What changed in HF 739

Section 1. Section 7C.12, subsection 2, unnumbered paragraph 1, Code 2021, is amended to read as follows: In addition to the powers and duties specified in sections 7C.1 to through 7C.11, the governor’s designee:

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2. Section 9G.6, subsection 1, Code 2021, is amended to read as follows:

1. No patents Patents shall not be issued for any lands belonging to the state, except upon the certificate of the person or officer specially charged with the custody of the same patents, setting forth the appraised value per acre, the name of person to whom sold, the date of sale, the price per acre, the amount paid, the name of the person making final payment, and the name of the person who is entitled to the patent, and, if thus. If a person is entitled by to a patent due to an assignment from the original purchaser, setting the certificate shall set forth fully such the assignment, which certificate and shall be filed and preserved in the land office.

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3. Section 10.1, subsection 17, paragraph b, Code 2021, is amended to read as follows:

b. As used in paragraph “a”, a type of membership interest in a limited liability company includes any of the following:

(1) (a) A series as provided in chapter 489, article 12.

(b) This subparagraph is repealed on July 1, 2021.

(2) A a protected series of a series limited liability company as provided in chapter 489, article 14.

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4. Section 10.10, subsection 1, paragraph c, subparagraph (2), Code 2021, is amended to read as follows:

(2) As used in subparagraph (1), a type of membership interest in a limited liability company includes any of the following:

(a) (i) A series as provided in chapter 489, article 12.

(ii) This subparagraph division is repealed on July 1, 2021.

(b) A a protected series of a series limited liability company as provided in chapter 489, article 14.

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5. Section 12B.14, Code 2021, is amended to read as follows: 12B.14 False statements or reports. Any officer or other person making a false statement or report or in any manner violating any of the provisions of sections 12B.10 to through 12B.13 shall be guilty of a fraudulent practice.

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6. Section 15.108, subsection 1, paragraph b, Code 2021, is amended to read as follows:

b. Provide staff assistance to the corporation formed under authority of sections 15E.11 to through 15E.16 to receive and disburse funds to further the overall development and well-being of the state.

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7. Section 15.335, subsection 4, paragraph a, Code 2021, is amended to read as follows:

a. In lieu of the credit amount computed in subsection 2, an eligible business may elect to compute the credit amount for qualified research expenses incurred in this state in a manner consistent with the alternative simplified credit described in section 41(c)(4) of the Internal Revenue Code. The taxpayer may make this election regardless of the method used for the taxpayer’s federal income tax. The election made under this paragraph is for the tax year and the taxpayer may use another or the same method for any subsequent tax year.

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8. Section 15.335, subsection 8, Code 2021, is amended to read as follows:

8. Any credit in excess of the tax liability for the taxable year shall be refunded with interest in accordance with section 421.60, subsection 2, paragraph “e”. In lieu of claiming a refund, a taxpayer may elect to have the overpayment shown on its final, completed return credited to the tax liability for the following tax year.

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9. Section 15.354, subsection 2, paragraph d, Code 2021, is amended to read as follows:

d. An applicant that does not receive a tax incentive award during an application period may make additional applications during subsequent application periods. Such applicant shall be required to submit a new application and, which shall be competitively reviewed and scored in the same manner as other applicants applications in that application period.

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10. Section 20.10, subsection 3, paragraph f, Code 2021, is amended to read as follows:

f. Violate the provisions of sections 732.1 to through 732.3, which are hereby made applicable to public employers, public employees, and employee organizations.

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11. Section 20.19, subsection 1, Code 2021, is amended to read as follows:

1. As the first step in the performance of their duty to bargain, the public employer and the employee organization shall endeavor to agree upon impasse procedures. Such agreement shall provide for implementation of these impasse procedures not later than one hundred twenty days prior to the certified budget submission date of the public employer. However, if public employees represented by the employee organization are teachers licensed under chapter 272, and the public employer is a school district or area education agency, the agreement shall provide for implementation of impasse procedures not later than one hundred twenty days prior to May 31 of the year when the collective bargaining agreement is to become effective. If the public employer is a community college, the agreement shall provide for implementation of impasse procedures not later than one hundred twenty days prior to May 31 of the year when the collective bargaining agreement is to become effective. If the public employer is not subject to the budget certification requirements of section 24.17 and other applicable sections, the agreement shall provide for implementation of impasse procedures not later than one hundred twenty days prior to the date the next fiscal or budget year of the public employer commences. If the parties fail to agree upon impasse procedures under the provisions of this section, the impasse procedures provided in sections 20.20 to and 20.22 shall apply.

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12. Section 24.3, unnumbered paragraph 1, Code 2021, is amended to read as follows: No A municipality shall not certify or levy in any fiscal year any tax on property subject to taxation unless and until the following estimates have been made, filed, and considered, as hereinafter provided in this chapter:

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13. Section 24.9, subsection 2, Code 2021, is amended to read as follows:

2. Budget estimates adopted and certified in accordance with this chapter may be amended and increased as the need arises to permit appropriation and expenditure during the fiscal year covered by the budget of unexpended cash balances on hand at the close of the preceding fiscal year and which cash balances had not been estimated and appropriated for expenditure during the fiscal year of the budget sought to be amended, and also to permit appropriation and expenditure during the fiscal year covered by the budget of amounts of cash anticipated to be available during the year from sources other than taxation and which had not been estimated and appropriated for expenditure during the fiscal year of the budget sought to be amended. Such amendments to budget estimates may be considered and adopted at any time during the fiscal year covered by the budget sought to be amended, by filing the amendments and upon publishing them and giving notice of the public hearing in the manner required in this section. Within ten days of the decision or order of the certifying or levying board, the proposed amendment of the budget is subject to protest, hearing on the protest, appeal to the state appeal board and review by that body, all in accordance with sections 24.27 to through 24.32, so far as applicable. A local budget shall be amended by May 31 of the current fiscal year to allow time for a protest hearing to be held and a decision rendered before June 30. An amendment of a budget after May 31 which is properly appealed but without adequate time for hearing and decision before June 30 is void. Amendments to budget estimates accepted or issued under this section are not within section 24.14.

