House File 2465 - Reprinted HOUSE FILE 2465 BY COMMITTEE ON APPROPRIATIONS (SUCCESSOR TO HSB 674) (As Amended and Passed by the House April 10, 2012 ) A BILL FOR An Act relating to state and local finances by making 1 and adjusting appropriations, providing for legal 2 responsibilities, and providing for properly related 3 matters, and including effective date and retroactive and 4 other applicability provisions. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 HF 2465 (5) 84 tm/jp/md

H.F. 2465 DIVISION I 1 STANDING APPROPRIATIONS AND RELATED MATTERS 2 Section 1. GENERAL ASSEMBLY. The appropriations made 3 pursuant to section 2.12 for the expenses of the general 4 assembly and the legislative agencies for the fiscal year 5 beginning July 1, 2012, and ending June 30, 2013, are reduced 6 by the following amount: 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,150,000 8 Sec. 2. 2011 Iowa Acts, chapter 131, section 42, is amended 9 to read as follows: 10 SEC. 42. LIMITATION OF STANDING APPROPRIATIONS. 11 Notwithstanding the standing appropriations in the following 12 designated sections for the fiscal year beginning July 1, 2012, 13 and ending June 30, 2013, the amounts appropriated from the 14 general fund of the state pursuant to these sections for the 15 following designated purposes shall not exceed the following 16 amounts: 17 1. For operational support grants and community cultural 18 grants under section 99F.11, subsection 3 , paragraph “d”, 19 subparagraph (1): 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 208,351 21 374,615 22 2. For regional tourism marketing under section 99F.11, 23 subsection 3 , paragraph “d”, subparagraph (2): 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 405,153 25 728,465 26 3. For the center for congenital and inherited disorders 27 central registry under section 144.13A, subsection 4, paragraph 28 “a”: 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 85,560 30 4. For primary and secondary child abuse prevention 31 programs under section 144.13A, subsection 4 , paragraph “a”: 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 108,886 33 232,500 34 5. For programs for at-risk children under section 279.51 : 35 -1- HF 2465 (5) 84 tm/jp/md 1/ 22

H.F. 2465 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,364,446 1 9,645,273 2 The amount of any reduction in this subsection shall be 3 prorated among the programs specified in section 279.51, 4 subsection 1 , paragraphs “a”, “b”, and “c”. 5 6. For payment for nonpublic school transportation under 6 section 285.2 : 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7,060,931 8 If total approved claims for reimbursement for nonpublic 9 school pupil transportation exceed the amount appropriated in 10 accordance with this subsection, the department of education 11 shall prorate the amount of each approved claim. 12 7. For the enforcement of chapter 453D relating to tobacco 13 product manufacturers under section 453D.8 : 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 9,208 15 16,556 16 8. For the Iowa resources enhancement and protection fund 17 under section 455A.18: 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 12,000,000 19 DIVISION II 20 MISCELLANEOUS PROVISIONS AND APPROPRIATIONS 21 Sec. 3. TRANSFER OF MONEYS TO THE TAXPAYERS TRUST FUND 22 —— FY 2011-2012. Notwithstanding section 8.55, subsection 23 2, paragraph “a”, or any other provision to the contrary, 24 all moneys in excess of the maximum balance in the economic 25 emergency fund after the distribution of the surplus in the 26 general fund of the state at the conclusion of the fiscal year 27 beginning July 1, 2011, and ending June 30, 2012, shall be 28 transferred to the taxpayers trust fund created in section 29 8.57E. Except for temporary cash flow purposes, moneys in 30 the taxpayers trust fund shall only be used in accordance 31 with appropriations made for purposes of providing tax relief 32 for personal income tax reduction, homeowner property tax 33 reduction, or sales tax reduction. 34 Sec. 4. Section 97B.52A, subsection 1, paragraph c, 35 -2- HF 2465 (5) 84 tm/jp/md 2/ 22

