Senate File 2335 - Introduced SENATE FILE 2335 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO SSB 3167) (COMPANION TO LSB 5784HV 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 retroactive applicability provisions. 6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 7 TLSB 5784SV (4) 87 lh/rj

S.F. 2335 Section 1. Section 1.8, Code 2018, is amended to read as 1 follows: 2 1.8 Applicability of statute. 3 Section 1.4 shall apply to all lands acquired under sections 4 1.5 to through 1.7 . 5 Sec. 2. Section 1.13, Code 2018, is amended to read as 6 follows: 7 1.13 Existing trusts not affected. 8 Nothing in sections section 1.12 to , this section, 9 or section 1.14 or 1.15 shall authorize the alienation, 10 encumbrance, or taxation of any real or personal property, 11 including water rights, belonging to any Indian or Indian 12 tribe, band, or community that is held in trust by the United 13 States or is subject to a restriction against alienation 14 imposed by the United States; or shall authorize regulation 15 of the use of such property in a manner inconsistent with any 16 federal treaty, agreement, or statute or with any regulation 17 made pursuant thereto; or shall confer jurisdiction upon the 18 state to adjudicate, in probate proceedings or otherwise, 19 the ownership or right to possession of such property or any 20 interest therein. 21 Sec. 3. Section 1.14, Code 2018, is amended to read as 22 follows: 23 1.14 Tribal ordinances or customs enforced. 24 Any tribal ordinance or custom heretofore or hereafter 25 adopted by the governing council of the Sac and Fox Indian 26 settlement in Tama county in the exercise of any authority 27 which it may possess shall, if not inconsistent with any 28 applicable civil law of the state, be given full force and 29 effect in the determination of civil causes of action pursuant 30 to sections 1.12 to , 1.13, this section, and 1.15 . 31 Sec. 4. Section 6A.22, subsection 2, paragraph a, 32 subparagraph (2), Code 2018, is amended to read as follows: 33 (2) The acquisition of any interest in property necessary to 34 the function of a public or private utility to the extent such 35 -1- LSB 5784SV (4) 87 lh/rj 1/ 106

S.F. 2335 purpose does not include construction of aboveground merchant 1 lines, or necessary to the function of a common carrier , or 2 airport or airport system. 3 Sec. 5. Section 8B.21, subsection 6, Code 2018, is amended 4 to read as follows: 5 6. Annual report. On an annual basis, the office shall 6 prepare a report to the governor, the department of management, 7 and the general assembly regarding the total spending on 8 technology for the previous fiscal year, the total amount 9 appropriated for the current fiscal year, and an estimate of 10 the amount to be requested for the succeeding fiscal year for 11 all agencies. The report shall include a five-year projection 12 of technology cost savings, an accounting of the level of 13 technology cost savings for the current fiscal year, and a 14 comparison of the level of technology cost savings for the 15 current fiscal year with that of the previous fiscal year. The 16 report shall be filed as soon as possible after the close of a 17 fiscal year, and by no later than the second Monday of January 18 of each year. 19 Sec. 6. Section 8C.7A, subsection 3, paragraph a, 20 subparagraph (2), subparagraph division (b), Code 2018, is 21 amended to read as follows: 22 (b) An authority that has adopted a municipal or county code 23 on or before July 1, 2017, which requires an application or 24 permit for the installation, placement, operation, maintenance, 25 or replacement of a micro wireless facility may continue the 26 application or permit requirement subsequent to July 1, 2017. 27 Sec. 7. Section 12C.5, Code 2018, is amended to read as 28 follows: 29 12C.5 Refusal of deposits —— procedure. 30 If the approved depositories will not accept the deposits 31 under the conditions prescribed or authorized in this chapter , 32 the funds may be deposited, on the same or better terms as 33 were offered to the depositories, in one or more approved 34 depositories conveniently located within the state. 35 -2- LSB 5784SV (4) 87 lh/rj 2/ 106

