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

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83 18 research, monitoring, published or summary data relative to

83 19 any inert ingredient so long as such disclosure does not link

83 20 an inert ingredient to a particular brand of pesticide

83 21 registered in this state.

83 22 f. This section shall not be construed to prohibit the



83 23 release of information independently obtained from a source

83 24 other than registrations filed under this chapter which links

83 25 an inert ingredient to a pesticide registered in this state.

83 26 3. 4. The registrant, before selling or offering for sale

83 27 any pesticide for use in this state, shall register each brand

83 28 and grade of such pesticide with the secretary upon forms

83 29 furnished by the secretary, and the secretary shall set the

83 30 registration fee annually at one=fifth of one percent of gross

83 31 sales within this state with a minimum fee of two hundred

83 32 fifty dollars and a maximum fee of three thousand dollars for

83 33 each and every brand and grade to be offered for sale in this

83 34 state except as otherwise provided. The annual registration

83 35 fee for products with gross annual sales in this state of less
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84 1 than one million five hundred thousand dollars shall be the

84 2 greater of two hundred fifty dollars or one=fifth of one

84 3 percent of the gross annual sales as established by affidavit

84 4 of the registrant. The secretary shall adopt by rule

84 5 exemptions to the minimum fee. Fifty dollars of each fee

84 6 collected shall be deposited in the general fund of the state,

84 7 shall be subject to the requirements of section 8.60, and

84 8 shall be used only for the purpose of enforcing the provisions

84 9 of this chapter and the remainder of each fee collected shall

84 10 be placed in the agriculture management account of the

84 11 groundwater protection fund.

84 12 4. 5. The secretary, whenever the secretary deems it

84 13 necessary in the administration of this chapter, may require

84 14 the submission of the complete formula of any pesticide. If

84 15 it appears to the secretary that the composition of the

84 16 article is such as to warrant the proposed claims for it and

84 17 if the article and its labeling and other material required to

84 18 be submitted comply with the requirements of this chapter, the

84 19 secretary shall register the article.

84 20 5. 6. If it does not appear to the secretary that the

84 21 article is such as to warrant the proposed claims for it or if

84 22 the article and its labeling and other material required to be

84 23 submitted do not comply with the provisions of this chapter,

84 24 the secretary shall notify the registrant of the manner in

84 25 which the article, labeling, or other material required to be

84 26 submitted fail to comply with this chapter so as to afford the

84 27 registrant an opportunity to make the necessary corrections.

84 28 6. 7. Notwithstanding any other provisions of this

84 29 chapter, registration is not required in the case of a

84 30 pesticide shipped from one plant within this state to another

84 31 plant within this state operated by the same person.

84 32 7. 8. a. Each licensee under section 206.8 shall file an

84 33 annual report at the time of application for licensure with

84 34 the secretary of agriculture in a form specified by the

84 35 secretary of agriculture and which includes the following
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85 1 information:

85 2 (1) The gross retail sales of all pesticides sold at

85 3 retail for use in this state by a licensee with one hundred

85 4 thousand dollars or more in gross retail sales of the

85 5 pesticides sold for use in this state.

85 6 (2) The individual label name and dollar amount of each

85 7 pesticide sold at retail for which gross retail sales of the

85 8 individual pesticide are three thousand dollars or more.

85 9 b. A person who is subject to the household hazardous

85 10 materials permit requirements, and whose gross annual retail

85 11 sales of pesticides are less than ten thousand dollars for

85 12 each business location owned or operated by the person, shall

85 13 report annually, the individual label name of an individual

85 14 pesticide for which annual gross retail sales are three

85 15 thousand dollars or more. The information shall be submitted

85 16 on a form provided to household hazardous materials permittees

85 17 by the department of natural resources, and the department of

85 18 natural resources shall remit the forms to the department of

85 19 agriculture and land stewardship.

85 20 c. Notwithstanding the reporting requirements of this

85 21 section, the secretary of agriculture may, upon recommendation

85 22 of the advisory committee created pursuant to section 206.23,

85 23 and if the committee declares a pesticide to be a pesticide of

85 24 special concern, require the reporting of annual gross retail

85 25 sales of a pesticide.

85 26 d. A person who sells feed which contains a pesticide as

85 27 an integral part of the feed mixture, shall not be subject to

85 28 the reporting requirements of this section. However, a person

85 29 who manufactures feed which contains a pesticide as an

85 30 integral part of the feed mixture shall be subject to the

85 31 licensing requirements of section 206.8.