H.F. 2465 subparagraph (2), subparagraph division (b), Code 2011, is 1 amended to read as follows: 2 (b) For a member whose first month of entitlement is July 3 2004 or later, but before July 2012 2014 , covered employment 4 does not include employment as a licensed health care 5 professional by a public hospital as defined in section 249J.3 , 6 with the exception of public hospitals governed pursuant to 7 chapter 226 . 8 Sec. 5. Section 256C.4, subsection 1, Code 2011, is amended 9 by adding the following new paragraphs: 10 NEW PARAGRAPH . g. For the fiscal year beginning July 11 1, 2011, and each succeeding fiscal year, of the amount of 12 preschool foundation aid received by a school district for 13 a fiscal year in accordance with section 257.16, not more 14 than five percent may be used by the school district for 15 administering the district’s approved local program. 16 NEW PARAGRAPH . h. For the fiscal year beginning July 17 1, 2012, and each succeeding fiscal year, of the amount of 18 preschool foundation aid received by a school district for a 19 fiscal year in accordance with section 257.16, not less than 20 ninety-five percent of the per pupil amount shall be passed 21 through to a community-based provider for each pupil enrolled 22 in the district’s approved local program. For the fiscal year 23 beginning July 1, 2011, and each succeeding fiscal year, not 24 more than five percent of the amount of preschool foundation 25 aid passed through to a community-based provider may be used by 26 the community-based provider for administrative costs. 27 Sec. 6. Section 257.35, subsection 7, Code Supplement 2011, 28 is amended to read as follows: 29 7. Notwithstanding subsection 1, and in addition to the 30 reduction applicable pursuant to subsection 2, the state aid 31 for area education agencies and the portion of the combined 32 district cost calculated for these agencies for the fiscal year 33 beginning July 1, 2012, and ending June 30, 2013, shall be 34 reduced by the department of management by ten twenty million 35 -3- HF 2465 (5) 84 tm/jp/md 3/ 22

H.F. 2465 dollars. The reduction for each area education agency shall be 1 prorated based on the reduction that the agency received in the 2 fiscal year beginning July 1, 2003. 3 Sec. 7. Section 260C.14, Code 2011, is amended by adding the 4 following new subsection: 5 NEW SUBSECTION . 23. a. Adopt rules to waive tuition and 6 mandatory fee charges for any student in good standing who is 7 a resident of Iowa; is under the age of twenty-six, or under 8 the age of thirty if the student is a qualified veteran as 9 defined in subsection 14; is not a convicted felon as defined 10 in section 910.15; and meets any of the following criteria: 11 (1) Is the child of a peace officer, as defined in section 12 97A.1, who was killed in the line of duty as determined by 13 the board of trustees of the Iowa department of public safety 14 peace officers’ retirement, accident, and disability system in 15 accordance with section 97A.6, subsection 16. 16 (2) Is the child of a police officer, as defined in section 17 411.1, who was killed in the line of duty as determined by the 18 statewide fire and police retirement system in accordance with 19 section 411.6, subsection 15. 20 (3) Is the child of a sheriff or deputy sheriff as defined 21 in section 97B.49C, who was killed in the line of duty as 22 determined by the Iowa public employees’ retirement system in 23 accordance with section 97B.52, subsection 2. 24 b. If a student who meets the criteria pursuant to paragraph 25 “a” receives financial aid under any other federal, state, 26 or institutional scholarship or grant program, the full 27 amount of the other financial aid shall be applied to the 28 student’s expenses first and shall be considered part of the 29 student’s available financial resources in determining the 30 amount of tuition and mandatory fee charges to be waived under 31 this subsection. The total financial aid for the student’s 32 education, including financial aid under any other program, 33 shall not exceed the student’s cost of attendance at the 34 community college in which the student is enrolled. 35 -4- HF 2465 (5) 84 tm/jp/md 4/ 22