S.F. 2335 The treasurer of state may invest in any of the investments 1 authorized for the Iowa public employees’ retirement system in 2 section 97B.7A except that investment in common stocks shall 3 not be permitted. 4 Sec. 8. Section 15.293B, subsection 1, paragraph i, Code 5 2018, is amended to read as follows: 6 i. An applicant that is unsuccessful in receiving a tax 7 credit award during an annual application period may make 8 additional applications during subsequent annual application 9 periods. Such applicants shall be required to submit a new 10 application and , which shall be competitively reviewed and 11 scored in the same manner as other applicants applications in 12 that annual application period. 13 Sec. 9. Section 16.161, Code 2018, is amended to read as 14 follows: 15 16.161 Authority to issue E911 911 program bonds and notes. 16 1. The authority shall assist the program manager, 17 appointed pursuant to section 34A.2A , as provided in chapter 18 34A, subchapter II , and the authority shall have all of the 19 powers delegated to it by a joint E911 911 service board or the 20 department of public defense in a chapter 28E agreement with 21 respect to the issuance and securing of bonds or notes and the 22 carrying out of the purposes of chapter 34A . 23 2. The authority shall provide a mechanism for the pooling 24 of funds of two or more joint E911 911 service boards to be 25 used for the joint purchasing of necessary equipment and 26 reimbursement of land-line and wireless service providers’ 27 costs for upgrades necessary to provide E911 911 service. When 28 two or more joint E911 911 service boards have agreed to pool 29 funds for the purpose of purchasing necessary equipment to be 30 used in providing E911 911 service, the authority shall issue 31 bonds and notes as provided in sections 34A.20 through 34A.22 . 32 Sec. 10. Section 20.3, subsections 3 and 8, Code 2018, are 33 amended to read as follows: 34 3. a. “Confidential employee” means any public employee who 35 -3- LSB 5784SV (4) 87 lh/rj 3/ 106

S.F. 2335 works in the personnel offices of a public employer or who has 1 access to information subject to use by the public employer 2 in negotiating or who works in a close continuing working 3 relationship with public officers or representatives associated 4 with negotiating on behalf of the public employer. 5 b. “Confidential employee” also includes the personal 6 secretary of any of the following: 7 (1) Any elected official or person appointed to fill a 8 vacancy in an elective office , member . 9 (2) A member of any board or commission , the . 10 (3) The administrative officer, director, or chief 11 executive officer of a public employer or major division 12 thereof , or the . 13 (4) The deputy or first assistant of any of the foregoing 14 persons described in subparagraphs (1) through (3) . 15 8. “Professional employee” means any one of the following: 16 a. Any employee engaged in work to which all of the 17 following apply : 18 (1) Predominantly The work is predominantly intellectual 19 and varied in character as opposed to routine mental, manual, 20 mechanical or physical work ; . 21 (2) Involving The work involves the consistent exercise of 22 discretion and judgment in its performance ; . 23 (3) Of The work is of such a character that the output 24 produced or the result accomplished cannot be standardized in 25 relation to a given period of time ; and . 26 (4) Requiring The work requires knowledge of an advanced 27 type in a field of science or learning customarily acquired 28 by a prolonged course of specialized intellectual instruction 29 and study in an institution of higher learning or a hospital, 30 as distinguished from a general academic education or from an 31 apprenticeship or from training in the performance of routine 32 mental, manual, or physical processes. 33 b. Any employee who to whom all of the following apply : 34 (1) Has The employee has completed the courses of 35 -4- LSB 5784SV (4) 87 lh/rj 4/ 106

