Senate Study Bill 3167 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON ZAUN) 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 5784SC (14) 87 lh/rj
S.F. _____ 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 5784SC (14) 87 lh/rj 1/ 106
S.F. _____ 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 5784SC (14) 87 lh/rj 2/ 106
S.F. _____ 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 5784SC (14) 87 lh/rj 3/ 106
S.F. _____ 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 5784SC (14) 87 lh/rj 4/ 106
S.F. _____ 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 5784SC (14) 87 lh/rj 5/ 106
S.F. _____ 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 5784SC (14) 87 lh/rj 6/ 106
S.F. _____ 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 5784SC (14) 87 lh/rj 7/ 106
S.F. _____ 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 5784SC (14) 87 lh/rj 8/ 106
S.F. _____ 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 5784SC (14) 87 lh/rj 9/ 106
S.F. _____ 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 5784SC (14) 87 lh/rj 10/ 106
S.F. _____ 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 5784SC (14) 87 lh/rj 11/ 106
S.F. _____ 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 5784SC (14) 87 lh/rj 12/ 106
S.F. _____ 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 5784SC (14) 87 lh/rj 13/ 106
S.F. _____ 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 5784SC (14) 87 lh/rj 14/ 106
S.F. _____ 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 5784SC (14) 87 lh/rj 15/ 106
S.F. _____ 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 5784SC (14) 87 lh/rj 16/ 106
S.F. _____ 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 5784SC (14) 87 lh/rj 17/ 106
S.F. _____ 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 5784SC (14) 87 lh/rj 18/ 106
S.F. _____ “Good cause” for finding that the testimony of the licensed 1 physician and surgeon or osteopathic physician and surgeon , 2 mental health professional, or certified alcohol and drug 3 counselor who examined the respondent is not necessary may 4 include, but is not limited to, such a waiver. If the court 5 determines that the testimony of the licensed physician and 6 surgeon or osteopathic physician and surgeon , mental health 7 professional, or certified alcohol and drug counselor is 8 necessary, the court may allow the licensed physician and 9 surgeon or osteopathic physician and surgeon , mental health 10 professional, or certified alcohol and drug counselor to 11 testify by telephone. The respondent shall be present at the 12 hearing unless prior to the hearing the respondent’s attorney 13 stipulates in writing that the attorney has conversed with the 14 respondent, and that in the attorney’s judgment the respondent 15 cannot make a meaningful contribution to the hearing, or that 16 the respondent has waived the right to be present, and the 17 basis for the attorney’s conclusions. A stipulation to the 18 respondent’s absence shall be reviewed by the court before the 19 hearing, and may be rejected if it appears that insufficient 20 grounds are stated or that the respondent’s interests would not 21 be served by the respondent’s absence. 22 Sec. 45. Section 125.91, subsections 2 and 3, Code 2018, are 23 amended to read as follows: 24 2. a. A peace officer who has reasonable grounds to 25 believe that the circumstances described in subsection 1 are 26 applicable may, without a warrant, take or cause that person 27 to be taken to the nearest available facility referred to in 28 section 125.81, subsection 2 , paragraph “b” or “c” . Such a 29 person with a substance-related disorder due to intoxication 30 or substance-induced incapacitation who also demonstrates 31 a significant degree of distress or dysfunction may also 32 be delivered to a facility by someone other than a peace 33 officer upon a showing of reasonable grounds. Upon delivery 34 of the person to a facility under this section , the attending 35 -19- LSB 5784SC (14) 87 lh/rj 19/ 106
S.F. _____ physician and surgeon or osteopathic physician and surgeon 1 may order treatment of the person, but only to the extent 2 necessary to preserve the person’s life or to appropriately 3 control the person’s behavior if the behavior is likely to 4 result in physical injury to the person or others if allowed to 5 continue. The peace officer or other person who delivered the 6 person to the facility shall describe the circumstances of the 7 matter to the attending physician and surgeon or osteopathic 8 physician and surgeon . If the person is a peace officer, 9 the peace officer may do so either in person or by written 10 report. If the attending physician and surgeon or osteopathic 11 physician and surgeon has reasonable grounds to believe that 12 the circumstances in subsection 1 are applicable, the attending 13 physician shall at once communicate with the nearest available 14 magistrate as defined in section 801.4, subsection 10 . The 15 magistrate shall, based upon the circumstances described by 16 the attending physician and surgeon or osteopathic physician 17 and surgeon , give the attending physician and surgeon or 18 osteopathic physician and surgeon oral instructions either 19 directing that the person be released forthwith, or authorizing 20 the person’s detention in an appropriate facility. The 21 magistrate may also give oral instructions and order that the 22 detained person be transported to an appropriate facility. 23 b. If the magistrate orders that the person be detained, the 24 magistrate shall, by the close of business on the next working 25 day, file a written order with the clerk in the county where it 26 is anticipated that an application may be filed under section 27 125.75 . The order may be filed by facsimile if necessary. The 28 order shall state the circumstances under which the person 29 was taken into custody or otherwise brought to a facility 30 and the grounds supporting the finding of probable cause to 31 believe that the person is a person with a substance-related 32 disorder likely to result in physical injury to the person 33 or others if not detained. The order shall confirm the oral 34 order authorizing the person’s detention including any order 35 -20- LSB 5784SC (14) 87 lh/rj 20/ 106
S.F. _____ given to transport the person to an appropriate facility. The 1 clerk shall provide a copy of that order to the attending 2 physician and surgeon or osteopathic physician and surgeon at 3 the facility to which the person was originally taken, any 4 subsequent facility to which the person was transported, and 5 to any law enforcement department or ambulance service that 6 transported the person pursuant to the magistrate’s order. 7 3. The attending physician and surgeon or osteopathic 8 physician and surgeon shall examine and may detain the person 9 pursuant to the magistrate’s order for a period not to exceed 10 forty-eight hours from the time the order is dated, excluding 11 Saturdays, Sundays, and holidays, unless the order is dismissed 12 by a magistrate. The facility may provide treatment which is 13 necessary to preserve the person’s life or to appropriately 14 control the person’s behavior if the behavior is likely to 15 result in physical injury to the person or others if allowed 16 to continue or is otherwise deemed medically necessary by 17 the attending physician and surgeon or osteopathic physician 18 and surgeon or mental health professional, but shall not 19 otherwise provide treatment to the person without the person’s 20 consent. The person shall be discharged from the facility and 21 released from detention no later than the expiration of the 22 forty-eight-hour period, unless an application for involuntary 23 commitment is filed with the clerk pursuant to section 125.75 . 24 The detention of a person by the procedure in this section , and 25 not in excess of the period of time prescribed by this section , 26 shall not render the peace officer, attending physician and 27 surgeon or osteopathic physician and surgeon , or facility 28 detaining the person liable in a criminal or civil action 29 for false arrest or false imprisonment if the peace officer, 30 attending physician and surgeon or osteopathic physician 31 and surgeon , mental health professional, or facility had 32 reasonable grounds to believe that the circumstances described 33 in subsection 1 were applicable. 34 Sec. 46. Section 125.92, subsection 4, Code 2018, is amended 35 -21- LSB 5784SC (14) 87 lh/rj 21/ 106
