House Study Bill 704 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON SWAIM) 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 5828HC (1) 83 lh/rj
H.F. _____ 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 5828HC (1) 83 lh/rj 1/ 116
H.F. _____ (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 5828HC (1) 83 lh/rj 2/ 116
H.F. _____ 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 5828HC (1) 83 lh/rj 3/ 116
H.F. _____ 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 5828HC (1) 83 lh/rj 4/ 116
H.F. _____ 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 5828HC (1) 83 lh/rj 5/ 116
H.F. _____ 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 5828HC (1) 83 lh/rj 6/ 116
H.F. _____ 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 5828HC (1) 83 lh/rj 7/ 116
H.F. _____ 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 5828HC (1) 83 lh/rj 8/ 116
H.F. _____ 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 5828HC (1) 83 lh/rj 9/ 116
H.F. _____ 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 5828HC (1) 83 lh/rj 10/ 116
H.F. _____ 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 5828HC (1) 83 lh/rj 11/ 116
H.F. _____ 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 5828HC (1) 83 lh/rj 12/ 116
H.F. _____ 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 5828HC (1) 83 lh/rj 13/ 116
H.F. _____ 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 5828HC (1) 83 lh/rj 14/ 116
H.F. _____ 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 5828HC (1) 83 lh/rj 15/ 116
H.F. _____ 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 5828HC (1) 83 lh/rj 16/ 116
H.F. _____ 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 5828HC (1) 83 lh/rj 17/ 116
H.F. _____ 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 5828HC (1) 83 lh/rj 18/ 116
H.F. _____ be allowed to cross a city street which is a primary road 1 extension through the city. 2 b. The golf carts shall be equipped with a slow moving 3 vehicle sign and a bicycle safety flag and operate on the 4 streets only from sunrise to sunset. 5 c. Golf carts operated on city streets shall be equipped 6 with adequate brakes and shall meet any other safety 7 requirements imposed by the governing body. 8 2. Golf carts are not subject to the registration provisions 9 of this chapter. 10 3. A person convicted of a violation of this section is 11 guilty of who violates subsection 1 commits a simple 12 misdemeanor punishable as a scheduled violation under section 13 805.8A, subsection 3, paragraph “f” . 14 Sec. 45. Section 321.295, Code 2009, is amended to read as 15 follows: 16 321.295 Limitation on bridge or elevated structures. 17 1. No A person shall not drive a vehicle on any public 18 bridge or elevated structure at a speed which is greater than 19 the maximum speed permitted under this chapter on the street 20 or highway at a point where said street or highway joins said 21 bridge or elevated structure , provided that . However, if the 22 maximum speed permitted on said street or highway differs from 23 the maximum speed on any other street or highway joining said 24 bridge or elevated structure, then the lowest of said those 25 maximum speeds shall be the maximum speed limit on said bridge 26 or elevated structure , subject to the following: 27 The unless the department , upon request from any local 28 authority shall, or upon its own initiative may, conduct , 29 has conducted an investigation of any the bridge or other 30 elevated structure constituting a part of a the highway, and 31 if it shall thereupon find has found that such the structure 32 cannot with safety to itself withstand vehicles traveling at 33 the speed otherwise permissible under this chapter , . Under 34 those circumstances, the department shall determine and declare 35 -19- LSB 5828HC (1) 83 lh/rj 19/ 116
H.F. _____ the maximum speed of vehicles which such the structure can 1 withstand, and shall cause or permit suitable signs stating 2 such maximum speed to be erected and maintained at a distance 3 of two hundred feet before each end of such structure. 4 2. No A person shall not drive a vehicle over any bridge 5 or other elevated structure constituting a part of a highway 6 at a speed which is greater than the maximum speed which can 7 be maintained with safety to such bridge or structure, when 8 such the structure is signposted as provided in this section. 9 3. Upon the trial of any person charged with driving 10 a vehicle at a speed which is greater than the maximum 11 speed which can be maintained with safety to such bridge or 12 structure, proof of such determination of the maximum speed 13 by said department and the existence of said signs shall 14 constitute conclusive evidence of the maximum speed which can 15 be maintained with safety to such bridge or structure. 16 Sec. 46. Section 321.385A, Code 2009, is amended to read as 17 follows: 18 321.385A Citation for unlighted headlamp or rear lamp. 19 1. a. A citation issued for failure to have headlamps 20 as required under section 321.385 shall first provide for a 21 seventy-two hour period within which the person charged with 22 the violation shall replace or repair the headlamp. If the 23 person complies with the directive to replace or repair the 24 headlamp within the allotted time period, the citation shall be 25 expunged. If the person fails to comply within the allotted 26 time period, the citation shall be processed in the same manner 27 as other citations. A citation issued under this section shall 28 include a written notice of replacement or repair which shall 29 indicate the date of replacement or repair and the manner in 30 which the replacement or repair occurred and which shall be 31 returned to the issuing authority within the seventy-two hour 32 time period. 33 b. A citation issued for failure to have rear lamps as 34 required under section 321.387 or a rear registration plate 35 -20- LSB 5828HC (1) 83 lh/rj 20/ 116
H.F. _____ light as required under section 321.388 shall first provide for 1 a seventy-two hour period within which the person charged with 2 the violation shall replace or repair the lamps or light. If 3 the person complies with the directive to replace or repair the 4 lamps or light within the allotted time period, the citation 5 shall be expunged. If the person fails to comply within the 6 allotted time period, the citation shall be processed in the 7 same manner as other citations. 8 2. If the person complies with the directive to replace or 9 repair the headlamp, rear lamps, or rear registration plate 10 light within the allotted time period, the citation shall be 11 expunged. If the person fails to comply within the allotted 12 time period, the citation shall be processed in the same manner 13 as other citations. 14 3. A citation issued under this section shall include a 15 written notice of replacement or repair which shall indicate 16 the date of replacement or repair and the manner in which the 17 replacement or repair occurred and which shall be returned to 18 the issuing authority within the seventy-two hour time period. 19 Sec. 47. Section 321.449, subsections 1 and 4, Code 20 Supplement 2009, are amended to read as follows: 21 1. a. A person shall not operate a commercial vehicle on 22 the highways of this state except in compliance with rules 23 adopted by the department under chapter 17A. The rules shall 24 be consistent with the federal motor carrier safety regulations 25 promulgated under United States Code, Tit. 49, and found in 49 26 C.F.R. pts. 385, 390 399 and adopted under chapter 17A. 27 b. The department shall also adopt rules concerning hours of 28 service for drivers of vehicles operated for hire and designed 29 to transport seven or more persons, including the driver. The 30 rules shall not apply to vehicles offered to the public for 31 hire that are used principally in intracity operation and that 32 are regulated by local authorities pursuant to section 321.236. 33 4. a. Notwithstanding other provisions of this section, 34 rules adopted under this section for drivers of commercial 35 -21- LSB 5828HC (1) 83 lh/rj 21/ 116