85 32 e. The information collected and included in the report

85 33 required under this section shall remain confidential. Public

85 34 reporting concerning the information collected shall be

85 35 performed in a manner which does not identify a specific brand
Senate File 446 - Introduced continued
86 1 name in the report.

86 2 Sec. 86. Section 216.8, Code 2009, is amended to read as

86 3 follows:

86 4 216.8 UNFAIR OR DISCRIMINATORY PRACTICES == HOUSING.

86 5 1. It shall be an unfair or discriminatory practice for

86 6 any person, owner, or person acting for an owner, of rights to

86 7 housing or real property, with or without compensation,

86 8 including but not limited to persons licensed as real estate

86 9 brokers or salespersons, attorneys, auctioneers, agents or

86 10 representatives by power of attorney or appointment, or any

86 11 person acting under court order, deed of trust, or will:

86 12 1. a. To refuse to sell, rent, lease, assign, sublease,

86 13 refuse to negotiate, or to otherwise make unavailable, or deny

86 14 any real property or housing accommodation or part, portion,

86 15 or interest therein, to any person because of the race, color,

86 16 creed, sex, sexual orientation, gender identity, religion,

86 17 national origin, disability, or familial status of such

86 18 person.

86 19 2. b. To discriminate against any person because of the

86 20 person's race, color, creed, sex, sexual orientation, gender

86 21 identity, religion, national origin, disability, or familial

86 22 status, in the terms, conditions, or privileges of the sale,

86 23 rental, lease assignment, or sublease of any real property or

86 24 housing accommodation or any part, portion, or interest in the

86 25 real property or housing accommodation or in the provision of

86 26 services or facilities in connection with the real property or

86 27 housing accommodation.

86 28 For purposes of this section, "person" means one or more


86 29 individuals, corporations, partnerships, associations, labor

86 30 organizations, legal representatives, mutual companies, joint

86 31 stock companies, trusts, unincorporated organizations,

86 32 trustees, trustees in cases under Title eleven of the United

86 33 States Code, receivers, and fiduciaries.

86 34 3. c. To directly or indirectly advertise, or in any

86 35 other manner indicate or publicize that the purchase, rental,
Senate File 446 - Introduced continued

87 1 lease, assignment, or sublease of any real property or housing

87 2 accommodation or any part, portion, or interest therein, by

87 3 persons of any particular race, color, creed, sex, sexual

87 4 orientation, gender identity, religion, national origin,

87 5 disability, or familial status is unwelcome, objectionable,

87 6 not acceptable, or not solicited.

87 7 4. d. To discriminate against the lessee or purchaser of

87 8 any real property or housing accommodation or part, portion,

87 9 or interest of the real property or housing accommodation, or

87 10 against any prospective lessee or purchaser of the property or

87 11 accommodation, because of the race, color, creed, religion,

87 12 sex, sexual orientation, gender identity, disability, age, or

87 13 national origin of persons who may from time to time be

87 14 present in or on the lessee's or owner's premises for lawful

87 15 purposes at the invitation of the lessee or owner as friends,

87 16 guests, visitors, relatives, or in any similar capacity.

87 17 2. For purposes of this section, "person" means one or


87 18 more individuals, corporations, partnerships, associations,

87 19 labor organizations, legal representatives, mutual companies,

87 20 joint stock companies, trusts, unincorporated organizations,

87 21 trustees, trustees in cases under Title eleven of the United

87 22 States Code, receivers, and fiduciaries.

87 23 Sec. 87. Section 216E.7, Code 2009, is amended to read as

87 24 follows:

87 25 216E.7 EXEMPTIONS.

87 26 This chapter does not apply to a hearing aid sold, leased,

87 27 or transferred to a consumer by an audiologist licensed under

87 28 chapter 147 154F, or a hearing aid dispenser licensed under

87 29 chapter 154A, if the audiologist or dispenser provides either

87 30 an express warranty for the hearing aid or provides for

87 31 service and replacement of the hearing aid.

87 32 Sec. 88. Section 225C.19, subsection 2, paragraph c, Code

87 33 2009, is amended to read as follows:

87 34 c. The services system shall be available twenty=four

87 35 hours per day, seven days per week to any individual who is in


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88 1 or is determined by self or others to be in a crisis

88 2 situation, regardless of whether the individual has been

88 3 diagnosed with a mental illness or a co=occurring mental

88 4 illness and substance abuse disorder, and. The system shall

88 5 address all ages, income levels, and health coverage statuses.

