House File 502 - Introduced HOUSE FILE 502 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO HSB 185) 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 retroactive applicability 6 provisions. 7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 8 TLSB 2378HV (1) 84 lh/rj

H.F. 502 DIVISION I 1 STATUTORY CORRECTIONS 2 Section 1. Section 8.9, subsection 1, Code 2011, is amended 3 to read as follows: 4 1. The office of grants enterprise management is 5 established in the department of management. The function of 6 the office is to develop and administer a system to track, 7 identify, advocate for, and coordinate nonstate grants as 8 defined in section 8.2 , subsections 1 and 3 . Staffing for 9 the office of grants enterprise management shall be provided 10 by a facilitator appointed by the director of the department 11 of management. Additional staff may be hired, subject to the 12 availability of funding. Funding for the office is from the 13 appropriation to the department pursuant to section 8A.505, 14 subsection 2 . 15 Sec. 2. Section 8A.207, subsection 5, paragraph c, Code 16 2011, is amended to read as follows: 17 c. Contracts let by another governmental entity. The 18 department, on its own behalf or on the behalf of another 19 participating agency or governmental entity, may procure 20 information technology under an existing competitively procured 21 contract let by another governmental entity, or may approve 22 such procurement in the same manner by a participating agency 23 or governmental entity. The department, on its own behalf or 24 on the behalf of another participating agency or governmental 25 entity, may also procure information technology by leveraging 26 an existing competitively procured contract, or other than 27 a contract associated with the state board of regents or an 28 institution under the control of the state board of regents. 29 Sec. 3. Section 15.104, subsection 6, Code 2011, is amended 30 to read as follows: 31 6. Review grants or contracts awarded by the department, 32 with respect to the department’s adherence to the guidelines 33 and procedures and the impact on the three-year strategic plan 34 for economic growth . 35 -1- LSB 2378HV (1) 84 lh/rj 1/ 95

H.F. 502 Sec. 4. Section 15.117A, subsection 2, paragraph a, 1 subparagraph (5), Code 2011, is amended to read as follows: 2 (5) The person designated appointed as the chief 3 information officer pursuant to section 8A.104, subsection 12 4 8A.201A , or, if no person has been so designated appointed , the 5 director of the department of administrative services, or the 6 director’s designee. 7 Sec. 5. Section 15.119, subsection 2, paragraph e, Code 8 2011, is amended to read as follows: 9 e. The assistive device tax credit program administered 10 pursuant to section 422.11E and section 422.33, subsection 9 . 11 Sec. 6. Section 15.333, subsection 1, paragraph b, Code 12 2011, is amended by striking the paragraph. 13 Sec. 7. Section 16.131A, unnumbered paragraph 1, Code 2011, 14 is amended to read as follows: 15 As used in section 16.131 , this section , and sections 16.132 16 through 16.134 16.135 , unless the context otherwise requires: 17 Sec. 8. Section 16.135, subsection 2, paragraph b, Code 18 2011, is amended to read as follows: 19 b. The financial ability of the users to support the 20 existing wastewater treatment system, improvements to the 21 wastewater treatment system, and the long-term maintenance of 22 the wastewater treatment system. 23 Sec. 9. Section 16.192, subsections 4 and 5, Code 2011, are 24 amended to read as follows: 25 4. Award financial assistance, including financial 26 assistance in the form of grants under the Iowa jobs program 27 and Iowa jobs II program pursuant to sections 16.194 , 16.194A , 28 and 16.195 . 29 5. Enter into and enforce grant agreements as necessary or 30 convenient to implement the Iowa jobs program and Iowa jobs II 31 program . 32 Sec. 10. Section 16.193, subsections 1 and 2, Code 2011, are 33 amended to read as follows: 34 1. The Iowa finance authority, subject to approval by the 35 -2- LSB 2378HV (1) 84 lh/rj 2/ 95