S.F. _____ to read as follows: 1 4. Enjoy all legal, medical, religious, social, political, 2 personal, and working rights and privileges, which the person 3 would enjoy if not detained, taken into immediate custody, 4 or committed, consistent with the effective treatment of the 5 person and of the other persons in the facility. If the 6 person’s rights are restricted, the physician’s physician and 7 surgeon’s or osteopathic physician and surgeon’s or mental 8 health professional’s direction to that effect shall be noted 9 in the person’s record. The person or the person’s next of 10 kin or guardian shall be advised of the person’s rights and 11 be provided a written copy upon the person’s admission to or 12 arrival at the facility. 13 Sec. 47. Section 135B.20, unnumbered paragraph 1, Code 14 2018, is amended to read as follows: 15 Definitions as As used in this subchapter , unless the 16 context otherwise requires : 17 Sec. 48. Section 135B.32, Code 2018, is amended to read as 18 follows: 19 135B.32 Construction. 20 Nothing herein in this subchapter shall deprive any hospital 21 of its tax exempt or nonprofit status. 22 Sec. 49. Section 135H.6, Code 2018, is amended to read as 23 follows: 24 135H.6 Inspection —— conditions for issuance. 25 1. The department shall issue a license to an applicant 26 under this chapter if all the following conditions exist: 27 1. a. The department has ascertained that the applicant’s 28 medical facilities and staff are adequate to provide the care 29 and services required of a psychiatric institution. 30 2. b. The proposed psychiatric institution is accredited 31 by the joint commission on the accreditation of health 32 care organizations, the commission on accreditation of 33 rehabilitation facilities, the council on accreditation of 34 services for families and children, or by any other recognized 35 -22- LSB 5784SC (14) 87 lh/rj 22/ 106
S.F. _____ accrediting organization with comparable standards acceptable 1 under federal regulation. 2 3. c. The applicant complies with applicable state rules 3 and standards for a psychiatric institution adopted by the 4 department in accordance with federal requirements under 5 42C.F.R. §441.150 441.156 . 4. d. The applicant has been awarded a certificate of need 7 pursuant to chapter 135 , unless exempt as provided in this 8 section . 9 5. e. The department of human services has submitted 10 written approval of the application based on the department of 11 human services’ determination of need. The department of human 12 services shall identify the location and number of children in 13 the state who require the services of a psychiatric medical 14 institution for children. Approval of an application shall be 15 based upon the location of the proposed psychiatric institution 16 relative to the need for services identified by the department 17 of human services and an analysis of the applicant’s ability to 18 provide services and support consistent with requirements under 19 chapter 232 , particularly regarding community-based treatment. 20 If the proposed psychiatric institution is not freestanding 21 from a facility licensed under chapter 135B or 135C , approval 22 under this subsection paragraph shall not be given unless 23 the department of human services certifies that the proposed 24 psychiatric institution is capable of providing a resident with 25 a living environment similar to the living environment provided 26 by a licensee which is freestanding from a facility licensed 27 under chapter 135B or 135C . 28 6. The department of human services shall not give approval 29 to an application which would cause the total number of beds 30 licensed under this chapter for services reimbursed by the 31 medical assistance program under chapter 249A to exceed four 32 hundred thirty beds. 33 7. In addition to the beds authorized under subsection 6 , 34 the department of human services may establish not more than 35 -23- LSB 5784SC (14) 87 lh/rj 23/ 106
S.F. _____ thirty beds licensed under this chapter at the state mental 1 health institute at Independence. The beds shall be exempt 2 from the certificate of need requirement under subsection 4 . 3 8. The department of human services may give approval to 4 conversion of beds approved under subsection 6 , to beds which 5 are specialized to provide substance abuse treatment. However, 6 the total number of beds approved under subsection 6 and this 7 subsection shall not exceed four hundred thirty. Conversion 8 of beds under this subsection shall not require a revision of 9 the certificate of need issued for the psychiatric institution 10 making the conversion. Beds for children who do not reside 11 in this state and whose service costs are not paid by public 12 funds in this state are not subject to the limitations on the 13 number of beds and certificate of need requirements otherwise 14 applicable under this section . 15 9. f. The proposed psychiatric institution is under 16 the direction of an agency which has operated a facility 17 licensed under section 237.3, subsection 2 , paragraph “a” , as 18 a comprehensive residential facility for children for three 19 years or of an agency which has operated a facility for three 20 years providing psychiatric services exclusively to children or 21 adolescents and the facility meets or exceeds requirements for 22 licensure under section 237.3, subsection 2 , paragraph “a” , as a 23 comprehensive residential facility for children. 24 g. If a child has an emotional, behavioral, or mental health 25 disorder, the psychiatric institution does not require court 26 proceedings to be initiated or that a child’s parent, guardian, 27 or custodian must terminate parental rights over or transfer 28 legal custody of the child for the purpose of obtaining 29 treatment from the psychiatric institution for the child. 30 Relinquishment of a child’s custody shall not be a condition of 31 the child receiving services. 32 2. The department of human services shall not give approval 33 to an application which would cause the total number of beds 34 licensed under this chapter for services reimbursed by the 35 -24- LSB 5784SC (14) 87 lh/rj 24/ 106
S.F. _____ medical assistance program under chapter 249A to exceed four 1 hundred thirty beds. 2 3. In addition to the beds authorized under subsection 2, 3 the department of human services may establish not more than 4 thirty beds licensed under this chapter at the state mental 5 health institute at Independence. The beds shall be exempt 6 from the certificate of need requirement under subsection 1, 7 paragraph “d” . 8 4. The department of human services may give approval to 9 conversion of beds approved under subsection 2, to beds which 10 are specialized to provide substance abuse treatment. However, 11 the total number of beds approved under subsection 2 and this 12 subsection shall not exceed four hundred thirty. Conversion 13 of beds under this subsection shall not require a revision of 14 the certificate of need issued for the psychiatric institution 15 making the conversion. Beds for children who do not reside 16 in this state and whose service costs are not paid by public 17 funds in this state are not subject to the limitations on the 18 number of beds and certificate of need requirements otherwise 19 applicable under this section. 20 10. 5. A psychiatric institution licensed prior to July 1, 21 1999, may exceed the number of beds authorized under subsection 22 6 2 if the excess beds are used to provide services funded 23 from a source other than the medical assistance program under 24 chapter 249A. Notwithstanding subsections 4, 5 subsection 1, 25 paragraphs “d” and “e” , and 6 subsection 2 , the provision of 26 services using those excess beds does not require a certificate 27 of need or a review by the department of human services. 28 11. If a child has an emotional, behavioral, or mental 29 health disorder, the psychiatric institution does not require 30 court proceedings to be initiated or that a child’s parent, 31 guardian, or custodian must terminate parental rights over 32 or transfer legal custody of the child for the purpose of 33 obtaining treatment from the psychiatric institution for the 34 child. Relinquishment of a child’s custody shall not be a 35 -25- LSB 5784SC (14) 87 lh/rj 25/ 106