S.F. 2335 specialized intellectual instruction and study described in 1 paragraph “a” , subparagraph 4, of this subsection , and (4). 2 (2) Is The employee is performing related work under the 3 supervision of a professional person to qualify the employee 4 to become a professional employee as defined in paragraph “a” 5 of this subsection . 6 Sec. 11. Section 22.15, Code 2018, is amended to read as 7 follows: 8 22.15 Personnel records —— discipline —— employee 9 notification. 10 A government body that takes disciplinary action against an 11 employee that may result in information described in section 12 22.7, subsection 11 , paragraph “a” , subparagraph (5), being 13 placed in the employee’s personnel record, prior to taking such 14 disciplinary action, shall notify the employee in writing that 15 the information placed in the employee’s personnel file record 16 as a result of the disciplinary action may become a public 17 record. 18 Sec. 12. Section 29A.27, subsection 5, Code 2018, is amended 19 to read as follows: 20 5. The provisions herein provided of this section shall 21 apply to all individuals receiving benefits under this section 22 or who subsequently may become entitled to such benefits. 23 Sec. 13. Section 30.3, subsections 1 and 2, Code 2018, are 24 amended to read as follows: 25 1. Material safety data sheets or a list of chemicals 26 required to be submitted to the department under section 311 27 of the Emergency Planning and Community Right-to-know Act, 42 28 U.S.C. §11021, shall be submitted to the department of natural 29 resources. Submission to that the department of natural 30 resources constitutes compliance with the requirement for 31 notification to the department. 32 2. Emergency and hazardous chemical inventory forms 33 required to be submitted to the department under section 312 34 of the Emergency Planning and Community Right-to-know Act, 42 35 -5- LSB 5784SV (4) 87 lh/rj 5/ 106

S.F. 2335 U.S.C. §11022, shall be submitted to the department of natural 1 resources. Submission to that the department of natural 2 resources constitutes compliance with the requirement for 3 notification to the department. 4 Sec. 14. Section 30.4, subsection 1, Code 2018, is amended 5 to read as follows: 6 1. Emergency notifications of releases required to be 7 submitted to the department under section 304 of the Emergency 8 Planning and Community Right-to-know Act, 42 U.S.C. §11004, 9 shall be submitted to the department of natural resources. 10 Submission to that the department of natural resources 11 constitutes compliance with the requirement for notification 12 to the department. 13 Sec. 15. Section 34A.3, subsection 1, paragraph b, 14 subparagraph (2), Code 2018, is amended to read as follows: 15 (2) The program manager may order the inclusion of a 16 specific territory not serviced by surrounding 911 service 17 plan areas in an adjoining 911 service plan area to avoid the 18 creation by exclusion of a territory smaller than a single 19 county not serviced by surrounding 911 service plan areas 20 upon request of the joint 911 service board representing the 21 territory to avoid the creation by exclusion of a territory 22 smaller than a single county . 23 Sec. 16. Section 34A.8, subsection 2, paragraph b, Code 24 2018, is amended to read as follows: 25 b. The director, program manager, joint 911 service board, 26 local emergency management commission established pursuant to 27 section 29C.9 , the designated 911 service provider, and the 28 public safety answering point, and their agents, employees, and 29 assigns shall use local exchange service information provided 30 by the local exchange service provider solely for the purposes 31 of providing 911 emergency telephone service or providing 32 related mass notification and emergency messaging services as 33 described in section 29C.17A utilizing only the subscriber’s 34 information, and it local exchange service information shall 35 -6- LSB 5784SV (4) 87 lh/rj 6/ 106

S.F. 2335 otherwise be kept confidential. A person who violates this 1 section is guilty of a simple misdemeanor. 2 Sec. 17. Section 35C.5, Code 2018, is amended to read as 3 follows: 4 35C.5 Appeals. 5 1. In addition to the remedy provided in section 35C.4 , 6 an appeal may be taken by any person belonging to any of the 7 classes of persons to whom a preference is hereby granted under 8 this chapter , from any refusal to allow said the preference, as 9 provided in this chapter , to the district court of the county 10 in which such the refusal occurs. 11 2. The appeal shall be made by serving upon the appointing 12 board within twenty days after the date of the refusal of 13 said the appointing officer, board, or persons to allow said 14 the preference, a written notice of such appeal stating the 15 grounds of the appeal ; and a demand in writing for a certified 16 transcript of the record , and all papers on file in the office 17 affecting or relating to said the appointment. Thereupon Upon 18 receipt of the notice and demand , said the appointing officer, 19 board, or person shall, within ten days, make, certify, and 20 deliver to the appellant such a the transcript ; and the . The 21 appellant shall, within five days thereafter, file the same 22 transcript and a copy of the notice of appeal with the clerk of 23 said court , and said . 24 3. The notice of appeal shall stand as the appellant’s 25 complaint and thereupon said the cause shall be accorded 26 such preference in its assignment for trial as to assure its 27 prompt disposition. The court shall receive and consider any 28 pertinent evidence, whether oral or documentary, concerning 29 said the appointment from which the appeal is taken , and if . 30 If the court shall find finds that the said applicant is 31 qualified as defined in section 35C.1 , to hold the position 32 for which the applicant has applied, said the court shall, by 33 its mandate, specifically direct the said appointing officer, 34 board , or persons as to their further action in the matter. 35 -7- LSB 5784SV (4) 87 lh/rj 7/ 106

