House Study Bill 236 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON HOLT) A BILL FOR An Act relating to statutory corrections which may adjust 1 language to reflect current practices, insert earlier 2 omissions, delete redundancies and inaccuracies, delete 3 temporary language, resolve inconsistencies and conflicts, 4 update ongoing provisions, or remove ambiguities, and 5 including retroactive applicability provisions. 6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 7 TLSB 2258HC (1) 89 lh/ns
H.F. _____ DIVISION I 1 MISCELLANEOUS CHANGES 2 Section 1. Section 7C.12, subsection 2, unnumbered 3 paragraph 1, Code 2021, is amended to read as follows: 4 In addition to the powers and duties specified in sections 5 7C.1 to through 7C.11 , the governor’s designee: 6 Sec. 2. Section 9G.6, subsection 1, Code 2021, is amended 7 to read as follows: 8 1. No patents Patents shall not be issued for any lands 9 belonging to the state, except upon the certificate of the 10 person or officer specially charged with the custody of the 11 same patents , setting forth the appraised value per acre, the 12 name of person to whom sold, the date of sale, the price per 13 acre, the amount paid, the name of the person making final 14 payment, and the name of the person who is entitled to the 15 patent , and, if thus . If a person is entitled by to a patent 16 due to an assignment from the original purchaser, setting 17 the certificate shall set forth fully such the assignment , 18 which certificate and shall be filed and preserved in the land 19 office. 20 Sec. 3. Section 10.1, subsection 17, paragraph b, Code 2021, 21 is amended to read as follows: 22 b. As used in paragraph “a” , a type of membership interest 23 in a limited liability company includes any of the following: 24 (1) (a) A series as provided in chapter 489, article 12 . 25 (b) This subparagraph is repealed on July 1, 2021. 26 (2) A a protected series of a series limited liability 27 company as provided in chapter 489, article 14 . 28 Sec. 4. Section 10.10, subsection 1, paragraph c, 29 subparagraph (2), Code 2021, is amended to read as follows: 30 (2) As used in subparagraph (1), a type of membership 31 interest in a limited liability company includes any of the 32 following: 33 (a) (i) A series as provided in chapter 489, article 12 . 34 (ii) This subparagraph division is repealed on July 1, 2021. 35 -1- LSB 2258HC (1) 89 lh/ns 1/ 159
H.F. _____ (b) A a protected series of a series limited liability 1 company as provided in chapter 489, article 14 . 2 Sec. 5. Section 12B.14, Code 2021, is amended to read as 3 follows: 4 12B.14 False statements or reports. 5 Any officer or other person making a false statement or 6 report or in any manner violating any of the provisions 7 of sections 12B.10 to through 12B.13 shall be guilty of a 8 fraudulent practice. 9 Sec. 6. Section 15.108, subsection 1, paragraph b, Code 10 2021, is amended to read as follows: 11 b. Provide staff assistance to the corporation formed under 12 authority of sections 15E.11 to through 15E.16 to receive 13 and disburse funds to further the overall development and 14 well-being of the state. 15 Sec. 7. Section 15.335, subsection 4, paragraph a, Code 16 2021, is amended to read as follows: 17 a. In lieu of the credit amount computed in subsection 2 , an 18 eligible business may elect to compute the credit amount for 19 qualified research expenses incurred in this state in a manner 20 consistent with the alternative simplified credit described in 21 section 41(c)(4) of the Internal Revenue Code. The taxpayer 22 may make this election regardless of the method used for the 23 taxpayer’s federal income tax. The election made under this 24 paragraph is for the tax year and the taxpayer may use another 25 or the same method for any subsequent tax year. 26 Sec. 8. Section 15.335, subsection 8, Code 2021, is amended 27 to read as follows: 28 8. Any credit in excess of the tax liability for the taxable 29 year shall be refunded with interest in accordance with section 30 421.60, subsection 2 , paragraph “e” . In lieu of claiming a 31 refund, a taxpayer may elect to have the overpayment shown on 32 its final, completed return credited to the tax liability for 33 the following tax year. 34 Sec. 9. Section 15.354, subsection 2, paragraph d, Code 35 -2- LSB 2258HC (1) 89 lh/ns 2/ 159
H.F. _____ 2021, is amended to read as follows: 1 d. An applicant that does not receive a tax incentive award 2 during an application period may make additional applications 3 during subsequent application periods. Such applicant shall 4 be required to submit a new application and , which shall be 5 competitively reviewed and scored in the same manner as other 6 applicants applications in that application period. 7 Sec. 10. Section 20.10, subsection 3, paragraph f, Code 8 2021, is amended to read as follows: 9 f. Violate the provisions of sections 732.1 to through 10 732.3 , which are hereby made applicable to public employers, 11 public employees, and employee organizations. 12 Sec. 11. Section 20.19, subsection 1, Code 2021, is amended 13 to read as follows: 14 1. As the first step in the performance of their duty to 15 bargain, the public employer and the employee organization 16 shall endeavor to agree upon impasse procedures. Such 17 agreement shall provide for implementation of these impasse 18 procedures not later than one hundred twenty days prior to 19 the certified budget submission date of the public employer. 20 However, if public employees represented by the employee 21 organization are teachers licensed under chapter 272 , and the 22 public employer is a school district or area education agency, 23 the agreement shall provide for implementation of impasse 24 procedures not later than one hundred twenty days prior to May 25 31 of the year when the collective bargaining agreement is 26 to become effective. If the public employer is a community 27 college, the agreement shall provide for implementation of 28 impasse procedures not later than one hundred twenty days prior 29 to May 31 of the year when the collective bargaining agreement 30 is to become effective. If the public employer is not subject 31 to the budget certification requirements of section 24.17 and 32 other applicable sections, the agreement shall provide for 33 implementation of impasse procedures not later than one hundred 34 twenty days prior to the date the next fiscal or budget year of 35 -3- LSB 2258HC (1) 89 lh/ns 3/ 159
H.F. _____ the public employer commences. If the parties fail to agree 1 upon impasse procedures under the provisions of this section , 2 the impasse procedures provided in sections 20.20 to and 20.22 3 shall apply. 4 Sec. 12. Section 24.3, unnumbered paragraph 1, Code 2021, 5 is amended to read as follows: 6 No A municipality shall not certify or levy in any fiscal 7 year any tax on property subject to taxation unless and until 8 the following estimates have been made, filed, and considered, 9 as hereinafter provided in this chapter : 10 Sec. 13. Section 24.9, subsection 2, Code 2021, is amended 11 to read as follows: 12 2. Budget estimates adopted and certified in accordance 13 with this chapter may be amended and increased as the need 14 arises to permit appropriation and expenditure during the 15 fiscal year covered by the budget of unexpended cash balances 16 on hand at the close of the preceding fiscal year and which 17 cash balances had not been estimated and appropriated for 18 expenditure during the fiscal year of the budget sought to 19 be amended, and also to permit appropriation and expenditure 20 during the fiscal year covered by the budget of amounts of cash 21 anticipated to be available during the year from sources other 22 than taxation and which had not been estimated and appropriated 23 for expenditure during the fiscal year of the budget sought 24 to be amended. Such amendments to budget estimates may be 25 considered and adopted at any time during the fiscal year 26 covered by the budget sought to be amended, by filing the 27 amendments and upon publishing them and giving notice of the 28 public hearing in the manner required in this section . Within 29 ten days of the decision or order of the certifying or levying 30 board, the proposed amendment of the budget is subject to 31 protest, hearing on the protest, appeal to the state appeal 32 board and review by that body, all in accordance with sections 33 24.27 to through 24.32 , so far as applicable. A local budget 34 shall be amended by May 31 of the current fiscal year to allow 35 -4- LSB 2258HC (1) 89 lh/ns 4/ 159
H.F. _____ time for a protest hearing to be held and a decision rendered 1 before June 30. An amendment of a budget after May 31 which 2 is properly appealed but without adequate time for hearing 3 and decision before June 30 is void. Amendments to budget 4 estimates accepted or issued under this section are not within 5 section 24.14 . 6 Sec. 14. Section 24.24, Code 2021, is amended to read as 7 follows: 8 24.24 Violations. 9 Failure on the part of a public official to perform any 10 of the duties prescribed in chapter 73A , and this chapter , 11 and sections section 8.39 , and sections 11.1 to , 11.2, 11.4, 12 and 11.5, constitutes a simple misdemeanor, and is sufficient 13 ground for removal from office. 14 Sec. 15. Section 29B.1, Code 2021, is amended to read as 15 follows: 16 29B.1 Persons subject to code —— definitions —— short title . 17 1. This chapter applies to all members of the state military 18 forces performing national guard duty or state active duty, 19 while not on federal active duty. In addition, this chapter 20 applies to all members of the state military forces who commit 21 an offense during travel to or from the member’s duty location 22 or during intervals between consecutive periods of duty on the 23 same day or on consecutive days in which the victim of the 24 offense is another member of the state military forces. 25 2. As used in this chapter , unless the context otherwise 26 requires , “state military forces” has the same meaning as in 27 section 29A.6 , and “code” : 28 a. “Code” means this chapter , which may be cited as the 29 “Iowa Code of Military Justice” . 30 b. “State military forces” means the same as defined in 31 section 29A.6. 32 3. This chapter may be cited as the “Iowa Code of Military 33 Justice” . 34 Sec. 16. Section 34A.2, subsections 8 and 14, Code 2021, are 35 -5- LSB 2258HC (1) 89 lh/ns 5/ 159
H.F. _____ amended to read as follows: 1 8. “Competitive local exchange service provider” means the 2 same as defined in section 476.96 any person, including a 3 municipal utility, that provides local exchange services, other 4 than a local exchange carrier or a non-rate-regulated wireline 5 provider of local exchange services under an authorized 6 certificate of public convenience and necessity within a 7 specific geographic area described in maps filed with and 8 approved by the Iowa utilities board as of September 30, 1992 . 9 14. “Local exchange carrier” means the same as defined in 10 section 476.96 any person that was the incumbent and historical 11 rate-regulated wireline provider of local exchange services 12 or any successor to such person that provides local exchange 13 services under an authorized certificate of public convenience 14 and necessity within a specific geographic area described in 15 maps filed with and approved by the Iowa utilities board as of 16 September 30, 1992 . 17 Sec. 17. Section 35C.4, Code 2021, is amended to read as 18 follows: 19 35C.4 Mandamus —— judicial review. 20 A refusal to allow said the preference granted under this 21 chapter , or a reduction of the salary for said a position 22 with intent to bring about the resignation or discharge of 23 the incumbent, shall entitle the applicant or incumbent, as 24 the case may be, to maintain an action of mandamus to right 25 the wrong. At their election such parties The applicant or 26 incumbent may elect , in the alternative, to maintain an action 27 for judicial review in accordance with the terms of the Iowa 28 administrative procedure Act, chapter 17A , if that is otherwise 29 applicable to their case. An action of mandamus shall be filed 30 by an applicant or incumbent within three hundred days after 31 a refusal to allow said the preference, or a reduction of the 32 salary for said a position with intent to bring about the 33 resignation or discharge of the incumbent. 34 Sec. 18. Section 37.26, Code 2021, is amended to read as 35 -6- LSB 2258HC (1) 89 lh/ns 6/ 159
