House Study Bill 193 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON BALTIMORE) 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. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 TLSB 1949HC (1) 85 lh/rj

H.F. _____ DIVISION I 1 MISCELLANEOUS CHANGES 2 Section 1. Section 3.4, Code 2013, is amended to read as 3 follows: 4 3.4 Bills —— approval —— passage over veto. 5 1. If the governor approves a bill, the governor shall 6 sign and date it; if the governor returns it the bill with 7 objections and it afterwards passes as provided in the 8 Constitution, a certificate, signed by the presiding officer of 9 each house in the following form, shall be endorsed thereon on 10 or attached thereto to the bill : 11 “This This bill (or this item of an appropriation bill, as 12 the case may be), having been returned by the governor, with 13 objections, to the house in which it originated, and, after 14 reconsideration, having again passed both houses by yeas and 15 nays by a vote of two-thirds of the members of each house, has 16 become a law this ... day of ........ ” . 17 2. An “appropriation bill” means a bill which has as its 18 primary purpose the making of appropriations of money from the 19 public treasury. 20 Sec. 2. Section 8A.402, subsection 2, paragraph g, 21 subparagraph (1), subparagraph division (c), Code 2013, is 22 amended to read as follows: 23 (c) In this paragraph “g” , executive branch agencies, except 24 the department of public safety, shall not grant a supervisory 25 employee with the right to replace or bump a junior employee 26 not being laid off for a position for which the supervisory 27 employee is qualified. 28 Sec. 3. Section 9I.12, Code 2013, is amended to read as 29 follows: 30 9I.12 Penalty —— failure to timely file. 31 A civil penalty of not more than two thousand dollars shall 32 be imposed, for each offense, upon a nonresident alien, foreign 33 business or foreign government, or an agent, trustee or other 34 fiduciary thereof, who fails to timely file the registration as 35 -1- LSB 1949HC (1) 85 lh/rj 1/ 163

H.F. _____ required by section 9I.7 , or who fails to timely file a report 1 required by section 9I.8 shall, for each offense, be punished 2 by a fine of not more than two thousand dollars . 3 Sec. 4. Section 10B.4, subsection 2, paragraph g, Code 2013, 4 is amended to read as follows: 5 g. If the reporting entity is a life science enterprise, as 6 provided in chapter 10C , Code 2011, as that chapter exists on 7 or before June 30, 2005, the total amount of commercial sale 8 of life science products and products other than life science 9 products which are produced from the agricultural land held by 10 the life science enterprise. 11 Sec. 5. Section 11.41, subsection 1, Code 2013, is amended 12 to read as follows: 13 1. The auditor of state, when conducting any audit or 14 review examination required or permitted by this chapter , 15 shall at all times have access to all information, records, 16 instrumentalities, and properties used in the performance of 17 the audited or reviewed examined entities’ statutory duties 18 or contractual responsibilities. All audited or reviewed 19 examined entities shall cooperate with the auditor of state in 20 the performance of the audit or review examination and make 21 available the information, records, instrumentalities, and 22 properties upon the request of the auditor of state. 23 Sec. 6. Section 15.330, subsection 9, Code 2013, is amended 24 to read as follows: 25 9. A report submitted to the authority by a business 26 together with its application describing all violations of 27 environmental law or worker safety law within the last five 28 years. If, upon review of the application, the authority 29 finds that a the business has a record of violations of the 30 law, statutes, rules, or regulations that tends to show a 31 consistent pattern, the authority shall not provide incentives 32 or assistance to the business unless the authority finds either 33 that the violations did not seriously affect public health, 34 public safety, or the environment, or, if such violations 35 -2- LSB 1949HC (1) 85 lh/rj 2/ 163

