Senate Study Bill 3176 - 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 effective date and retroactive applicability 6 provisions. 7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 8 TLSB 5940SC (14) 88 lh/ns
S.F. _____ 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 5940SC (14) 88 lh/ns 1/ 180
S.F. _____ 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 5940SC (14) 88 lh/ns 2/ 180
S.F. _____ 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 5940SC (14) 88 lh/ns 3/ 180
S.F. _____ 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 5940SC (14) 88 lh/ns 4/ 180
S.F. _____ 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 5940SC (14) 88 lh/ns 5/ 180
S.F. _____ 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 5940SC (14) 88 lh/ns 6/ 180
S.F. _____ 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 5940SC (14) 88 lh/ns 7/ 180
S.F. _____ 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 5940SC (14) 88 lh/ns 8/ 180
S.F. _____ 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 5940SC (14) 88 lh/ns 9/ 180
S.F. _____ 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 5940SC (14) 88 lh/ns 10/ 180
S.F. _____ 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 5940SC (14) 88 lh/ns 11/ 180
S.F. _____ 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 5940SC (14) 88 lh/ns 12/ 180
S.F. _____ 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 5940SC (14) 88 lh/ns 13/ 180
S.F. _____ 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 5940SC (14) 88 lh/ns 14/ 180
S.F. _____ 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 5940SC (14) 88 lh/ns 15/ 180
S.F. _____ 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 5940SC (14) 88 lh/ns 16/ 180
S.F. _____ 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 5940SC (14) 88 lh/ns 17/ 180
S.F. _____ 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 5940SC (14) 88 lh/ns 18/ 180
S.F. _____ number of special agents specified in this subparagraph for 1 each excursion gambling boat or gambling structure if at least 2 two gaming enforcement officer full-time equivalent positions 3 are vacant. Otherwise, the division of criminal investigation 4 shall not fill vacant gaming enforcement officer positions. 5 (2) On or after July 1, 2016, the cost of salaries for no 6 more than three special agents for each excursion gambling 7 boat or gambling structure, plus any direct and indirect 8 support costs for the agents, for the division of criminal 9 investigation’s excursion gambling boat or gambling structure 10 activities. 11 Sec. 53. Section 123.36, subsection 5, paragraph c, Code 12 2020, is amended to read as follows: 13 c. For air common carriers, each company shall pay a base an 14 annual fee of five hundred dollars. 15 Sec. 54. Section 123.45, subsection 1, paragraph a, Code 16 2020, is amended to read as follows: 17 a. Directly or indirectly supply, furnish, give, or pay for 18 any furnishings, fixtures, or equipment used in the storage, 19 handling, serving, or dispensing of alcoholic beverages , wine, 20 beer, or food within the place of business of a licensee or 21 permittee authorized under this chapter to sell at retail. 22 Sec. 55. Section 123.45, subsection 3, Code 2020, is amended 23 to read as follows: 24 3. However, a A person engaged in the wholesaling of 25 beer or wine may sell only disposable glassware, which is 26 constructed of paper, paper laminated, or plastic materials and 27 designed primarily for personal consumption on a one-time usage 28 basis, to retailers for use within the premises of licensed 29 establishments, for an amount which is greater than or equal 30 to an amount which represents the greater of either the amount 31 paid for the disposable glassware by the supplier or the amount 32 paid for the disposable glassware by the wholesaler. Also, a 33 person engaged in the business of manufacturing beer may sell 34 beer at retail for consumption on or off the premises of the 35 -19- LSB 5940SC (14) 88 lh/ns 19/ 180
S.F. _____ manufacturing facility and, notwithstanding any other provision 1 of this chapter or the fact that a person is the holder of a 2 class “A” beer permit, may be granted not more than one class 3 “B” beer permit as defined in section 123.124 for that purpose 4 regardless of whether that person is also a manufacturer 5 of native distilled spirits pursuant to a class “A” native 6 distilled spirits license or a manufacturer of native wine 7 pursuant to a class “A” wine permit. 8 Sec. 56. Section 123.90, Code 2020, is amended to read as 9 follows: 10 123.90 Penalties generally. 11 Unless other penalties are herein provided in this chapter , 12 any person, except a person under legal age, who violates 13 any of the provisions of this chapter , or who makes a false 14 statement concerning any material fact in submitting an 15 application for a permit or license, shall be guilty of a 16 serious misdemeanor. Any person under legal age who violates 17 any of the provisions of this chapter shall upon conviction be 18 guilty of a simple misdemeanor. 19 Sec. 57. Section 123.188, subsection 1, Code 2020, is 20 amended to read as follows: 21 1. A person desiring to deliver wine subject to direct 22 shipment within this state pursuant to section 123.187 shall 23 submit an application for a wine carrier permit electronically, 24 or in a manner prescribed by the administrator, and which shall 25 be accompanied by a fee in the amount of one hundred dollars. 26 Sec. 58. Section 124.201, subsection 2, Code 2020, is 27 amended to read as follows: 28 2. After considering the above factors described in 29 subsection 1 , the board shall make a recommendation to the 30 general assembly, specifying the change which should be made in 31 existing schedules, if it finds that the potential for abuse or 32 lack thereof of the substance is not properly reflected by the 33 existing schedules. 34 Sec. 59. Section 135.42, Code 2020, is amended to read as 35 -20- LSB 5940SC (14) 88 lh/ns 20/ 180
S.F. _____ follows: 1 135.42 Unlawful use. 2 All information, interviews, reports, statements, memoranda, 3 or other data furnished in accordance with this subchapter and 4 any findings or conclusions resulting from such studies shall 5 not be used or offered or received in evidence in any legal 6 proceedings of any kind or character, but nothing contained 7 herein in this subchapter shall be construed as affecting the 8 admissibility as evidence of the primary medical or hospital 9 records pertaining to the patient or of any other writing, 10 record or reproduction thereof not contemplated by this 11 subchapter . 12 Sec. 60. Section 135.74, subsection 1, Code 2020, is amended 13 to read as follows: 14 1. The department, after study and in consultation with 15 any advisory committees which may be established pursuant to 16 law, shall promulgate by rule pursuant to chapter 17A uniform 17 methods of financial reporting, including such allocation 18 methods as may be prescribed, by which hospitals and health 19 care facilities shall respectively record their revenues, 20 expenses, other income, other outlays, assets and liabilities, 21 and units of service, according to functional activity center. 22 These uniform methods of financial reporting shall not preclude 23 a hospital or health care facility from using any accounting 24 methods for its own purposes provided these accounting methods 25 can be reconciled to the uniform methods of financial reporting 26 prescribed by the department and can be audited for validity 27 and completeness. Each hospital and each health care facility 28 shall adopt the appropriate system for its fiscal year, 29 effective upon such date as the department shall direct. In 30 determining the effective date for reporting requirements, the 31 department shall consider both the immediate need for uniform 32 reporting of information to effectuate the purposes of this 33 subchapter and the administrative and economic difficulties 34 which hospitals and health care facilities may encounter in 35 -21- LSB 5940SC (14) 88 lh/ns 21/ 180
