House
File
2589
-
Reprinted
HOUSE
FILE
2589
BY
COMMITTEE
ON
APPROPRIATIONS
(SUCCESSOR
TO
HSB
730)
(COMPANION
TO
SF
2384
BY
COMMITTEE
ON
APPROPRIATIONS)
(As
Amended
and
Passed
by
the
House
May
24,
2022
)
A
BILL
FOR
An
Act
relating
to
state
and
local
finances
by
making
1
appropriations,
providing
for
legal
and
regulatory
2
responsibilities,
providing
for
other
properly
related
3
matters,
providing
penalties,
making
penalties
applicable,
4
and
including
effective
date,
applicability,
and
retroactive
5
applicability
provisions.
6
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
7
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DIVISION
I
1
STANDING
APPROPRIATIONS
AND
RELATED
MATTERS
2
Section
1.
LIMITATIONS
OF
STANDING
APPROPRIATIONS
——
FY
3
2022-2023.
Notwithstanding
the
standing
appropriation
in
the
4
following
designated
section
for
the
fiscal
year
beginning
July
5
1,
2022,
and
ending
June
30,
2023,
the
amount
appropriated
from
6
the
general
fund
of
the
state
pursuant
to
that
section
for
the
7
following
designated
purpose
shall
not
exceed
the
following
8
amount:
9
For
payment
of
claims
for
nonpublic
school
pupil
10
transportation
under
section
285.2
:
11
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
8,997,091
12
If
total
approved
claims
for
reimbursement
for
nonpublic
13
school
pupil
transportation
exceed
the
amount
appropriated
in
14
accordance
with
this
section,
the
department
of
education
shall
15
prorate
the
amount
of
each
approved
claim.
16
Sec.
2.
INSTRUCTIONAL
SUPPORT
STATE
AID
——
FY
2022-2023.
In
17
lieu
of
the
appropriation
provided
in
section
257.20,
18
subsection
2
,
the
appropriation
for
the
fiscal
year
19
beginning
July
1,
2022,
and
ending
June
30,
2023,
for
paying
20
instructional
support
state
aid
under
section
257.20
for
the
21
fiscal
year
is
zero.
22
Sec.
3.
SPECIAL
FUNDS
——
SALARY
ADJUSTMENTS
——
23
UNAPPROPRIATED
MONEYS
——
FY
2022-2023.
For
the
fiscal
year
24
beginning
July
1,
2022,
and
ending
June
30,
2023,
salary
25
adjustments
otherwise
provided
may
be
funded
as
determined
26
by
the
department
of
management,
subject
to
any
applicable
27
constitutional
limitation,
using
unappropriated
moneys
28
remaining
in
the
department
of
commerce
revolving
fund,
the
29
gaming
enforcement
revolving
fund,
the
gaming
regulatory
30
revolving
fund,
the
primary
road
fund,
the
road
use
tax
31
fund,
the
fish
and
game
protection
fund,
and
the
Iowa
public
32
employees’
retirement
fund,
and
in
other
departmental
33
revolving,
trust,
or
special
funds
for
which
the
general
34
assembly
has
not
made
an
operating
budget
appropriation.
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Sec.
4.
Section
257.35,
Code
2022,
is
amended
by
adding
the
1
following
new
subsection:
2
NEW
SUBSECTION
.
16A.
a.
Notwithstanding
subsection
1,
and
3
in
addition
to
the
reductions
applicable
pursuant
to
subsection
4
2
and
paragraph
“b”
of
this
subsection,
the
state
aid
for
area
5
education
agencies
and
the
portion
of
the
combined
district
6
cost
calculated
for
these
agencies
related
to
expenditures
7
other
than
expenditures
for
professional
development
for
the
8
fiscal
year
beginning
July
1,
2022,
and
ending
June
30,
2023,
9
shall
be
reduced
by
the
department
of
management
by
fifteen
10
million
dollars.
The
reduction
for
each
area
education
agency
11
shall
be
prorated
based
on
the
reduction
that
the
agency
12
received
in
the
fiscal
year
beginning
July
1,
2003.
13
b.
Notwithstanding
subsection
1,
and
in
addition
to
14
the
reductions
applicable
pursuant
to
subsection
2
and
15
paragraph
“a”
of
this
subsection,
the
state
aid
for
area
16
education
agencies
and
the
portion
of
the
combined
district
17
cost
calculated
for
these
agencies
related
to
professional
18
development
expenditures
for
the
fiscal
year
beginning
July
19
1,
2022,
and
ending
June
30,
2023,
shall
be
reduced
by
the
20
department
of
management
by
an
amount
equal
to
the
sum
of
the
21
area
education
agency
professional
development
supplement
22
district
cost
for
all
area
education
agencies
determined
under
23
section
257.37A,
subsection
2,
for
the
budget
year
beginning
24
July
1,
2022.
The
reduction
for
each
area
education
agency
25
shall
be
equal
to
the
area
education
agency’s
professional
26
development
district
cost
determined
under
section
257.37A,
27
subsection
2,
for
the
budget
year
beginning
July
1,
2022.
28
The
amounts
reduced
under
this
paragraph
shall
be
considered
29
funds
paid
to
school
districts
and
area
education
agencies
30
under
chapter
284
for
purposes
of
requirements
for
providing
31
professional
development
opportunities.
32
DIVISION
II
33
CORRECTIVE
PROVISIONS
34
Sec.
5.
Section
45.1,
subsection
7,
paragraph
a,
Code
2022,
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as
amended
by
2022
Iowa
Acts,
House
File
2466,
section
3,
is
1
amended
to
read
as
follows:
2
a.
For
a
supervisor
district
with
a
population
of
greater
3
than
fifteen
thousand
but
fewer
no
more
than
fifty
thousand
4
according
to
the
most
recent
federal
decennial
census,
5
nomination
petitions
shall
include
at
least
fifty
signatures.
6
Sec.
6.
Section
80E.2,
subsection
2,
Code
2022,
as
amended
7
by
2022
Iowa
Acts,
House
File
2367,
section
2,
is
amended
to
8
read
as
follows:
9
2.
The
prosecuting
attorney,
certified
alcohol
and
drug
10
counselor,
certified
substance
abuse
prevention
specialist,
11
substance
use
disorder
treatment
program
director,
member
12
representing
the
Iowa
peace
officers
association,
member
13
representing
the
Iowa
state
police
association,
the
14
member
representing
the
Iowa
state
sheriffs’
and
deputies’
15
association,
and
the
member
representing
the
Iowa
police
chiefs
16
association
who
is
a
police
chief
shall
be
appointed
by
the
17
governor,
subject
to
senate
confirmation,
for
four-year
terms
18
beginning
and
ending
as
provided
in
section
69.19
.
A
vacancy
19
on
the
council
shall
be
filled
for
the
unexpired
term
in
the
20
same
manner
as
the
original
appointment
was
made.
21
Sec.
7.
Section
124.204,
subsection
2,
paragraph
cl,
as
22
enacted
by
2022
Iowa
Acts,
House
File
2201,
section
1,
is
23
amended
to
read
as
follows:
24
cl.
