House File 2465 - Introduced HOUSE FILE 2465 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO HSB 704) A BILL FOR An Act relating to statutory corrections which may adjust 1 language to reflect current practices, insert earlier 2 omissions, delete redundancies and inaccuracies, delete 3 temporary language, resolve inconsistencies and conflicts, 4 update ongoing provisions, or remove ambiguities, and 5 including effective date and applicability provisions. 6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 7 TLSB 5828HV (2) 83 lh/rj

H.F. 2465 DIVISION I 1 MISCELLANEOUS PROVISIONS 2 Section 1. Section 8.7, Code 2009, is amended to read as 3 follows: 4 8.7 Reporting of gifts and bequests received. 5 All gifts and bequests received by a department or accepted 6 by the governor on behalf of the state shall be reported 7 to the Iowa ethics and campaign disclosure board and the 8 general assembly’s standing committees on government oversight 9 committees . The ethics and campaign disclosure board shall, by 10 January 31 of each year, submit to the fiscal services division 11 of the legislative services agency a written report listing 12 all gifts and bequests received during the previous calendar 13 year with a value over one thousand dollars and the purpose for 14 each such gift or bequest. The submission shall also include 15 a listing of all gifts and bequests received by a department 16 from a person if the cumulative value of all gifts and bequests 17 received by the department from the person during the previous 18 calendar year exceeds one thousand dollars, and the ethics and 19 campaign disclosure board shall include, if available, the 20 purpose for each such gift or bequest. However, the reports on 21 gifts or bequests filed by the state board of regents pursuant 22 to section 8.44 shall be deemed sufficient to comply with the 23 requirements of this section. 24 Sec. 2. Section 8.9, subsection 2, paragraph b, Code 25 Supplement 2009, is amended to read as follows: 26 b. The office of grants enterprise management shall submit 27 by July 1 and January 1 of each year to the general assembly’s 28 standing committees on government oversight committees a 29 written report summarizing departmental compliance with the 30 requirements of this subsection. 31 Sec. 3. Section 9H.4, subsection 1, paragraph b, 32 subparagraph (3), subparagraph division (a), subparagraph 33 subdivision (i), Code Supplement 2009, is amended to read as 34 follows: 35 -1- LSB 5828HV (2) 83 lh/rj 1/ 116

H.F. 2465 (i) The corporation or limited liability company must not 1 hold the agricultural land other than as a lessee. The term 2 of the lease must be for not more than twelve years. The 3 corporation or limited liability company shall not renew a 4 lease. The corporation or limited liability company shall 5 not enter into a lease under this subparagraph subdivision, 6 if the corporation or limited liability company has ever 7 entered into another lease under this subparagraph (3), whether 8 or not the lease is in effect. However, this subparagraph 9 subdivision does not apply to a domestic corporation organized 10 under chapter 504, Code 1989, or current chapter 504. 11 Sec. 4. Section 12B.6, Code 2009, is amended to read as 12 follows: 13 12B.6 Certain public funds of political subdivisions. 14 All funds received, expended, or held by an association of 15 elected county officers before, on, or after June 16, 2005, to 16 implement a state-authorized program, are subject to audit by 17 the auditor of state at the request of the general assembly’s 18 standing committees on government oversight committees or the 19 legislative council. All such funds received or held on and 20 after July 1, 2005, shall be deposited in a fund in the office 21 of the treasurer of state. 22 Sec. 5. Section 15G.111, subsection 2, paragraph c, Code 23 Supplement 2009, is amended to read as follows: 24 c. Of the moneys accruing to the fund pursuant to subsection 25 1, paragraph “c” , the department, with the approval of the 26 board, may allocate an amount necessary to fund administrative 27 and operations costs. An allocation pursuant to this 28 section paragraph may be made in addition to any allocations 29 made pursuant to subsection 4, paragraph “a” . 30 Sec. 6. Section 15G.112, subsection 1, paragraph h, Code 31 Supplement 2009, is amended to read as follows: 32 h. If a business that is approved to receive financial 33 assistance experiences a layoff within this state or closes 34 any of its facilities within this state, the board has the 35 -2- LSB 5828HV (2) 83 lh/rj 2/ 116