H.F. _____ vehicles shall not apply to a driver of a commercial vehicle 1 who is engaged exclusively in intrastate commerce, when the 2 commercial vehicle’s gross vehicle weight rating is twenty-six 3 thousand pounds or less, unless the vehicle is used to 4 transport hazardous materials requiring a placard or if the 5 vehicle is designed to transport more than fifteen passengers, 6 including the driver. For the purpose of complying with the 7 hours of service recordkeeping requirements under 49 C.F.R. 8 § 395.1(e)(1)(v)(A D), a driver’s report of daily beginning 9 and ending on-duty time submitted to the motor carrier at the 10 end of each workweek shall be considered acceptable motor 11 carrier time records. 12 b. In addition, rules adopted under this section shall not 13 apply to a driver operating intrastate for a farm operation 14 as defined in section 352.2, or for an agricultural interest 15 when the commercial vehicle is operated between the farm as 16 defined in section 352.2 and another farm, between the farm 17 and a market for farm products, or between the farm and an 18 agribusiness location. 19 c. A driver or a driver-salesperson for a private carrier, 20 who is not for hire and who is engaged exclusively in 21 intrastate commerce, may drive twelve hours, be on duty sixteen 22 hours in a twenty-four-hour period, and be on duty seventy 23 hours in seven consecutive days or eighty hours in eight 24 consecutive days. A “driver-salesperson” means as defined in 49 25 C.F.R. § 395.2, as adopted by the department by rule. 26 d. For-hire drivers who are engaged exclusively in 27 intrastate commerce and who operate trucks and truck 28 tractors exclusively for the movement of construction 29 materials and equipment to and from construction projects 30 may also drive twelve hours, be on duty sixteen hours in a 31 twenty-four-hour period, and be on duty seventy hours in seven 32 consecutive days or eighty hours in eight consecutive days. A 33 “driver-salesperson” means as defined in 49 C.F.R. § 395.2, as 34 adopted by the department by rule. 35 -22- LSB 5828HC (1) 83 lh/rj 22/ 116
H.F. _____ Sec. 48. Section 321I.22, subsection 9, Code Supplement 1 2009, is amended to read as follows: 2 9. The commission may adopt rules consistent with this 3 chapter establishing minimum requirements for dealers. In 4 adopting such rules, the department commission shall consider 5 the need to protect persons, property, and the environment 6 and to promote uniformity of practices relating to the sale 7 and use of all-terrain vehicles. The commission may also 8 adopt rules providing for the suspension or revocation of a 9 dealer’s special registration certificate issued pursuant to 10 this section. 11 Sec. 49. Section 404A.4, subsection 2, Code Supplement 12 2009, is amended to read as follows: 13 2. After verifying the eligibility for the tax credit, 14 the state historic preservation office shall issue a historic 15 preservation and cultural and entertainment district tax credit 16 certificate to be attached to the person’s tax return. The tax 17 credit certificate shall contain the taxpayer’s name, address, 18 tax identification number, the date of project completion, the 19 amount of credit, other information required by the department 20 of revenue, and a place for the name and tax identification 21 number of a transferee and the amount of the tax credit being 22 transferred. Of the amount of tax credits that may be approved 23 in a fiscal year pursuant to subsection 4, paragraph “a” : 24 a. For the fiscal year beginning July 1, 2009, the 25 department office shall reserve not more than twenty million 26 dollars worth of tax credits for a taxable year beginning on or 27 after January 1, 2009, and not more than thirty million dollars 28 worth of tax credits for a taxable year beginning on or after 29 January 1, 2010. 30 b. For the fiscal year beginning July 1, 2010, the 31 department office shall reserve not more than twenty million 32 dollars worth of tax credits for a taxable year beginning on or 33 after January 1, 2010, and not more than thirty million dollars 34 worth of tax credits for a taxable year beginning on or after 35 -23- LSB 5828HC (1) 83 lh/rj 23/ 116
H.F. _____ January 1, 2011. 1 c. For the fiscal year beginning July 1, 2011, the 2 department office shall reserve not more than twenty million 3 dollars worth of tax credits for a taxable year beginning on or 4 after January 1, 2011, and not more than thirty million dollars 5 worth of tax credits for a taxable year beginning on or after 6 January 1, 2012. 7 Sec. 50. Section 404A.4, subsection 4, paragraph b, 8 subparagraph (4), Code Supplement 2009, is amended to read as 9 follows: 10 (4) Twenty percent of the dollar amount of the tax credits 11 shall be allocated for projects that involve the creation 12 of more than five hundred new permanent jobs. A taxpayer 13 receiving a tax credit certificate for a project under this 14 allocation shall provide information documenting the creation 15 of the jobs to the department state historic preservation 16 office and to the department of economic development. The 17 jobs shall be created within two years of the date a tax 18 credit certificate is issued. The department of economic 19 development shall verify the creation of the jobs. The amount 20 of any tax credits received is subject to recapture by the 21 department of revenue if the jobs are not created within two 22 years. The department state historic preservation office and 23 the department of economic development may adopt rules for the 24 implementation of this subparagraph. The rules shall provide 25 for a method or form that allows a city or county to track the 26 number of jobs created in the construction industry by the 27 project. 28 Sec. 51. Section 428.29, Code Supplement 2009, is amended 29 to read as follows: 30 428.29 Assessment and certification. 31 The director of revenue shall on or before October 31 32 each year proceed to determine, upon the basis of the data 33 required in such the report under section 428.28 and any other 34 information the director may obtain, the actual value of all 35 -24- LSB 5828HC (1) 83 lh/rj 24/ 116
H.F. _____ property, subject to the director’s jurisdiction, of said 1 individual, partnership, corporation, or association, and shall 2 make assessments upon the taxable value of the property, as 3 provided by section 441.21. The director of revenue shall, on 4 or before October 31, certify to the county auditor of every 5 county in the state the valuations fixed for assessment upon 6 all such property in each and every taxing district in each 7 county by the department of revenue. This valuation shall then 8 be spread upon the books in the same manner as other valuations 9 fixed by the department of revenue upon property assessed under 10 the department’s jurisdiction. 11 Sec. 52. Section 435.2, subsection 3, Code Supplement 2009, 12 is amended to read as follows: 13 3. If a modular home is placed in a manufactured home 14 community or mobile home park, the home is subject to the 15 annual tax as required by section 435.22 . For the purposes of 16 this chapter, a modular home shall not be construed to be a 17 mobile home or manufactured home. If a modular home is placed 18 inside or outside a manufactured home community or a mobile 19 home park, the home shall be considered real property and is 20 to be assessed and taxed as real estate. This subsection does 21 not apply to manufactured home communities or mobile home parks 22 in existence on or before January 1, 1998. If However, if a 23 modular home is placed in a manufactured home community or 24 mobile home park which was in existence on or before January 25 1, 1998, that modular home shall be subject to property tax 26 pursuant to section 435.22. This subsection shall not prohibit 27 the location of a modular home within a manufactured home 28 community or mobile home park. 29 Sec. 53. Section 437A.22, subsection 2, paragraph c, Code 30 Supplement 2009, is amended to read as follows: 31 c. The recorder shall endorse on each notice of lien the 32 day, hour, and minute when filed for recording and the document 33 reference number , shall preserve such notice, and shall 34 promptly record the lien in the manner provided for recording 35 -25- LSB 5828HC (1) 83 lh/rj 25/ 116