N-(1-phenethylpiperidin-4-yl)
25
-N-phenylcyclopentanecarboxamide.
Other
name:
cyclopentanyl
26
cyclopentyl
fentanyl.
27
Sec.
8.
Section
147.77,
subsection
1,
paragraph
l,
as
28
enacted
by
2022
Iowa
Acts,
House
File
803,
section
51,
is
29
amended
to
read
as
follows:
30
l.
The
department
of
public
safety,
with
respect
to
rules
31
relating
to
permits
to
carry
weapons,
that
a
person
who
is
32
an
unlawful
user
of
or
addicted
to
any
controlled
substance
33
includes
any
person
who
is
a
current
user
of
a
controlled
34
substance
in
a
manner
other
than
as
prescribed
by
a
licensed
35
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physician.
1
Sec.
9.
Section
147.77,
subsection
1,
paragraph
p,
2
subparagraph
(3),
as
enacted
by
2022
Iowa
Acts,
House
File
803,
3
section
51,
is
amended
to
read
as
follows:
4
(3)
For
applications
for
a
license
to
practice
asbestos
5
removal,
that
except
as
noted
in
rule,
only
worker
and
6
contractor/supervisor
license
applicants
must
submit
a
the
7
respiratory
protection
and
physician’s
certification
forms.
8
Sec.
10.
Section
249A.42A,
subsection
2,
as
enacted
by
2022
9
Iowa
Acts,
House
File
736,
section
1,
is
amended
to
read
as
10
follows:
11
2.
The
provider
documented
the
eligibility
verification
12
performed
and
any
necessary
prior
authorization
obtained
13
pursuant
to
paragraph
“a”
subsection
1
in
a
manner
and
format
14
established
by
the
department
by
rule,
and
retained
the
15
required
documentation
in
the
recipient’s
file.
16
Sec.
11.
Section
261.116,
subsection
7,
Code
2022,
as
17
amended
by
2022
Iowa
Acts,
Senate
File
2383,
section
16,
if
18
enacted,
is
amended
to
read
as
follows:
19
6.
Health
care
award
fund.
A
health
care
award
fund
is
20
created
for
deposit
of
moneys
appropriated
to
or
received
by
21
the
commission
for
use
under
the
program.
Notwithstanding
22
section
8.33
,
moneys
deposited
in
the
health
care
award
23
fund
shall
not
revert
to
any
fund
of
the
state
at
the
24
end
of
any
fiscal
year
but
shall
remain
in
the
award
fund
25
and
be
continuously
available
for
use
under
the
program.
26
Notwithstanding
section
12C.7,
subsection
2
,
interest
or
27
earnings
on
moneys
deposited
in
the
health
care
award
fund
28
shall
be
credited
to
the
fund.
29
Sec.
12.
Section
441.1,
subsection
3,
paragraph
d,
as
30
enacted
by
2022
Iowa
Acts,
Senate
File
384,
section
1,
is
31
amended
to
read
as
follows:
32
d.
The
provisions
of
chapter
28E
are
applicable
to
this
33
section
subsection
.
34
Sec.
13.
Section
600.5,
subsection
9A,
as
enacted
by
2022
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Iowa
Acts,
House
File
2252,
section
6,
is
amended
to
read
as
1
follows:
2
9A.
If
the
parents
of
the
person
to
be
adopted
had
their
3
parental
rights
terminated
pursuant
to
chapter
232,
the
4
petition
shall
included
include
the
names
of
any
known
siblings
5
placed
separately
from
the
person
to
be
adopted
and
either
the
6
plan
for
ongoing
contact
between
the
siblings
if
a
court
found
7
that
continued
contact
is
in
the
best
interest
of
each
sibling
8
or
a
statement
that
the
court
found
continued
contact
between
9
the
siblings
is
not
in
the
best
interest
of
each
sibling.
10
Sec.
14.
Section
692A.102,
subsection
1,
paragraph
c,
11
subparagraph
(012),
if
enacted
by
2022
Iowa
Acts,
Senate
File
12
529,
section
6,
is
amended
to
read
as
follows:
13
NEW
SUBPARAGRAPH
.
(012)
Sexual
abuse
in
the
fourth
14
degree
in
violation
of
section
709.4A,
subsection
3,
if
the
15
perpetrator
is
a
health
care
professional
as
defined
in
section
16
714I.2,
who
used
or
provided
the
health
care
professional’s
17
own
human
reproductive
material
for
assisted
reproduction
in
18
violation
of
section
714I.3,
subsection
2.
19
Sec.
15.
2022
Iowa
Acts,
House
File
2200,
section
3,
is
20
amended
to
read
as
follows:
21
SEC.
3.
APPLICABILITY.
This
Act
applies
to
direct
health
22
care
agreements
that
are
fully
executed
on
or
after
the
23
effective
date
of
enactment
this
Act
.
24
Sec.
16.
2022
Iowa
Acts,
House
File
2201,
section
7,
is
25
amended
by
striking
the
section
and
inserting
in
lieu
thereof
26
the
following:
27
SEC.
7.
Section
124.206,
subsection
2,
paragraph
a,
28
unnumbered
paragraph
1,
Code
2022,
is
amended
by
striking
29
the
unnumbered
paragraph
and
inserting
in
lieu
thereof
the
30
following:
31
Opium
and
opiate,
and
any
salt,
compound,
derivative,
32
or
preparation
of
opium
or
opiate
excluding
apomorphine,
33
thebaine-derived
butorphanol,
dextrorphan,
nalbuphine,
34
naldemedine,
nalmefene,
naloxegol,
naloxone,
6beta-naltrexol,
35
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naltrexone,
and
samidorphan,
and
their
respective
salts,
but
1
including
the
following:
2
Sec.
17.
2022
Iowa
Acts,
Senate
File
2295,
section
184,
is
3
amended
by
striking
the
section
and
inserting
in
lieu
thereof
4
the
following:
5
SEC.
184.
2020
Iowa
Acts,
chapter
1064,
sections
17
and
6
18,
are
amended
by
striking
the
sections
and
inserting
in
lieu
7
thereof
the
following:
8
SEC.
17.
Section
422.12D,
subsection
2
,
Code
2022,
is
9
amended
to
read
as
follows:
10
2.
The
director
of
revenue
shall
draft
the
income
tax
form
11
to
allow
the
designation
of
contributions
to
the
veterans
trust
12
fund
and
to
the
volunteer
fire
fighter
preparedness
fund
as
13
one
checkoff
on
the
tax
return.
The
department
of
revenue,
14
on
or
before
January
31,
shall
transfer
one-half
of
the
total
15
amount
designated
on
the
tax
return
forms
due
in
the
preceding
16
calendar
year
to
the
veterans
trust
fund
and
the
remaining
17
one-half
to
the
volunteer
fire
fighter
preparedness
fund.
18
However,
before
a
checkoff
pursuant
to
this
section
shall
be
19
permitted,
all
liabilities
on
the
books
of
the
department
of
20
administrative
services
and
accounts
identified
as
owing
under
21
section
8A.504
421.65
shall
be
satisfied.