S.F. 2335 4. An appeal may be taken from the judgment of the said 1 district court on any such appeal on the same terms as an 2 appeal is taken in civil actions. At their election parties 3 Parties entitled to appeal under this section may elect , in 4 the alternative, to maintain an action for judicial review in 5 accordance with the terms of the Iowa administrative procedure 6 Act, chapter 17A , if that is otherwise applicable to their the 7 case. 8 Sec. 18. Section 37.6, Code 2018, is amended to read as 9 follows: 10 37.6 Bonds. 11 Bonds issued by a county for the purposes of this chapter 12 shall be issued under sections 331.441 to through 331.449 13 relating to general county purpose bonds. Bonds issued by a 14 city shall be issued in accordance with provisions of law under 15 sections 384.24 through 384.36 relating to general corporate 16 purpose bonds of a city. 17 Sec. 19. Section 43.5, Code 2018, is amended to read as 18 follows: 19 43.5 Applicable statutes. 20 The provisions of chapters 39 , 39A , 47 , 48A , 49 , 50 , 52 , 21 53 , 57 , 58 , 59 , 61 , 62 , 68A , and 722 shall apply, so far as 22 applicable, to all primary elections, except as hereinafter 23 otherwise provided in this chapter . 24 Sec. 20. Section 43.20, subsection 2, Code 2018, is amended 25 to read as follows: 26 2. In each of the above cases described in subsection 1 , the 27 vote to be taken for the purpose of computing the percentage 28 shall be the vote cast for president of the United States or 29 for governor, as the case may be. 30 Sec. 21. Section 43.78, subsection 5, paragraphs b and d, 31 Code 2018, are amended to read as follows: 32 b. In the office of the proper appropriate commissioner, at 33 least sixty-four days before the date of the election. 34 d. In the office of the proper appropriate commissioner or 35 -8- LSB 5784SV (4) 87 lh/rj 8/ 106

S.F. 2335 the state commissioner, as applicable, in case of a special 1 election to fill vacancies, at least twenty-five days before 2 the day of election. 3 Sec. 22. Section 44.9, subsections 2, 5, and 6, Code 2018, 4 are amended to read as follows: 5 2. In the office of the proper appropriate commissioner, at 6 least sixty-four days before the date of the election, except 7 as otherwise provided in subsection 6 . 8 5. In the office of the proper appropriate commissioner 9 or school board secretary in case of a special election to 10 fill vacancies, at least twenty-five days before the day of 11 election. 12 6. In the office of the proper appropriate commissioner, at 13 least forty-two days before the regularly scheduled or special 14 city election. However, for those cities that may be required 15 to hold a primary election, at least sixty-three days before a 16 regularly scheduled or special city election. 17 Sec. 23. Section 49.11, subsection 3, paragraph d, 18 unnumbered paragraph 1, Code 2018, is amended to read as 19 follows: 20 The commissioner may also consolidate Consolidate precincts 21 for any election under any of the following circumstances: 22 Sec. 24. Section 59.6, Code 2018, is amended to read as 23 follows: 24 59.6 Power of general assembly. 25 Nothing herein contained in this chapter shall be construed 26 to abridge the right of either branch of the general assembly 27 to grant commissions to take depositions, or to send for and 28 examine any witness it may desire to hear on such trial. 29 Sec. 25. Section 68A.101, Code 2018, is amended to read as 30 follows: 31 68A.101 Citation and administration. 32 This chapter may be cited as the “Campaign Disclosure 33 – Income Tax Checkoff Act” . The Iowa ethics and campaign 34 disclosure board shall administer this chapter as provided in 35 -9- LSB 5784SV (4) 87 lh/rj 9/ 106

