Iowa General Assembly Daily Bills, Amendments & Study Bills March 17, 2009



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10 25 ending on the ... day of ....., A.D. (month) ... )(year)],

10 26 and until a successor is elected and qualified.

10 27 .............,

10 28 President of Board of Canvassers.

10 29 Witness, .............,

10 30 County Commissioner of Elections

10 31 (clerk).

10 32 2. Such The certificate of election is presumptive

10 33 evidence of the person's election and qualification.

10 34 Sec. 27. Section 68A.405, subsection 1, paragraph b, Code

10 35 2009, is amended to read as follows:

Senate File 446 - Introduced continued
11 1 b. Except as set out in section subsection 2, published

11 2 material designed to expressly advocate the nomination,

11 3 election, or defeat of a candidate for public office or the

11 4 passage or defeat of a ballot issue shall include on the

11 5 published material an attribution statement disclosing who is

11 6 responsible for the published material.

11 7 Sec. 28. Section 68A.503, subsection 2, paragraph a, Code

11 8 2009, is amended to read as follows:

11 9 a. Except as provided in subsection 3, it is unlawful for

11 10 a member, employee, or representative of a committee, or its



11 11 employee or representative, except other than a ballot issue

11 12 committee, or for a candidate or a representative of a


11 13 candidate for office or the representative of the candidate,

11 14 to solicit, request, or knowingly receive from an insurance

11 15 company, savings and loan association, bank, credit union, or

11 16 corporation organized pursuant to the laws of this state, the

11 17 United States, or any other state, territory, or foreign

11 18 country, whether for profit or not, or its from an officer,

11 19 agent, or representative, any money, property, or thing of

11 20 value belonging to the insurance company, savings and loan

11 21 association, bank, credit union, or corporation for campaign

11 22 either of the following purposes:

11 23 (1) Campaign expenses, or to.

11 24 (2) To expressly advocate that the vote of an elector be

11 25 used to nominate, elect, or defeat a candidate for public

11 26 office.

11 27 Sec. 29. Section 84A.1A, subsection 1, Code 2009, is

11 28 amended to read as follows:

11 29 1. An Iowa workforce development board is created,

11 30 consisting of nine voting members appointed by the governor

11 31 and eight ex officio, nonvoting members.

11 32 a. The governor shall appoint the nine voting members of


11 33 the workforce development board for a term of four years

11 34 beginning and ending as provided by section 69.19, subject to

11 35 confirmation by the senate, and the governor's appointments
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12 1 shall include persons knowledgeable in the area of workforce

12 2 development. Of the nine voting members, one member shall

12 3 represent a nonprofit organization involved in workforce

12 4 development services, four members shall represent employers,

12 5 and four members shall represent nonsupervisory employees. Of

12 6 the members appointed by the governor to represent

12 7 nonsupervisory employees, two members shall be from statewide

12 8 labor organizations, one member shall be an employee

12 9 representative of a labor management council, and one member

12 10 shall be a person with experience in worker training programs.

12 11 The governor shall consider recommendations from statewide

12 12 labor organizations for the members representing

12 13 nonsupervisory employees. Not more than five of the voting

12 14 members shall be from the same political party.

12 15 b. The ex officio, nonvoting members are four legislative

12 16 members; one president, or the president's designee, of the

12 17 university of northern Iowa, the university of Iowa, or Iowa

12 18 state university of science and technology, designated by the

12 19 state board of regents on a rotating basis; one representative

12 20 from the largest statewide public employees' organization

12 21 representing state employees; one president, or the

12 22 president's designee, of an independent Iowa college,

12 23 appointed by the Iowa association of independent colleges and

12 24 universities; and one superintendent, or the superintendent's

12 25 designee, of a community college, appointed by the Iowa

12 26 association of community college presidents. The legislative

12 27 members are two state senators, one appointed by the president

12 28 of the senate after consultation with the majority leader of

12 29 the senate, and one appointed by the minority leader of the

12 30 senate from their respective parties; and two state

12 31 representatives, one appointed by the speaker of the house of

12 32 representatives after consultation with the majority leader of

12 33 the house of representatives, and one appointed by the

12 34 minority leader of the house of representatives from their

12 35 respective parties. The legislative members shall serve for

Senate File 446 - Introduced continued
13 1 terms as provided in section 69.16B. Not more than five of