H.F. 2465 c. Notwithstanding section 261.20, a community college 1 waiving tuition and mandatory fees in accordance with this 2 subsection may request from the college student aid commission 3 and the governor a transfer of moneys from the scholarship and 4 tuition grant reserve fund in the manner provided in section 5 261.20, subsection 3, in an amount equivalent to the amount of 6 tuition and mandatory fees waived by the community college for 7 the fiscal year. 8 Sec. 8. Section 262.9, Code Supplement 2011, is amended by 9 adding the following new subsection: 10 NEW SUBSECTION . 36. a. Adopt rules that require the 11 institutions of higher education under its control to waive 12 tuition and mandatory fee charges for any undergraduate student 13 in good standing who is a resident of Iowa; is under the age 14 of twenty-six, or under the age of thirty if the student is 15 a qualified veteran as defined in subsection 17; is not a 16 convicted felon as defined in section 910.15; and meets any of 17 the following criteria: 18 (1) Is the child of a peace officer, as defined in section 19 97A.1, who was killed in the line of duty as determined by 20 the board of trustees of the Iowa department of public safety 21 peace officers’ retirement, accident, and disability system in 22 accordance with section 97A.6, subsection 16. 23 (2) Is the child of a police officer, as defined in section 24 411.1, who was killed in the line of duty as determined by the 25 statewide fire and police retirement system in accordance with 26 section 411.6, subsection 15. 27 (3) Is the child of a sheriff or deputy sheriff as defined 28 in section 97B.49C, who was killed in the line of duty as 29 determined by the Iowa public employees’ retirement system in 30 accordance with section 97B.52, subsection 2. 31 b. If a student who meets the criteria pursuant to 32 paragraph “a” receives financial aid under any other federal, 33 state, or institutional scholarship or grant program, the 34 full amount of the other financial aid shall be applied to 35 -5- HF 2465 (5) 84 tm/jp/md 5/ 22

H.F. 2465 the student’s expenses first and shall be considered part of 1 the student’s available financial resources in determining 2 the amount of tuition and mandatory fee charges to be waived 3 under this subsection. The total financial aid for the 4 student’s education, including financial aid under any other 5 program, shall not exceed the student’s cost of attendance at 6 the institution of higher education in which the student is 7 enrolled. 8 c. Notwithstanding section 261.20, an institution of 9 higher education waiving tuition and mandatory fees in 10 accordance with this subsection may request from the college 11 student aid commission and the governor a transfer of moneys 12 from the scholarship and tuition grant reserve fund in the 13 manner provided in section 261.20, subsection 3, in an amount 14 equivalent to the amount of tuition and mandatory fees waived 15 by the institution for the fiscal year. 16 Sec. 9. Section 284.6, subsection 8, Code Supplement 2011, 17 is amended to read as follows: 18 8. a. For each year in which a school district and an 19 area education agency receives funds calculated and paid to 20 school districts and area education agencies for professional 21 development pursuant to section 257.10, subsection 10 , or 22 and section 257.37A, subsection 2 , the school district and 23 area education agency shall create quality professional 24 development opportunities. The goal for the use of the funds 25 is to provide one additional contract day or the equivalent 26 thereof for professional development and use of the funds is 27 limited to providing professional development to teachers, 28 including additional salaries for time beyond the normal 29 negotiated agreement; pay for substitute teachers, professional 30 development materials, speakers, and professional development 31 content; and costs associated with implementing the individual 32 professional development plans. The use of the funds shall 33 be balanced between school district, attendance center, and 34 individual professional development plans, or area education 35 -6- HF 2465 (5) 84 tm/jp/md 6/ 22

H.F. 2465 agency and individual professional development plans, as 1 appropriate, making every reasonable effort to provide equal 2 access to all teachers. 3 b. Each school district and area education agency receiving 4 funds under section 257.10, subsection 10, or section 257.37A, 5 subsection 2, shall set aside up to three percent of such 6 funds for purposes of compensating substitute teachers to 7 temporarily replace teachers who are employed by accredited 8 nonpublic schools located within the school district and area 9 education boundaries and who are required to receive Iowa 10 core curriculum professional development provided elsewhere 11 than on accredited nonpublic school property. The substitute 12 teacher shall be employed to teach only coursework that is 13 nonsectarian. Funds set aside by a school district and area 14 education agency pursuant to this paragraph shall be paid on 15 a prorated basis to the area education agency providing the 16 Iowa core curriculum professional development to the accredited 17 nonpublic school teacher. The proration shall be based upon 18 the amount of the professional development funds calculated and 19 paid to the school district under section 257.10, subsection 20 10, and the amount of the professional development funds 21 calculated and paid to the area education agency under section 22 257.37A, subsection 2. The area education agency providing 23 the professional development to an accredited nonpublic 24 school teacher pursuant to this paragraph shall reimburse 25 the accredited nonpublic school for the compensation of the 26 substitute teacher from the professional development funds 27 available to the agency pursuant to this paragraph. If three 28 percent of such funds identified in this paragraph are expended 29 by school districts and area education agencies, this paragraph 30 requires no further reimbursements. 31 Sec. 10. REPEAL. 2012 Iowa Acts, House File 2168, section 32 5, is repealed. 33 Sec. 11. EFFECTIVE UPON ENACTMENT. The following 34 provision or provisions of this Act, being deemed of immediate 35 -7- HF 2465 (5) 84 tm/jp/md 7/ 22