S.F. 2335 sections 68B.32 , 68B.32A , 68B.32B , 68B.32C , and 68B.32D . 1 Sec. 26. Section 68A.102, subsection 21, Code 2018, is 2 amended by striking the subsection. 3 Sec. 27. Section 70A.26, Code 2018, is amended to read as 4 follows: 5 70A.26 Disaster service volunteer leave. 6 1. An employee of an appointing authority who is a certified 7 disaster service volunteer of the American red cross may be 8 granted leave with pay from work for not more than fifteen 9 working days in any twelve-month period to participate in 10 disaster relief services for the American red cross at the 11 request of the American red cross for the services of that 12 employee and upon the approval of the employee’s appointing 13 authority without loss of seniority, pay, vacation time, 14 personal days, sick leave, insurance and health coverage 15 benefits, or earned overtime accumulation. The appointing 16 authority shall compensate an employee granted leave under this 17 section at the employee’s regular rate of pay for those regular 18 work hours during which the employee is absent from work. 19 2. An employee deemed to be on granted leave under this 20 section shall not be deemed to be an employee of the state for 21 purposes of workers’ compensation. An employee deemed to be 22 on granted leave under this section shall not be deemed to be 23 an employee of the state for purposes of the Iowa tort claims 24 Act, chapter 669 . 25 3. Leave under this section shall be granted only for 26 services relating to a disaster in the state of Iowa. 27 Sec. 28. Section 73.2, subsection 1, paragraph a, Code 2018, 28 is amended to read as follows: 29 a. All requests hereafter made for bids and proposals for 30 materials, products, supplies, provisions, and other needed 31 articles to be purchased at public expense, shall be made in 32 general terms and by general specifications and not by brand, 33 trade name, or other individual mark. 34 Sec. 29. Section 84A.5, subsection 4, Code 2018, is amended 35 -10- LSB 5784SV (4) 87 lh/rj 10/ 106

S.F. 2335 to read as follows: 1 4. The division of labor services is responsible for the 2 administration of the laws of this state under chapters 88 , 3 88A , 88B , 89 , 89A , 89B , 90A , 91 , 91A , 91C , 91D , 91E , 92 , and 4 94A , and section sections 73A.21 and 85.68. The executive head 5 of the division is the labor commissioner, appointed pursuant 6 to section 91.2 . 7 Sec. 30. Section 85.47, Code 2018, is amended to read as 8 follows: 9 85.47 Basis of commutation. 10 When the commutation is ordered, the workers’ compensation 11 commissioner shall fix the lump sum to be paid at an amount 12 which will equal the total sum of the probable future payments 13 capitalized at their present value and upon the basis of 14 interest at the rate provided in section 535.3 for court 15 judgments and decrees. Upon the payment of such amount , the 16 employer shall be discharged from all further liability on 17 account of the injury or death, and be entitled to a duly 18 executed release , upon . Upon the filing which of the release, 19 the liability of the employer under any agreement, award, 20 finding, or judgment shall be discharged of record. 21 Sec. 31. Section 85.53, Code 2018, is amended to read as 22 follows: 23 85.53 Notice to consular officer. 24 If such consular officer, or the officer’s duly appointed 25 representative, shall file with the workers’ compensation 26 commissioner evidence of the officer’s or representative’s 27 authority, the workers’ compensation commissioner shall notify 28 such consular officer or representative of the death of all 29 employees leaving an alien dependent , or dependents , residing 30 in the country of said consular officer so far as same that 31 shall come to the commissioner’s knowledge. 32 Sec. 32. Section 86.9, Code 2018, is amended to read as 33 follows: 34 86.9 Reports. 35 -11- LSB 5784SV (4) 87 lh/rj 11/ 106