H.F. 2465 discretion to reduce or eliminate some or all of the amount 1 of financial assistance to be received. If a business has 2 received financial assistance under this part section and 3 experiences a layoff within this state or closes any of its 4 facilities within this state, the business may be subject 5 to repayment of all or a portion of the incentives that the 6 business has received. 7 Sec. 7. Section 15G.115, subsection 3, paragraph b, Code 8 Supplement 2009, is amended to read as follows: 9 b. Consider the recommendation of the due diligence 10 committee , and the agricultural products advisory council , and 11 the technology commercialization committee on each application 12 for financial assistance, as described in subsection 2, and 13 take final action on each application. 14 Sec. 8. Section 73.1, unnumbered paragraph 1, Code 2009, is 15 amended to read as follows: 16 Every commission, board, committee, officer , or other 17 governing body of the state, or of any county, township, school 18 district or city, and every person acting as contracting or 19 purchasing agent for any such commission, board, committee, 20 officer , or other governing body shall use only those products 21 and provisions grown and coal produced within the state of 22 Iowa, when they are found in marketable quantities in the 23 state and are of a quality reasonably suited to the purpose 24 intended, and can be secured without additional cost over 25 foreign products or products of other states. This section 26 shall apply to horticultural products grown in this state even 27 if the products are not in the stage of processing that the 28 agency usually purchases the product. However, this section 29 does not apply to a school district purchasing food while the 30 school district is participating in the federal school lunch or 31 breakfast program. 32 Sec. 9. Section 85A.11, subsection 2, Code 2009, is amended 33 to read as follows: 34 2. The specimens for the tests required herein must be taken 35 -3- LSB 5828HV (2) 83 lh/rj 3/ 116

H.F. 2465 by a licensed practicing physician or osteopathic physician, 1 and immediately delivered to the university state hygienic 2 laboratory of the Iowa department of public health at Iowa 3 City, and each such specimen shall be in a container upon 4 which is plainly printed the name and address of the subject, 5 the date when the specimen was taken, the name and address of 6 the subject’s employer and a certificate by the physician or 7 osteopathic physician that the physician took the specimen 8 from the named subject on the date stated over the physician’s 9 signature and address. 10 Sec. 10. Section 99G.7, subsection 1, paragraph g, Code 11 2009, is amended to read as follows: 12 g. Report semiannually to the legislative general 13 assembly’s standing committees on government oversight 14 committees regarding the operations of the authority. 15 Sec. 11. Section 99G.21, subsection 3, Code 2009, is amended 16 to read as follows: 17 3. Notwithstanding any other provision of law, any purchase 18 of real property and any borrowing of more than one million 19 dollars by the authority shall require written notice from 20 the authority to the legislative general assembly’s standing 21 committees on government oversight committees and the prior 22 approval of the executive council. 23 Sec. 12. Section 99G.40, subsection 4, Code 2009, is amended 24 to read as follows: 25 4. For informational purposes only, the chief executive 26 officer shall submit to the department of management by October 27 1 of each year a proposed operating budget for the authority 28 for the succeeding fiscal year. This budget proposal shall 29 also be accompanied by an estimate of the net proceeds to 30 be deposited into the general fund during the succeeding 31 fiscal year. This budget shall be on forms prescribed by the 32 department of management. A copy of the information required 33 to be submitted to the department of management pursuant to 34 this subsection shall be submitted to the legislative general 35 -4- LSB 5828HV (2) 83 lh/rj 4/ 116