H.F. _____ follows: 1 37.26 General powers. 2 For the purpose of carrying out the provisions of sections 3 37.22 to through 37.25 , the commission shall have authority to 4 receive and to convey title to real estate, to take mortgage or 5 other security and to release or transfer the same. 6 Sec. 19. Section 37.27, Code 2021, is amended to read as 7 follows: 8 37.27 Nursing homes with memorial hospitals. 9 If a memorial building has been constructed for the purpose 10 of a hospital pursuant to this chapter , additions for hospital 11 purposes, and nursing homes to be operated in conjunction 12 with the hospital may be erected or acquired by following the 13 procedure outlined in chapter 347 and by issuing general county 14 purpose bonds in accordance with sections 331.441 to through 15 331.449 , with the commissioners acting in the same manner and 16 fashion as the hospital trustees under chapter 347 , and with 17 the procedure in all other respects to be identical. 18 Sec. 20. Section 43.3, Code 2021, is amended to read as 19 follows: 20 43.3 Offices affected by primary. 21 Candidates of all political parties for all offices which 22 are filled at a regular biennial election by direct vote of the 23 people shall be nominated at a primary election at the time and 24 in the manner hereinafter directed in this chapter . 25 Sec. 21. Section 43.13, Code 2021, is amended to read as 26 follows: 27 43.13 Failure to file nomination papers. 28 The name of a candidate for any office named in section 29 43.11 shall not be printed on the official primary ballot of 30 the candidate’s party unless nomination papers are filed as 31 therein provided in section 43.11 except as otherwise permitted 32 by section 43.23 . 33 Sec. 22. Section 43.46, Code 2021, is amended to read as 34 follows: 35 -7- LSB 2258HC (1) 89 lh/ns 7/ 159
H.F. _____ 43.46 Delivering returns. 1 The precinct election officials shall deliver all election 2 supplies, by noon of the day after the close of the polls, to 3 the commissioner who shall carefully preserve them and deliver 4 the returns in the condition in which received except as is 5 otherwise required by sections 50.20 to through 50.22 , to the 6 county board of supervisors. 7 Sec. 23. Section 43.108, Code 2021, is amended to read as 8 follows: 9 43.108 Organization of state convention —— proxies 10 prohibited. 11 The convention shall be called to order by the chairperson 12 of the state central committee, or that individual’s designee , 13 who shall thereupon present a list of delegates, as certified 14 by the various county conventions, and effect a temporary 15 organization. If any county shall is not be fully represented, 16 the delegates present from such that county shall cast the full 17 vote thereof of the county if the rules of the convention , or 18 party bylaws or constitution so allow, and there shall be no 19 proxies. 20 Sec. 24. Section 44.10, Code 2021, is amended to read as 21 follows: 22 44.10 Effect of withdrawal. 23 No The name so of a candidate who has withdrawn the 24 candidate’s nomination as provided in section 44.9 shall not be 25 printed on the official ballot under such that nomination. 26 Sec. 25. Section 48A.5, subsection 4, paragraph a, Code 27 2021, is amended to read as follows: 28 a. Comply with all applicable requirements of sections 53.37 29 to through 53.53 relating to absentee ballots for members of 30 the armed forces and other citizens living outside the United 31 States. 32 Sec. 26. Section 54.8, subsection 2, Code 2021, is amended 33 to read as follows: 34 2. Except as otherwise provided by law of this state outside 35 -8- LSB 2258HC (1) 89 lh/ns 8/ 159
H.F. _____ of this chapter , each elector shall present both completed 1 ballots to the state commissioner who shall examine the ballots 2 and accept and cast all ballots of electors whose votes are 3 consistent with their pledges executed under section 54.5 4 or 54.7 . Except as otherwise provided by law of this state 5 outside of this chapter , the state commissioner shall not 6 accept and shall not count an elector’s presidential and vice 7 presidential ballots if the elector has not marked both ballots 8 or has marked one a ballot in violation of the elector’s 9 pledge. 10 Sec. 27. Section 74.2, Code 2021, is amended to read as 11 follows: 12 74.2 Endorsement and interest. 13 1. If a warrant other than an anticipatory warrant is 14 presented for payment, and is not paid for want of funds, or 15 is only partially paid, the treasurer shall endorse the fact 16 thereon on the warrant , with the date of presentation, and 17 sign the endorsement , and thereafter the . After the date of 18 presentation, the warrant or the balance due thereon, on the 19 warrant shall bear interest at the rate specified in section 20 74A.2 . 21 2. An anticipatory warrant issued under the authority 22 of section 74.1, subsection 1 , shall bear interest at a rate 23 determined by the issuing governmental body, but not exceeding 24 that permitted by chapter 74A . 25 Sec. 28. Section 80.4, subsection 3, Code 2021, is amended 26 to read as follows: 27 3. The aforesaid allocation of duties described in this 28 section shall not be interpreted to prevent flexibility in 29 interdepartmental operations or to forbid other divisional 30 allocations of duties in the discretion of the commissioner. 31 Sec. 29. Section 80.5, subsection 1, Code 2021, is amended 32 to read as follows: 33 1. It shall be the duty of the department to prevent crime, 34 to detect and apprehend criminals, and to enforce such other 35 -9- LSB 2258HC (1) 89 lh/ns 9/ 159
H.F. _____ laws as are hereinafter specified. 1 Sec. 30. Section 80.9A, subsection 6, unnumbered paragraph 2 1, Code 2021, is amended to read as follows: 3 A peace officer of the department shall not exercise the 4 general powers of a peace officer within the limits of any 5 city, except as follows: 6 Sec. 31. Section 80B.13, subsections 3 and 9, Code 2021, are 7 amended to read as follows: 8 3. Issue certificates to law enforcement officers , reserve 9 peace officers, and jailers who have met the requirements of 10 this chapter and rules adopted under chapter 17A relative to 11 hiring and training standards. 12 9. In accordance with chapter 17A , conduct investigations, 13 hold hearings, appoint administrative law judges, administer 14 oaths, and issue subpoenas enforceable in district court on 15 matters relating to the revocation or suspension of a law 16 enforcement officer’s or reserve peace officer’s certification. 17 Sec. 32. Section 84A.2, subsection 5, paragraph c, Code 18 2021, is amended to read as follows: 19 c. Sections 1 to through 13 of the federal Wagner-Peyser 20 Act, as codified at 29 U.S.C. §49 et seq., relating to 21 employment services. 22 Sec. 33. Section 85.31, subsection 3, Code 2021, is amended 23 to read as follows: 24 3. If the employee leaves dependents only partially 25 dependent upon the employee’s earnings for support at the time 26 of the injury, the weekly compensation to be paid as aforesaid, 27 provided in subsections 1 and 2 shall be equal to the same 28 proportion of the weekly payments for the benefit of persons 29 wholly dependent as the amount contributed by the employee to 30 such partial dependents bears to the annual earnings of the 31 deceased at the time of the injury. 32 Sec. 34. Section 85.34, subsection 2, paragraph v, Code 33 2021, is amended to read as follows: 34 v. In all cases of permanent partial disability other than 35 -10- LSB 2258HC (1) 89 lh/ns 10/ 159
H.F. _____ those hereinabove described or referred to in paragraphs “a” 1 through “u” hereof , the compensation shall be paid during 2 the number of weeks in relation to five hundred weeks as the 3 reduction in the employee’s earning capacity caused by the 4 disability bears in relation to the earning capacity that the 5 employee possessed when the injury occurred. A determination 6 of the reduction in the employee’s earning capacity caused 7 by the disability shall take into account the permanent 8 partial disability of the employee and the number of years in 9 the future it was reasonably anticipated that the employee 10 would work at the time of the injury. If an employee who 11 is eligible for compensation under this paragraph returns to 12 work or is offered work for which the employee receives or 13 would receive the same or greater salary, wages, or earnings 14 than the employee received at the time of the injury, the 15 employee shall be compensated based only upon the employee’s 16 functional impairment resulting from the injury, and not in 17 relation to the employee’s earning capacity. Notwithstanding 18 section 85.26, subsection 2 , if an employee who is eligible 19 for compensation under this paragraph returns to work with the 20 same employer and is compensated based only upon the employee’s 21 functional impairment resulting from the injury as provided 22 in this paragraph and is terminated from employment by that 23 employer, the award or agreement for settlement for benefits 24 under this chapter shall be reviewed upon commencement of 25 reopening proceedings by the employee for a determination of 26 any reduction in the employee’s earning capacity caused by the 27 employee’s permanent partial disability. 28 Sec. 35. Section 85.37, subsection 1, Code 2021, is amended 29 to read as follows: 30 1. If an employee receives a personal injury causing 31 temporary total disability, or causing a permanent partial 32 disability for which compensation is payable during a healing 33 period, compensation for the temporary total disability or for 34 the healing period shall be upon the basis provided in this 35 -11- LSB 2258HC (1) 89 lh/ns 11/ 159
H.F. _____ section . The weekly benefit amount payable to any employee 1 for any one week shall be upon the basis of eighty percent of 2 the employee’s weekly spendable earnings, but shall not exceed 3 an amount, rounded to the nearest dollar, equal to sixty-six 4 and two-thirds two hundred percent of the statewide average 5 weekly wage paid employees as determined by the department 6 of workforce development under section 96.1A, subsection 35 , 7 and in effect at the time of the injury. However, as of July 8 1, 1981, the maximum weekly benefit amount rounded to the 9 nearest dollar shall be increased so that it equals two hundred 10 percent of the statewide average weekly wage as determined 11 in this section . Total weekly compensation for any employee 12 shall not exceed eighty percent per week of the employee’s 13 weekly spendable earnings. The minimum weekly benefit amount 14 shall be equal to the weekly benefit amount of a person whose 15 gross weekly earnings are thirty-five percent of the statewide 16 average weekly wage, or to the spendable weekly earnings of the 17 employee, whichever are less. 18 Sec. 36. Section 85.61, subsection 1, Code 2021, is amended 19 to read as follows: 20 1. The word “court” wherever used in this chapter and 21 chapters 86 and 87 , unless the context shows otherwise, shall 22 be taken to mean means the district court. 23 Sec. 37. Section 85.61, subsection 11, paragraph b, Code 24 2021, is amended to read as follows: 25 b. The term “worker” or “employee” shall include the 26 singular and plural. Any reference to a worker or employee 27 who has been injured shall, when such worker or employee is 28 dead, include the worker’s or employee’s dependents as herein 29 defined in this chapter or the worker’s or employee’s legal 30 representatives; and where the worker or employee is a minor 31 or incompetent, it shall include the minor’s or incompetent’s 32 incompetent person’s guardian, next friend, or trustee. 33 Notwithstanding any law prohibiting the employment of minors, 34 all minor employees shall be entitled to the benefits of this 35 -12- LSB 2258HC (1) 89 lh/ns 12/ 159