S.F. _____ complying with the uniform financial reporting requirement, but 1 the effective date shall not be later than January 1, 1980. 2 Sec. 61. Section 144A.7, subsection 1, paragraph b, Code 3 2020, is amended to read as follows: 4 b. The guardian of the person of the patient if one has been 5 appointed, provided court approval is obtained in accordance 6 with section 232D.401, subsection 4, paragraph “a” , or section 7 633.635, subsection 3 , paragraph “b” , subparagraph (1). This 8 paragraph does not require the appointment of a guardian in 9 order for a treatment decision to be made under this section . 10 Sec. 62. Section 144F.1, subsection 6, Code 2020, is amended 11 to read as follows: 12 6. “Legal representative” means, in order of priority, 13 an attorney in fact under a durable power of attorney for 14 health care pursuant to chapter 144B or, if no durable power 15 of attorney for health care has been executed pursuant to 16 chapter 144B or if the attorney in fact is unavailable, a legal 17 guardian appointed pursuant to chapter 232D or 633 . 18 Sec. 63. Section 144F.6, Code 2020, is amended to read as 19 follows: 20 144F.6 Construction of chapter relative to other health care 21 directives. 22 Nothing in this chapter shall be construed to interfere with 23 the authority or responsibilities of an agent operating under 24 a valid durable power of attorney for health care pursuant to 25 chapter 144B or of the powers and duties granted to a guardian 26 pursuant to section 232D.401 or 633.635 . 27 Sec. 64. Section 152.2, Code 2020, is amended to read as 28 follows: 29 152.2 Executive director. 30 The board shall retain a full-time executive director, who 31 shall be appointed pursuant to section 135B.11 135.11B . The 32 executive director shall be a registered nurse. The governor, 33 with the approval of the executive council pursuant to section 34 8A.413, subsection 3 , under the pay plan for exempt positions 35 -22- LSB 5940SC (14) 88 lh/ns 22/ 180
S.F. _____ in the executive branch of government, shall set the salary of 1 the executive director. 2 Sec. 65. Section 153.33B, unnumbered paragraph 1, Code 3 2020, is amended to read as follows: 4 The board shall appoint a A full-time executive director 5 shall be appointed as provided under section 135.11B . The 6 executive director shall not be a member of the board. The 7 duties of the executive director shall be the following: 8 Sec. 66. Section 159.23, Code 2020, is amended to read as 9 follows: 10 159.23 Special fund. 11 All fees collected as a result of the inspection and grading 12 provisions set out herein in this chapter shall be paid into 13 the state treasury, there to be set aside in a separate fund 14 which is hereby appropriated for the use of the department 15 except as indicated. Withdrawals therefrom from the fund 16 shall be by warrant of the director of the department of 17 administrative services upon requisition by the secretary 18 of agriculture. Such The fund shall be continued from year 19 to year, provided, however, that if there be any balance 20 remaining at the end of the biennium which, in the opinion of 21 the governor, director of the department of management, and 22 secretary of agriculture, is greater than necessary for the 23 proper administration of the inspection and grading program 24 referred to herein in this section , the treasurer of state is 25 hereby authorized on the recommendation and with the approval 26 of the governor, director of the department of management, 27 and secretary of agriculture to transfer to the general fund 28 of the state that portion of such account as they shall deem 29 advisable. 30 Sec. 67. Section 163.51, subsection 1, paragraph a, 31 subparagraph (3), Code 2020, is amended to read as follows: 32 (3) The compelling of a person who is the owner or custodian 33 of the animal to provide information regarding the movement 34 or relocation of the animal or the vaccination status of the 35 -23- LSB 5940SC (14) 88 lh/ns 23/ 180
S.F. _____ animal or the herd where the animal originates. The department 1 may issue a subpoena for relevant testimony or records as 2 defined in section 516E.1 523C.1 . In the case of a failure 3 or refusal of the person to provide testimony or records, 4 the district court upon application of the department or the 5 attorney general acting upon behalf of the department, may 6 order the person to show cause why the person should not be 7 held in contempt. The court may order the person to provide 8 testimony or produce the record or be punished for contempt as 9 if the person refused to testify before the court or disobeyed 10 a subpoena issued by the court. 11 Sec. 68. Section 176A.4, Code 2020, is amended to read as 12 follows: 13 176A.4 Establishment —— body corporate —— county agricultural 14 extension districts. 15 1. Each county, except Pottawattamie, is constituted and 16 established as a “county agricultural extension district” 17 and shall be a public body corporate organized in accordance 18 with the provisions of this chapter for the purposes, with the 19 powers and subject to the restrictions hereinafter set forth in 20 this chapter . 21 2. Pottawattamie county shall be divided into and 22 constitute two districts with one as follows: 23 a. A district to be known as “East Pottawattamie” which 24 shall include the following townships: Pleasant, Layton, Knox, 25 James, Valley, Lincoln, Washington, Belknap, Center, Wright, 26 Carson, Macedonia, Grove, Waveland ; and the other . 27 b. A district to be known as “West Pottawattamie” which 28 shall include the following townships: Rockford, Boomer, 29 Neola, Minden, Hazel Dell, York, Crescent, Norwalk, Lake, 30 Garner, Hardin, Kane, Lewis, Keg Creek, Silver Creek. 31 Sec. 69. Section 176A.8, subsections 3, 6, 7, 10, and 11, 32 Code 2020, are amended to read as follows: 33 3. a. To and shall , at least ninety days prior to the 34 date fixed for the election of council members, appoint a 35 -24- LSB 5940SC (14) 88 lh/ns 24/ 180
S.F. _____ nominating committee consisting of four persons who are not 1 council members and designate the chairperson. The membership 2 of the nominating committee shall be gender balanced. The 3 nominating committee shall consider the geographic distribution 4 of potential nominees in nominating one or more resident 5 registered voters of the extension district as candidates for 6 election to each office to be filled at the election. To 7 qualify for the election ballot, each nominee shall file a 8 nominating petition signed by at least twenty-five eligible 9 electors of the district with the county commissioner of 10 elections at least sixty-nine days before the date of election. 11 b. To and shall also provide for the nomination by petition 12 of candidates for election to membership on the extension 13 council. A nominating petition shall be signed by at least 14 twenty-five eligible electors of the extension district and 15 shall be filed with the county commissioner of elections at 16 least sixty-nine days before the date of the election. 17 6. To prepare annually before March 15 a budget for the 18 fiscal year beginning July 1 and ending the following June 30, 19 in accordance with the provisions of chapter 24 and certify the 20 same budget to the board of supervisors of the county of their 21 extension district as required by law. 22 7. To and shall be responsible for the preparation 23 and adoption of the educational program on extension work 24 in agriculture, home economics , and 4-H club work, and 25 periodically review said the program , and for the carrying out 26 of the same program in cooperation with the extension service 27 in accordance with the memorandum of understanding with said 28 the extension service. 29 10. To and shall , as soon as possible following the meeting 30 at which the officers are elected, file in the office of the 31 board of supervisors and of the county treasurer a certificate 32 signed by its the chairperson and secretary of the extension 33 council certifying the names, addresses , and terms of office of 34 each member, and the names and addresses of the officers of the 35 -25- LSB 5940SC (14) 88 lh/ns 25/ 180