S.F. 2335 1. The director of the department of workforce development, 1 in consultation with the commissioner, shall, at the time 2 provided by law, make an annual report to the governor setting 3 forth in appropriate form the business and expense of the 4 division of workers’ compensation for the preceding year, the 5 number of claims processed by the division and the disposition 6 of the claims, and other matters pertaining to the division 7 which are of public interest, together with recommendations for 8 change or amendment of the laws in this chapter and chapters 9 85 , 85A , 85B , and 87 , and the recommendations, if any, shall be 10 transmitted by the governor to the first general assembly in 11 session after the report is filed. 12 2. The commissioner, after consultation with the director 13 of the department of workforce development, may compile an 14 annual report setting forth the final decisions, rulings, and 15 orders of the division for the preceding year and setting forth 16 other matters or information which the commissioner considers 17 desirable for publication. 18 3. These annual reports may be distributed by the state 19 on request to public officials as set forth in chapter 7A . 20 Members of the public may obtain the an annual report upon 21 payment of its cost as set by the commissioner. 22 Sec. 33. Section 88.1, subsection 3, Code 2018, is amended 23 to read as follows: 24 3. Authorizing the labor commissioner to set mandatory 25 occupational safety and health standards applicable to 26 businesses, and by creating an providing for an adjudicatory 27 process through the employment appeal board within the 28 department of inspections and appeals for carrying out 29 adjudicatory functions under the chapter. 30 Sec. 34. Section 92.2, subsection 1, unnumbered paragraph 31 1, Code 2018, is amended to read as follows: 32 A person over ten and under sixteen years of age cannot be 33 employed, with or without compensation, in street occupations 34 or migratory labor as defined provided in section 92.1 , unless 35 -12- LSB 5784SV (4) 87 lh/rj 12/ 106

S.F. 2335 the person holds a work permit issued pursuant to this chapter . 1 Sec. 35. Section 96.3, subsection 1, Code 2018, is amended 2 to read as follows: 3 1. Payment. Twenty-four months after the date when 4 contributions first accrue under this chapter , benefits shall 5 become payable from the fund; provided, that wages earned for 6 services defined in section 96.19, subsection 18 , paragraph 7 “g” , subparagraph (3), irrespective of when performed, shall 8 not be included for purposes of determining eligibility, under 9 section 96.4 or full-time weekly wages, under subsection 4 of 10 this section , for the purposes of any benefit year commencing 11 on or after July 1, 1939 , nor shall any benefits with respect 12 to unemployment occurring on and after July 1, 1939, be payable 13 under subsection 5 of this section on the basis of such wages. 14 All benefits shall be paid through employment offices in 15 accordance with such regulations as the department of workforce 16 development may prescribe. 17 Sec. 36. Section 99F.4, subsection 22, Code 2018, is amended 18 to read as follows: 19 22. To require licensees to establish a process to allow 20 a person to be voluntarily excluded from the gaming floor of 21 an excursion gambling boat , and from the wagering area, as 22 defined in section 99D.2 , and from the gaming floor of all 23 other licensed facilities under this chapter and chapter 99D 24 as provided in this subsection . The process shall provide 25 that an initial request by a person to be voluntarily excluded 26 shall be for a period of five years or life and any subsequent 27 request following any five-year period shall be for a period 28 of five years or life. The process established shall require 29 that a person requesting to be voluntarily excluded be provided 30 information compiled by the Iowa department of public health 31 on gambling treatment options and shall also require that a 32 licensee disseminate information regarding persons voluntarily 33 excluded to all licensees under this chapter and chapter 99D . 34 The state and any licensee under this chapter or chapter 99D 35 -13- LSB 5784SV (4) 87 lh/rj 13/ 106

S.F. 2335 shall not be liable to any person for any claim which may arise 1 from this process. In addition to any other penalty provided 2 by law, any money or thing of value that has been obtained by, 3 or is owed to, a voluntarily excluded person by a licensee as a 4 result of wagers made by the person after the person has been 5 voluntarily excluded shall not be paid to the person but shall 6 be credited to the general fund of the state. 7 Sec. 37. Section 105.22, subsection 4, Code 2018, is amended 8 to read as follows: 9 4. Conviction of a felony related to the profession or 10 occupation of the licensee or the conviction of any felony that 11 would affect the licensee’s ability to practice within the 12 profession. A copy of the record or of conviction or plea of 13 guilty shall be conclusive evidence of such conviction. 14 Sec. 38. Section 123.22, subsection 2, Code 2018, is amended 15 to read as follows: 16 2. a. No A person, acting individually or through another 17 acting for the person , shall not directly or indirectly, or 18 upon any pretense , or by any device, manufacture do any of the 19 following: 20 (1) Manufacture , sell, exchange, barter, dispense, give 21 in consideration of the purchase of any property or of any 22 services or in evasion of this chapter , or keep for sale, or 23 have possession of any intoxicating liquor, except as provided 24 in this chapter ; or own . 25 (2) Own , keep, or be in any way concerned, engaged, or 26 employed in owning or keeping, any intoxicating liquor with 27 intent to violate any provision of this chapter , or authorize 28 or permit the same to be done ; or manufacture . 29 (3) Manufacture , own, sell, or have possession of any 30 manufactured or compounded article, mixture or substance, 31 not in a liquid form, and containing alcohol which may be 32 converted into a beverage by a process of pressing or straining 33 the alcohol therefrom, or any instrument intended for use 34 and capable of being used in the manufacture of intoxicating 35 -14- LSB 5784SV (4) 87 lh/rj 14/ 106