H.F. 2465 assembly’s standing committees on government oversight 1 committees and the legislative services agency by October 1 of 2 each year. 3 Sec. 13. Section 124.212B, subsection 9, Code Supplement 4 2009, is amended to read as follows: 5 9. The office and the board shall report to the board on 6 an annual basis, beginning January 1, 2010, regarding the 7 repository, including the effectiveness of the repository in 8 discovering unlawful sales of pseudoephedrine products. 9 Sec. 14. Section 135.43, subsection 7, paragraph b, Code 10 Supplement 2009, is amended to read as follows: 11 b. A person in possession or control of medical, 12 investigative, assessment, or other information pertaining to a 13 child death and child abuse review shall allow the inspection 14 and reproduction of the information by the office of the state 15 medical examiner upon the request of the office, to be used 16 only in the administration and for the duties of the Iowa 17 child death review team. Except as provided for a report on 18 a child fatality by an ad hoc child fatality review committee 19 under subsection 4, information and records produced under this 20 section which are confidential under section 22.7 and chapter 21 235A, and information or records received from the confidential 22 records, remain confidential under this section. A person does 23 not incur legal liability by reason of releasing information to 24 the department or the office of the state medical examiner as 25 required under and in compliance with this section. 26 Sec. 15. Section 135.150, subsection 2, Code Supplement 27 2009, is amended to read as follows: 28 2. The department shall report semiannually to the 29 legislative general assembly’s standing committees on 30 government oversight committees regarding the operation of the 31 gambling treatment program. The report shall include but is 32 not limited to information on the moneys expended and grants 33 awarded for operation of the gambling treatment program. 34 Sec. 16. Section 135C.41, subsection 2, Code Supplement 35 -5- LSB 5828HV (2) 83 lh/rj 5/ 116

H.F. 2465 2009, is amended to read as follows: 1 2. Notify the director that the facility desires to contest 2 the citation and , in the case of citations for Class I, Class 3 II, or Class III violations, request an informal conference 4 with a representative of the department. 5 Sec. 17. Section 135C.43, subsection 1, Code Supplement 6 2009, is amended to read as follows: 7 1. A facility which desires to further contest an affirmed 8 or modified citation for a Class I, Class II, or Class III 9 violation, may do so in the manner provided by chapter 17A 10 for contested cases. Notice of intent to formally contest a 11 citation shall be given the department in writing within five 12 days after the informal conference or after receipt of the 13 written explanation of the representative delegated to hold the 14 informal conference, whichever is applicable, in the case of an 15 affirmed or modified citation for a Class I, Class II, or Class 16 III violation . A facility which has exhausted all adequate 17 administrative remedies and is aggrieved by the final action of 18 the department may petition for judicial review in the manner 19 provided by chapter 17A. 20 Sec. 18. Section 147.14, subsection 1, paragraphs l and o, 21 Code Supplement 2009, are amended to read as follows: 22 l. For the board of physician assistants, five members 23 licensed to practice as physician assistants, at least two of 24 whom practice in counties with a population of less than fifty 25 thousand, one member licensed to practice medicine and surgery 26 who supervises a physician assistant, one member licensed to 27 practice osteopathic medicine and surgery who supervises a 28 physician assistant, and two members who are not licensed to 29 practice either medicine and surgery or osteopathic medicine 30 and surgery or licensed as a physician assistant and who shall 31 represent the general public. At least one of the physician or 32 osteopathic physician members shall be in practice in a county 33 with a population of less than fifty thousand. 34 o. For respiratory care, one licensed physician with 35 -6- LSB 5828HV (2) 83 lh/rj 6/ 116

H.F. 2465 training in respiratory care, three respiratory care 1 practitioners who have practiced respiratory care for a minimum 2 of six years immediately preceding their appointment to the 3 board and who are recommended by the society for respiratory 4 care, and one member not licensed to practice medicine , 5 osteopathic medicine, or respiratory care who shall represent 6 the general public. 7 Sec. 19. Section 148.3, subsection 1, paragraph a, 8 unnumbered paragraph 1, Code Supplement 2009, is amended to 9 read as follows: 10 A diploma issued by a medical college or college of 11 osteopathic medicine and surgery approved by the board, or 12 other evidence of equivalent medical education approved by 13 the board. The board may accept, in lieu of a diploma from 14 a medical college or college of osteopathic medicine and 15 surgery approved by the board, all of the following: 16 Sec. 20. Section 153.34, subsection 16, Code Supplement 17 2009, is amended to read as follows: 18 16. The For a dental hygienist, the practice of dentistry by 19 a the dental hygienist ; shall also be grounds for discipline 20 of the dental hygienist, and for a dentist, the permitting 21 of such the practice of dentistry by a dental hygienist by 22 the dentist under whose supervision the dental hygienist is 23 operating shall be grounds for disciplining of the dentist . 24 Sec. 21. Section 163.30, subsection 5, Code Supplement 25 2009, is amended to read as follows: 26 5. a. All swine moved shall be accompanied by a certificate 27 of veterinary inspection issued by the state of origin and 28 prepared and signed by a veterinarian. The certificate shall 29 show the point of origin, the point of destination, individual 30 identification, immunization status, and, when required, 31 any movement permit number assigned to the shipment by the 32 department. All such movement of swine shall be completed 33 within seventy-two hours unless an extension of time for 34 movement is granted by the department. 35 -7- LSB 5828HV (2) 83 lh/rj 7/ 116