S.F. _____ condition of the child receiving services. 1 Sec. 50. Section 136.2, Code 2018, is amended to read as 2 follows: 3 136.2 Appointment. 4 1. All members of the state board of health shall be 5 appointed by the governor to three-year staggered terms which 6 shall expire on June 30. 7 2. The Each year, the governor shall appoint annually 8 successors to the three board members whose terms expire that 9 year. A vacancy occurring on the board shall be filled by the 10 governor for the unexpired term of the vacancy. 11 Sec. 51. Section 136A.5B, subsection 2, Code 2018, is 12 amended to read as follows: 13 2. An attending health care provider shall provide to a 14 pregnant woman during the first trimester of the pregnancy 15 the informational materials published under this subsection 16 section . The center for congenital and inherited disorders 17 shall make the informational materials available to attending 18 health care providers upon request. 19 Sec. 52. Section 151.9, unnumbered paragraph 1, Code 2018, 20 is amended to read as follows: 21 A entry license or certificate to practice as a chiropractor 22 may be revoked or suspended when the licensee or certificate 23 holder is guilty of the following acts or offenses: 24 Sec. 53. Section 152.11, Code 2018, is amended to read as 25 follows: 26 152.11 Investigators for nurses. 27 The board of nursing may appoint investigators, who shall 28 not be members of the board, to administer and aid in the 29 enforcement of the provisions of law related to those licensed 30 to practice nursing. The amount of compensation for the 31 investigators shall be determined pursuant to chapter 8A, 32 subchapter IV . Investigators authorized by the board of 33 nursing have the powers and status of peace officers when 34 enforcing this chapter and chapters 147 , 152E, and 272C . 35 -26- LSB 5784SC (14) 87 lh/rj 26/ 106
S.F. _____ Sec. 54. Section 154B.1, subsection 2, Code 2018, is amended 1 to read as follows: 2 2. “Collaborative practice agreement” means a written 3 agreement between a prescribing psychologist and a licensed 4 physician that establishes clinical protocols, practice 5 guidelines, and care plans relevant to the scope of the 6 collaborative practice. The practice guidelines may include 7 limitations on the prescribing of psychotropic medications 8 by psychologists and protocols for prescribing to special 9 populations, including patients who are less than seventeen 10 years of age or over sixty-five years of age, patients who 11 are pregnant, and patients with serious medical conditions 12 including but not limited to heart disease, cancer, stroke, 13 or seizures, and patients with developmental disabilities and 14 intellectual disabilities. 15 Sec. 55. Section 155A.6A, subsection 2, Code 2018, is 16 amended to read as follows: 17 2. A person who is or desires to be a pharmacy technician 18 in this state shall apply to the board for registration. The 19 application shall be submitted on a form prescribed by the 20 board. A pharmacy technician must be registered pursuant to 21 rules adopted by the board. Except as provided in subsection 22 3 , beginning July 1, 2010, all applicants for a new pharmacy 23 technician registration or for a pharmacy technician renewal 24 shall provide proof of current certification by a national 25 technician certification authority approved by the board. 26 Notwithstanding section 272C.2, subsection 1 , a pharmacy 27 technician registration shall not require continuing education 28 for renewal. 29 Sec. 56. Section 155A.6A, Code 2018, is amended by adding 30 the following new subsection: 31 NEW SUBSECTION . 3. A person who is in the process of 32 acquiring national certification as a pharmacy technician 33 and who is in training to become a pharmacy technician 34 shall register with the board as a pharmacy technician. The 35 -27- LSB 5784SC (14) 87 lh/rj 27/ 106
S.F. _____ registration shall be issued for a period not to exceed one 1 year and shall not be renewable. 2 Sec. 57. Section 155A.13C, subsection 5, paragraph d, Code 3 2018, is amended to read as follows: 4 d. Any violation of this chapter or chapter 124 , 124A , 124B , 5 126 , or 205 , or rule of the board. 6 Sec. 58. Section 161A.38, Code 2018, is amended to read as 7 follows: 8 161A.38 New classification. 9 1. After a subdistrict has been established and the 10 improvements thereof constructed and put in operation, if the 11 governing body shall find that the original assessments are 12 not equitable as a basis for the expenses of any enlargement 13 or extension thereof which may have become necessary, they the 14 governing body shall order a new classification of all lands in 15 said subdistrict by resolution, and appoint three appraisers, 16 which shall meet the same requirements as set forth in section 17 161A.23 . 18 2. Upon the completion of the reclassification, those 19 affected by such reclassification shall have the right to 20 appeal as hereinabove set forth in this subchapter . 21 Sec. 59. Section 161A.42, subsection 2, Code 2018, is 22 amended to read as follows: 23 2. “Conservation agreement” means a commitment by the 24 owner or operator of a farm unit to implement a farm unit soil 25 conservation plan or, with the approval of the commissioners of 26 the soil and water conservation district within which the farm 27 unit is located, a portion of a farm unit soil conservation 28 plan. The commitment shall be conditioned on the furnishing 29 by the soil and water conservation district of technical or 30 planning assistance in the establishment of , and cost sharing 31 cost-sharing or other financial assistance for establishment 32 and maintenance of the soil and water conservation practices 33 necessary to implement the plan , or a portion of the plan. 34 Sec. 60. Section 161A.43, Code 2018, is amended to read as 35 -28- LSB 5784SC (14) 87 lh/rj 28/ 106
S.F. _____ follows: 1 161A.43 Duty of property owners —— liability. 2 1. To conserve the fertility, general usefulness, and 3 value of the soil and soil resources of this state, and to 4 prevent the injurious effects of soil erosion, it is hereby 5 made the duty of the owners of real property in this state to 6 establish and maintain soil and water conservation practices or 7 erosion control practices, as required by the regulations of 8 the commissioners of the respective soil and water conservation 9 districts. As used in this section , “owners of real property 10 in this state” includes each state government agency, each 11 political subdivision of the state , and each agency of such 12 a political subdivision which has under its control publicly 13 owned land, including but not limited to agricultural land, 14 forests, parks, the grounds of state educational, penal and 15 human service institutions, public highways, roads and streets, 16 and other public rights-of-way. 17 2. A landowner shall not be liable for a claim based upon or 18 arising out of a claim of negligent design or specification, 19 negligent adoption of design or specification, or negligent 20 installation, construction, or reconstruction of a soil and 21 water conservation practice or an erosion control practice that 22 was installed, constructed, or reconstructed in accordance 23 with generally recognized engineering or safety standards, 24 criteria, or design theory in existence at the time of the 25 installation, construction, or reconstruction. A soil and 26 water conservation practice or an erosion control practice 27 installed, constructed, or reconstructed in compliance with 28 rules adopted by the division and currently in effect shall be 29 deemed to be installed, constructed, or reconstructed according 30 to generally recognized engineering or safety standards, 31 criteria, or design theory in existence at the time of the 32 installation, construction, or reconstruction. A claim shall 33 not be allowed for failure to upgrade, improve, or alter any 34 aspect of an existing soil and water conservation practice or 35 -29- LSB 5784SC (14) 87 lh/rj 29/ 106