H.F. _____ did seriously affect public health, public safety, or the 1 environment, that mitigating circumstances were present. 2 Sec. 7. NEW SECTION . 15.410 Definitions. 3 As used in this part, unless the context otherwise requires: 4 1. “Innovative business” means the same as defined in 5 section 15E.52. 6 2. “Internship” means temporary employment of a student that 7 focuses on providing the student with work experience in the 8 student’s field of study. 9 Sec. 8. Section 15.411, subsection 1, Code 2013, is amended 10 by striking the subsection. 11 Sec. 9. Section 15E.232, subsection 1, paragraph a, Code 12 2013, is amended to read as follows: 13 a. The ability to provide matching moneys on a basis of 14 a one dollar contribution of local matching moneys for every 15 two dollars received from the economic development a fund 16 established pursuant to section 15.335B . 17 Sec. 10. Section 15E.232, subsections 3 and 4, Code 2013, 18 are amended to read as follows: 19 3. An economic development region may apply for financial 20 assistance from a fund established pursuant to section 15.335B 21 to assist an existing business threatened with closure due to 22 a potential consolidation to an out-of-state location. The 23 economic development region may apply for financial assistance 24 from the economic development a fund established pursuant to 25 section 15.335B for the purchase, rehabilitation, or marketing 26 of a building that has become available due to the closing of 27 an existing business due to a consolidation to an out-of-state 28 location. In order to receive financial assistance under this 29 subsection , an economic development region must demonstrate the 30 ability to provide local matching moneys on a basis of a one 31 dollar contribution of local moneys for every three dollars 32 received from the economic development a fund established 33 pursuant to section 15.335B . 34 4. An economic development region may apply for financial 35 -3- LSB 1949HC (1) 85 lh/rj 3/ 163

H.F. _____ assistance from a fund established pursuant to section 15.335B 1 to establish and operate an entrepreneurial initiative. In 2 order to receive financial assistance under this subsection , 3 an economic development region must demonstrate the ability 4 to provide local matching moneys on a basis of a one dollar 5 contribution of local moneys for every two dollars received 6 from the economic development a fund established pursuant to 7 section 15.335B . 8 Sec. 11. Section 15E.232, subsection 5, paragraph b, Code 9 2013, is amended to read as follows: 10 b. In order to receive financial assistance under this 11 subsection , an economic development region must demonstrate 12 the ability to provide local matching moneys on a basis of a 13 one dollar contribution of local moneys for every two dollars 14 received from the economic development a fund established 15 pursuant to section 15.335B . 16 Sec. 12. Section 15E.233, subsection 2, paragraph a, 17 unnumbered paragraph 1, Code 2013, is amended to read as 18 follows: 19 An approved economic enterprise area may apply to the 20 authority for financial assistance from the economic 21 development a fund established pursuant to 15.335B for up to 22 seventy-five thousand dollars each fiscal year during the 23 fiscal period beginning July 1, 2005, and ending June 30, 2015, 24 for any of the following purposes: 25 Sec. 13. Section 15E.233, subsection 2, paragraph b, Code 26 2013, is amended to read as follows: 27 b. In order to receive financial assistance under this 28 subsection , an economic enterprise area must demonstrate the 29 ability to provide local matching moneys on a basis of a one 30 dollar contribution of local moneys for every three dollars 31 received from the economic development a fund established 32 pursuant to section 15.335B . 33 Sec. 14. Section 16.195, Code 2013, is amended to read as 34 follows: 35 -4- LSB 1949HC (1) 85 lh/rj 4/ 163

