Senate File 2347 - Introduced SENATE FILE 2347 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO SSB 3176) A BILL FOR An Act relating to statutory corrections which may adjust 1 language to reflect current practices, insert earlier 2 omissions, delete redundancies and inaccuracies, delete 3 temporary language, resolve inconsistencies and conflicts, 4 update ongoing provisions, or remove ambiguities, and 5 including effective date and retroactive applicability 6 provisions. 7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 8 TLSB 5940SV (2) 88 lh/ns

S.F. 2347 DIVISION I 1 MISCELLANEOUS CHANGES 2 Section 1. Section 6B.32, Code 2020, is amended to read as 3 follows: 4 6B.32 Removal of condemner. 5 The sheriff, upon being furnished with a copy of the 6 assessment as determined on appeal, certified to by the clerk 7 of the district court, may remove from said premises the 8 condemner and all persons acting for or under the condemner, 9 unless the amount of the assessment is forthwith paid or 10 deposited as hereinbefore provided in sections 6B.25 through 11 6B.31 . 12 Sec. 2. Section 8.2, subsection 5, Code 2020, is amended to 13 read as follows: 14 5. The terms “department and establishment” and “department” 15 or “establishment” , mean any executive department, commission, 16 board, institution, bureau, office, or other agency of the 17 state government, by whatever name called, that uses, expends, 18 or receives any state funds, including the state department of 19 transportation, except for funds which are required to match 20 federal aid allotted to the state by the federal government for 21 highway special purposes, and except but excluding the courts , 22 by whatever name called, other than and the legislature , that 23 uses, expends or receives any state funds . 24 Sec. 3. Section 8.35, Code 2020, is amended to read as 25 follows: 26 8.35 General supervisory control. 27 The governor and the director of the department of 28 management and any officer of the department of management, 29 hereinabove provided for, when authorized by the governor, 30 are hereby authorized to make such inquiries regarding the 31 receipts, custody , and application of state funds, existing 32 organization, activities , and methods of business of the 33 departments and establishments, assignments of particular 34 activities to particular services and regrouping of such 35 -1- LSB 5940SV (2) 88 lh/ns 1/ 180

S.F. 2347 services, as in the opinion of the governor, will enable the 1 governor to make recommendations to the legislature, and, 2 within the scope of the powers possessed by the governor, to 3 order action to be taken, having for their purpose to bring 4 about increased economy and efficiency in the conduct of the 5 affairs of government. 6 Sec. 4. Section 8D.3, subsection 3, paragraph e, 7 subparagraph (3), Code 2020, is amended by striking the 8 subparagraph. 9 Sec. 5. Section 8D.13, subsection 13, Code 2020, is amended 10 by striking the subsection. 11 Sec. 6. Section 9H.1, subsection 23, Code 2020, is amended 12 to read as follows: 13 23. “Testamentary trust” means a trust created by devising 14 or bequeathing property in trust in a will as such terms are 15 used in the Iowa probate trust code as provided in chapter 16 633A . Testamentary trust includes a revocable trust that has 17 not been revoked prior to the grantor’s death. 18 Sec. 7. Section 10.2, unnumbered paragraph 1, Code 2020, is 19 amended to read as follows: 20 As used in this chapter , all of the following apply: 21 Sec. 8. Section 12.20, Code 2020, is amended to read as 22 follows: 23 12.20 Issuance of new check. 24 Upon presentation of any check voided as above provided in 25 section 12.19 by the holder thereof of the check after said the 26 six months’ six-months’ period, the state treasurer is hereby 27 authorized to issue to said holder, a new check for the amount 28 of the original check to the holder . 29 Sec. 9. Section 12.30, subsection 1, paragraph a, Code 2020, 30 is amended to read as follows: 31 a. “Authority” means a department, or public or quasi-public 32 instrumentality of the state including but not limited to the 33 authority created under chapter 12E , 16 , 257C , or 261A , which 34 has the power to issue obligations, except that “authority” 35 -2- LSB 5940SV (2) 88 lh/ns 2/ 180