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14. Section 24.24, Code 2021, is amended to read as follows: 24.24 Violations. Failure on the part of a public official to perform any of the duties prescribed in chapter 73A, and this chapter, and sections section 8.39, and sections 11.1 to, 11.2, 11.4, and 11.5, constitutes a simple misdemeanor, and is sufficient ground for removal from office.

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15. Section 29B.1, Code 2021, is amended to read as follows: 29B.1 Persons subject to code —— definitions —— short title.

1. This chapter applies to all members of the state military forces performing national guard duty or state active duty, while not on federal active duty. In addition, this chapter applies to all members of the state military forces who commit an offense during travel to or from the member’s duty location or during intervals between consecutive periods of duty on the same day or on consecutive days in which the victim of the offense is another member of the state military forces.

2. As used in this chapter, unless the context otherwise requires, “state military forces” has the same meaning as in section 29A.6, and “code”:

a. “Code” means this chapter, which may be cited as the “Iowa Code of Military Justice”.

b. “State military forces” means the same as defined in section 29A.6.

3. This chapter may be cited as the “Iowa Code of Military Justice”.

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16. Section 34A.2, subsections 8 and 14, Code 2021, are amended to read as follows:

8. “Competitive local exchange service provider” means the same as defined in section 476.96 any person, including a municipal utility, that provides local exchange services, other than a local exchange carrier or a non-rate-regulated wireline provider of local exchange services under an authorized certificate of public convenience and necessity within a specific geographic area described in maps filed with and approved by the Iowa utilities board as of September 30, 1992.

14. “Local exchange carrier” means the same as defined in section 476.96 any person that was the incumbent and historical rate-regulated wireline provider of local exchange services or any successor to such person that provides local exchange services under an authorized certificate of public convenience and necessity within a specific geographic area described in maps filed with and approved by the Iowa utilities board as of September 30, 1992.

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17. Section 35C.4, Code 2021, is amended to read as follows: 35C.4 Mandamus —— judicial review. A refusal to allow said the preference granted under this chapter, or a reduction of the salary for said a position with intent to bring about the resignation or discharge of the incumbent, shall entitle the applicant or incumbent, as the case may be, to maintain an action of mandamus to right the wrong. At their election such parties The applicant or incumbent may elect, in the alternative, to maintain an action for judicial review in accordance with the terms of the Iowa administrative procedure Act, chapter 17A, if that is otherwise applicable to their case. An action of mandamus shall be filed by an applicant or incumbent within three hundred days after a refusal to allow said the preference, or a reduction of the salary for said a position with intent to bring about the resignation or discharge of the incumbent.

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18. Section 37.26, Code 2021, is amended to read as follows: 37.26 General powers. For the purpose of carrying out the provisions of sections 37.22 to through 37.25, the commission shall have authority to receive and to convey title to real estate, to take mortgage or other security and to release or transfer the same.

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19. Section 37.27, Code 2021, is amended to read as follows: 37.27 Nursing homes with memorial hospitals. If a memorial building has been constructed for the purpose of a hospital pursuant to this chapter, additions for hospital purposes, and nursing homes to be operated in conjunction with the hospital may be erected or acquired by following the procedure outlined in chapter 347 and by issuing general county purpose bonds in accordance with sections 331.441 to through 331.449, with the commissioners acting in the same manner and fashion as the hospital trustees under chapter 347, and with the procedure in all other respects to be identical.

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20. Section 43.3, Code 2021, is amended to read as follows: 43.3 Offices affected by primary. Candidates of all political parties for all offices which are filled at a regular biennial election by direct vote of the people shall be nominated at a primary election at the time and in the manner hereinafter directed in this chapter.

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21. Section 43.13, Code 2021, is amended to read as follows: 43.13 Failure to file nomination papers. The name of a candidate for any office named in section 43.11 shall not be printed on the official primary ballot of the candidate’s party unless nomination papers are filed as therein provided in section 43.11 except as otherwise permitted by section 43.23.

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22. Section 43.46, Code 2021, is amended to read as follows: 43.46 Delivering returns. The precinct election officials shall deliver all election supplies, by noon of the day after the close of the polls, to the commissioner who shall carefully preserve them and deliver the returns in the condition in which received except as is otherwise required by sections 50.20 to through 50.22, to the county board of supervisors.

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23. Section 43.108, Code 2021, is amended to read as follows: 43.108 Organization of state convention —— proxies prohibited. The convention shall be called to order by the chairperson of the state central committee, or that individual’s designee, who shall thereupon present a list of delegates, as certified by the various county conventions, and effect a temporary organization. If any county shall is not be fully represented, the delegates present from such that county shall cast the full vote thereof of the county if the rules of the convention, or party bylaws or constitution so allow, and there shall be no proxies.

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24. Section 44.10, Code 2021, is amended to read as follows: 44.10 Effect of withdrawal. No The name so of a candidate who has withdrawn the candidate’s nomination as provided in section 44.9 shall not be printed on the official ballot under such that nomination.

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25. Section 48A.5, subsection 4, paragraph a, Code 2021, is amended to read as follows:

a. Comply with all applicable requirements of sections 53.37 to through 53.53 relating to absentee ballots for members of the armed forces and other citizens living outside the United States.

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26. Section 54.8, subsection 2, Code 2021, is amended to read as follows:

2. Except as otherwise provided by law of this state outside of this chapter, each elector shall present both completed ballots to the state commissioner who shall examine the ballots and accept and cast all ballots of electors whose votes are consistent with their pledges executed under section 54.5 or 54.7. Except as otherwise provided by law of this state outside of this chapter, the state commissioner shall not accept and shall not count an elector’s presidential and vice presidential ballots if the elector has not marked both ballots or has marked one a ballot in violation of the elector’s pledge.

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27. Section 74.2, Code 2021, is amended to read as follows: 74.2 Endorsement and interest.

1. If a warrant other than an anticipatory warrant is presented for payment, and is not paid for want of funds, or is only partially paid, the treasurer shall endorse the fact thereon on the warrant, with the date of presentation, and sign the endorsement, and thereafter the. After the date of presentation, the warrant or the balance due thereon, on the warrant shall bear interest at the rate specified in section 74A.2.