H.F. 502 Iowa jobs board, shall adopt administrative rules pursuant 1 to chapter 17A necessary to administer the Iowa jobs program 2 and Iowa jobs II program . The authority shall provide the 3 board with assistance in implementing administrative functions, 4 providing technical assistance and application assistance to 5 applicants under the programs, negotiating contracts, and 6 providing project follow up. The authority, in cooperation 7 with the board, may conduct negotiations on behalf of the board 8 with applicants regarding terms and conditions applicable to 9 awards under the program. 10 2. During the term of the Iowa jobs program established 11 in section 16.194 and the Iowa jobs II program established in 12 section 16.194A , two hundred thousand dollars of the moneys 13 deposited in the rebuild Iowa infrastructure fund shall be 14 allocated each fiscal year to the Iowa finance authority for 15 purposes of administering the Iowa jobs program and Iowa 16 jobs II program , notwithstanding section 8.57, subsection 6 , 17 paragraph “c” . 18 Sec. 11. Section 16.193, subsection 3, paragraph a, Code 19 2011, is amended to read as follows: 20 a. During the term of the Iowa jobs program and Iowa jobs 21 II program , the Iowa finance authority shall collect data on 22 all of the projects approved for the program. The department 23 of management and the state agencies associated with the 24 projects shall assist the authority with the data collection 25 and in developing the report required by this subsection . 26 The authority shall report quarterly to the governor and the 27 general assembly concerning the data. 28 Sec. 12. Section 16.195, subsection 1, Code 2011, is amended 29 to read as follows: 30 1. Applications for assistance under the Iowa jobs program 31 and Iowa jobs II program shall be submitted to the Iowa finance 32 authority. The authority shall provide a staff review and 33 evaluation of applications to the Iowa jobs program review 34 committee referred to in subsection 2 and to the Iowa jobs 35 -3- LSB 2378HV (1) 84 lh/rj 3/ 95

H.F. 502 board. 1 Sec. 13. Section 28H.1, unnumbered paragraph 1, Code 2011, 2 is amended to read as follows: 3 For purposes of this chapter , a council of governments 4 includes the following areas established by executive order 5 number 11, 1969 1968 or a chapter 28E agreement: 6 Sec. 14. Section 29A.43, subsection 1, Code 2011, is amended 7 to read as follows: 8 1. A person shall not discriminate against any officer or 9 enlisted person of the national guard or organized reserves 10 of the armed forces of the United States or any member of the 11 civil air patrol because of that membership. An employer, 12 or agent of an employer, shall not discharge a person from 13 employment because of being an officer or enlisted person of 14 the military forces of the state or member of the civil air 15 patrol, or hinder or prevent the officer or enlisted person or 16 member of the civil air patrol from performing any military 17 service or civil air patrol duty the person is called upon 18 to perform by proper authority. A member of the national 19 guard or organized reserves of the armed forces of the United 20 States ordered to temporary duty or service , as defined in 21 section 29A.1, subsection 3 , 11, or 12, or a member of the 22 civil air patrol performing duty pursuant to section 29A.3A , 23 for any purpose is entitled to a leave of absence during 24 the period of the duty or service, from the member’s private 25 employment unless the employment is of a temporary nature. 26 Upon completion of the duty or service, the employer shall 27 restore the person to the position held prior to the leave of 28 absence or employ the person in a position of like seniority, 29 status, and pay. However, the person shall give evidence to 30 the employer of satisfactory completion of the duty or service, 31 and that the person is still qualified to perform the duties of 32 the position. The period of absence shall be construed as an 33 absence with leave, and shall in no way affect the employee’s 34 rights to vacation, sick leave, bonus, or other employment 35 -4- LSB 2378HV (1) 84 lh/rj 4/ 95