H.F. _____ chapter and chapters 86 and 87 regardless of the age of such 1 minor employee. 2 Sec. 38. Section 85.65A, subsection 2, Code 2021, is amended 3 to read as follows: 4 2. Prior to July 1 of each fiscal year commencing on or 5 after July 1, 1999 , the commissioner of insurance shall conduct 6 an examination of the outstanding liabilities of the second 7 injury fund and shall make a determination as to whether 8 sufficient funds will be available in the second injury fund 9 to pay the liabilities of the fund for each of the next two 10 fiscal years. If the commissioner of insurance determines 11 sufficient funds will be available, the commissioner shall not 12 impose a surcharge on employers during the next succeeding 13 fiscal year. If the commissioner determines sufficient funds 14 will not be available, the commissioner shall impose by rule, 15 pursuant to chapter 17A , a surcharge on employers during the 16 next succeeding fiscal year for payment to the treasurer of 17 state for the second injury fund pursuant to the requirements 18 of this section . 19 Sec. 39. Section 85A.3, Code 2021, is amended to read as 20 follows: 21 85A.3 Employees covered. 22 All employees as defined by the workers’ compensation law of 23 Iowa employed in any business or industrial process hereinafter 24 designated and described in this chapter and who in the course 25 of their employment are exposed to an occupational disease as 26 herein defined in this chapter are subject to the provisions of 27 this chapter . 28 Sec. 40. Section 85A.11, subsections 1 and 2, Code 2021, are 29 amended to read as follows: 30 1. When If any employee is clinically diagnosed as having 31 brucellosis (undulant fever) , it the employee shall not be 32 considered that the employee has to have the disease unless the 33 clinical diagnosis is confirmed by either of the following : 34 a. A positive blood culture for brucella organisms , or . 35 -13- LSB 2258HC (1) 89 lh/ns 13/ 159
H.F. _____ b. A positive agglutination test which must be verified 1 by not less than two successive positive agglutination tests, 2 each of which tests shall be positive in a titer of one to one 3 hundred sixty or higher. Said The subsequent agglutination 4 tests must be made of specimens taken not less than seven nor 5 more than ten days after each preceding test. 6 2. The specimens for the tests required herein by this 7 section must be taken by a licensed practicing physician or 8 osteopathic physician, and immediately delivered to the state 9 hygienic laboratory of the Iowa department of public health 10 at Iowa City , and each such . Each specimen shall be in a 11 container upon which is plainly printed the name and address 12 of the subject, the date when the specimen was taken, the name 13 and address of the subject’s employer , and a certificate by the 14 physician or osteopathic physician that the physician took the 15 specimen from the named subject on the date stated over the 16 physician’s signature and address. 17 Sec. 41. Section 85A.13, subsection 3, Code 2021, is amended 18 to read as follows: 19 3. Pneumoconiosis complicated with other diseases. In case 20 of disability or death from pneumoconiosis complicated with 21 tuberculosis of the lungs, compensation shall be payable as 22 for uncomplicated pneumoconiosis, provided, however, that 23 the pneumoconiosis was an essential factor in causing such 24 disability or death. In case of disability or death from 25 pneumoconiosis complicated with any other disease, or from any 26 other disease complicated with pneumoconiosis, the compensation 27 shall be reduced as herein provided in this chapter . 28 Sec. 42. Section 86.12, subsection 1, Code 2021, is amended 29 to read as follows: 30 1. The workers’ compensation commissioner may require any 31 employer to supply the information required by section 86.10 32 or to file a report required by section 86.11 or 86.13 or by 33 agency rule, by written demand sent to the employer’s last 34 known address. Upon failure to supply such information or file 35 -14- LSB 2258HC (1) 89 lh/ns 14/ 159
H.F. _____ such report within thirty days, the employer may be ordered to 1 appear and show cause why the employer should not be subject to 2 assessment of one thousand dollars for each occurrence. Upon 3 such hearing, the workers’ compensation commissioner shall 4 enter a finding of fact and may enter an order requiring such 5 assessment to be paid into the second injury fund created by 6 sections 85.63 to through 85.69 . In the event the assessment 7 is not voluntarily paid within thirty days, the workers’ 8 compensation commissioner may file a certified copy of such 9 finding and order with the clerk of the court for the district 10 in which the employer maintains a place of business. If 11 the employer maintains no place of business in this state, 12 service shall be made as provided in chapter 85 for nonresident 13 employers. In such case the finding and order may be filed in 14 any court of competent jurisdiction within this state. 15 Sec. 43. Section 89A.2, subsection 1, paragraph f, 16 unnumbered paragraph 1, Code 2021, is amended to read as 17 follows: 18 A conveyance An elevator installed in a building in a 19 federally designated national historic district as long as each 20 of the following conditions is met: 21 Sec. 44. Section 89A.2, subsection 2, Code 2021, is amended 22 to read as follows: 23 2. Provisions of this chapter supersede conflicting 24 provisions contained in building codes of this state or any 25 subdivision thereof of this state . 26 Sec. 45. Section 89A.6, subsections 4 and 6, Code 2021, are 27 amended to read as follows: 28 4. The inspections required by subsections 1 to through 29 3 shall be made only by inspectors or special inspectors. 30 An inspection by a special inspector may be accepted by the 31 commissioner in lieu of a required inspection by an inspector. 32 6. In addition to the inspections required by subsections 33 1 to through 3, the safety board may provide by rule for 34 additional inspections as the safety board deems necessary to 35 -15- LSB 2258HC (1) 89 lh/ns 15/ 159
H.F. _____ enforce the provisions of this chapter . 1 Sec. 46. Section 91A.12, subsection 1, Code 2021, is amended 2 to read as follows: 3 1. Any employer who violates the provisions of this chapter 4 or the rules promulgated under it shall be subject to a civil 5 money penalty of not more than five hundred dollars per pay 6 period for each violation. The commissioner may recover such 7 civil money penalty according to the provisions of subsections 8 2 to through 5 . Any civil money penalty recovered shall be 9 deposited in the general fund of the state. 10 Sec. 47. Section 96.9, subsection 4, paragraph b, Code 2021, 11 is amended to read as follows: 12 b. Money requisitioned as provided herein in this subsection 13 for the payment of expenses of administration shall be 14 deposited in the employment security administration fund, 15 but, until expended, shall remain a part of the unemployment 16 compensation fund. The treasurer of state shall maintain a 17 separate record of the deposit, obligation, expenditure, and 18 return of funds so deposited. Any money so deposited which 19 either will not be obligated within the period specified by 20 the appropriation law or remains unobligated at the end of 21 the period, and any money which has been obligated within the 22 period but will not be expended, shall be returned promptly to 23 the account of this state in the unemployment trust fund. 24 Sec. 48. Section 96.26, Code 2021, is amended to read as 25 follows: 26 96.26 Moneys received. 27 The department is authorized to accept, receive, and receipt 28 for all moneys received from the United States for the payments 29 authorized by sections section 96.25 to , this section, section 30 96.27, and section 96.28 for lands and buildings and to comply 31 with any rules made under the Social Security Act or the 32 Wagner-Peyser Act. 33 Sec. 49. Section 96.28, Code 2021, is amended to read as 34 follows: 35 -16- LSB 2258HC (1) 89 lh/ns 16/ 159
H.F. _____ 96.28 Deposit of funds. 1 All moneys received from the United States for the payments 2 authorized by sections 96.25 to through 96.27 for lands 3 and buildings shall be deposited in the employment security 4 administration fund in the state treasury and are appropriated 5 therefrom for the purposes of this chapter . 6 Sec. 50. Section 97.50, subsections 1 and 2, Code 2021, are 7 amended to read as follows: 8 1. Any person being paid any benefits under the provisions 9 of sections 97.13 to through 97.18 , Code 1950, as amended, as 10 of June 30, 1953, shall continue to receive such benefits as 11 though that chapter had not been repealed. 12 2. Any person who became entitled to any benefits under 13 the provisions of sections 97.13 to through 97.19 , Code 1950, 14 as amended, through the retirement or death of any person 15 prior to June 30, 1953, shall be paid the same benefits upon 16 proper application, subsequent to June 30, 1953, as though that 17 chapter had not been repealed. 18 Sec. 51. Section 97.53, Code 2021, is amended to read as 19 follows: 20 97.53 Rule of construction. 21 As used in sections 97.50 to through 97.52 , unless clearly 22 indicated by the context to the contrary, all references to 23 employment or service refer to employment or service in Iowa 24 public employment. 25 Sec. 52. Section 97B.1A, subsection 1, Code 2021, is amended 26 to read as follows: 27 1. “Abolished system” means the Iowa old-age and survivors’ 28 insurance system repealed by sections 97.50 to through 97.53 . 29 Sec. 53. Section 97B.43, subsection 1, Code 2021, is amended 30 to read as follows: 31 1. Each member in service on July 4, 1953, who made 32 contributions under the abolished system, and who has not 33 applied for and qualified for benefit payments under the 34 abolished system, shall receive credit for years of prior 35 -17- LSB 2258HC (1) 89 lh/ns 17/ 159
H.F. _____ service in the determination of retirement allowance payments 1 under this chapter , if the member elects to become a member on 2 or before October 1, 1953, the member has not made application 3 for a refund of the part of the member’s contributions under 4 the abolished system which are payable under sections 97.50 5 to through 97.53 , and the member gives written authorization 6 prior to October 1, 1953, to the commission to credit to the 7 retirement fund the amount of the member’s contribution which 8 would be subject to a claim for refund. The amount so credited 9 shall, after transfer, be considered as a contribution to the 10 retirement system made as of July 4, 1953, by the member and 11 shall be included in the determination of the amount of moneys 12 payable under this chapter . However, an employee who was under 13 a contract of employment as a teacher in the public schools of 14 the state of Iowa at the end of the school year 1952-1953, or 15 any person covered by section 97B.1A, subsection 20 , paragraph 16 “c” or “d” , shall be considered as in service as of July 4, 17 1953, if they were members of the abolished system. 18 Sec. 54. Section 97B.56, Code 2021, is amended to read as 19 follows: 20 97B.56 Abolished system —— liquidation fund. 21 The assets of the old-age and survivors’ liquidation fund, 22 established by sections 97.50 to through 97.53 and any future 23 payments or assets payable to the old-age and survivors’ 24 liquidation fund, are hereby transferred to the retirement 25 fund, and all payments hereafter due in accordance with the 26 provisions of said sections shall be paid from the retirement 27 fund. 28 Sec. 55. Section 99.1A, Code 2021, is amended to read as 29 follows: 30 99.1A Houses of prostitution or other nuisances. 31 1. Whoever shall erect, establish, continue, maintain, use, 32 own, or lease A person who erects, establishes, continues, 33 maintains, uses, owns, or leases any building, erection, or 34 place used for the purpose of prostitution or gambling, except 35 -18- LSB 2258HC (1) 89 lh/ns 18/ 159