H.F. 2465 importance, take effect upon enactment: 1 1. The section of this Act providing for transfer of moneys 2 to the taxpayers trust fund. 3 2. The section of this Act enacting section 256C.4, 4 subsection 1, paragraphs “g” and “h”. 5 DIVISION III 6 STATE EMPLOYEE AND ELECTED OFFICIAL PAYMENT OF HEALTH INSURANCE 7 PREMIUMS 8 Sec. 12. Section 2.40, subsection 1, paragraph a, 9 subparagraph (2), Code 2011, is amended to read as follows: 10 (2) The member shall pay the premium for the plan selected 11 on the same basis as a full-time state employee excluded from 12 collective bargaining as provided in chapter 20 . However, the 13 member shall pay a portion of the total premium for the plan 14 selected in an amount as determined by the legislative council. 15 The payment amount as determined by the legislative council 16 shall be at least twenty-five percent of the total premium 17 for the single or family coverage provided in connection with 18 the member. The payment amount determined by the legislative 19 council shall apply to employees of the general assembly. 20 Sec. 13. NEW SECTION . 8A.440 Group health insurance premium 21 costs. 22 1. Collective bargaining agreements entered into pursuant 23 to chapter 20 for state employees shall provide that a state 24 employee covered by that agreement who is a member of a 25 state group health insurance plan for employees of the state 26 established under chapter 509A shall pay at least twenty-five 27 percent of the total premium for the single or family coverage 28 provided in connection with each employee. 29 2. A state employee not covered by a collective bargaining 30 agreement as provided in chapter 20 who is a member of a 31 state group health insurance plan for employees of the state 32 established under chapter 509A shall pay the same percentage 33 of the total premium for such insurance as is paid under the 34 collective bargaining agreement that covers the greatest number 35 -8- HF 2465 (5) 84 tm/jp/md 8/ 22

H.F. 2465 of state employees in the state government entity employing the 1 state employee. 2 Sec. 14. STATEWIDE ELECTED OFFICIALS —— GROUP HEALTH 3 INSURANCE PREMIUM COSTS. A statewide elected official who is 4 a member of a state group insurance plan for employees of the 5 state established under chapter 509A shall pay a portion of the 6 total premium for the plan selected in an amount as determined 7 by the executive council. The payment amount as determined by 8 the executive council shall be at least twenty-five percent of 9 the total premium for the single or family coverage provided in 10 connection with the elected official. 11 Sec. 15. GROUP HEALTH INSURANCE PREMIUMS FOR STATE 12 EMPLOYEES. 13 1. a. This subsection does not apply to members of the 14 general assembly or elected officials who are subject to the 15 provisions of this division of this Act amending section 2.40 16 or requiring statewide elected officials to pay a portion of 17 health insurance premiums. 18 b. For the fiscal year beginning July 1, 2012, each state 19 employee who is a member of a state group health insurance plan 20 for state employees established under chapter 509A shall pay at 21 least 25 percent of the total premium for the single or family 22 coverage provided in connection with the employee’s membership 23 in the insurance plan. 24 c. For the fiscal year beginning July 1, 2012, each person 25 who is a member of a state group health insurance plan for 26 employees of the state board of regents and the institutions 27 under the control of the state board shall pay at least 25 28 percent of the total premium for the single or family coverage 29 provided in connection with the person’s membership in the 30 insurance plan. 31 d. For the fiscal year beginning July 1, 2012, each judicial 32 officer or employee of the judicial branch who is a member 33 of a state group health insurance plan for state employees 34 established under chapter 509A shall pay at least 25 percent of 35 -9- HF 2465 (5) 84 tm/jp/md 9/ 22