H.F. _____ real estate mortgages. The lien is effective from the time of 1 the indexing of the lien. 2 Sec. 54. Section 455B.103, subsection 4, unnumbered 3 paragraph 1, Code Supplement 2009, is amended to read as 4 follows: 5 Conduct investigations of complaints received directly 6 or referred by the commission created in section 455A.6 or 7 other investigations deemed necessary. While conducting an 8 investigation, the director may enter at any reasonable time 9 in and upon any private or public property to investigate any 10 actual or possible violation of this chapter, chapter 459, 11 chapter 459A, chapter 459B, or the rules or standards adopted 12 under this chapter, chapter 459, chapter 459A, or chapter 459B. 13 However, the owner or person in charge shall be notified. 14 Sec. 55. Section 455B.191, subsection 3, paragraph a, 15 subparagraphs (2) and (3), Code Supplement 2009, are amended 16 to read as follows: 17 (2) Introduces into a sewer system or into a publicly owned 18 treatment works any pollutant or hazardous substance which 19 the person knew or reasonably should have known could cause 20 personal injury or property damage or, other than in compliance 21 with all applicable federal and state requirements or permits . 22 (3) Causes a treatment works to violate any water quality 23 standard, effluent standard, pretreatment standard or 24 condition of a permit issued to the treatment works pursuant to 25 section 455B.183 , unless the person is in compliance with all 26 applicable federal and state requirements or permits . 27 Sec. 56. Section 455B.474, unnumbered paragraph 2, Code 28 Supplement 2009, is amended by striking the unnumbered 29 paragraph. 30 Sec. 57. NEW SECTION . 455B.474A Rules consistent with 31 federal regulations. 32 The rules adopted by the commission under section 33 455B.474 shall be consistent with and shall not exceed the 34 requirements of federal regulations relating to the regulation 35 -26- LSB 5828HC (1) 83 lh/rj 26/ 116
H.F. _____ of underground storage tanks except as provided in section 1 455B.474, subsection 1, paragraph “f” , and subsection 3, 2 paragraph “d” . It is the intent of the general assembly that 3 state rules adopted pursuant to section 455B.474, subsection 1, 4 paragraph “f” , and subsection 3, paragraph “d” , be consistent 5 with and not more restrictive than federal regulations adopted 6 by the United States environmental protection agency when those 7 rules are adopted. 8 Sec. 58. Section 459B.102, subsection 12, Code Supplement 9 2009, is amended to read as follows: 10 12. “Dry bedded confinement feeding operation structure” 11 means a dry bedded manure confinement feeding operation 12 building or a dry bedded manure storage structure. 13 Sec. 59. Section 459B.103, subsections 3 and 5, Code 14 Supplement 2009, are amended to read as follows: 15 3. a. For purposes of determining whether two or more 16 dry bedded confinement feeding operations are under common 17 ownership, a person must hold an interest in each of the dry 18 bedded confinement feeding operations as any of the following: 19 (1) A sole proprietor. 20 (2) A joint tenant or tenant in common. 21 (3) A holder of a majority equity interest in a business 22 association as defined in section 202B.102, including but not 23 limited to as a shareholder, partner, member, or beneficiary. 24 b. An interest in the dry bedded confinement feeding 25 operation under paragraph “a” , subparagraph (1) (2) or 26 (2) (3) which is held directly or indirectly by the person’s 27 spouse or dependent child shall be attributed to the person. 28 5. In calculating the animal unit capacity of a dry bedded 29 confinement feeding operation, the animal unit capacity 30 shall include the animal unit capacity of all dry bedded 31 manure confinement feeding operation buildings that are used to 32 house animals in the dry bedded confinement feeding operation. 33 Sec. 60. Section 459B.308, Code Supplement 2009, is amended 34 to read as follows: 35 -27- LSB 5828HC (1) 83 lh/rj 27/ 116
H.F. _____ 459B.308 Manure management plan for a dry bedded confinement 1 feeding operation. 2 For purposes of a manure management plan for a dry bedded 3 confinement feeding operation, if the application of dry bedded 4 manure is on land other than land owned or rented for crop 5 production by the owner of the dry bedded confinement feeding 6 operation, the plan shall include a copy of each written 7 agreement executed by the owner of the dry bedded confinement 8 feeding operation and the landowner or the person renting the 9 land for crop production where the dry bedded manure may be 10 applied. 11 Sec. 61. Section 508E.12, subsection 2, paragraph a, 12 subparagraphs (1) and (2), Code 2009, are amended to read as 13 follows: 14 (1) Unencumbered assets, including an interest in the life 15 insurance policy being financed only to the extent of its net 16 cash surrender value, provided by a person described in section 17 508E.2, subsection 15, paragraph “d” , subparagraph (5) . 18 (2) Fully recourse liability incurred by the insured or a 19 person described in section 508E.2, subsection 15, paragraph 20 “d” , subparagraph (5) . 21 Sec. 62. Section 805.6, Code Supplement 2009, is amended to 22 read as follows: 23 805.6 Uniform citation and complaint. 24 1. a. (1) The commissioner of public safety, the director 25 of transportation, and the director of the department of 26 natural resources, acting jointly, shall adopt a uniform, 27 combined citation and complaint which shall be used for 28 charging all traffic violations in Iowa under state law or 29 local regulation or ordinance, and which shall be used for 30 charging all other violations which are designated by sections 31 805.8A, 805.8B, and 805.8C to be scheduled violations. The 32 filing fees and court costs in cases of parking meter and 33 overtime parking violations which are denied are as stated in 34 section 602.8106, subsection 1 . The court costs in scheduled 35 -28- LSB 5828HC (1) 83 lh/rj 28/ 116
H.F. _____ violation cases where a court appearance is not required are 1 as stated in section 602.8106, subsection 1 . The court costs 2 in scheduled violation cases where a court appearance is 3 required are as stated in section 602.8106, subsection 1 . This 4 subsection does not prevent the charging of any of those 5 violations by information, by private complaint filed under 6 chapter 804, or by a simple notice of fine where permitted by 7 section 321.236, subsection 1. 8 b. In addition to those violations which are required 9 by paragraph “a” to be charged upon a uniform citation and 10 complaint, a violation of chapter 321 which is punishable as a 11 simple, serious, or aggravated misdemeanor may be charged upon 12 a uniform citation and complaint, whether or not the alleged 13 offender is arrested by the officer making the charge. 14 2. Each uniform citation and complaint shall be serially 15 numbered and shall be in quintuplicate, and the officer 16 shall deliver the original and a copy to the court where the 17 defendant is to appear, two copies to the defendant, and a copy 18 to the law enforcement agency of the officer. Notwithstanding 19 other contrary requirements of this section, a uniform citation 20 and complaint may be originated from a computerized device. 21 The officer issuing the citation through a computerized device 22 shall electronically sign and date the citation or complaint 23 and shall obtain electronically the signature of the person 24 cited as provided in section 805.3 and shall give two copies 25 of the citation to the person cited and shall provide a record 26 of the citation to the court where the person cited is to 27 appear and to the law enforcement agency of the officer by 28 an electronic process which accurately reproduces or forms 29 a durable medium for accurately and legibly reproducing an 30 unaltered image or copy of the citation. If the uniform 31 citation and complaint is created electronically, the issuing 32 agency shall cause the uniform citation and complaint to be 33 transmitted to the court, and the officer shall deliver a 34 document to the defendant which contains a section for the 35 -29- LSB 5828HC (1) 83 lh/rj 29/ 116