H.F. _____ as authorized under the laws of this state is guilty of a 1 nuisance , and the . The building, erection, or place, or the 2 ground itself, in or upon which such prostitution or gambling 3 is conducted, permitted, or carried on, continued, or exists, 4 and the furniture, fixtures, musical instruments, and movable 5 property used in conducting or maintaining such the nuisance, 6 are also declared a nuisance and shall be enjoined and abated 7 as hereinafter provided in this chapter . 8 2. The provisions of this section do not apply to social 9 and charitable gambling conducted pursuant to chapter 99B or to 10 devices lawful under section 99B.52 or 99B.53 . 11 Sec. 56. Section 99F.7A, subsection 3, Code 2021, is amended 12 to read as follows: 13 3. A licensee under this section may enter into operating 14 agreements with one or two entities to have up to a total of 15 two individually branded internet sites to conduct advance 16 deposit sports wagering for the licensee, unless one additional 17 operating agreement or individually branded internet site 18 is authorized by the commission. However, a person shall 19 not sell, grant, assign, or turn over to another person the 20 operation of an individually branded internet site to conduct 21 advance deposit sports wagering for the licensee without the 22 approval of the commission. This section does not prohibit an 23 agreement entered into between a licensee under this section 24 and an advanced deposit sports wagering operator as approved 25 by the commission. 26 Sec. 57. Section 123.63, Code 2021, is amended to read as 27 follows: 28 123.63 Temporary writ. 29 In such an action to enjoin a nuisance , the court shall, 30 upon the presentation of a petition therefor , allow a temporary 31 writ of injunction without bond, if it shall be made to appear 32 the petitioner provides evidence to the satisfaction of the 33 court , by evidence in the form of affidavits, depositions, 34 oral testimony , or otherwise, that the nuisance complained of 35 -19- LSB 2258HC (1) 89 lh/ns 19/ 159
H.F. _____ exists. 1 Sec. 58. Section 123.65, Code 2021, is amended to read as 2 follows: 3 123.65 Scope of injunction. 4 When an injunction has been granted, it shall be binding upon 5 the defendant throughout the state and any violation of the 6 provisions of this chapter anywhere within the state shall be 7 punished as a contempt as herein provided in section 123.68 . 8 Sec. 59. Section 123.66, Code 2021, is amended to read as 9 follows: 10 123.66 Trial of action. 11 Any action brought hereunder to enjoin a nuisance or to 12 establish a violation of the injunction shall be accorded 13 priority over other business pending before the district court. 14 Sec. 60. Section 124.204, subsection 4, paragraph m, Code 15 2021, is amended to read as follows: 16 m. Marijuana , except as otherwise provided in subsection 7 . 17 Sec. 61. Section 124.204, subsection 7, Code 2021, is 18 amended to read as follows: 19 7. Exclusions. This section does not apply to any of the 20 following: 21 a. Hemp as defined in section 204.2 that is or was produced 22 in this state, or was produced in another state, in accordance 23 with the provisions of chapter 204 with a maximum delta-9 24 tetrahydrocannabinol concentration that does not exceed 25 three-tenths of one percent on a dry weight basis. 26 b. A hemp product as provided in chapter 204 with a maximum 27 delta-9 tetrahydrocannabinol concentration that does not exceed 28 three-tenths of one percent on a dry weight basis. 29 Sec. 62. Section 124E.12, subsection 6, Code 2021, is 30 amended to read as follows: 31 6. The department , the department of transportation, 32 and any health care practitioner, including any authorized 33 agent or employee thereof, are not subject to any civil 34 or disciplinary penalties by the board of medicine or any 35 -20- LSB 2258HC (1) 89 lh/ns 20/ 159
H.F. _____ business, occupational, or professional licensing board or 1 entity, solely for activities conducted relating to a patient’s 2 possession or use of medical cannabidiol as authorized under 3 this chapter . Nothing in this section affects a professional 4 licensing board from taking action in response to violations of 5 any other section of law. 6 Sec. 63. Section 125.3, Code 2021, is amended to read as 7 follows: 8 125.3 Substance abuse program established. 9 The Iowa department of public health shall develop, 10 implement, and administer a comprehensive substance abuse 11 program pursuant to sections 125.1 to and 125.2, this section, 12 and sections 125.7, 125.9, 125.10, 125.12 through 125.21, 13 125.25, 125.32 through 125.34, and 125.37 through 125.43. 14 Sec. 64. Section 125.7, subsection 1, Code 2021, is amended 15 to read as follows: 16 1. Approve the comprehensive substance abuse program, 17 developed by the department pursuant to sections 125.1 to 18 through 125.3, this section, and sections 125.9, 125.10, 125.12 19 through 125.21, 125.25, 125.32 through 125.34, and 125.37 20 through 125.43. 21 Sec. 65. Section 125.85, subsection 3, Code 2021, is amended 22 to read as follows: 23 3. Upon the filing of an application for recommitment under 24 subsection 1 or 2 , the court shall schedule a recommitment 25 hearing for no later than ten days after the date the 26 application is filed. A copy of the application, the notice 27 of hearing, and any reports shall be served or provided in the 28 manner and to the persons as required by sections 125.77 to 29 through 125.80 , 125.83 , and 125.84 . 30 Sec. 66. Section 135.79, Code 2021, is amended to read as 31 follows: 32 135.79 Civil penalty. 33 Any hospital or health care facility which fails to file 34 with the department the financial reports required by sections 35 -21- LSB 2258HC (1) 89 lh/ns 21/ 159
H.F. _____ 135.74 to , 135.75, 135.76, and 135.78 is subject to a civil 1 penalty of not to exceed five hundred dollars for each offense. 2 Sec. 67. Section 135B.34, subsection 7, Code 2021, is 3 amended to read as follows: 4 7. For the purposes of this subsection section , 5 “comprehensive preliminary background check” means the same as 6 defined in section 135C.1 . 7 Sec. 68. Section 135C.46, subsection 1, Code 2021, is 8 amended to read as follows: 9 1. A facility shall not discriminate or retaliate in any 10 way against a resident or an employee of the facility who has 11 initiated or participated in any proceeding authorized by this 12 chapter . A facility which violates this section is subject to 13 a penalty of not less than two hundred fifty nor more than five 14 thousand dollars, to be assessed and collected by the director 15 in substantially the manner prescribed by sections 135C.40 to 16 135C.43 through 135C.42 and paid into the state treasury to be 17 credited to the general fund, or to immediate revocation of the 18 facility’s license. 19 Sec. 69. Section 135P.3, subsection 1, unnumbered paragraph 20 1, Code 2021, is amended to read as follows: 21 If an adverse health care incident occurs in a health 22 facility, the health care provider, the health care facility, 23 or the health care provider jointly with the health facility, 24 may provide the patient with written notice of the desire of 25 the health care provider, the health care facility, or of the 26 health care provider jointly with the health facility, to enter 27 into an open discussion under this chapter . A health care 28 facility may designate a person or class of persons who have 29 authority to provide such notice on behalf of the facility. 30 If the health care provider or health facility provides such 31 notice, such notice must be sent within one year after the 32 date on which the health care provider knew, or through the 33 use of diligence should have known, of the adverse health care 34 incident. The notice must include all of the following: 35 -22- LSB 2258HC (1) 89 lh/ns 22/ 159
H.F. _____ Sec. 70. Section 142.13, Code 2021, is amended to read as 1 follows: 2 142.13 Burial in private cemetery lot. 3 In the event such that a deceased person, whose body has been 4 used for scientific purposes as provided herein, shall own in 5 this chapter, owns or have has the right of burial in a private 6 or family cemetery lot in the state of Iowa, that such deceased 7 person’s body shall be buried in such that lot. 8 Sec. 71. Section 144.5, subsection 1, Code 2021, is amended 9 to read as follows: 10 1. Administer and enforce this chapter and the rules issued 11 hereunder under this chapter , and issue instructions for the 12 efficient administration of the statewide system of vital 13 statistics and the division for records and statistics. 14 Sec. 72. Section 144.20, Code 2021, is amended to read as 15 follows: 16 144.20 Information. 17 Information in the possession of the petitioner necessary 18 to prepare the adoption report shall be furnished with the 19 petition for adoption by each petitioner for adoption or the 20 petitioner’s attorney. The social agency, welfare agency, 21 adoption services provider or other person concerned shall 22 supply the court with such additional information in their 23 possession as necessary to complete the certificate. The 24 provision of such information shall be submitted to the court 25 prior to the issuance of a final decree in the matter by 26 the court, unless found by the court to be unavailable after 27 diligent inquiry. 28 Sec. 73. Section 144.41, Code 2021, is amended to read as 29 follows: 30 144.41 Amending local records. 31 When a certificate is amended under sections 144.38 to 32 through 144.40 the state registrar shall report the amendment 33 to the custodian of any permanent local records and such 34 records shall be amended accordingly. 35 -23- LSB 2258HC (1) 89 lh/ns 23/ 159
H.F. _____ Sec. 74. Section 144.50, Code 2021, is amended to read as 1 follows: 2 144.50 Length of time records to be kept. 3 Records maintained under sections 144.47 to through 144.49 4 shall be retained for a period of not less than ten years and 5 shall be made available for inspection by the state registrar 6 or the state registrar’s representative upon demand. 7 Sec. 75. Section 144.56, subsection 2, Code 2021, is amended 8 to read as follows: 9 2. This section does not apply to any death investigated 10 under the authority of sections 331.802 to through 331.804 . 11 Sec. 76. Section 144F.2, subsection 1, paragraph b, Code 12 2021, is amended to read as follows: 13 b. A legal representative who is an agent under a durable 14 power of attorney for health care pursuant to chapter 144B 15 shall be given the opportunity to designate a lay caregiver 16 in lieu of the patient’s designation of a lay caregiver only 17 if, consistent with chapter 144B , in the judgment of the 18 attending physician, the patient is unable to make the health 19 care decision. A legal representative who is a guardian shall 20 be given the opportunity to designate a lay caregiver in lieu 21 of the patient’s designation of a lay caregiver to the extent 22 consistent with the powers and duties granted the guardian 23 pursuant to sections 232D.401 and 232D.402 or section 633.635 . 24 Sec. 77. Section 144F.6, Code 2021, is amended to read as 25 follows: 26 144F.6 Construction of chapter relative to other health care 27 directives. 28 Nothing in this chapter shall be construed to interfere with 29 the authority or responsibilities of an agent operating under 30 a valid durable power of attorney for health care pursuant to 31 chapter 144B or of the powers and duties granted to a guardian 32 pursuant to section 232D.401 , 232D.402, or 633.635 . 33 Sec. 78. Section 145A.7, Code 2021, is amended to read as 34 follows: 35 -24- LSB 2258HC (1) 89 lh/ns 24/ 159
H.F. _____ 145A.7 Special election. 1 When a protesting petition is received, the officials 2 receiving the petition shall call a special election of all 3 registered voters of that political subdivision upon the 4 question of approving or rejecting the order setting out the 5 proposed merger plan. The election shall be held on a date 6 specified in section 39.2, subsection 4 , paragraph “a” or “b” , 7 as applicable. The vote will be taken by ballot in the form 8 provided by sections 49.43 to through 49.47 , and the election 9 shall be initiated and held as provided in chapter 49 . A 10 majority vote of those registered voters voting at the special 11 election shall be sufficient to approve the order and thus 12 include the political subdivision within the merged area. 13 Sec. 79. Section 148C.4, subsection 1, Code 2021, is amended 14 to read as follows: 15 1. A physician assistant may provide any legal medical 16 service for which the physician assistant has been prepared by 17 the physician assistant’s education, training, or experience 18 and is competent to perform. For the purposes of this section , 19 “legal medical service for which the physician assistant has 20 been prepared by the physician assistant’s education, training, 21 or experience and is competent to perform” includes but is 22 not limited to making a pronouncement of death for a patient 23 whose death is anticipated if the death occurs in a licensed 24 hospital, a licensed health care facility, a correctional 25 institution listed in section 904.102 , a Medicare-certified 26 home health agency, or a Medicare-certified hospice program or 27 facility. 28 Sec. 80. Section 148C.5, subsection 3, Code 2021, is amended 29 to read as follows: 30 3. The board shall not amend or rescind any of the following 31 rules unless, prior to the submission of such an amendment or 32 rescission to the administrative rules coordinator, the board 33 consults with and receives approval from the board of medicine 34 to make such a submission: 35 -25- LSB 2258HC (1) 89 lh/ns 25/ 159