S.F. _____ extension council with the signatures of the officers affixed 1 thereto, and said to the certificate. The certificate shall be 2 conclusive as to the organization of the extension district, 3 its extension council, and as to its members and its officers. 4 11. To and shall deposit all funds received from the 5 “county agricultural extension education fund” in a bank or 6 banks approved by it the extension council in the name of the 7 extension district. These receipts shall constitute a fund 8 known as the “county agricultural extension education fund” 9 which shall be disbursed by the treasurer of the extension 10 council on vouchers signed by its chairperson and secretary and 11 approved by the extension council and recorded in its minutes. 12 Sec. 70. Section 176A.9, subsection 5, Code 2020, is amended 13 to read as follows: 14 5. The extension council and its employed personnel may 15 cooperate with , and give information and advice to organized 16 and unorganized groups, but shall not promote, sponsor , 17 or engage in the organization of any group for any purpose 18 except the promoting, organization , and the development of the 19 programs of 4-H clubs. Nothing in this chapter shall prevent 20 the county extension council or extension agents employed by 21 it from using or seeking opportunities to reach an audience of 22 persons interested in agricultural extension work through the 23 help of interested farm organizations, civic organizations , or 24 any other group : Provided, that . However, in using or seeking 25 such opportunities, the county extension council or agents 26 employed by it the extension council shall make available to 27 all groups and organizations in the county equal opportunity to 28 cooperate in the educational extension program. 29 Sec. 71. Section 200.15, Code 2020, is amended to read as 30 follows: 31 200.15 Refusal to register , or cancellation of registration 32 and licenses. 33 The secretary is authorized and empowered to cancel the 34 registration of any product of commercial fertilizer or soil 35 -26- LSB 5940SC (14) 88 lh/ns 26/ 180
S.F. _____ conditioner or license or to refuse to register any product 1 of commercial fertilizer or soil conditioner or refuse to 2 license any applicant as herein provided, upon satisfactory 3 evidence that the registrant or licensee has used fraudulent 4 or deceptive practices or who has willfully violates violated 5 any provisions of this chapter or any rules and regulations 6 promulgated thereunder: Except no under this chapter. 7 However, a registration or license shall not be revoked or 8 refused until the registrant or licensee shall have has been 9 given the opportunity to appear for a hearing by the secretary. 10 Sec. 72. Section 204.9, subsection 2, paragraph b, Code 11 2020, is amended to read as follows: 12 b. The department of public safety or a local law 13 enforcement agency may obtain a sample of plants that are part 14 of the crop and provide for a test of that sample as provided in 15 section 204.8 . The department of public safety or a local law 16 enforcement agency shall not impose, assess, or collect a fee 17 for conducting an inspection or test under this section . 18 Sec. 73. Section 204.15, subsection 3, Code 2020, is amended 19 to read as follows: 20 3. A licensee shall not be ineligible to participate in 21 the negligent violation program, if a test of a sample of 22 plants that are part of a crop produced on the licensee’s crop 23 site exceeds a maximum concentration of two percent delta-9 24 tetrahydrocannabinol on a dry weight basis. 25 Sec. 74. Section 214A.12, Code 2020, is amended to read as 26 follows: 27 214A.12 Industrial petroleum —— permits. 28 Any wholesale dealer as herein defined in this chapter may 29 apply to the department for a permit to make importations of 30 petroleum products for industrial use only and not intended 31 to be used for internal combustion engines, on a form to be 32 supplied by the department, and upon receiving such permission 33 may make importations of petroleum products for industrial use 34 only, exempt from the specifications of this chapter . 35 -27- LSB 5940SC (14) 88 lh/ns 27/ 180
S.F. _____ Sec. 75. Section 216A.135, subsection 2, paragraph c, Code 1 2020, is amended to read as follows: 2 c. Analysis of and recommendations of regarding current 3 criminal code provisions. 4 Sec. 76. Section 216A.136, subsection 1, Code 2020, is 5 amended to read as follows: 6 1. Juvenile court records and all other information 7 maintained under sections 232.147 through 232.153 232.151 . 8 Sec. 77. Section 218.68, Code 2020, is amended to read as 9 follows: 10 218.68 Money deposited with treasurer of state. 11 Said money Moneys under section 218.67 shall be transmitted 12 to the treasurer of state as soon after one year after the 13 death of the intestate as practicable, and be credited to the 14 support fund of the institution of which the intestate was a 15 resident. 16 Sec. 78. Section 218.70, Code 2020, is amended to read as 17 follows: 18 218.70 Payment to party entitled. 19 Said money Moneys transmitted to the treasurer or state 20 under section 218.68 shall be paid, at any time within ten 21 years from the death of the intestate, to any person who is 22 shown to be entitled thereto. Payment shall be made from the 23 state treasury out of the support fund of such institution in 24 the manner provided for the payment of other claims from that 25 fund. 26 Sec. 79. Section 222.7, subsection 2, Code 2020, is amended 27 to read as follows: 28 2. In the case of a patient hospitalized pursuant to 29 sections 229.6 to through 229.15 , the consent of the court 30 which hospitalized the patient is obtained in advance, rather 31 than afterward as otherwise permitted by section 229.15, 32 subsection 4 . 33 Sec. 80. Section 222.34, Code 2020, is amended to read as 34 follows: 35 -28- LSB 5940SC (14) 88 lh/ns 28/ 180
S.F. _____ 222.34 Guardianship proceedings. 1 If a guardianship is proposed for a person with an 2 intellectual disability, guardianship proceedings shall be 3 initiated and conducted as provided in chapter 232D or 633 . 4 Sec. 81. Section 222.84, Code 2020, is amended to read as 5 follows: 6 222.84 Patients’ personal deposit fund. 7 There is hereby established at each resource center and 8 special unit a fund which shall be known as the “patients’ 9 personal deposit fund”; provided that in the case of a special 10 unit, the director may direct that the patients’ personal 11 deposit fund be maintained and administered as a part of the 12 fund established, pursuant to sections 226.43 to through 13 226.46 , by the mental health institute where the special unit 14 is located. 15 Sec. 82. Section 225C.2, subsection 13, Code 2020, is 16 amended to read as follows: 17 13. “Serious emotional disturbance” means a diagnosable 18 mental, behavioral, or emotional disorder of sufficient 19 duration to meet diagnostic criteria specified within the most 20 current diagnostic and statistical manual of mental disorders 21 published by the American psychiatric association that results 22 in a functional impairment. “Serious emotional disturbance” 23 does not include substance use and or developmental disorders 24 unless such those disorders co-occur with such a diagnosable 25 mental, behavioral, or emotional disorder. 26 Sec. 83. Section 225C.52, subsection 4, Code 2020, is 27 amended to read as follows: 28 4. Submit a written report on or before December 1 of each 29 year to the governor and the general assembly. At a minimum, 30 the report shall include a summary of all activities undertaken 31 by the state board , a summary of state board activities, 32 and results from identified behavioral health outcomes and 33 indicators for the children’s behavioral health system. 34 Sec. 84. Section 226.31, Code 2020, is amended to read as 35 -29- LSB 5940SC (14) 88 lh/ns 29/ 180