22
SEC.
18.
Section
422.12L,
subsection
2
,
Code
2022,
is
23
amended
to
read
as
follows:
24
2.
The
director
of
revenue
shall
draft
the
income
tax
form
25
to
allow
the
designation
of
contributions
to
the
foundation
26
fund
on
the
tax
return.
The
department,
on
or
before
January
27
31,
shall
transfer
the
total
amount
designated
on
the
tax
28
form
due
in
the
preceding
year
to
the
foundation
fund.
29
However,
before
a
checkoff
pursuant
to
this
section
shall
be
30
permitted,
all
liabilities
on
the
books
of
the
department
of
31
administrative
services
and
accounts
identified
as
owing
under
32
section
8A.504
421.65
shall
be
satisfied.
33
Sec.
18.
CONTINGENT
REPEAL.
2022
Iowa
Acts,
House
File
34
2581,
section
13,
if
enacted,
is
repealed.
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Sec.
19.
CODE
EDITOR
DIRECTIVES.
1
1.
If
Senate
File
496
is
enacted
during
the
2022
session
2
of
the
Eighty-ninth
General
Assembly,
the
Code
editor
is
3
directed
to
transfer
the
Code
sections
as
enacted
by
that
Act
4
as
follows:
5
a.
Section
94.1
to
section
94B.1.
6
b.
Section
94.2
to
section
94B.2.
7
2.
The
Code
editor
is
directed
to
renumber
section
331.301,
8
subsection
18,
as
enacted
by
2022
Iowa
Acts,
House
File
728,
to
9
become
section
331.301,
subsection
21.
10
3.
The
Code
editor
shall
correct
internal
references
in
the
11
Code
and
in
any
enacted
legislation
as
necessary
due
to
the
12
enactment
of
this
section.
13
Sec.
20.
EFFECTIVE
DATE.
The
following,
being
deemed
of
14
immediate
importance,
take
effect
upon
enactment:
15
1.
The
section
of
this
division
of
this
Act
amending
section
16
124.204,
subsection
2,
paragraph
“cl”.
17
2.
The
section
of
this
division
of
this
Act
amending
2022
18
Iowa
Acts,
House
File
2200,
section
3.
19
3.
The
section
of
this
division
of
this
Act
amending
2022
20
Iowa
Acts,
House
File
2201,
section
7.
21
Sec.
21.
RETROACTIVE
APPLICABILITY.
The
following
apply
22
retroactively
to
May
2,
2022:
23
1.
The
section
of
this
division
of
this
Act
amending
section
24
124.204,
subsection
2,
paragraph
“cl”.
25
2.
The
section
of
this
division
of
this
Act
amending
2022
26
Iowa
Acts,
House
File
2201,
section
7.
27
Sec.
22.
RETROACTIVE
APPLICABILITY.
The
section
of
this
28
division
of
this
Act
amending
2022
Iowa
Acts,
House
File
2200,
29
section
3,
applies
retroactively
to
May
12,
2022.
30
DIVISION
III
31
OFFICE
OF
THE
CHIEF
INFORMATION
OFFICER
32
Sec.
23.
Section
8B.2,
Code
2022,
is
amended
to
read
as
33
follows:
34
8B.2
Office
created
established
——
chief
information
officer
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appointed
selected
.
1
1.
The
office
of
the
chief
information
officer
is
created
2
as
an
independent
agency
and
is
attached
to
the
department
of
3
administrative
services
for
accounting
and
fiscal
services.
4
The
department
of
administrative
services
shall
provide
such
5
additional
assistance
and
administrative
support
services
to
6
the
office
as
the
department
of
administrative
services
and
the
7
office
determines
maximizes
the
efficiency
and
effectiveness
8
of
both
the
department
and
office
established
within
the
9
department
of
management
.
10
2.
The
chief
information
officer,
who
shall
be
the
head
11
of
the
office,
shall
be
appointed
by
the
governor
to
serve
at
12
the
pleasure
of
the
governor
and
is
subject
to
confirmation
by
13
the
senate.
If
the
office
becomes
vacant,
the
vacancy
shall
14
be
filled
in
the
same
manner
as
provided
for
the
original
15
appointment
selected
by
the
director
of
the
department
of
16
management
.
The
director
of
the
department
of
management
shall
17
set
the
salary
of
the
chief
information
officer.
18
3.
The
person
appointed
selected
as
the
chief
information
19
officer
for
the
state
shall
be
professionally
qualified
by
20
education
and
have
no
less
than
five
years’
experience
in
the
21
field
of
information
technology,
and
a
working
knowledge
of
22
financial
management.
The
chief
information
officer
shall
23
not
be
a
member
of
any
local,
state,
or
national
committee
24
of
a
political
party,
an
officer
or
member
of
a
committee
in
25
any
partisan
political
club
or
organization,
or
hold
or
be
26
a
candidate
for
a
paid
elective
public
office.
The
chief
27
information
officer
is
subject
to
the
restrictions
on
political
28
activity
provided
in
section
8A.416
.
29
Sec.
24.
Section
8D.3,
subsection
2,
paragraph
b,
Code
2022,
30
is
amended
to
read
as
follows:
31
b.
The
auditor
of
state
or
the
auditor’s
designee
and
32
the
chief
information
officer
appointed
selected
pursuant
to
33
section
8B.2
or
the
chief
information
officer’s
designee
shall
34
serve
as
nonvoting,
ex
officio
members
of
the
commission.
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Sec.
25.
Section
11.5B,
subsection
15,
Code
2022,
is
amended
1
to
read
as
follows:
2
15.
Office
of
the
chief
information
officer
of
the
3
department
of
management
.
4
Sec.
26.
2008
Iowa
Acts,
chapter
1191,
section
14,
5
subsection
7,
as
amended
by
2010
Iowa
Acts,
chapter
1193,
6
section
26,
is
amended
to
read
as
follows:
7
7.
The
following
are
range
7
positions:
administrator
8
of
the
public
broadcasting
division
of
the
department
of
9
education,
director
of
the
department
of
corrections,
director
10
of
the
department
of
education,
director
of
human
services,
11
director
of
the
department
of
economic
development,
executive
12
director
of
the
Iowa
telecommunications
and
technology
13
commission,
executive
director
of
the
state
board
of
regents,
14
director
of
transportation,
director
of
the
department
of
15
workforce
development,
director
of
revenue,
director
of
16
public
health,
state
court
administrator,
director
of
the
17
department
of
management,
chief
information
officer,
state
debt
18
coordinator,
and
director
of
the
department
of
administrative
19
services.
20
Sec.
27.
EFFECTIVE
DATE.
This
division
of
this
Act,
being
21
deemed
of
immediate
importance,
takes
effect
upon
enactment.
22
Sec.
28.
APPLICABILITY.
This
division
of
this
Act,
as
it
23
relates
to
the
salary
of
the
chief
information
officer,
applies
24
with
the
pay
period
beginning
after
the
effective
date
of
this
25
division
of
this
Act,
and
subsequent
pay
periods.
