Senate File 2283 - Introduced SENATE FILE 2283 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO SSB 3141) (COMPANION TO LSB 5539HV BY COMMITTEE ON JUDICIARY) 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 provisions. 6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 7 TLSB 5539SV (1) 86 lh/rj
S.F. 2283 DIVISION I 1 MISCELLANEOUS CHANGES 2 Section 1. Section 8D.14, Code 2016, is amended to read as 3 follows: 4 8D.14 Iowa communications network fund. 5 1. There is created in the office of the treasurer of 6 state a fund to be known as the Iowa communications network 7 fund under the control of the Iowa telecommunications and 8 technology commission. There shall be deposited into the 9 Iowa communications network fund proceeds from bonds issued 10 for purposes of projects authorized pursuant to section 11 8D.13 , funds received from leases pursuant to section 12 8D.11 , and other moneys by law credited to or designated 13 by a person for deposit into the fund. Amounts deposited 14 into the fund are appropriated to and for the use of the 15 commission. Notwithstanding section 12C.7 , interest earned 16 on amounts deposited in the fund shall be credited to the 17 fund. Notwithstanding section 8.33 , moneys deposited into 18 and appropriated from the fund that remain unencumbered or 19 unobligated at the close of the fiscal year shall not revert 20 but shall remain available for expenditure for the purposes 21 designated until the close of the succeeding fiscal year. 22 2. The commission shall be required to repay one million 23 dollars of start-up funding from the Iowa communications 24 network fund to the general fund of the state. For the fiscal 25 year beginning July 1, 2007, and ending June 30, 2008, the 26 commission shall repay two hundred fifty thousand dollars 27 of start-up funding at the end of that fiscal year, and for 28 the fiscal year beginning July 1, 2008, and ending June 30, 29 2009, the commission shall repay two hundred fifty thousand 30 dollars of start-up funding at the end of that fiscal year. 31 The remaining five hundred thousand dollars shall be repaid 32 in a reasonable period of time thereafter as provided in this 33 subsection . The commission shall conduct a review of the 34 operation of the fund and the extent to which a continued 35 -1- LSB 5539SV (1) 86 lh/rj 1/ 106
S.F. 2283 need for funding for cash flow support exists, and shall 1 provide a report summarizing the results of the review to 2 the general assembly by January 1, 2010. The report shall 3 also include a plan regarding repayment of the remaining five 4 hundred thousand dollars in start-up funding in a manner which 5 will not adversely affect network operations, and any other 6 recommendations relating to the fund and the operation of the 7 network deemed appropriate by the commission. 8 Sec. 2. Section 12.77, Code 2016, is amended to read as 9 follows: 10 12.77 Construction. 11 Sections 12.71 through 12.76 , being necessary for the 12 welfare of this state and its inhabitants, shall be liberally 13 construed to effect its the purposes of the sections . 14 Sec. 3. Section 12.86, Code 2016, is amended to read as 15 follows: 16 12.86 Construction. 17 Sections 12.81 through 12.85 , being necessary for the 18 welfare of this state and its inhabitants, shall be liberally 19 construed to effect its the purposes of the sections . 20 Sec. 4. Section 12.90, subsection 2, Code 2016, is amended 21 to read as follows: 22 2. Sections 12.87 through 12.89 , and this section , being 23 necessary for the welfare of this state and its inhabitants, 24 shall be liberally construed to effect its the purposes of the 25 sections . 26 Sec. 5. Section 13.7, subsection 1, Code 2016, is amended 27 to read as follows: 28 1. Compensation shall not be allowed to any person for 29 services as an attorney or counselor to an executive department 30 of the state government, or the head of an executive department 31 of state government, or to a state board or commission. 32 However, the executive council may authorize employment of 33 legal assistance, at a reasonable compensation, in a pending 34 action or proceeding to protect the interests of the state, 35 -2- LSB 5539SV (1) 86 lh/rj 2/ 106
S.F. 2283 but only upon a sufficient showing, in writing, made by the 1 attorney general, that the department of justice cannot for 2 reasons stated by the attorney general perform the service. 3 The reasons and action of the executive council shall be 4 entered upon its records. If the attorney general determines 5 that the department of justice cannot perform legal service 6 in an action or proceeding, the executive council shall 7 request the department involved in the action or proceeding 8 to recommend legal counsel to represent the department. If 9 the attorney general concurs with the department that the 10 person recommended is qualified and suitable to represent the 11 department, the person recommended shall be employed. If the 12 attorney general does not concur in the recommendation, the 13 department shall submit a new recommendation. This subsection 14 does not affect the general counsel for the utilities board of 15 the department of commerce, the legal counsel of the department 16 of workforce development, or the general counsel for the 17 property assessment appeal board. 18 Sec. 6. Section 13C.2, subsection 1, paragraph c, Code 2016, 19 is amended to read as follows: 20 c. In lieu of filing the financial disclosure information 21 at the time of registration, the professional commercial 22 fund-raiser may file a statement with its permit application 23 where it agrees to provide, without cost, the financial 24 disclosure information required to be disclosed pursuant to 25 this subsection to a person or government governmental entity 26 requesting the information within one day of the request. The 27 statement shall include the telephone number, mailing address, 28 and names of persons to be contacted to obtain the financial 29 disclosure information of the fund-raiser. Failure to provide 30 this information upon request shall be a violation of this 31 chapter . 32 Sec. 7. Section 13C.2, subsection 3, paragraph b, Code 2016, 33 is amended to read as follows: 34 b. The attorney general may seek an injunction pursuant 35 -3- LSB 5539SV (1) 86 lh/rj 3/ 106
S.F. 2283 to section 714.16 prohibiting the professional commercial 1 fund-raiser or charitable organization from soliciting 2 contributions until the required financial information has 3 been disclosed to the attorney general, person, or government 4 governmental entity making the request. 5 Sec. 8. Section 15.338, subsection 5, Code 2016, is amended 6 to read as follows: 7 5. In providing financial assistance under this section, 8 the authority shall coordinate with a city to develop a plan 9 for the use of funds that is consistent with the community 10 development, housing, and economic development goals of the 11 city. The terms of the agreement entered into pursuant to 12 subsection 3 4 and the use of financial assistance provided 13 under this section shall reflect the plan developed based on a 14 city’s goals. 15 Sec. 9. Section 15.353, subsection 2, paragraph d, 16 subparagraph (2), subparagraph division (c), Code 2016, is 17 amended to read as follows: 18 (c) The demand for projects applying under this paragraph 19 “d” compared to the demand for projects applying under 20 paragraphs “a” through “c” . 21 Sec. 10. Section 15H.5, subsection 5, paragraphs b and d, 22 Code 2016, are amended to read as follows: 23 b. The commission shall manage the Iowa summer youth corps 24 program in a manner to maximize the leveraging of federal, 25 local, and private funding opportunities that increase or 26 amplify program impact and service-learning opportunities. 27 The commission shall also encourage collaboration with, and 28 utilization of, other national, local, and nonprofit programs 29 engaged in community service or addressing the needs of youth 30 from families with low income. 31 d. The commission shall include progress information 32 concerning implementation of the Iowa summer youth corps 33 program in the quarterly reports made to the governor and the 34 general assembly in accordance with section 15H.2 . 35 -4- LSB 5539SV (1) 86 lh/rj 4/ 106
S.F. 2283 Sec. 11. Section 15H.5, subsection 6, paragraph b, Code 1 2016, is amended to read as follows: 2 b. If a stipend is provided to a youth participating in 3 the Iowa summer youth corps program, the youth shall be age 4 fourteen through eighteen. 5 Sec. 12. Section 16.2D, subsection 6, paragraph b, Code 6 2016, is amended to read as follows: 7 b. The council shall elect a chairperson and vice 8 chairperson from the membership of the council. The 9 chairperson and vice chairperson shall each serve two-year 10 terms. The positions of chairperson and vice chairperson shall 11 not both be held by members who are both either general public 12 members or agency directors director members . The position 13 positions of chairperson and vice chairperson shall rotate 14 between agency director members and general public members. 15 Sec. 13. Section 17A.17, subsection 1, paragraph a, Code 16 2016, is amended to read as follows: 17 a. Unless required for the disposition of ex parte matters 18 specifically authorized by statute, a presiding officer in a 19 contested case , shall not communicate , directly or indirectly , 20 with any person or party in connection with any issue of fact 21 or law in that contested case, with any person or party, except 22 upon notice and opportunity for all parties to participate as 23 shall be provided for by agency rules. 24 Sec. 14. Section 21.5, subsection 1, paragraph g, Code 2016, 25 is amended to read as follows: 26 g. To avoid disclosure of specific law enforcement matters, 27 such as current or proposed investigations , or inspection or 28 auditing techniques or schedules, which if disclosed would 29 enable law violators to avoid detection. 30 Sec. 15. Section 28F.12, subsection 2, Code 2016, is amended 31 to read as follows: 32 2. If the entity is comprised solely of cities, counties, 33 and sanitary districts established under chapter 358 , or any 34 combination thereof, it is a governmental entity with respect 35 -5- LSB 5539SV (1) 86 lh/rj 5/ 106
S.F. 2283 to projects undertaken pursuant to chapter 418 and may exercise 1 all of the powers of a governmental entity under that chapter 2 in connection with the a flood mitigation project. Unless 3 otherwise provided in chapter 418 , if the entity is undertaking 4 a flood mitigation project as a governmental entity under 5 chapter 418 , the provisions of chapter 418 shall prevail over 6 any conflicting provision in this chapter . 7 Sec. 16. Section 48A.26, subsections 4 and 5, Code 2016, are 8 amended to read as follows: 9 4. If the registrant applied by mail to register to vote and 10 did not answer either “yes” or “no” to the first question in 11 section 48A.11, subsection 3 , paragraph “a” , the application 12 shall be processed. If the application is complete and proper 13 in all other respects and information on the application is 14 verified, as required by section 48A.25A , the applicant shall 15 be registered to vote and sent an acknowledgment. 16 5. If the registrant applied by mail to register to vote 17 and answered “no” to the first question in section 48A.11, 18 subsection 3 , paragraph “a” , the application shall not be 19 processed. The acknowledgment shall advise the applicant 20 that the registration has been rejected because the applicant 21 indicated on the registration form that the applicant is not a 22 citizen of the United States. 23 Sec. 17. Section 91E.2, subsection 1, paragraph b, Code 24 2016, is amended to read as follows: 25 b. If a Spanish-speaking interpreter is needed, the employer 26 shall select an interpreter from a list of interpreters 27 developed by the department of workforce development , drawn 28 from the commission of Latino affairs’ statewide list of 29 interpreters qualified to serve Iowa courts and administrative 30 agencies . 31 Sec. 18. Section 96.7, subsection 8, paragraph a, 32 subparagraph (4), Code 2016, is amended to read as follows: 33 (4) The department, in accordance with rules adopted by the 34 department pursuant to chapter 17A , shall notify each nonprofit 35 -6- LSB 5539SV (1) 86 lh/rj 6/ 106