2. An anticipatory warrant issued under the authority of section 74.1, subsection 1, shall bear interest at a rate determined by the issuing governmental body, but not exceeding that permitted by chapter 74A.

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28. Section 80.4, subsection 3, Code 2021, is amended to read as follows:

3. The aforesaid allocation of duties described in this section shall not be interpreted to prevent flexibility in interdepartmental operations or to forbid other divisional allocations of duties in the discretion of the commissioner.

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29. Section 80.5, subsection 1, Code 2021, is amended to read as follows:

1. It shall be the duty of the department to prevent crime, to detect and apprehend criminals, and to enforce such other laws as are hereinafter specified.

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30. Section 80.9A, subsection 6, unnumbered paragraph 1, Code 2021, is amended to read as follows: A peace officer of the department shall not exercise the general powers of a peace officer within the limits of any city, except as follows:

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31. Section 80B.13, subsections 3 and 9, Code 2021, are amended to read as follows:

3. Issue certificates to law enforcement officers, reserve peace officers, and jailers who have met the requirements of this chapter and rules adopted under chapter 17A relative to hiring and training standards.

9. In accordance with chapter 17A, conduct investigations, hold hearings, appoint administrative law judges, administer oaths, and issue subpoenas enforceable in district court on matters relating to the revocation or suspension of a law enforcement officer’s or reserve peace officer’s certification.

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32. Section 84A.2, subsection 5, paragraph c, Code 2021, is amended to read as follows:

c. Sections 1 to through 13 of the federal Wagner-Peyser Act, as codified at 29 U.S.C. §49 et seq., relating to employment services.

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33. Section 85.31, subsection 3, Code 2021, is amended to read as follows:

3. If the employee leaves dependents only partially dependent upon the employee’s earnings for support at the time of the injury, the weekly compensation to be paid as aforesaid, provided in subsections 1 and 2 shall be equal to the same proportion of the weekly payments for the benefit of persons wholly dependent as the amount contributed by the employee to such partial dependents bears to the annual earnings of the deceased at the time of the injury.

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34. Section 85.34, subsection 2, paragraph v, Code 2021, is amended to read as follows:

v. In all cases of permanent partial disability other than those hereinabove described or referred to in paragraphs “a” through “u” hereof, the compensation shall be paid during the number of weeks in relation to five hundred weeks as the reduction in the employee’s earning capacity caused by the disability bears in relation to the earning capacity that the employee possessed when the injury occurred. A determination of the reduction in the employee’s earning capacity caused by the disability shall take into account the permanent partial disability of the employee and the number of years in the future it was reasonably anticipated that the employee would work at the time of the injury. If an employee who is eligible for compensation under this paragraph returns to work or is offered work for which the employee receives or would receive the same or greater salary, wages, or earnings than the employee received at the time of the injury, the employee shall be compensated based only upon the employee’s functional impairment resulting from the injury, and not in relation to the employee’s earning capacity. Notwithstanding section 85.26, subsection 2, if an employee who is eligible for compensation under this paragraph returns to work with the same employer and is compensated based only upon the employee’s functional impairment resulting from the injury as provided in this paragraph and is terminated from employment by that employer, the award or agreement for settlement for benefits under this chapter shall be reviewed upon commencement of reopening proceedings by the employee for a determination of any reduction in the employee’s earning capacity caused by the employee’s permanent partial disability.

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35. Section 85.37, subsection 1, Code 2021, is amended to read as follows:

1. If an employee receives a personal injury causing temporary total disability, or causing a permanent partial disability for which compensation is payable during a healing period, compensation for the temporary total disability or for the healing period shall be upon the basis provided in this section. The weekly benefit amount payable to any employee for any one week shall be upon the basis of eighty percent of the employee’s weekly spendable earnings, but shall not exceed an amount, rounded to the nearest dollar, equal to sixty-six and two-thirds two hundred percent of the statewide average weekly wage paid employees as determined by the department of workforce development under section 96.1A, subsection 35, and in effect at the time of the injury. However, as of July 1, 1981, the maximum weekly benefit amount rounded to the nearest dollar shall be increased so that it equals two hundred percent of the statewide average weekly wage as determined in this section. Total weekly compensation for any employee shall not exceed eighty percent per week of the employee’s weekly spendable earnings. The minimum weekly benefit amount shall be equal to the weekly benefit amount of a person whose gross weekly earnings are thirty-five percent of the statewide average weekly wage, or to the spendable weekly earnings of the employee, whichever are less.

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36. Section 85.61, subsection 1, Code 2021, is amended to read as follows:

1. The word “court” wherever used in this chapter and chapters 86 and 87, unless the context shows otherwise, shall be taken to mean means the district court.

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37. Section 85.61, subsection 11, paragraph b, Code 2021, is amended to read as follows:

b. The term “worker” or “employee” shall include the singular and plural. Any reference to a worker or employee who has been injured shall, when such worker or employee is dead, include the worker’s or employee’s dependents as herein defined in this chapter or the worker’s or employee’s legal representatives; and where the worker or employee is a minor or incompetent, it shall include the minor’s or incompetent’s incompetent person’s guardian, next friend, or trustee. Notwithstanding any law prohibiting the employment of minors, all minor employees shall be entitled to the benefits of this chapter and chapters 86 and 87 regardless of the age of such minor employee.

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38. Section 85.65A, subsection 2, Code 2021, is amended to read as follows:

2. Prior to July 1 of each fiscal year commencing on or after July 1, 1999, the commissioner of insurance shall conduct an examination of the outstanding liabilities of the second injury fund and shall make a determination as to whether sufficient funds will be available in the second injury fund to pay the liabilities of the fund for each of the next two fiscal years. If the commissioner of insurance determines sufficient funds will be available, the commissioner shall not impose a surcharge on employers during the next succeeding fiscal year. If the commissioner determines sufficient funds will not be available, the commissioner shall impose by rule, pursuant to chapter 17A, a surcharge on employers during the next succeeding fiscal year for payment to the treasurer of state for the second injury fund pursuant to the requirements of this section.

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39. Section 85A.3, Code 2021, is amended to read as follows: 85A.3 Employees covered. All employees as defined by the workers’ compensation law of Iowa employed in any business or industrial process hereinafter designated and described in this chapter and who in the course of their employment are exposed to an occupational disease as herein defined in this chapter are subject to the provisions of this chapter.