H.F. 502 benefits relating to the employee’s particular employment. 1 Sec. 15. Section 50.39, Code 2011, is amended to read as 2 follows: 3 50.39 Abstract. 4 It The state board of canvassers shall make an abstract 5 stating the number of ballots cast for each office, the names 6 of all the persons voted for, for what office, the number of 7 votes each received, and whom it the state board of canvassers 8 declares to be elected, and if a public question has been 9 submitted to the voters of the state, the number of ballots 10 cast for and against the question and a declaration of the 11 result as determined by the canvassers; which abstract shall 12 be signed by the canvassers in their official capacity and as 13 state canvassers, and have the seal of the state affixed. 14 Sec. 16. Section 52.2, Code 2011, is amended to read as 15 follows: 16 52.2 Purchase Optical scan voting system required . 17 1. Except as otherwise provided in subsection 2 , the board 18 of supervisors of a county may, by a majority vote, authorize, 19 purchase, and order the use of voting machines or an optical 20 scan voting system in any one or more voting precincts within 21 the county until otherwise ordered by the board of supervisors. 22 Voting machines and an optical scan voting system may be used 23 concurrently at the same precinct. 24 2. Notwithstanding any provision to the contrary, for 25 elections held on or after November 4, 2008, a county shall use 26 an optical scan voting system only. The requirements of the 27 federal Help America Vote Act relating to disabled voters shall 28 be met by a county through the use of electronic ballot marking 29 devices that are compatible with an optical scan voting system. 30 Sec. 17. Section 68A.401, subsection 4, Code 2011, is 31 amended to read as follows: 32 4. Political committees expressly advocating the 33 nomination, election, or defeat of candidates for both 34 federal office and any elected office created by law or the 35 -5- LSB 2378HV (1) 84 lh/rj 5/ 95

H.F. 502 Constitution of the State of Iowa shall file statements and 1 reports with the board in addition to any federal reports 2 required to be filed with the board. However, a political 3 committee that is registered and filing full disclosure 4 reports of all financial activities with the federal election 5 commission may file verified statements as provided in section 6 68A.201 68B.201A . 7 Sec. 18. Section 88.5, subsection 11, Code 2011, is amended 8 to read as follows: 9 11. Railway sanitation and shelter. A railway corporation 10 within the state shall provide adequate sanitation and shelter 11 for all railway employees. The commissioner shall adopt rules 12 requiring railway corporations within the state to provide a 13 safe and healthy workplace. The commissioner shall enforce the 14 requirements of this section subsection upon the receipt of a 15 written complaint. 16 Sec. 19. Section 89.3, subsection 5, paragraph a, 17 unnumbered paragraph 1, Code 2011, is amended to read as 18 follows: 19 An object that meets all of the following criteria shall 20 be inspected at least once each year externally while under 21 pressure and at least once every four years internally while 22 not under pressure, unless the commissioner determines an 23 earlier inspection is warranted . : 24 Sec. 20. Section 89.5, subsection 3, unnumbered paragraph 25 1, Code 2011, is amended to read as follows: 26 A rule adopted pursuant to this chapter which adopts 27 standards by reference to another publication shall be exempt 28 from the requirements of section 2B.5A 17A.6 , subsection 4 2 , 29 if the following conditions exist: 30 Sec. 21. Section 89A.3, subsection 5, unnumbered paragraph 31 1, Code 2011, is amended to read as follows: 32 A rule adopted pursuant to this section which adopts 33 standards by reference to another publication shall be exempt 34 from the requirements of section 2B.5A 17A.6 , subsection 4 2 , 35 -6- LSB 2378HV (1) 84 lh/rj 6/ 95

H.F. 502 if the following conditions exist: 1 Sec. 22. Section 90A.11, subsection 3, paragraph e, Code 2 2011, is amended to read as follows: 3 e. Civil penalties recovered pursuant to this section 4 subsection shall be remitted by the commissioner to the 5 treasurer of state for deposit in the general fund of the 6 state. 7 Sec. 23. Section 91.4, Code 2011, is amended to read as 8 follows: 9 91.4 Duties and powers. 10 1. The duties of said commissioner shall be: 11 1. a. To safely keep all records, papers, documents, 12 correspondence, and other property pertaining to or coming into 13 the commissioner’s hands by virtue of the office, and deliver 14 the same to the commissioner’s successor, except as otherwise 15 provided. 16 2. b. To collect, assort, and systematize statistical 17 details relating to programs of the division of labor services. 18 3. c. To issue from time to time bulletins containing 19 information of importance to the industries of the state and 20 to the safety of wage earners. 21 4. d. To conduct and to cooperate with other interested 22 persons and organizations in conducting educational programs 23 and projects on employment safety. 24 e. To serve as an ex officio member of the state fire 25 service and emergency response council, or appoint a designee 26 to serve as an ex officio member of such council, to assist 27 the council in the development of rules relating to fire 28 fighting training standards and any other issues relating to 29 occupational safety and health standards for fire fighters. 30 5. 2. The director of the department of workforce 31 development, in consultation with the labor commissioner, 32 shall, at the time provided by law, make an annual report to 33 the governor setting forth in appropriate form the business and 34 expense of the division of labor services for the preceding 35 -7- LSB 2378HV (1) 84 lh/rj 7/ 95