S.F. 2283 organization of any determination made by the department of the 1 status of the nonprofit organization as an employer and of the 2 effective date of any election or termination of election. A 3 determination is subject to appeal and review in accordance 4 with subsections 4 and 5 . 5 Sec. 19. Section 96.13, subsection 2, Code 2016, is amended 6 to read as follows: 7 2. Replenishment of lost funds. If any moneys received 8 after June 30, 1941, from the social security administration 9 under Tit. III of the Social Security Act, or any unencumbered 10 balances in the unemployment compensation administration fund 11 as of that date, or any moneys granted after that date to this 12 state pursuant to the provisions of the Wagner-Peyser Act, 13 or any moneys made available by this state or its political 14 subdivisions and matched by such moneys granted to this state 15 pursuant to the provisions of the Wagner-Peyser Act, are 16 found by the social security administration, because of any 17 action or contingency, to have been lost or been expended for 18 purposes other than or in amounts in excess of, those found 19 necessary by the social security administration for the proper 20 administration of this chapter , it is the policy of this state 21 that such moneys shall be replaced by moneys appropriated 22 for such purpose from the general funds of this state to the 23 unemployment compensation administration fund for expenditure 24 as provided in subsection 1 of this section . Upon receipt of 25 notice of such a finding by the social security administration, 26 the department shall promptly report the amount required for 27 such replacement to the governor and the governor shall at 28 the earliest opportunity, submit to the legislature a request 29 for the appropriation of such amount. This subsection shall 30 not be construed to relieve this state of its obligation with 31 respect to funds received prior to July 1, 1941, pursuant to 32 the provisions of Tit. III of the Social Security Act . 33 Sec. 20. Section 96.19, subsection 41, unnumbered paragraph 34 1, Code 2016, is amended to read as follows: 35 -7- LSB 5539SV (1) 86 lh/rj 7/ 106
S.F. 2283 “Wages” means all remuneration for personal services, 1 including commissions and bonuses and the cash value of all 2 remuneration in any medium other than cash. The reasonable 3 cash value of remuneration in any medium other than cash, shall 4 be estimated and determined in accordance with rules prescribed 5 by the department. Wages payable to an individual for insured 6 work performed prior to January 1, 1941, shall, for the 7 purposes of sections 96.3 , 96.4 , and this section , be deemed to 8 be wages paid within the calendar quarter with respect to which 9 such wages were payable. 10 Sec. 21. Section 96.20, subsection 2, paragraph b, Code 11 2016, is amended to read as follows: 12 b. Reimbursements so payable shall be deemed to be benefits 13 for the purposes of section 96.3, subsection 5 , paragraph “a” , 14 and section 96.9 , but no reimbursement so payable shall be 15 charged against any employer’s account for the purposes of 16 section 96.7 , unless wages so transferred are sufficient to 17 establish a valid claim in Iowa, and that such charges shall 18 not exceed the amount that would have been charged on the 19 basis of a valid claim. The department is hereby authorized 20 to make to other state or federal agencies and receive from 21 such other state or federal agencies, reimbursements from 22 or to the fund, in accordance with arrangements pursuant 23 to this section . The department shall participate in any 24 arrangements for the payment of compensation on the basis of 25 combining an individual’s wages and employment covered under 26 this chapter with the individual’s wages and employment covered 27 under the unemployment compensation laws of other states 28 which are approved by the United States secretary of labor in 29 consultation with the state unemployment compensation agencies 30 as reasonably calculated to assure the prompt and full payment 31 of compensation in such situations and which include provisions 32 for applying the base period of a single state law to a claim 33 involving the combining of an individual’s wages and employment 34 covered under two or more state unemployment compensation laws, 35 -8- LSB 5539SV (1) 86 lh/rj 8/ 106
S.F. 2283 and avoiding the duplication in the use of wages and employment 1 by reason of such combining. 2 Sec. 22. Section 97B.49C, subsection 1, paragraph e, Code 3 2016, is amended to read as follows: 4 e. “Sheriff” means a county sheriff as defined described in 5 section 39.17 331.651 . 6 Sec. 23. Section 97B.49G, subsection 7, paragraph a, 7 subparagraph (3), subparagraph division (a), Code 2016, is 8 amended to read as follows: 9 (a) As a county sheriff as defined described in section 10 39.17 331.651 . 11 Sec. 24. Section 99.28, Code 2016, is amended to read as 12 follows: 13 99.28 Certification and payment of mulct tax. 14 The clerk of said court shall make and certify a return of 15 the imposition of said the mulct tax forthwith to the county 16 auditor, who shall enter the same as a tax upon the property, 17 and against the persons upon which or whom the lien was 18 imposed, as and when the other taxes are entered, and the same 19 shall be and remain a lien on the land upon which such lien 20 was imposed until fully paid. Any such lien imposed while the 21 tax books are in the hands of the auditor shall be immediately 22 entered therein in the tax books . The payment of said the 23 mulct tax shall not relieve the persons or property from any 24 other penalties provided by law. 25 Sec. 25. Section 99.29, Code 2016, is amended to read as 26 follows: 27 99.29 Collection of mulct tax. 28 The provisions of the law relating to the collection of taxes 29 in this state, the delinquency thereof, and sale of property 30 for taxes shall govern in the collection of the mulct tax 31 herein prescribed in this chapter insofar as the same those 32 provisions are applicable. 33 Sec. 26. Section 99.30, Code 2016, is amended to read as 34 follows: 35 -9- LSB 5539SV (1) 86 lh/rj 9/ 106
S.F. 2283 99.30 Application of mulct tax. 1 The mulct tax collected shall be applied toward the 2 deficiency in the payment of costs of the action and abatement 3 which exist after the application of the proceeds of the sale 4 of personal property. The remainder of the tax together with 5 the unexpended portion of the proceeds of the sale of personal 6 property shall be paid to the treasurer of state for deposit in 7 the general fund of the state, except that ten percent of the 8 amount of the whole tax collected and of the whole proceeds of 9 the sale of the personal property, as provided in this chapter , 10 shall be paid by the treasurer to the attorney representing the 11 state in the injunction action, at the time of final judgment. 12 Sec. 27. Section 99.31, Code 2016, is amended to read as 13 follows: 14 99.31 Tax Mulct tax assessed. 15 When such nuisance has been found to exist under any 16 proceeding in the district court or as in this chapter 17 provided, and the owner or agent of such building or ground 18 whereon the same nuisance has been found to exist was not 19 a party to such proceeding, nor appeared therein, the said 20 mulct tax of three hundred dollars shall, nevertheless, be 21 imposed against the persons served or appearing and against the 22 property as set forth in this chapter set forth . 23 Sec. 28. Section 99B.3, subsection 4, paragraph b, Code 24 2016, is amended to read as follows: 25 b. If a request for a hearing is timely received by 26 the department, the applicant or licensee shall be given 27 an opportunity for a prompt and fair hearing before the 28 department and the denial, suspension, or revocation shall be 29 deemed suspended stayed until the department makes a final 30 determination. However, the director may suspend a license 31 prior to a hearing if the director finds that the public 32 integrity of the licensed activity is compromised or there is a 33 risk to public health, safety, or welfare. In addition, at any 34 time during or prior to the hearing the department may rescind 35 -10- LSB 5539SV (1) 86 lh/rj 10/ 106
S.F. 2283 the notice of the denial, suspension, or revocation upon being 1 satisfied that the reasons for the denial, suspension, or 2 revocation have been or will be removed. On the basis of any 3 such hearing, the determination involved in the notice may be 4 affirmed, modified, or set aside by the department in a written 5 decision. 6 Sec. 29. Section 99B.55, subsection 3, paragraph b, 7 subparagraph (2), Code 2016, is amended to read as follows: 8 (2) If a request for a hearing is timely received by 9 the department, the applicant or registrant shall be given 10 an opportunity for a prompt and fair hearing before the 11 department and the denial, suspension, or revocation shall be 12 deemed suspended stayed until the department makes a final 13 determination. However, the director of the department may 14 suspend a registration prior to a hearing if the director 15 finds that the public integrity of the registered activity 16 is compromised or there is a risk to public health, safety, 17 or welfare. In addition, at any time during or prior to the 18 hearing, the department may rescind the notice of the denial, 19 suspension, or revocation upon being satisfied that the reasons 20 for the denial, suspension, or revocation have been or will 21 be removed. On the basis of any such hearing, the proposed 22 action in the notice may be affirmed, modified, or set aside by 23 the department in a written decision. The procedure governing 24 hearings authorized by this paragraph subparagraph shall be in 25 accordance with the rules promulgated adopted by the department 26 and chapter 17A . 27 Sec. 30. Section 99F.15, subsection 6, paragraph a, Code 28 2016, is amended to read as follows: 29 a. A person who places, removes, increases, or decreases a 30 bet after acquiring knowledge of the outcome of the gambling 31 game which is the subject of the bet or to aid who aids a 32 person in acquiring the knowledge for the purpose of placing, 33 removing, increasing, or decreasing a bet contingent on that 34 outcome commits the offense of unlawful betting. 35 -11- LSB 5539SV (1) 86 lh/rj 11/ 106
S.F. 2283 Sec. 31. Section 123.9, subsection 5, Code 2016, is amended 1 to read as follows: 2 5. To grant and issue beer permits, wine permits, special 3 permits, liquor control licenses, and other licenses; and to 4 suspend or revoke all such permits and licenses for cause under 5 this chapter . 6 Sec. 32. Section 123.48, Code 2016, is amended to read as 7 follows: 8 123.48 Seizure of false or altered driver’s license or 9 nonoperator nonoperator’s identification card. 10 1. If a liquor control licensee or wine or beer permittee 11 or an employee of the licensee or permittee has a reasonable 12 belief based on factual evidence that a driver’s license as 13 defined in section 321.1, subsection 20A , or nonoperator 14 nonoperator’s identification card issued pursuant to section 15 321.190 offered by a person who wishes to purchase an alcoholic 16 beverage at the licensed premises is altered or falsified or 17 belongs to another person, the licensee, permittee, or employee 18 may retain the driver’s license or nonoperator nonoperator’s 19 identification card. Within twenty-four hours, the license or 20 card shall be delivered to the appropriate city or county law 21 enforcement agency of the jurisdiction in which the licensed 22 premises is located. When the license or card is delivered 23 to the appropriate law enforcement agency, the licensee shall 24 file a written report of the circumstances under which the 25 license or card was retained. The local law enforcement 26 agency may investigate whether a violation of section 321.216 , 27 321.216A , or 321.216B has occurred. If an investigation is not 28 initiated or a probable cause is not established by the local 29 law enforcement agency, the driver’s license or nonoperator 30 nonoperator’s identification card shall be delivered to the 31 person to whom it was issued. The local law enforcement 32 agency may forward the license or card with the report to the 33 department of transportation for investigation, in which case, 34 the department may investigate whether a violation of section 35 -12- LSB 5539SV (1) 86 lh/rj 12/ 106