26
DIVISION
IV
27
CONDUCT
OF
ELECTIONS
——
FUNDING
28
Sec.
29.
NEW
SECTION
.
49.17
Conduct
of
elections
——
29
funding.
30
1.
The
state
commissioner
or
a
county
commissioner
or
31
political
subdivision
of
the
state
shall
only
accept
funding
32
from
the
following
sources
for
the
purposes
of
conducting
an
33
election:
34
a.
Lawful
appropriations
of
public
moneys
from
the
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government
of
the
United
States.
1
b.
Lawful
appropriations
of
public
moneys
from
the
state
of
2
Iowa.
3
c.
Lawful
appropriations
of
public
moneys
from
a
political
4
subdivision
of
the
state
for
the
conduct
of
an
election
in
the
5
political
subdivision.
6
2.
The
state
commissioner,
a
county
commissioner,
or
a
7
political
subdivision
of
the
state
shall
not
accept
or
expend
8
a
grant,
gift,
or
other
source
of
funding
from
a
source
other
9
than
those
listed
in
subsection
1,
including
from
a
private
10
person,
corporation,
partnership,
political
party,
nonparty
11
political
organization,
committee
as
defined
in
section
12
68A.102,
or
other
organization
for
the
purpose
of
conducting
13
an
election.
14
3.
This
section
does
not
prohibit
the
state
commissioner
or
15
a
county
commissioner
or
political
subdivision
from
issuing
and
16
collecting
fees
as
otherwise
provided
by
law.
17
4.
This
section
does
not
apply
to
the
contribution
of
a
18
building
for
use
as
a
polling
place
pursuant
to
section
49.21.
19
Sec.
30.
EFFECTIVE
DATE.
This
division
of
this
Act,
being
20
deemed
of
immediate
importance,
takes
effect
upon
enactment.
21
DIVISION
V
22
DIRECT
MASS
MAILING
23
Sec.
31.
Section
68A.405A,
Code
2022,
is
amended
by
adding
24
the
following
new
subsections:
25
NEW
SUBSECTION
.
3.
For
the
purposes
of
this
section,
26
“direct
mass
mailing”
means
a
mailing,
regardless
of
whether
27
the
mailing
was
sent
in
response
to
a
request
or
due
to
the
28
recipient’s
enrollment
in
a
program,
that
provides
information
29
to
the
recipient
about
a
person,
policy,
product,
service,
30
program,
initiative,
law,
legislation,
event,
or
activity
31
promoted
by
the
statewide
elected
official
that
is
all
of
the
32
following:
33
a.
Printed
material
delivered
by
the
United
States
mail
or
34
other
delivery
service.
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b.
Sent
to
more
than
two
hundred
physical
addresses.
1
c.
Substantially
similar
or
identical
as
regards
each
2
mailing.
3
d.
Sent
at
the
same
time
or
within
a
thirty-day
period.
4
NEW
SUBSECTION
.
4.
Notwithstanding
subsection
3,
a
5
mailing
that
is
sent
to
any
participant
in
a
program
or
the
6
participant’s
address
within
sixty
days
of
an
election
in
which
7
an
office
listed
in
section
39.9
is
to
appear
on
the
ballot
8
shall
be
considered
a
direct
mass
mailing
for
the
purposes
9
of
subsection
1
if
the
purpose
of
the
mailing
is
to
provide
10
a
participant
with
information
relevant
to
the
participant’s
11
existing
account
with
a
program
sponsored
and
administered
by
12
the
statewide
elected
official
who
sent
the
mailing.
13
DIVISION
VI
14
OPEN
ENROLLMENT
15
Sec.
32.
Section
256F.9,
Code
2022,
is
amended
to
read
as
16
follows:
17
256F.9
Procedures
after
revocation
——
student
enrollment.
18
If
a
charter
school
or
innovation
zone
school
contract
is
19
revoked
in
accordance
with
this
chapter
,
a
nonresident
student
20
who
attended
the
school,
and
any
siblings
of
the
student
,
21
shall
be
determined
to
have
shown
“good
cause”
as
provided
in
22
section
282.18,
subsection
4
,
paragraph
“b”
,
and
may
submit
an
23
application
to
another
school
district
according
to
section
24
282.18
at
any
time
.
Applications
and
notices
required
by
25
section
282.18
shall
be
processed
and
provided
in
a
prompt
26
manner.
The
application
and
notice
deadlines
in
section
282.18
27
do
not
apply
to
a
nonresident
student
application
under
these
28
circumstances.
29
Sec.
33.
Section
282.18,
subsection
2,
paragraphs
a
and
b,
30
Code
2022,
are
amended
to
read
as
follows:
31
a.
By
March
1
of
the
preceding
school
year
for
students
32
entering
grades
one
through
twelve,
or
by
September
1
of
the
33
current
school
year
for
students
entering
kindergarten
or
34
for
prekindergarten
students
enrolled
in
special
education
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programs
and
included
in
the
school
district’s
basic
enrollment
1
under
section
257.6,
subsection
1
,
paragraph
“a”
,
subparagraph
2
(1),
the
A
parent
or
guardian
shall
send
notification
to
the
3
district
of
residence
and
the
receiving
district,
on
forms
4
prescribed
by
the
department
of
education,
that
the
parent
or
5
guardian
intends
to
enroll
the
parent’s
or
guardian’s
child
6
in
a
public
school
in
another
school
district.
If
a
parent
7
or
guardian
fails
to
file
a
notification
that
the
parent
8
intends
to
enroll
the
parent’s
or
guardian’s
child
in
a
public
9
school
in
another
district
by
the
deadline
specified
in
this
10
subsection
,
the
procedures
of
subsection
4
apply.
11
b.
The
board
of
the
receiving
district
shall
enroll
the
12
pupil
in
a
school
in
the
receiving
district
for
the
following
13
school
year
unless
the
receiving
district
has
insufficient
14
classroom
space
for
the
pupil.
The
board
of
directors
15
of
a
receiving
district
may
adopt
a
policy
granting
the
16
superintendent
of
the
school
district
authority
to
approve
open
17
enrollment
applications.
If
the
request
is
granted,
the
board
18
shall
transmit
a
copy
of
the
form
to
the
parent
or
guardian
and
19
the
school
district
of
residence
within
five
days
after
board
20
action
,
but
not
later
than
June
1
of
the
preceding
school
year
.
21
The
parent
or
guardian
may
withdraw
the
request
at
any
time
22
prior
to
the
start
of
the
school
year
board’s
action
on
the
23
application
.
A
denial
of
a
request
by
the
board
of
a
receiving
24
district
is
not
subject
to
appeal.
25
Sec.
34.
Section
282.18,
subsection
3,
paragraph
a,
Code
26
2022,
is
amended
to
read
as
follows:
27
a.
The
superintendent
of
a
district
subject
to
court-ordered
28
desegregation
may
deny
a
request
for
transfer
under
this
29
section
if
the
superintendent
finds
that
enrollment
or
release
30
of
a
pupil
will
adversely
affect
the
district’s
implementation
31
of
the
desegregation
order,
unless
the
transfer
is
requested
32
by
a
pupil
whose
sibling
is
already
participating
in
open
33
enrollment
to
another
district,
or
unless
the
request
for
34
transfer
is
submitted
to
the
district
in
a
timely
manner
as
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required
under
subsection
2
prior
to
implementation
of
the
1
desegregation
order
by
the
district.