H.F. _____ 16.195 Iowa jobs and Iowa jobs II program application review. 1 1. Applications for assistance under the Iowa jobs program 2 and Iowa jobs II program shall be submitted to the Iowa finance 3 authority. The authority shall provide a staff review and 4 evaluation of applications to the Iowa jobs program review 5 committee referred to in subsection 2 and to the Iowa jobs 6 board. 7 2. A review committee composed of members of the board 8 as determined by the board shall review Iowa jobs and Iowa 9 jobs II program applications submitted to the board and make 10 recommendations regarding the applications to the board. 11 When reviewing the applications, the review committee and 12 the authority shall consider the project criteria specified 13 in sections 16.194 and 16.194A . The board shall develop the 14 appropriate level of transparency regarding project fund 15 allocations. 16 3. Upon approval of an application for financial assistance 17 under the program programs , the board shall notify the 18 treasurer of state regarding the amount of moneys needed to 19 satisfy the award of financial assistance and the terms of the 20 award. The treasurer of state shall notify the Iowa finance 21 authority any time moneys are disbursed to a recipient of 22 financial assistance under the program programs . 23 Sec. 15. Section 17A.7, subsection 2, Code 2013, is amended 24 to read as follows: 25 2. Beginning July 1, 2012, over each five-year period of 26 time, an agency shall conduct an ongoing and comprehensive 27 review of all of the agency’s rules. The goal of the review is 28 the identification and elimination of all rules of the agency 29 that are outdated, redundant, or inconsistent or incompatible 30 with statute or its own rules or those of other agencies. 31 An agency shall commence its review by developing a plan of 32 review in consultation with major stakeholders and constituent 33 groups. When the agency completes its the five-year review of 34 its the agency’s own rules, the agency shall provide a summary 35 -5- LSB 1949HC (1) 85 lh/rj 5/ 163

H.F. _____ of the results to the administrative rules coordinator and the 1 administrative rules review committee. 2 Sec. 16. Section 26.3, subsection 1, Code 2013, is amended 3 to read as follows: 4 1. If the estimated total cost of a public improvement 5 exceeds the competitive bid threshold of one hundred thousand 6 dollars, or the adjusted competitive bid threshold established 7 in section 314.1B , the governmental entity shall advertise 8 for sealed bids for the proposed public improvement by 9 publishing a notice to bidders. The notice to bidders shall 10 be published at least once, not less than four and not more 11 than forty-five days before the date for filing bids, in a 12 newspaper published at least once weekly and having general 13 circulation in the geographic area served by the governmental 14 entity. Additionally, the governmental entity may publish 15 a notice in a relevant contractor organization publication 16 and a relevant contractor plan room service with statewide 17 circulation, provided that a notice is posted on a website an 18 internet site sponsored by either a governmental entity or a 19 statewide association that represents the governmental entity. 20 Sec. 17. Section 28D.4, subsection 4, Code 2013, is amended 21 to read as follows: 22 4. Any employee who participates in an exchange under the 23 terms of this section who suffers disability or death as a 24 result of personal injury arising out of and in the course 25 of an exchange, or sustained in performance of duties in 26 connection therewith, shall be treated, for the purposes of the 27 sending agency’s employee compensation program, as an employee, 28 as defined in such Act compensation program , who has sustained 29 such injury in the performance of such duty, but shall not 30 receive benefits under that Act compensation program for any 31 period for which the employee is entitled to and elects to 32 receive similar benefits under the receiving agency’s employee 33 compensation program. 34 Sec. 18. Section 28D.6, subsection 4, Code 2013, is amended 35 -6- LSB 1949HC (1) 85 lh/rj 6/ 163

H.F. _____ to read as follows: 1 4. Any employee of a sending agency assigned in this 2 state who suffers disability or death as a result of personal 3 injury arising out of and in the course of such assignment, or 4 sustained in the performance of duties in connection therewith, 5 shall be treated for the purpose of receiving agency’s employee 6 compensation program, as an employee, as defined in such Act 7 compensation program , who has sustained such injury in the 8 performance of such duty, but shall not receive benefits under 9 that Act compensation program for any period for which the 10 employee elects to receive similar benefits as an employee 11 under the sending agency’s employee compensation program. 12 Sec. 19. Section 28J.18, Code 2013, is amended to read as 13 follows: 14 28J.18 Revenue bonds are lawful investments. 15 Port authority revenue bonds issued pursuant to this 16 chapter are lawful investments of banks, credit unions, trust 17 companies, savings associations, deposit guaranty associations, 18 insurance companies, trustees, fiduciaries, trustees or other 19 officers having charge of the bond retirement funds or sinking 20 funds of port authorities and governmental agencies, and taxing 21 districts of this state, the pension and annuity retirement 22 system, the Iowa public employees’ retirement system, the 23 police and fire retirement systems under chapters 410 and 411 , 24 or a revolving fund of a governmental agency of this state, 25 and are acceptable as security for the deposit of public funds 26 under chapter 12C . 27 Sec. 20. Section 29A.42, unnumbered paragraph 2, Code 2013, 28 is amended to read as follows: 29 Any person who shall molest, or interfere with any member of 30 the national guard, in the discharge of the member’s duty shall 31 be guilty of interference with official acts which is section 32 719.1 , subsection 1 . The commanding officer of such force may 33 order the arrest of such person and cause the person to be 34 delivered to a peace officer or magistrate. 35 -7- LSB 1949HC (1) 85 lh/rj 7/ 163