S.F. 2347 does not include the state board of regents or the Iowa finance 1 authority to the extent it the Iowa finance authority acts 2 pursuant to chapter 260C . “Authority” also includes a port 3 authority created under chapter 28J . 4 Sec. 10. Section 16.2, subsection 1, Code 2020, is amended 5 to read as follows: 6 1. An Iowa finance authority board of directors is 7 created. The powers of the authority are vested in and shall 8 be exercised by the board. The authority includes nine voting 9 members appointed by the governor subject to confirmation by 10 the senate. The authority also includes one ex officio voting 11 member who must be designated by the agricultural development 12 board created in section 16.2C and be a member of that board. 13 a. Not more than five members shall belong to the same 14 political party. 15 b. As far as possible, when appointing members the governor 16 shall include within the membership persons who represent 17 community and housing development industries, housing finance 18 industries, the real estate sales industry, elderly families, 19 minorities, lower income families, very low income families, 20 families which include persons with disabilities, average 21 taxpayers, local government, business interests, and any other 22 person specially interested in community housing, finance, or 23 small business. 24 Sec. 11. Section 16.47, subsection 1, Code 2020, is amended 25 to read as follows: 26 1. A home and community-based services revolving loan 27 program fund is created within the authority to further the 28 goals specified in section 231.3 , adult day services, case 29 management services, options counseling, family caregiving, 30 homemaker services, respite services, congregate and home 31 delivered meals, health and wellness, health screening, 32 and nutritional assessments. The moneys in the home and 33 community-based services revolving loan program fund shall be 34 used by the authority for the development and operation of a 35 -3- LSB 5940SV (2) 88 lh/ns 3/ 180

S.F. 2347 revolving loan program to develop and expand facilities and 1 infrastructure that provide adult day services, case management 2 services, options counseling, family caregiving, homemaker 3 services, respite services, congregate and home delivered 4 meals, and programming space for health and wellness, health 5 screening, and nutritional assessments that address the needs 6 of persons with low incomes. 7 Sec. 12. Section 24.4, Code 2020, is amended to read as 8 follows: 9 24.4 Time of filing estimates. 10 All such The estimates required under section 24.3 and any 11 other estimates required by law shall be made and filed a 12 sufficient length of time in advance of any regular or special 13 meeting of the certifying board or levying board, as the case 14 may be, at which tax levies are authorized to be made to permit 15 publication, discussion, and consideration thereof and action 16 thereon as hereinafter provided. 17 Sec. 13. Section 24.5, Code 2020, is amended to read as 18 follows: 19 24.5 Estimates itemized. 20 The estimates herein required under this chapter shall be 21 fully itemized and classified so as to show each particular 22 class of proposed expenditure, showing under separate heads the 23 amount required in such manner and form as shall be prescribed 24 by the state board. 25 Sec. 14. Section 29A.1, unnumbered paragraph 1, Code 2020, 26 is amended to read as follows: 27 The following words, terms, and phrases when used in this 28 chapter shall have the respective meanings herein set forth in 29 this section : 30 Sec. 15. Section 29A.1, subsection 14, Code 2020, is amended 31 to read as follows: 32 14. Except when otherwise expressly defined herein in this 33 section, military words, terms , and phrases shall have the 34 meaning commonly ascribed to them in the military profession. 35 -4- LSB 5940SV (2) 88 lh/ns 4/ 180