H.F. 502 year, the number of remedial actions taken under chapter 1 89A , the number of disputes or violations processed by the 2 division and the disposition of the disputes or violations, and 3 other matters pertaining to the division which are of public 4 interest, together with recommendations for change or amendment 5 of the laws in this chapter and chapters 88 , 88A , 88B , 89 , 89A , 6 89B , 90A , 91A , 91C , 91D , 91E , 92 , and 94A , and section 85.68 , 7 and the recommendations, if any, shall be transmitted by the 8 governor to the first general assembly in session after the 9 report is filed. 10 6. 3. The commissioner, with the assistance of the office 11 of the attorney general if requested by the commissioner, may 12 commence a civil action in any court of competent jurisdiction 13 to enforce the statutes under the commissioner’s jurisdiction. 14 7. 4. The division of labor services may sell documents 15 printed by the division at cost according to rules established 16 by the labor commissioner pursuant to chapter 17A . Receipts 17 from the sale shall be deposited to the credit of the division 18 and may be used by the division for administrative expenses. 19 8. 5. Except as provided in chapter 91A , the commissioner 20 may recover interest, court costs, and any attorney fees 21 incurred in recovering any amounts due. The recovery shall 22 only take place after final agency action is taken under 23 chapter 17A , or upon judicial review, after final disposition 24 of the case by the court. Attorney fees recovered in an 25 action brought under the jurisdiction of the commissioner 26 shall be deposited in the general fund of the state. The 27 commissioner is exempt from the payment of any filing fee or 28 other court costs including but not limited to fees paid to 29 county sheriffs. 30 9. 6. The commissioner may establish rules pursuant to 31 chapter 17A to assess and collect interest on fees, penalties, 32 and other amounts due the division. The commissioner may delay 33 or, following written notice, deny the issuance of a license, 34 commission, registration, certificate, or permit authorized 35 -8- LSB 2378HV (1) 84 lh/rj 8/ 95

H.F. 502 under chapter 88A , 89 , 89A , 90A , 91C , or 94A if the applicant 1 for the license, commission, registration, certificate, or 2 permit owes a liquidated debt to the commissioner. 3 10. Serve as an ex officio member of the state fire service 4 and emergency response council, or appoint a designee to serve 5 as an ex officio member of such council, to assist the council 6 in the development of rules relating to fire fighting training 7 standards and any other issues relating to occupational safety 8 and health standards for fire fighters. 9 Sec. 24. Section 97B.49A, subsection 3, Code 2011, is 10 amended to read as follows: 11 3. Calculation of monthly allowance. For each active or 12 inactive vested member retiring on or after July 1, 1994, with 13 four or more complete years of who is vested by service, a 14 monthly benefit shall be computed which is equal to one-twelfth 15 of an amount equal to the applicable percentage of the final 16 average covered wage multiplied by a fraction of years of 17 service. However, if benefits under this section commence on 18 an early retirement date, the amount of the benefit shall be 19 reduced in accordance with section 97B.50 . 20 Sec. 25. Section 97C.3, subsections 1, 2, and 3, Code 2011, 21 are amended to read as follows: 22 1. Benefits will be provided for employees whose services 23 are covered by the agreement (and , and their dependents and 24 survivors) survivors, on the same basis as though such services 25 constituted employment within the meaning of Tit. II of said 26 Social Security Act. 27 2. The state will pay to the secretary of the treasury, 28 at such time or times as may be prescribed under the Social 29 Security Act, Tit. II, contributions with respect to wages (as 30 as defined in section 97C.2 of this chapter ) , equal to the 31 sum of taxes which would be imposed by sections 1400 and 1410 32 of the federal Insurance Contributions Act, if the services 33 covered by the agreement constituted employment within the 34 meaning of that Act. 35 -9- LSB 2378HV (1) 84 lh/rj 9/ 95