S.F. _____ erosion control practice to a new, changed, or altered design 1 standard. This paragraph subsection does not apply to a claim 2 based on a failure of a landowner to upgrade, improve, or alter 3 a soil and water conservation practice or erosion control 4 practice in violation of law. This paragraph subsection does 5 not apply to claims based upon gross negligence. 6 Sec. 61. Section 166A.2, subsection 2, Code 2018, is amended 7 to read as follows: 8 2. For good and sufficient grounds the department may refuse 9 to grant a license to any applicant , and it . The department 10 may also revoke a license obtained by a dealer for a violation 11 of any provision of this chapter , or for the refusal or failure 12 of a dealer to obey the lawful directions of the department. 13 Sec. 62. Section 166D.7, subsection 1, paragraph b, Code 14 2018, is amended to read as follows: 15 b. Before being added to the herd , new swine , including 16 swine returning to the herd after contact with nonherd swine, 17 shall be isolated until the new swine react negatively to a 18 test conducted thirty days or more after the swine has been 19 placed in isolation. Swine from a herd of unknown status must 20 react negatively to a test not more than thirty days prior 21 to movement from the herd of unknown status and retested in 22 isolation at least thirty days after movement onto the premises 23 where the qualified negative herd is located. 24 Sec. 63. Section 194.2, Code 2018, is amended to read as 25 follows: 26 194.2 Enforcement —— rules. 27 1. The secretary of agriculture shall enforce the 28 provisions hereof of this chapter , and to this end may adopt 29 such rules and regulations pursuant to chapter 17A as may 30 appear necessary, but not inconsistent herewith with this 31 chapter . 32 2. The secretary may adopt by rule requirements recommended 33 by the United States Department of Agriculture for the 34 production and processing of milk for manufacturing purposes, 35 -30- LSB 5784SC (14) 87 lh/rj 30/ 106
S.F. _____ including , but not limited to , requirements for the inspection 1 and certification of grade “B” dairy farms and grade “B” dairy 2 plants. 3 Sec. 64. Section 194.4, subsection 2, Code 2018, is amended 4 to read as follows: 5 2. Any raw milk that which shows an abnormal condition 6 including , but not limited to , curdled, ropy, clotted , 7 and bloody , or that ; which contains extraneous matter or ; 8 which shows significant bacterial deterioration , or ; which 9 contains matter evidencing production from a mastitic cow; or 10 which contains chemicals, medicines, or radioactive agents 11 deleterious to health is unlawful milk and shall be rejected 12 to the producer, seller, or shipper and shall not be used in 13 the processing or manufacturing of dairy products for human 14 consumption. 15 Sec. 65. Section 208.7, Code 2018, is amended to read as 16 follows: 17 208.7 Mining license —— fees and expiration. 18 An operator shall not engage in mining as defined by section 19 208.2 without first obtaining a license from the division. 20 A license shall be issued and renewed upon approval by the 21 division following the submission of a completed application 22 by the operator. An application shall be submitted on a form 23 provided by the division and shall be accompanied by a license 24 fee of fifty dollars. Each applicant shall be required to 25 furnish on the form information necessary to identify the 26 applicant. The initial license shall expire on December 31 27 of the year of issue. An initial license shall be renewed by 28 the division as required by the division. The renewed license 29 shall expire the last day of the second December following 30 the date of issue. The division shall renew a license upon 31 approving an application submitted within thirty days prior to 32 the expiration date. The application for a renewed license 33 must be accompanied by a fee of twenty dollars. However, a A 34 political subdivision shall not be required to pay a license 35 -31- LSB 5784SC (14) 87 lh/rj 31/ 106
S.F. _____ fee. 1 Sec. 66. Section 212.3, Code 2018, is amended to read as 2 follows: 3 212.3 Disposition of delivery tickets. 4 One duplicate delivery ticket described in section 5 212.3 212.2 shall be delivered to the vendee and the other 6 duplicative delivery ticket shall be returned to the vendor 7 or retained electronically by the vendor if approval from the 8 department has previously been granted. Upon demand of the 9 department the person in charge of the load shall surrender one 10 of the duplicate delivery tickets to the person making such 11 demand. If the duplicative delivery ticket is retained, an 12 official weight slip shall be delivered by the department to 13 the vendee or the vendee’s agent. 14 Sec. 67. Section 216.6, subsection 1, paragraph a, Code 15 2018, is amended to read as follows: 16 a. Person to refuse to hire, accept, register, classify, 17 or refer for employment, to discharge any employee, or to 18 otherwise discriminate in employment against any applicant 19 for employment or any employee because of the age, race, 20 creed, color, sex, sexual orientation, gender identity, 21 national origin, religion, or disability of such applicant or 22 employee, unless based upon the nature of the occupation. If a 23 person with a disability is qualified to perform a particular 24 occupation, by reason of training or experience, the nature of 25 that occupation shall not be the basis for exception to the 26 unfair or discriminating discriminatory practices prohibited 27 by this subsection . 28 Sec. 68. Section 216.6, subsection 1, paragraph c, 29 subparagraph (1), Code 2018, is amended to read as follows: 30 (1) If a person with a disability is qualified to perform a 31 particular occupation by reason of training or experience, the 32 nature of that occupation shall not be the basis for exception 33 to the unfair or discriminating discriminatory practices 34 prohibited by this subsection . 35 -32- LSB 5784SC (14) 87 lh/rj 32/ 106
S.F. _____ Sec. 69. Section 216.13, subsection 1, Code 2018, is amended 1 to read as follows: 2 1. However, a retirement plan or benefit system shall 3 not require the involuntary retirement of a person under the 4 age of seventy because of that person’s age. This paragraph 5 subsection does not prohibit the following: 6 a. The involuntary retirement of a person who has attained 7 the age of sixty-five and has for the two prior years been 8 employed in a bona fide executive or high policymaking position 9 and who is entitled to an immediate, nonforfeitable annual 10 retirement benefit from a pension, profit-sharing, savings, 11 or deferred compensation plan of the employer which equals 12 twenty-seven thousand dollars. This retirement benefit test 13 may be adjusted according to the regulations prescribed by 14 the United States secretary of labor pursuant to Pub. L. No. 15 95-256, section 3. 16 b. The involuntary retirement of a person covered by a 17 collective bargaining agreement which was entered into by a 18 labor organization and was in effect on September 1, 1977. 19 This exemption does not apply after the termination of that 20 agreement or January 1, 1980, whichever first occurs. 21 Sec. 70. Section 225.30, Code 2018, is amended to read as 22 follows: 23 225.30 Blanks —— audit. 24 The medical faculty of the university of Iowa college of 25 medicine shall prepare blanks containing such questions and 26 requiring such information as may be necessary and proper to 27 be obtained by the physician or mental health professional who 28 examines a person or respondent whose referral to the state 29 psychiatric hospital is contemplated. A judge may request 30 that a physician or mental health professional who examines a 31 respondent as required by section 229.10 complete such blanks 32 in duplicate in the course of the examination. A physician who 33 proposes to file information under section 225.10 shall obtain 34 and complete such blanks in duplicate and file them with the 35 -33- LSB 5784SC (14) 87 lh/rj 33/ 106