S.F. 2347 Sec. 16. Section 29A.4, Code 2020, is amended to read as 1 follows: 2 29A.4 Organization —— armament —— equipment and discipline. 3 The organization, armament, equipment and discipline of 4 the national guard, and the militia when called into state 5 active duty, except as hereinafter specifically provided in 6 this chapter , shall be the same as that which is now or may 7 be hereafter prescribed under the provisions of federal law 8 and regulations as to those requirements which are mandatory 9 therein under federal law and regulation , but as to those 10 things which are optional therein under federal law and 11 regulation they shall become effective when an order or 12 regulation to that effect shall have been is promulgated by the 13 governor. 14 Sec. 17. Section 29A.20, Code 2020, is amended to read as 15 follows: 16 29A.20 Officers. 17 Officers of the national guard shall be selected from the 18 classes of persons having the qualifications prescribed by 19 federal law and regulations. They shall be appointed by the 20 governor upon the recommendation of their superiors in the 21 chain of command, provided that they shall have successfully 22 passed such tests as to physical, moral, and professional 23 fitness, as shall be prescribed by law and regulations. Each 24 officer shall take an oath of office and shall hold office 25 until the officer shall have attained the maximum age of 26 retirement that is prescribed by federal law or regulations 27 pertaining to officers of the armed forces of the United 28 States, unless the officer’s commission or warrant is sooner 29 vacated by resignation, death , or as hereinafter provided in 30 this chapter . In case the officer has no immediate superiors, 31 within the state, in the chain of command, the officer shall 32 be appointed, as above provided in this section , upon the 33 recommendation of the adjutant general. A commission shall 34 designate the arm or branch of service in which the officer 35 -5- LSB 5940SV (2) 88 lh/ns 5/ 180

S.F. 2347 is commissioned. Provided, however, that no person shall be 1 appointed a commissioned or warrant officer who has not reached 2 the person’s eighteenth birthday at or prior to the time of 3 such appointment. 4 Sec. 18. Section 29A.74, subsection 2, Code 2020, is amended 5 to read as follows: 6 2. Except as otherwise provided in this chapter no , a report 7 or listing , either official or otherwise, of “missing” or 8 “missing in action” shall not constitute or be interpreted as 9 constituting actual knowledge or actual notice of the death of 10 such principal or notice of any facts indicating the same, or 11 shall operate to revoke the agency. 12 Sec. 19. Section 29B.119, subsection 1, Code 2020, is 13 amended to read as follows: 14 1. Whenever complaint is made to any commanding officer that 15 willful damage has been done to the property of any person or 16 that the person’s property has been wrongfully taken by members 17 of the state military forces, the person may, subject to such 18 regulations as the adjutant general may prescribe, convene a 19 board to investigate the complaint. The board shall consist of 20 from one to three commissioned officers and, for the purpose 21 of that investigation, it has power to summon witnesses and 22 examine them upon oath or affirmation, to receive depositions 23 or other documentary evidence, and to assess the damages 24 sustained against the responsible parties. The assessment of 25 damages made by the board is subject to the approval of the 26 commanding officer, and in the amount approved shall be charged 27 against the pay of the offenders. The order of the commanding 28 officer directing charges herein authorized in this section 29 is conclusive, except as provided herein in this chapter , on 30 any disbursement officer for the payment by the officer to the 31 injured parties of the damages so assessed and approved. 32 Sec. 20. Section 29C.24, subsection 6, Code 2020, is amended 33 to read as follows: 34 6. Powers and duties not created. This Act section shall 35 -6- LSB 5940SV (2) 88 lh/ns 6/ 180

S.F. 2347 not be construed to place any new mandates or duties upon 1 a local emergency management commission or create any new 2 authority or power for a local emergency management commission 3 not already expressly granted in another provision of this 4 chapter . 5 Sec. 21. Section 39.25, Code 2020, is amended to read as 6 follows: 7 39.25 Sex no Gender not a disqualification. 8 No A person shall not be disqualified on account of sex the 9 person’s gender from holding any office created by the statutes 10 of this state. 11 Sec. 22. Section 43.77, subsection 1, Code 2020, is amended 12 to read as follows: 13 1. No Either no person filed under section 43.11 as a 14 candidate for the party’s nomination for that office in the 15 primary election, or all persons who filed under section 43.11 16 as candidates for the party’s nomination for that office in 17 the primary election subsequently withdrew as candidates, were 18 found to lack the requisite qualifications for the office , or 19 died before the date of the primary election, and no candidate 20 received a sufficient number of write-in votes to be nominated. 21 Sec. 23. Section 43.103, Code 2020, is amended to read as 22 follows: 23 43.103 Duty of county commissioner. 24 The commissioner, in case the district delegates for the 25 commissioner’s county have not been selected, shall deliver a 26 copy of said the call of the state party chairperson to the 27 chairperson of the convention which selects said delegates. 28 Sec. 24. Section 43.112, Code 2020, is amended to read as 29 follows: 30 43.112 Nominations in certain cities. 31 1. This chapter shall, so far as applicable, govern the 32 nominations of candidates by political parties for all offices 33 to be filled by a direct vote of the people in cities acting 34 under a special charter in 1973 and having a population of 35 -7- LSB 5940SV (2) 88 lh/ns 7/ 180