S.F. _____ follows: 1 226.31 Examination by court —— notice. 2 Before granting the order authorized in section 226.30 , 3 the court or judge shall investigate the allegations of the 4 petition and before proceeding to a hearing on the allegations 5 shall require notice to be served on the attorney who 6 represented the patient in any prior proceedings under sections 7 229.6 to through 229.15 or the advocate appointed under section 8 229.19 , or in the case of a patient who entered the hospital 9 voluntarily, on any relative, friend, or guardian of the person 10 in question of the filing of the application. At the hearing 11 the court or judge shall appoint a guardian ad litem for the 12 person, if the court or judge deems such action necessary to 13 protect the rights of the person. The guardian ad litem shall 14 be a practicing attorney. 15 Sec. 85. Section 229.1, subsection 20, paragraph d, 16 subparagraph (2), Code 2020, is amended to read as follows: 17 (2) Lack of compliance has resulted in one or more acts of 18 causing serious physical injury to the person’s self or others 19 or an attempt to physically injure the person’s self or others. 20 Sec. 86. Section 229.13, subsection 7, paragraph b, Code 21 2020, is amended to read as follows: 22 b. A region shall contract with mental health professionals 23 to provide the appropriate treatment including treatment by 24 the use of oral medicine or injectable antipsychotic medicine 25 pursuant to this section . 26 Sec. 87. Section 229.36, Code 2020, is amended to read as 27 follows: 28 229.36 Limitation on proceedings. 29 The proceeding authorized in sections 229.31 to through 30 229.35 , inclusive, shall not be had more often than once 31 in six months regarding the same person; nor regarding any 32 patient within six months after the patient’s admission to the 33 hospital. 34 Sec. 88. Section 229.38, Code 2020, is amended to read as 35 -30- LSB 5940SC (14) 88 lh/ns 30/ 180
S.F. _____ follows: 1 229.38 Cruelty or official misconduct. 2 If any person having the care of a person with mental illness 3 who has voluntarily entered a hospital or other facility for 4 treatment or care, or who is responsible for psychiatric 5 examination care, treatment, and maintenance of any person 6 involuntarily hospitalized under sections 229.6 to through 7 229.15 , whether in a hospital or elsewhere, with or without 8 proper authority, shall treat such patient with unnecessary 9 severity, harshness, or cruelty, or in any way abuse the 10 patient or if any person unlawfully detains or deprives of 11 liberty any person with mental illness or any person who is 12 alleged to have mental illness, or if any officer required 13 by the provisions of this chapter and chapters 226 and 227 , 14 to perform any act shall willfully refuse or neglect to 15 perform the same, the offending person shall, unless otherwise 16 provided, be guilty of a serious misdemeanor. 17 Sec. 89. Section 232.99, subsection 4, Code 2020, is amended 18 to read as follows: 19 4. When the dispositional hearing is concluded the court 20 shall make the least restrictive disposition appropriate 21 considering all the circumstances of the case. The 22 dispositions which may be entered under this division are 23 listed in sections 232.100 to through 232.102 in order from 24 least to most restrictive. 25 Sec. 90. Section 232.103, subsection 6, Code 2020, is 26 amended to read as follows: 27 6. If the court vacates the order it may make any other 28 order in accordance with and subject to the provisions of 29 sections 232.100 to through 232.102 . 30 Sec. 91. Section 232.166, Code 2020, is amended to read as 31 follows: 32 232.166 Statutes not affected. 33 Nothing contained in sections 232.158 to through 232.165 34 shall be deemed to affect or modify the other provisions of 35 -31- LSB 5940SC (14) 88 lh/ns 31/ 180
S.F. _____ this chapter or of chapter 600 . 1 Sec. 92. Section 232.178, subsection 1, Code 2020, is 2 amended to read as follows: 3 1. For a placement initiated on or after July 1, 1992, 4 the department shall file a petition to initiate a voluntary 5 placement proceeding prior to the child’s placement in 6 accordance with criteria established pursuant to the federal 7 Adoption Assistance and Child Welfare Act of 1980, Pub. L. No. 8 96-272, as codified in 42 U.S.C. §627(a). For a placement 9 initiated before July 1, 1992, the department shall file a 10 petition to approve placement on or before September 1, 1992. 11 Sec. 93. Section 232D.105, subsection 1, Code 2020, is 12 amended to read as follows: 13 1. A petition alleging that a minor is in need of a 14 conservatorship is not subject to this chapter . Such 15 proceedings shall be governed by chapter 633 and may be 16 initiated pursuant to section 633.627 633.557 . 17 Sec. 94. Section 249A.4, subsections 11 and 15, Code 2020, 18 are amended to read as follows: 19 11. Shall provide an opportunity for a fair hearing before 20 the department of inspections and appeals to an individual 21 whose claim for medical assistance under this chapter is 22 denied or is not acted upon with reasonable promptness. Upon 23 completion of a hearing, the department of inspections and 24 appeals shall issue a decision which is subject to review by 25 the department of human services. Judicial review of the 26 decisions of the department of human services may be sought in 27 accordance with chapter 17A. If a petition for judicial review 28 is filed, the department of human services shall furnish the 29 petitioner with a copy of the application and all supporting 30 papers, a transcript of the testimony taken at the hearing, if 31 any, and a copy of its decision. 32 15. Establish appropriate reimbursement rates for community 33 mental health centers that are accredited by the mental health 34 and disability services commission. 35 -32- LSB 5940SC (14) 88 lh/ns 32/ 180
S.F. _____ Judicial review of the decisions of the department of human 1 services may be sought in accordance with chapter 17A . If 2 a petition for judicial review is filed, the department of 3 human services shall furnish the petitioner with a copy of 4 the application and all supporting papers, a transcript of 5 the testimony taken at the hearing, if any, and a copy of its 6 decision. 7 Sec. 95. Section 249L.2, subsection 6, Code 2020, is amended 8 to read as follows: 9 6. “Nursing facility” means a licensed nursing facility as 10 defined in section 135C.1 that is a freestanding facility or 11 a nursing facility operated by a hospital licensed pursuant 12 to chapter 135B , but does not include a distinct-part skilled 13 nursing unit or a swing-bed unit operated by a hospital, or 14 a nursing facility owned by the state or federal government 15 or other governmental unit. “Nursing facility” includes a 16 non-state government-owned nursing facility if the nursing 17 facility participates in the non-state government-owned nursing 18 facility quality of care rate add-on program. 19 Sec. 96. Section 249L.2, Code 2020, is amended by adding the 20 following new subsections: 21 NEW SUBSECTION . 5A. “Non-state governmental entity” means a 22 hospital authority, hospital district, health care district, 23 city, or county. 24 NEW SUBSECTION . 5B. “Non-state government-owned nursing 25 facility” means a nursing facility that is owned or operated 26 by a non-state governmental entity and for which a non-state 27 governmental entity holds the nursing facility’s license and is 28 party to the nursing facility’s Medicaid contract. 29 Sec. 97. Section 252B.2, Code 2020, is amended to read as 30 follows: 31 252B.2 Unit established —— intervention. 32 There is created within the department of human services a 33 child support recovery unit for the purpose of providing the 34 services required in sections 252B.3 to through 252B.6 . The 35 -33- LSB 5940SC (14) 88 lh/ns 33/ 180