13 2 the voting members shall be from the same political party. Of

13 3 the nine voting members, one member shall represent a

13 4 nonprofit organization involved in workforce development

13 5 services, four members shall represent employers, and four

13 6 members shall represent nonsupervisory employees. Of the

13 7 members appointed by the governor to represent nonsupervisory

13 8 employees, two members shall be from statewide labor

13 9 organizations, one member shall be an employee representative

13 10 of a labor management council, and one member shall be a

13 11 person with experience in worker training programs. The

13 12 governor shall consider recommendations from statewide labor

13 13 organizations for the members representing nonsupervisory

13 14 employees. The governor shall appoint the nine voting members

13 15 of the workforce development board for a term of four years

13 16 beginning and ending as provided by section 69.19, subject to

13 17 confirmation by the senate, and the governor's appointments

13 18 shall include persons knowledgeable in the area of workforce


13 19 development.

13 20 Sec. 30. Section 96.9, subsection 1, paragraph e, Code

13 21 2009, is amended to read as follows:

13 22 e. All money credited to this state's account in the

13 23 unemployment trust fund pursuant to section 903 of the Social

13 24 Security Act [42, codified at 42 U.S.C. } 501==503,

13 25 1103==1105, 1321==1324] 1321==1324. All moneys in the

13 26 unemployment compensation fund shall be mingled and undivided.

13 27 Sec. 31. Section 100C.1, subsection 2, Code 2009, is

13 28 amended to read as follows:

13 29 2. "Alarm system contractor" means a person engaging in or

13 30 representing oneself as that the person is engaging in the

13 31 business of layout, installation, repair, alteration,

13 32 addition, maintenance, or maintenance inspection of alarm

13 33 systems in this state.

13 34 Sec. 32. Section 103A.1, Code 2009, is amended to read as

13 35 follows:
Senate File 446 - Introduced continued

14 1 103A.1 ESTABLISHMENT.

14 2 This chapter division shall be known as the "State Building

14 3 Code Act".

14 4 Sec. 33. Section 103A.8A, Code 2009, is amended to read as

14 5 follows:

14 6 103A.8A ENERGY CONSERVATION REQUIREMENTS.

14 7 The state building code commissioner shall adopt as a part

14 8 of the state building code a requirement that new

14 9 single=family or two=family residential construction shall

14 10 comply with energy conservation requirements. The

14 11 requirements adopted by the commissioner shall be based upon a

14 12 nationally recognized standard or code for energy

14 13 conservation. The requirements shall only apply to

14 14 single=family or two=family residential construction commenced

14 15 after the adoption of the requirements. Notwithstanding any

14 16 other provision of this chapter to the contrary, the energy

14 17 conservation requirements adopted by the commissioner and

14 18 approved by the council shall apply to new single=family or

14 19 two=family residential construction commenced on or after July

14 20 1, 2008, and shall supersede and replace any minimum

14 21 requirements for energy conservation adopted or enacted by the

14 22 a governmental subdivision prior to that date applicable to

14 23 such construction. The state building code commissioner may

14 24 provide training to builders, contractors, and other

14 25 interested persons on the adopted energy conservation

14 26 requirements.

14 27 Sec. 34. Section 124.203, Code 2009, is amended to read as

14 28 follows:

14 29 124.203 SUBSTANCES LISTED IN SCHEDULE I == CRITERIA.

14 30 1. The board shall recommend to the general assembly that

14 31 it the general assembly place a substance in schedule I any if


14 32 the substance is not already included therein if and the board

14 33 finds that the substance:

14 34 1. a. Has high potential for abuse; and

14 35 2. b. Has no accepted medical use in treatment in the


Senate File 446 - Introduced continued

15 1 United States; or lacks accepted safety for use in treatment

15 2 under medical supervision.

15 3 2. If the board finds that any substance included in

15 4 schedule I does not meet these criteria, it the board shall

15 5 recommend that the general assembly place the substance in a

15 6 different schedule or remove it the substance from the list of

15 7 controlled substances, as appropriate.

15 8 Sec. 35. Section 124.205, Code 2009, is amended to read as

15 9 follows:

15 10 124.205 SUBSTANCES LISTED IN SCHEDULE II == CRITERIA.