S.F. 2347 over fifty thousand, except all such cities as choose by 1 special election to conduct nonpartisan city elections under 2 the provisions of chapter 44 , 45 , or 376 . An election on the 3 question of conducting city elections in such a special charter 4 city on a nonpartisan basis may be called by the city council 5 on its own initiative, and shall be called by the council upon 6 receipt of a petition of the voters which so requests and 7 is presented in conformity with section 362.4 , but a special 8 election on that question shall be held concurrently with any 9 election being held on the first Tuesday after the first Monday 10 in November of any odd-numbered year. 11 2. Sections 43.114 to through 43.118 shall apply only 12 to cities to which this chapter is made applicable by this 13 section . 14 Sec. 25. Section 43.116, subsection 1, paragraph a, Code 15 2020, is amended to read as follows: 16 a. No Either no person filed at the time required by section 17 43.115 as a candidate for the party’s nomination for that 18 office in the city primary election held under section 43.112 , 19 or all persons who did so subsequently withdrew as candidates, 20 were found to lack the requisite requirements for the office , 21 or died before the date of the city primary election, and no 22 candidate received a number of write-in votes sufficient for 23 nomination under section 43.53 ; or 24 Sec. 26. Section 44.13, Code 2020, is amended to read as 25 follows: 26 44.13 Certificates in matter of vacancies. 27 The certificates of nominations made to supply fill such 28 vacancies shall state, in addition to the facts and candidate’s 29 affidavit required in an original certificate, the name of 30 the original nominee, the date of death or declination of 31 nomination, or the fact that the former nomination has been 32 held insufficient or inoperative, and the measures taken in 33 accordance with the above requirements for filling a vacancy, 34 and shall be signed and sworn to by the presiding officer and 35 -8- LSB 5940SV (2) 88 lh/ns 8/ 180

S.F. 2347 secretary of the convention, or caucus, or by the chairperson 1 and secretary of the committee, as the case may be. 2 Sec. 27. Section 46.2A, subsection 3, Code 2020, is amended 3 to read as follows: 4 3. The terms of any commissioner currently serving on May 5 8, 2019, on the state judicial nominating commission or any 6 commissioner already elected to begin serving on July 1, 2019, 7 shall not be affected by 2019 Iowa Acts, ch. 89. 8 Sec. 28. Section 46.2A, Code 2020, is amended by adding the 9 following new subsection: 10 NEW SUBSECTION . 4. This section is repealed July 1, 2024. 11 Sec. 29. Section 46.5, subsection 5, Code 2020, is amended 12 to read as follows: 13 5. Notwithstanding section 69.1A , appointed and elected 14 commissioners on the state and district judicial nominating 15 commissions shall not hold over until their successor is 16 appointed or elected and qualified. 17 Sec. 30. Section 49.31, subsection 1, paragraph b, Code 18 2020, is amended to read as follows: 19 b. (1) The commissioner shall determine the order of 20 candidates on the ballot as provided in this paragraph. The 21 order shall be the same for each office on the ballot and for 22 each precinct in the county voting in the election. 23 (2) The state commissioner shall compile a list of each 24 county in the state in alphabetical order and assign a number 25 to each county such that the first county listed is number 26 one, the second county listed is number two, and continuing 27 in descending order in the same manner. The commissioner 28 shall put in alphabetical order the top two political parties 29 receiving the highest votes from the most recent election. 30 (3) The commissioner of each county assigned an even number 31 pursuant to subparagraph (2) shall arrange the ballot as 32 follows: 33 (a) The candidates of the first political party by 34 alphabetical order pursuant to subparagraph (2) shall appear 35 -9- LSB 5940SV (2) 88 lh/ns 9/ 180