88 6 Sec. 89. Section 225C.35, unnumbered paragraph 1, Code

88 7 2009, is amended to read as follows:

88 8 For purposes of this division subchapter, unless the

88 9 context otherwise requires:

88 10 Sec. 90. Section 225C.36, Code 2009, is amended to read as

88 11 follows:

88 12 225C.36 FAMILY SUPPORT SUBSIDY PROGRAM.

88 13 A family support subsidy program is created as specified in

88 14 this division subchapter. The purpose of the family support

88 15 subsidy program is to keep families together by defraying some

88 16 of the special costs of caring for a family member at home.

88 17 The department shall adopt rules to implement the purposes of

88 18 this section and sections 225C.37 through 225C.42 which assure

88 19 that families retain the greatest possible flexibility in

88 20 determining appropriate use of the subsidy.

88 21 Sec. 91. Section 225C.51, unnumbered paragraph 1, Code

88 22 2009, is amended to read as follows:

88 23 For the purposes of this division subchapter:

88 24 Sec. 92. Section 225C.51, subsection 2, Code 2009, is

88 25 amended to read as follows:

88 26 2. "Children's system" or "mental health services system

88 27 for children and youth" means the mental health services

88 28 system for children and youth implemented pursuant to this

88 29 division subchapter.

88 30 Sec. 93. Section 231.42, Code 2009, is amended to read as

88 31 follows:

88 32 231.42 LONG=TERM CARE RESIDENT'S ADVOCATE == DUTIES.

88 33 1. The Iowa commission of elder affairs, in accordance

88 34 with section 712 of the federal Act, as codified at 42 U.S.C.

88 35 } 3058g, shall establish the office of long=term care
Senate File 446 - Introduced continued
89 1 resident's advocate within the department.

89 2 2. a. The long=term care resident's advocate shall:

89 3 1. (1) Investigate and resolve complaints about

89 4 administrative actions that may adversely affect the health,

89 5 safety, welfare, or rights of residents in long=term care

89 6 facilities, excluding facilities licensed primarily to serve

89 7 persons with mental retardation or mental illness.

89 8 2. (2) Monitor the development and implementation of

89 9 federal, state, and local laws, regulations, and policies that

89 10 relate to long=term care facilities in Iowa.

89 11 3. (3) Provide information to other agencies and to the

89 12 public about the problems of residents in long=term care

89 13 facilities, excluding facilities licensed primarily to serve

89 14 persons with mental retardation or mental illness.

89 15 4. (4) Train volunteers and assist in the development of

89 16 citizens' organizations to participate in the long=term care

89 17 resident's advocate program.

89 18 5. (5) Carry out other activities consistent with the

89 19 state long=term care ombudsman program provisions of the

89 20 federal Act.

89 21 6. (6) Administer the resident advocate committee

89 22 program.

89 23 7. (7) Report annually to the general assembly on the

89 24 activities of the resident's advocate office.

89 25 b. The long=term care resident's advocate shall have

89 26 access to long=term care facilities, private access to

89 27 residents, access to residents' personal and medical records,

89 28 and access to other records maintained by the facilities or

89 29 governmental agencies pertaining only to the person on whose

89 30 behalf a complaint is being investigated.

89 31 Sec. 94. Section 232.44, subsection 1, Code 2009, is

89 32 amended to read as follows:

89 33 1. a. A hearing shall be held within forty=eight hours,

89 34 excluding Saturdays, Sundays, and legal holidays, of the time

89 35 of the child's admission to a shelter care facility, and
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90 1 within twenty=four hours, excluding Saturdays, Sundays, and

90 2 legal holidays, of the time of a child's admission to a

90 3 detention facility. If the hearing is not held within the

90 4 time specified in this paragraph, the child shall be released

90 5 from shelter care or detention.

90 6 b. Prior to the hearing a petition shall be filed, except

90 7 where the child is already under the supervision of a juvenile

90 8 court under a prior judgment.

90 9 c. If the child is placed in a detention facility in a

90 10 county other than the county in which the child resides or in

90 11 which the delinquent act allegedly occurred but which is

90 12 within the same judicial district, the hearing may take place

90 13 in the county in which the detention facility is located.

90 14 d. The child shall appear in person at the hearing

90 15 required by this subsection.

90 16 Sec. 95. Section 235B.2, subsection 5, paragraph a,

90 17 subparagraph (3), Code 2009, is amended to read as follows:

90 18 (3) Sexual exploitation of a dependent adult by a

90 19 caretaker.