S.F. 2283 321.216 , 321.216A , or 321.216B has occurred. The department of 1 transportation shall return the license or card to the person 2 to whom it was issued if an investigation is not initiated or a 3 probable cause is not established. 4 2. Upon taking possession of an a driver’s license or 5 nonoperator’s identification card as provided in subsection 1 , 6 a receipt for the license or card with the date and hour of 7 seizure noted shall be provided to the person from whom the 8 license or card was seized. 9 3. A liquor control licensee or wine or beer permittee or 10 an employee of the licensee or permittee is not subject to 11 criminal prosecution for, or to civil liability for damages 12 alleged to have resulted from, the retention and delivery of a 13 driver’s license or a nonoperator nonoperator’s identification 14 card which is taken pursuant to subsections 1 and 2 . This 15 section shall not be construed to relieve a licensee, 16 permittee, or employee of the licensee or permittee from civil 17 liability for damages resulting from the use of unreasonable 18 force in obtaining the altered or falsified driver’s license or 19 nonoperator’s identification card or the driver’s license or 20 nonoperator’s identification card believed to belong to another 21 person. 22 Sec. 33. Section 123.124, Code 2016, is amended to read as 23 follows: 24 123.124 Beer permits —— classes. 25 Permits for the manufacture and sale, or sale, of beer shall 26 be divided into six classes, known as class “A”, special class 27 “A”, class “AA”, special class “AA”, class “B”, or class “C” 28 beer permits. A class “A” beer permit allows the holder to 29 manufacture and sell beer at wholesale. A holder of a special 30 class “A” beer permit may only manufacture beer to be consumed 31 on the licensed premises for which the person also holds a 32 class “C” liquor control license or class “B” beer permit, to 33 be sold to a class “A” beer permittee for resale purposes, 34 and to be sold to distributors outside of the state that are 35 -13- LSB 5539SV (1) 86 lh/rj 13/ 106
S.F. 2283 authorized by the laws of that jurisdiction to sell beer at 1 wholesale. A class “AA” beer permit allows the holder to 2 manufacture and sell high alcoholic content beer at wholesale. 3 A holder of a special class “AA” beer permit may only 4 manufacture high alcoholic content beer to be consumed on the 5 licensed premises for which the person also holds a class “C” 6 liquor control license or class “B” beer permit, to be sold to 7 a class “AA” beer permittee for resale purposes, and to be sold 8 to distributors outside of the state that are authorized by the 9 laws of that jurisdiction to sell high alcoholic content beer 10 at wholesale. A class “B” beer permit allows the holder to 11 sell beer to consumers at retail for consumption on or off the 12 premises. A class “C” beer permit allows the holder to sell 13 beer to consumers at retail for consumption off the premises. 14 Sec. 34. Section 123.127, subsection 1, unnumbered 15 paragraph 1, Code 2016, is amended to read as follows: 16 A class “A”, class “AA”, special class “A”, or special class 17 “AA” beer permit shall be issued by the administrator to any 18 person who: 19 Sec. 35. Section 123.127, subsection 2, Code 2016, is 20 amended to read as follows: 21 2. An applicant for a special class “A” or special class 22 “AA” beer permit shall comply with the requirements for a 23 class “A” or class “AA” beer permit, as applicable, and shall 24 also state on the application that the applicant holds or has 25 applied for a class “C” liquor control license or class “B” 26 beer permit. 27 Sec. 36. Section 123.128, unnumbered paragraph 1, Code 28 2016, is amended to read as follows: 29 A class “B” beer permit shall be issued by the administrator 30 to any person who: 31 Sec. 37. Section 123.129, subsection 1, Code 2016, is 32 amended to read as follows: 33 1. A class “C” beer permit shall not be issued to any person 34 except the owner or proprietor of a grocery store or pharmacy. 35 -14- LSB 5539SV (1) 86 lh/rj 14/ 106
S.F. 2283 Sec. 38. Section 123.129, subsection 2, unnumbered 1 paragraph 1, Code 2016, is amended to read as follows: 2 A class “C” beer permit shall be issued by the administrator 3 to any person who is the owner or proprietor of a grocery store 4 or pharmacy, who: 5 Sec. 39. Section 123.130, Code 2016, is amended to read as 6 follows: 7 123.130 Authority under class “A”, class “AA”, special class 8 “A”, and special class “AA” beer permits. 9 1. Any person holding a class “A” or class “AA” beer permit 10 issued by the division shall be authorized to manufacture 11 and sell, or sell at wholesale, beer for consumption off the 12 premises, such sales within the state to be made only to 13 persons holding subsisting class “A”, “B”, or “C” beer permits, 14 or liquor control licenses issued in accordance with the 15 provisions of this chapter . A class “A”, class “AA”, special 16 class “A”, or special class “AA” beer permit does not grant 17 authority to manufacture wine as defined in section 123.3, 18 subsection 47 . 19 2. All class “A” and class “AA” premises shall be located 20 within the state. All beer received by the holder of a 21 class “A” or class “AA” beer permit from the holder of a 22 certificate of compliance before being resold must first come 23 to rest on the licensed premises of the permit holder, must be 24 inventoried, and is subject to the barrel tax when resold as 25 provided in section 123.136 . A class “A” or class “AA” beer 26 permittee shall not store beer overnight except on premises 27 licensed under a class “A” or class “AA” beer permit. 28 3. All special class “A” and special class “AA” premises 29 shall be located within the state. A person who holds a 30 special class “A” or special class “AA” beer permit for the 31 same location at which the person holds a class “C” liquor 32 control license or class “B” beer permit may manufacture and 33 sell beer to be consumed on the premises, may sell beer to a 34 class “A” or class “AA” beer permittee for resale purposes, 35 -15- LSB 5539SV (1) 86 lh/rj 15/ 106
S.F. 2283 and may sell beer to distributors outside of the state that 1 are authorized by the laws of that jurisdiction to sell beer 2 at wholesale. 3 Sec. 40. Section 123.131, Code 2016, is amended to read as 4 follows: 5 123.131 Authority under class “B” beer permit. 6 Subject to the provisions of this chapter , any person 7 holding a class “B” beer permit shall be authorized to sell 8 beer for consumption on or off the premises. However, unless 9 otherwise provided in this chapter , no sale of beer shall 10 be made for consumption on the premises unless the place 11 where such service is made is equipped with tables and seats 12 sufficient to accommodate not less than twenty-five persons at 13 one time. 14 Sec. 41. Section 123.132, Code 2016, is amended to read as 15 follows: 16 123.132 Authority under class “C” beer permit. 17 1. The holder of a class “C” beer permit shall be allowed 18 to sell beer to consumers at retail for consumption off the 19 premises. The sales made pursuant to this section shall be 20 made in original containers except as provided in subsection 2 . 21 2. Subject to the rules of the division, sales made pursuant 22 to this section may be made in a container other than the 23 original container only if all of the following requirements 24 are met: 25 a. The beer is transferred from the original container to 26 the container to be sold on the licensed premises at the time 27 of sale. 28 b. The person transferring the beer from the original 29 container to the container to be sold shall be eighteen years 30 of age or more. 31 c. The container to be sold shall be no larger than 32 seventy-two ounces. 33 d. The container to be sold shall be securely sealed by a 34 method authorized by the division that is designed so that if 35 -16- LSB 5539SV (1) 86 lh/rj 16/ 106
S.F. 2283 the sealed container is reopened or the seal tampered with, it 1 is visibly apparent that the seal on the container of beer has 2 been tampered with or the sealed container has otherwise been 3 reopened. 4 3. A container of beer other than the original container 5 that is sold and sealed in compliance with the requirements of 6 subsection 2 and the division’s rules shall not be deemed an 7 open container subject to the requirements of sections 321.284 8 and 321.284A if the sealed container is unopened and the seal 9 has not been tampered with, and the contents of the container 10 have not been partially removed. 11 4. The holder of a class “C” beer permit or the permittee’s 12 agents or employees shall not sell beer to other retail license 13 or permit holders knowing or having reasonable cause to believe 14 that the beer will be resold in another licensed establishment. 15 Sec. 42. Section 123.134, subsections 1 and 2, Code 2016, 16 are amended to read as follows: 17 1. The annual permit fee for a class “A” or special class 18 “A” beer permit is two hundred fifty dollars. 19 2. The annual permit fee for a class “AA” or special class 20 “AA” beer permit is five hundred dollars. 21 Sec. 43. Section 123.134, subsection 3, unnumbered 22 paragraph 1, Code 2016, is amended to read as follows: 23 The annual permit fee for a class “B” beer permit shall be 24 graduated according to population as follows: 25 Sec. 44. Section 123.134, subsection 4, unnumbered 26 paragraph 1, Code 2016, is amended to read as follows: 27 The annual permit fee for a class “C” beer permit shall be 28 graduated on the basis of the amount of interior floor space 29 which comprises the retail sales area of the premises covered 30 by the permit, as follows: 31 Sec. 45. Section 123.135, subsections 3, 4, and 5, Code 32 2016, are amended to read as follows: 33 3. All class “A” and class “AA” beer permit holders shall 34 sell only those brands of beer which are manufactured, brewed, 35 -17- LSB 5539SV (1) 86 lh/rj 17/ 106
S.F. 2283 bottled, shipped, or imported by a person holding a current 1 certificate of compliance. Any employee or agent working for 2 or representing the holder of a certificate of compliance 3 within this state shall submit electronically, or in a manner 4 prescribed by the administrator, the employee’s or agent’s name 5 and address with the division. 6 4. It shall be unlawful for any holder of a certificate of 7 compliance or the holder’s agent, or any class “A” or class 8 “AA” beer permit holder or the beer permit holder’s agent, to 9 grant to any retail beer permit holder, directly or indirectly, 10 any rebates, free goods, or quantity discounts on beer which 11 are not uniformly offered to all retail permittees. 12 5. Notwithstanding any other penalties provided by this 13 chapter , any holder of a certificate of compliance or any class 14 “A” or class “AA” beer permit holder who violates this chapter 15 or the rules adopted pursuant to this chapter is subject to a 16 civil penalty not to exceed one thousand dollars or suspension 17 of the holder’s certificate or permit for a period not to 18 exceed one year, or both such civil penalty and suspension. 19 Civil penalties imposed under this section shall be collected 20 and retained by the division. 21 Sec. 46. Section 123.136, subsection 1, Code 2016, is 22 amended to read as follows: 23 1. In addition to the annual permit fee to be paid by all 24 class “A” and class “AA” beer permittees under this chapter 25 there shall be levied and collected from the permittees on all 26 beer manufactured for sale or sold in this state at wholesale 27 and on all beer imported into this state for sale at wholesale 28 and sold in this state at wholesale, and from special class “A” 29 and special class “AA” beer permittees on all beer manufactured 30 for consumption on the premises, a tax of five and eighty-nine 31 hundredths dollars for every barrel containing thirty-one 32 gallons, and at a like rate for any other quantity or for the 33 fractional part of a barrel. However, no tax shall be levied 34 or collected on beer shipped outside this state by a class “A” 35 -18- LSB 5539SV (1) 86 lh/rj 18/ 106