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40. Section 85A.11, subsections 1 and 2, Code 2021, are amended to read as follows:

1. When If any employee is clinically diagnosed as having brucellosis (undulant fever), it the employee shall not be considered that the employee has to have the disease unless the clinical diagnosis is confirmed by either of the following:

a. A positive blood culture for brucella organisms, or.

b. A positive agglutination test which must be verified by not less than two successive positive agglutination tests, each of which tests shall be positive in a titer of one to one hundred sixty or higher. Said The subsequent agglutination tests must be made of specimens taken not less than seven nor more than ten days after each preceding test.

2. The specimens for the tests required herein by this section must be taken by a licensed practicing physician or osteopathic physician, and immediately delivered to the state hygienic laboratory of the Iowa department of public health at Iowa City, and each such. Each specimen shall be in a container upon which is plainly printed the name and address of the subject, the date when the specimen was taken, the name and address of the subject’s employer, and a certificate by the physician or osteopathic physician that the physician took the specimen from the named subject on the date stated over the physician’s signature and address.

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41. Section 85A.13, subsection 3, Code 2021, is amended to read as follows:

3. Pneumoconiosis complicated with other diseases. In case of disability or death from pneumoconiosis complicated with tuberculosis of the lungs, compensation shall be payable as for uncomplicated pneumoconiosis, provided, however, that the pneumoconiosis was an essential factor in causing such disability or death. In case of disability or death from pneumoconiosis complicated with any other disease, or from any other disease complicated with pneumoconiosis, the compensation shall be reduced as herein provided in this chapter.

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42. Section 86.12, subsection 1, Code 2021, is amended to read as follows:

1. The workers’ compensation commissioner may require any employer to supply the information required by section 86.10 or to file a report required by section 86.11 or 86.13 or by agency rule, by written demand sent to the employer’s last known address. Upon failure to supply such information or file such report within thirty days, the employer may be ordered to appear and show cause why the employer should not be subject to assessment of one thousand dollars for each occurrence. Upon such hearing, the workers’ compensation commissioner shall enter a finding of fact and may enter an order requiring such assessment to be paid into the second injury fund created by sections 85.63 to through 85.69. In the event the assessment is not voluntarily paid within thirty days, the workers’ compensation commissioner may file a certified copy of such finding and order with the clerk of the court for the district in which the employer maintains a place of business. If the employer maintains no place of business in this state, service shall be made as provided in chapter 85 for nonresident employers. In such case the finding and order may be filed in any court of competent jurisdiction within this state.

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43. Section 89A.2, subsection 1, paragraph f, unnumbered paragraph 1, Code 2021, is amended to read as follows: A conveyance An elevator installed in a building in a federally designated national historic district as long as each of the following conditions is met:

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44. Section 89A.2, subsection 2, Code 2021, is amended to read as follows:

2. Provisions of this chapter supersede conflicting provisions contained in building codes of this state or any subdivision thereof of this state.

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45. Section 89A.6, subsections 4 and 6, Code 2021, are amended to read as follows:

4. The inspections required by subsections 1 to through 3 shall be made only by inspectors or special inspectors. An inspection by a special inspector may be accepted by the commissioner in lieu of a required inspection by an inspector.

6. In addition to the inspections required by subsections 1 to through 3, the safety board may provide by rule for additional inspections as the safety board deems necessary to enforce the provisions of this chapter.

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46. Section 91A.12, subsection 1, Code 2021, is amended to read as follows:

1. Any employer who violates the provisions of this chapter or the rules promulgated under it shall be subject to a civil money penalty of not more than five hundred dollars per pay period for each violation. The commissioner may recover such civil money penalty according to the provisions of subsections 2 to through 5. Any civil money penalty recovered shall be deposited in the general fund of the state.

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47. Section 96.9, subsection 4, paragraph b, Code 2021, is amended to read as follows:

b. Money requisitioned as provided herein in this subsection for the payment of expenses of administration shall be deposited in the employment security administration fund, but, until expended, shall remain a part of the unemployment compensation fund. The treasurer of state shall maintain a separate record of the deposit, obligation, expenditure, and return of funds so deposited. Any money so deposited which either will not be obligated within the period specified by the appropriation law or remains unobligated at the end of the period, and any money which has been obligated within the period but will not be expended, shall be returned promptly to the account of this state in the unemployment trust fund.

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48. Section 96.26, Code 2021, is amended to read as follows: 96.26 Moneys received. The department is authorized to accept, receive, and receipt for all moneys received from the United States for the payments authorized by sections section 96.25 to, this section, section 96.27, and section 96.28 for lands and buildings and to comply with any rules made under the Social Security Act or the Wagner-Peyser Act.

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49. Section 96.28, Code 2021, is amended to read as follows: 96.28 Deposit of funds. All moneys received from the United States for the payments authorized by sections 96.25 to through 96.27 for lands and buildings shall be deposited in the employment security administration fund in the state treasury and are appropriated therefrom for the purposes of this chapter.

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50. Section 97.50, subsections 1 and 2, Code 2021, are amended to read as follows:

1. Any person being paid any benefits under the provisions of sections 97.13 to through 97.18, Code 1950, as amended, as of June 30, 1953, shall continue to receive such benefits as though that chapter had not been repealed.

2. Any person who became entitled to any benefits under the provisions of sections 97.13 to through 97.19, Code 1950, as amended, through the retirement or death of any person prior to June 30, 1953, shall be paid the same benefits upon proper application, subsequent to June 30, 1953, as though that chapter had not been repealed.

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51. Section 97.53, Code 2021, is amended to read as follows: 97.53 Rule of construction. As used in sections 97.50 to through 97.52, unless clearly indicated by the context to the contrary, all references to employment or service refer to employment or service in Iowa public employment.

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52. Section 97B.1A, subsection 1, Code 2021, is amended to read as follows:

1. “Abolished system” means the Iowa old-age and survivors’ insurance system repealed by sections 97.50 to through 97.53.