S.F. _____ information. The blanks shall be printed by the state and a 1 supply of the blanks shall be made available to counties. The 2 director of the department of administrative services shall 3 audit, allow, and pay the cost of the blanks as other bills for 4 public printing are allowed and paid. 5 Sec. 71. Section 235B.3A, subsection 3, Code 2018, is 6 amended to read as follows: 7 3. Providing a dependent adult with immediate and adequate 8 notice of the dependent adult’s rights. The notice shall 9 consist of handing the dependent adult a document that includes 10 the telephone numbers of shelters, support groups, and 11 crisis lines operating in the area and contains a copy of the 12 following written statement of rights ; requesting the dependent 13 adult to read the card document ; and asking the dependent adult 14 whether the dependent adult understands the rights: 15 [1] You have the right to ask the court for the following 16 help on a temporary basis: 17 [a] Keeping the alleged perpetrator away from you, your 18 home, and your place of work. 19 [b] The right to stay at your home without interference from 20 the alleged perpetrator. 21 [c] Professional counseling for you, your family, or 22 household members, and the alleged perpetrator of the dependent 23 adult abuse. 24 [2] If you are in need of medical treatment, you have the 25 right to request that the peace officer present assist you in 26 obtaining transportation to the nearest hospital or otherwise 27 assist you. 28 [3] If you believe that police protection is needed for 29 your physical safety, you have the right to request that the 30 peace officer present remain at the scene until you and other 31 affected parties can leave or safety is otherwise ensured. 32 Sec. 72. Section 235E.3, subsection 3, Code 2018, is amended 33 to read as follows: 34 3. Providing a dependent adult with immediate and adequate 35 -34- LSB 5784SC (14) 87 lh/rj 34/ 106
S.F. _____ notice of the dependent adult’s rights. The notice shall 1 consist of handing the dependent adult a document that includes 2 the telephone numbers of shelters, support groups, and 3 crisis lines operating in the area and contains a copy of the 4 following written statement of rights ; requesting the dependent 5 adult to read the card document ; and asking the dependent adult 6 whether the dependent adult understands the rights: 7 [1] You have the right to ask the court for the following 8 help on a temporary basis: 9 [a] Keeping the alleged perpetrator away from you, your 10 home, your facility, and your place of work. 11 [b] The right to stay at your home or facility without 12 interference from the alleged perpetrator. 13 [c] Professional counseling for you, your family, or 14 household members, and the alleged perpetrator of the dependent 15 adult abuse. 16 [2] If you are in need of medical treatment, you have the 17 right to request that the peace officer present assist you in 18 obtaining transportation to the nearest hospital or otherwise 19 assist you. 20 [3] If you believe that police protection is needed for 21 your physical safety, you have the right to request that the 22 peace officer present remain at the scene until you and other 23 affected parties can leave or safety is otherwise ensured. 24 Sec. 73. Section 236.12, subsection 1, paragraph c, Code 25 2018, is amended to read as follows: 26 c. Providing an abused person with immediate and adequate 27 notice of the person’s rights. The notice shall consist of 28 handing the person a document that includes the telephone 29 numbers of shelters, support groups, and crisis lines operating 30 in the area and contains a copy of the following statement 31 of rights written in English and Spanish; asking the person 32 to read the card document ; and asking whether the person 33 understands the rights: 34 [1] You have the right to ask the court for the following 35 -35- LSB 5784SC (14) 87 lh/rj 35/ 106
S.F. _____ help on a temporary basis: 1 [a] Keeping your attacker away from you, your home and your 2 place of work. 3 [b] The right to stay at your home without interference from 4 your attacker. 5 [c] Getting custody of children and obtaining support for 6 yourself and your minor children if your attacker is legally 7 required to provide such support. 8 [d] Professional counseling for you, the children who are 9 members of the household, and the defendant. 10 [2] You have the right to seek help from the court to seek 11 a protective order with or without the assistance of legal 12 representation. You have the right to seek help from the 13 courts without the payment of court costs if you do not have 14 sufficient funds to pay the costs. 15 [3] You have the right to file criminal charges for threats, 16 assaults, or other related crimes. 17 [4] You have the right to seek restitution against your 18 attacker for harm to yourself or your property. 19 [5] If you are in need of medical treatment, you have 20 the right to request that the officer present assist you in 21 obtaining transportation to the nearest hospital or otherwise 22 assist you. 23 [6] If you believe that police protection is needed for your 24 physical safety, you have the right to request that the officer 25 present remain at the scene until you and other affected 26 parties can leave or until safety is otherwise ensured. 27 Sec. 74. Section 236A.13, subsection 1, paragraph c, Code 28 2018, is amended to read as follows: 29 c. Providing an abused person with immediate and adequate 30 notice of the person’s rights. The notice shall consist of 31 handing the person a document that includes the telephone 32 numbers of shelters, support groups, and crisis lines operating 33 in the area and contains a copy of the following statement 34 of rights written in English and Spanish; asking the person 35 -36- LSB 5784SC (14) 87 lh/rj 36/ 106
S.F. _____ to read the card document ; and asking whether the person 1 understands the rights: 2 [1] You have the right to ask the court for the following 3 help on a temporary basis: 4 [1] [a] Keeping your attacker away from you, your home, and 5 your place of work. 6 [2] [b] The right to stay at your home without interference 7 from your attacker. 8 [2] You have the right to seek help from the court to seek 9 a protective order with or without the assistance of legal 10 representation. You have the right to seek help from the 11 courts without the payment of court costs if you do not have 12 sufficient funds to pay the costs. 13 [3] You have the right to file criminal complaints for 14 threats, assaults, or other related crimes. 15 [4] You have the right to seek restitution against your 16 attacker for harm to yourself or your property. 17 [5] If you are in need of medical treatment, you have 18 the right to request that the officer present assist you in 19 obtaining transportation to the nearest hospital or otherwise 20 assist you. 21 [6] If you believe that police protection is needed for your 22 physical safety, you have the right to request that the officer 23 present remain at the scene until you and other affected 24 persons can leave or until safety is otherwise ensured. 25 Sec. 75. Section 256I.7, subsection 1, paragraph a, Code 26 2018, is amended to read as follows: 27 a. The early childhood Iowa initiative functions for an area 28 shall be performed under the authority of an early childhood 29 Iowa area board. The members of an area board shall be elected 30 officials or members of the public who are not employed by a 31 provider of services to or for the area board. In addition, 32 the membership of an area board shall include representation 33 from education, health, human services, business, and faith 34 interests, and at least one parent, grandparent, or guardian of 35 -37- LSB 5784SC (14) 87 lh/rj 37/ 106