H.F. _____ Sec. 21. Section 35A.20, subsection 1, paragraph a, Code 1 2013, is amended to read as follows: 2 a. The department may expend not more than six hundred 3 dollars per year for any one child who has lived in the state of 4 Iowa for two years preceding application for state educational 5 assistance, and who is the child of a person who died prior 6 to September 11, 2001, during active federal military service 7 active duty while serving in the armed forces or during active 8 federal military service active duty in the Iowa national 9 guard or other military component of the United States, to 10 defray the expenses of tuition, matriculation, laboratory and 11 similar fees, books and supplies, board, lodging, and any other 12 reasonably necessary expense for the child or children incident 13 to attendance in this state at an educational or training 14 institution of college grade, or in a business or vocational 15 training school with standards approved by the department. 16 Sec. 22. Section 35A.20, subsection 2, paragraph a, Code 17 2013, is amended to read as follows: 18 a. Upon application by a child who is less than thirty-one 19 years of age, and who is the child of a person who died on 20 or after September 11, 2001, during active federal military 21 service active duty while serving in the armed forces or 22 during active federal military service active duty in the 23 Iowa national guard or other military component of the United 24 States, and who at the time of entering into federal active 25 military service duty had maintained the person’s residence 26 in the state for a period of at least six months immediately 27 before entering into federal active military service duty , 28 the department shall provide state educational assistance in 29 an amount of no more than the highest resident undergraduate 30 tuition rate established per year for an institution of higher 31 learning under the control of the state board of regents less 32 the amount of any state and federal education benefits, grants, 33 or scholarships received by the child, or the amount of the 34 child’s established financial need, whichever is less, to 35 -8- LSB 1949HC (1) 85 lh/rj 8/ 163

H.F. _____ defray the expenses of tuition at any postsecondary educational 1 institution in this state. 2 Sec. 23. Section 96.19, subsection 18, paragraph g, 3 subparagraph (1), Code 2013, is amended to read as follows: 4 (1) Service performed in the employ of any other state or 5 its political subdivisions, or of the United States government, 6 or of an instrumentality of any other state or states or their 7 political subdivisions or of the United States; provided, 8 however, that the general language just used shall not include 9 any such instrumentality of the United States after Congress 10 has, by appropriate legal action, expressly permitted the 11 several states to require such instrumentalities to make 12 payments into an employment fund under a state unemployment 13 compensation law; and all such instrumentalities so released 14 from the constitutional immunity to make the contributions, 15 imposed by this chapter shall, thereafter, become subject 16 to all the provisions of said chapter, and such provisions 17 shall then be applicable to such instrumentalities and to 18 all services performed for such instrumentalities in the 19 same manner, to the same extent and on the same terms as 20 are applicable to all other employers, employing units, 21 individuals , and services. Should the social security board 22 administration , acting under section 1603 of the federal 23 Internal Revenue Code, fail to certify the state of Iowa for 24 any particular calendar year, then the payments required of 25 such instrumentalities with respect to such year shall be 26 refunded by the department from the fund in the same manner and 27 within the same period as is provided for in section 96.14, 28 subsection 5 , which section provides for the refunding of 29 contributions erroneously collected. 30 Sec. 24. Section 124.201, subsection 4, Code 2013, is 31 amended to read as follows: 32 4. If any new substance is designated as a controlled 33 substance under federal law and notice of the designation is 34 given to the board, the board shall similarly designate as 35 -9- LSB 1949HC (1) 85 lh/rj 9/ 163