H.F. _____ defendant and a section which may be sent to the court. The 1 court shall forward an abstract of the uniform citation and 2 complaint in accordance with section 321.491 when applicable. 3 (2) 3. a. The uniform citation and complaint shall contain 4 spaces for the parties’ names; the address of the alleged 5 offender; the registration number of the offender’s vehicle; 6 the information required by section 805.2, a warning which 7 states, “I I hereby swear and affirm that the information 8 provided by me on this citation is true under penalty of 9 providing false information” information ; and a statement 10 that providing false information is a violation of section 11 719.3; a list of the scheduled fines prescribed by sections 12 805.8A, 805.8B, and 805.8C, either separately or by group, and 13 a statement of the court costs payable in scheduled violation 14 cases, whether or not a court appearance is required or is 15 demanded; a brief explanation of sections 805.9 and 805.10; 16 and a space where the defendant may sign an admission of the 17 violation when permitted by section 805.9; and the uniform 18 citation and complaint shall require that the defendant appear 19 before a court at a specified time and place. The uniform 20 citation and complaint also may contain a space for the 21 imprint of a credit card, and may contain any other information 22 which the commissioner of public safety, the director of 23 transportation, and the director of the department of natural 24 resources may determine. 25 (3) Notwithstanding other contrary requirements of this 26 section , a uniform citation and complaint may be originated 27 from a computerized device. The officer issuing the citation 28 through a computerized device shall electronically sign and 29 date the citation or complaint and shall obtain electronically 30 the signature of the person cited as provided in section 31 805.3 and shall give two copies of the citation to the person 32 cited and shall provide a record of the citation to the court 33 where the person cited is to appear and to the law enforcement 34 agency of the officer by an electronic process which accurately 35 -30- LSB 5828HC (1) 83 lh/rj 30/ 116
H.F. _____ reproduces or forms a durable medium for accurately and legibly 1 reproducing an unaltered image or copy of the citation. 2 b. The uniform citation and complaint shall also contain the 3 following: 4 (1) A promise to appear as provided in section 805.3. 5 (2) The following statement: 6 I hereby give my unsecured appearance bond in the amount 7 of ................ dollars and enter my written appearance. 8 I agree that if I fail to appear in person or by counsel to 9 defend against the offense charged in this citation the court 10 is authorized to enter a conviction and render judgment against 11 me for the amount of my appearance bond in satisfaction of the 12 penalty plus court costs. 13 (3) A space immediately below the items in subparagraphs 14 (1) and (2) for the signature of the person being charged which 15 shall serve for each of the items in subparagraphs (1) and (2). 16 (4) A place for citing a person in violation of section 17 453A.2, subsection 2. 18 c. The uniform citation and complaint shall contain a place 19 for the verification of the officer issuing the complaint. 20 The complaint may be verified before the chief officer of the 21 law enforcement agency, or the chief officer’s designee. The 22 chief officer of each law enforcement agency of the state may 23 designate specific individuals to administer oaths and certify 24 verifications. 25 c. 4. Unless the officer issuing the citation arrests the 26 alleged offender, or permits admission or requires submission 27 of bail as provided in section 805.9, subsection 3, the officer 28 shall enter in the blank contained in the statement required by 29 subsection 3, paragraph “b” , one of the following amounts and 30 shall require the person to sign the written appearance: 31 (1) a. If the offense is one to which an assessment of 32 a minimum fine is applicable and the entry is otherwise not 33 prohibited by this section, an amount equal to one and one-half 34 times the minimum fine plus court costs. 35 -31- LSB 5828HC (1) 83 lh/rj 31/ 116
H.F. _____ (2) b. If the offense is one to which a scheduled fine 1 is applicable, an amount equal to one and one-half times the 2 scheduled fine plus court costs. 3 (3) c. If the violation is for any offense for which a 4 court appearance is mandatory, and an assessment of a minimum 5 fine is not applicable, the amount of one hundred dollars plus 6 court costs. 7 d. 5. The written appearance defined in subsection 8 3, paragraph “b” , shall not be used for any offense other than a 9 simple misdemeanor. 10 2. In addition to those violations which are required 11 by subsection 1 to be charged upon a uniform citation and 12 complaint, a violation of chapter 321 which is punishable as a 13 simple, serious, or aggravated misdemeanor may be charged upon 14 a uniform citation and complaint, whether or not the alleged 15 offender is arrested by the officer making the charge. 16 3. The uniform citation and complaint shall contain a place 17 for citing a person in violation of section 453A.2, subsection 18 2 . 19 6. The filing fees and court costs in cases of parking 20 meter and overtime parking violations which are denied are as 21 stated in section 602.8106, subsection 1. The court costs 22 in scheduled violation cases where a court appearance is not 23 required are as stated in section 602.8106, subsection 1. 24 The court costs in scheduled violation cases where a court 25 appearance is required are as stated in section 602.8106, 26 subsection 1. 27 4. 7. Supplies of the uniform citation and complaint 28 for municipal corporations and county agencies shall be paid 29 for out of the budget of the municipal corporation or county 30 receiving the fine resulting from use of the citation and 31 complaint. Supplies of the uniform citation and complaint form 32 used by other agencies shall be paid for out of the budget of 33 the agency concerned and not out of the budget of the judicial 34 branch. 35 -32- LSB 5828HC (1) 83 lh/rj 32/ 116
H.F. _____ 5. The uniform citation and complaint shall contain a place 1 for the verification of the officer issuing the complaint. 2 The complaint may be verified before the chief officer of the 3 law enforcement agency, or the chief officer’s designee. The 4 chief officer of each law enforcement agency of the state may 5 designate specific individuals to administer oaths and certify 6 verifications. 7 6. 8. The commissioner of public safety and the director 8 of the department of natural resources, acting jointly, shall 9 design and publish a compendium of scheduled violations and 10 scheduled fines, containing other information which they deem 11 appropriate, and shall distribute copies to all courts and law 12 enforcement officers and agencies of the state upon request. 13 The cost of the publication shall be paid out of the budget 14 of the department of public safety and out of the budget of 15 the department of natural resources, each budget being liable 16 for half of those costs. Copies shall be made available to 17 individuals upon request, and a charge may be collected which 18 does not exceed the cost of printing. 19 7. Supplies of uniform citation and complaint forms 20 existing or on order on July 1, 1995, may be used until 21 exhausted. 22 Sec. 63. Section 808B.10, subsection 1, unnumbered 23 paragraph 1, Code Supplement 2009, is amended to read as 24 follows: 25 Except for emergency situations pursuant to section 808B.12, 26 a person shall not install or use a pen register or a trap 27 and trace device without first obtaining a search warrant or 28 court order pursuant to either section 808B.11 or 808B.12 . 29 However, a pen register or a trap and trace device may be used 30 or installed without court order if any of the following apply: 31 Sec. 64. Section 811.9, Code Supplement 2009, is amended to 32 read as follows: 33 811.9 Forfeiture of appearance bond. 34 Sections 811.6 through 811.8 shall not apply in a case where 35 -33- LSB 5828HC (1) 83 lh/rj 33/ 116