H.F. 2465 the total premium for the single or family coverage provided in 1 connection with the judicial officer or employee’s membership 2 in the insurance plan. 3 e. The requirements in this subsection shall be enforceable 4 against all applicable employees for the fiscal year beginning 5 July 1, 2012, notwithstanding any provision of chapter 20 to 6 the contrary, and shall remain applicable to each such state 7 employee and person in fiscal years succeeding the fiscal year 8 specified in this subsection until the requirement implemented 9 pursuant to section 8A.440 is applicable to the employee or 10 person. 11 2. a. For the fiscal year beginning July 1, 2012, 12 the portion of the payments made pursuant to subsection 13 1 attributed to increases in payments as a result of the 14 percentage requirement implemented pursuant to subsection 1 15 shall be transferred to the judicial branch or the state agency 16 charged for the state group health insurance plan premiums of 17 the judicial officer, employee, or person who made the payment 18 in lieu of a like amount from the appropriations made to the 19 judicial branch or the state agency for the fiscal year. 20 b. The moneys paid by members or employees of the general 21 assembly pursuant to section 2.40, as amended by this division 22 of this Act, for the fiscal year beginning July 1, 2012, are 23 appropriated to the general assembly in lieu of a like amount 24 from the appropriations made to the general assembly pursuant 25 to section 2.12, for the fiscal year. 26 c. The moneys paid by statewide elected officials pursuant 27 to the section of this division of this Act requiring the 28 officials to pay a portion of the health insurance premium 29 costs for the coverage provided to the officials, for the 30 fiscal year beginning July 1, 2012, are appropriated to the 31 state agency charged for the state group health insurance plan 32 premiums of the official who made the payment in lieu of a like 33 amount from the appropriations made to the state agency for the 34 fiscal year. 35 -10- HF 2465 (5) 84 tm/jp/md 10/ 22

H.F. 2465 3. The department of management, with the assistance of the 1 department of administrative services, state board of regents, 2 the state fair board, the state department of transportation, 3 and each judicial district department of correctional services, 4 shall submit a quarterly report to the general assembly and the 5 legislative services agency during the fiscal year beginning 6 July 1, 2012, regarding the reductions to appropriations made 7 pursuant to subsection 2 during the quarter. 8 Sec. 16. APPLICABILITY. The section of this division 9 of this Act enacting section 8A.440, applies to collective 10 bargaining agreements entered into on or after the effective 11 date of that section of this division of this Act. 12 Sec. 17. EFFECTIVE UPON ENACTMENT. The following sections 13 of this division of this Act, being deemed of immediate 14 importance, take effect upon enactment: 15 1. The section of this Act enacting section 8A.440. 16 2. The section of this Act relating to group health 17 insurance premiums for state employees. 18 DIVISION IV 19 CORRECTIVE PROVISIONS 20 Sec. 18. Section 9B.2, subsection 10, paragraph a, if 21 enacted by 2012 Iowa Acts, Senate File 2265, section 2, is 22 amended to read as follows: 23 a. “Personal appearance” means an act of a party to 24 physically appear within the presence of a notary public 25 notarial officer at the time the notarization occurs notarial 26 act is performed . 27 Sec. 19. Section 105.2, subsection 8, Code Supplement 2011, 28 as amended by 2012 Iowa Acts, House File 2285, section 1, if 29 enacted, is amended to read as follows: 30 8. “Hydronic” means a heating or cooling system that 31 transfers heating or cooling by circulating fluid through 32 a closed system, including boilers, pressure vessels, 33 refrigerated equipment in connection with chilled water 34 systems, all steam piping, hot or chilled water piping together 35 -11- HF 2465 (5) 84 tm/jp/md 11/ 22