H.F. _____ controlled the new substance under this chapter after the 1 expiration of thirty days from publication in the Federal 2 Register of a final order designating a new substance as a 3 controlled substance, unless within that thirty-day period 4 the board objects to the new designation. In that case the 5 board shall publish the reasons for objection and afford 6 all interested parties an opportunity to be heard. At 7 the conclusion of the hearing the board shall announce its 8 decision. Upon publication of objection to a new substance 9 being designated as a controlled substance under this chapter 10 by the board, control under this chapter is stayed until the 11 board publishes its decision. If a substance is designated 12 as controlled by the board under this subsection the control 13 shall be temporary and if , within sixty days after the next 14 regular session of the general assembly convenes it , the 15 general assembly has not made the corresponding changes in this 16 chapter , the temporary designation of control of the substance 17 by the board shall be nullified. 18 Sec. 25. Section 125.86, subsection 3, paragraph b, Code 19 2013, is amended to read as follows: 20 b. An advanced registered nurse practitioner who is 21 not certified as a psychiatric advanced registered nurse 22 practitioner but who meets the qualifications set forth in the 23 definition of a mental health professional in section 228.1 24 on July 1, 2008 , may complete periodic reports pursuant to 25 paragraph “a” . 26 Sec. 26. Section 135C.1, subsection 9, Code 2013, is amended 27 to read as follows: 28 9. “Intermediate care facility for persons with an 29 intellectual disability” means an institution or distinct part 30 of an institution with a primary purpose to provide health 31 or rehabilitative services to three or more individuals, 32 who primarily have an intellectual disability or a related 33 condition and who are not related to the administrator or owner 34 within the third degree of consanguinity, and which meets 35 -10- LSB 1949HC (1) 85 lh/rj 10/ 163

H.F. _____ the requirements of this chapter and federal standards for 1 intermediate care facilities for persons with an intellectual 2 disability established pursuant to the federal Social Security 3 Act, § 1905(c)(d), as codified in 42 U.S.C. § 1936d 1396d , 4 which are contained in 42 C.F.R. pt. 483, subpt. D, § 410 – 480. 5 Sec. 27. Section 135C.6, subsection 8, paragraph c, 6 unnumbered paragraph 1, Code 2013, is amended to read as 7 follows: 8 A residential program approved by the department of human 9 services pursuant to this paragraph “c” to receive moneys 10 appropriated to the department of human services under 11 provisions of a federally approved home and community-based 12 services waiver for persons with an intellectual disabilities 13 disability may provide care to not more than five individuals. 14 The department shall approve a residential program under this 15 paragraph that complies with all of the following conditions: 16 Sec. 28. Section 142.3, Code 2013, is amended to read as 17 follows: 18 142.3 Notification of department. 19 Every county medical examiner, funeral director or embalmer, 20 and the managing officer of every public asylum, hospital, 21 county care facility, penitentiary, or reformatory, as soon as 22 any dead body shall come into the person’s custody which may 23 be used for scientific purposes as provided in sections 142.1 24 and 142.2 , shall at once notify the nearest relative or friend 25 of the deceased, if known, and the Iowa department of public 26 health by telegram , and hold such body unburied for forty-eight 27 hours. Upon receipt of such telegram notification, the 28 department shall telegraph issue verbal or written instructions 29 relative to the disposition to be made of said body. Complete 30 jurisdiction over said bodies is vested exclusively in the Iowa 31 department of public health. No autopsy or post mortem, except 32 as are legally ordered by county medical examiners, shall be 33 performed on any of said bodies prior to their delivery to the 34 medical schools. 35 -11- LSB 1949HC (1) 85 lh/rj 11/ 163