If
a
transfer
request
2
would
facilitate
implementation
of
a
desegregation
order,
the
3
district
shall
give
priority
to
granting
the
request
over
other
4
requests.
5
Sec.
35.
Section
282.18,
subsections
4,
5,
and
15,
Code
6
2022,
are
amended
by
striking
the
subsections.
7
Sec.
36.
Section
282.18,
subsection
6,
Code
2022,
is
amended
8
to
read
as
follows:
9
6.
A
request
under
this
section
is
for
a
period
of
not
less
10
than
one
year.
If
the
request
is
for
more
than
one
year
and
11
the
parent
or
guardian
desires
to
have
the
pupil
enroll
in
a
12
different
district,
the
parent
or
guardian
may
petition
the
13
current
receiving
district
by
March
1
of
the
previous
school
14
year
for
permission
to
enroll
the
pupil
in
a
different
district
15
for
a
period
of
not
less
than
one
year.
Upon
receipt
of
such
a
16
request,
the
current
receiving
district
board
may
act
on
the
17
request
to
transfer
to
the
other
school
district
at
the
next
18
regularly
scheduled
board
meeting
after
the
receipt
of
the
19
request.
The
new
receiving
district
shall
enroll
the
pupil
20
in
the
district
unless
there
is
insufficient
classroom
space
21
in
the
district
or
the
district
is
subject
to
court-ordered
22
desegregation
and
enrollment
of
the
pupil
would
adversely
23
affect
implementation
of
the
desegregation
order.
A
denial
of
24
a
request
to
change
district
enrollment
within
the
approved
25
period
is
not
subject
to
appeal.
However,
a
A
pupil
who
has
26
been
in
attendance
in
another
district
under
this
section
27
may
return
to
the
district
of
residence
and
enroll
at
any
28
time,
once
the
parent
or
guardian
has
notified
the
district
of
29
residence
and
the
receiving
district
in
writing
of
the
decision
30
to
enroll
the
pupil
in
the
district
of
residence.
31
Sec.
37.
Section
282.18,
subsection
7,
Code
2022,
is
amended
32
by
adding
the
following
new
paragraph:
33
NEW
PARAGRAPH
.
c.
If
a
pupil
participating
in
open
34
enrollment
attends
school
in
the
receiving
district
for
less
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2589
than
a
full
school
year,
payment
from
the
district
of
residence
1
to
the
receiving
district
shall
be
prorated
on
a
per
diem
2
basis.
3
Sec.
38.
Section
282.18,
subsection
11,
paragraph
a,
4
subparagraph
(8),
Code
2022,
is
amended
to
read
as
follows:
5
(8)
If
the
pupil
participates
in
open
enrollment
because
6
of
circumstances
that
meet
the
definition
of
good
cause
under
7
subsection
4
,
paragraph
“b”
.
For
purposes
of
this
subparagraph,
8
“good
cause”
means
a
change
in
a
child’s
residence
due
to
a
9
change
in
family
residence,
a
change
in
a
child’s
residence
10
from
the
residence
of
one
parent
or
guardian
to
the
residence
11
of
different
parent
or
guardian,
a
change
in
the
state
in
12
which
the
family
residence
is
located,
a
change
in
a
child’s
13
parents’
marital
status,
a
guardianship
or
custody
proceeding,
14
placement
in
foster
care,
adoption,
participation
in
a
foreign
15
exchange
program,
initial
placement
of
a
prekindergarten
16
student
in
a
special
education
program
requiring
specially
17
designed
instruction,
or
participation
in
a
substance
abuse
18
or
mental
health
treatment
program,
a
change
in
the
status
of
19
a
child’s
resident
district
such
as
removal
of
accreditation
20
by
the
state
board,
surrender
of
accreditation,
or
permanent
21
closure
of
a
nonpublic
school,
revocation
of
a
charter
school
22
contract
as
provided
in
section
256E.10
or
256F.8,
the
failure
23
of
negotiations
for
a
whole
grade
sharing,
reorganization,
24
dissolution
agreement,
or
the
rejection
of
a
current
whole
25
grade
sharing
agreement,
or
reorganization
plan.
26
Sec.
39.
Section
290.1,
Code
2022,
is
amended
to
read
as
27
follows:
28
290.1
Appeal
to
state
board.
29
An
affected
pupil,
or
the
parent
or
guardian
of
an
affected
30
pupil
who
is
a
minor,
who
is
aggrieved
by
a
decision
or
order
31
of
the
board
of
directors
of
a
school
corporation
in
a
matter
32
of
law
or
fact
,
or
a
decision
or
order
of
a
board
of
directors
33
under
section
282.18,
subsection
5
,
may,
within
thirty
days
34
after
the
rendition
of
the
decision
or
the
making
of
the
order,
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appeal
the
decision
or
order
to
the
state
board
of
education;
1
the
basis
of
the
proceedings
shall
be
an
affidavit
filed
with
2
the
state
board
by
the
party
aggrieved
within
the
time
for
3
taking
the
appeal,
which
affidavit
shall
set
forth
any
error
4
complained
of
in
a
plain
and
concise
manner.
5
Sec.
40.
EMERGENCY
RULES.
The
department
of
education
may
6
adopt
emergency
rules
under
section
17A.4,
subsection
3,
and
7
section
17A.5,
subsection
2,
paragraph
“b”,
to
implement
the
8
provisions
of
this
division
of
this
Act
and
the
rules
shall
9
be
effective
immediately
upon
filing
unless
a
later
date
is
10
specified
in
the
rules.
Any
rules
adopted
in
accordance
with
11
this
section
shall
also
be
published
as
a
notice
of
intended
12
action
as
provided
in
section
17A.4.
13
Sec.
41.
EFFECTIVE
DATE.
This
division
of
this
Act,
being
14
deemed
of
immediate
importance,
takes
effect
upon
enactment.
15
DIVISION
VII
16
SHARED
OPERATIONAL
FUNCTIONS
17
Sec.
42.
Section
257.11,
subsection
5,
paragraph
a,
Code
18
2022,
is
amended
to
read
as
follows:
19
a.
(1)
In
order
to
provide
additional
funding
to
increase
20
student
opportunities
and
redirect
more
resources
to
student
21
programming
for
school
districts
that
share
operational
22
functions,
a
district
that
shares
with
a
political
subdivision
23
one
or
more
operational
functions
of
a
curriculum
director,
24
master
social
worker,
independent
social
worker,
work-based
25
learning
coordinator,
special
education
director,
mental
26
health
professional
who
holds
a
statement
of
recognition
27
issued
by
the
board
of
educational
examiners,
college
28
and
career
transition
counselor
or
coordinator,
or
school
29
counselor,
or
one
or
more
operational
functions
in
the
areas
30
of
superintendent
management,
business
management,
human
31
resources,
transportation,
or
operation
and
maintenance
for
at
32
least
twenty
percent
of
the
school
year
shall
be
assigned
a
33
supplementary
weighting
for
each
shared
operational
function.