S.F. 2347 first on the ballot for the first general election at which 1 the president of the United States is to be elected following 2 July 1, 2019, and second on the ballot for the first general 3 election at which the governor will be elected following July 4 1, 2019, and second on the ballot for the second general 5 election at which the president of the United States is to be 6 elected following July 1, 2019, and first on the ballot for the 7 second general election at which the governor will be elected 8 following July 1, 2019, and thereafter alternating with the 9 candidates of the second political party by alphabetical order 10 pursuant to subparagraph (2). 11 (b) The candidates of the second political party by 12 alphabetical order pursuant to subparagraph (2) shall appear 13 second on the ballot for the first general election at which 14 the president of the United States is to be elected following 15 July 1, 2019, and first on the ballot for the first general 16 election at which the governor will be elected following 17 July 1, 2019, and first on the ballot for the second general 18 election at which the president of the United States is to 19 be elected following July 1, 2019, and second on the ballot 20 for the second general election at which the governor will be 21 elected following July 1, 2019, and thereafter alternating with 22 the candidates of the first political party by alphabetical 23 order pursuant to subparagraph (2). 24 (4) The commissioner of each county assigned an odd number 25 pursuant to subparagraph (2) shall arrange the ballot as 26 follows: 27 (a) The candidates of the second political party by 28 alphabetical order pursuant to subparagraph (2) shall appear 29 first on the ballot for the first general election at which 30 the president of the United States is to be elected following 31 July 1, 2019, and second on the ballot for the first general 32 election at which the governor will be elected following July 33 1, 2019, and second on the ballot for the second general 34 election at which the president of the United States is to be 35 -10- LSB 5940SV (2) 88 lh/ns 10/ 180

S.F. 2347 elected following July 1, 2019, and first on the ballot for the 1 second general election at which the governor will be elected 2 following July 1, 2019, and thereafter alternating with the 3 candidates of the first political party by alphabetical order 4 pursuant to subparagraph (2). 5 (b) The candidates of the first political party by 6 alphabetical order pursuant to subparagraph (2) shall appear 7 second on the ballot for the first general election at which 8 the president of the United States is to be elected following 9 July 1, 2019, and first on the ballot for the first general 10 election at which the governor will be elected following 11 July 1, 2019, and first on the ballot for the second general 12 election at which the president of the United States is to 13 be elected following July 1, 2019, and second on the ballot 14 for the second general election at which the governor will be 15 elected following July 1, 2019, and thereafter alternating with 16 the candidates of the second political party by alphabetical 17 order pursuant to subparagraph (2). 18 (c) (5) The commissioner shall determine the order of 19 candidates of nonparty political organizations on the ballot. 20 The order shall be the same for each office on the ballot and 21 for each precinct in the county voting in the election. 22 Sec. 31. Section 49.38, Code 2020, is amended to read as 23 follows: 24 49.38 Candidate’s name to appear but once. 25 The name of a candidate shall not appear upon the ballot in 26 more than one place for the same office, whether nominated by 27 convention, primary, caucus, or petition, except as hereinafter 28 otherwise provided in this chapter . 29 Sec. 32. Section 49.49, Code 2020, is amended to read as 30 follows: 31 49.49 Certain sample ballots prohibited. 32 The commissioner and state commissioner of elections shall 33 not distribute or authorize the distribution of sample ballots 34 to voters other than as provided in sections 43.30, 49.53 , and 35 -11- LSB 5940SV (2) 88 lh/ns 11/ 180