H.F. 2465 b. a. However, the requirements of paragraph “a” do not 1 apply as follows: 2 Swine which are swine may be moved intrastate directly to 3 an approved state, federal, or auction market , there without 4 identification or certification, if the swine are to 5 be identified and certificated , are excepted from the 6 identification and certification requirements at the auction 7 market . 8 c. b. Registered swine for exhibition or breeding purposes 9 which can be individually identified by an ear notch or tattoo 10 or other method approved by the department are excepted from 11 the additional identification requirement. 12 d. c. Native Iowa swine moved from farm to farm shall 13 be excepted from the identification requirement if the owner 14 transferring possession of the feeder pigs executes a written 15 agreement with the person taking possession of the feeder pigs. 16 The agreement shall provide that the feeder pigs shall not be 17 commingled with other swine for a period of thirty days. The 18 owner transferring possession shall be responsible for making 19 certain that the agreement is executed and for providing a copy 20 of the agreement to the person taking possession. 21 Sec. 22. Section 173.1, subsection 5, Code 2009, is amended 22 to read as follows: 23 5. A secretary to be elected appointed by the board who 24 shall serve as a nonvoting member. 25 Sec. 23. Section 175.8, subsection 4, Code Supplement 2009, 26 is amended to read as follows: 27 4. The authority’s executive director, appointed 28 pursuant to section 175.7, shall report semiannually to 29 the legislative general assembly’s standing committees 30 on government oversight committees regarding the operations of 31 the authority. 32 Sec. 24. Section 176A.10, subsection 2, Code Supplement 33 2009, is amended to read as follows: 34 2. An extension council of an extension district may choose 35 -8- LSB 5828HV (2) 83 lh/rj 8/ 116

H.F. 2465 to be subject to the levy and revenue limits specified in 1 subparagraphs (2) of subsection 1, paragraphs “a” through 2 “d” , and subsection 1, paragraph “e” , for the purpose of the 3 annual levy for the fiscal year commencing July 1, 1991, which 4 levy is payable in the fiscal year beginning July 1, 1992. 5 Before an extension district may be subject to the levy and 6 revenue limits specified in subparagraphs (2) of subsection 7 1, paragraphs “a” through “d” , and subsection 1, paragraph 8 “e” , for fiscal years beginning on or after July 1, 1992, 9 which levy is payable in fiscal years beginning on or after 10 July 1, 1993, the question of whether the district shall be 11 subject to the levy and revenue limits as specified in such 12 subsections paragraphs must be submitted to the registered 13 voters of the district. The question shall be submitted at the 14 time of a state general election. If the question is approved 15 by a majority of those voting on the question the levy and 16 revenue limits specified in subparagraphs (2) of subsection 17 1, paragraphs “a” through “d” , and subsection 1, paragraph 18 “e” , shall thereafter apply to the extension district. The 19 question need only be approved at one state general election. 20 If a majority of those voting on the question vote against the 21 question, the district may continue to submit the question at 22 subsequent state general elections until approved. 23 Sec. 25. Section 203.19, subsection 2, Code Supplement 24 2009, is amended to read as follows: 25 2. a. If a cooperative agreement is in effect under this 26 section, the indemnification requirements of this chapter may 27 be satisfied by filing with the department evidence of a bond 28 or an irrevocable letter of credit on file with a state or of 29 participation in an indemnity fund in a state with which Iowa 30 has a cooperative agreement as provided for by this section. 31 b. (1) 3. a. Indemnification proceeds shall be copayable 32 to the state of Iowa for the benefit of sellers of grain under 33 this chapter. 34 (2) b. Indemnification proceeds required by this chapter 35 -9- LSB 5828HV (2) 83 lh/rj 9/ 116