S.F. _____ unit is not required to intervene in actions to provide such 1 services. 2 Sec. 98. Section 252H.5, unnumbered paragraph 1, Code 2020, 3 is amended by striking the unnumbered paragraph. 4 Sec. 99. Section 252H.12, subsection 3, Code 2020, is 5 amended by striking the subsection. 6 Sec. 100. Section 256.7, subsection 32, paragraph b, 7 subparagraph (1), unnumbered paragraph 1, Code 2020, is amended 8 to read as follows: 9 Adopt rules which require that educational instruction 10 and course content delivered primarily over the internet be 11 aligned with the Iowa core content standards as applicable. 12 Under such rules, a school district may develop and offer to 13 students enrolled in the district educational instruction and 14 course content for delivery primarily over the internet. A 15 school district providing educational instruction and course 16 content that are delivered primarily over the internet shall 17 annually submit to the department, in the manner prescribed by 18 the department, data that includes but is not limited to the 19 following: 20 Sec. 101. Section 260I.3, subsection 1, Code 2020, is 21 amended to read as follows: 22 1. The state board of education , in consultation with the 23 economic development authority, shall adopt rules pursuant 24 to chapter 17A defining eligibility criteria for persons 25 applying to receive tuition assistance under this chapter . 26 Sec. 102. Section 261.130, subsection 8, paragraph b, Code 27 2020, is amended to read as follows: 28 b. Adopt rules for approving career-technical or career 29 option programs in industries identified by the department of 30 workforce development pursuant to section 84A.6, subsection 4 ; 31 determining financial need; defining residence for the purposes 32 of this section ; processing and approving applications for 33 grants; and determining priority for grants. 34 Sec. 103. Section 261A.24, Code 2020, is amended to read as 35 -34- LSB 5940SC (14) 88 lh/ns 34/ 180
S.F. _____ follows: 1 261A.24 Chapter as alternative method —— powers not subject 2 to supervision or regulation. 3 Sections 261A.1 to through 261A.23 provide a complete, 4 additional, and alternative method for the doing of the things 5 authorized by the chapter and the limitations imposed by this 6 chapter do not affect powers or rights conferred by other laws, 7 and the issuance of obligations and refunding obligations under 8 this chapter need not comply with the requirements of any 9 other law applicable to the issuance of obligations. Except 10 as otherwise expressly provided in this chapter , the powers 11 granted to the authority under this chapter are not subject to 12 the supervision or regulation and do not require the approval 13 or consent of a city or political subdivision or department, 14 division, commission, board, body, bureau, official, or agency 15 of a political subdivision or of the state. 16 Sec. 104. Section 261E.8, subsection 2, paragraph b, 17 subparagraph (3), Code 2020, is amended to read as follows: 18 (3) A community college that enters into a contract as 19 provided in this paragraph shall submit to the department, 20 during the fall and spring semesters, or the equivalent, a 21 list of the accredited nonpublic school students enrolled for 22 the semester, or the equivalent, who are participating in the 23 program. The community college and the accredited nonpublic 24 school shall verify to the department that the accredited 25 nonpublic school and the coursework provided under this 26 paragraph meet the requirements of this section and section 27 257.11, subsection 3 , and shall provide to the department data 28 and information elements as required under subsection 8 9 by 29 rule. 30 Sec. 105. Section 262.9, subsections 10 and 15, Code 2020, 31 are amended to read as follows: 32 10. Direct the expenditure of all appropriations made to 33 said institutions under the control of the board , and of any 34 other moneys belonging thereto to those institutions , but in no 35 -35- LSB 5940SC (14) 88 lh/ns 35/ 180
S.F. _____ event shall the perpetual funds of the Iowa state university 1 of science and technology, nor the permanent funds of the 2 state university of Iowa derived under Acts of Congress, be 3 diminished. 4 15. Lease properties and facilities, either as lessor or 5 lessee, for the proper use and benefit of said institutions 6 under the control of the board upon such terms, conditions, 7 and considerations as the board deems advantageous, including 8 leases with provisions for ultimate ownership by the state of 9 Iowa, and to pay the rentals from funds appropriated to the 10 institution for operating expenses thereof or from such other 11 funds as may be available therefor. 12 Sec. 106. Section 262.23, Code 2020, is amended to read as 13 follows: 14 262.23 Duties of treasurer. 15 The treasurer of each of said the institutions under the 16 control of the board shall: 17 1. Receive all appropriations made by the general assembly 18 for said the institution, and all other funds from all other 19 sources, belonging to said the institution. 20 2. Pay out said funds on order of the board of regents, 21 or of such committee or official as it the board of regents 22 designates, on bills duly audited in accordance with the rules 23 prescribed by said the board. 24 3. Retain all bills , so paid by the treasurer, with receipts 25 for their payment as vouchers. 26 4. Keep an accurate account of all revenue and expenditures 27 of said the institution, so that the receipts and disbursements 28 of each of its the institution’s several departments shall be 29 apparent at all times. 30 5. Annually, and at such other times as the board may 31 require, report to it said the board all receipts and 32 disbursements in detail. 33 Sec. 107. Section 262.24, Code 2020, is amended to read as 34 follows: 35 -36- LSB 5940SC (14) 88 lh/ns 36/ 180
S.F. _____ 262.24 Reports of executive officers. 1 The executive officer of each of said the institutions under 2 the control of the board shall, on or before the first day of 3 August of each even-numbered year, make a report to the board, 4 setting forth such all of the following: 5 1. Such observations and recommendations as in the 6 executive officer’s judgment are for the benefit of the 7 institution , and also the . 8 2. The executive officer’s recommendations of a budget for 9 the several colleges and departments of the institution, in 10 detail , and estimates . 11 3. Estimates of the amount of funds required therefor for 12 the ensuing biennium. 13 Sec. 108. Section 262.31, Code 2020, is amended to read as 14 follows: 15 262.31 Payment. 16 The contract for such instruction under section 262.30 shall 17 authorize the payment for such service services furnished to 18 the school district , or for such service services furnished 19 to the state, and the amount to be agreed upon by the state 20 board of regents and the board of the school district thus 21 cooperating. 22 Sec. 109. Section 262.32, Code 2020, is amended to read as 23 follows: 24 262.32 Contract —— time limit. 25 Such contracts A contract for instruction under section 26 262.30 shall be in writing and shall extend over a period of 27 not to exceed two years , and a . A copy thereof of the contract 28 shall be filed in the office of the administrator of the area 29 education agency. 30 Sec. 110. Section 262.37, Code 2020, is amended to read as 31 follows: 32 262.37 Title to property. 33 The title to all real estate so acquired under section 262.36 34 and the improvements erected thereon on that real estate shall 35 -37- LSB 5940SC (14) 88 lh/ns 37/ 180