34
A
school
district
that
shares
an
operational
function
in
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the
area
of
superintendent
management
shall
be
assigned
a
1
supplementary
weighting
of
eight
pupils
for
the
function.
A
2
school
district
that
shares
an
operational
function
in
the
area
3
of
business
management,
human
resources,
transportation,
or
4
operation
and
maintenance
shall
be
assigned
a
supplementary
5
weighting
of
five
pupils
for
the
function.
A
school
district
6
that
shares
the
operational
functions
of
a
curriculum
director;
7
a
master
social
worker
or
an
independent
social
worker
8
licensed
under
chapters
147
and
154C
;
a
work-based
learning
9
coordinator;
a
special
education
director;
a
mental
health
10
professional
who
holds
a
statement
of
recognition
issued
by
11
the
board
of
educational
examiners;
a
college
and
career
12
transition
counselor
or
coordinator;
or
a
school
counselor
13
shall
be
assigned
a
supplementary
weighting
of
three
pupils
14
for
the
function.
The
additional
weighting
shall
be
assigned
15
for
each
discrete
operational
function
shared.
However,
a
16
school
district
may
receive
the
additional
weighting
under
this
17
subsection
for
sharing
the
services
of
an
individual
with
a
18
political
subdivision
even
if
the
type
of
operational
function
19
performed
by
the
individual
for
the
school
district
and
the
20
type
of
operational
function
performed
by
the
individual
21
for
the
political
subdivision
are
not
the
same
operational
22
function,
so
long
as
both
operational
functions
are
eligible
23
for
weighting
under
this
subsection
.
In
such
case,
the
school
24
district
shall
be
assigned
the
additional
weighting
for
the
25
type
of
operational
function
that
the
individual
performs
for
26
the
school
district,
and
the
school
district
shall
not
receive
27
additional
weighting
for
any
other
function
performed
by
the
28
individual.
The
operational
function
sharing
arrangement
does
29
not
need
to
be
a
newly
implemented
sharing
arrangement
to
30
receive
supplementary
weighting
under
this
subsection
.
31
(2)
For
the
purposes
of
this
paragraph
“a”
:
32
(a)
“College
and
career
transition
counselor
or
coordinator”
33
means
a
licensed
school
counselor
or
an
appropriately
trained
34
individual
responsible
for
providing
direct
services
to
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students,
parents,
families,
schools,
and
postsecondary
1
institutions
to
support
college
preparation
and
postsecondary
2
success,
such
as
college
preparation,
financial
aid
processing,
3
and
transition
to
postsecondary
institution
enrollment.
4
(a)
(b)
“Political
subdivision”
means
a
city,
township,
5
county,
school
corporation,
merged
area,
area
education
agency,
6
institution
governed
by
the
state
board
of
regents,
or
any
7
other
governmental
subdivision.
8
(b)
(c)
“Work-based
learning
coordinator”
means
an
9
appropriately
trained
individual
responsible
for
facilitating
10
authentic,
engaging
work-based
learning
experiences
for
11
learners
and
educators
in
partnership
with
employers
and
others
12
to
enhance
learning
by
connecting
the
content
and
skills
that
13
are
necessary
for
future
careers.
14
DIVISION
VIII
15
DELINQUENT
ACT
——
POSSESSION
OF
DANGEROUS
WEAPONS
OR
FIREARMS
16
BY
MINORS
17
Sec.
43.
Section
232.2,
subsection
12,
Code
2022,
is
amended
18
by
adding
the
following
new
paragraph:
19
NEW
PARAGRAPH
.
e.
The
violation
of
section
724.4E
which
is
20
committed
by
a
child.
21
Sec.
44.
EFFECTIVE
DATE.
This
division
of
this
Act,
being
22
deemed
of
immediate
importance,
takes
effect
upon
enactment.
23
DIVISION
IX
24
ASSAULT
——
NATIONAL
GUARD
MEMBERS
25
Sec.
45.
Section
708.3A,
subsections
1,
2,
3,
and
4,
Code
26
2022,
are
amended
to
read
as
follows:
27
1.
A
person
who
commits
an
assault,
as
defined
in
section
28
708.1
,
against
a
peace
officer,
jailer,
correctional
staff,
29
member
or
employee
of
the
board
of
parole,
health
care
30
provider,
employee
of
the
department
of
human
services,
31
employee
of
the
department
of
revenue,
national
guard
member
32
engaged
in
national
guard
duty
or
state
active
duty,
civilian
33
employee
of
a
law
enforcement
agency,
civilian
employee
of
a
34
fire
department,
or
fire
fighter,
whether
paid
or
volunteer,
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with
the
knowledge
that
the
person
against
whom
the
assault
1
is
committed
is
a
peace
officer,
jailer,
correctional
staff,
2
member
or
employee
of
the
board
of
parole,
health
care
3
provider,
employee
of
the
department
of
human
services,
4
employee
of
the
department
of
revenue,
national
guard
member
5
engaged
in
national
guard
duty
or
state
active
duty,
civilian
6
employee
of
a
law
enforcement
agency,
civilian
employee
of
a
7
fire
department,
or
fire
fighter
and
with
the
intent
to
inflict
8
a
serious
injury
upon
the
peace
officer,
jailer,
correctional
9
staff,
member
or
employee
of
the
board
of
parole,
health
10
care
provider,
employee
of
the
department
of
human
services,
11
employee
of
the
department
of
revenue,
national
guard
member
12
engaged
in
national
guard
duty
or
state
active
duty,
civilian
13
employee
of
a
law
enforcement
agency,
civilian
employee
of
a
14
fire
department,
or
fire
fighter,
is
guilty
of
a
class
“D”
15
felony.
16
2.
A
person
who
commits
an
assault,
as
defined
in
section
17
708.1
,
against
a
peace
officer,
jailer,
correctional
staff,
18
member
or
employee
of
the
board
of
parole,
health
care
19
provider,
employee
of
the
department
of
human
services,
20
employee
of
the
department
of
revenue,
national
guard
member
21
engaged
in
national
guard
duty
or
state
active
duty,
civilian
22
employee
of
a
law
enforcement
agency,
civilian
employee
of
a
23
fire
department,
or
fire
fighter,
whether
paid
or
volunteer,
24
who
knows
that
the
person
against
whom
the
assault
is
committed
25
is
a
peace
officer,
jailer,
correctional
staff,
member
or
26
employee
of
the
board
of
parole,
health
care
provider,
employee
27
of
the
department
of
human
services,
employee
of
the
department
28
of
revenue,
national
guard
member
engaged
in
national
guard
29
duty
or
state
active
duty,
civilian
employee
of
a
law
30
enforcement
agency,
civilian
employee
of
a
fire
department,
or
31
fire
fighter
and
who
uses
or
displays
a
dangerous
weapon
in
32
connection
with
the
assault,
is
guilty
of
a
class
“D”
felony.
33
3.