H.F. 2465 may be made copayable to any state with whom this state has 1 entered into contracts or agreements as authorized by this 2 section, for the benefit of sellers of grain in that state. 3 Sec. 26. Section 216.6A, subsection 3, unnumbered paragraph 4 1, Code Supplement 2009, is amended to read as follows: 5 It shall be an affirmative defense for to a claim arising 6 under this section if any of the following applies: 7 Sec. 27. Section 216C.11, subsection 2, Code Supplement 8 2009, is amended to read as follows: 9 2. A person with a disability, a person assisting a person 10 with a disability by controlling a service dog or an assistive 11 animal, or a person training a service dog or an assistive 12 animal has the right to be accompanied by a service dog or an 13 assistive animal, under control, in any of the places listed 14 in sections 216C.3 and 216C.4 without being required to make 15 additional payment for the service dog or assistive animal. 16 A landlord shall waive lease restrictions on the keeping of 17 animals for the service dog or assistive animal of a person 18 with a disability. The person is liable for damage done to any 19 premises or facility by a service dog or assistive animal. 20 Sec. 28. Section 235B.1, subsection 4, paragraph b, 21 subparagraph (1), Code Supplement 2009, is amended to read as 22 follows: 23 (1) The advisory council shall consist of 24 twelve fourteen members. Six members shall be appointed by and 25 serve at the pleasure of the governor. Four of the members 26 appointed shall be appointed on the basis of knowledge and 27 skill related to expertise in the area of dependent adult 28 abuse including professionals practicing in the disciplines of 29 medicine, public health, mental health, long-term care, social 30 work, law, and law enforcement. Two of the members appointed 31 shall be members of the general public with an interest in 32 the area of dependent adult abuse and two of the members 33 appointed shall be members of the Iowa caregivers association. 34 In addition, the membership of the council shall include the 35 -10- LSB 5828HV (2) 83 lh/rj 10/ 116

H.F. 2465 director or the director’s designee of the department of human 1 services, the department on aging, the Iowa department of 2 public health, and the department of inspections and appeals. 3 Sec. 29. Section 256B.9, subsection 1, paragraphs b, c, and 4 d, Code 2009, are amended to read as follows: 5 b. Children requiring special education who require special 6 adaptations while assigned to a regular classroom for basic 7 instructional purposes and pupils with disabilities placed in a 8 special education class who receive part of their instruction 9 in regular classrooms are assigned a weighting of one and 10 eight-tenths for the school year commencing July 1, 1975 . This 11 Effective July 1, 1991, this paragraph also applies to 12 children requiring special education who require specially 13 designed instruction while assigned to a regular classroom for 14 basic instructional purposes. 15 c. Children requiring special education who require 16 full-time, self-contained special education placement with 17 little integration into a regular classroom are assigned a 18 weighting of two and two-tenths for the school year commencing 19 July 1, 1975 . This 20 Effective July 1, 1991, this paragraph also applies to 21 children requiring special education who require substantial 22 modifications, adaptations, or special education accommodations 23 in order to benefit from instruction in an integrated 24 classroom. 25 d. Children requiring special education who have severe 26 disabilities or who have multiple disabilities are assigned 27 a weighting of four and four-tenths for the school year 28 commencing July 1, 1975 . This 29 Effective July 1, 1991, this paragraph also applies to 30 children requiring special education who have severe and 31 profound disabilities. 32 Sec. 30. Section 256D.3, subsection 3, Code Supplement 33 2009, is amended to read as follows: 34 3. Beginning January 15, 2006, the department shall submit 35 -11- LSB 5828HV (2) 83 lh/rj 11/ 116