H.F. 2465 with all control devices and accessories, installed as part 1 of, or in connection with, any heating or cooling system or 2 appliance whose primary purpose is to provide comfort using 3 a liquid, water, or steam as the heating or cooling media. 4 “Hydronic” includes all low-pressure and high-pressure systems 5 and all natural, propane, liquid propane, or other gas lines 6 associated with any component of a hydronic system. For 7 purposes of this definition, “primary purpose is to provide 8 comfort” means a system or appliance in which at least fifty-one 9 percent of the capacity generated by its operation, on an 10 annual average, is dedicated to comfort heating or cooling. 11 Sec. 20. Section 135.156E, subsection 1, paragraph b, if 12 enacted by 2012 Iowa Acts, Senate File 2318, section 14, is 13 amended to read as follows: 14 b. Require authentication controls to verify the identify 15 identity and role of the participant using the Iowa health 16 information network. 17 Sec. 21. Section 135C.6, subsection 8, paragraphs a and 18 b, Code 2011, as amended by 2012 Iowa Acts, Senate File 2247, 19 section 15, are amended to read as follows: 20 a. Residential programs providing care to not more than 21 four individuals and receiving moneys appropriated to the 22 department of human services under provisions of a federally 23 approved home and community-based services waiver for persons 24 with an intellectual disabilities disability or other medical 25 assistance program under chapter 249A . In approving a 26 residential program under this paragraph, the department of 27 human services shall consider the geographic location of the 28 program so as to avoid an overconcentration of such programs 29 in an area. In order to be approved under this paragraph, 30 a residential program shall not be required to involve the 31 conversion of a licensed residential care facility for persons 32 with an intellectual disability. 33 b. Not more than forty residential care facilities for 34 persons with an intellectual disability that are licensed 35 -12- HF 2465 (5) 84 tm/jp/md 12/ 22

H.F. 2465 to serve not more than five individuals may be authorized 1 by the department of human services to convert to operation 2 as a residential program under the provisions of a medical 3 assistance home and community-based services waiver for persons 4 with an intellectual disabilities disability . A converted 5 residential program operating under this paragraph is subject 6 to the conditions stated in paragraph “a” except that the 7 program shall not serve more than five individuals. 8 Sec. 22. Section 144D.3, subsection 4, as enacted by 2012 9 Iowa Acts, House File 2165, section 4, is amended to read as 10 follows: 11 4. In the absence of actual notice of the revocation 12 of a POST form, a health care provider, hospital, health 13 care facility, or any other person who complies with a POST 14 form shall not be subject to civil or criminal liability or 15 professional disciplinary action for actions taken under 16 this chapter which are in accordance with reasonable medical 17 standards. A health care provider, hospital, health care 18 facility, or other person against whom criminal or civil 19 liability or professional disciplinary action is asserted 20 because of conduct in compliance with this chapter may 21 interpose the restriction on liability in this paragraph 22 subsection as an absolute defense. 23 Sec. 23. Section 152B.2, subsection 1, paragraph a, 24 subparagraph (2), Code 2011, as amended by 2012 Iowa Acts, 25 Senate File 2248, section 2, if enacted, is amended to read as 26 follows: 27 (2) Direct and indirect respiratory care services including 28 but not limited to the administration of pharmacological and 29 diagnostic and therapeutic agents related to respiratory 30 care procedures necessary to implement a treatment, disease 31 prevention, pulmonary rehabilitative, or diagnostic regimen 32 prescribed by a licensed physician , or surgeon , or a qualified 33 health care professional prescriber. 34 Sec. 24. Section 152B.3, subsection 1, unnumbered paragraph 35 -13- HF 2465 (5) 84 tm/jp/md 13/ 22

H.F. 2465 1, Code 2011, as amended by 2012 Iowa Acts, Senate File 2248, 1 section 5, if enacted, is amended to read as follows: 2 The performance of respiratory care shall be in accordance 3 with the prescription of a licensed physician , or surgeon , or 4 a qualified health care professional prescriber and includes 5 but is not limited to the diagnostic and therapeutic use of the 6 following: 7 Sec. 25. Section 152B.3, subsection 2, Code 2011, as amended 8 by 2012 Iowa Acts, Senate File 2248, section 6, if enacted, is 9 amended to read as follows: 10 2. A respiratory care practitioner may transcribe and 11 implement a written or verbal order from a licensed physician , 12 or surgeon , or a qualified health care professional prescriber 13 pertaining to the practice of respiratory care. 14 Sec. 26. Section 152B.4, Code 2011, as amended by 2012 Iowa 15 Acts, Senate File 2248, section 7, if enacted, is amended to 16 read as follows: 17 152B.4 Location of respiratory care. 18 The practice of respiratory care may be performed in a 19 hospital as defined in section 135B.1, subsection 3 , and other 20 settings where respiratory care is to be provided in accordance 21 with a prescription of a licensed physician , or surgeon , or a 22 qualified health care professional prescriber. Respiratory 23 care may be provided during transportation of a patient and 24 under circumstances where an emergency necessitates respiratory 25 care. 26 Sec. 27. Section 161A.63, Code 2011, as amended by 2012 Iowa 27 Acts, Senate File 2311, section 16, if enacted, is amended to 28 read as follows: 29 161A.63 Right of purchaser of agricultural land to obtain 30 information. 31 A prospective purchaser of an interest in agricultural land 32 located in this state is entitled to obtain from the seller, 33 or from the office of the soil and water conservation district 34 in which the land is located, a copy of the most recently 35 -14- HF 2465 (5) 84 tm/jp/md 14/ 22