S.F. _____ a child from zero through age five. However, not more than one 1 member shall represent the same entity or interest. 2 Sec. 76. Section 256I.8, subsection 1, paragraph b, Code 3 2018, is amended to read as follows: 4 b. Administer early childhood Iowa grant moneys available 5 from the state to the area board as provided by law and other 6 federal, state, local, and private moneys made available to 7 the area board. Eligibility for receipt of early childhood 8 Iowa grant moneys shall be limited to those early childhood 9 Iowa area boards that have developed an approved community 10 plan in accordance with this chapter . An early childhood Iowa 11 area board may apply to the state board for any private moneys 12 received by the early childhood Iowa initiative outside of a 13 state appropriation. 14 Sec. 77. Section 256I.8, subsection 1, paragraph d, Code 15 2018, is amended to read as follows: 16 d. Submit an annual report on the effectiveness of the 17 community plan in addressing school readiness and children’s 18 health and safety needs to the state board and to the local 19 government bodies in the area. The annual report shall 20 indicate the effectiveness of the area board in addressing 21 state and locally determined goals and the progress on each 22 of the community-wide indicators identified by the area board 23 under paragraph “c” , subparagraph (5). The report shall 24 include an annual budget developed for the following fiscal 25 year for the area’s comprehensive school ready children grant 26 for providing services for children from birth zero through 27 age five years of age , and provide other information specified 28 by the state board, including budget amendments, as needed. 29 In addition, each area board must comply with reporting 30 provisions and other requirements adopted by the state board 31 in implementing section 256I.9 . 32 Sec. 78. Section 256I.12, subsection 1, Code 2018, is 33 amended to read as follows: 34 1. Alliance created. An early childhood stakeholders 35 -38- LSB 5784SC (14) 87 lh/rj 38/ 106
S.F. _____ alliance is created to support the state board in addressing 1 the early care, health, and education systems that affect 2 children ages zero through age five in Iowa. 3 Sec. 79. Section 260C.22, subsection 1, paragraph e, Code 4 2018, is amended to read as follows: 5 e. This law subsection shall be construed as supplemental 6 and in addition to existing statutory authority and as 7 providing an independent method of financing the cost of 8 acquiring school facilities for which a tax has been voted 9 under this section and for the borrowing of money and execution 10 of loan agreements in connection therewith and shall not be 11 construed as subject to the provisions of any other law. The 12 fact that a merged area may have previously borrowed money and 13 entered into loan agreements under authority herein contained 14 shall not prevent such merged area from borrowing additional 15 money and entering into further loan agreements provided that 16 the aggregate of the amount payable under all of such loan 17 agreements does not exceed the proceeds of the voted tax. All 18 acts and proceedings heretofore taken by the board of directors 19 or by any official of any merged area for the exercise of any 20 of the powers granted by this section are hereby legalized and 21 validated in all respects. 22 Sec. 80. Section 261.9, unnumbered paragraph 1, Code 2018, 23 is amended to read as follows: 24 When used in this part subchapter , unless the context 25 otherwise requires: 26 Sec. 81. Section 262.21, Code 2018, is amended to read as 27 follows: 28 262.21 Annuity contracts. 29 1. As used in this section, unless the context otherwise 30 requires, “annuity contract” includes any custodial account 31 which meets the requirements of section 403(b)(7) of the 32 Internal Revenue Code, as defined in section 422.3. 33 2. At the request of an employee through contractual 34 agreement the board may arrange for the purchase of group 35 -39- LSB 5784SC (14) 87 lh/rj 39/ 106
S.F. _____ or individual annuity contracts for any of its employees, 1 which annuity contracts are issued by a nonprofit corporation 2 issuing retirement annuities exclusively for educational 3 institutions and their employees or are purchased from any 4 company the employee chooses that is authorized to do business 5 in this state or through an Iowa-licensed salesperson that 6 the employee selects, on a group or individual basis, for 7 retirement or other purposes, and may make payroll deductions 8 in accordance with the arrangements for the purpose of paying 9 the entire premium due and to become due under the contract. 10 The deductions shall be made in the manner which will qualify 11 the annuity premiums for the benefits under section 403(b) of 12 the Internal Revenue Code, as defined in section 422.3 . The 13 employee’s rights under the annuity contract are nonforfeitable 14 except for the failure to pay premiums. As used in this 15 section , unless the context otherwise requires, “annuity 16 contract” includes any custodial account which meets the 17 requirements of section 403(b)(7) of the Internal Revenue Code, 18 as defined in section 422.3 . 19 3. Whenever an existing tax-sheltered annuity contract is 20 to be replaced by a new contract the agent or representative 21 of the company shall submit a letter of intent to the company 22 being replaced, to the commissioner of insurance, and to the 23 agent’s or representative’s own company at least thirty days 24 prior to any action. Each required letter of intent shall 25 be sent by registered mail. This letter of intent shall 26 contain the policy number and description of the contract being 27 replaced and a description of the replacement contract. 28 Sec. 82. Section 262.56, Code 2018, is amended to read as 29 follows: 30 262.56 Authorization —— contracts —— title. 31 Subject to and in accordance with the provisions of this 32 subchapter the state board of regents is hereby authorized to 33 undertake and carry out any project as hereinbefore defined 34 in section 262.55 at the state university of Iowa, Iowa state 35 -40- LSB 5784SC (14) 87 lh/rj 40/ 106
S.F. _____ university of science and technology, and the university of 1 northern Iowa and to operate, control, maintain and manage 2 student residence halls and dormitories, including dining and 3 other incidental facilities, and additions to such buildings at 4 each of said institutions. All contracts for the construction, 5 reconstruction, completion, equipment, improvement, repair or 6 remodeling of any buildings, additions or facilities shall 7 be let in accordance with the provisions of section 262.34 . 8 The title to all real estate acquired under the provisions of 9 this subchapter and the improvements erected thereon shall be 10 taken and held in the name of the state of Iowa. The board 11 is authorized to rent the rooms in such residence halls and 12 dormitories to the students, officers, guests and employees 13 of said institutions at such rates, fees or rentals as will 14 provide a reasonable return upon the investment, but which will 15 in any event produce net rents, profits and income sufficient 16 to insure the payment of the principal of and interest on all 17 bonds or notes issued to pay any part of the cost of any project 18 and refunding bonds or notes issued pursuant to the provisions 19 of this subchapter . 20 Sec. 83. Section 263.2, Code 2018, is amended to read as 21 follows: 22 263.2 Degrees. 23 1. No one A person shall not be admitted to courses of 24 instruction in the university who if the person has not 25 completed the elementary instruction in such branches as are 26 taught in the common public or accredited nonpublic schools 27 throughout the state. 28 2. Graduates of the university shall receive degrees or 29 diplomas, or other evidences of distinction such as are usually 30 conferred and granted by universities and are authorized by the 31 state board of regents. 32 Sec. 84. Section 263.10, Code 2018, is amended to read as 33 follows: 34 263.10 Persons admitted. 35 -41- LSB 5784SC (14) 87 lh/rj 41/ 106