15 11 1. The board shall recommend to the general assembly that

15 12 it the general assembly place a substance in schedule II any

15 13 if the substance is not already included therein if and the

15 14 board finds that:

15 15 1. a. The substance has high potential for abuse;

15 16 2. b. The substance has currently accepted medical use in

15 17 treatment in the United States, or currently accepted medical

15 18 use with severe restrictions; and

15 19 3. c. Abuse of the substance may lead to severe psychic

15 20 or physical dependence.

15 21 2. If the board finds that any substance included in

15 22 schedule II does not meet these criteria, it the board shall

15 23 recommend that the general assembly place the substance in a

15 24 different schedule or remove it the substance from the list of

15 25 controlled substances, as appropriate.

15 26 Sec. 36. Section 124.207, Code 2009, is amended to read as

15 27 follows:

15 28 124.207 SUBSTANCES LISTED IN SCHEDULE III == CRITERIA.

15 29 1. The board shall recommend to the general assembly that

15 30 it the general assembly place a substance in schedule III any

15 31 if the substance is not already included therein if and the

15 32 board finds that:

15 33 1. a. The substance has a potential for abuse which is

15 34 less than that of the substances listed in schedules I and II;

15 35 2. b. The substance has currently accepted medical use in
Senate File 446 - Introduced continued
16 1 treatment in the United States; and

16 2 3. c. Abuse of the substance may lead to moderate or low

16 3 physical dependence or high psychological dependence.

16 4 2. If the board finds that any substance included in

16 5 schedule III does not meet these criteria, it the board shall

16 6 recommend that the general assembly place the substance in a

16 7 different schedule or remove it the substance from the list of

16 8 controlled substances, as appropriate.

16 9 Sec. 37. Section 124.209, Code 2009, is amended to read as

16 10 follows:

16 11 124.209 SUBSTANCES LISTED IN SCHEDULE IV == CRITERIA.

16 12 1. The board shall recommend to the general assembly that

16 13 it the general assembly place a substance in schedule IV any

16 14 if the substance is not already included therein if and the

16 15 board finds that:

16 16 1. a. The substance has a low potential for abuse

16 17 relative to when compared with the substances listed in

16 18 schedule III;

16 19 2. b. The substance has currently accepted medical use in

16 20 treatment in the United States; and

16 21 3. c. Abuse of the substance may lead to limited physical

16 22 dependence or psychological dependence relative to when


16 23 compared with the substances listed in schedule III.

16 24 2. If the board finds that any substance included in

16 25 schedule IV does not meet these criteria, it the board shall

16 26 recommend that the general assembly place the substance in a

16 27 different schedule or remove it the substance from the list of

16 28 controlled substances, as appropriate.

16 29 Sec. 38. Section 124.211, Code 2009, is amended to read as

16 30 follows:

16 31 124.211 SCHEDULE V == CRITERIA.

16 32 1. The board shall recommend to the general assembly that

16 33 it the general assembly place a substance in schedule V any if

16 34 any substance is not already included therein if and the board

16 35 finds that:


Senate File 446 - Introduced continued

17 1 1. a. The substance has a low potential for abuse

17 2 relative to when compared with the substances listed in

17 3 schedule IV;

17 4 2. b. The substance has currently accepted medical use in

17 5 treatment in the United States; and

17 6 3. c. The substance has limited physical dependence or

17 7 psychological dependence liability relative to when compared

17 8 with the controlled substances listed in schedule IV.

17 9 2. If the board finds that any substance included in

17 10 schedule V does not meet these criteria, it the board shall

17 11 recommend that the general assembly place the substance in a

17 12 different schedule or remove it the substance from the list of

17 13 controlled substances, as appropriate.

17 14 Sec. 39. Section 135.17, subsection 3, Code 2009, is

17 15 amended to read as follows:

17 16 3. By June 30 annually, each local board shall furnish the

17 17 department with evidence that each person student enrolled in

17 18 any public or nonpublic school within the local board's

17 19 jurisdiction has met the dental screening requirement in this

17 20 section.

17 21 Sec. 40. Section 135.62, subsection 2, Code 2009, are

17 22 amended to read as follows:

17 23 2. There is established a state health facilities council

17 24 consisting of five persons appointed by the governor. The

17 25 council shall be within the department for administrative and

17 26 budgetary purposes.