H.F. 2465 updated farm unit soil conservation plan, developed pursuant 1 to section 161A.62, subsection 2 , which are is applicable to 2 the agricultural land proposed to be purchased. A prospective 3 purchaser of an interest in agricultural land located in this 4 state is entitled to obtain additional copies of either or both 5 of the documents document referred to in this section from the 6 office of the soil and water conservation district in which 7 the land is located, promptly upon request, at a fee not to 8 exceed the cost of reproducing them. All persons who identify 9 themselves to the commissioners or staff of a soil and water 10 conservation district as prospective purchasers of agricultural 11 land in the district shall be given information, prepared in 12 accordance with rules of the department, which clearly explains 13 the provisions of section 161A.76 . 14 Sec. 28. Section 203C.14, Code 2011, as amended by 2012 Iowa 15 Acts, Senate File 2311, section 107, if enacted, is amended to 16 read as follows: 17 203C.14 Suit —— claims —— notice of revocation. 18 1. A person injured by the breach of an obligation of a 19 warehouse operator, for the performance of which a bond on 20 agricultural products other than bulk grain, a deficiency 21 bond, or an irrevocable letter of credit has been given under 22 any of the provisions of this chapter , may sue on the bond on 23 agricultural products other than bulk grain, deficiency bond, 24 or irrevocable letter of credit in the person’s own name in 25 a court of competent jurisdiction to recover any damages the 26 person has sustained by reason of the breach. 27 2. a. Upon the cessation of a warehouse operator’s license 28 due to revocation, cancellation, or expiration, a claim against 29 the warehouse operator arising under this chapter shall be 30 made in writing with the warehouse operator, with the issuer 31 of a bond on agricultural products other than bulk grain, a 32 deficiency bond, or an irrevocable letter of credit, and, if 33 the claim relates to bulk grain, with the department. The 34 claim must be made within one hundred twenty days after the 35 -15- HF 2465 (5) 84 tm/jp/md 15/ 22

H.F. 2465 cessation of the license. The failure to make a timely claim 1 relieves the issuer and, if the claim relates to bulk grain, 2 the grain depositors and sellers indemnity fund provided in 3 chapter 203D of all obligations to the claimant. 4 3. b. Upon revocation of a warehouse license, the 5 department shall cause notice of the revocation to be published 6 once each week for two consecutive weeks in a newspaper of 7 general circulation in each of the counties in which the 8 licensee maintains a business location and in a newspaper 9 of general circulation within the state. The notice shall 10 state the name and address of the warehouse operator and the 11 effective date of revocation. The notice shall also state that 12 any claims against the warehouse operator shall be made in 13 writing and sent by ordinary mail to the warehouse operator, to 14 the issuer of a bond on agricultural products other than bulk 15 grain, deficiency bond, or an irrevocable letter of credit, 16 and to the department within one hundred twenty days after 17 revocation, and the notice shall state that the failure to make 18 a timely claim does not relieve the warehouse operator from 19 liability to the claimant. 20 c. This paragraph subsection does not apply if a receiver is 21 appointed as provided in this chapter pursuant to a petition 22 which is filed by the department prior to the expiration of 23 one hundred twenty days after revocation, termination, or 24 cancellation cessation of the license. 25 Sec. 29. Section 249A.12, subsection 5, paragraph a, 26 unnumbered paragraph 1, Code 2011, as amended by 2012 Iowa 27 Acts, Senate File 2247, section 101, is amended to read as 28 follows: 29 The mental health and disability services commission shall 30 recommend to the department the actions necessary to assist in 31 the transition of individuals being served in an intermediate 32 care facility for persons with an intellectual disability, 33 who are appropriate for the transition, to services funded 34 under a medical assistance home and community-based services 35 -16- HF 2465 (5) 84 tm/jp/md 16/ 22