H.F. 502 3. Such agreement shall be effective with respect to 1 services in employment covered by the agreement performed after 2 a date specified therein, but in no event may it be effective 3 with respect to any such services performed prior to the first 4 day of the calendar year in which such agreement is entered 5 into or in which the modification of the agreement making it 6 applicable to such services is entered into, provided that 7 in the case of an agreement or modification made after the 8 effective date of this chapter [May May 3, 1953] 1953, and 9 prior to January 1, 1954, such agreement or modification of 10 the agreement shall be made effective with respect to any such 11 services performed on or after January 1, 1951. 12 Sec. 26. Section 99B.5A, subsection 2, unnumbered paragraph 13 1, Code 2011, is amended to read as follows: 14 Bingo may lawfully be conducted at a fair , as defined in 15 section 174.1 , or a community festival if all the following 16 conditions are met: 17 Sec. 27. Section 100C.6, subsection 4, Code 2011, is amended 18 to read as follows: 19 4. Relieve any person engaged in fire protection system 20 installation, maintenance, repair, service, or inspection 21 as defined provided in section 100D.1 from obtaining a fire 22 protection system installer and maintenance worker license as 23 required pursuant to chapter 100D . 24 Sec. 28. Section 101.1, subsection 2, Code 2011, is amended 25 by adding the following new paragraph: 26 NEW PARAGRAPH . e. “Petroleum” means petroleum as defined in 27 section 455B.471. 28 Sec. 29. Section 101.2, Code 2011, is amended to read as 29 follows: 30 101.2 Scope of rules. 31 Except as otherwise provided in this chapter , the rules 32 shall be in substantial compliance with the standards of the 33 national fire protection association relating to flammable 34 and combustible liquids , and liquefied petroleum gases , and 35 -10- LSB 2378HV (1) 84 lh/rj 10/ 95

H.F. 502 liquefied natural gases . 1 Sec. 30. Section 101.3, Code 2011, is amended to read as 2 follows: 3 101.3 Separate rules for liquids and gas. 4 The rules covering combustible and flammable liquids shall 5 be formulated and promulgated separately from those covering 6 liquefied petroleum gas and from those covering liquefied 7 natural gases . 8 Sec. 31. Section 101.21, subsection 4, Code 2011, is amended 9 by striking the subsection. 10 Sec. 32. Section 101.22, subsection 8, paragraph b, Code 11 2011, is amended to read as follows: 12 b. A person who conveys or deposits flammable or combustible 13 liquid shall inspect the aboveground flammable or combustible 14 liquid storage tank to determine the existence or absence of 15 the registration tag. If a registration tag is not affixed to 16 the aboveground flammable or combustible liquid storage tank 17 fill pipe, the person conveying or depositing the flammable or 18 combustible liquid may deposit the flammable or combustible 19 liquid in the unregistered tank. However, the only one deposit 20 is allowed only in the single instance into the unregistered 21 tank , that the person provides making the deposit shall provide 22 the owner or operator of the tank with another notice as 23 required by subsection 5 , and that the person provides shall 24 provide the owner or operator with an aboveground flammable or 25 combustible liquid storage tank registration form. 26 Sec. 33. Section 103.25, subsection 1, Code 2011, is amended 27 to read as follows: 28 1. At or before commencement of any installation required 29 to be inspected by the board, the licensee or property owner 30 making such installation shall submit to the state fire 31 marshal’s office a request for inspection. The board shall 32 prescribe the methods by which the request may be submitted, 33 which may include electronic submission or through a form 34 prescribed by the board that can be submitted either through 35 -11- LSB 2378HV (1) 84 lh/rj 11/ 95