17 27 a. QUALIFICATIONS. The members of the council shall be

17 28 chosen so that the council as a whole is broadly

17 29 representative of various geographical areas of the state, and

17 30 no more than three of its members are affiliated with the same

17 31 political party. Each council member shall be a person who

17 32 has demonstrated by prior activities an informed concern for

17 33 the planning and delivery of health services. No A member of

17 34 the council, nor and any spouse of a member, shall not, during

17 35 the time that member is serving on the council, do either of


Senate File 446 - Introduced continued
18 1 the following:

18 2 (1) Be a health care provider nor be otherwise directly or

18 3 indirectly engaged in the delivery of health care services nor

18 4 have a material financial interest in the providing or

18 5 delivery of health services; nor.

18 6 (2) Serve as a member of any board or other policymaking

18 7 or advisory body of an institutional health facility, a health

18 8 maintenance organization, or any health or hospital insurer.

18 9 b. APPOINTMENTS. Terms of council members shall be six

18 10 years, beginning and ending as provided in section 69.19. A

18 11 member shall be appointed in each odd=numbered year to succeed

18 12 each member whose term expires in that year. Vacancies shall

18 13 be filled by the governor for the balance of the unexpired

18 14 term. Each appointment to the council is subject to

18 15 confirmation by the senate. A council member is ineligible

18 16 for appointment to a second consecutive term, unless first

18 17 appointed to an unexpired term of three years or less.

18 18 c. CHAIRPERSON. The governor shall designate one of the

18 19 council members as chairperson. That designation may be

18 20 changed not later than July 1 of any odd=numbered year,

18 21 effective on the date of the organizational meeting held in

18 22 that year under paragraph "c" of this subsection "d".

18 23 c. d. MEETINGS. The council shall hold an organizational

18 24 meeting in July of each odd=numbered year, or as soon

18 25 thereafter as the new appointee or appointees are confirmed

18 26 and have qualified. Other meetings shall be held as necessary

18 27 to enable the council to expeditiously discharge its duties.

18 28 Meeting dates shall be set upon adjournment or by call of the

18 29 chairperson upon five days' notice to the other members.

18 30 e. COMPENSATION. Each member of the council shall receive

18 31 a per diem as specified in section 7E.6 and reimbursement for

18 32 actual expenses while engaged in official duties.

18 33 d. f. DUTIES. The council shall do all of the following:

18 34 (1) Make the final decision, as required by section

18 35 135.69, with respect to each application for a certificate of

Senate File 446 - Introduced continued
19 1 need accepted by the department.

19 2 (2) Determine and adopt such policies as are authorized by

19 3 law and are deemed necessary to the efficient discharge of its

19 4 duties under this division.

19 5 (3) Have authority to direct staff personnel of the

19 6 department assigned to conduct formal or summary reviews of

19 7 applications for certificates of need.

19 8 (4) Advise and counsel with the director concerning the

19 9 provisions of this division, and the policies and procedures

19 10 adopted by the department pursuant to this division.

19 11 (5) Review and approve, prior to promulgation, all rules

19 12 adopted by the department under this division.

19 13 Sec. 41. Section 135.107, Code 2009, is amended to read as

19 14 follows:

19 15 135.107 CENTER FOR RURAL HEALTH AND PRIMARY CARE

19 16 ESTABLISHED == DUTIES.

19 17 1. The center for rural health and primary care is

19 18 established within the department. There is established an



19 19 advisory committee to the center for rural health and primary

19 20 care consisting of one representative, approved by the


19 21 respective agency, of each of the following agencies: the

19 22 department of agriculture and land stewardship, the Iowa

19 23 department of public health, the department of inspections and

19 24 appeals, the national institute for rural health policy, the

19 25 rural health resource center, the institute of agricultural

19 26 medicine and occupational health, and the Iowa state

19 27 association of counties. The governor shall appoint two

19 28 representatives of consumer groups active in rural health

19 29 issues and a representative of each of two farm organizations

19 30 active within the state, a representative of an agricultural

19 31 business in the state, a practicing rural family physician, a

19 32 practicing rural physician assistant, a practicing rural




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