H.F. 2465 waiver for persons with an intellectual disability in a 1 manner which maximizes the use of existing public and private 2 facilities. The actions may include but are not limited to 3 submitting any of the following or a combination of any of the 4 following as a request for a revision of the medical assistance 5 home and community-based services waiver for persons with an 6 intellectual disabilities disability : 7 Sec. 30. Section 273.2, subsection 3, Code Supplement 2011, 8 as amended by 2012 Iowa Acts, Senate File 2203, section 38, if 9 enacted, is amended to read as follows: 10 3. The area education agency board shall furnish 11 educational services and programs as provided in sections 12 section 273.1, this section, sections 273.3 to 273.9, and 13 chapter 256B to the pupils enrolled in public or nonpublic 14 schools located within its boundaries which are on the list of 15 accredited schools pursuant to section 256.11 . The programs 16 and services provided shall be at least commensurate with 17 programs and services existing on July 1, 1974. The programs 18 and services provided to pupils enrolled in nonpublic schools 19 shall be comparable to programs and services provided to pupils 20 enrolled in public schools within constitutional guidelines. 21 Sec. 31. Section 321.188, subsection 6, paragraph c, if 22 enacted by 2012 Iowa Acts, House File 2403, section 1, is 23 amended to read as follows: 24 c. An applicant who obtains a skills test waiver under this 25 subsection shall take and successfully pass the knowledge test 26 required pursuant to subsection 2 1 . 27 Sec. 32. Section 321.323A, subsection 3, paragraph c, 28 subparagraph (1), if enacted by 2012 Iowa Acts, House File 29 2228, section 3, is amended to read as follows: 30 (1) For a violation causing damage to the property of 31 another person, but not resulting in bodily injury to or 32 death of to another person, the department shall suspend the 33 violator’s driver’s license or operating privileges for ninety 34 days. 35 -17- HF 2465 (5) 84 tm/jp/md 17/ 22

H.F. 2465 Sec. 33. Section 321.457, subsection 2, paragraph n, 1 subparagraph (4), if enacted by 2012 Iowa Acts, House File 2 2428, section 1, is amended to read as follows: 3 (4) For purposes of this paragraph “n” , “full trailer” means 4 as defined in 49 C.F.R. § 390 390.5 . 5 Sec. 34. Section 322.5, subsection 6, paragraph b, 6 subparagraph (2), if enacted by 2012 Iowa Acts, Senate File 7 2249, section 4, is amended to read as follows: 8 (2) The state in which the person is licensed as a motor 9 vehicle dealer allows a motor vehicle dealer licensed in Iowa 10 to be issued a permit substantially similar to the temporary 11 permit authorized under this section subsection . 12 Sec. 35. Section 326.3, subsection 19, if enacted by 2012 13 Iowa Acts, Senate File 2216, section 19, is amended to read as 14 follows: 15 19. “Operational records” means source documents that 16 evidence distance traveled by a fleet in each member 17 jurisdiction, such as furl fuel reports, trip sheets, and 18 driver logs, including those which may be generated through 19 on-board devices and maintained electronically, as required by 20 the audit procedures manual. 21 Sec. 36. Section 418.4, subsection 1, paragraph b, if 22 enacted by 2012 Iowa Acts, Senate File 2217, section 5, is 23 amended to read as follows: 24 b. A governmental entity as defined in section 418.1, 25 subsection 4, paragraph “c” , shall have the power to construct, 26 acquire, own, repair, improve, operate, and maintain a project, 27 may sue and be sued, contract, and acquire and hold real and 28 personal property, subject to the limitation in paragraph 29 “c” , and shall have such other powers as may be included 30 in the chapter 28E agreement. Such a governmental entity 31 may contract with a city or the county participating in the 32 chapter 28E agreement to perform any governmental service, 33 activity, or undertaking that the city or county is authorized 34 by law to perform, including but not limited to contracts for 35 -18- HF 2465 (5) 84 tm/jp/md 18/ 22