S.F. 2283 or class “AA” beer permittee or sold by one class “A” or class 1 “AA” beer permittee to another class “A” or class “AA” beer 2 permittee. 3 Sec. 47. Section 123.137, subsection 1, Code 2016, is 4 amended to read as follows: 5 1. A person holding a class “A”, class “AA”, special class 6 “A”, or special class “AA” beer permit shall, on or before the 7 tenth day of each calendar month commencing on the tenth day of 8 the calendar month following the month in which the person is 9 issued a beer permit, make a report under oath to the division 10 electronically, or in a manner prescribed by the administrator, 11 showing the exact number of barrels of beer, or fractional 12 parts of barrels, sold by the beer permit holder during 13 the preceding calendar month. The report shall also state 14 information the administrator requires, and beer permit holders 15 shall at the time of filing a report pay to the division the 16 amount of tax due at the rate fixed in section 123.136 . 17 Sec. 48. Section 123.138, subsection 1, Code 2016, is 18 amended to read as follows: 19 1. Each class “A”, class “AA”, special class “A”, or special 20 class “AA” beer permittee shall keep proper records showing the 21 amount of beer sold by the permittee, and these records shall 22 be at all times open to inspection by the administrator and to 23 other persons pursuant to section 123.30, subsection 1 . Each 24 class “B” beer permittee, class “C” beer permittee, or retail 25 liquor control licensee shall keep proper records showing each 26 purchase of beer made by the permittee or licensee, and the 27 date and the amount of each purchase and the name of the person 28 from whom each purchase was made, which records shall be open 29 to inspection pursuant to section 123.30, subsection 1 , during 30 normal business hours of the permittee or licensee. 31 Sec. 49. Section 123.139, Code 2016, is amended to read as 32 follows: 33 123.139 Separate locations —— class “A”, class “AA”, special 34 class “A”, special class “AA”. 35 -19- LSB 5539SV (1) 86 lh/rj 19/ 106
S.F. 2283 A class “A”, class “AA”, special class “A”, or special class 1 “AA” beer permittee having more than one place of business is 2 required to have a separate beer permit for each separate place 3 of business maintained by the permittee where beer is stored, 4 warehoused, or sold. 5 Sec. 50. Section 123.140, Code 2016, is amended to read as 6 follows: 7 123.140 Separate locations —— class “B” or “C”. 8 Every person holding a class “B” or class “C” beer permit 9 having more than one place of business where such beer is sold 10 which places do not constitute a single premises within the 11 meaning of section 123.3, subsection 25 shall be required to 12 have a separate license for each separate place of business, 13 except as otherwise provided by this chapter . 14 Sec. 51. Section 123.141, Code 2016, is amended to read as 15 follows: 16 123.141 Keeping liquor where beer is sold. 17 No alcoholic liquor for beverage purposes shall be used, 18 or kept for any purpose in the place of business of class “B” 19 beer permittees, or on the premises of such class “B” beer 20 permittees, at any time. A violation of any provision of 21 this section shall be grounds for suspension or revocation 22 of the beer permit pursuant to section 123.50, subsection 23 3 . This section shall not apply in any manner or in any way 24 to the premises of any hotel or motel for which a class “B” 25 beer permit has been issued, other than that part of such 26 premises regularly used by the hotel or motel for the principal 27 purpose of selling beer or food to the general public; or to 28 drug stores regularly and continuously employing a registered 29 pharmacist, from having alcohol in stock for medicinal and 30 compounding purposes. 31 Sec. 52. Section 123.142, Code 2016, is amended to read as 32 follows: 33 123.142 Unlawful sale and importation. 34 1. It is unlawful for the holder of a class “B” or class 35 -20- LSB 5539SV (1) 86 lh/rj 20/ 106
S.F. 2283 “C” beer permit issued under this chapter to sell beer, except 1 beer brewed on the premises covered by a special class “A” 2 or special class “AA” beer permit or beer purchased from a 3 person holding a class “A” or class “AA” beer permit issued in 4 accordance with this chapter , and on which the tax provided in 5 section 123.136 has been paid. However, this section does not 6 apply to class “D” liquor control licensees as provided in this 7 chapter . 8 2. It shall be unlawful for any person not holding a class 9 “A” or class “AA” beer permit to import beer into this state 10 for the purpose of sale or resale. 11 Sec. 53. Section 123.143, subsection 3, Code 2016, is 12 amended to read as follows: 13 3. Barrel tax revenues collected on beer manufactured in 14 this state from a class “A” or class “AA” beer permittee which 15 owns and operates a brewery located in Iowa shall be credited 16 to the barrel tax fund hereby created in the office of the 17 treasurer of state. Moneys deposited in the barrel tax fund 18 shall not revert to the general fund of the state without a 19 specific appropriation by the general assembly. Moneys in the 20 barrel tax fund are appropriated to the economic development 21 authority for purposes of section 15E.117 . 22 Sec. 54. Section 123.144, subsection 1, Code 2016, is 23 amended to read as follows: 24 1. No person shall bottle beer within the state of Iowa, 25 except class “A”, special class “A”, class “AA”, and special 26 class “AA” beer permittees who have complete equipment for 27 bottling beer and who have received the approval of the local 28 board of health as to sanitation. It shall be the duty of local 29 boards of health to inspect the premises and equipment of class 30 “A”, special class “A”, class “AA”, and special class “AA” beer 31 permittees who desire to bottle beer. 32 Sec. 55. Section 135.175, subsection 1, paragraph a, Code 33 2016, is amended to read as follows: 34 a. A health care workforce support initiative is established 35 -21- LSB 5539SV (1) 86 lh/rj 21/ 106
S.F. 2283 to provide for the coordination and support of various efforts 1 to address the health care workforce shortage in this state. 2 This initiative shall include the medical residency training 3 state matching grants program created in section 135.176 , 4 the nurse residency state matching grants program created in 5 section 135.178 , and the fulfilling Iowa’s need for dentists 6 matching grant program created in section 135.179 , the health 7 care professional incentive payment program and Iowa needs 8 nurses now initiative created in sections 261.128 and 261.129 , 9 the safety net provider recruitment and retention initiatives 10 program created in section 135.153A , health care workforce 11 shortage national initiatives, and the physician assistant 12 mental health fellowship program created in section 135.177 . 13 Sec. 56. Section 135.175, subsection 6, paragraphs a and c, 14 Code 2016, are amended to read as follows: 15 a. Moneys in the fund and the accounts in the fund 16 shall only be appropriated in a manner consistent with the 17 principles specified and the strategic plan developed pursuant 18 to sections 135.163 and 135.164 to support the medical 19 residency training state matching grants program, the nurse 20 residency state matching grants program, the fulfilling Iowa’s 21 need for dentists matching grant program, the health care 22 professional incentive payment program, the Iowa needs nurses 23 now initiative, the safety net recruitment and retention 24 initiatives program, for national health care workforce 25 shortage initiatives, for the physician assistant mental health 26 fellowship program, for the purposes of the Iowa needs nurses 27 now infrastructure account, and to provide funding for state 28 health care workforce shortage programs as provided in this 29 section . 30 c. State appropriations to the fund shall be allocated in 31 equal amounts to each of the accounts within the fund, unless 32 otherwise specified in the appropriation or allocation. Any 33 federal funding received for the purposes of addressing state 34 health care workforce shortages shall be deposited in the 35 -22- LSB 5539SV (1) 86 lh/rj 22/ 106
S.F. 2283 health care workforce shortage national initiatives account, 1 unless otherwise specified by the source of the funds, and 2 shall be used as required by the source of the funds. If 3 use of the federal funding is not designated, twenty-five 4 percent of such funding shall be deposited in the safety net 5 provider network workforce shortage account to be used for the 6 purposes of the account and the remainder of the funds shall 7 be used in accordance with the strategic plan developed by the 8 department of public health in accordance with sections 135.163 9 and 135.164 , or to address workforce shortages as otherwise 10 designated by the department of public health. Other sources 11 of funding shall be deposited in the fund or account and used 12 as specified by the source of the funding. 13 Sec. 57. Section 135.176, subsection 2, paragraph a, 14 subparagraph (1), Code 2016, is amended to read as follows: 15 (1) A sponsor shall demonstrate that funds have been 16 budgeted and will be expended by the sponsor in the amount 17 required to provide matching funds for each residency position 18 proposed in the request for state matching funds. 19 Sec. 58. Section 135.185, subsection 1, paragraph b, Code 20 2016, is amended to read as follows: 21 b. “Facility” means a food establishment as defined in 22 section 137F.1 , a carnival as defined in section 88A.1 , a 23 recreational camp, a youth sports facility, or a sports area 24 arena . 25 Sec. 59. Section 135C.42, subsection 3, Code 2016, is 26 amended to read as follows: 27 3. The department shall hold the An informal conference, as 28 required in this section , shall be held concurrently with any 29 informal dispute resolution held pursuant to 42 C.F.R. §488.331 30 for those health care facilities certified under Medicare or 31 the medical assistance program. 32 Sec. 60. Section 144D.1, subsection 9, Code 2016, is amended 33 to read as follows: 34 9. “Patient” means an individual who is frail and elderly 35 -23- LSB 5539SV (1) 86 lh/rj 23/ 106
S.F. 2283 or who has a chronic, critical medical condition or a terminal 1 illness and for which a physician orders for scope of treatment 2 form is consistent with the individual’s goals of care. 3 Sec. 61. Section 153.33, Code 2016, is amended to read as 4 follows: 5 153.33 Powers of board. 6 1. Subject to the provisions of this chapter , any provision 7 of this subtitle to the contrary notwithstanding, the board 8 shall exercise the following powers: 9 1. a. (1) To initiate investigations of and conduct 10 hearings on all matters or complaints relating to the practice 11 of dentistry, dental hygiene, or dental assisting or pertaining 12 to the enforcement of any provision of this chapter , to provide 13 for mediation of disputes between licensees or registrants and 14 their patients when specifically recommended by the board, to 15 revoke or suspend licenses or registrations, or the renewal 16 thereof, issued under this or any prior chapter, to provide for 17 restitution to patients, and to otherwise discipline licensees 18 and registrants. 19 b. (2) Subsequent to an investigation by the board, the 20 board may appoint a disinterested third party to mediate 21 disputes between licensees or registrants and patients. 22 Referral of a matter to mediation shall not preclude the board 23 from taking disciplinary action against the affected licensee 24 or registrant. 25 2. b. To appoint investigators, who shall not be members 26 of the board, to administer and aid in the enforcement of 27 the provisions of law relating to those persons licensed to 28 practice dentistry and dental hygiene, and persons registered 29 as dental assistants. The amount of compensation for the 30 investigators shall be determined pursuant to chapter 8A, 31 subchapter IV . Investigators authorized by the board have the 32 powers and status of peace officers when enforcing this chapter 33 and chapters 147 and 272C . 34 3. All employees needed to administer this chapter except 35 -24- LSB 5539SV (1) 86 lh/rj 24/ 106
S.F. 2283 the executive director shall be appointed pursuant to the merit 1 system. The executive director shall serve at the pleasure of 2 the board and shall be exempt from the merit system provisions 3 of chapter 8A, subchapter IV. 4 4. c. To initiate in its own name or cause to be initiated 5 in a proper court appropriate civil proceedings against any 6 person to enforce the provisions of this chapter or this 7 subtitle relating to the practice of dentistry, and the board 8 may have the benefit of counsel in connection therewith. Any 9 such judicial proceeding as may be initiated by the board shall 10 be commenced and prosecuted in the same manner as any other 11 civil action and injunctive relief may be granted therein 12 without proof of actual damage sustained by any person but such 13 injunctive relief shall not relieve the person so enjoined from 14 criminal prosecution by the attorney general or county attorney 15 for violation of any provision of this chapter or this subtitle 16 relating to the practice of dentistry. 17 d. To adopt rules regarding infection control in dental 18 practice which are consistent with standards of the federal 19 Occupational Safety and Health Act of 1970, 29 U.S.C. §651 20 678, and recommendations of the centers for disease control. 21 e. To promulgate rules as may be necessary to implement the 22 provisions of this chapter. 23 2. All employees needed to administer this chapter except 24 the executive director shall be appointed pursuant to the merit 25 system. The executive director shall serve at the pleasure of 26 the board and shall be exempt from the merit system provisions 27 of chapter 8A, subchapter IV. 28 5. 3. In any investigation made or hearing conducted by the 29 board on its own motion, or upon written complaint filed with 30 the board by any person, pertaining to any alleged violation 31 of this chapter or the accusation against any licensee or 32 registrant, the following procedure and rules so far as 33 material to such investigation or hearing shall obtain: 34 a. The accusation of such person against any licensee 35 -25- LSB 5539SV (1) 86 lh/rj 25/ 106