H.F. 502 the mail or by a fax transmission. The board shall also 1 prescribe methods by which inspection fees can be paid, which 2 may include electronic methods of payment. If the board or the 3 state fire marshal’s office becomes aware that a person has 4 failed to file a necessary request for inspection, the board 5 shall send a written notification by certified mail that the 6 request must be filed within fourteen days. Any person filing 7 a late request for inspection shall pay a delinquency fee in 8 an amount to be determined by the board. A person who fails 9 to file a late request within fourteen days from receipt of 10 the notification shall be subject to a civil penalty to be 11 determined by the board by rule. 12 Sec. 34. Section 103.33, subsection 3, Code 2011, is amended 13 to read as follows: 14 3. Upon receipt of notice of appeal from a condemnation 15 or disconnection order because the electrical installation 16 is not in compliance with accepted standards of construction 17 for health safety to health and property safety , except as 18 provided in subsection 2 , the order appealed from shall be 19 stayed until final decision of the board and the board shall 20 notify the property owner and the electrical contractor, class 21 A master electrician, class B master electrician, fire alarm 22 installer, special electrician, or if established by the board 23 the residential master electrician, making the installation. 24 The power supplier shall also be notified in those instances in 25 which the order has been served on such supplier. 26 Sec. 35. Section 123.53, subsection 4, Code 2011, is amended 27 to read as follows: 28 4. The treasurer of state shall, each quarter, prepare 29 an estimate of the gaming revenues and of the moneys to be 30 deposited in the beer and liquor control fund that will become 31 available during the remainder of the appropriate fiscal year 32 for the purposes described in subsection 3 . The department 33 of management, the department of inspections and appeals, and 34 the department of commerce shall take appropriate actions to 35 -12- LSB 2378HV (1) 84 lh/rj 12/ 95

H.F. 502 provide that the sum of the amount of gaming revenues available 1 to be deposited into the revenue bonds debt service fund and 2 the revenue bonds federal subsidy holdback fund during a fiscal 3 year and the amount of moneys to be deposited in the beer and 4 liquor control fund available to be deposited into the revenue 5 bonds debt service fund and the revenue bonds federal subsidy 6 holdback fund during such fiscal year will be sufficient to 7 cover any anticipated deficiencies. 8 Sec. 36. Section 135B.19, Code 2011, is amended to read as 9 follows: 10 135B.19 Title of division. 11 This law division may be cited as the “Pathology and 12 Radiology Services in Hospitals Law” . 13 Sec. 37. Section 163.30, subsection 5, paragraph a, Code 14 2011, is amended to read as follows: 15 a. However, swine may be moved intrastate directly 16 to an approved state, federal, or auction market without 17 identification or certification, if the swine are to be 18 identified and certificated at the state, federal, or auction 19 market. 20 Sec. 38. Section 185C.29, subsection 1, Code 2011, is 21 amended to read as follows: 22 1. After the direct and indirect costs incurred by the 23 secretary and the costs of elections, referendums, necessary 24 board expenses, and administrative costs have been paid, at 25 least seventy-five percent of the remaining moneys from a state 26 assessment deposited in the corn promotion fund shall be used 27 to carry out the purposes of this chapter the board as provided 28 in section 185C.11 . 29 Sec. 39. Section 203D.1, Code 2011, is amended by adding the 30 following new unnumbered paragraph: 31 NEW UNNUMBERED PARAGRAPH . As used in this chapter, unless 32 the context otherwise requires: 33 Sec. 40. Section 207.1, subsection 2, Code 2011, is amended 34 to read as follows: 35 -13- LSB 2378HV (1) 84 lh/rj 13/ 95

H.F. 502 2. The general assembly finds and declares that because the 1 federal Surface Mining Control and Reclamation Act of 1977, 2 Pub. L. No. 95-87, codified at 30 U.S.C. ch. 25, subch. IV, 3 provides for a permit system to regulate the mining of coal 4 and reclamation of the mining sites and provides that permits 5 may be issued by states which are authorized to implement the 6 provisions of that Act, it is in the interest of the people 7 of Iowa to enact the provisions of this chapter in order to 8 authorize the state to implement the provisions of the federal 9 Surface Mining Control and Reclamation Act of 1977 and federal 10 regulations and guidelines issued pursuant to that Act. 11 Sec. 41. Section 207.3, subsections 2 and 3, Code 2011, are 12 amended to read as follows: 13 2. The division may, after notification to the committee, 14 commence proceedings to suspend, revoke, or refuse to renew a 15 license of a licensee for repeated or willful violation of any 16 of the provisions of this chapter or of the federal Coal Mine 17 Health and Safety Act of 1969 , 30 U.S.C. § 801 et seq . 18 3. The hearing shall be held pursuant to chapter 17A not 19 less than fifteen nor more than thirty days after the mailing 20 or service of the notice. If the licensee is found to have 21 willfully or repeatedly violated any of the provisions of this 22 chapter or of the federal Coal Mine Health and Safety Act of 23 1969, 30 U.S.C. § 801 et seq., the committee may affirm or 24 modify the proposed suspension, revocation, or refusal to renew 25 the license. 26 Sec. 42. Section 207.16, subsection 1, Code 2011, is amended 27 to read as follows: 28 1. Each operator upon completion of any reclamation work 29 required by this chapter shall apply to the division in writing 30 for approval of the work. The division shall promulgate rules 31 consistent with Pub. L. No. 95-87, section § 519, codified at 32 30 U.S.C. § 1269, regarding procedures and requirements to 33 release performance bonds or deposits. 34 Sec. 43. Section 207.19, Code 2011, is amended to read as 35 -14- LSB 2378HV (1) 84 lh/rj 14/ 95