H.F. _____ a simple misdemeanor is charged upon a uniform citation and 1 complaint and where the defendant has submitted an unsecured 2 appearance bond or has submitted bail in the form of cash, 3 check, credit card as provided in section 805.14, or guaranteed 4 arrest bond certificate as defined in section 321.1. When a 5 defendant fails to appear as required in such cases, the court, 6 or the clerk of the district court, shall enter a judgment of 7 forfeiture of the bond or bail. The judgment shall be final 8 upon entry and shall not be set aside unless a the conviction 9 is for a scheduled violation under chapter 321 that was set 10 aside under the procedures established in section 321.200A. 11 Sec. 65. 2009 Iowa Acts, chapter 133, is amended by adding 12 the following new section: 13 SEC. 1000. Section 231.32, subsection 1, Code 2009, is 14 amended to read as follows: 15 1. The commission shall designate thirteen area agencies 16 on aging, the same of which existed on July 1, 1985. The 17 commission shall continue the designation until an area agency 18 on aging’s designation is removed for cause as determined 19 by the commission or until the agency voluntarily withdraws 20 as an area agency on aging. In that event, the commission 21 shall proceed in accordance with subsections 2 , and 3 , and 22 4 . Designated area agencies on aging shall comply with the 23 requirements of the federal Act. 24 Sec. 66. REPEAL. Section 294A.22, Code Supplement 2009, is 25 repealed. 26 DIVISION II 27 VOLUME III RENUMBERING 28 Sec. 67. Section 256.36, Code 2009, is amended to read as 29 follows: 30 256.36 Math and science grant program. 31 1. a. The department shall establish a math and science 32 education grant program to provide for the allocation of grant 33 moneys to public school corporations and to contract for the 34 development of statewide program models and recommendations in 35 -34- LSB 5828HC (1) 83 lh/rj 34/ 116
H.F. _____ keeping with the goals stated in this section. 1 (1) A public school corporation desiring to receive grant 2 moneys under the program may submit plans and a proposed budget 3 to the department for approval. The department shall review 4 each plan and its proposed budget and award grants, which may 5 be matching funds grants, for approved plans by July 1 of the 6 calendar year in which the approved plans were submitted. 7 Provision of matching funds from institutional private sources 8 shall be considered by the department in reviewing plans and 9 proposed budgets and awarding grant moneys. 10 (2) However, for the first school year for which program 11 funds are appropriated, a board of directors of a public school 12 corporation may submit a proposed plan and budget not later 13 than January 1 of that school year and the department shall 14 notify public school corporations by February 15 of that same 15 school year that their plans have been approved or disapproved 16 by the department. 17 b. In addition to awarding grants, and if the activity 18 does not violate federal matching funds requirements for an 19 Iowa math and science grant program, the department may expend 20 funds to contract with a public or private nonprofit education 21 organization, association, or laboratory for the development 22 of models or recommendations with statewide applications to 23 further the goals of this section. 24 2. The department shall make recommendations for, and the 25 state board shall adopt, rules relating to program goals and 26 program administration. 27 a. The goals of the math and science education program may 28 include , but are not limited to , the following: 29 (1) The development of a model multidisciplinary science 30 curricula that will serve as the framework for the development 31 of individual teaching modules ; the . 32 (2) The design and implementation of a statewide model for 33 staff development in science and math education ; the . 34 (3) The development of specific recommendations and 35 -35- LSB 5828HC (1) 83 lh/rj 35/ 116
H.F. _____ rationale for changes in school standards that will facilitate 1 improvements in math and science education and provide outcomes 2 that serve as a standard of successful learning ; . 3 (4) The provision of a sequence of competencies and 4 instructional strategies for inclusion in teacher preparation 5 programs for those entering math and science programs in Iowa 6 teacher preparation institutions ; . 7 (5) The development and implementation of a new statewide 8 assessment program that is consistent with the materials and 9 approaches envisioned ; and the . 10 (6) The development and implementation strategies for 11 recruitment and retention of females and minorities in math and 12 science education. 13 b. Program administration rules shall include but are not 14 limited to development of standard formats and procedures for 15 the submission and assessment of grant applications. 16 3. The board of educational examiners may develop 17 recommendations for specific changes in the licensing 18 requirements for math and science teachers. 19 Program administration rules shall include, but are not 20 limited to, development of standard formats and procedures for 21 the submission and assessment of grant applications. 22 3. 4. There is established in the state treasury a math 23 and science education account that is under the control 24 of and administered by the department of education. The 25 department may accept gifts, grants, bequests, and other 26 private contributions, as well as state or federal funds, 27 and shall deposit the moneys in the account to be used for 28 distribution as grant award moneys under the math and science 29 education program. Moneys in the account are appropriated and 30 may be used for the purposes of this section. The department 31 shall not commingle federal, state, and private funds within 32 the account. Not more than six percent of any state funds 33 appropriated for the program may be used for administrative 34 purposes. State funds appropriated and any interest earned on 35 -36- LSB 5828HC (1) 83 lh/rj 36/ 116
H.F. _____ the state funds but not expended for the first two years of 1 the program shall not revert to the general fund under section 2 8.33, but shall remain available for expenditure until June 3 30 of the third year of the program. In subsequent years, 4 state funds and any interest earned on the state funds which 5 are appropriated, but not expended by June 30 of the school 6 year shall revert to the general fund as provided under section 7 8.33. Receipt of funds during the first year of the program 8 shall not affect eligibility to receive funds during any 9 subsequent years. 10 Sec. 68. Section 256.81, subsection 1, Code 2009, is amended 11 to read as follows: 12 1. The public broadcasting division of the department of 13 education is created. The chief administrative officer of the 14 division is the administrator who shall be appointed by and 15 serve at the pleasure of the Iowa public broadcasting board. 16 The board shall set the division administrator’s salary within 17 the applicable salary range established by the general assembly 18 unless otherwise provided by law. Educational programming 19 shall be the highest priority of the division. The division 20 shall be governed by the national principles of editorial 21 integrity developed by the editorial integrity project. The 22 director of the department of education and the state board of 23 education are not liable for the activities of the division of 24 public broadcasting. 25 Sec. 69. Section 256.82, subsections 2 and 3, Code 2009, are 26 amended to read as follows: 27 2. a. Board members shall serve a three-year term 28 commencing on July 1 of the year of appointment. A vacancy 29 shall be filled in the same manner as the original appointment 30 for the remainder of the term. 31 b. Membership on the board does not constitute holding a 32 public office and members shall not be required to take and 33 file oaths of office before serving. A member shall not be 34 disqualified from holding any public office or employment by 35 -37- LSB 5828HC (1) 83 lh/rj 37/ 116