H.F. 2465 an annual report to the chairpersons and ranking members of 1 the senate and house education committees that includes the 2 statewide average school district class size in basic skills 3 instruction in kindergarten through grade three, by grade 4 level and by district size, and describes school district 5 progress toward achieving early intervention block grant 6 program goals and the ways in which school districts are 7 using moneys received pursuant to this chapter and expended 8 as provided in section 256D.2 256D.2A . The report shall 9 include district-by-district information showing the allocation 10 received for early intervention block grant program purposes, 11 the total number of students enrolled in grade four in each 12 district, and the number of students in each district who are 13 not proficient in reading in grade four for the most recent 14 reporting period, as well as for each reporting period starting 15 with the school year beginning July 1, 2001. 16 Sec. 31. Section 256F.2, Code 2009, is amended by adding the 17 following new unnumbered paragraph: 18 NEW UNNUMBERED PARAGRAPH . As used in this chapter, unless 19 the context otherwise requires: 20 Sec. 32. Section 256G.4, subsection 3, paragraph a, 21 subparagraph (2), unnumbered paragraph 1, Code Supplement 2009, 22 is amended to read as follows: 23 Ten members , as follows, who shall be jointly recommended 24 for membership by the president and the director , and shall be 25 jointly approved by the state board of regents and the state 26 board of education, shall serve three-year staggered terms, and 27 shall be eligible to serve for two consecutive three-year terms 28 on the council in addition to any partial, initial term: 29 Sec. 33. Section 257.6, subsection 1, paragraph a, 30 subparagraph (5), Code Supplement 2009, is amended to read as 31 follows: 32 (5) Resident pupils receiving competent private instruction 33 from a licensed practitioner provided through a public 34 school district pursuant to chapter 299A shall be counted as 35 -12- LSB 5828HV (2) 83 lh/rj 12/ 116

H.F. 2465 three-tenths of one pupil. Revenues received by a school 1 district attributed to a school district’s weighted enrollment 2 pursuant to this paragraph subparagraph shall be expended for 3 the purpose for which the weighting was assigned under this 4 paragraph subparagraph . If the school district determines that 5 the expenditures associated with providing competent private 6 instruction pursuant to chapter 299A are in excess of the 7 revenue attributed to the school district’s weighted enrollment 8 for such instruction in accordance with this subparagraph, 9 the school district may submit a request to the school budget 10 review committee for modified allowable growth in accordance 11 with section 257.31, subsection 5, paragraph “n” . A home school 12 assistance program shall not provide moneys received pursuant 13 to this subparagraph, nor resources paid for with moneys 14 received pursuant to this subparagraph, to parents or students 15 utilizing the program. 16 Sec. 34. Section 260C.44, Code 2009, is amended to read as 17 follows: 18 260C.44 Apprenticeship programs. 19 1. Each community college is authorized to establish or 20 contract for the establishment of apprenticeship programs 21 for apprenticeable occupations. Any apprenticeship program 22 established under this section shall comply with requirements 23 established by the United States department of labor, 24 bureau of apprenticeship and training. Participation in an 25 apprenticeship program or apprenticeship agreement by an 26 apprenticeship sponsor shall be on a voluntary basis. 27 2. For purposes of this section , : 28 a. “Apprentice” means a person who is at least sixteen 29 years of age, except where a higher minimum age is required by 30 law, who is employed in an apprenticeable occupation, and is 31 registered with the United States department of labor, office 32 of apprenticeship. 33 b. “Apprenticeable occupation” means an occupation approved 34 for apprenticeship by the United States department of labor, 35 -13- LSB 5828HV (2) 83 lh/rj 13/ 116