S.F. _____ be taken and held in the name of the state. 1 Sec. 111. Section 262.38, unnumbered paragraph 1, Code 2 2020, is amended to read as follows: 3 In carrying out the above powers enumerated in this 4 subchapter , said the board may: 5 Sec. 112. Section 262.39, unnumbered paragraph 1, Code 6 2020, is amended to read as follows: 7 No An obligation created hereunder under this subchapter 8 shall ever never be or nor become a charge against the state 9 of Iowa but all such obligations, including principal and 10 interest, shall be payable solely: 11 Sec. 113. Section 262.41, Code 2020, is amended to read as 12 follows: 13 262.41 Exemption from taxation. 14 All obligations created hereunder under this subchapter 15 shall be exempt from taxation. 16 Sec. 114. Section 262.42, Code 2020, is amended to read as 17 follows: 18 262.42 Limitation on funds. 19 No state State funds shall not be loaned or used for this 20 purpose the purposes of this subchapter . This prohibition 21 shall not apply to funds derived from the net earnings of 22 dormitories now or hereafter owned by the state. 23 Sec. 115. Section 262.45, Code 2020, is amended to read as 24 follows: 25 262.45 Purchase or condemnation of real estate. 26 The erection of the buildings, improvements , and facilities 27 for the educational institutions of higher learning in this 28 state is a public necessity and the board is vested with full 29 power to purchase or condemn at said those institutions, or 30 convenient thereto to those institutions , all real estate 31 necessary to carry out the powers herein granted. 32 Sec. 116. Section 262.46, Code 2020, is amended to read as 33 follows: 34 262.46 Title in name of state. 35 -38- LSB 5940SC (14) 88 lh/ns 38/ 180
S.F. _____ The title to all real estate so acquired under this 1 subchapter and the improvements erected thereon on that real 2 estate shall be taken and held in the name of the state. 3 Sec. 117. Section 262.48, unnumbered paragraph 1, Code 4 2020, is amended to read as follows: 5 In carrying out the above powers said enumerated in this 6 subchapter, the board may: 7 Sec. 118. Section 262.48, subsection 2, Code 2020, is 8 amended to read as follows: 9 2. Mortgage any real estate so acquired under this 10 subchapter and the improvements erected thereon on that real 11 estate in order to secure necessary loans. 12 Sec. 119. Section 262.49, unnumbered paragraph 1, Code 13 2020, is amended to read as follows: 14 No An obligation created hereunder under this subchapter 15 shall ever never be or nor become a charge against the state 16 of Iowa but all such obligations, including principal and 17 interest, shall be payable solely from any of the following: 18 Sec. 120. Section 262.51, Code 2020, is amended to read as 19 follows: 20 262.51 Tax exemption. 21 All obligations created hereunder under this subchapter 22 shall be exempt from taxation, together with the interest 23 thereon on the obligations . 24 Sec. 121. Section 262.52, Code 2020, is amended to read as 25 follows: 26 262.52 No state funds loaned. 27 No state State funds shall not be loaned for this purpose 28 the purposes of this subchapter . This prohibition shall not 29 apply to funds derived from the net earnings of such buildings, 30 structures, areas , and facilities now or hereafter owned by the 31 state or to funds received from student fees or charges. 32 Sec. 122. Section 262.68, Code 2020, is amended to read as 33 follows: 34 262.68 Speed limit on institutional grounds. 35 -39- LSB 5940SC (14) 88 lh/ns 39/ 180
S.F. _____ 1. The maximum speed limit of all vehicles on institutional 1 roads at institutions under the control of the state board of 2 regents shall be forty-five miles per hour. All driving shall 3 be confined to driveways designated by the state board. 4 2. Whenever the state board shall determine that the speed 5 limit hereinbefore set forth in subsection 1 is greater than 6 is reasonable or safe under the conditions found to exist at 7 any place of congestion or upon any part of its institutional 8 roads, said the board shall determine and declare a reasonable 9 and safe speed limit , thereat which shall be effective when 10 appropriate signs giving notice thereof of the speed limit are 11 erected at such places of congestion or other parts of its 12 institutional roads. 13 3. Any person violating the aforementioned speed limits 14 established in subsections 1 and 2 shall be guilty of a simple 15 misdemeanor. 16 Sec. 123. Section 272.15, subsection 3, Code 2020, is 17 amended to read as follows: 18 3. Information required to be reported to the board under 19 this section shall be reported within thirty days of the either 20 of the following: 21 a. The date action was taken which necessitated the report, 22 including the date of disciplinary action taken, nonrenewal 23 or termination of a contract for reasons of alleged or actual 24 misconduct, or resignation of a person following an incident 25 or allegation of misconduct as required under subsection 1 ; or 26 awareness . 27 b. The date the employee becomes aware of alleged misconduct 28 as required under subsection 2 . 29 Sec. 124. Section 273.2, subsection 3, Code 2020, is amended 30 to read as follows: 31 3. The area education agency board shall furnish 32 educational services and programs as provided in section 33 273.1 , this section , sections 273.3 to 273.9 through 273.8 , 34 and chapter 256B to the pupils enrolled in public or nonpublic 35 -40- LSB 5940SC (14) 88 lh/ns 40/ 180
S.F. _____ schools located within its boundaries which are on the list of 1 accredited schools pursuant to section 256.11 . The programs 2 and services provided shall be at least commensurate with 3 programs and services existing on July 1, 1974. The programs 4 and services provided to pupils enrolled in nonpublic schools 5 shall be comparable to programs and services provided to pupils 6 enrolled in public schools within constitutional guidelines. 7 Sec. 125. Section 273.3, subsections 2 and 12, Code 2020, 8 are amended to read as follows: 9 2. Be authorized to receive and expend money for providing 10 programs and services as provided in sections 273.1 , 273.2 , 11 this section , sections 273.4 to 273.9 through 273.8 , and 12 chapters 256B and 257 . All costs incurred in providing the 13 programs and services, including administrative costs, shall 14 be paid from funds received pursuant to sections 273.1 , 273.2 , 15 this section , sections 273.4 to 273.9 through 273.8 , and 16 chapters 256B and 257 . 17 12. Prepare an annual budget estimating income and 18 expenditures for programs and services as provided in sections 19 273.1 , 273.2 , this section , sections 273.4 to 273.9 through 20 273.8 , and chapter 256B within the limits of funds provided 21 under section 256B.9 and chapter 257 . The board shall 22 give notice of a public hearing on the proposed budget by 23 publication in an official county newspaper in each county 24 in the territory of the area education agency in which the 25 principal place of business of a school district that is a 26 part of the area education agency is located. The notice 27 shall specify the date, which shall be not later than March 28 1 of each year, the time, and the location of the public 29 hearing. The proposed budget as approved by the board shall 30 then be submitted to the state board of education, on forms 31 provided by the department, no later than March 15 preceding 32 the next fiscal year for approval. The state board shall 33 review the proposed budget of each area education agency and 34 shall before May 1, either grant approval or return the budget 35 -41- LSB 5940SC (14) 88 lh/ns 41/ 180