S.F. 2335 liquor ; or own . 1 (4) Own or have possession of any material used exclusively 2 in the manufacture of intoxicating liquor ; or use . 3 (5) Use or have possession of any material with intent to 4 use it in the manufacture of intoxicating liquors ; however . 5 b. However , alcohol may be manufactured for industrial and 6 nonbeverage purposes by persons who have qualified for that 7 purpose as provided by the laws of the United States and the 8 laws of this state. Such alcohol, so manufactured, may be 9 denatured, transported, used, possessed, sold, and bartered 10 and dispensed, subject to the limitations, prohibitions and 11 restrictions imposed by the laws of the United States and this 12 state. 13 c. Any person may manufacture, sell, or transport 14 ingredients and devices other than alcohol for the making of 15 homemade wine or beer. 16 Sec. 39. Section 124.401, subsection 5, Code 2018, is 17 amended by adding the following new unnumbered paragraph after 18 unnumbered paragraph 2: 19 NEW UNNUMBERED PARAGRAPH . A person may knowingly or 20 intentionally recommend, possess, use, dispense, deliver, 21 transport, or administer cannabidiol if the recommendation, 22 possession, use, dispensing, delivery, transporting, or 23 administering is in accordance with the provisions of chapter 24 124E. For purposes of this paragraph, “cannabidiol” means the 25 same as defined in section 124E.2. 26 Sec. 40. Section 125.34, subsections 3 and 6, Code 2018, are 27 amended to read as follows: 28 3. A person who arrives at a facility and voluntarily 29 submits to examination shall be examined by a licensed 30 physician and surgeon or osteopathic physician and surgeon or 31 mental health professional as soon as possible after the person 32 arrives at the facility. The person may then be admitted as a 33 patient or referred to another health facility. The referring 34 facility shall arrange for transportation. 35 -15- LSB 5784SV (4) 87 lh/rj 15/ 106

S.F. 2335 6. If the physician and surgeon or osteopathic physician 1 and surgeon in charge of the facility determines it is for the 2 patient’s benefit, the patient shall be encouraged to agree to 3 further diagnosis and appropriate voluntary treatment. 4 Sec. 41. Section 125.75, subsection 2, paragraph c, 5 subparagraph (1), Code 2018, is amended to read as follows: 6 (1) A written statement of a licensed physician and 7 surgeon or osteopathic physician and surgeon or mental health 8 professional in support of the application. 9 Sec. 42. Section 125.78, subsection 3, paragraph b, Code 10 2018, is amended to read as follows: 11 b. Requiring an examination of the respondent, prior to 12 the hearing, by one or more licensed physicians physician 13 and surgeons or osteopathic physician and surgeons or mental 14 health professionals who shall submit a written report of the 15 examination to the court as required by section 125.80 . 16 Sec. 43. Section 125.80, Code 2018, is amended to read as 17 follows: 18 125.80 Physician’s or mental health professional’s 19 examination —— report —— scheduling of hearing. 20 1. a. An examination of the respondent shall be conducted 21 within a reasonable time and prior to the commitment hearing 22 by one or more licensed physicians physician and surgeons 23 or osteopathic physician and surgeons or mental health 24 professionals as required by the court’s order. If the 25 respondent is taken into custody under section 125.81 , the 26 examination shall be conducted within twenty-four hours after 27 the respondent is taken into custody. If the respondent 28 desires, the respondent may have a separate examination by a 29 licensed physician and surgeon or osteopathic physician and 30 surgeon or mental health professional of the respondent’s own 31 choice. The court shall notify the respondent of the right 32 to choose a licensed physician and surgeon or osteopathic 33 physician and surgeon or mental health professional for a 34 separate examination. The reasonable cost of the examinations 35 -16- LSB 5784SV (4) 87 lh/rj 16/ 106