H.F. _____ reason of appointment to the board nor shall a member forfeit 1 an office or employment by reason of appointment to the board. 2 3. a. The board shall appoint an advisory committee on 3 journalistic and editorial integrity which has no more than a 4 simple majority of members of the same gender. The division 5 shall be governed by the national principles of editorial 6 integrity developed by the editorial integrity project. 7 b. Duties of the advisory committee, and of additional 8 advisory committees the board may from time to time appoint, 9 shall be specified in rules of internal management adopted by 10 the board. 11 c. Members of advisory committees shall receive actual 12 expenses incurred in performing their official duties. 13 Sec. 70. Section 256A.3, subsections 5 and 6, Code 2009, are 14 amended to read as follows: 15 5. Subject to the availability of funds appropriated 16 or otherwise available for the purpose of providing child 17 development services, award grants for programs that provide 18 new or additional child development services to at-risk 19 children. 20 a. In awarding program grants to an agency or individual, 21 the council shall consider the following: 22 a. (1) The quality of the staff and staff background in 23 child development services. 24 b. (2) The degree to which the program is or will be 25 integrated with existing community resources and has the 26 support of the local community. 27 c. (3) The ability of the program to provide for child care 28 in addition to child development services for families needing 29 full-day child care. 30 d. (4) A staff-to-children ratio within the guidelines 31 established under subsection 2, but not less than one staff 32 member per eight children. 33 e. (5) The degree to which the program involves and works 34 with the parents, and includes home visits, instruction for 35 -38- LSB 5828HC (1) 83 lh/rj 38/ 116
H.F. _____ parents on parenting skills, on enhancement of skills in 1 providing for their children’s learning and development, and 2 the physical, mental, and emotional development of children, 3 and experiential education. 4 f. (6) The manner in which health, medical, dental, and 5 nutrition services are incorporated into the program. 6 g. (7) The degree to which the program 7 complements existing programs and services for at-risk 8 three-year- three-year-old and four-year-old children available 9 in the area, including other child care services, services 10 provided through the school district, and services available 11 through area education agencies. 12 h. (8) The degree to which the program can be monitored and 13 evaluated to determine its ability to meet its goals. 14 i. (9) The provision of transportation or other auxiliary 15 services that may be necessary for families to participate in 16 the program. 17 j. (10) The provision of staff training and development, 18 and staff compensation sufficient to assure continuity. 19 b. Program grants funded under this subsection may integrate 20 children not meeting at-risk criteria into the program and 21 shall establish a fee for participation in the program in the 22 manner provided in section 279.49, but grant funds shall not be 23 used to pay the costs for those children. 24 6. Encourage the submission of grant requests from all 25 potential providers of child development services and shall 26 be flexible in evaluating grants, recognizing that different 27 types of programs may be suitable for different locations in 28 the state. 29 a. However, requests Requests for grants must contain a 30 procedure for evaluating the effectiveness of the program and 31 accounting procedures for monitoring the expenditure of grant 32 moneys. 33 b. The council shall seek to use performance-based measures 34 to evaluate programs. Not more than five percent of any state 35 -39- LSB 5828HC (1) 83 lh/rj 39/ 116
H.F. _____ funds appropriated for child development purposes may be used 1 for administration and evaluation. 2 Sec. 71. Section 257.44, Code 2009, is amended to read as 3 follows: 4 257.44 Gifted and talented children defined. 5 1. “Gifted and talented children” are those children who 6 are identified as possessing outstanding abilities and who are 7 capable of high performance. Gifted and talented children are 8 children who require appropriate instruction and educational 9 services commensurate with their abilities and needs beyond 10 those provided by the regular school program. 11 2. Gifted and talented children include those children with 12 demonstrated achievement or potential ability, or both, in any 13 of the following areas or in combination: 14 1. a. General intellectual ability. 15 2. b. Creative thinking. 16 3. c. Leadership ability. 17 4. d. Visual and performing arts ability. 18 5. e. Specific ability aptitude. 19 Sec. 72. Section 263A.13, Code 2009, is amended to read as 20 follows: 21 263A.13 Hospital reports to general assembly. 22 1. The university of Iowa hospitals and clinics shall 23 compile and transmit to the general assembly the following 24 information by December 15 of each fiscal year: 25 1. a. Revenue from all income sources, by source, including 26 but not limited to state appropriations, other state funds, 27 tuition income, patient charges, payments from political 28 subdivisions, interest income, and gifts, and grants from 29 public and private sources. 30 2. b. Expenditures by program and revenue source. 31 3. c. Net revenue over spending from hospital operations, 32 including the method used to calculate the results. 33 2. The legislative services agency shall develop 34 forms for collecting the information required in this 35 -40- LSB 5828HC (1) 83 lh/rj 40/ 116
H.F. _____ subparagraph section . 1 Sec. 73. Section 272C.8, Code 2009, is amended to read as 2 follows: 3 272C.8 Immunities. 4 1. a. A person shall not be civilly liable as a result of 5 the person’s acts, omissions , or decisions in good faith as 6 a member of a licensing board or as an employee or agent in 7 connection with the person’s duties. 8 2. b. A person shall not be civilly liable as a result of 9 filing a report or complaint with a licensing board or peer 10 review committee, or for the disclosure to a licensing board or 11 its agents or employees, whether or not pursuant to a subpoena 12 of records, documents, testimony , or other forms of information 13 which constitute privileged matter concerning a recipient 14 of health care services or some other person, in connection 15 with proceedings of a peer review committee, or in connection 16 with duties of a health care board. However, such immunity 17 from civil liability shall not apply if such act is done with 18 malice. 19 3. c. A person shall not be dismissed from employment, 20 and shall not be discriminated against by an employer because 21 the person filed a complaint with a licensing board or peer 22 review committee, or because the person participated as a 23 member, agent , or employee of a licensing board or peer review 24 committee, or presented testimony or other evidence to a 25 licensing board or peer review committee. 26 2. Any employer who violates the terms of this section 27 shall be liable to any person aggrieved for actual and punitive 28 damages plus reasonable attorney fees. 29 Sec. 74. Section 275.1, Code 2009, is amended to read as 30 follows: 31 275.1 Declaration Definitions —— declaration of policy —— 32 surveys —— definitions . 33 1. As used in this chapter, unless the context otherwise 34 requires: 35 -41- LSB 5828HC (1) 83 lh/rj 41/ 116