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53. Section 97B.43, subsection 1, Code 2021, is amended to read as follows:

1. Each member in service on July 4, 1953, who made contributions under the abolished system, and who has not applied for and qualified for benefit payments under the abolished system, shall receive credit for years of prior service in the determination of retirement allowance payments under this chapter, if the member elects to become a member on or before October 1, 1953, the member has not made application for a refund of the part of the member’s contributions under the abolished system which are payable under sections 97.50 to through 97.53, and the member gives written authorization prior to October 1, 1953, to the commission to credit to the retirement fund the amount of the member’s contribution which would be subject to a claim for refund. The amount so credited shall, after transfer, be considered as a contribution to the retirement system made as of July 4, 1953, by the member and shall be included in the determination of the amount of moneys payable under this chapter. However, an employee who was under a contract of employment as a teacher in the public schools of the state of Iowa at the end of the school year 1952-1953, or any person covered by section 97B.1A, subsection 20, paragraph “c” or “d”, shall be considered as in service as of July 4, 1953, if they were members of the abolished system.

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54. Section 97B.56, Code 2021, is amended to read as follows: 97B.56 Abolished system —— liquidation fund. The assets of the old-age and survivors’ liquidation fund, established by sections 97.50 to through 97.53 and any future payments or assets payable to the old-age and survivors’ liquidation fund, are hereby transferred to the retirement fund, and all payments hereafter due in accordance with the provisions of said sections shall be paid from the retirement fund.

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55. Section 99.1A, Code 2021, is amended to read as follows: 99.1A Houses of prostitution or other nuisances.

1. Whoever shall erect, establish, continue, maintain, use, own, or lease A person who erects, establishes, continues, maintains, uses, owns, or leases any building, erection, or place used for the purpose of prostitution or gambling, except as authorized under the laws of this state is guilty of a nuisance, and the. The building, erection, or place, or the ground itself, in or upon which such prostitution or gambling is conducted, permitted, or carried on, continued, or exists, and the furniture, fixtures, musical instruments, and movable property used in conducting or maintaining such the nuisance, are also declared a nuisance and shall be enjoined and abated as hereinafter provided in this chapter.

2. The provisions of this section do not apply to social and charitable gambling conducted pursuant to chapter 99B or to devices lawful under section 99B.52 or 99B.53.

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56. Section 99F.7A, subsection 3, Code 2021, is amended to read as follows:

3. A licensee under this section may enter into operating agreements with one or two entities to have up to a total of two individually branded internet sites to conduct advance deposit sports wagering for the licensee, unless one additional operating agreement or individually branded internet site is authorized by the commission. However, a person shall not sell, grant, assign, or turn over to another person the operation of an individually branded internet site to conduct advance deposit sports wagering for the licensee without the approval of the commission. This section does not prohibit an agreement entered into between a licensee under this section and an advanced deposit sports wagering operator as approved by the commission.

a. Hemp as defined in section 204.2 that is or was produced in this state, or was produced in another state, in accordance with the provisions of chapter 204 with a maximum delta-9 tetrahydrocannabinol concentration that does not exceed three-tenths of one percent on a dry weight basis.

b. A hemp product as provided in chapter 204 with a maximum delta-9 tetrahydrocannabinol concentration that does not exceed three-tenths of one percent on a dry weight basis.

a. 645 IAC 326.1 regarding the following terms:

(1) “Physician”.

(2) “Physician assistant”.

(3) “Supervising physician”.

(4) “Supervision”.

b. 645 IAC 326.2(1)(f).

c. 645 IAC 326.4(6).

d. 645 IAC 326.8.

e. 645 IAC 326.19(3)(b)(3).

f. 645 IAC 327.1(1)(s)(1) – (4).

g. 645 IAC 327.1(1)(u).

h.

e. 645 IAC 327.1(1) (z) (v).

i.

f. 645 IAC 327.4(1)(b)(2) – (4).

j.

g. 645 IAC 327.4(2).

k. 645 IAC 327.6(1)(d).

a. Complete oral prophylaxis, application.

b. Application of preventive agents to oral structures, exposure.

c. Exposure and processing of radiographs, administration.

d. Administration of medicaments prescribed by a licensed dentist, obtaining.

e. Obtaining and preparing nonsurgical, clinical and oral diagnostic tests for interpretation by the dentist, and preparation.

f. Preparation of preliminary written records of oral conditions for interpretation by the dentist.

2. Such services, except educational services, shall be performed under supervision of a licensed dentist but nothing herein in this section shall be construed to authorize a dental hygienist to practice dentistry.

3. Educational services shall be limited to assessing the following:

a. Assessing the need for, planning, implementing, and evaluating oral health education programs for individual patients and community groups; and conducting.

b. Conducting workshops and in-service training sessions on dental health for nurses, school personnel, institutional staff, community groups, and other agencies providing consultation and technical assistance for promotional, preventive, and educational services.

d. In all such investigations and hearings pertaining to the suspension or revocation of licenses or registrations, the board and any person affected thereby may have the benefit of counsel, and upon. Upon the request of the licensee or registrant or the licensee’s or registrant’s counsel, the board shall issue subpoenas for the attendance of such witnesses in behalf of the licensee or registrant, which. The subpoenas when issued shall be delivered to the licensee or registrant or the licensee’s or registrant’s counsel. Such subpoenas for the attendance of witnesses shall be effective if served upon the person named therein in the subpoena anywhere within this state, provided that, at the time of such service, the fees now or hereafter provided by law for attendance of witnesses in civil cases in district court shall be are paid or tendered to such the person.

e. In case of disobedience of a subpoena lawfully served hereunder under this subsection, the board or any party to such hearing aggrieved thereby may invoke the aid of the district court in the county where such the hearing is being conducted to require the attendance and testimony of such witnesses. Such The district court of the county within which the hearing is being conducted may, in case of contumacy or refusal to obey such the subpoena, issue an order requiring such the person to appear before said the board, and, if so ordered, to give evidence touching the matter involved in the hearing. Any failure to obey such order of the court may be punished by such the court as a contempt thereof.

f. If the licensee or registrant pleads guilty, or after hearing shall be is found guilty by the board of any of the charges made, it the board may suspend for a limited period or revoke the license or registration, and the last renewal thereof of the license or registration, and shall enter the order on its records and. The board shall notify the accused of the revocation or suspension of the person’s license or registration, as the case may be, who and the person shall thereupon forthwith immediately surrender that license or registration to the board. Any such person whose license or registration has been so revoked or suspended shall not thereafter and while such revocation or suspension is in force and effect practice dentistry, dental hygiene, or dental assisting within this state while the revocation or suspension is in force and effect.