S.F. 2335 shall be paid from county funds upon order of the court if the 1 respondent lacks sufficient funds to pay the cost. 2 b. A licensed physician and surgeon or osteopathic 3 physician and surgeon or mental health professional conducting 4 an examination pursuant to this section may consult with or 5 request the participation in the examination of facility 6 personnel, and may include with or attach to the written report 7 of the examination any findings or observations by facility 8 personnel who have been consulted or have participated in the 9 examination. 10 c. If the respondent is not taken into custody under 11 section 125.81 , but the court is subsequently informed that the 12 respondent has declined to be examined by a licensed physician 13 and surgeon or osteopathic physician and surgeon or mental 14 health professional pursuant to the court order, the court 15 may order limited detention of the respondent as necessary to 16 facilitate the examination of the respondent by the licensed 17 physician and surgeon or osteopathic physician and surgeon or 18 mental health professional. 19 2. A written report of the examination by a court-designated 20 licensed physician and surgeon or osteopathic physician and 21 surgeon or mental health professional shall be filed with 22 the clerk prior to the hearing date. A written report of an 23 examination by a licensed physician and surgeon or osteopathic 24 physician and surgeon or mental health professional chosen 25 by the respondent may be similarly filed. The clerk shall 26 immediately: 27 a. Cause a report to be shown to the judge who issued the 28 order. 29 b. Cause the respondent’s attorney to receive a copy 30 of the report of a court-designated licensed physician and 31 surgeon or osteopathic physician and surgeon or mental health 32 professional. 33 3. If the report of a court-designated licensed physician 34 and surgeon or osteopathic physician and surgeon or mental 35 -17- LSB 5784SV (4) 87 lh/rj 17/ 106

S.F. 2335 health professional is to the effect that the respondent is not 1 a person with a substance-related disorder, the court, without 2 taking further action, may terminate the proceeding and dismiss 3 the application on its own motion and without notice. 4 4. If the report of a court-designated licensed physician 5 and surgeon or osteopathic physician and surgeon or mental 6 health professional is to the effect that the respondent is 7 a person with a substance-related disorder, the court shall 8 schedule a commitment hearing as soon as possible. The hearing 9 shall be held not more than forty-eight hours after the report 10 is filed, excluding Saturdays, Sundays, and holidays, unless 11 an extension for good cause is requested by the respondent, 12 or as soon thereafter as possible if the court considers that 13 sufficient grounds exist for delaying the hearing. 14 Sec. 44. Section 125.82, subsection 3, Code 2018, is amended 15 to read as follows: 16 3. The person who filed the application and a licensed 17 physician and surgeon or osteopathic physician and surgeon , 18 mental health professional, or certified alcohol and drug 19 counselor certified by the nongovernmental Iowa board of 20 substance abuse certification who has examined the respondent 21 in connection with the commitment hearing shall be present 22 at the hearing, unless the court for good cause finds that 23 their presence or testimony is not necessary. The applicant, 24 respondent, and the respondent’s attorney may waive the 25 presence or telephonic appearance of the licensed physician 26 and surgeon or osteopathic physician and surgeon , mental 27 health professional, or certified alcohol and drug counselor 28 who examined the respondent and agree to submit as evidence 29 the written report of the licensed physician and surgeon or 30 osteopathic physician and surgeon , mental health professional, 31 or certified alcohol and drug counselor. The respondent’s 32 attorney shall inform the court if the respondent’s attorney 33 reasonably believes that the respondent, due to diminished 34 capacity, cannot make an adequately considered waiver decision. 35 -18- LSB 5784SV (4) 87 lh/rj 18/ 106