H.F. _____ a. “Eligible elector” means eligible elector as defined in 1 section 39.3, subsection 6. 2 b. “Initial board” means the board of a newly reorganized 3 district that is selected pursuant to section 275.25 or 275.41 4 and functions until the organizational meeting following the 5 third regular school election held after the effective date of 6 the reorganization. 7 c. “Marginally adjacent district” or “marginally adjacent 8 territory” means a district or territory which is separated from 9 a second district or territory by property which is part of a 10 third school district which completely surrounds one of the two 11 districts. 12 d. “Joint districts” means districts that lie in two or more 13 adjacent area education agencies. 14 e. “Registered voter” means registered voter as defined in 15 section 39.3, subsection 11. 16 f. “Regular board” means the board of a reorganized district 17 that begins to function at the organizational meeting following 18 the third regular school election held after the effective date 19 of the school reorganization, and is comprised of members who 20 were elected to the current terms or were appointed to replace 21 members who were elected. 22 g. “School districts affected” means the school districts 23 named in the reorganization petition whether a school district 24 is affected in whole or in part. 25 2. It is the policy of the state to encourage economical 26 and efficient school districts which will ensure an equal 27 educational opportunity to all children of the state. All 28 areas of the state shall be in school districts maintaining 29 kindergarten and twelve grades. If a school district ceases 30 to maintain kindergarten and twelve grades except as otherwise 31 provided in section 28E.9, 256.13, 280.15, 282.7, subsection 1 32 or subsections 1 and 3, or section 282.8, it shall reorganize 33 within six months or the state board shall attach the school 34 district not maintaining kindergarten and twelve grades to one 35 -42- LSB 5828HC (1) 83 lh/rj 42/ 116
H.F. _____ or more adjacent districts. Voluntary reorganizations under 1 this chapter shall be commenced only if the affected school 2 districts are contiguous or marginally adjacent to one another. 3 A reorganized district shall meet the requirements of section 4 275.3. 5 3. If a district is attached, division of assets and 6 liabilities shall be made as provided in sections 275.29 7 to 275.31. The area education agency boards shall develop 8 detailed studies and surveys of the school districts within 9 the area education agency and all adjacent territory for the 10 purpose of providing for reorganization of school districts in 11 order to effect more economical operation and the attainment 12 of higher standards of education in the schools. The plans 13 shall be revised periodically to reflect reorganizations which 14 may have taken place in the area education agency and adjacent 15 territory. 16 As used in this chapter unless the context otherwise 17 requires: 18 1. “Eligible elector” means eligible elector as defined in 19 section 39.3, subsection 6 . 20 2. “Initial board” means the board of a newly reorganized 21 district that is selected pursuant to section 275.25 or 22 275.41 and functions until the organizational meeting following 23 the third regular school election held after the effective date 24 of the reorganization. 25 3. “Marginally adjacent district” or “marginally adjacent 26 territory” means a district or territory which is separated from 27 a second district or territory by property which is part of a 28 third school district which completely surrounds one of the two 29 districts. 30 4. “Registered voter” means registered voter as defined in 31 section 39.3, subsection 11 . 32 5. “Regular board” means the board of a reorganized district 33 that begins to function at the organizational meeting following 34 the third regular school election held after the effective date 35 -43- LSB 5828HC (1) 83 lh/rj 43/ 116
H.F. _____ of the school reorganization, and is comprised of members who 1 were elected to the current terms or were appointed to replace 2 members who were elected. 3 6. “School districts affected” means the school districts 4 named in the reorganization petition whether a school district 5 is affected in whole or in part. 6 Sec. 75. Section 275.8, Code 2009, is amended to read as 7 follows: 8 275.8 Cooperation of department of education —— planning 9 joint districts. 10 1. For purposes of this chapter the planning of joint 11 districts is defined to include all of the following acts: 12 a. Preparation of a written joint plan in which contiguous 13 territory in two or more area education agencies is considered 14 as a part of a potential school district in the area education 15 agency on behalf of which such plan is filed with the 16 department of education by the area education agency board. 17 b. Adoption of the written joint plan at a joint session 18 of the several area education agency boards in whose areas 19 the territory is situated. A quorum of each of the boards is 20 necessary to transact business. Votes shall be taken in the 21 manner prescribed in section 275.16. 22 c. Filing said plan with the department of education. 23 2. For purposes of subsection 1, paragraph “a” , joint 24 planning shall be evidenced by filing the following items with 25 the department of education: 26 a. A plat of the entire area of such potential district. 27 b. A statement of the number of pupils residing within the 28 area of said potential district enrolled in public schools in 29 the preceding school year. 30 c. A statement of the assessed valuation of taxable property 31 located within such potential district. 32 d. An affidavit signed on behalf of each of said boards of 33 directors of area education agencies by a member of such board 34 stating the boundaries as shown on such plat have been agreed 35 -44- LSB 5828HC (1) 83 lh/rj 44/ 116
H.F. _____ upon by the respective boards as a part of the overall plan of 1 school district reorganization of each such school. 2 3. Planning of joint districts shall be conducted in 3 the same manner as planning for single districts, except as 4 provided in this section. Studies and surveys relating to 5 the planning of joint districts shall be filed with the area 6 education agency in which one of the districts is located 7 which has the greatest taxable property base. In the case 8 of controversy over the planning of joint districts, the 9 matter shall be submitted to the director of the department of 10 education. Judicial review of the director’s decision may be 11 sought in accordance with the terms of the Iowa administrative 12 procedure Act, chapter 17A. Notwithstanding the terms of 13 that Act, petitions for judicial review must be filed within 14 thirty days after the decision of the director. “Joint 15 districts” means districts that lie in two or more adjacent area 16 education agencies. 17 For purposes of this chapter the planning of joint districts 18 is defined to include all of the following acts: 19 1. Preparation of a written joint plan in which contiguous 20 territory in two or more area education agencies is considered 21 as a part of a potential school district in the area education 22 agency on behalf of which such plan is filed with the 23 department of education by the area education agency board. 24 2. Adoption of the written joint plan at a joint session 25 of the several area education agency boards in whose areas 26 the territory is situated. A quorum of each of the boards is 27 necessary to transact business. Votes shall be taken in the 28 manner prescribed in section 275.16 . 29 3. Filing said plan with the department of education. 30 For purposes of subsection 1 hereof, joint planning shall be 31 evidenced by filing the following items with the department of 32 education: 33 a. A plat of the entire area of such potential district. 34 b. A statement of the number of pupils residing within the 35 -45- LSB 5828HC (1) 83 lh/rj 45/ 116