90 20 "Sexual exploitation" means any consensual or nonconsensual


90 21 sexual conduct with a dependent adult for the purpose of

90 22 arousing or satisfying the sexual desires of the caretaker or

90 23 dependent adult, which includes but is not limited to kissing;

90 24 touching of the clothed or unclothed inner thigh, breast,

90 25 groin, buttock, anus, pubes, or genitals; or a sex act, as

90 26 defined in section 702.17. Sexual exploitation does not

90 27 include touching which is part of a necessary examination,

90 28 treatment, or care by a caretaker acting within the scope of

90 29 the practice or employment of the caretaker; the exchange of a

90 30 brief touch or hug between the dependent adult and a caretaker

90 31 for the purpose of reassurance, comfort, or casual friendship;

90 32 or touching between spouses.

90 33 Sec. 96. Section 235B.2, Code 2009, is amended by adding

90 34 the following new subsection:

90 35 NEW SUBSECTION. 13A. "Sexual exploitation" means any


Senate File 446 - Introduced continued

91 1 consensual or nonconsensual sexual conduct with a dependent

91 2 adult for the purpose of arousing or satisfying the sexual

91 3 desires of the caretaker or dependent adult, which includes

91 4 but is not limited to kissing; touching of the clothed or

91 5 unclothed inner thigh, breast, groin, buttock, anus, pubes, or

91 6 genitals; or a sex act, as defined in section 702.17. "Sexual

91 7 exploitation" does not include touching which is part of a

91 8 necessary examination, treatment, or care by a caretaker

91 9 acting within the scope of the practice or employment of the

91 10 caretaker; the exchange of a brief touch or hug between the

91 11 dependent adult and a caretaker for the purpose of

91 12 reassurance, comfort, or casual friendship; or touching

91 13 between spouses.

91 14 Sec. 97. Section 235E.4, Code 2009, is amended to read as

91 15 follows:

91 16 235E.4 CHAPTER 235B APPLICATION.

91 17 Sections 235B.4 through 235B.20, when not inconsistent with

91 18 this chapter, shall apply to this chapter.

91 19 Sec. 98. Section 237.18, unnumbered paragraph 2, Code

91 20 2009, is amended to read as follows:

91 21 9. The state board shall make Make recommendations to the

91 22 general assembly, the department, to child=placing agencies,

91 23 the governor, the supreme court, the chief judge of each

91 24 judicial district, and to the judicial branch. The

91 25 recommendations shall include, but are not limited to,

91 26 identification of systemic problems in the foster care and the

91 27 juvenile justice systems, specific proposals for improvements

91 28 that assist the systems in being more cost=effective and

91 29 better able to protect the best interests of children, and

91 30 necessary changes relating to the data collected and the

91 31 annual report made under subsection 2, paragraph "b".

91 32 Sec. 99. Section 237A.5, subsection 2, paragraph c, Code

91 33 2009, is amended to read as follows:

91 34 c. Unless a record check has already been conducted in

91 35 accordance with paragraph "b", the department shall conduct a

Senate File 446 - Introduced continued
92 1 criminal and child abuse record check in this state for a

92 2 person who is subject to a record check and may conduct such a

92 3 check in other states. In addition, the department may

92 4 conduct a dependent adult abuse, sex offender registry, or

92 5 other public or civil offense record check in this state or in

92 6 other states for a person who is subject to a record check.

92 7 If a record check performed pursuant to this paragraph

92 8 identifies an individual as a person subject to an evaluation,

92 9 an evaluation shall be performed to determine whether

92 10 prohibition of the person's involvement with child care is

92 11 warranted. The evaluation shall be performed in accordance

92 12 with procedures adopted for this purpose by the department.

92 13 Prior to performing an evaluation, the department shall notify

92 14 the affected person, licensee, registrant, or child care home

92 15 applying for or receiving public funding for providing child

92 16 care, that an evaluation will be conducted to determine

92 17 whether prohibition of the person's involvement with child


92 18 care is warranted.

92 19 Prior to performing an evaluation, the department shall



92 20 notify the affected person, licensee, registrant, or child

92 21 care home applying for or receiving public funding for

92 22 providing child care, that an evaluation will be conducted to

92 23 determine whether prohibition of the person's involvement with

92 24 child care is warranted.

92 25 Sec. 100. Section 257.6, subsection 6, paragraph b, Code

92 26 2009, is amended to read as follows:

92 27 b. Continues enrollment in the district to take courses

92 28 either provided by the district, or offered by community

92 29 colleges under the provisions of section 257.11, or to take

92 30 courses under the provisions of section 261E.6.

92 31 Sec. 101. Section 260C.11, subsection 1, Code 2009, is

92 32 amended to read as follows:

92 33 1. The governing board of a merged area is a board of

92 34 directors composed of one member elected from each director




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