H.F. 502 follows: 1 207.19 Surface effects of underground coal mining operations. 2 1. The provisions of this chapter shall be applicable 3 to surface operations and surface impacts incident to an 4 underground coal mine with such modifications to the permit 5 application requirements, permit approval or denial procedures, 6 and bond requirements as are necessary to accommodate the 7 distinct difference between surface and underground coal 8 mining. The division shall promulgate such modifications in 9 its rules to allow for such distinct differences and still 10 fulfill the purposes of this chapter and be consistent with 11 the requirements in section 516 of Pub. L. No. 95-87 , § 516, 12 codified at 30 U.S.C. § 1266, and the permanent regulations 13 issued pursuant to that Act. 14 2. In order to protect the stability of the land, the 15 division shall suspend underground coal mining under urbanized 16 areas, cities, and communities and adjacent to industrial or 17 commercial buildings, major impoundments, or permanent streams 18 if the administrator finds imminent danger to inhabitants of 19 the urbanized areas, cities, and communities. 20 Sec. 44. Section 207.21, subsection 1, Code 2011, is amended 21 to read as follows: 22 1. The division shall participate in the abandoned mine 23 reclamation program under Tit. IV, Pub. L. No. 95-87 , Tit. IV, 24 codified at 30 U.S.C. ch. 25, subch. IV . There is established 25 an abandoned mine reclamation fund under the control of the 26 division. 27 Sec. 45. Section 207.21, subsection 4, paragraph a, Code 28 2011, is amended to read as follows: 29 a. The division shall submit to the secretary a state 30 reclamation plan and annual projects to carry out the purposes 31 of this program. The plan shall generally identify the areas 32 to be reclaimed, the purposes for which the reclamation is 33 proposed, the relationship of the lands to be reclaimed and 34 the proposed reclamation to surrounding areas, the specific 35 -15- LSB 2378HV (1) 84 lh/rj 15/ 95

H.F. 502 criteria for ranking and identifying projects to be funded, and 1 the legal authority and programmatic capability to perform such 2 work in conformance with the provisions of Tit. IV of Pub. L. 3 No. 95-87 , Tit. IV, codified at 30 U.S.C. ch. 25, subch. IV . 4 Sec. 46. Section 207.21, subsection 5, unnumbered paragraph 5 1, Code 2011, is amended to read as follows: 6 The division in participating in the abandoned mine 7 reclamation program under Tit. IV of Pub. L. No. 95-87 , Tit. 8 IV, codified at 30 U.S.C. ch. 25, subch. IV, shall have the 9 following additional powers: 10 Sec. 47. Section 207.22, subsection 3, paragraph b, Code 11 2011, is amended to read as follows: 12 b. Acquisition of coal refuse disposal sites and all 13 coal refuse thereon will serve the purposes of Tit. IV of 14 Pub. L. No. 95-87 , Tit. IV, codified at 30 U.S.C. ch. 25, 15 subch. IV, or that public ownership is desirable to meet 16 emergency situations and prevent recurrences of the adverse 17 effect of past coal mining practices. 18 Sec. 48. Section 216A.6, subsection 2, paragraph d, Code 19 2011, is amended to read as follows: 20 d. Department , or division , or office evaluations of 21 information about a person seeking or receiving advocacy 22 services. 23 Sec. 49. Section 216A.96, unnumbered paragraph 1, Code 24 2011, is amended to read as follows: 25 A community action agency or delegate agency shall: 26 Sec. 50. Section 216A.97, Code 2011, is amended to read as 27 follows: 28 216A.97 Administration. 29 A community action agency or a delegate agency may 30 administer the components of a community action program 31 when the program is consistent with plans and purposes and 32 applicable law. The community action programs may be projects 33 which are eligible for assistance from any source. The 34 programs shall be developed to meet local needs and may be 35 -16- LSB 2378HV (1) 84 lh/rj 16/ 95