H.F. _____ a. 645 IAC 326.1 regarding the following terms: 1 (1) “Physician”. 2 (2) “Physician assistant”. 3 (3) “Supervising physician”. 4 (4) “Supervision”. 5 b. 645 IAC 326.2(1)(f) . 6 c. 645 IAC 326.4(6) . 7 d. 645 IAC 326.8 . 8 e. 645 IAC 326.19(3)(b)(3) . 9 f. 645 IAC 327.1(1)(s)(1) (4) . 10 g. 645 IAC 327.1(1)(u) . 11 h. e. 645 IAC 327.1(1) (z) (v) . 12 i. f. 645 IAC 327.4(1)(b)(2) (4) . 13 j. g. 645 IAC 327.4(2) . 14 k. 645 IAC 327.6(1)(d) . 15 Sec. 81. Section 152.10, subsection 1, Code 2021, is amended 16 to read as follows: 17 1. Notwithstanding sections 147.87 to through 147.89 , the 18 board may restrict, suspend, or revoke a license to practice 19 nursing or place the licensee on probation. The board may also 20 prescribe by rule conditions of license reinstatement. The 21 board shall prescribe adopt rules of procedure by which to 22 restrict, suspend, or revoke a license. These procedures shall 23 conform to the provisions of chapter 17A . 24 Sec. 82. Section 153.15, Code 2021, is amended to read as 25 follows: 26 153.15 Dental hygienists —— scope of term. 27 1. A licensed dental hygienist may perform those services 28 which are educational, therapeutic, and preventive in nature 29 which attain or maintain optimal oral health as determined by 30 the board and . Services may include but are not necessarily 31 limited to complete the following: 32 a. Complete oral prophylaxis , application . 33 b. Application of preventive agents to oral structures , 34 exposure . 35 -26- LSB 2258HC (1) 89 lh/ns 26/ 159
H.F. _____ c. Exposure and processing of radiographs , administration . 1 d. Administration of medicaments prescribed by a licensed 2 dentist , obtaining . 3 e. Obtaining and preparing nonsurgical, clinical and 4 oral diagnostic tests for interpretation by the dentist , and 5 preparation . 6 f. Preparation of preliminary written records of oral 7 conditions for interpretation by the dentist. 8 2. Such services, except educational services, shall be 9 performed under supervision of a licensed dentist but nothing 10 herein in this section shall be construed to authorize a dental 11 hygienist to practice dentistry. 12 3. Educational services shall be limited to assessing the 13 following: 14 a. Assessing the need for, planning, implementing, and 15 evaluating oral health education programs for individual 16 patients and community groups ; and conducting . 17 b. Conducting workshops and in-service training sessions 18 on dental health for nurses, school personnel, institutional 19 staff, community groups, and other agencies providing 20 consultation and technical assistance for promotional, 21 preventive, and educational services. 22 Sec. 83. Section 153.17, unnumbered paragraph 1, Code 2021, 23 is amended to read as follows: 24 Except as herein otherwise provided in this chapter , it 25 shall be unlawful for any person to practice dentistry or 26 dental surgery or dental hygiene in this state, other than: 27 Sec. 84. Section 153.33, subsection 3, paragraphs b, d, e, 28 and f, Code 2021, are amended to read as follows: 29 b. If the board shall deem finds the charges sufficient, 30 if true, to warrant suspension or revocation of license or 31 registration, it the board shall make issue an order fixing 32 the a time and place for hearing thereon and requiring the 33 licensee or registrant to appear and answer thereto, such to 34 the charges. The order, together with a copy of the charges 35 -27- LSB 2258HC (1) 89 lh/ns 27/ 159
H.F. _____ so made to , shall be served upon the accused at least twenty 1 days before the date fixed for hearing, either personally or 2 by certified or registered mail, sent to the licensee’s or 3 registrant’s last known post office address as shown by the 4 records of the board. 5 d. In all such investigations and hearings pertaining to 6 the suspension or revocation of licenses or registrations, the 7 board and any person affected thereby may have the benefit 8 of counsel , and upon . Upon the request of the licensee or 9 registrant or the licensee’s or registrant’s counsel , the board 10 shall issue subpoenas for the attendance of such witnesses in 11 behalf of the licensee or registrant , which . The subpoenas 12 when issued shall be delivered to the licensee or registrant 13 or the licensee’s or registrant’s counsel. Such subpoenas for 14 the attendance of witnesses shall be effective if served upon 15 the person named therein in the subpoena anywhere within this 16 state, provided that , at the time of such service , the fees 17 now or hereafter provided by law for attendance of witnesses 18 in civil cases in district court shall be are paid or tendered 19 to such the person. 20 e. In case of disobedience of a subpoena lawfully served 21 hereunder under this subsection , the board or any party to such 22 hearing aggrieved thereby may invoke the aid of the district 23 court in the county where such the hearing is being conducted 24 to require the attendance and testimony of such witnesses. 25 Such The district court of the county within which the hearing 26 is being conducted may, in case of contumacy or refusal to obey 27 such the subpoena, issue an order requiring such the person 28 to appear before said the board, and , if so ordered , to give 29 evidence touching the matter involved in the hearing. Any 30 failure to obey such order of the court may be punished by such 31 the court as a contempt thereof . 32 f. If the licensee or registrant pleads guilty, or after 33 hearing shall be is found guilty by the board of any of the 34 charges made, it the board may suspend for a limited period 35 -28- LSB 2258HC (1) 89 lh/ns 28/ 159
H.F. _____ or revoke the license or registration, and the last renewal 1 thereof of the license or registration , and shall enter the 2 order on its records and . The board shall notify the accused 3 of the revocation or suspension of the person’s license or 4 registration, as the case may be, who and the person shall 5 thereupon forthwith immediately surrender that license or 6 registration to the board. Any such person whose license 7 or registration has been so revoked or suspended shall not 8 thereafter and while such revocation or suspension is in force 9 and effect practice dentistry, dental hygiene, or dental 10 assisting within this state while the revocation or suspension 11 is in force and effect . 12 Sec. 85. Section 153.33, subsection 5, paragraph d, Code 13 2021, is amended to read as follows: 14 d. This section subsection shall not prohibit the board from 15 imposing discipline on a licensee, registrant, or trainee for 16 willful or repeated violations. 17 Sec. 86. Section 154.1, subsection 3, paragraph a, Code 18 2021, is amended to read as follows: 19 a. An optometrist licensed under this chapter may employ 20 all diagnostic and therapeutic pharmaceutical agents for the 21 purpose of diagnosis and treatment of conditions of the human 22 eye and adnexa pursuant to this subsection , and notwithstanding 23 section 147.107 , may without charge supply any of the above 24 pharmaceuticals diagnostic and therapeutic pharmaceutical 25 agents to commence a course of therapy. A licensed optometrist 26 may perform minor surgical procedures and use medications 27 for the diagnosis and treatment of diseases, disorders, and 28 conditions of the eye and adnexa. A license to practice 29 optometry under this chapter does not authorize the performance 30 of surgical procedures which require the use of injectable 31 or general anesthesia, moderate sedation, penetration of the 32 globe, or the use of ophthalmic lasers for the purpose of 33 ophthalmic surgery within or upon the globe. The removal of 34 pterygia and Salzmann’s nodules, incisional corneal refractive 35 -29- LSB 2258HC (1) 89 lh/ns 29/ 159
H.F. _____ surgery, and strabismus surgery are prohibited. 1 Sec. 87. Section 154.2, subsection 1, Code 2021, is amended 2 to read as follows: 3 1. Merchants or dealers who sell glasses as merchandise in 4 an established place of business and who do not profess to be 5 optometrists or practice optometry as herein defined described 6 in this chapter . 7 Sec. 88. Section 161A.48, subsection 3, Code 2021, is 8 amended to read as follows: 9 3. Upon receiving evidence of the submission of an 10 application, the commissioners shall forward to the officer or 11 agency to which the application was made a written request to 12 receive notification of the disposition of the application. 13 When notified of the approval of the application, the 14 commissioners shall issue to the same parties who received the 15 original administrative order, or their successors in interest, 16 a supplementary order, to be delivered in the same manner as 17 provided by sections 161A.43 to 161A.53 through 161A.47, this 18 section, and sections 161A.49 through 161A.51 for delivery of 19 original administrative orders. The supplementary order shall 20 state a time, not more than six months after approval of the 21 application for public cost-sharing funds, by which the work 22 needed to comply with the original administrative order shall 23 actually be commenced, and a time thereafter when the work is 24 to be satisfactorily completed. If feasible, that time shall 25 be within one year after the date of the supplementary order, 26 but the owner of land on which a soil and water conservation 27 practice is being established under this section is not 28 required to incur a cost for the practice in any one calendar 29 year which exceeds ten dollars per acre for each acre of land 30 belonging to that owner and located in the county containing 31 the land on which the required practice is being established or 32 in counties contiguous to that county. 33 Sec. 89. Section 177A.19, subsection 4, Code 2021, is 34 amended to read as follows: 35 -30- LSB 2258HC (1) 89 lh/ns 30/ 159
H.F. _____ 4. The procedures provided in section 177A.17 and all other 1 applicable provisions of sections 177A.5 to through 177A.18 2 shall govern and apply to the enforcement of this section . 3 Sec. 90. Section 189.17, Code 2021, is amended to read as 4 follows: 5 189.17 Confiscation or condemnation. 6 Unless a procedure or method of seizure and confiscation 7 or condemnation is otherwise provided, the secretary is 8 hereby authorized to prohibit the entrance into channels of 9 commerce or possession of any article found to be adulterated 10 or improperly labeled according to the provisions of this 11 subchapter or rules established hereunder adopted pursuant 12 to this subchapter . Any articles found in channels of 13 commerce or in possession by an inspector which are not in 14 compliance with the adulteration or labeling provisions of 15 this subchapter shall be subject to immediate seizure by the 16 department. Seized articles shall be condemned unless of 17 such character that the articles can be made to conform with 18 the provisions of this subchapter by methods approved by the 19 secretary. Condemned articles shall be effectively destroyed 20 for the purpose for which they were intended by the owner of 21 the article, or the owner’s agent, under the supervision of an 22 inspector in such manner as the secretary may prescribe. 23 Sec. 91. Section 190B.101, Code 2021, is amended to read as 24 follows: 25 190B.101 Definitions. 26 As used in this chapter subchapter , unless the context 27 otherwise requires: 28 1. “Department” means the department of revenue. 29 2. “Tax credit” means the from farm to food donation tax 30 credit as established in this chapter subchapter . 31 Sec. 92. Section 190B.102, Code 2021, is amended to read as 32 follows: 33 190B.102 Department of revenue —— cooperation with other 34 departments. 35 -31- LSB 2258HC (1) 89 lh/ns 31/ 159