S.F. _____ Every resident of the state who is not more than twenty-one 1 years of age, who has such severe disabilities as to be unable 2 to acquire an education in the common public or accredited 3 nonpublic schools, and every such person who is twenty-one and 4 under thirty-five years of age who has the consent of the state 5 board of regents, shall be entitled to receive an education, 6 care, and training in the university of Iowa hospitals 7 and clinics center for disabilities and development, and 8 nonresidents similarly situated may be entitled to an education 9 and care at the center upon such terms as may be fixed by the 10 state board of regents. The fee for nonresidents shall be not 11 less than the average expense of resident pupils and shall be 12 paid in advance. Residents and persons under the care and 13 control of a director of a division of the department of human 14 services who have severe disabilities may be transferred to the 15 center upon such terms as may be agreed upon by the state board 16 of regents and the director. 17 Sec. 85. Section 270.6, Code 2018, is amended to read as 18 follows: 19 270.6 Certification Certificate to auditor —— collection. 20 The superintendent shall, at the time of sending the 21 certificate to the director of the department of administrative 22 services, send a duplicate copy to the auditor of the county of 23 the pupil’s residence, who shall, when ordered by the board of 24 supervisors, proceed to collect the same amounts due by action 25 if necessary, in the name of the county, and when so collected, 26 shall pay the same amounts into the county treasury. 27 Sec. 86. Section 270.7, subsection 2, Code 2018, is amended 28 to read as follows: 29 2. If a county fails to pay these bills within sixty days 30 from the date of the certificate from the superintendent, the 31 director of the department of administrative services shall 32 charge the delinquent county a penalty of three-fourths of one 33 percent per month on and after sixty days from the date of the 34 certificate until paid. The penalties shall be credited to the 35 -42- LSB 5784SC (14) 87 lh/rj 42/ 106
S.F. _____ general fund of the state. 1 Sec. 87. Section 272.2, subsection 20, Code 2018, is amended 2 to read as follows: 3 20. Establish by rule Adopt rules pursuant to chapter 17A 4 establishing endorsements and authorizations for computer 5 science instruction, including traditional and nontraditional 6 pathways for obtaining such endorsements or authorizations. 7 Sec. 88. Section 274.2, Code 2018, is amended to read as 8 follows: 9 274.2 General applicability. 10 The provisions of law relative to common public or 11 accredited nonpublic schools shall apply alike to all 12 districts, except when otherwise clearly stated, and the powers 13 given to one form of corporation, or to a board in one kind 14 of corporation, shall be exercised by the other in the same 15 manner, as nearly as practicable. But school boards shall not 16 incur original indebtedness by the issuance of bonds until 17 authorized by the voters of the school corporation. 18 Sec. 89. Section 274.39, Code 2018, is amended to read as 19 follows: 20 274.39 Sale of land to government. 21 Whenever the federal government, or any agency or department 22 thereof shall have heretofore located or shall hereafter locate 23 of the federal government, locates in any county an ordnance 24 plant or other project which may be deemed desirable for the 25 development of the national defense or for the purpose of flood 26 control, and for the purpose of so locating such plant or 27 project shall have heretofore determined, or shall hereafter 28 determine, determines that real property and improvements 29 thereon on the property owned by school districts is are 30 required, the board of directors of such school districts by 31 resolution is hereby authorized to sell and convey such the 32 property at a price and upon terms as may be agreed upon , any 33 such . The instruments of conveyance to shall be executed on 34 behalf of such the school districts by the president of such 35 -43- LSB 5784SC (14) 87 lh/rj 43/ 106
S.F. _____ each district. 1 Sec. 90. Section 275.4, subsection 1, paragraph a, Code 2 2018, is amended to read as follows: 3 a. In developing studies and surveys the area education 4 agency board shall consult with the officials of school 5 districts in the area and other citizens, and shall from time 6 to time hold public hearings, and may employ such research and 7 other assistance as it may determine reasonably necessary in 8 order to properly carry on its survey and prepare definite 9 plans of reorganization. 10 Sec. 91. Section 275.9, subsection 1, Code 2018, is amended 11 to read as follows: 12 1. When any school district is enlarged, reorganized, 13 or changes its boundaries pursuant to the plans hereinabove 14 provided for under sections 275.2 through 275.8 , such 15 enlargement, reorganization, or boundary change shall be 16 accomplished by the method hereinafter provided in this 17 subchapter . 18 Sec. 92. Section 275.13, Code 2018, is amended to read as 19 follows: 20 275.13 Affidavit —— presumption. 21 Such petition shall be accompanied by an affidavit showing 22 the number of registered voters living in each affected 23 district or portion thereof described in the petition and 24 signed by a registered voter residing in the territory, and if 25 parts of the territory described in the petition are situated 26 in different area education agencies, the affidavit shall show 27 separately as to each agency, the number of registered voters 28 in the part of the agency included in the territory described. 29 The affidavit shall be taken as true unless objections to it 30 are filed on or before the time fixed for filing objections as 31 provided in section 275.14 hereof . 32 Sec. 93. Section 275.27, Code 2018, is amended to read as 33 follows: 34 275.27 Community school districts —— part of area education 35 -44- LSB 5784SC (14) 87 lh/rj 44/ 106
S.F. _____ agency. 1 School districts created or enlarged under this chapter are 2 community school districts and are part of the area education 3 agency in which the greatest number of registered voters of the 4 district reside at the time of the special election called for 5 in section 275.18 , and sections of the Code applicable to the 6 common public or accredited nonpublic schools generally are 7 applicable to these districts in addition to the powers and 8 privileges conferred by this chapter . If a school district, 9 created or enlarged under this chapter and assigned to an area 10 education agency under this section , can demonstrate that 11 students in the district were utilizing a service or program 12 prior to the formation of the new or enlarged district that is 13 unavailable from the area education agency to which the new or 14 enlarged district is assigned, the district may be reassigned 15 to the area education agency which formerly provided the 16 service or program, upon an affirmative majority vote of the 17 boards of the affected area education agencies to permit the 18 change. 19 Sec. 94. Section 275.33, subsection 1, Code 2018, is amended 20 to read as follows: 21 1. The terms of employment of superintendents, principals, 22 and teachers, for the school year following the effective date 23 of the formation of the new district shall not be affected by 24 the formation of the new district, except in accordance with 25 the provisions of sections 279.15 to through 279.18 and 279.24 26 and the authority and responsibility to offer new contracts or 27 to continue, modify, or terminate existing contracts pursuant 28 to sections 279.12 , 279.13 , 279.15 to through 279.21 , 279.23 , 29 and 279.24 for the school year beginning with the effective 30 date of the reorganization shall be transferred from the boards 31 of the existing districts to the board of the new district 32 on the third Tuesday of January prior to the school year the 33 reorganization is effective. 34 Sec. 95. Section 277.32, Code 2018, is amended to read as 35 -45- LSB 5784SC (14) 87 lh/rj 45/ 106