H.F. _____ area of said potential district enrolled in public schools in 1 the preceding school year. 2 c. A statement of the assessed valuation of taxable property 3 located within such potential district. 4 d. An affidavit signed on behalf of each of said boards of 5 directors of area education agencies by a member of such board 6 stating the boundaries as shown on such plat have been agreed 7 upon by the respective boards as a part of the overall plan of 8 school district reorganization of each such school. 9 Sec. 76. Section 276.3, subsection 3, Code 2009, is amended 10 to read as follows: 11 3. “Community education” means a life-long lifelong 12 education process concerning itself with every facet that 13 affects the well-being of all citizens within a given 14 community . It extends and serves all of the following 15 purposes: 16 a. To extend the role of the school from one of teaching 17 children through an elementary and secondary program to one 18 of providing for citizen participation in identifying the 19 wants, needs, and concerns of the neighborhood community and 20 coordinating all educational, recreational, and cultural 21 opportunities within the community with community education 22 being the catalyst for providing for citizen participation in 23 the development and implementation of programs toward the goal 24 of improving the entire community. 25 b. Community education energizes To energize people 26 to strive for the achievement of determined goals and 27 stimulates stimulate capable persons to assume leadership 28 responsibilities. It welcomes 29 c. To welcome and works work with all groups , it draws 30 no without drawing any lines. It is 31 d. To serve as the one institution in the entire community 32 that has the opportunity to reach all people and groups and to 33 gain their cooperation. 34 Sec. 77. Section 279.19A, subsections 2, 5, and 8, Code 35 -46- LSB 5828HC (1) 83 lh/rj 46/ 116
H.F. _____ 2009, are amended to read as follows: 1 2. a. An extracurricular contract shall be continued 2 automatically in force and effect for equivalent periods, 3 except as modified or terminated by mutual agreement of 4 the board of directors and the employee, or terminated in 5 accordance with this section. An extracurricular contract 6 shall initially be offered by the employing board to an 7 individual on the same date that contracts are offered to 8 teachers under section 279.13. An extracurricular contract 9 may be terminated at the end of a school year pursuant to 10 sections 279.15 through 279.19. If the school district offers 11 an extracurricular contract for a sport for the subsequent 12 school year to an employee who is currently performing 13 under an extracurricular contract for that sport, and the 14 employee does not wish to accept the extracurricular contract 15 for the subsequent year, the employee may resign from the 16 extracurricular contract within twenty-one days after it has 17 been received. 18 b. Section 279.13, subsection 3, applies to this section. 19 5. a. Within seven days following June 1 of that year, 20 the board shall notify the employee in writing if the board 21 intends to require the employee to accept an extracurricular 22 contract for the subsequent school year under subsection 3 or 23 4. If the employee believes that the board did not make a 24 good faith effort to fill the position the employee may appeal 25 the decision by notifying the board in writing within ten days 26 after receiving the notification. 27 b. The appeal shall state why the employee believes that the 28 board did not make a good faith effort to fill the position. 29 If the parties are unable to informally resolve the dispute, 30 the parties shall attempt to agree upon an alternative means of 31 resolving the dispute. 32 c. If the dispute is not resolved by mutual agreement, 33 either party may appeal to the district court. 34 8. a. A termination proceeding of an extracurricular 35 -47- LSB 5828HC (1) 83 lh/rj 47/ 116
H.F. _____ contract either by the board pursuant to subsection 2 or 1 pursuant to section 279.27 does not affect a contract issued 2 pursuant to section 279.13. 3 b. A termination of a contract entered into pursuant to 4 section 279.13, or a resignation from that contract by the 5 teacher, constitutes an automatic termination or resignation of 6 the extracurricular contract in effect between the same teacher 7 and the employing school board. 8 Sec. 78. Section 280.20, Code 2009, is amended to read as 9 follows: 10 280.20 Vocational agriculture education. 11 1. It is the intent of the general assembly to encourage 12 the public secondary schools to develop comprehensive programs 13 for vocational education in agriculture technology to meet the 14 diverse needs of Iowa’s students and to ensure an adequate 15 supply of trained and skilled individuals in all phases of the 16 agriculture industry. The board of directors of each public 17 school district may develop, as part of the curriculum in 18 grades nine through twelve, programs for vocational education 19 in agriculture technology. 20 2. a. It is also the intent of the general assembly 21 to encourage the development of programs for vocational 22 education in agriculture technology which are structured on a 23 twelve-month basis and which include the following: 24 1. (1) Provision for twelve-month extended contracts to 25 permit entrepreneurial agricultural experience, summer program 26 planning, and recordkeeping. 27 Supervision and accountability of vocational agriculture 28 teachers employed for extended contracts are the responsibility 29 of the local school board. 30 2. (2) Submission of an annual summer program by each 31 vocational agriculture instructor, employed on an extended 32 contract basis. 33 3. (3) The following reports shall be made available to the 34 council for agricultural education upon request: 35 -48- LSB 5828HC (1) 83 lh/rj 48/ 116
H.F. _____ a. (a) A summary of summer activities completed for each 1 vocational agriculture instructor employed on an extended 2 contract. 3 b. (b) A summary of supervised agricultural experience 4 programs conducted during the year in vocational agriculture. 5 4. (4) Provision for instructional supervision for 6 agricultural occupational experience programs. 7 b. Supervision and accountability of vocational agriculture 8 teachers employed for extended contracts are the responsibility 9 of the local school board. 10 Sec. 79. Section 282.6, Code 2009, is amended to read as 11 follows: 12 282.6 Tuition. 13 1. For purposes of this section, “resident” means a person 14 who is physically present in a district, whose residence has 15 not been established in another district by operation of law, 16 and who meets any of the following conditions: 17 a. Is in the district for the purpose of making a home and 18 not solely for school purposes. 19 b. Meets the definitional requirements of the term “homeless 20 individual” under 42 U.S.C. § 11302(a) and (c). 21 c. Lives in a residential correctional facility in the 22 district. 23 2. Every school shall be free of tuition to all actual 24 residents between the ages of five and twenty-one years and to 25 resident veterans as defined in section 35.1, as many months 26 after becoming twenty-one years of age as they have spent 27 in the armed forces of the United States before they became 28 twenty-one, provided, however, fees may be charged covering 29 instructional costs for <