H.F. _____ 1. This chapter subchapter shall be administered by the 1 department of revenue. 2 2. The department shall adopt all rules necessary to 3 administer this chapter subchapter . 4 3. The department of agriculture and land stewardship, the 5 department of public health, the department of human services, 6 and the department of inspections and appeals shall cooperate 7 with the department of revenue to administer this chapter 8 subchapter . 9 Sec. 93. Section 190B.103, Code 2021, is amended to read as 10 follows: 11 190B.103 From farm to food donation tax credit. 12 A from farm to food donation tax credit is allowed against 13 the taxes imposed in chapter 422, subchapters II and III , as 14 provided in this chapter subchapter . 15 Sec. 94. Section 196.10, Code 2021, is amended to read as 16 follows: 17 196.10 Labeling. 18 Sections 189.9 to through 189.12 shall apply to the labeling 19 of packaged eggs which have been candled and graded if not 20 inconsistent with the provisions of this chapter . All cases 21 of loose packed eggs sold in this state shall identify the egg 22 handler’s name or license number or United States department of 23 agriculture plant number, and the grade of the eggs contained 24 in the case. Each carton containing eggs for retail sale in 25 Iowa which have been candled and graded shall be marked with 26 the grade and size of the eggs contained, the date they were 27 packed, and the name and address of the distributor or packer. 28 Sec. 95. Section 200.8, subsection 2, paragraph a, Code 29 2021, is amended to read as follows: 30 a. File not later than the last day of January and July of 31 each year, on forms furnished by the secretary, a semiannual 32 statement setting forth the number of net tons of commercial 33 fertilizer or soil conditioners distributed in this state 34 by grade for each county during the preceding six months’ 35 -32- LSB 2258HC (1) 89 lh/ns 32/ 159
H.F. _____ six-month period; and upon filing such statement shall pay 1 the inspection fee at the rate stated in subsection 1 of this 2 section . However, in lieu of the semiannual statement by grade 3 for each county, as hereinabove provided for, the registrant, 4 on individual packages of specialty fertilizer containing 5 twenty-five pounds or less, the registrant shall file not later 6 than the last day of July of each year, on forms furnished by 7 the secretary, an annual statement setting forth the number of 8 net tons of specialty fertilizer distributed in this state by 9 grade during the preceding twelve-month period. 10 Sec. 96. Section 200.16, Code 2021, is amended to read as 11 follows: 12 200.16 “Stop sale” orders. 13 The secretary may issue and enforce a written or printed 14 “stop sale, use or removal” order to the owner or custodian of 15 any lot of commercial fertilizer or soil conditioner, and to 16 hold at a designated place when if the secretary finds said 17 the commercial fertilizer or soil conditioner is being offered 18 or exposed for sale in violation of any of the provisions of 19 this chapter or any of the rules and regulations promulgated 20 hereunder under this chapter. The secretary may hold the 21 commercial fertilizer or soil conditioner at a designated place 22 until the law has been complied with and said the commercial 23 fertilizer or soil conditioner is released in writing by the 24 secretary , or said the violation has been otherwise legally 25 disposed of by written authority, and all costs and expenses 26 incurred in connection with the withdrawal have been paid. 27 Sec. 97. Section 200.18, subsections 1 and 6, Code 2021, are 28 amended to read as follows: 29 1. If it shall appear from the examination of any 30 commercial fertilizer or soil conditioner or any anhydrous 31 ammonia installation, equipment, or operation that any of 32 the provisions of this chapter or the rules and regulations 33 issued thereunder under this chapter have been violated, the 34 secretary shall cause notice of the violations to be given to 35 -33- LSB 2258HC (1) 89 lh/ns 33/ 159
H.F. _____ the registrant, distributor, or possessor from whom said sample 1 was taken; any person so notified shall be given opportunity to 2 be heard under such rules and regulations as may be prescribed 3 by the secretary. If it appears after such hearing, either in 4 the presence or absence of the person so notified, that any of 5 the provisions of this chapter or rules and regulations issued 6 thereunder under this chapter have been violated, the secretary 7 may certify the facts to the proper prosecuting attorney. 8 6. The secretary is hereby authorized to apply for and the 9 court to grant a temporary or permanent injunction restraining 10 any person from violating or continuing to violate any of 11 the provisions of this chapter or any rule or regulation 12 promulgated under the this chapter notwithstanding the 13 existence of other remedies at law, said injunction to be 14 issued without bond. 15 Sec. 98. Section 204.8, subsection 1, paragraph c, Code 16 2021, is amended to read as follows: 17 c. The department shall provide the department of public 18 safety any official test results that indicate a sample exceeds 19 the has a maximum concentration of delta-9 tetrahydrocannabinol 20 in excess of two percent on a dry weight basis. 21 Sec. 99. Section 205.8, unnumbered paragraph 1, Code 2021, 22 is amended to read as follows: 23 Nothing in sections 205.5 to through 205.7 shall apply: 24 Sec. 100. Section 208A.4, Code 2021, is amended to read as 25 follows: 26 208A.4 Inspection by department. 27 1. Before any antifreeze shall be is sold, exposed for 28 sale, or held with intent to sell within this state, a sample 29 thereof of the product must be inspected by the department of 30 agriculture and land stewardship. Upon application of the 31 manufacturer, packer, seller , or distributor and the payment of 32 a fee of twenty dollars for each brand of antifreeze submitted, 33 the department shall inspect the antifreeze submitted. If the 34 antifreeze is not adulterated or misbranded, if it meets the 35 -34- LSB 2258HC (1) 89 lh/ns 34/ 159
H.F. _____ standards of the department, and is not in violation of this 1 chapter , the department shall give the applicant a written 2 permit authorizing the sale of such antifreeze in this state 3 until the formula or labeling of the antifreeze is changed in 4 any manner. 5 2. If the department shall finds at a later date find that 6 the product to be sold, exposed for sale , or held with intent 7 to sell has been materially altered or adulterated, a change 8 has been made in the name, brand , or trademark under which 9 the antifreeze is sold, or it violates the provisions of this 10 chapter , the department shall notify the applicant and the 11 permit shall be canceled forthwith. 12 Sec. 101. Section 210.8, Code 2021, is amended to read as 13 follows: 14 210.8 Sales of dry commodities. 15 All dry commodities unless bought or sold in package or 16 wrapped form shall be bought or sold only by the standard 17 weight or measure herein established in this chapter , or by 18 numerical count, unless the parties otherwise agree in writing, 19 except as provided in sections 210.9 to through 210.12 . 20 Sec. 102. Section 210.18, Code 2021, is amended to read as 21 follows: 22 210.18 Sales to be by standard weight or measure —— labeling. 23 1. All commodities bought or sold by weight or measure shall 24 be bought or sold only by the standards established by this 25 chapter , unless the vendor and vendee otherwise agree. Sales 26 by weight shall be by avoirdupois weight unless troy weight is 27 agreed upon by the vendor and vendee. 28 2. All commodities bought or sold in package form shall be 29 labeled in compliance with the general provisions for labeling 30 provided for in sections section 189.9 to and sections 189.11 31 through 189.16, unless otherwise provided for in this chapter . 32 Sec. 103. Section 210.21, Code 2021, is amended to read as 33 follows: 34 210.21 Violations. 35 -35- LSB 2258HC (1) 89 lh/ns 35/ 159
H.F. _____ It shall be unlawful for any person to manufacture, procure, 1 or keep for the purpose of sale, offer or expose for sale, or 2 sell bread in the form of loaves which are not of one of the 3 weights specified in section 210.19 or violate the rules of the 4 secretary of agriculture pertaining thereto. Any person who, 5 in person or by a servant, or agent, or as the servant or agent 6 of another, shall violate any of the provisions of sections 7 210.19 to , 210.20, this section, and sections 210.22 through 8 210.25, shall be guilty of a simple misdemeanor. 9 Sec. 104. Section 210.23, Code 2021, is amended to read as 10 follows: 11 210.23 Exception. 12 Any person engaged in home baking is exempt from the 13 provisions of sections 210.19 to through 210.22 . 14 Sec. 105. Section 210.24, Code 2021, is amended to read as 15 follows: 16 210.24 Enforcement —— rules and regulations. 17 The secretary of agriculture shall enforce the provisions of 18 sections 210.19 to through 210.23, this section, and section 19 210.25. The secretary shall make rules for the enforcement of 20 the provisions of said sections not inconsistent therewith, and 21 such rules and regulations shall include reasonable variations 22 and tolerances. 23 Sec. 106. Section 217.3, subsection 5, Code 2021, is amended 24 to read as follows: 25 5. Insure that all programs administered or services 26 rendered by the department directly to any citizen or 27 through a local board of welfare agency to any citizen are 28 coordinated and integrated so that any citizen does not receive 29 a duplication of services from various departments or local 30 agencies that could be rendered by one department or local 31 agency. If the council finds that such is not the case, it 32 shall hear and determine which department or local agency shall 33 provide the needed service or services and enter an order of 34 their determination by resolution of the council which must be 35 -36- LSB 2258HC (1) 89 lh/ns 36/ 159
H.F. _____ concurred in by at least a majority of the members. Thereafter 1 such order or resolution of the council shall be obeyed by all 2 state departments and local agencies to which it is directed. 3 Sec. 107. Section 218.31, Code 2021, is amended to read as 4 follows: 5 218.31 Witnesses. 6 In aid of any investigation the administrator shall have 7 the power to summon and compel the attendance of witnesses; to 8 examine the same witnesses under oath, which the administrator 9 shall have power to administer; to have access to all books, 10 papers, and property material to such investigation, and to 11 order the production of any other books or papers material 12 thereto to the investigation . Witnesses other than those in 13 the employ of the state shall be entitled to the same fees as in 14 civil cases in the district court. 15 Sec. 108. Section 218.43, Code 2021, is amended to read as 16 follows: 17 218.43 Deduction to pay court costs. 18 If such wage be wages are paid to a resident pursuant 19 to section 218.42 , the administrator in control of such an 20 institution listed in section 218.1 may deduct therefrom from 21 the wages an amount sufficient to pay all or a part of the 22 costs taxed to such the resident by reason of the resident’s 23 commitment to said the institution. In such case the amount so 24 deducted shall be forwarded to the clerk of the district court 25 or proper official. 26 Sec. 109. Section 218.44, Code 2021, is amended to read as 27 follows: 28 218.44 Wages paid to dependent —— deposits. 29 If such wage be wages are paid to a resident pursuant 30 to section 218.42 , the administrator in control of such an 31 institution listed in section 218.1 may pay all or any part of 32 the same wages directly to any dependent of such the resident , 33 or . The administrator may also deposit such wage the wages to 34 the account of such resident, or may so deposit part thereof of 35 -37- LSB 2258HC (1) 89 lh/ns 37/ 159