S.F. 2347 52.29 . 1 Sec. 33. Section 49.58, subsection 2, Code 2020, is amended 2 to read as follows: 3 2. Each candidate for that office whose name appeared 4 on the general election ballot shall also be a candidate for 5 the office in the special election, except that the deceased 6 candidate’s political party may designate another candidate in 7 substantially the manner provided by section 43.78 for filling 8 vacancies on the general election ballot. However, a political 9 party which did not have a candidate on the general election 10 ballot for the office in question may similarly designate a 11 candidate for that office in the special election. The name 12 of any replacement or additional candidate so designated shall 13 be submitted in writing to the state commissioner, or the 14 commissioner in the case of a candidate for county supervisor, 15 not later than 5:00 p.m. on the first Tuesday after the date of 16 the general election. The name of a any other candidate that 17 did not appear on the general election ballot as a candidate 18 for the office in question shall not be placed on the ballot 19 for the special election, in any manner. The special election 20 shall be held and canvassed in the manner prescribed by law for 21 the general election. 22 Sec. 34. Section 49A.10, subsection 1, Code 2020, is amended 23 to read as follows: 24 1. Whenever an amendment to the Constitution of the State of 25 Iowa shall have been is proposed and agreed to by the general 26 assembly and shall have been is agreed to by the succeeding 27 general assembly, any taxpayer may file suit in equity in 28 the district court at the seat of government of the state, 29 challenging the validity, legality, or constitutionality of 30 such the amendment , and in such . In the suit , the district 31 court shall have jurisdiction to determine the validity, 32 legality, or constitutionality of said the amendment and enter 33 its decree accordingly , and . The court may grant a writ of 34 injunction enjoining the governor and state commissioner of 35 -12- LSB 5940SV (2) 88 lh/ns 12/ 180

S.F. 2347 elections from submitting such the constitutional amendment to 1 the electorate, if the proposed constitutional amendment shall 2 have been is found to be invalid, illegal, or unconstitutional. 3 Sec. 35. Section 49A.11, Code 2020, is amended to read as 4 follows: 5 49A.11 Parties. 6 In such a suit under section 49A.10, the taxpayer shall be 7 plaintiff and the governor and state commissioner of elections 8 shall be defendants. Any taxpayer may intervene, either as 9 party plaintiff or defendant. 10 Sec. 36. Section 50.8, Code 2020, is amended to read as 11 follows: 12 50.8 Error on state or district office —— tie vote. 13 If the error be is in relation to a district or state office, 14 it the error shall be certified with the number of the excess 15 to the state commissioner. If the error affects the result 16 of the election, the canvass shall be suspended and a new 17 vote ordered in the precinct where the error occurred. When 18 there is a tie vote due to such an excess, there shall be a 19 new election. No A person who was not a registered voter in 20 that precinct at the time of the general election shall not be 21 allowed to vote at such the special election. When the new 22 vote is taken and returned, the canvass shall be completed. 23 Sec. 37. Section 69.2, subsection 1, paragraph h, Code 2020, 24 is amended to read as follows: 25 h. The incumbent simultaneously holding more than one 26 elective office at the same level of government. This 27 subsection paragraph does not apply to the county agricultural 28 extension council or the soil and water conservation district 29 commission. 30 Sec. 38. Section 69.16, subsection 1, Code 2020, is amended 31 to read as follows: 32 1. All appointive boards, commissions, and councils of 33 the state established by the Code if not otherwise provided 34 by law shall be bipartisan in their composition. No A person 35 -13- LSB 5940SV (2) 88 lh/ns 13/ 180

S.F. 2347 shall not be appointed or reappointed to any board, commission, 1 or council established by the Code , if the effect of that 2 appointment or reappointment would cause the number of members 3 of the board, commission, or council belonging to one political 4 party to be greater than one-half the membership of the board, 5 commission, or council plus one. 6 Sec. 39. Section 76.1, subsection 1, Code 2020, is amended 7 to read as follows: 8 1. Hereafter issues Issues of bonds of every kind and 9 character by counties, cities, and school corporations shall be 10 consecutively numbered. 11 Sec. 40. Section 84A.1B, subsection 14, paragraph a, Code 12 2020, is amended to read as follows: 13 a. An entry-level hourly wage of not less than fourteen 14 dollars. 15 Sec. 41. Section 84A.2, subsection 1, paragraph b, Code 16 2020, is amended to read as follows: 17 b. If a local workforce development area includes more 18 than one unit of general local government, the individuals 19 designated under the agreement described in section 84A.4, 20 subsection 2 , paragraph “h” “g” , subparagraph (2). 21 Sec. 42. Section 85.22, subsection 5, Code 2020, is amended 22 to read as follows: 23 5. For subrogation purposes hereunder , any payment made 24 unto an injured employee, the employee’s guardian, parent, 25 next friend, or legal representative, by or on behalf of any 26 third party, or the third party’s principal or agent liable 27 for, connected with, or involved in causing an injury to 28 such employee shall be considered as having been so paid as 29 damages resulting from and because said injury was caused under 30 circumstances creating a legal liability against said third 31 party, whether such payment be made under a covenant not to 32 sue, compromise settlement, denial of liability or otherwise. 33 Sec. 43. Section 85.42, subsection 1, paragraph a, Code 34 2020, is amended to read as follows: 35 -14- LSB 5940SV (2) 88 lh/ns 14/ 180