S.F. 2283 or registrant shall be reduced to writing, verified by some 1 person familiar with the facts therein stated, and three copies 2 thereof filed with the board. 3 b. If the board shall deem the charges sufficient, if true, 4 to warrant suspension or revocation of license or registration, 5 it shall make an order fixing the time and place for hearing 6 thereon and requiring the licensee or registrant to appear 7 and answer thereto, such order, together with a copy of the 8 charges so made to be served upon the accused at least twenty 9 days before the date fixed for hearing, either personally or 10 by certified or registered mail, sent to the licensee’s or 11 registrant’s last known post office address as shown by the 12 records of the board. 13 c. At the time and place fixed in said notice for said 14 hearing, or at any time and place to which the said hearing 15 shall be adjourned, the board shall hear the matter and 16 may take evidence, administer oaths, take the deposition of 17 witnesses, including the person accused, in the manner provided 18 by law in civil cases, compel the appearance of witnesses 19 before it in person the same as in civil cases by subpoena 20 issued over the signature of the chairperson of the board 21 and in the name of the state of Iowa, require answers to 22 interrogatories and compel the production of books, papers, 23 accounts, documents and testimony pertaining to the matter 24 under investigation or relating to the hearing. 25 d. In all such investigations and hearings pertaining to 26 the suspension or revocation of licenses or registrations, the 27 board and any person affected thereby may have the benefit of 28 counsel, and upon the request of the licensee or registrant or 29 the licensee’s or registrant’s counsel the board shall issue 30 subpoenas for the attendance of such witnesses in behalf of the 31 licensee or registrant, which subpoenas when issued shall be 32 delivered to the licensee or registrant or the licensee’s or 33 registrant’s counsel. Such subpoenas for the attendance of 34 witnesses shall be effective if served upon the person named 35 -26- LSB 5539SV (1) 86 lh/rj 26/ 106
S.F. 2283 therein anywhere within this state, provided, that at the time 1 of such service the fees now or hereafter provided by law for 2 witnesses in civil cases in district court shall be paid or 3 tendered to such person. 4 e. In case of disobedience of a subpoena lawfully served 5 hereunder, the board or any party to such hearing aggrieved 6 thereby may invoke the aid of the district court in the county 7 where such hearing is being conducted to require the attendance 8 and testimony of such witnesses. Such district court of the 9 county within which the hearing is being conducted may, in 10 case of contumacy or refusal to obey such subpoena, issue an 11 order requiring such person to appear before said board, and if 12 so ordered give evidence touching the matter involved in the 13 hearing. Any failure to obey such order of the court may be 14 punished by such court as a contempt thereof. 15 f. If the licensee or registrant pleads guilty, or after 16 hearing shall be found guilty by the board of any of the 17 charges made, it may suspend for a limited period or revoke 18 the license or registration, and the last renewal thereof, and 19 shall enter the order on its records and notify the accused 20 of the revocation or suspension of the person’s license or 21 registration, as the case may be, who shall thereupon forthwith 22 surrender that license or registration to the board. Any such 23 person whose license or registration has been so revoked or 24 suspended shall not thereafter and while such revocation or 25 suspension is in force and effect practice dentistry, dental 26 hygiene, or dental assisting within this state. 27 g. The findings of fact made by the board acting within 28 its power shall, in the absence of fraud, be conclusive, but 29 the district court shall have power to review questions of law 30 involved in any final decision or determination of the board; 31 provided, that application is made by the aggrieved party 32 within thirty days after such determination by certiorari, 33 mandamus or such other method of review or appeal permitted 34 under the laws of this state, and to make such further orders 35 -27- LSB 5539SV (1) 86 lh/rj 27/ 106
S.F. 2283 in respect thereto as justice may require. 1 h. Pending the review and final disposition thereof by the 2 district court, the action of the board suspending or revoking 3 such license or registration shall not be stayed. 4 6. To adopt rules regarding infection control in dental 5 practice which are consistent with standards of the federal 6 Occupational Safety and Health Act of 1970, 29 U.S.C. §651 7 678, and recommendations of the centers for disease control. 8 7. 4. An inspector may be appointed by the dental board 9 pursuant to the provisions of chapter 8A, subchapter IV . 10 8. To promulgate rules as may be necessary to implement the 11 provisions of this chapter . 12 Sec. 62. Section 192.110, subsection 1, Code 2016, is 13 amended to read as follows: 14 1. The person has a pasteurized milk and milk products 15 sanitation compliance rating of ninety percent or more as 16 calculated according to the rating system as contained in 17 rules adopted by the department incorporating or incorporating 18 by reference the federal publications entitled “Procedures 19 Governing the Cooperative State-Public Health Service/Food 20 and Drug Administration Program for Certification of the 21 National Conference on Interstate Milk Shipments” and “Methods 22 of Making Sanitation Ratings of Milk Shippers”. A copy of 23 each publication shall be on file with the department or in 24 the office of the person subject to an inspection contract as 25 provided in section 192.108 . 26 Sec. 63. Section 192.118, subsection 1, Code 2016, is 27 amended to read as follows: 28 1. To insure ensure uniformity in the tests and reporting, 29 an employee certified by the United States public health 30 service of the bacteriological laboratory of the department 31 shall annually certify, in accordance with rules adopted by 32 the department incorporating or incorporating by reference the 33 federal publication entitled “Evaluation of Milk Laboratories”, 34 all laboratories doing work in the sanitary quality of 35 -28- LSB 5539SV (1) 86 lh/rj 28/ 106
S.F. 2283 milk and dairy products for public report. The approval by 1 the department shall be based on the evaluation of these 2 laboratories as to personnel training, laboratory methods 3 used, and reporting. The results on tests made by approved 4 laboratories shall be reported to the department on request, 5 on forms prescribed by the secretary of agriculture, and such 6 reports may be used by the department. 7 Sec. 64. Section 206.2, subsection 24, Code 2016, is amended 8 by striking the subsection. 9 Sec. 65. Section 218.95, subsection 1, paragraph h, Code 10 2016, is amended by striking the paragraph. 11 Sec. 66. Section 222.6, Code 2016, is amended to read as 12 follows: 13 222.6 State districts. 14 The administrator shall divide the state into two districts 15 in such manner that one of the resource centers shall be 16 located within each of the districts. Such districts may 17 from time to time be changed. After such districts have been 18 established, the administrator shall notify all boards of 19 supervisors, regional administrators of the mental health and 20 disability services regions , and clerks of the district courts 21 of the action. Thereafter, unless the administrator otherwise 22 orders, all admissions of persons with an intellectual 23 disability from a district shall be to the resource center 24 located within such district. 25 Sec. 67. Section 222.12, subsection 2, Code 2016, is amended 26 to read as follows: 27 2. Notice of the death of the patient, and the cause 28 of death, shall be sent to the regional administrator of 29 the mental health and disability services region of for the 30 patient’s county of residence. The fact of death with the 31 time, place, and alleged cause shall be entered upon the docket 32 of the court. 33 Sec. 68. Section 225.10, unnumbered paragraph 1, Code 2016, 34 is amended to read as follows: 35 -29- LSB 5539SV (1) 86 lh/rj 29/ 106
S.F. 2283 Persons suffering from mental diseases may be admitted to 1 the state psychiatric hospital as voluntary public patients 2 if a physician authorized to practice medicine or osteopathic 3 medicine in the state of Iowa files information with the 4 regional administrator of for the person’s county of residence, 5 stating all of the following: 6 Sec. 69. Section 225.13, Code 2016, is amended to read as 7 follows: 8 225.13 Financial condition. 9 The regional administrator of for the county of residence 10 of a person being admitted to the state psychiatric hospital 11 is responsible for investigating the financial condition of 12 the person and of those legally responsible for the person’s 13 support. 14 Sec. 70. Section 225.15, subsection 2, Code 2016, is amended 15 to read as follows: 16 2. A proper and competent nurse shall also be assigned to 17 look after and care for the respondent during observation, 18 treatment, and care. Observation, treatment, and hospital 19 care under this section which are payable in whole or in part 20 by a county shall only be provided as determined through the 21 regional administrator of for the respondent’s county of 22 residence. 23 Sec. 71. Section 225.17, subsection 2, Code 2016, is amended 24 to read as follows: 25 2. When the respondent arrives at the hospital, the 26 respondent shall receive the same treatment as is provided for 27 committed public patients in section 225.15 , in compliance with 28 sections 229.13 to 229.16 . However, observation, treatment, 29 and hospital care under this section of a respondent whose 30 expenses are payable in whole or in part by a county shall only 31 be provided as determined through the regional administrator of 32 for the respondent’s county of residence. 33 Sec. 72. Section 225C.14, subsection 1, Code 2016, is 34 amended to read as follows: 35 -30- LSB 5539SV (1) 86 lh/rj 30/ 106
S.F. 2283 1. Except in cases of medical emergency, a person shall be 1 admitted to a state mental health institute as an inpatient 2 only after a preliminary diagnostic evaluation performed 3 through the regional administrator of for the person’s county 4 of residence has confirmed that the admission is appropriate 5 to the person’s mental health needs, and that no suitable 6 alternative method of providing the needed services in a less 7 restrictive setting or in or nearer to the person’s home 8 community is currently available. If provided for through the 9 regional administrator, the evaluation may be performed by a 10 community mental health center or by an alternative diagnostic 11 facility. The policy established by this section shall be 12 implemented in the manner and to the extent prescribed by 13 sections 225C.15 , 225C.16 , and 225C.17 . 14 Sec. 73. Section 225C.16, subsection 2, Code 2016, is 15 amended to read as follows: 16 2. The clerk of the district court in that county shall 17 refer a person applying for authorization for voluntary 18 admission, or for authorization for voluntary admission of 19 another person, in accordance with section 229.42 , to the 20 regional administrator of for the person’s county of residence 21 under section 225C.14 for the preliminary diagnostic evaluation 22 unless the applicant furnishes a written statement from the 23 appropriate entity which indicates that the evaluation has been 24 performed and that the person’s admission to a state mental 25 health institute is appropriate. This subsection does not 26 apply when authorization for voluntary admission is sought 27 under circumstances which, in the opinion of the chief medical 28 officer or that officer’s physician designee, constitute a 29 medical emergency. 30 Sec. 74. Section 225C.19A, Code 2016, is amended to read as 31 follows: 32 225C.19A Crisis stabilization programs. 33 The department shall accredit, certify, or apply standards 34 of review to authorize the operation of crisis stabilization 35 -31- LSB 5539SV (1) 86 lh/rj 31/ 106