H.F. _____ the wages and allow the resident a portion for the resident’s 1 own personal use, or may pay to the county of commitment all 2 or any part of the resident’s care, treatment , or subsistence 3 while at said institution from any credit balance accruing to 4 the account of said the resident. 5 Sec. 110. Section 218.92, Code 2021, is amended to read as 6 follows: 7 218.92 Patients with dangerous mental disturbances. 8 When a patient in a state resource center for persons with an 9 intellectual disability, a state mental health institute, or 10 another institution under the administration of the department 11 of human services has become so mentally disturbed as to 12 constitute a danger to self, to other patients or staff of 13 the institution, or to the public, and the institution cannot 14 provide adequate security, the administrator in charge of 15 the institution, with the consent of the director of the 16 Iowa department of corrections, may order the patient to be 17 transferred to the Iowa medical and classification center, if 18 the superintendent of the institution from which the patient 19 is to be transferred, with the support of a majority of the 20 medical staff, recommends the transfer in the interest of 21 the patient, other patients, or the public. If the patient 22 transferred was hospitalized pursuant to sections 229.6 to 23 through 229.15 , the transfer shall be promptly reported to 24 the court that ordered the hospitalization of the patient, as 25 required by section 229.15, subsection 5 . The Iowa medical 26 and classification center has the same rights, duties, and 27 responsibilities with respect to the patient as the institution 28 from which the patient was transferred had while the patient 29 was hospitalized in the institution. The cost of the transfer 30 shall be paid from the funds of the institution from which the 31 transfer is made. 32 Sec. 111. Section 218.100, Code 2021, is amended to read as 33 follows: 34 218.100 Central warehouse and supply depot. 35 -38- LSB 2258HC (1) 89 lh/ns 38/ 159
H.F. _____ The department of human services shall establish a fund for 1 maintaining and operating a central warehouse as a supply depot 2 and distribution facility for surplus government products, 3 carload canned goods, paper products, other staples, and such 4 other items as determined by the department. The fund shall be 5 permanent and shall be composed of the receipts from the sales 6 of merchandise, recovery of handling, operating and delivery 7 charges of such merchandise, and from the funds contributed by 8 the institutions now in a contingent fund being used for this 9 purpose. All claims for purchases of merchandise, operating, 10 and salary expenses shall be subject to the provisions of 11 sections 218.86 to , 218.87, and 218.88. 12 Sec. 112. Section 222.1, subsection 3, Code 2021, is amended 13 to read as follows: 14 3. A special intellectual disability unit may be maintained 15 at one of the state mental health institutes for the purposes 16 set forth in sections 222.88 to through 222.91 . 17 Sec. 113. Section 222.2, subsection 7, Code 2021, is amended 18 to read as follows: 19 7. “Special unit” means a special intellectual disability 20 unit established at a state mental health institute pursuant to 21 sections 222.88 to through 222.91 . 22 Sec. 114. Section 225.15, subsection 1, Code 2021, is 23 amended to read as follows: 24 1. When a respondent arrives at the state psychiatric 25 hospital, the admitting physician shall examine the respondent 26 and determine whether or not, in the physician’s judgment, the 27 respondent is a fit subject for observation, treatment, and 28 hospital care. If, upon examination, the physician decides 29 that the respondent should be admitted to the hospital, the 30 respondent shall be provided a proper bed in the hospital. The 31 physician who has charge of the respondent shall proceed with 32 observation, medical treatment, and hospital care as in the 33 physician’s judgment are proper and necessary, in compliance 34 with sections 229.13 to , 229.14, this section, and section 35 -39- LSB 2258HC (1) 89 lh/ns 39/ 159
H.F. _____ 229.16. After the respondent’s admission, the observation, 1 medical treatment, and hospital care of the respondent may be 2 provided by a mental health professional, as defined in section 3 228.1 , who is licensed as a physician, advanced registered 4 nurse practitioner, or physician assistant. 5 Sec. 115. Section 225.17, subsection 2, Code 2021, is 6 amended to read as follows: 7 2. When the respondent arrives at the hospital, the 8 respondent shall receive the same treatment as is provided for 9 committed public patients in section 225.15 , in compliance 10 with sections 229.13 to through 229.16 . However, observation, 11 treatment, and hospital care under this section of a respondent 12 whose expenses are payable in whole or in part by a county 13 shall only be provided as determined through the regional 14 administrator for the respondent’s county of residence. 15 Sec. 116. Section 227.2, subsection 1, paragraph g, Code 16 2021, is amended to read as follows: 17 g. Any failure to comply with standards adopted under 18 section 227.4 for care of persons with mental illness and 19 persons with an intellectual disability in county care 20 facilities, which is not covered in information submitted 21 pursuant to paragraphs “a” to through “f” , and any other matters 22 which the director of public health, in consultation with the 23 administrator of the division, may require. 24 Sec. 117. Section 227.10, Code 2021, is amended to read as 25 follows: 26 227.10 Transfers from county or private institutions. 27 Patients who have been admitted at public expense to 28 any institution to which this chapter is applicable may be 29 involuntarily transferred to the proper state hospital for 30 persons with mental illness in the manner prescribed by 31 sections 229.6 to through 229.13 . The application required by 32 section 229.6 may be filed by the administrator of the division 33 or the administrator’s designee, or by the administrator of 34 the institution where the patient is then being maintained 35 -40- LSB 2258HC (1) 89 lh/ns 40/ 159
H.F. _____ or treated. If the patient was admitted to that institution 1 involuntarily, the administrator of the division may arrange 2 and complete the transfer, and shall report it as required of 3 a chief medical officer under section 229.15, subsection 5 . 4 The transfer shall be made at the mental health and disability 5 services region’s expense, and the expense recovered, as 6 provided in section 227.7 . However, transfer under this 7 section of a patient whose expenses are payable in whole or 8 in part by the mental health and disability services region 9 is subject to an authorization for the transfer through the 10 regional administrator for the patient’s county of residence. 11 Sec. 118. Section 227.15, Code 2021, is amended to read as 12 follows: 13 227.15 Authority to confine in hospital. 14 No person shall be involuntarily confined and restrained 15 in any private institution or hospital or county hospital or 16 other general hospital with a psychiatric ward for the care 17 or treatment of persons with mental illness, except by the 18 procedure prescribed in sections 229.6 to through 229.15 . 19 Sec. 119. Section 229.17, Code 2021, is amended to read as 20 follows: 21 229.17 Status of respondent during appeal. 22 If a respondent appeals to the supreme court from a finding 23 that the contention the respondent is seriously mentally 24 impaired has been sustained, and the respondent was previously 25 ordered taken into immediate custody under section 229.11 26 or has been hospitalized for psychiatric evaluation and 27 appropriate treatment under section 229.13 before the court 28 is informed of intent to appeal its finding, the respondent 29 shall remain in custody as previously ordered by the court, the 30 time limit stated in section 229.11 notwithstanding, or shall 31 remain in the hospital subject to compliance by the hospital 32 with sections 229.13 to through 229.16 , as the case may be, 33 unless the supreme court orders otherwise. If a respondent 34 appeals to the supreme court regarding a placement order, the 35 -41- LSB 2258HC (1) 89 lh/ns 41/ 159
H.F. _____ respondent shall remain in placement unless the supreme court 1 orders otherwise. 2 Sec. 120. Section 229.19, subsection 1, paragraph c, Code 3 2021, is amended to read as follows: 4 c. The advocate’s responsibility with respect to any patient 5 shall begin at whatever time the attorney employed or appointed 6 to represent that patient as respondent in hospitalization 7 proceedings, conducted under sections 229.6 to through 229.13 , 8 reports to the court that the attorney’s services are no longer 9 required and requests the court’s approval to withdraw as 10 counsel for that patient. However, if the patient is found to 11 be seriously mentally impaired at the hospitalization hearing, 12 the attorney representing the patient shall automatically be 13 relieved of responsibility in the case and an advocate shall 14 be assigned to the patient at the conclusion of the hearing 15 unless the attorney indicates an intent to continue the 16 attorney’s services and the court so directs. If the court 17 directs the attorney to remain on the case, the attorney shall 18 assume all the duties of an advocate. The clerk shall furnish 19 the advocate with a copy of the court’s order approving the 20 withdrawal and shall inform the patient of the name of the 21 patient’s advocate. 22 Sec. 121. Section 229.21, subsection 2, Code 2021, is 23 amended to read as follows: 24 2. When an application for involuntary hospitalization 25 under section 229.6 or for involuntary commitment or treatment 26 of persons with substance-related disorders under section 27 125.75 is filed with the clerk of the district court in any 28 county for which a judicial hospitalization referee has been 29 appointed, and no district judge, district associate judge, or 30 magistrate who is admitted to the practice of law in this state 31 is accessible, the clerk shall immediately notify the referee 32 in the manner required by section 229.7 or section 125.77 . 33 The referee shall discharge all of the duties imposed upon 34 the court by sections 229.7 to through 229.19, this section, 35 -42- LSB 2258HC (1) 89 lh/ns 42/ 159
H.F. _____ and section 229.22 or sections 125.75 to through 125.94 in 1 the proceeding so initiated. Subject to the provisions of 2 subsection 4 , orders issued by a referee, in discharge of 3 duties imposed under this section , shall have the same force 4 and effect as if ordered by a district judge. However, any 5 commitment to a facility regulated and operated under chapter 6 135C shall be in accordance with section 135C.23 . 7 Sec. 122. Section 229.22, subsection 4, Code 2021, is 8 amended to read as follows: 9 4. The cost of hospitalization at a public hospital of 10 a person detained temporarily by the procedure prescribed in 11 this section shall be paid in the same way as if the person had 12 been admitted to the hospital by the procedure prescribed in 13 sections 229.6 to through 229.13 . 14 Sec. 123. Section 229.24, subsection 2, Code 2021, is 15 amended to read as follows: 16 2. If authorized in writing by a person who has been the 17 subject of any proceeding or report under sections 229.6 to 18 through 229.13 or section 229.22 , or by the parent or guardian 19 of that person, information regarding that person which 20 is confidential under subsection 1 may be released to any 21 designated person. 22 Sec. 124. Section 232.9, Code 2021, is amended to read as 23 follows: 24 232.9 Motion for change of judge. 25 Prior to a hearing pursuant to sections 232.44 to through 26 232.47 , 232.50 , or 232.54 , the child may file a motion with the 27 district court for the appointment of a new judge. The chief 28 judge of the district court for cause shown shall appoint a new 29 judge. 30 Sec. 125. Section 232.11, subsection 2, Code 2021, is 31 amended to read as follows: 32 2. The child’s right to be represented by counsel under 33 subsection 1 , paragraphs “b” to through “f” , of this section 34 shall not be waived by a child of any age. The child’s right 35 -43- LSB 2258HC (1) 89 lh/ns 43/ 159