S.F. 2347 a. When it is shown that at the time of the injury the 1 surviving spouse had willfully deserted the deceased without 2 fault of the deceased, then such survivor the surviving spouse 3 shall not be considered as dependent in any degree. 4 Sec. 44. Section 85A.5, Code 2020, is amended to read as 5 follows: 6 85A.5 Compensation payable. 7 1. All employees subject to the provisions of this 8 chapter who shall become disabled from injurious exposure 9 to an occupational disease herein designated and defined in 10 this chapter and within the conditions, limitations , and 11 requirements provided herein in this chapter , shall receive 12 compensation, reasonable surgical, medical, osteopathic, 13 chiropractic, physical rehabilitation, nursing , and hospital 14 services and supplies therefor, and burial expenses as provided 15 in the workers’ compensation law of Iowa except as otherwise 16 provided in this chapter . 17 2. If, however, an employee incurs an occupational 18 disease for which the employee would be entitled to receive 19 compensation if the employee were disabled as provided herein 20 in this chapter , but is able to continue in employment and 21 requires medical treatment for said disease, then the employee 22 shall receive reasonable medical services therefor. 23 Sec. 45. Section 85A.6, Code 2020, is amended to read as 24 follows: 25 85A.6 Dependents —— defined. 26 Dependents of a deceased employee whose death has been 27 caused by an occupational disease as herein defined in this 28 chapter and under the provisions, conditions , and limitations 29 of this chapter shall be those persons defined as dependents 30 under the workers’ compensation law of Iowa and such dependents 31 shall receive compensation benefits as provided by said law. 32 Sec. 46. Section 85A.16, Code 2020, is amended to read as 33 follows: 34 85A.16 Reference to compensation law. 35 -15- LSB 5940SV (2) 88 lh/ns 15/ 180

S.F. 2347 The provisions of the workers’ compensation law, so far as 1 applicable, and not inconsistent herewith with this chapter , 2 shall apply in cases of compensable occupational diseases as 3 specified and defined herein in this chapter . 4 Sec. 47. Section 85A.18, Code 2020, is amended to read as 5 follows: 6 85A.18 Notice of disability or death —— filing of claims. 7 Except as herein otherwise provided in this chapter , 8 procedure with respect to notice of disability or death, as 9 to the filing of claims and determination of claims shall be 10 the same as in cases of injury or death arising out of and 11 in the course of employment under the workers’ compensation 12 law. Written notice shall be given to the employer of an 13 occupational disease by the employee within ninety days after 14 the first distinct manifestation thereof, and in the case of 15 death from such an occupational disease, written notice of such 16 claim shall also be given to the employer within ninety days 17 thereafter. 18 Sec. 48. Section 96.7, subsection 2, paragraph d, 19 subparagraph (1), Code 2020, is amended to read as follows: 20 (1) The current reserve fund ratio is computed by dividing 21 the total funds available for payment of benefits, on the 22 computation date or on August 15 following the computation 23 date if the total funds available for payment of benefits 24 is a higher amount on August 15, by the total wages paid in 25 covered employment excluding reimbursable employment wages 26 during the first four calendar quarters of the five calendar 27 quarters immediately preceding the computation date. However, 28 in computing the current reserve fund ratio, beginning July 29 1, 2007, one hundred fifty million dollars shall be added to 30 the total funds available for payment of benefits on each 31 subsequent computation date. 32 Sec. 49. Section 97B.7A, subsection 5, Code 2020, is amended 33 to read as follows: 34 5. Travel. In the administration of the investment of 35 -16- LSB 5940SV (2) 88 lh/ns 16/ 180