H.F. 502 designed to meet eligibility standards of a federal or state 1 program. 2 Sec. 51. Section 216A.133A, subsection 5, Code 2011, is 3 amended to read as follows: 4 5. The board shall report to the legislative general 5 assembly’s standing committees on government oversight 6 committee all sources of funding by December 1 of each year. 7 Sec. 52. Section 217.6, Code 2011, is amended to read as 8 follows: 9 217.6 Rules and regulations —— organization of department . 10 1. The director is hereby authorized to recommend to 11 the council for adoption such rules and regulations as are 12 necessary to carry into practice the programs of the various 13 divisions and to establish such divisions and to assign or 14 reassign duties, powers, and responsibilities within the 15 department, all with the approval of the council on human 16 services, within the department as the director deems necessary 17 and appropriate for the proper administration of the duties, 18 functions and programs with which the department is charged. 19 Any action taken, decision made, or administrative rule adopted 20 by any administrator of a division may be reviewed by the 21 director. The director, upon such review, may affirm, modify, 22 or reverse any such action, decision, or rule. The director 23 shall organize the department of human services into divisions 24 to carry out in efficient manner the intent of this chapter . 25 2. The director shall organize the department of human 26 services into divisions to carry out in efficient manner the 27 intent of this chapter. The department of human services 28 may be initially divided into the following divisions of 29 responsibility: the division of child and family services, the 30 division of mental health and disability services, the division 31 of administration, and the division of planning, research and 32 statistics. 33 3. If the department of human services requires or requests 34 a service consumer, service provider, or other person to 35 -17- LSB 2378HV (1) 84 lh/rj 17/ 95

H.F. 502 maintain required documentation in electronic form, the 1 department shall accept such documentation submitted by 2 electronic means and shall not require a physical copy of the 3 documentation unless required by state or federal law. 4 Sec. 53. Section 225C.5, subsection 1, paragraph k, Code 5 2011, is amended to read as follows: 6 k. One member who is shall be a military veteran and who 7 is knowledgeable concerning the behavioral and mental health 8 issues of veterans. 9 Sec. 54. Section 225C.6, subsection 1, paragraph k, Code 10 2011, is amended to read as follows: 11 k. Coordinate activities with the governor’s developmental 12 disabilities council and the mental health planning council, 13 created pursuant to federal law. Work The commission shall 14 work with other state agencies on coordinating, collaborating, 15 and communicating concerning activities involving persons with 16 disabilities. 17 Sec. 55. Section 229.22, subsection 2, paragraph a, Code 18 2011, is amended to read as follows: 19 a. In the circumstances described in subsection 1 , any 20 peace officer who has reasonable grounds to believe that 21 a person is mentally ill, and because of that illness is 22 likely to physically injure the person’s self or others if 23 not immediately detained, may without a warrant take or cause 24 that person to be taken to the nearest available facility or 25 hospital as defined in section 229.11, subsection 1 , paragraphs 26 “b” and “c” . A person believed mentally ill, and likely to 27 injure the person’s self or others if not immediately detained, 28 may be delivered to a facility or hospital by someone other 29 than a peace officer. Upon delivery of the person believed 30 mentally ill to the facility or hospital, the examining 31 physician may order treatment of that person, including 32 chemotherapy, but only to the extent necessary to preserve 33 the person’s life or to appropriately control behavior by the 34 person which is likely to result in physical injury to that 35 -18- LSB 2378HV (1) 84 lh/rj 18/ 95