H.F. _____ Sec. 29. Section 144.29A, subsections 7, 8, and 9, Code 1 2013, are amended to read as follows: 2 7. For the purposes of this section , “health care provider” : 3 a. “Health care provider” means an individual licensed under 4 chapter 148 , 148C , 148D , or 152 , or any individual who provides 5 medical services under the authorization of the licensee. 6 8. b. For the purposes of this section , “inducing a 7 termination of pregnancy” “Inducing a termination of pregnancy” 8 means the use of any means to terminate the pregnancy of a 9 woman known to be pregnant with the intent other than to 10 produce a live birth or to remove a dead fetus. 11 9. c. For the purposes of this section , “spontaneous 12 termination of pregnancy” “Spontaneous termination of pregnancy” 13 means the occurrence of an unintended termination of pregnancy 14 at any time during the period from conception to twenty 15 weeks gestation and which is not a spontaneous termination of 16 pregnancy at any time during the period from twenty weeks or 17 greater which is reported to the department as a fetal death 18 under this chapter . 19 Sec. 30. Section 152B.1, subsection 8, paragraph b, Code 20 2013, is amended to read as follows: 21 b. Is capable of serving as a resource to the physician 22 or surgeon in relation to the technical aspects of 23 cardiorespiratory care and to safe and effective methods for 24 administering respiratory care modalities. 25 Sec. 31. Section 152B.2, subsection 1, paragraph b, Code 26 2013, is amended to read as follows: 27 b. “Respiratory care as a practice” does not include 28 the delivery, assembly, setup, testing, or demonstration 29 of respiratory care equipment in the home upon the order 30 of a licensed physician or surgeon or a qualified health 31 care professional prescriber. As used in this paragraph, 32 “demonstration” does not include the actual teaching, 33 administration, or performance of the respiratory care 34 procedures. 35 -12- LSB 1949HC (1) 85 lh/rj 12/ 163

H.F. _____ Sec. 32. Section 161A.61, subsection 2, unnumbered 1 paragraph 1, Code 2013, is amended to read as follows: 2 The commissioners of the soil and water conservation 3 district in which that a farm unit is located may petition 4 the district court for an appropriate order with respect to 5 that farm unit if its owner or occupant has been sent a notice 6 by the commissioners under subsection 1 , paragraph “b” , for 7 three or more consecutive years. The commissioners’ petition 8 shall seek a court order which states a time not more than six 9 months after the date of the order when the owner or occupant 10 must commence, and a time when the owner or occupant must 11 complete the steps necessary to comply with the order. The 12 time allowed to complete the establishment of a temporary soil 13 and water conservation practice employed to comply or advance 14 toward compliance with the court’s order shall be not more than 15 one year after the date of that order, and the time allowed 16 to complete the establishment of a permanent soil and water 17 conservation practice employed to comply with the court’s 18 order shall be not more than five years after the date of that 19 order. Section 161A.48 applies to a court order issued under 20 this subsection . The steps required of the farm unit owner or 21 operator by the court order are those which are necessary to 22 do one of the following: 23 Sec. 33. Section 203.10, subsection 1, paragraph c, Code 24 2013, is amended to read as follows: 25 c. The expiration of the license according to the terms 26 of the license as provided in this chapter , including a rule 27 adopted in accordance with this chapter , pursuant to chapter 28 17A . 29 Sec. 34. Section 203C.10, subsection 1, paragraph c, Code 30 2013, is amended to read as follows: 31 c. The expiration of the license according to the terms 32 of the license as provided in this chapter , including a rule 33 adopted in accordance with this chapter , pursuant to chapter 34 17A . 35 -13- LSB 1949HC (1) 85 lh/rj 13/ 163