H.F. 2465 office of apprenticeship and training. 1 c. “apprenticeship “Apprenticeship program” means a 2 plan, registered with the United States bureau office of 3 apprenticeship and training which contains the terms and 4 conditions for the qualification, recruitment, selection, 5 employment, and training of apprentices, including the 6 requirement for a written apprenticeship agreement. 7 d. For purposes of this section , “apprenticeship 8 “Apprenticeship sponsor” means a person operating an 9 apprenticeship program or in whose name an apprenticeship 10 program is being operated, registered, or approved. 11 For purposes of this section , “apprenticeable 12 occupation” means an occupation approved for apprenticeship by 13 the United States department of labor, bureau of apprenticeship 14 and training. 15 For purposes of this section , “apprentice” means a person who 16 is at least sixteen years of age, except where a higher minimum 17 age is required by law, who is employed in an apprenticeable 18 occupation, and is registered with the United States department 19 of labor, bureau of apprenticeship and training. 20 Sec. 35. Section 260C.47, subsection 1, unnumbered 21 paragraph 1, Code 2009, is amended to read as follows: 22 The state board of education shall establish an 23 accreditation process for community college programs by July 24 1, 1997. The process shall be jointly developed and agreed 25 upon by the department of education and the community colleges. 26 The state accreditation process shall be integrated with 27 the accreditation process of the north central association 28 of colleges and schools, including the evaluation cycle, 29 the self-study process, and the criteria for evaluation, 30 which shall incorporate the standards for community colleges 31 developed under section 260C.48; and shall identify and make 32 provision for the needs of the state that are not met by the 33 association’s accreditation process. For the academic year 34 commencing July 1, 1998, and in succeeding school years, the 35 -14- LSB 5828HV (2) 83 lh/rj 14/ 116

H.F. 2465 department of education shall use a two-component process for 1 the continued accreditation of community college programs. 2 Beginning July 1, 2006, the state accreditation process 3 shall incorporate the standards developed pursuant to section 4 260C.48, subsection 4 . 5 Sec. 36. Section 272C.4, unnumbered paragraph 2, Code 6 Supplement 2009, is amended by striking the unnumbered 7 paragraph. 8 Sec. 37. NEW SECTION . 272C.11 Insurers of professional and 9 occupational licensees —— reports. 10 Insurance carriers which insure professional and 11 occupational licensees for acts or omissions that constitute 12 negligence, careless acts, or omissions in the practice 13 of a profession or occupation shall file reports with the 14 appropriate licensing board. The reports shall include 15 information pertaining to any lawsuit filed against a licensee 16 which may affect the licensee as defined by rule, involving an 17 insured of the insurer. 18 Sec. 38. Section 282.18, subsection 2, paragraph b, Code 19 Supplement 2009, is amended to read as follows: 20 b. The board of the receiving district shall enroll the 21 pupil in a school in the receiving district for the following 22 school year unless the receiving district does not have has 23 insufficient classroom space for the pupil. The board of 24 directors of a receiving district may adopt a policy granting 25 the superintendent of the school district authority to approve 26 open enrollment applications. If the request is granted, 27 the board shall transmit a copy of the form to the parent or 28 guardian and the school district of residence within five days 29 after board action, but not later than June 1 of the preceding 30 school year. The parent or guardian may withdraw the request 31 at any time prior to the start of the school year. A denial of 32 a request by the board of a receiving district is not subject 33 to appeal. 34 Sec. 39. Section 282.18, subsection 13, Code Supplement 35 -15- LSB 5828HV (2) 83 lh/rj 15/ 116

H.F. 2465 2009, is amended to read as follows: 1 13. If a request under this section is for transfer to a 2 laboratory school, as described in chapter 265, the student, 3 who is the subject of the request, shall not be included in 4 the basic enrollment of the student’s district of residence, 5 and the laboratory school shall report the enrollment of the 6 student directly to the department of education, unless the 7 number of students from the district attending the laboratory 8 school during the current school year, as a result of open 9 enrollment under this section, exceeds the number of students 10 enrolled in the laboratory school from that district during 11 the 1989-1990 school year. If the number of students enrolled 12 in the laboratory school from a district during the current 13 year exceeds the number of students enrolled from that 14 district during the 1989-1990 school year, those students who 15 represent the difference between the current and the 1988-1989 16 school year enrollment figures shall be included in the basic 17 enrollment of the students’ districts of residence and the 18 districts shall retain any moneys received as a result of the 19 inclusion of the student in the district enrollment. The total 20 number of students enrolled at a laboratory school during a 21 school year shall not exceed six hundred seventy students. The 22 regents institution operating the laboratory school and the 23 board of directors of the school district in the community 24 in which the regents institution is located shall develop 25 a student transfer policy designed to protect and promote 26 the quality and integrity of the teacher education program 27 at the laboratory school, the viability of the education 28 program of the local school district in which the regents 29 institution is located, and to indicate the order in which and 30 reasons why requests to transfer to a laboratory school shall 31 be considered. A laboratory school may deny a request for 32 transfer under the policy. A denial of a request to transfer 33 under this paragraph subsection is not subject to appeal under 34 section 290.1. 35 -16- LSB 5828HV (2) 83 lh/rj 16/ 116