S.F. 2283 programs , including crisis stabilization programs operating 1 in a psychiatric medical institution for children pursuant 2 to chapter 135H that provide children with mental health, 3 substance abuse, and co-occurring mental health and substance 4 abuse services. In authorizing the operation of a crisis 5 stabilization program, the department shall apply the 6 relevant requirements for an emergency mental health crisis 7 services provider and system under section 225C.19 . A program 8 authorized to operate under this section is not required to 9 be licensed under chapter 135B , 135C , or 135G , or 135H, or 10 certified under chapter 231C . The commission shall adopt 11 rules to implement this section . The department shall accept 12 accreditation of a crisis stabilization program by a national 13 accrediting organization in lieu of applying the rules adopted 14 in accordance with this section to the program. 15 Sec. 75. Section 226.9C, subsection 2, paragraph c, Code 16 2016, is amended to read as follows: 17 c. (1) Prior to an individual’s admission for dual 18 diagnosis treatment, the individual shall have been 19 prescreened. The person performing the prescreening shall be 20 either the mental health professional, as defined in section 21 228.1 , who is contracting with the regional administrator for 22 the county’s mental health and disability services region to 23 provide the prescreening or a mental health professional with 24 the requisite qualifications. A mental health professional 25 with the requisite qualifications shall meet all of the 26 following qualifications: is 27 (a) Is a mental health professional as defined in section 28 228.1 , is . 29 (b) Is an alcohol and drug counselor certified by the 30 nongovernmental Iowa board of substance abuse certification , 31 and is . 32 (c) Is employed by or providing services for a facility, as 33 defined in section 125.2 . 34 (2) Prior to an individual’s admission for dual diagnosis 35 -32- LSB 5539SV (1) 86 lh/rj 32/ 106
S.F. 2283 treatment, the individual shall have been screened through a 1 county’s the regional administrator for the county to determine 2 the appropriateness of the treatment. 3 Sec. 76. Section 227.1, subsection 2, Code 2016, is amended 4 to read as follows: 5 2. The regulatory requirements for county and private 6 institutions where persons with mental illness or an 7 intellectual disability are admitted, committed, or placed 8 shall be under the supervision of administered by the 9 administrator. 10 Sec. 77. Section 228.1, subsection 6, paragraph b, Code 11 2016, is amended to read as follows: 12 b. The individual holds a current Iowa license if 13 practicing in a field covered by an Iowa licensure law and is 14 a psychiatrist, an advanced registered nurse practitioner who 15 holds a national certification in psychiatric mental health 16 care and is licensed by the board of nursing, a physician 17 assistant practicing under the supervision of a psychiatrist, 18 or an individual who holds a doctorate degree in psychology and 19 is licensed by the board of psychology. 20 Sec. 78. Section 229.13, subsection 1, paragraph a, Code 21 2016, is amended to read as follows: 22 a. The court shall order a respondent whose expenses are 23 payable in whole or in part by a mental health and disability 24 services region placed under the care of an appropriate 25 hospital or facility designated through the county’s regional 26 administrator for the county on an inpatient or outpatient 27 basis. 28 Sec. 79. Section 229.14, subsection 2, paragraph a, Code 29 2016, is amended to read as follows: 30 a. For a respondent whose expenses are payable in whole 31 or in part by a mental health and disability services region, 32 placement as designated through the county’s regional 33 administrator for the county in the care of an appropriate 34 hospital or facility on an inpatient or outpatient basis, or 35 -33- LSB 5539SV (1) 86 lh/rj 33/ 106
S.F. 2283 other appropriate treatment, or in an appropriate alternative 1 placement. 2 Sec. 80. Section 229.14A, subsections 7 and 9, Code 2016, 3 are amended to read as follows: 4 7. If a respondent’s expenses are payable in whole or in 5 part by a mental health and disability services region through 6 the county’s regional administrator for the county , notice of 7 a placement hearing shall be provided to the county attorney 8 and the regional administrator. At the hearing, the county may 9 present evidence regarding appropriate placement. 10 9. A placement made pursuant to an order entered under 11 section 229.13 or 229.14 or this section shall be considered 12 to be authorized through the county’s regional administrator 13 for the county . 14 Sec. 81. Section 230.1, subsection 3, Code 2016, is amended 15 to read as follows: 16 3. A mental health and disability services region or county 17 of residence is not liable for costs and expenses associated 18 with a person with mental illness unless the costs and expenses 19 are for services and other support authorized for the person 20 through the county’s regional administrator for the county . 21 For the purposes of this chapter , “regional administrator” means 22 the same as defined in section 331.388 . 23 Sec. 82. Section 230.3, Code 2016, is amended to read as 24 follows: 25 230.3 Certification of residence. 26 If a person’s county of residence is determined by the 27 county’s regional administrator for a county to be in another 28 county of this state, the regional administrator making 29 the determination shall certify the determination to the 30 superintendent of the hospital to which the person is admitted 31 or committed. The certification shall be accompanied by a copy 32 of the evidence supporting the determination. Upon receiving 33 the certification, the superintendent shall charge the expenses 34 already incurred and unadjusted, and all future expenses of 35 -34- LSB 5539SV (1) 86 lh/rj 34/ 106
S.F. 2283 the person, to the regional administrator of for the county 1 determined to be the county of residence. 2 Sec. 83. Section 232.2, subsection 4, paragraph f, 3 subparagraph (3), Code 2016, is amended to read as follows: 4 (3) The transition plan shall be developed and reviewed 5 by the department in collaboration with a child-centered 6 transition team. The transition team shall be comprised of 7 the child’s caseworker and persons selected by the child, 8 persons who have knowledge of services available to the child, 9 and any person who may reasonably be expected to be a service 10 provider for the child when the child becomes an adult or to 11 become responsible for the costs of services at that time. 12 If the child is reasonably likely to need or be eligible for 13 adult services, the transition team membership shall include 14 representatives from the adult services system. The adult 15 services system representatives may include but are not limited 16 to the administrator of county general relief under chapter 251 17 or 252 or the regional administrator of the county county’s 18 mental health and disability services region, as defined in 19 section 331.388 . The membership of the transition team and 20 the meeting dates for the team shall be documented in the 21 transition plan. 22 Sec. 84. Section 234.6, Code 2016, is amended to read as 23 follows: 24 234.6 Powers and duties of the administrator. 25 1. The administrator shall be vested with the authority to 26 administer the family investment program, state supplementary 27 assistance, food programs, child welfare, and emergency relief, 28 family and adult service programs, and any other form of public 29 welfare assistance and institutions that are placed under 30 the administrator’s administration. The administrator shall 31 perform duties, formulate and adopt rules as may be necessary; 32 shall outline policies, dictate procedure, and delegate 33 such powers as may be necessary for competent and efficient 34 administration. Subject to restrictions that may be imposed 35 -35- LSB 5539SV (1) 86 lh/rj 35/ 106
S.F. 2283 by the director of human services and the council on human 1 services, the administrator may abolish, alter, consolidate, 2 or establish subdivisions and may abolish or change offices 3 previously created. The administrator may employ necessary 4 personnel and fix their compensation; may allocate or 5 reallocate functions and duties among any subdivisions now 6 existing or later established; and may adopt rules relating 7 to the employment of personnel and the allocation of their 8 functions and duties among the various subdivisions as 9 competent and efficient administration may require. The 10 administrator shall: 11 1. a. Cooperate with the social security administration 12 created by the Social Security Act and codified at 42 U.S.C. 13 §901, or other agency of the federal government for public 14 welfare assistance, in such reasonable manner as may be 15 necessary to qualify for federal aid, including the making of 16 such reports in such form and containing such information as 17 the social security administration, from time to time, may 18 require, and to comply with such regulations as such social 19 security administration, from time to time, may find necessary 20 to assure the correctness and verification of such reports. 21 2. b. Furnish information to acquaint the public generally 22 with the operation of the Acts under the jurisdiction of the 23 administrator. 24 3. c. With the approval of the director of human services, 25 the governor, the director of the department of management, 26 and the director of the department of administrative services, 27 set up from the funds under the administrator’s control and 28 management an administrative fund and from the administrative 29 fund pay the expenses of operating the division. 30 4. d. Notwithstanding any provisions to the contrary 31 in chapter 239B relating to the consideration of income and 32 resources of claimants for assistance, the administrator, with 33 the consent and approval of the director of human services and 34 the council on human services, shall make such rules as may be 35 -36- LSB 5539SV (1) 86 lh/rj 36/ 106
S.F. 2283 necessary to qualify for federal aid in the assistance programs 1 administered by the administrator. 2 5. The department of human services shall have the power 3 and authority to use the funds available to it, to purchase 4 services of all kinds from public or private agencies to 5 provide for the needs of children, including but not limited to 6 psychiatric services, supervision, specialized group, foster 7 homes and institutional care. 8 6. e. Have authority to use funds available to the 9 department, subject to any limitations placed on the use 10 thereof by the legislation appropriating the funds, to provide 11 to or purchase, for families and individuals eligible therefor, 12 services including but not limited to the following: 13 a. (1) Child care for children or adult day services, 14 in facilities which are licensed or are approved as meeting 15 standards for licensure. 16 b. (2) Foster care, including foster family care, group 17 homes and institutions. 18 c. (3) Family-centered services, as defined in section 19 232.102, subsection 10 , paragraph “b” . 20 d. (4) Family planning. 21 e. (5) Protective services. 22 f. (6) Services or support provided to a child with an 23 intellectual disability or other developmental disability or 24 to the child’s family. 25 g. (7) Transportation services. 26 h. (8) Any services, not otherwise enumerated in this 27 subsection paragraph “e” , authorized by or pursuant to the 28 United States Social Security Act of 1934, as amended. 29 7. f. Administer the food programs authorized by federal 30 law, and recommend rules necessary in the administration of 31 those programs to the director for promulgation pursuant to 32 chapter 17A . 33 8. g. Provide consulting and technical services to the 34 director of the department of education, or the director’s 35 -37- LSB 5539SV (1) 86 lh/rj 37/ 106