H.F. _____ to be represented by counsel under subsection 1 , paragraph “a” , 1 shall not be waived by a child less than sixteen years of age 2 without the written consent of the child’s parent, guardian, 3 or custodian. The waiver by a child who is at least sixteen 4 years of age is valid only if a good faith effort has been made 5 to notify the child’s parent, guardian, or custodian that the 6 child has been taken into custody and of the alleged delinquent 7 act for which the child has been taken into custody, the 8 location of the child, and the right of the parent, guardian, 9 or custodian to visit and confer with the child. 10 Sec. 126. Section 232.72, subsection 3, Code 2021, is 11 amended to read as follows: 12 3. If the child’s home is located in a county not served by 13 the office receiving the report, the department shall promptly 14 transfer the matter by transmitting a copy of the report of 15 injury and any other pertinent information to the office and 16 the county attorney serving the other county. They The office 17 and the county attorney shall promptly proceed as provided in 18 section 232.71B . 19 Sec. 127. Section 232.127, subsection 9, Code 2021, is 20 amended to read as follows: 21 9. A child found in contempt of court because of violation 22 of conditions imposed under this section shall not be 23 considered delinquent. Such a contempt may be punished by 24 imposition of a work assignment or assignments to benefit the 25 state or a governmental subdivision of the state. In addition 26 to or in lieu of such an assignment or assignments, the court 27 may impose one of the dispositions set out in sections 232.100 28 to through 232.102 . 29 Sec. 128. Section 232.142, subsection 2, Code 2021, is 30 amended to read as follows: 31 2. For the purpose of providing and maintaining a county or 32 multicounty home, the board of supervisors of any county may 33 issue general county purpose bonds in accordance with sections 34 331.441 to through 331.449 . Expenses for providing and 35 -44- LSB 2258HC (1) 89 lh/ns 44/ 159
H.F. _____ maintaining a multicounty home shall be paid by the counties 1 participating in a manner to be determined by the boards of 2 supervisors. 3 Sec. 129. Section 233A.11, Code 2021, is amended to read as 4 follows: 5 233A.11 County attorney to appear for child. 6 In case legal proceedings are necessary to enforce any 7 right conferred on any child by sections 233A.7 to through 8 233A.10 , inclusive, the county attorney of the county in which 9 such proceedings should be instituted shall, on request of the 10 superintendent, approved by the administrator, institute and 11 carry on, in the name of the superintendent, the proceedings in 12 behalf of the superintendent. 13 Sec. 130. Section 233A.15, Code 2021, is amended to read as 14 follows: 15 233A.15 Transfers to work in parks. 16 1. The administrator may detail children, classed as 17 trustworthy, from the state training school, to perform 18 services for the department of natural resources within the 19 state parks, state game and forest areas , and other lands under 20 the jurisdiction of the department of natural resources. The 21 department of natural resources shall provide permanent housing 22 and work guidance supervision, but the care and custody of 23 the children so detailed shall remain under employees of the 24 division of child and family services of the department of 25 human services. All such programs shall have as their primary 26 purpose and shall provide for inculcation or the activation of 27 attitudes, skills , and habit patterns which will be conducive 28 to the habilitation of the youths involved. 29 2. The administrator is hereby authorized to use 30 state-owned mobile housing equipment and facilities in 31 performing such services at temporary locations in the above 32 areas described in subsection 1 . 33 Sec. 131. Section 249.1, subsection 5, paragraph b, Code 34 2021, is amended to read as follows: 35 -45- LSB 2258HC (1) 89 lh/ns 45/ 159
H.F. _____ b. By the state of Iowa directly pursuant to sections 249.3 1 to through 249.5 . 2 Sec. 132. Section 252B.1, subsection 2, Code 2021, is 3 amended to read as follows: 4 2. “Child” includes but shall not be limited to a stepchild, 5 foster child , or legally adopted child and means a child 6 actually or apparently under eighteen years of age , and or a 7 dependent person eighteen years of age or over who is unable 8 to maintain the person’s self and is likely to become a public 9 charge. “Child” includes “child” as defined in section 239B.1 . 10 Sec. 133. Section 256.43, subsection 1, unnumbered 11 paragraph 1, Code 2021, is amended to read as follows: 12 The director , pursuant to section 256.9, subsection 55 , 13 shall establish an online learning program model that provides 14 for the following: 15 Sec. 134. Section 256.43, subsection 1, paragraph i, Code 16 2021, is amended to read as follows: 17 i. Criteria for school districts or schools to use when 18 choosing providers of online learning to meet the online 19 learning program requirements specified in rules adopted 20 pursuant to section 256.7, subsection 32 . 21 Sec. 135. Section 256B.6, subsection 1, Code 2021, is 22 amended to read as follows: 23 1. When the school district or area education agency 24 has provided special education services and programs as 25 provided herein in this chapter for any child requiring 26 special education, either by admission to a special class or 27 by supportive services, it shall be the duty of the parent or 28 guardian to enroll the child for instruction in such special 29 classes or supportive services as may be established, except in 30 the event a doctor’s certificate is filed with the secretary 31 of the school district showing that it is inadvisable for 32 medical reasons for the child requiring special education to 33 receive the special education provided; all the provisions and 34 conditions of chapter 299 shall be applicable to this section , 35 -46- LSB 2258HC (1) 89 lh/ns 46/ 159
H.F. _____ and any violations shall be punishable as provided in chapter 1 299 . 2 Sec. 136. Section 256B.9, subsection 6, Code 2021, is 3 amended to read as follows: 4 6. The division may conduct an evaluation of the special 5 education instructional program or special education support 6 services being provided by an area education agency, school 7 district, or private agency, pursuant to sections 273.1 to 8 through 273.9 and this chapter , to determine if the program or 9 service is adequate and proper to meet the needs of the child; 10 if the child is benefiting from the program or service; if 11 the costs are in proportion to the educational benefits being 12 received; and if there are any improvements that can be made 13 in the program or service. A written report of the evaluation 14 shall be sent to the area education agency, school district, 15 or private agency evaluated and to the president of the senate 16 and speaker of the house of representatives of the general 17 assembly. 18 Sec. 137. Section 257.22, Code 2021, is amended to read as 19 follows: 20 257.22 Statutes applicable. 21 The director of revenue shall administer the instructional 22 support income surtax imposed under this chapter , and sections 23 422.4 , 422.20 , sections 422.22 to through 422.31 , sections 24 422.68 , 422.70 , and sections 422.72 to through 422.75 shall 25 apply with respect to administration of the instructional 26 support income surtax. 27 Sec. 138. Section 257B.28, Code 2021, is amended to read as 28 follows: 29 257B.28 Statute of limitation. 30 Lapse of time is not a bar to action to recover a part of the 31 permanent school fund, and it does not prevent the introduction 32 of evidence in an action, except as provided in sections 614.29 33 to through 614.38 . 34 Sec. 139. Section 260C.39, subsections 1 and 3, Code 2021, 35 -47- LSB 2258HC (1) 89 lh/ns 47/ 159
H.F. _____ are amended to read as follows: 1 1. Any merged area may combine with any adjacent merged area 2 after a favorable vote by the electors of each of the areas 3 involved. If the boards of directors of two or more merged 4 areas agree to a combination, the question shall be submitted 5 to the electors of each area at an election held on a date 6 specified in section 39.2, subsection 4 , paragraph “c” , and held 7 on the same day in each area. Prior to the election, the board 8 of each merged area shall notify the county commissioner of 9 elections of the county in which the greatest proportion of the 10 merged area’s taxable base is located, who shall publish notice 11 of the election according to section 49.53 . The two respective 12 county commissioners of elections shall conduct the election 13 pursuant to the provisions of chapters 39 to through 53 . The 14 votes cast in the election shall be canvassed by the county 15 board of supervisors, and the county commissioner of elections 16 of each county in the merged areas shall certify the results to 17 the board of directors of each merged area. 18 3. The terms of employment of personnel, for the academic 19 year following the effective date of the agreement to combine 20 the merged areas shall not be affected by the combination of 21 the merged areas, except in accordance with the procedures 22 under sections 279.15 to , 279.16, 279.18 and section 279.24, 23 to the extent those procedures are applicable, or under the 24 terms of the base bargaining agreement. The authority and 25 responsibility to offer new contracts or to continue, modify, 26 or terminate existing contracts pursuant to any applicable 27 procedures under chapter 279 , shall be transferred to the 28 acting, and then to the new, board of the combined merged area 29 upon certification of a favorable vote to each of the merged 30 areas affected by the agreement. The collective bargaining 31 agreement of the merged area receiving the greatest amount of 32 general state aid shall serve as the base agreement for the 33 combined merged area and the employees of the merged areas 34 which combined to form the new combined merged area shall 35 -48- LSB 2258HC (1) 89 lh/ns 48/ 159
H.F. _____ automatically be accreted to the bargaining unit from that 1 former merged area for purposes of negotiating the contracts 2 for the following years without further action by the public 3 employment relations board. If only one collective bargaining 4 agreement is in effect among the merged areas which are 5 combining under this section , then that agreement shall serve 6 as the base agreement, and the employees of the merged areas 7 which are combining to form the new combined merged area shall 8 automatically be accreted to the bargaining unit of that former 9 merged area for purposes of negotiating the contracts for the 10 following years without further action by the public employment 11 relations board. The board of the combined merged area, using 12 the base agreement as its existing contract, shall bargain with 13 the combined employees of the merged areas that have agreed 14 to combine for the academic year beginning with the effective 15 date of the agreement to combine merged areas. The bargaining 16 shall be completed by March 15 prior to the academic year in 17 which the agreement to combine merged areas becomes effective 18 or within one hundred eighty days after the organization of 19 the acting board of the new combined merged area, whichever 20 is later. If a bargaining agreement was already concluded in 21 the former merged area which has the collective bargaining 22 agreement that is serving as the base agreement for the new 23 combined merged area, between the former merged area board 24 and the employees of the former merged area, that agreement 25 is void, unless the agreement contained multiyear provisions 26 affecting academic years subsequent to the effective date of 27 the agreement to form a combined merged area. If the base 28 collective bargaining agreement contains multiyear provisions, 29 the duration and effect of the agreement shall be controlled 30 by the terms of the agreement. The provisions of the base 31 agreement shall apply to the offering of new contracts, or 32 the continuation, modification, or termination of existing 33 contracts between the acting or new board of the combined 34 merged area and