H.F. _____ Sec. 35. Section 203C.16, subsection 3, Code 2013, is 1 amended to read as follows: 2 3. a. The storage of bulk grain by more than one person, 3 if all of the following apply: 4 a. (1) The bulk grain was jointly produced by all persons 5 storing the grain. As used in this subsection , “jointly 6 produced” includes but is not limited to grain owned by a 7 landlord who receives a share of agricultural products as rent. 8 b. (2) The bulk grain is stored on the property owned or 9 leased by one of the persons jointly producing the grain. 10 c. (3) No person other than persons jointly producing the 11 grain owns the stored bulk grain. 12 b. As used in this subsection, “jointly produced” includes 13 but is not limited to grain owned by a landlord who receives a 14 share of agricultural products as rent. 15 Sec. 36. Section 207.2, subsection 10, Code 2013, is amended 16 to read as follows: 17 10. “Prime farmland” means the same as prescribed by the 18 United States department of agriculture pursuant to 7 C.F.R. § 19 567.5(a) 657.5(a) . 20 Sec. 37. Section 208A.1, Code 2013, is amended to read as 21 follows: 22 208A.1 Definitions. 23 As used in this chapter , unless the context or subject matter 24 otherwise requires: (1) 25 1. “Antifreeze” shall include all substances and 26 preparations intended for use as the cooling medium, or to be 27 added to the cooling liquid, in the cooling system of internal 28 combustion engines to prevent freezing of the cooling liquid or 29 to lower its freezing point ; and (2) “person” . 30 2. “Person” shall include individuals, partnerships, 31 corporations, companies, and associations. 32 Sec. 38. Section 208A.2, Code 2013, is amended to read as 33 follows: 34 208A.2 What deemed adulterated. 35 -14- LSB 1949HC (1) 85 lh/rj 14/ 163

H.F. _____ An antifreeze shall be deemed to be adulterated if either of 1 the following apply : (1) If it 2 1. It consists in whole or in part of any substance which 3 will render it injurious to the cooling system of an internal 4 combustion engine or will make the operation of the engine 5 dangerous to the user ; or (2) if its . 6 2. Its strength, quality, or purity falls below the standard 7 of strength, quality, or purity under which it is sold. 8 Sec. 39. Section 208A.3, Code 2013, is amended to read as 9 follows: 10 208A.3 What deemed misbranded. 11 An antifreeze shall be deemed to be misbranded if either of 12 the following apply : (1) If its 13 1. Its labeling is false or misleading in any particular ; 14 or (2) if in . 15 2. In package form it does not bear a label containing the 16 name and place of business of the manufacturer, packer, seller , 17 or distributor and an accurate statement of the quantity of the 18 contents in terms of weight or measure on the outside of the 19 package. 20 Sec. 40. Section 214A.1, subsection 17, Code 2013, is 21 amended by striking the subsection. 22 Sec. 41. Section 215.7, subsection 2, Code 2013, is amended 23 to read as follows: 24 2. The person makes a settlement for or enters a credit, 25 based upon any false weight or measurement, for any commodity 26 purchased. 27 Sec. 42. Section 217.17, Code 2013, is amended to read as 28 follows: 29 217.17 Administrator of division of planning. 30 The administrator of the division of planning, research, 31 and statistics shall be qualified in the general field of 32 governmental planning with special training and experience in 33 the areas of preparation and development of plans for future 34 efficient reorganization and administration of government 35 -15- LSB 1949HC (1) 85 lh/rj 15/ 163

H.F. _____ social functions. The administrator of the division of 1 planning, research, and statistics shall cooperate with 2 the administrators of the other divisions of the department 3 of human services , assisting them and the director of the 4 department in their planning, research, and statistical 5 problems. The administrator of the division of planning, 6 research, and statistics shall assist the administrators, 7 director, and the council on human services by proposing 8 administrative and organizational changes at both the state 9 and local level to provide more efficient and integrated 10 social services to the citizens of this state. The planning, 11 research, and statistical operations now forming an 12 integral part of the present state functions assigned to the 13 administrators of this department along with their future needs 14 in this regard are all assigned to and shall be administered by 15 the administrator of this the division. 16 Sec. 43. Section 217.30, subsection 2, Code 2013, is amended 17 to read as follows: 18 2. Information described in subsection 1 shall not be 19 disclosed to or used by any person or agency except for 20 purposes of administration of the programs of services or 21 assistance, and shall not in any case, except as otherwise 22 provided in subsection 4 , paragraph “b” , be disclosed to or 23 used by persons or agencies outside the department unless they 24 are subject to standards of confidentiality comparable to those 25 imposed on the department by this division section . 26 Sec. 44. Section 217.31, unnumbered paragraph 2, Code 2013, 27 is amended to read as follows: 28 Any reasonable grounds that a public employee has violated 29 any provision of this division section 217.30 shall be grounds 30 for immediate removal from access of any kind to confidential 31 records or suspension from duty without pay. 32 Sec. 45. Section 222.13, subsection 1, Code 2011, as amended 33 by 2012 Iowa Acts, chapter 1120, section 70, is amended to read 34 as follows: 35 -16- LSB 1949HC (1) 85 lh/rj 16/ 163