2. The department shall adopt all rules necessary to administer this chapter subchapter.

3. The department of agriculture and land stewardship, the department of public health, the department of human services, and the department of inspections and appeals shall cooperate with the department of revenue to administer this chapter subchapter.

1. Before any antifreeze shall be is sold, exposed for sale, or held with intent to sell within this state, a sample thereof of the product must be inspected by the department of agriculture and land stewardship. Upon application of the manufacturer, packer, seller, or distributor and the payment of a fee of twenty dollars for each brand of antifreeze submitted, the department shall inspect the antifreeze submitted. If the antifreeze is not adulterated or misbranded, if it meets the standards of the department, and is not in violation of this chapter, the department shall give the applicant a written permit authorizing the sale of such antifreeze in this state until the formula or labeling of the antifreeze is changed in any manner.

2. If the department shall finds at a later date find that the product to be sold, exposed for sale, or held with intent to sell has been materially altered or adulterated, a change has been made in the name, brand, or trademark under which the antifreeze is sold, or it violates the provisions of this chapter, the department shall notify the applicant and the permit shall be canceled forthwith.

Sec. 102. Section 210.8, Code 2021, is amended to read as follows: 210.8 Sales of dry commodities. All dry commodities unless bought or sold in package or wrapped form shall be bought or sold only by the standard weight or measure herein established in this chapter, or by numerical count, unless the parties otherwise agree in writing, except as provided in sections 210.9 to through 210.12.

Sec. 103. Section 210.18, Code 2021, is amended to read as follows: 210.18 Sales to be by standard weight or measure —— labeling.

1. All commodities bought or sold by weight or measure shall be bought or sold only by the standards established by this chapter, unless the vendor and vendee otherwise agree. Sales by weight shall be by avoirdupois weight unless troy weight is agreed upon by the vendor and vendee.

2. All commodities bought or sold in package form shall be labeled in compliance with the general provisions for labeling provided for in sections section 189.9 to and sections 189.11 through 189.16, unless otherwise provided for in this chapter.

Sec. 104. Section 210.21, Code 2021, is amended to read as follows: 210.21 Violations. It shall be unlawful for any person to manufacture, procure, or keep for the purpose of sale, offer or expose for sale, or sell bread in the form of loaves which are not of one of the weights specified in section 210.19 or violate the rules of the secretary of agriculture pertaining thereto. Any person who, in person or by a servant, or agent, or as the servant or agent of another, shall violate any of the provisions of sections 210.19 to, 210.20, this section, and sections 210.22 through 210.25, shall be guilty of a simple misdemeanor.

Sec. 105. Section 210.23, Code 2021, is amended to read as follows: 210.23 Exception. Any person engaged in home baking is exempt from the provisions of sections 210.19 to through 210.22.

Sec. 106. Section 210.24, Code 2021, is amended to read as follows: 210.24 Enforcement —— rules and regulations. The secretary of agriculture shall enforce the provisions of sections 210.19 to through 210.23, this section, and section 210.25. The secretary shall make rules for the enforcement of the provisions of said sections not inconsistent therewith, and such rules and regulations shall include reasonable variations and tolerances.

Sec. 107. Section 217.3, subsection 5, Code 2021, is amended to read as follows:

5. Insure that all programs administered or services rendered by the department directly to any citizen or through a local board of welfare agency to any citizen are coordinated and integrated so that any citizen does not receive a duplication of services from various departments or local agencies that could be rendered by one department or local agency. If the council finds that such is not the case, it shall hear and determine which department or local agency shall provide the needed service or services and enter an order of their determination by resolution of the council which must be concurred in by at least a majority of the members. Thereafter such order or resolution of the council shall be obeyed by all state departments and local agencies to which it is directed.

Sec. 108. Section 218.31, Code 2021, is amended to read as follows: 218.31 Witnesses. In aid of any investigation the administrator shall have the power to summon and compel the attendance of witnesses; to examine the same witnesses under oath, which the administrator shall have power to administer; to have access to all books, papers, and property material to such investigation, and to order the production of any other books or papers material thereto to the investigation. Witnesses other than those in the employ of the state shall be entitled to the same fees as in civil cases in the district court.

Sec. 109. Section 218.43, Code 2021, is amended to read as follows: 218.43 Deduction to pay court costs. If such wage be wages are paid to a resident pursuant to section 218.42, the administrator in control of such an institution listed in section 218.1 may deduct therefrom from the wages an amount sufficient to pay all or a part of the costs taxed to such the resident by reason of the resident’s commitment to said the institution. In such case the amount so deducted shall be forwarded to the clerk of the district court or proper official.

Sec. 110. Section 218.44, Code 2021, is amended to read as follows: 218.44 Wages paid to dependent —— deposits. If such wage be wages are paid to a resident pursuant to section 218.42, the administrator in control of such an institution listed in section 218.1 may pay all or any part of the same wages directly to any dependent of such the resident, or. The administrator may also deposit such wage the wages to the account of such resident, or may so deposit part thereof of the wages and allow the resident a portion for the resident’s own personal use, or may pay to the county of commitment all or any part of the resident’s care, treatment, or subsistence while at said institution from any credit balance accruing to the account of said the resident.

Sec. 111. Section 218.92, Code 2021, is amended to read as follows: 218.92 Patients with dangerous mental disturbances. When a patient in a state resource center for persons with an intellectual disability, a state mental health institute, or another institution under the administration of the department of human services has become so mentally disturbed as to constitute a danger to self, to other patients or staff of the institution, or to the public, and the institution cannot provide adequate security, the administrator in charge of the institution, with the consent of the director of the Iowa department of corrections, may order the patient to be transferred to the Iowa medical and classification center, if the superintendent of the institution from which the patient is to be transferred, with the support of a majority of the medical staff, recommends the transfer in the interest of the patient, other patients, or the public. If the patient transferred was hospitalized pursuant to sections 229.6 to through 229.15, the transfer shall be promptly reported to the court that ordered the hospitalization of the patient, as required by section 229.15, subsection 5. The Iowa medical and classification center has the same rights, duties, and responsibilities with respect to the patient as the institution from which the patient was transferred had while the patient was hospitalized in the institution. The cost of the transfer shall be paid from the funds of the institution from which the transfer is made.