S.F. 2347 moneys in the retirement fund, employees of the system and 1 members of the board may travel outside the state for the 2 purpose of meeting with investment firms and consultants and 3 attending conferences and meetings to fulfill their fiduciary 4 responsibilities. This travel is not subject to section 5 8A.512, subsection 2 . 6 Sec. 50. Section 99D.7, subsection 23, Code 2020, is amended 7 to read as follows: 8 23. To establish a process to allow a person to be 9 voluntarily excluded from advance deposit wagering as defined 10 in section 99D.11 , from an internet fantasy sports contest as 11 defined in section 99E.1 , from advance deposit sports wagering 12 as defined in section 99F.9 , and from the wagering area of 13 a racetrack enclosure , and from the gaming floor , and from 14 the sports wagering area, as defined in section 99F.1 , of all 15 other licensed facilities under this chapter and chapter 99F 16 as provided in this subsection . The process shall provide 17 that an initial request by a person to be voluntarily excluded 18 shall be for a period of five years or life and any subsequent 19 request following any five-year period shall be for a period of 20 five years or life. The process established shall require that 21 licensees be provided electronic access to names and social 22 security numbers of persons voluntarily excluded through a 23 secured interactive internet site maintained by the commission 24 and information regarding persons voluntarily excluded shall 25 be disseminated to all licensees under this chapter , chapter 26 99E , and chapter 99F . The names, social security numbers, and 27 information regarding persons voluntarily excluded shall be 28 kept confidential unless otherwise ordered by a court or by 29 another person duly authorized to release such information. 30 The process established shall also require a person requesting 31 to be voluntarily excluded be provided information compiled 32 by the Iowa department of public health on gambling treatment 33 options. The state and any licensee under this chapter , 34 chapter 99E , or chapter 99F shall not be liable to any person 35 -17- LSB 5940SV (2) 88 lh/ns 17/ 180

S.F. 2347 for any claim which may arise from this process. In addition 1 to any other penalty provided by law, any money or thing of 2 value that has been obtained by, or is owed to, a voluntarily 3 excluded person as a result of wagers made by the person after 4 the person has been voluntarily excluded shall be forfeited by 5 the person and shall be credited to the general fund of the 6 state. 7 Sec. 51. Section 99F.1, subsection 14, Code 2020, is amended 8 to read as follows: 9 14. “Gambling game” means any game of chance authorized by 10 the commission. However, for racetrack enclosures, “gambling 11 game” does not include table games of chance or video machines 12 which simulate table games of chance, unless otherwise 13 authorized by this chapter . “Gambling game” does not include 14 sports betting wagering . 15 Sec. 52. Section 99F.10, subsection 4, paragraph a, Code 16 2020, is amended to read as follows: 17 a. In determining the license fees and state regulatory 18 fees to be charged as provided under section 99F.4 and this 19 section , the commission shall use as the basis for determining 20 the amount of revenue to be raised from the license fees and 21 regulatory fees the amount appropriated to the commission plus 22 the following as applicable: 23 (1) Prior to July 1, 2016, the cost of salaries for no more 24 than two special agents for each excursion gambling boat or 25 gambling structure and no more than four gaming enforcement 26 officers for each excursion gambling boat or gambling structure 27 with a patron capacity of less than two thousand persons or no 28 more than five gaming enforcement officers for each excursion 29 gambling boat or gambling structure with a patron capacity of 30 at least two thousand persons, plus any direct and indirect 31 support costs for the agents and officers, for the division of 32 criminal investigation’s excursion gambling boat or gambling 33 structure activities. However, the division of criminal 34 investigation may add one additional special agent to the 35 -18- LSB 5940SV (2) 88 lh/ns 18/ 180