H.F. 2465 Sec. 40. Section 301.28, subsection 1, Code Supplement 1 2009, is amended to read as follows: 2 1. A school district director, officer, or teacher shall 3 not act as agent for school textbooks or school supplies, 4 including sports apparel or equipment, in any transaction 5 with a director, officer, or other staff member of the school 6 district during such term of office or employment. 7 Sec. 41. Section 321.115A, subsection 1, Code Supplement 8 2009, is amended to read as follows: 9 1. A motor vehicle may be registered as a replica vehicle 10 or street rod upon payment of . The annual registration fee 11 is the fee provided for in section 321.109, 321.113, 321.122, 12 or 321.124. The owner of a vehicle registered under this 13 section may display registration plates from or representing 14 the model year of the motor vehicle or the model year of the 15 motor vehicle the registered vehicle is designed to resemble, 16 furnished by the person and approved by the department, in 17 lieu of the current and valid Iowa registration plates issued 18 for the vehicle, provided that the current and valid Iowa 19 registration plates and the registration card issued for the 20 vehicle are simultaneously carried within the vehicle and 21 are available for inspection to any peace officer upon the 22 officer’s request. 23 Sec. 42. NEW SECTION . 321.179 Motorcycle rider education 24 fund. 25 The motorcycle rider education fund is established in 26 the office of the treasurer of state. The moneys credited 27 to the fund are appropriated to the state department of 28 transportation to be used to establish new motorcycle rider 29 education courses and reimburse sponsors of motorcycle rider 30 education courses for the costs of providing motorcycle rider 31 education courses approved and established by the department. 32 The department shall adopt rules under chapter 17A providing 33 for the distribution of moneys to sponsors of motorcycle 34 rider education courses based upon the cost of providing the 35 -17- LSB 5828HV (2) 83 lh/rj 17/ 116

H.F. 2465 education courses. 1 Sec. 43. Section 321.180B, subsections 5, 6, and 7, Code 2 Supplement 2009, are amended to read as follows: 3 5. Class M license education requirements. A person under 4 the age of eighteen applying for an intermediate or full 5 driver’s license valid for the operation of a motorcycle shall 6 be required to successfully complete a motorcycle education 7 course either approved and established by the department of 8 transportation or from a private or commercial driver education 9 school licensed by the department of transportation before the 10 class M license will be issued. A public school district shall 11 charge a student a fee which shall not exceed the actual cost 12 of instruction minus moneys received by the school district 13 under subsection 6 section 321.179 . 14 6. Motorcycle rider education fund. The motorcycle rider 15 education fund is established in the office of the treasurer of 16 state. The moneys credited to the fund are appropriated to the 17 state department of transportation to be used to establish new 18 motorcycle rider education courses and reimburse sponsors of 19 motorcycle rider education courses for the costs of providing 20 motorcycle rider education courses approved and established by 21 the department. The department shall adopt rules under chapter 22 17A providing for the distribution of moneys to sponsors of 23 motorcycle rider education courses based upon the cost of 24 providing the education courses. 25 7. 6. Rules. The department may adopt rules pursuant to 26 chapter 17A to administer this section. 27 Sec. 44. Section 321.247, Code 2009, is amended to read as 28 follows: 29 321.247 Golf cart operation on city streets. 30 1. a. Incorporated areas may, upon approval of their 31 governing body, allow the operation of golf carts on city 32 streets by persons possessing a valid driver’s license. 33 However, a golf cart shall not be operated upon a city street 34 which is a primary road extension through the city but shall 35 -18- LSB 5828HV (2) 83 lh/rj 18/ 116