Sec. 112. Section 218.100, Code 2021, is amended to read as follows: 218.100 Central warehouse and supply depot. The department of human services shall establish a fund for maintaining and operating a central warehouse as a supply depot and distribution facility for surplus government products, carload canned goods, paper products, other staples, and such other items as determined by the department. The fund shall be permanent and shall be composed of the receipts from the sales of merchandise, recovery of handling, operating and delivery charges of such merchandise, and from the funds contributed by the institutions now in a contingent fund being used for this purpose. All claims for purchases of merchandise, operating, and salary expenses shall be subject to the provisions of sections 218.86 to, 218.87, and 218.88.

Sec. 113. Section 222.1, subsection 3, Code 2021, is amended to read as follows:

3. A special intellectual disability unit may be maintained at one of the state mental health institutes for the purposes set forth in sections 222.88 to through 222.91.

Sec. 114. Section 222.2, subsection 7, Code 2021, is amended to read as follows:

7. “Special unit” means a special intellectual disability unit established at a state mental health institute pursuant to sections 222.88 to through 222.91.

Sec. 115. Section 225.15, subsection 1, Code 2021, is amended to read as follows:

1. When a respondent arrives at the state psychiatric hospital, the admitting physician shall examine the respondent and determine whether or not, in the physician’s judgment, the respondent is a fit subject for observation, treatment, and hospital care. If, upon examination, the physician decides that the respondent should be admitted to the hospital, the respondent shall be provided a proper bed in the hospital. The physician who has charge of the respondent shall proceed with observation, medical treatment, and hospital care as in the physician’s judgment are proper and necessary, in compliance with sections 229.13 to, 229.14, this section, and section 229.16. After the respondent’s admission, the observation, medical treatment, and hospital care of the respondent may be provided by a mental health professional, as defined in section 228.1, who is licensed as a physician, advanced registered nurse practitioner, or physician assistant.

Sec. 116. Section 225.17, subsection 2, Code 2021, is amended to read as follows:

2. When the respondent arrives at the hospital, the respondent shall receive the same treatment as is provided for committed public patients in section 225.15, in compliance with sections 229.13 to through 229.16. However, observation, treatment, and hospital care under this section of a respondent whose expenses are payable in whole or in part by a county shall only be provided as determined through the regional administrator for the respondent’s county of residence.

Sec. 117. Section 227.2, subsection 1, paragraph g, Code 2021, is amended to read as follows:

g. Any failure to comply with standards adopted under section 227.4 for care of persons with mental illness and persons with an intellectual disability in county care facilities, which is not covered in information submitted pursuant to paragraphs “a” to through “f”, and any other matters which the director of public health, in consultation with the administrator of the division, may require.

Sec. 118. Section 227.10, Code 2021, is amended to read as follows: 227.10 Transfers from county or private institutions. Patients who have been admitted at public expense to any institution to which this chapter is applicable may be involuntarily transferred to the proper state hospital for persons with mental illness in the manner prescribed by sections 229.6 to through 229.13. The application required by section 229.6 may be filed by the administrator of the division or the administrator’s designee, or by the administrator of the institution where the patient is then being maintained or treated. If the patient was admitted to that institution involuntarily, the administrator of the division may arrange and complete the transfer, and shall report it as required of a chief medical officer under section 229.15, subsection 5. The transfer shall be made at the mental health and disability services region’s expense, and the expense recovered, as provided in section 227.7. However, transfer under this section of a patient whose expenses are payable in whole or in part by the mental health and disability services region is subject to an authorization for the transfer through the regional administrator for the patient’s county of residence.

Sec. 119. Section 227.15, Code 2021, is amended to read as follows: 227.15 Authority to confine in hospital. No person shall be involuntarily confined and restrained in any private institution or hospital or county hospital or other general hospital with a psychiatric ward for the care or treatment of persons with mental illness, except by the procedure prescribed in sections 229.6 to through 229.15.

Sec. 120. Section 229.17, Code 2021, is amended to read as follows: 229.17 Status of respondent during appeal. If a respondent appeals to the supreme court from a finding that the contention the respondent is seriously mentally impaired has been sustained, and the respondent was previously ordered taken into immediate custody under section 229.11 or has been hospitalized for psychiatric evaluation and appropriate treatment under section 229.13 before the court is informed of intent to appeal its finding, the respondent shall remain in custody as previously ordered by the court, the time limit stated in section 229.11 notwithstanding, or shall remain in the hospital subject to compliance by the hospital with sections 229.13 to through 229.16, as the case may be, unless the supreme court orders otherwise. If a respondent appeals to the supreme court regarding a placement order, the respondent shall remain in placement unless the supreme court orders otherwise.

Sec. 121. Section 229.19, subsection 1, paragraph c, Code 2021, is amended to read as follows:

c. The advocate’s responsibility with respect to any patient shall begin at whatever time the attorney employed or appointed to represent that patient as respondent in hospitalization proceedings, conducted under sections 229.6 to through 229.13, reports to the court that the attorney’s services are no longer required and requests the court’s approval to withdraw as counsel for that patient. However, if the patient is found to be seriously mentally impaired at the hospitalization hearing, the attorney representing the patient shall automatically be relieved of responsibility in the case and an advocate shall be assigned to the patient at the conclusion of the hearing unless the attorney indicates an intent to continue the attorney’s services and the court so directs. If the court directs the attorney to remain on the case, the attorney shall assume all the duties of an advocate. The clerk shall furnish the advocate with a copy of the court’s order approving the withdrawal and shall inform the patient of the name of the patient’s advocate.