H.F. _____ 1. If an adult person is believed to be a person with mental 1 retardation, the adult person or the adult person’s guardian 2 may submit a request in writing through the central point of 3 coordination process for the county board of supervisors of the 4 adult person’s county of residence in writing to apply to the 5 superintendent of any state resource center for the voluntary 6 admission of the adult person either as an inpatient or an 7 outpatient of the resource center. The board of supervisors 8 shall, on forms prescribed by the department’s administrator, 9 apply to the superintendent of the resource center in the 10 district for the admission of the adult person to the resource 11 center. An application for admission to a special unit of any 12 adult person believed to be in need of any of the services 13 provided by the special unit under section 222.88 may be made 14 in the same manner, upon request of the adult person or the 15 adult person’s guardian. The superintendent shall accept the 16 application if a preadmission diagnostic evaluation, performed 17 through the central point of coordination process, confirms or 18 establishes the need for admission, except that an application 19 shall not be accepted if the institution does not have adequate 20 facilities available or if the acceptance will result in an 21 overcrowded condition. 22 Sec. 46. Section 222.27, Code 2013, is amended to read as 23 follows: 24 222.27 Hearing in public. 25 Hearings shall be public, unless otherwise requested by 26 the parent, guardian, or other person having the custody of 27 the person with an intellectual disability, or if the judge 28 considers , a closed hearing in the best interests of the person 29 with an intellectual disability. 30 Sec. 47. Section 225.10, Code 2013, is amended to read as 31 follows: 32 225.10 Voluntary public patients. 33 Persons suffering from mental diseases may be admitted to 34 the state psychiatric hospital as voluntary public patients as 35 -17- LSB 1949HC (1) 85 lh/rj 17/ 163

H.F. _____ follows: Any if a physician authorized to practice medicine 1 or osteopathic medicine in the state of Iowa may file files 2 information with the board of supervisors of the person’s 3 county of residence or the board’s designee, stating that all 4 of the following: 5 1. That the physician has examined the person and finds that 6 the person is suffering from some abnormal mental condition 7 that can probably be remedied by observation, treatment, and 8 hospital care ; that . 9 2. That the physician believes it would be appropriate for 10 the person to enter the state psychiatric hospital for that 11 purpose and that the person is willing to do so ; and that . 12 3. That neither the person nor those legally responsible for 13 the person are able to provide the means for the observation, 14 treatment, and hospital care. 15 Sec. 48. Section 225C.4, subsection 1, paragraph o, Code 16 2013, is amended to read as follows: 17 o. Recommend to the commission minimum accreditation 18 standards for the maintenance and operation of community mental 19 health centers, services, and programs under section 230A.16 20 230A.110 . The administrator’s review and evaluation of the 21 centers, services, and programs for compliance with the adopted 22 standards shall be as provided in section 230A.17 230A.111 . 23 Sec. 49. Section 225C.6, subsection 1, paragraph c, Code 24 2013, is amended to read as follows: 25 c. Adopt standards for community mental health centers, 26 services, and programs as recommended under section 230A.16 27 230A.110 . The administrator shall determine whether to grant, 28 deny, or revoke the accreditation of the centers, services, and 29 programs. 30 Sec. 50. Section 225C.15, Code 2013, is amended to read as 31 follows: 32 225C.15 County implementation of evaluations. 33 The board of supervisors of a county shall, no later than 34 July 1, 1982, require that the policy stated in section 225C.14 35 -18- LSB 1949HC (1) 85 lh/rj 18/ 163