S.F. _____ without approval with comments of the state board included. An 1 unapproved budget shall be resubmitted to the state board for 2 final approval not later than May 15. The state board shall 3 give final approval only to budgets submitted by area education 4 agencies accredited by the state board or that have been given 5 conditional accreditation by the state board. 6 Sec. 126. Section 277.3, Code 2020, is amended to read as 7 follows: 8 277.3 Election laws applicable. 9 The provisions of chapters 39 to through 53 shall apply to 10 the conduct of all school elections and the school elections 11 shall be conducted by the county commissioner of elections, 12 except as otherwise specifically provided in this chapter . 13 Sec. 127. Section 279.50A, subsection 1, unnumbered 14 paragraph 1, Code 2020, is amended to read as follows: 15 If a school district’s total enrollment exceeds six hundred 16 pupils, the school district may enter into an agreement with a 17 community college under which the community college may offer, 18 or provide a community college-employed instructor to teach, 19 one of the units in accordance with section 256.11, subsection 20 5 , paragraph “a” , or one of the units in accordance with section 21 256.11, subsection 5 , paragraph “d” or “e” , and if the unit of 22 coursework under the agreement meets the requirements specified 23 in section 257.11, subsection 3 , paragraph “b” , subparagraphs 24 (2) through (7), the unit offered shall be deemed to meet the 25 education program requirement for a unit of mathematics or 26 science, as applicable, under section 256.11, subsection 5 , 27 paragraph “a” , “d” , or “e” . The provisions of this subsection 28 are applicable only if all of the following conditions are met: 29 Sec. 128. Section 282.3, subsection 3, Code 2020, is amended 30 to read as follows: 31 3. Nothing herein provided shall This section does not 32 prohibit a school board from requiring the attainment of a 33 greater age than the age requirements herein set forth in this 34 section . 35 -42- LSB 5940SC (14) 88 lh/ns 42/ 180
S.F. _____ Sec. 129. Section 303.21, Code 2020, is amended to read as 1 follows: 2 303.21 Petition. 3 1. Not less than ten percent of the The eligible voters 4 in an area of asserted historical significance may petition 5 the department for a referendum for the establishment of a 6 district. 7 2. The petition shall must be signed by not less than ten 8 percent of the eligible voters of the area and shall contain 9 both a description of the property suggested for inclusion in 10 the district and the reasons justifying the creation of the 11 district. 12 Sec. 130. Section 303.34, subsections 2 and 4, Code 2020, 13 are amended to read as follows: 14 2. A city shall not designate an area as an area of 15 historical significance unless it contains contiguous pieces 16 of property under diverse ownership which meets the criteria 17 specified in section 303.20, subsection 1 , paragraphs “a” to 18 through “f” . 19 4. An area shall be designated an area of historical 20 significance upon enactment of an ordinance of the city. 21 Before the ordinance or an amendment to it the ordinance is 22 enacted, the governing body of the city shall submit the 23 ordinance or amendment to the historical division for its 24 review and recommendations. 25 Sec. 131. Section 306.13, Code 2020, is amended to read as 26 follows: 27 306.13 Notice —— requirements. 28 Said The notice of the hearing under section 306.11 shall 29 state the time and place of such hearing, the location of the 30 particular road, or part thereof, or crossing, the vacation and 31 closing of which is to be considered, and such other data as 32 may be deemed pertinent. 33 Sec. 132. Section 306.24, Code 2020, is amended to read as 34 follows: 35 -43- LSB 5940SC (14) 88 lh/ns 43/ 180
S.F. _____ 306.24 Conditions. 1 Any sale of land as herein authorized in this chapter shall 2 be upon the conditions that the tract, parcel, or piece of land 3 so sold shall not be used in any manner so as to interfere with 4 the use of the highway by the public, or to endanger public 5 safety in the use of the highway, or to the material damage of 6 the adjacent owner. 7 Sec. 133. Section 306A.6, Code 2020, is amended to read as 8 follows: 9 306A.6 New and existing facilities —— grade-crossing 10 eliminations. 11 1. Cities and highway authorities having jurisdiction and 12 control over the highways of the state, as provided by chapter 13 306 , may designate and establish an existing street or highway 14 as included within a controlled-access facility. The state or 15 any of its subdivisions shall have authority to provide for 16 the elimination of intersections at grade of controlled-access 17 facilities with existing state and county roads, and city or 18 village streets, by grade separation or service road, or by 19 closing off such roads and streets at the right-of-way boundary 20 line of such controlled-access facility , the . 21 2. The provisions of sections 306.11 to through 306.17 22 shall apply and govern the procedure for the closing of such a 23 road or street and the method of ascertaining damages sustained 24 by any person as a consequence of such the closing, provided, 25 however, that the highway authority desiring the closing of 26 such road or street shall conduct the hearing and carry out the 27 procedure therefor and pay any damages, including any allowed 28 on appeal, as a consequence thereof, any law to the contrary 29 notwithstanding , and after . 30 3. After the establishment of any controlled-access 31 facility, no highway or street which is not part of said 32 facility shall intersect the same at grade. No A city or 33 village street, county or state highway, or other public 34 way shall not be opened into or connected with any such 35 -44- LSB 5940SC (14) 88 lh/ns 44/ 180
S.F. _____ controlled-access facility without the consent and previous 1 approval of the highway authority in the state, county, city 2 or village having jurisdiction over such the controlled-access 3 facility. Such consent and approval shall be given only if the 4 public interest shall be served thereby. 5 Sec. 134. Section 307.48, Code 2020, is amended to read as 6 follows: 7 307.48 Longevity pay. 8 1. An employee of the department who was hired by the state 9 highway commission on or before June 30, 1971, is entitled to 10 longevity pay. An employee eligible for longevity pay under 11 this section whose employment is terminated on or after July 1, 12 1971, if reemployed by the department, forfeits any right the 13 employee may have had to longevity pay. 14 2. An employee under the supervision of the department’s 15 administrator of highways who became an employee of the state 16 department of transportation on July 1, 1974, retains all 17 rights to longevity pay so long as the employee continues 18 employment with the department. 19 Sec. 135. Section 309.24, Code 2020, is amended to read as 20 follows: 21 309.24 Uniform and unified plan required. 22 Said The secondary road construction program or project 23 shall be planned on the basis of one general, uniform, and 24 unified plan for the complete and permanent construction of the 25 roads embraced therein in the program or project as to bridge, 26 culvert, tile, and grading or other improvements. 27 Sec. 136. Section 309.27, Code 2020, is amended to read as 28 follows: 29 309.27 Report of engineer. 30 In addition to the foregoing meeting the requirements of 31 sections 309.22 through 309.26 , the engineer, when so ordered 32 by the board, shall make written report to the board and shall 33 designate therein in their order of importance the roads which, 34 in the engineer’s judgment, are most urgently in need of 35 -45- LSB 5940SC (14) 88 lh/ns 45/ 180
S.F. _____ construction. 1 Sec. 137. Section 309.37, unnumbered paragraph 1, Code 2 2020, is amended to read as follows: 3 Said The engineer’s survey shall show: 4 Sec. 138. Section 309.47, unnumbered paragraph 1, Code 5 2020, is amended to read as follows: 6 Such certificates Certificates issued under this subchapter 7 shall be authorized by a duly adopted resolution which shall 8 specify all of the following : 9 Sec. 139. Section 309.51, Code 2020, is amended to read as 10 follows: 11 309.51 Taxation. 12 Said certificates Certificates issued under this subchapter 13 shall be exempt from taxation. 14 Sec. 140. Section 312.3, subsection 1, Code 2020, is amended 15 to read as follows: 16 1. For the fiscal year ending June 30, 2006, apportion among 17 the counties the road use tax funds credited to the secondary 18 road fund by using the allocation method contained in section 19 312.3, subsection 1 , Code 2005. For subsequent fiscal years, 20 apportion Apportion among the counties the road use tax funds 21 credited to the secondary road fund by using the distribution 22 methodology adopted pursuant to section 312.3C . 23 Sec. 141. Section 313.4, subsection 3, Code 2020, is amended 24 to read as follows: 25 3. There is appropriated from funds appropriated to the 26 department which would otherwise revert to the primary road 27 fund pursuant to the provisions of the Act appropriating the 28 funds or chapter 8 , an amount sufficient to pay the increase 29 in salaries, which increase is not otherwise provided for by 30 the general assembly in an appropriation bill, resulting from 31 the annual review of the merit pay plan as provided in section 32 8A.413, subsection 3 . The appropriation herein provided in 33 this subsection shall be in effect from the effective date of 34 the revised pay plan to the end of the fiscal biennium in which 35 -46- LSB 5940SC (14) 88 lh/ns 46/ 180