S.F. 2283 designee, upon request, relating to prekindergarten, 1 kindergarten, and before and after school programming and 2 facilities. 3 9. h. Recommend rules for their adoption by the council on 4 human services for before and after school child care programs, 5 conducted within and by or contracted for by school districts, 6 that are appropriate for the ages of the children who receive 7 services under the programs. 8 2. The department of human services shall have the power 9 and authority to use the funds available to it, to purchase 10 services of all kinds from public or private agencies to 11 provide for the needs of children, including but not limited to 12 psychiatric services, supervision, specialized group, foster 13 homes, and institutional care. 14 10. 3. In determining the reimbursement rate for services 15 purchased by the department of human services from a person 16 or agency, the department shall not include private moneys 17 contributed to the person or agency unless the moneys are 18 contributed for services provided to a specific individual. 19 Sec. 85. Section 249K.2, subsection 3, Code 2016, is amended 20 to read as follows: 21 3. “Iowa Medicaid enterprise” means Iowa Medicaid enterprise 22 as defined in section 135.154 135D.2 . 23 Sec. 86. Section 257.42, Code 2016, is amended to read as 24 follows: 25 257.42 Gifted and talented children. 26 1. Boards of school districts, individually or jointly 27 with the boards of other school districts, shall annually 28 submit program plans for gifted and talented children programs 29 and budget costs to the department of education and to the 30 applicable gifted and talented children advisory council, if 31 an advisory council has been established, as provided in this 32 chapter . 33 2. The parent or guardian of a pupil may request that a 34 gifted and talented children program be established for pupils 35 -38- LSB 5539SV (1) 86 lh/rj 38/ 106
S.F. 2283 who qualify as gifted and talented children under section 1 257.44 , including demonstrated achievement or potential ability 2 in a single subject area. 3 3. The department of education shall employ one full-time 4 qualified staff member or consultant for gifted and talented 5 children programs. 6 4. The department of education shall adopt rules under 7 chapter 17A relating to the administration of this section 8 and sections 257.42 257.43 through 257.49 . The rules shall 9 prescribe the format of program plans submitted under section 10 257.43 and shall require that programs fulfill specified 11 objectives. The department shall encourage and assist school 12 districts to provide programs for gifted and talented children. 13 5. The department of education may request that the staff 14 of the auditor of state conduct an independent program audit 15 to verify that the gifted and talented programs conform to a 16 district’s program plans. 17 Sec. 87. Section 261.113, subsections 2 and 7, Code 2016, 18 are amended to read as follows: 19 2. Eligibility. An individual is eligible to apply to enter 20 into a program agreement with the commission if the individual 21 is enrolled full-time in and receives a recommendation 22 from the state university of Iowa college of medicine or 23 Des Moines university —— osteopathic medical center in a 24 curriculum leading to a doctor of medicine degree or a doctor 25 of osteopathy osteopathic medicine degree. 26 7. Rules for additional loan repayment. The commission 27 shall adopt rules to provide, in addition to loan repayment 28 provided to eligible students pursuant to this section and 29 subject to the availability of surplus funds, loan repayment 30 to a physician who received a doctor of medicine or osteopathy 31 doctor of osteopathic medicine degree from an eligible 32 university as provided in subsection 2 , obtained a license 33 to practice medicine and surgery or osteopathic medicine and 34 surgery in this state, completed the physician’s residency 35 -39- LSB 5539SV (1) 86 lh/rj 39/ 106
S.F. 2283 program requirement with an Iowa-based residency program, and 1 is engaged in the full-time practice of medicine and surgery 2 or osteopathic medicine and surgery as specified in subsection 3 3 , paragraph “d” . 4 Sec. 88. Section 261.113, subsection 3, unnumbered 5 paragraph 1, Code 2016, is amended to read as follows: 6 A program agreement shall be entered into by an eligible 7 student and the commission during the eligible student’s final 8 year of study leading to a doctor of medicine or osteopathy 9 doctor of osteopathic medicine degree. Under the agreement, to 10 receive loan repayments pursuant to subsection 5 , an eligible 11 student shall agree to and shall fulfill all of the following 12 requirements: 13 Sec. 89. Section 261.113, subsection 3, paragraph a, Code 14 2016, is amended to read as follows: 15 a. Receive a doctor of medicine or osteopathy doctor of 16 osteopathic medicine degree from an eligible university and 17 apply for, enter, and complete a residency program approved by 18 the commission. 19 Sec. 90. Section 261G.4, subsection 2, Code 2016, is amended 20 to read as follows: 21 2. Notwithstanding any other provision of law to the 22 contrary, a participating resident institution shall be 23 required to register under chapter 261B or to comply with the 24 registration and disclosure requirements of chapter 261 or 261B 25 or section 714.17, subsections 2 and 3 , or sections 714.18 , 26 714.20 , 714.21 , and 714.23 , or section 714.24, subsections 1, 27 2, 3, 4, and 5 , or section 714.25 , if the provisions of the 28 interstate reciprocity agreement require such registration or 29 compliance. 30 Sec. 91. Section 275.1, subsection 3, Code 2016, is amended 31 to read as follows: 32 3. If a district is attached, division of assets and 33 liabilities shall be made as provided in sections 275.29 to 34 through 275.31 . The area education agency boards shall develop 35 -40- LSB 5539SV (1) 86 lh/rj 40/ 106
S.F. 2283 detailed studies and surveys of the school districts within 1 the area education agency and all adjacent territory for the 2 purpose of providing for reorganization of school districts in 3 order to effect more economical operation and the attainment 4 of higher standards of education in the schools. The plans 5 shall be revised periodically to reflect reorganizations which 6 may have taken place in the area education agency and adjacent 7 territory. 8 Sec. 92. Section 275.28, Code 2016, is amended to read as 9 follows: 10 275.28 Plan of division of assets and liabilities. 11 In addition to setting up the territory to comprise the 12 reorganized districts, a reorganization petition shall provide 13 for a division of assets and liabilities of the districts 14 affected among the reorganized districts. However, if 15 territory is excluded from the reorganized district by the 16 petition or by the area education agency board of directors, 17 the division of all assets and liabilities shall be made under 18 the provisions of sections 275.29 to through 275.31 . 19 Sec. 93. Section 307.24, subsection 5, unnumbered paragraph 20 1, Code 2016, is amended to read as follows: 21 Construct, reconstruct, improve, and maintain state 22 institutional roads and state park roads which are part of the 23 state park, state institution, and other state land road system 24 as defined in section 306.3 , and bridges on such roads, roads 25 located on state fairgrounds as defined described in chapter 26 173 , and the roads and bridges located on property of community 27 colleges as defined in section 260C.2 , upon the request of the 28 state board, department, or commission which has jurisdiction 29 over such roads. This shall be done in such manner as may be 30 agreed upon by the state transportation commission and the 31 state board, department, or commission which has jurisdiction. 32 The commission may contract with any county or municipality for 33 the construction, reconstruction, improvement, or maintenance 34 of such roads and bridges. Any state park road which is an 35 -41- LSB 5539SV (1) 86 lh/rj 41/ 106
S.F. 2283 extension of either a primary or secondary highway which both 1 enters and exits from a state park at separate points shall 2 be constructed, reconstructed, improved, and maintained as 3 provided in section 306.4 . Funds allocated from the road 4 use tax fund for the purposes of this subsection shall be 5 apportioned in the following manner and amounts: 6 Sec. 94. Section 307.46, subsection 2, Code 2016, is amended 7 to read as follows: 8 2. On or before June 30 of the fiscal year following the 9 fiscal year in which funds were encumbered under this section , 10 the department shall report to the joint transportation, 11 infrastructure, and capitals appropriations subcommittee, the 12 legislative services agency, the department of management, the 13 general assembly’s standing committees on government oversight, 14 and the legislative fiscal and oversight committees committee 15 of the legislative council detailing how the moneys were 16 expended. Moneys shall not be encumbered under this section 17 from an appropriation which received a transfer from another 18 appropriation pursuant to section 8.39 . 19 Sec. 95. Section 307A.2, subsection 4, Code 2016, is amended 20 to read as follows: 21 4. The Adopt rules pursuant to chapter 17A establishing the 22 criteria to be used by the commission for allocating funds as a 23 result of any long-range planning process shall be adopted in 24 accordance with the provisions of chapter 17A . The commission 25 shall adopt such rules and regulations in accordance with the 26 provisions of chapter 17A as it may deem necessary to transact 27 its business and for the administration and exercise of its 28 powers and duties. 29 Sec. 96. Section 310.28, Code 2016, is amended to read as 30 follows: 31 310.28 Engineering and other expense. 32 1. Engineering, inspection and administration expense in 33 connection with any farm-to-market road project may be paid 34 from said the county’s allotment of the farm-to-market road 35 -42- LSB 5539SV (1) 86 lh/rj 42/ 106
S.F. 2283 fund. Any such expense incurred by the department may in the 1 first instance be advanced out of the primary road fund, said 2 and such expense amounts later being shall later be reimbursed 3 to said funds the primary road fund out of the farm-to-market 4 road fund. 5 2. Provided, that no No part of the salary or expense of the 6 county engineer, any member of the county board of supervisors, 7 any member of the department, the chief engineer, or any 8 department head or district engineer of the department shall be 9 paid out of the farm-to-market road fund. 10 Sec. 97. Section 313.2, subsection 3, Code 2016, is amended 11 to read as follows: 12 3. The department may, for the purpose of affording access 13 to cities or state parks, or for the purpose of shortening 14 the direct line of travel on important routes, or to effect 15 connections with interstate roads at the state line, add such 16 road or roads to the primary road system. 17 Sec. 98. Section 313.12, Code 2016, is amended to read as 18 follows: 19 313.12 Supervision and inspection. 20 The department is expressly charged with the duty of 21 supervision, inspection and direction of the work of 22 construction of primary roads on behalf of the state, and 23 of supervising the expenditure of all funds paid on account 24 of such work by the state or the county on the primary road 25 system and it shall do and perform all other matters and 26 things necessary to the faithful completion of the work herein 27 authorized. 28 Sec. 99. Section 313.64, Code 2016, is amended to read as 29 follows: 30 313.64 Financial statement annually. 31 1. If the department accepts the offer of any bridge over a 32 boundary stream and enters into a written agreement in relation 33 to the bridge as provided in sections 313.59 to through 313.63 , 34 this section , and section 313.65 , the owner or operator of the 35 -43- LSB 5539SV (1) 86 lh/rj 43/ 106