S.F. _____ follows: 1 277.32 Penalties. 2 Any school officer willfully violating any law relative to 3 common public or accredited nonpublic schools, or willfully 4 failing or refusing to perform any duty imposed by law, 5 shall forfeit and pay into the treasury of the particular 6 school corporation in which the violation occurs the sum of 7 twenty-five dollars, action to recover which shall be brought 8 in the name of the proper school corporation, and be applied to 9 the use of the schools therein. 10 Sec. 96. Section 279.16, subsection 3, Code 2018, is amended 11 to read as follows: 12 3. The board shall not be bound by common law or statutory 13 rules of evidence or by technical or formal rules of procedure, 14 but it shall hold the hearing in such manner as is best 15 suited to ascertain and conserve the substantial rights of 16 the parties. Process and procedure under sections 279.13 to 17 through 279.19 shall be as summary as reasonably may be. 18 Sec. 97. Section 279.36, Code 2018, is amended to read as 19 follows: 20 279.36 Publication procedures and fee. 21 1. The requirements of section 279.35 are satisfied by 22 publication in at least one newspaper published in the district 23 or, if there is none, in at least one newspaper having general 24 circulation within the district. 25 2. For the fiscal year beginning July 1, 1987, the fee for 26 publications required under section 279.35 shall not exceed 27 three-fifths of the legal publication fee provided by statute 28 for the publication of legal notices. For the fiscal year 29 beginning July 1, 1988, the fee for the publications shall 30 not exceed three-fourths of that legal publication fee. For 31 the fiscal year beginning July 1, 1989, and each fiscal year 32 thereafter, the fee for the publications shall be the legal 33 publication fee provided by statute. 34 Sec. 98. Section 280.2, Code 2018, is amended to read as 35 -46- LSB 5784SC (14) 87 lh/rj 46/ 106
S.F. _____ follows: 1 280.2 Definitions. 2 The term “public school” means any school directly supported 3 in whole or in part by taxation. The term “nonpublic 4 As used in this chapter, unless the context otherwise 5 requires: 6 1. “Nonpublic school” means any other school , other than a 7 public school, which is accredited pursuant to section 256.11 . 8 2. “Public school” means any school directly supported in 9 whole or in part by taxation. 10 Sec. 99. Section 282.18, subsection 11, Code 2018, is 11 amended to read as follows: 12 11. a. A pupil who participates in open enrollment for 13 purposes of attending a grade in grades nine through twelve 14 in a school district other than the district of residence is 15 ineligible to participate in varsity interscholastic athletic 16 contests and athletic competitions during the pupil’s first 17 ninety school days of enrollment in the district except that 18 the district. However, a pupil may participate immediately in 19 a varsity interscholastic sport if under any of the following 20 circumstances: 21 (1) If the pupil is entering grade nine for the first 22 time and did not participate in an interscholastic athletic 23 competition for another school or school district during the 24 summer immediately following eighth grade , if . 25 (2) If the district of residence and the other school 26 district jointly participate in the sport , if . 27 (3) If the sport in which the pupil wishes to participate is 28 not offered in the district of residence , if . 29 (4) If the pupil chooses to use open enrollment to attend 30 school in another school district because the district in which 31 the student previously attended school was dissolved and merged 32 with one or more contiguous school districts under section 33 256.11, subsection 12 , if . 34 (5) If the pupil participates in open enrollment because the 35 -47- LSB 5784SC (14) 87 lh/rj 47/ 106
S.F. _____ pupil’s district of residence has entered into a whole grade 1 sharing agreement with another district for the pupil’s grade , 2 if . 3 (6) If the parent or guardian of the pupil participating 4 in open enrollment is an active member of the armed forces and 5 resides in permanent housing on government property provided by 6 a branch of the armed services , or if . 7 (7) If the district of residence determines that the pupil 8 was previously subject to a founded incident of harassment or 9 bullying as defined in section 280.28 while attending school 10 in the district of residence. 11 b. A pupil who has paid tuition and attended school, or 12 has attended school pursuant to a mutual agreement between the 13 two districts, in a district other than the pupil’s district 14 of residence for at least one school year is also eligible to 15 participate immediately in interscholastic athletic contests 16 and athletic competitions under this section , but only as a 17 member of a team from the district that pupil had attended. 18 c. For purposes of this subsection , “school days of 19 enrollment” does not include enrollment in summer school. For 20 purposes of this subsection , “varsity” means the same as defined 21 in section 256.46 . 22 Sec. 100. Section 284.1, unnumbered paragraph 1, Code 2018, 23 is amended to read as follows: 24 A student achievement and teacher quality program is 25 established to promote high student achievement. The program 26 shall consist of the following four major elements: 27 Sec. 101. Section 284.3A, subsection 3, Code 2018, is 28 amended to read as follows: 29 3. A school district or area education agency shall not 30 be required to maintain a separate account within its budget 31 based on source of funds for payments received and expenditures 32 made pursuant to this section . The school district or area 33 education agency shall annually certify to the department of 34 education that funding received pursuant to sections 257.10 and 35 -48- LSB 5784SC (14) 87 lh/rj 48/ 106
S.F. _____ 257.37A was expended on salaries for qualified teachers. 1 Sec. 102. Section 284.6, subsection 9, Code 2018, is amended 2 to read as follows: 3 9. Moneys received pursuant to section 257.10, subsection 4 10 , or section 257.37A, subsection 2 , shall be maintained 5 as a separate listing within a school district’s or area 6 education agency’s budget for funds received and expenditures 7 made pursuant to this subsection . The department shall not 8 require a school district or area education agency to allocate 9 a specific amount or percentage of moneys received pursuant to 10 section 257.10, subsection 10 , or section 257.37A, subsection 11 2 , for professional development related to implementation of 12 the core curriculum under section 256.7, subsection 26 . A 13 school district shall certify to the department of education 14 how the school district allocated the funds and that moneys 15 received under this subsection were used to supplement, not 16 supplant, the professional development opportunities the school 17 district would otherwise make available. For budget years 18 beginning on or after July 1, 2017, all or a portion of the 19 moneys received pursuant to section 257.10, subsection 10 , that 20 remain unexpended and unobligated at the end of a fiscal year 21 may, pursuant to section 257.10, subsection 10 , paragraph “d” , 22 be transferred for deposit in the school district’s flexibility 23 account established under section 298A.2, subsection 2 . 24 Sec. 103. Section 284.13, subsection 1, paragraph d, 25 subparagraph (1), unnumbered paragraph 1, Code 2018, is amended 26 to read as follows: 27 For the following years, to the department of education , for 28 purposes of teacher leadership supplemental aid payments to 29 school districts for implementing the career paths, leadership 30 roles, and compensation framework or comparable system approved 31 in accordance with section 284.15, subsection 6 , the following 32 amounts: 33 Sec. 104. Section 284.13, subsection 1, paragraph g, Code 34 2018, is amended to read as follows: 35 -49- LSB 5784SC (14) 87 lh/rj