A
person
who
commits
an
assault,
as
defined
in
section
34
708.1
,
against
a
peace
officer,
jailer,
correctional
staff,
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member
or
employee
of
the
board
of
parole,
health
care
1
provider,
employee
of
the
department
of
human
services,
2
employee
of
the
department
of
revenue,
national
guard
member
3
engaged
in
national
guard
duty
or
state
active
duty,
civilian
4
employee
of
a
law
enforcement
agency,
civilian
employee
of
a
5
fire
department,
or
fire
fighter,
whether
paid
or
volunteer,
6
who
knows
that
the
person
against
whom
the
assault
is
committed
7
is
a
peace
officer,
jailer,
correctional
staff,
member
or
8
employee
of
the
board
of
parole,
health
care
provider,
employee
9
of
the
department
of
human
services,
employee
of
the
department
10
of
revenue,
national
guard
member
engaged
in
national
guard
11
duty
or
state
active
duty,
civilian
employee
of
a
law
12
enforcement
agency,
civilian
employee
of
a
fire
department,
or
13
fire
fighter,
and
who
causes
bodily
injury
or
mental
illness,
14
is
guilty
of
an
aggravated
misdemeanor.
15
4.
Any
other
assault,
as
defined
in
section
708.1
,
committed
16
against
a
peace
officer,
jailer,
correctional
staff,
member
or
17
employee
of
the
board
of
parole,
health
care
provider,
employee
18
of
the
department
of
human
services,
employee
of
the
department
19
of
revenue,
national
guard
member
engaged
in
national
guard
20
duty
or
state
active
duty,
civilian
employee
of
a
law
21
enforcement
agency,
civilian
employee
of
a
fire
department,
22
or
fire
fighter,
whether
paid
or
volunteer,
by
a
person
who
23
knows
that
the
person
against
whom
the
assault
is
committed
is
24
a
peace
officer,
jailer,
correctional
staff,
member
or
employee
25
of
the
board
of
parole,
health
care
provider,
employee
of
the
26
department
of
human
services,
employee
of
the
department
of
27
revenue,
national
guard
member
engaged
in
national
guard
duty
28
or
state
active
duty,
civilian
employee
of
a
law
enforcement
29
agency,
civilian
employee
of
a
fire
department,
or
fire
30
fighter,
is
a
serious
misdemeanor.
31
Sec.
46.
Section
708.3A,
subsection
5,
Code
2022,
is
amended
32
by
adding
the
following
new
paragraphs:
33
NEW
PARAGRAPH
.
f.
“National
guard”
means
the
same
as
34
defined
in
section
29A.1.
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NEW
PARAGRAPH
.
g.
“National
guard
duty”
means
the
same
as
1
defined
in
section
29A.1.
2
NEW
PARAGRAPH
.
h.
“State
active
duty”
means
the
same
as
3
defined
in
section
29A.1.
4
DIVISION
X
5
DEPENDENT
ADULT
ABUSE
RESULTING
IN
DEATH
6
Sec.
47.
Section
726.26,
if
enacted
by
2022
Iowa
Acts,
7
Senate
File
522,
section
6,
is
amended
by
adding
the
following
8
new
subsection:
9
NEW
SUBSECTION
.
2A.
A
caretaker
who
intentionally
or
10
recklessly
commits
dependent
adult
abuse
is
guilty
of
murder
11
in
the
second
degree
in
violation
of
section
707.3
if
the
12
intentional
or
reckless
dependent
adult
abuse
results
in
the
13
death
of
the
dependent
adult.
14
DIVISION
XI
15
HEALTH
CARE
PROVIDER
REFERRAL
TO
AMBULATORY
SURGICAL
CENTER
16
Sec.
48.
NEW
SECTION
.
147.163
Provision
of
information
——
17
referral
to
ambulatory
surgical
center
——
licensee
discipline.
18
1.
A
health
care
provider
who
determines
that
a
patient
is
a
19
candidate
for
outpatient
surgery
based
on
the
patient’s
medical
20
status
and
surgical
service
needs,
and
refers
the
patient
to
21
an
ambulatory
surgical
center
as
an
option
for
the
surgery,
22
shall
provide
the
patient
with
a
written
document
listing
the
23
factors
the
patient
should
consider
to
make
a
fully
informed
24
decision
about
the
patient’s
recommended
course
of
care.
The
25
considerations
shall
include
all
of
the
following:
26
a.
The
differences
in
ownership;
licensure,
certification,
27
or
accreditation;
and
payment
alternatives
between
the
28
ambulatory
surgical
center
and
a
hospital.
29
b.
The
types
of
medical
personnel
generally
involved
in
the
30
patient’s
surgical
service
and
the
capacity
of
the
ambulatory
31
surgical
center
and
a
hospital
to
comply
with
the
personnel
32
requirements.
33
c.
The
capacity
of
the
ambulatory
surgical
center
and
a
34
hospital
to
respond
to
medical
complications
and
emergencies
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that
may
arise
from
the
surgical
service.
1
d.
The
proximity
of
the
ambulatory
surgical
center
to
a
2
hospital
and
the
protocols
in
place
for
transfer
of
a
patient
3
from
the
ambulatory
surgical
center
to
the
hospital
for
4
emergency
care.
5
e.
The
type
of
anesthesia
generally
used
for
the
patient’s
6
surgical
service
and
the
capacity
of
the
ambulatory
surgical
7
center
and
a
hospital
to
comply
with
requirements
relative
to
8
the
use
of
anesthesia.
9
2.
For
the
purposes
of
this
section:
10
a.
“Ambulatory
surgical
center”
means
a
distinct
facility
11
that
operates
exclusively
for
the
purpose
of
providing
surgical
12
services
to
patients
not
requiring
hospitalization
and
in
which
13
the
expected
duration
of
services
does
not
exceed
twenty-four
14
hours
following
an
admission.
“Ambulatory
surgical
center”
15
includes
a
facility
that
otherwise
meets
the
definition
of
16
ambulatory
surgical
center
whether
or
not
licensed,
certified,
17
or
accredited
as
an
ambulatory
surgical
center
and
which
may
18
or
may
not
operate
on
a
partially
cash-only
or
completely
19
cash-only
basis.
“Ambulatory
surgical
center”
does
not
include
20
individual
or
group
practice
offices
of
private
physicians
21
or
podiatrists
that
do
not
contain
a
distinct
area
used
for
22
outpatient
surgical
treatment
on
a
regular
basis,
or
that
23
only
provide
surgery
routinely
provided
in
a
physician’s
24
or
podiatrist’s
office
using
local
anesthesia
or
conscious
25
sedation;
individual
or
group
practice
offices
of
private
26
dentists;
or
a
portion
of
a
licensed
hospital
designated
for
27
outpatient
surgical
treatment.
28
b.
“Health
care
provider”
means
a
person
who
is
licensed,
29
certified,
or
otherwise
authorized
or
permitted
by
the
laws
of
30
this
state
to
administer
health
care
in
the
ordinary
course
of
31
business
or
in
the
practice
of
a
profession.
32
c.