S.F. 2283 bridge shall thereafter and until all indebtedness or other 1 obligations against the bridge have been paid and discharged 2 annually file with the department a sworn statement of its 3 financial condition. The statement shall show funds on 4 hand and indebtedness at the beginning and end of the year, 5 receipts, disbursements, indebtedness retired during the year 6 and any other information required by the department to show 7 the true and complete condition of the finances with respect to 8 the bridge and bridge approaches. 9 2. The annual budget of authorized operating and other 10 expenditures for or on behalf of such bridge and approaches 11 shall be approved by the department before becoming effective. 12 Expenditures during the year shall not exceed the approved 13 budget unless an increase in the annual budget be likewise 14 approved by the department. 15 Sec. 100. Section 313.65, unnumbered paragraph 1, Code 16 2016, is amended to read as follows: 17 Before any bridge owned by any individual or private 18 corporation shall be accepted by the department under the 19 provisions of sections 313.59 to through 313.64 , the proposal 20 and acceptance shall first be approved by the following 21 tax levying and tax certifying bodies located in the tax 22 district: 23 Sec. 101. Section 321.1, subsections 1A and 20A, Code 2016, 24 are amended to read as follows: 25 1A. “Air bag” or “airbag” means a motor vehicle inflatable 26 occupant restraint system that operates in the event of a crash 27 and is designed in accordance with federal motor vehicle safety 28 standards for the specific make, model, and year of the motor 29 vehicle in which it is or will be installed. “Air bag” includes 30 all component parts to a motor vehicle inflatable occupant 31 restraint system, including but not limited to the cover, 32 sensors, controllers, inflators, wiring, and seat belt systems. 33 20A. “Driver’s license” means any license or permit issued 34 to a person to operate a motor vehicle on the highways of this 35 -44- LSB 5539SV (1) 86 lh/rj 44/ 106
S.F. 2283 state, including but not limited to a temporary restricted or 1 temporary license and an instruction, chauffeur’s instruction, 2 commercial learner’s permit , or temporary permit. For purposes 3 of license suspension, revocation, bar, disqualification, 4 cancellation, or denial under this chapter and chapters 321A , 5 321C , and 321J , “driver’s license” includes any privilege to 6 operate a motor vehicle. 7 Sec. 102. Section 321.12, subsection 1, Code 2016, is 8 amended to read as follows: 9 1. The director may destroy any records of the department 10 which have been maintained on file for three years and which 11 the director deems obsolete and of no further service in 12 carrying out the powers and duties of the department, except as 13 otherwise provided in this section . 14 Sec. 103. Section 321.69, subsection 10, paragraph a, Code 15 2016, is amended to read as follows: 16 a. A person shall not sell, lease, or trade a motor vehicle 17 if the person knows or reasonably should know that the motor 18 vehicle contains a nonoperative airbag air bag that is part 19 of an inflatable restraint system, or that the motor vehicle 20 has had an airbag air bag removed and not replaced, unless 21 the person clearly discloses, in writing, to the person to 22 whom the person is selling, leasing, or trading the vehicle, 23 prior to the sale, lease, or trade, that the airbag air bag 24 is missing or nonoperative. In addition, a lessee who has 25 executed a lease as defined in section 321F.1 shall provide the 26 disclosure statement required in this subsection to the lessor 27 upon termination of the lease. 28 Sec. 104. Section 321G.1, subsection 10, Code 2016, is 29 amended by striking the subsection. 30 Sec. 105. Section 321H.2, subsection 4, Code 2016, is 31 amended to read as follows: 32 4. “National motor vehicle title information system” means 33 the federally mandated motor vehicle title history database 34 established pursuant to 49 U.S.C. §30502 and maintained by the 35 -45- LSB 5539SV (1) 86 lh/rj 45/ 106
S.F. 2283 United States department of justice that links the states’ 1 motor vehicle title records, including the department’s title 2 records, and that requires the reporting of junk and salvage 3 motor vehicles in order to ensure that states, law enforcement 4 agencies, insurers, and consumers have access to information 5 that enables the verification of a vehicle’s history, and the 6 accuracy and legality of a motor vehicle’s title, before a 7 purchase or title transfer occurs. 8 Sec. 106. Section 321I.1, subsection 11, Code 2016, is 9 amended by striking the subsection. 10 Sec. 107. Section 321M.1, subsections 2, 4, and 8, Code 11 2016, are amended to read as follows: 12 2. “County issuance” means the system or process of issuing 13 driver’s licenses, nonoperator nonoperator’s identification 14 cards, and persons with disabilities identification devices, 15 including all related testing, to the same extent that such 16 items are issued by the department. 17 4. “Digitized photolicensing equipment” means the machines 18 and related materials, obtained pursuant to contract, the use 19 of which results in the on-site production of driver’s licenses 20 and nonoperator nonoperator’s identification cards. 21 8. “Nonoperator “Nonoperator’s identification card” means 22 the card issued pursuant to section 321.190 that contains 23 information pertaining to the personal characteristics of the 24 applicant but does not convey to the person issued the card any 25 operating privileges for any motor vehicle. 26 Sec. 108. Section 321M.2, Code 2016, is amended to read as 27 follows: 28 321M.2 Relation to other laws. 29 Notwithstanding provisions of chapter 321 or 321L that grant 30 sole authority to the department for the issuance of driver’s 31 licenses, nonoperator nonoperator’s identification cards, and 32 persons with disabilities identification devices, certain 33 counties shall be authorized to issue driver’s licenses, 34 nonoperator nonoperator’s identification cards, and persons 35 -46- LSB 5539SV (1) 86 lh/rj 46/ 106
S.F. 2283 with disabilities identification devices, according to the 1 requirements of this chapter . 2 Sec. 109. Section 321M.3, Code 2016, is amended to read as 3 follows: 4 321M.3 Authorization to issue licenses. 5 Adair, Adams, Allamakee, Appanoose, Audubon, Benton, 6 Boone, Bremer, Buchanan, Buena Vista, Butler, Calhoun, 7 Cass, Cedar, Cherokee, Chickasaw, Clarke, Clayton, Crawford, 8 Dallas, Davis, Decatur, Delaware, Dickinson, Emmet, Fayette, 9 Floyd, Franklin, Fremont, Greene, Grundy, Guthrie, Hamilton, 10 Hancock, Hardin, Harrison, Henry, Howard, Humboldt, Ida, 11 Iowa, Jackson, Jasper, Jefferson, Jones, Keokuk, Kossuth, 12 Lee, Louisa, Lucas, Lyon, Madison, Mahaska, Marion, Mills, 13 Mitchell, Monona, Monroe, Montgomery, O’Brien, Osceola, 14 Page, Palo Alto, Plymouth, Pocahontas, Poweshiek, Ringgold, 15 Sac, Shelby, Sioux, Tama, Taylor, Union, Van Buren, Warren, 16 Washington, Wayne, Winnebago, Winneshiek, Worth, and Wright 17 counties shall be authorized to issue driver’s licenses, 18 nonoperator nonoperator’s identification cards, and persons 19 with disabilities identification devices on a permanent basis, 20 provided that such counties continue to meet the department’s 21 standards for issuance. 22 Sec. 110. Section 321M.4, Code 2016, is amended to read as 23 follows: 24 321M.4 Termination of authorization —— failure to meet 25 standards. 26 1. If a county is subject to termination of its county 27 issuance authorization for failure to meet the department’s 28 standards for issuance, the county shall not issue driver’s 29 licenses, nonoperator nonoperator’s identification cards, or 30 persons with disabilities identification devices until the 31 county has been reauthorized by the department. 32 2. The department is not obligated to provide service 33 in a county for issuance of driver’s licenses, nonoperator 34 nonoperator’s identification cards, or persons with 35 -47- LSB 5539SV (1) 86 lh/rj 47/ 106
S.F. 2283 disabilities identification devices if the county fails to meet 1 the department’s standards for issuance. 2 Sec. 111. Section 327G.32, subsection 2, paragraph a, Code 3 2016, is amended to read as follows: 4 a. An officer or employee of a railroad corporation 5 violating a provision of this section is, upon conviction, 6 subject to the a schedule “two” penalty provided in under 7 section 327G.14 327C.5 . 8 Sec. 112. Section 331.557A, subsections 1 and 3, Code 2016, 9 are amended to read as follows: 10 1. Issue, renew, and replace lost or damaged nonoperator 11 nonoperator’s identification cards and driver’s licenses, 12 including commercial driver’s licenses, according to the 13 provisions of chapter 321M . 14 3. Collect fees associated with nonoperator nonoperator’s 15 identification cards and driver’s licenses, including 16 commercial driver’s licenses, and pay to the state amounts in 17 excess of the amount the treasurer is permitted to retain for 18 deposit in the county general fund for license issuance. 19 Sec. 113. Section 331.802, subsection 3, paragraph a, Code 20 2016, is amended to read as follows: 21 a. Violent death, including homicidal homicide , suicidal 22 suicide , or accidental death. 23 Sec. 114. Section 331.910, subsection 4, paragraphs a, b, 24 and e, Code 2016, are amended to read as follows: 25 a. A person who is detained, committed, or placed on an 26 involuntary basis under section 125.75 or 229.6 may be civilly 27 committed and treated in another state pursuant to a contract 28 under this section subsection . 29 b. A person who is detained, committed, or placed on 30 an involuntary basis under the civil commitment laws of a 31 bordering state substantially similar to section 125.75 or 32 229.6 may be civilly committed and treated in this state 33 pursuant to a contract under this section subsection . 34 e. A person who is detained, committed, or placed under the 35 -48- LSB 5539SV (1) 86 lh/rj 48/ 106
S.F. 2283 laws of a sending state and who is transferred to a receiving 1 state under this section subsection shall be considered to 2 be in the legal custody of the authority responsible for the 3 person under the laws of the sending state with respect to the 4 involuntary civil commitment of the person due to a mental 5 illness or a substance-related disorder. 6 Sec. 115. Section 426B.3, subsection 5, Code 2016, is 7 amended by striking the subsection. 8 Sec. 116. Section 428.35, subsection 1, Code 2016, is 9 amended to read as follows: 10 1. Definitions. “Person” as used herein means individuals, 11 corporations, firms and associations of whatever form. 12 “Handling or handled” as used herein means the receiving of 13 grain at or in each elevator, warehouse, mill, processing plant 14 or other facility in this state in which it is received for 15 storage, accumulation, sale, processing or for any purpose 16 whatsoever. As used in this section: 17 a. “Grain” as used herein means wheat, corn, barley, 18 oats, rye, flaxseed, field peas, soybeans, grain sorghums, 19 spelts, and such other products as are usually stored in 20 grain elevators. Such term excludes such seeds after being 21 processed, and the products of such processing when packaged or 22 sacked. The term “processing” 23 b. “Handling or handled” means the receiving of grain at or 24 in each elevator, warehouse, mill, processing plant, or other 25 facility in this state in which it is received for storage, 26 accumulation, sale, processing, or for any purpose whatsoever. 27 c. “Person” means individuals, corporations, firms, and 28 associations of whatever form. 29 d. “Processing” shall not include hulling, cleaning, drying, 30 grading , or polishing. 31 Sec. 117. Section 434.22, Code 2016, is amended to read as 32 follows: 33 434.22 Levy and collection of tax. 34 At the first meeting of the board of supervisors held after 35 -49- LSB 5539SV (1) 86 lh/rj 49/ 106
S.F. 2283 said the statement of the department of revenue under section 1 434.17 is received by the county auditor, the board shall cause 2 the same to be entered on its minute book, and make and enter in 3 the minute book an order stating the length of the main track 4 and the assessed value of each railway lying in each city, 5 township, or lesser taxing district in its county, through or 6 into which the railway extends, as fixed by the department 7 of revenue, which shall constitute the taxable value of the 8 property for taxing purposes; and the taxes on the property, 9 when collected by the county treasurer, shall be disposed of as 10 other taxes. The county auditor shall transmit a copy of the 11 order to the council or trustees of the city or township. 12 Sec. 118. Section 437.10, Code 2016, is amended to read as 13 follows: 14 437.10 Entry of certificate. 15 At the first meeting of the board of supervisors held 16 after said the statements of the department of revenue under 17 section 437.9 are received by the county auditor, the board 18 shall cause such statement to be entered in