S.F. _____ it becomes effective. 1 Sec. 142. Section 313.20, Code 2020, is amended to read as 2 follows: 3 313.20 Auditor —— appointment —— bond —— duties. 4 The director of the department of administrative services 5 shall appoint the auditor of the department who shall give 6 bond in the sum of fifty thousand dollars for the faithful 7 performance of the auditor’s duties. The premium on said 8 the bond shall be paid by the department from the primary 9 road fund. Said The auditor shall check and audit all claims 10 against the department before such claims are approved by the 11 department, and shall keep all records and accounts relating 12 to the expenditures of the department. The auditor shall, in 13 the checking and auditing of claims against the department, and 14 keeping the records and accounts of the department, be under 15 the direction and supervision of the director of the department 16 of administrative services, and act as an agent of said the 17 director. The department shall furnish said the auditor with 18 such help and assistants as may be necessary to properly 19 perform the duties herein specified in this section . The said 20 auditor may be removed by the director of the department of 21 administrative services. 22 Sec. 143. Section 313.24, Code 2020, is amended to read as 23 follows: 24 313.24 Separated cities. 25 The department shall designate the street or streets which 26 shall constitute the primary road extensions in any city of 27 the state, which city is separated from the remainder of 28 the state by a river more than five hundred feet in width 29 from bank to bank. The laws of this state relating to the 30 construction, reconstruction , or maintenance of the extensions 31 of primary roads in cities, and to the purchase or condemnation 32 of right-of-way therefor for those primary roads , and to the 33 expenditure of primary road funds thereon, shall apply to the 34 roads or streets designated hereunder under this section , the 35 -47- LSB 5940SC (14) 88 lh/ns 47/ 180
S.F. _____ same as though said community were not so separated from the 1 rest of the state. 2 Sec. 144. Section 313.29, Code 2020, is amended to read as 3 follows: 4 313.29 Detours located in city. 5 When the temporary primary road detour or temporary primary 6 road haul road, or any portion thereof, is located within 7 the corporate limits of a city, then as to the portion so 8 located, the provisions of section 313.28 as to consultation, 9 designation, restoration , and payment by the department shall 10 apply in like manner to the benefit of the city , and credits 11 thereunder . Credits under section 313.28 shall be made to the 12 general fund of the city. A city may designate the county 13 engineer or city engineer to inspect such street so used 14 jointly with the representative of the department. 15 Sec. 145. Section 321.1, subsection 26, Code 2020, is 16 amended to read as follows: 17 26. “Foreign vehicle” means every vehicle of a type required 18 to be registered hereunder under this chapter brought into this 19 state from another state, territory, or country other than in 20 the ordinary course of business by or through a manufacturer or 21 dealer and not registered in this state. 22 Sec. 146. Section 321.187, subsection 2, paragraph c, Code 23 2020, is amended to read as follows: 24 c. Any third-party skills test examiner used by the 25 third-party tester shall meet the requirements of 49 C.F.R. 26 §383.75 and 49 C.F.R. §384.228 , as adopted by rule by the 27 department. The department shall adopt rules requiring that a 28 third-party tester, other than a community college established 29 under chapter 260C , shall either be an Iowa-based motor 30 carrier, or its subsidiary, that has its principal office 31 within this state and operates a permanent commercial driver 32 training facility in this state, or be an Iowa nonprofit 33 corporation that serves as a trade association for Iowa-based 34 motor carriers. The rules may also provide that a third-party 35 -48- LSB 5940SC (14) 88 lh/ns 48/ 180
S.F. _____ tester conduct a number of skills test examinations above the 1 number required under 49 C.F.R. §383.75 in order to remain 2 qualified as a third-party tester under this section . 3 Sec. 147. Section 321.258, subsection 1, paragraphs b and c, 4 Code 2020, are amended to read as follows: 5 b. Steady and/ or flashing left-turn red arrow. 6 c. Steady and/ or flashing right-turn red arrow. 7 Sec. 148. Section 321.258, subsection 2, paragraphs b and c, 8 Code 2020, are amended to read as follows: 9 b. Steady and/ or flashing left-turn red arrow. 10 c. Steady and/ or flashing right-turn red arrow. 11 Sec. 149. Section 321.378, Code 2020, is amended to read as 12 follows: 13 321.378 Applicability. 14 The provisions of sections 321.372 to through 321.377, this 15 section, and sections 321.379 and 321.380 , shall apply to all 16 public and nonpublic schools where children are transported to 17 and from school. 18 Sec. 150. Section 321.380, Code 2020, is amended to read as 19 follows: 20 321.380 Enforcement. 21 It shall be the duty of all peace officers and of the state 22 patrol to enforce the provisions of sections 321.372 to through 23 321.379 . 24 Sec. 151. Section 321.431, subsections 2 and 3, Code 2020, 25 are amended to read as follows: 26 2. Under the above conditions specified in subsection 1, 27 the hand brake shall be adequate to hold such the vehicle or 28 vehicles stationary on any grade upon which operated. 29 3. Under the above conditions specified in subsection 1, 30 the service brakes upon a motor vehicle equipped with two-wheel 31 brakes only, and when permitted hereunder under this section , 32 shall be adequate to stop the vehicle within a distance of 33 forty-five feet and the hand brake adequate to stop the vehicle 34 within a distance of fifty-five feet. 35 -49- LSB 5940SC (14) 88 lh/ns 49/ 180
S.F. _____ Sec. 152. Section 321.463, subsection 4, paragraph b, 1 subparagraph (4), subparagraph division (b), Code 2020, is 2 amended to read as follows: 3 (b) “Fence-line feeder, grain cart, or tank wagon” means all 4 of the following: 5 (i) A fence-line feeder, grain cart, or tank wagon 6 manufactured on or after July 1, 2001. 7 (ii) After July 1, 2005, any fence-line feeder, grain cart, 8 or tank wagon. 9 Sec. 153. Section 321.480, Code 2020, is amended to read as 10 follows: 11 321.480 Limitation on expense. 12 For the purposes of sections 321.476 to through 321.479, 13 this section, and section 321.481 and the enforcement of the 14 provisions of the motor vehicle laws relating to the size, 15 weight, and load of motor vehicles and trailers the department 16 is hereby authorized to expend from the primary road fund only 17 the amount appropriated for each biennium. 18 Sec. 154. Section 321.481, Code 2020, is amended to read as 19 follows: 20 321.481 No impairment of other authority. 21 Nothing in sections 321.476 to through 321.480 shall be so 22 construed as to limit or impair the authority or duties of 23 other peace officers in the enforcement of the motor vehicle 24 laws or any portion thereof. 25 Sec. 155. Section 321.488, Code 2020, is amended to read as 26 follows: 27 321.488 Procedure not exclusive. 28 The provisions of this chapter shall govern all peace 29 officers in