Sec. 122. Section 229.21, subsection 2, Code 2021, is amended to read as follows:

2. When an application for involuntary hospitalization under section 229.6 or for involuntary commitment or treatment of persons with substance-related disorders under section 125.75 is filed with the clerk of the district court in any county for which a judicial hospitalization referee has been appointed, and no district judge, district associate judge, or magistrate who is admitted to the practice of law in this state is accessible, the clerk shall immediately notify the referee in the manner required by section 229.7 or section 125.77. The referee shall discharge all of the duties imposed upon the court by sections 229.7 to through 229.19, this section, and section 229.22 or sections 125.75 to through 125.94 in the proceeding so initiated. Subject to the provisions of subsection 4, orders issued by a referee, in discharge of duties imposed under this section, shall have the same force and effect as if ordered by a district judge. However, any commitment to a facility regulated and operated under chapter 135C shall be in accordance with section 135C.23.

Sec. 123. Section 229.22, subsection 4, Code 2021, is amended to read as follows:

4. The cost of hospitalization at a public hospital of a person detained temporarily by the procedure prescribed in this section shall be paid in the same way as if the person had been admitted to the hospital by the procedure prescribed in sections 229.6 to through 229.13.

Sec. 124. Section 229.24, subsection 2, Code 2021, is amended to read as follows:

2. If authorized in writing by a person who has been the subject of any proceeding or report under sections 229.6 to through 229.13 or section 229.22, or by the parent or guardian of that person, information regarding that person which is confidential under subsection 1 may be released to any designated person.

Sec. 125. Section 232.9, Code 2021, is amended to read as follows: 232.9 Motion for change of judge. Prior to a hearing pursuant to sections 232.44 to through 232.47, 232.50, or 232.54, the child may file a motion with the district court for the appointment of a new judge. The chief judge of the district court for cause shown shall appoint a new judge.

Sec. 126. Section 232.11, subsection 2, Code 2021, is amended to read as follows:

2. The child’s right to be represented by counsel under subsection 1, paragraphs “b” to through “f”, of this section shall not be waived by a child of any age. The child’s right to be represented by counsel under subsection 1, paragraph “a”, shall not be waived by a child less than sixteen years of age without the written consent of the child’s parent, guardian, or custodian. The waiver by a child who is at least sixteen years of age is valid only if a good faith effort has been made to notify the child’s parent, guardian, or custodian that the child has been taken into custody and of the alleged delinquent act for which the child has been taken into custody, the location of the child, and the right of the parent, guardian, or custodian to visit and confer with the child.

Sec. 127. Section 232.72, subsection 3, Code 2021, is amended to read as follows:

3. If the child’s home is located in a county not served by the office receiving the report, the department shall promptly transfer the matter by transmitting a copy of the report of injury and any other pertinent information to the office and the county attorney serving the other county. They The office and the county attorney shall promptly proceed as provided in section 232.71B.

Sec. 128. Section 232.127, subsection 9, Code 2021, is amended to read as follows:

9. A child found in contempt of court because of violation of conditions imposed under this section shall not be considered delinquent. Such a contempt may be punished by imposition of a work assignment or assignments to benefit the state or a governmental subdivision of the state. In addition to or in lieu of such an assignment or assignments, the court may impose one of the dispositions set out in sections 232.100 to through 232.102.

Sec. 129. Section 232.142, subsection 2, Code 2021, is amended to read as follows:

2. For the purpose of providing and maintaining a county or multicounty home, the board of supervisors of any county may issue general county purpose bonds in accordance with sections 331.441 to through 331.449. Expenses for providing and maintaining a multicounty home shall be paid by the counties participating in a manner to be determined by the boards of supervisors.

Sec. 130. Section 233A.11, Code 2021, is amended to read as follows: 233A.11 County attorney to appear for child. In case legal proceedings are necessary to enforce any right conferred on any child by sections 233A.7 to through 233A.10, inclusive, the county attorney of the county in which such proceedings should be instituted shall, on request of the superintendent, approved by the administrator, institute and carry on, in the name of the superintendent, the proceedings in behalf of the superintendent.

Sec. 131. Section 233A.15, Code 2021, is amended to read as follows: 233A.15 Transfers to work in parks.

1. The administrator may detail children, classed as trustworthy, from the state training school, to perform services for the department of natural resources within the state parks, state game and forest areas, and other lands under the jurisdiction of the department of natural resources. The department of natural resources shall provide permanent housing and work guidance supervision, but the care and custody of the children so detailed shall remain under employees of the division of child and family services of the department of human services. All such programs shall have as their primary purpose and shall provide for inculcation or the activation of attitudes, skills, and habit patterns which will be conducive to the habilitation of the youths involved.

2. The administrator is hereby authorized to use state-owned mobile housing equipment and facilities in performing such services at temporary locations in the above areas described in subsection 1.

Sec. 132. Section 249.1, subsection 5, paragraph b, Code 2021, is amended to read as follows:

b. By the state of Iowa directly pursuant to sections 249.3 to through 249.5.

Sec. 133. Section 252B.1, subsection 2, Code 2021, is amended to read as follows:

2. “Child” includes but shall not be limited to a stepchild, foster child, or legally adopted child and means a child actually or apparently under eighteen years of age, and or a dependent person eighteen years of age or over who is unable to maintain the person’s self and is likely to become a public charge. “Child” includes “child” as defined in section 239B.1.

Sec. 134. Section 256.43, subsection 1, unnumbered paragraph 1, Code 2021, is amended to read as follows: The director, pursuant to section 256.9, subsection 55, shall establish an online learning program model that provides for the following:

Sec. 135. Section 256.43, subsection 1, paragraph i, Code 2021, is amended to read as follows:

i. Criteria for school districts or schools to use when choosing providers of online learning to meet the online learning program requirements specified in rules adopted pursuant to section 256.7, subsection 32.

Sec. 136. Section 256B.6, subsection 1, Code 2021, is amended to read as follows:

1. When the school district or area education agency has provided special education services and programs as provided herein in this chapter for any child requiring special education, either by admission to a special class or by supportive services, it shall be the duty of the parent or guardian to enroll the child for instruction in such special classes or supportive services as may be established, except in the event a doctor’s certificate is filed with the secretary of the school district showing that it is inadvisable for medical reasons for the child requiring special education to receive the special education provided; all the provisions and conditions of chapter 299 shall be applicable to this section, and any violations shall be punishable as provided in chapter 299.