“Hospital”
means
the
same
as
defined
in
section
135B.1.
33
3.
A
health
care
provider
who
violates
this
section
is
34
subject
to
licensee
discipline
by
the
appropriate
licensing
or
35
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disciplinary
authority.
1
DIVISION
XII
2
HEALTH
CARE
EMPLOYMENT
AGENCIES
3
Sec.
49.
RETROACTIVE
APPLICABILITY.
2022
Iowa
Acts,
House
4
File
2521,
applies
retroactively
to
any
contract
between
a
5
health
care
employment
agency
and
an
agency
worker
or
health
6
care
entity
referred
to
under
section
135Q.2,
subsection
3,
as
7
enacted
by
2022
Iowa
Acts,
House
File
2521,
that
was
entered
8
into
or
executed
on
or
after
January
1,
2019.
9
DIVISION
XIII
10
PHYSICAL
EXAMINATIONS
BY
LICENSED
PHYSICIANS
11
Sec.
50.
Section
237A.12,
Code
2022,
is
amended
by
adding
12
the
following
new
subsection:
13
NEW
SUBSECTION
.
6.
Rules
adopted
relating
to
physical
14
examination
requirements
for
licensed
or
registered
facility
15
personnel
and
the
children
being
provided
child
care
by
the
16
licensed
or
registered
facility
shall
allow
for
any
licensed
17
physician
as
defined
in
section
135.1
to
perform
the
physical
18
examination.
19
DIVISION
XIIV
20
BEVERAGE
CONTAINERS
CONTROL
21
Sec.
51.
Section
455C.2,
subsection
2,
paragraph
b,
if
22
enacted
by
2022
Iowa
Acts,
Senate
File
2378,
section
4,
is
23
amended
to
read
as
follows:
24
b.
A
distributor
who
pays
a
handling
fee
for
beverage
25
containers
a
beverage
container
that
was
sold
for
consumption
26
off
the
premises
and
that
used
to
contain
beer,
including
27
high-alcoholic
content
beer,
may
claim
a
refund
of
the
barrel
28
tax
established
in
section
123.136
paid
by
the
distributor
29
in
the
amount
of
one
cent
for
each
such
beverage
container
30
accepted
by
the
distributor
.
The
department
of
revenue
shall
31
prescribe
forms
for
a
distributor
to
use
to
claim
a
refund
32
under
this
paragraph.
Identifying
information
collected
by
the
33
department
of
revenue
pursuant
to
this
paragraph
that
can
be
34
used
to
identify
a
specific
distributor
shall
be
considered
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confidential
information
pursuant
to
section
22.7,
subsection
1
75.
2
Sec.
52.
EFFECTIVE
DATE.
This
division
of
this
Act
takes
3
effect
January
1,
2023.
4
DIVISION
XV
5
FUNERAL
SERVICES
——
CORRECTION
6
Sec.
53.
Section
523A.505,
subsection
1,
as
enacted
by
2022
7
Iowa
Acts,
House
File
2155,
section
4,
is
amended
to
read
as
8
follows:
9
1.
A
sales
agent,
and
any
person
who
owns
at
least
five
10
percent
of
a
preneed
seller
business,
shall
have
an
ongoing
11
duty
to
disclose
to
the
commissioner
all
felony
crimes
and
12
those
misdemeanor-level
crimes
involving
dishonesty
or
false
13
statement
for
which
the
sales
agent
or
person
has
been
found
14
guilty,
or
for
which
the
sales
agent
or
person
has
pled
15
guilty
or
no
contest.
Such
disclosure
shall
be
made
to
the
16
commissioner
within
thirty
calendar
days
of
the
date
that
17
the
sales
agent
or
person
has
been
found
guilty
by
a
court
18
of
competent
jurisdiction,
or
of
the
date
the
sales
agent
or
19
person
pleads
not
guilty
or
no
contest.
20
DIVISION
XVI
21
COUNTY
JURISDICTION
——
CEMETERIES
22
Sec.
54.
Section
331.325,
subsection
3,
Code
2022,
is
23
amended
by
adding
the
following
new
paragraph:
24
NEW
PARAGRAPH
.
d.
A
cemetery
that
does
not
otherwise
25
qualify
to
be
under
the
jurisdiction
and
control
of
a
county
26
board
of
supervisors
or
county
cemetery
commission
may
27
designate
a
portion
of
the
cemetery
as
a
pioneer
section
if
at
28
least
fifty
percent
of
the
burials
in
that
portion
occurred
29
at
least
one
hundred
years
prior
to
the
designation.
Upon
30
approval
by
the
cemetery,
the
county
board
of
supervisors,
and
31
the
county
cemetery
commission,
the
county
cemetery
commission
32
may
use
its
resources
to
restore
and
maintain
the
pioneer
33
section
of
the
cemetery
as
though
that
section
was
a
pioneer
34
cemetery.
However,
a
cemetery
with
a
designated
pioneer
35
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section
and
the
pioneer
section
itself
shall
not
be
considered
1
a
pioneer
cemetery.
2
Sec.
55.
NEW
SECTION
.
523I.403
Pioneer
section
——
3
management
by
county
cemetery
commission.
4
A
cemetery
may
designate
a
portion
of
the
cemetery
as
a
5
pioneer
section
to
be
restored
and
maintained
by
the
county
6
cemetery
commission
as
provided
in
section
331.325,
subsection
7
3,
paragraph
“d”
.
8
DIVISION
XVII
9
HOME-BASED
BUSINESSES
10
Sec.
56.
Section
137D.1,
subsection
4,
unnumbered
paragraph
11
1,
Code
2022,
as
amended
by
2022
Iowa
Acts,
House
File
2431,
12
section
2,
if
enacted,
is
amended
to
read
as
follows:
13
“Homemade
food
item”
means
a
food
that
is
produced
and,
if
14
packaged,
packaged
at
a
home
food
processing
establishment.
15
“Homemade
food
item”
includes
food
that
is
not
time/temperature
16
control
for
safety
food,
but
does
not
include
such
food
if
17
produced
and
sold
under
section
137F.20.
“Homemade
food
item”
18
does
not
include
unpasteurized
fruit
or
vegetable
juice,
raw
19
sprout
seeds,
foods
containing
game
animals,
fish
or
shellfish,
20
alcoholic
beverages,
bottled
water,
packaged
ice,
consumable
21
hemp
products,
food
that
will
be
further
processed
by
a
food
22
processing
plant,
time/temperature
control
for
safety
food
23
packaged
using
a
reduced
oxygen
packaging
method,
milk
or
milk
24
products
regulated
under
chapter
192
or
194
,
and
meat,
meat
25
food
products,
poultry,
or
poultry
products
regulated
under
26
chapter
189A,
except
for
any
of
the
following
products
when
27
sold
directly
to
the
end
consumer:
28
Sec.
57.
Section
137F.1,
subsection
2A,
paragraph
a,
if
29
enacted
by
2022
Iowa
Acts,
House
File
2431,
section
8,
is
30
amended
to
read
as
follows:
31
a.
Milk
or
milk
products
regulated
under
chapter
192
or
194
.
32
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