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

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151 12 subterfuge.

151 13 b. (2) Forging or altering a written, electronic, or

151 14 facsimile prescription or any written, electronic, or

151 15 facsimile order.

151 16 c. (3) Concealing a material fact.

151 17 d. (4) Using a false name or giving a false address.

151 18 2. b. Willfully making a false statement in any

151 19 prescription, report, or record required by this chapter.

151 20 3. c. For the purpose of obtaining a prescription drug or

151 21 device, falsely assuming the title of or claiming to be a

151 22 manufacturer, wholesaler, pharmacist, pharmacy owner,

151 23 physician, dentist, podiatric physician, veterinarian, or

151 24 other authorized person.

151 25 4. d. Making or uttering any false or forged oral,

151 26 written, electronic, or facsimile prescription or oral,

151 27 written, electronic, or facsimile order.

151 28 5. e. Forging, counterfeiting, simulating, or falsely

151 29 representing any drug or device without the authority of the

151 30 manufacturer, or using any mark, stamp, tag, label, or other

151 31 identification device without the authorization of the

151 32 manufacturer.

151 33 6. f. Manufacturing, repackaging, selling, delivering, or

151 34 holding or offering for sale any drug or device that is

151 35 adulterated, misbranded, counterfeit, suspected of being
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152 1 counterfeit, or that has otherwise been rendered unfit for

152 2 distribution.

152 3 7. g. Adulterating, misbranding, or counterfeiting any

152 4 drug or device.

152 5 8. h. Receiving any drug or device that is adulterated,

152 6 misbranded, stolen, obtained by fraud or deceit, counterfeit,

152 7 or suspected of being counterfeit, and delivering or

152 8 proffering delivery of such drug or device for pay or

152 9 otherwise.

152 10 9. i. Adulterating, mutilating, destroying, obliterating,

152 11 or removing the whole or any part of the labeling of a drug or

152 12 device or committing any other act with respect to a drug or

152 13 device that results in the drug or device being misbranded.

152 14 10. j. Purchasing or receiving a drug or device from a

152 15 person who is not licensed to distribute the drug or device to

152 16 that purchaser or recipient.

152 17 11. k. Selling or transferring a drug or device to a

152 18 person who is not authorized under the law of the jurisdiction

152 19 in which the person receives the drug or device to purchase or

152 20 possess the drug or device from the person selling or

152 21 transferring the drug or device.

152 22 12. l. Failing to maintain or provide records as required

152 23 by this chapter, chapter 124, or rules of the board.

152 24 13. m. Providing the board or any of its representatives

152 25 or any state or federal official with false or fraudulent

152 26 records or making false or fraudulent statements regarding any

152 27 matter within the scope of this chapter, chapter 124, or rules

152 28 of the board.

152 29 14. n. Distributing at wholesale any drug or device that

152 30 meets any of the following conditions:

152 31 a. (1) The drug or device was purchased by a public or

152 32 private hospital or other health care entity.

152 33 b. (2) The drug or device was donated or supplied at a

152 34 reduced price to a charitable organization.

152 35 c. (3) The drug or device was purchased from a person not
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153 1 licensed to distribute the drug or device.

153 2 d. (4) The drug or device was stolen or obtained by fraud

153 3 or deceit.

153 4 15. o. Failing to obtain a license or operating without a

153 5 valid license when a license is required pursuant to this

153 6 chapter or chapter 147.

153 7 16. p. Engaging in misrepresentation or fraud in the

153 8 distribution of a drug or device.

153 9 17. q. Distributing a drug or device to a patient without

153 10 a prescription drug order or medication order from a

153 11 practitioner licensed by law to use or prescribe the drug or

153 12 device.

153 13 18. r. Distributing a drug or device that was previously

153 14 dispensed by a pharmacy or distributed by a practitioner

153 15 except as provided by rules of the board.

153 16 19. s. Failing to report any prohibited act.

153 17 2. Information communicated to a physician in an unlawful

153 18 effort to procure a prescription drug or device or to procure

153 19 the administration of a prescription drug shall not be deemed

153 20 a privileged communication.

153 21 3. Subsections 6 and 7 Subsection 1, paragraphs "f" and


153 22 "g", shall not apply to the wholesale distribution by a

153 23 manufacturer of a prescription drug or device that has been

153 24 delivered into commerce pursuant to an application approved by

153 25 the federal food and drug administration.

153 26 Sec. 197. Section 159A.6, subsections 2 through 4, Code

153 27 2009, are amended to read as follows:

153 28 2. The office shall promote the advantages related to the

153 29 use of renewable fuels as an alternative to nonrenewable

153 30 fuels. Promotions shall be designed to inform the ultimate

153 31 consumer of advantages associated with using renewable fuels,

153 32 and emphasize the benefits to the natural environment. The

153 33 promotion shall inform consumers at the businesses of retail

153 34 dealers of motor vehicle fuels.

153 35 3. The committee shall develop standards for decals


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154 1 required pursuant to section 214A.16, which shall be designed

154 2 to promote the advantages of using renewable fuels. The

154 3 standards may be incorporated within a model decal adopted by

154 4 the committee and approved by the office.

154 5 3. 4. The office shall promote the advantages related to

154 6 the use of coproducts derived from the production of renewable

154 7 fuels, including the use of coproducts used as livestock feed

154 8 or meal. Promotions shall be designed to inform the potential

154 9 purchasers of the advantages associated with using coproducts.

154 10 The office shall promote advantages associated with using

154 11 coproducts of ethanol production as livestock feed or meal to

154 12 cattle producers in this state.

154 13 4. 5. The office may contract to provide all or part of

154 14 these services.

154 15 Sec. 198. Section 159A.6B, Code 2009, is amended to read

154 16 as follows:

154 17 159A.6B TECHNICAL ASSISTANCE.

154 18 1. The office shall assist persons in revitalizing rural

154 19 regions of this state, by providing technical assistance to

154 20 new or existing renewable fuel production facilities,

154 21 including the establishment and operation of facilities, and

154 22 specifically facilities which create coproducts, including

154 23 coproducts which support livestock production operations. The

154 24 office shall consult with the Iowa corn growers association

154 25 and the Iowa soybean association. The office shall provide

154 26 planning assistance which may include evaluations of methods

154 27 to most profitably manage these operations. The business

154 28 planning assistance shall provide for adequate environmental

154 29 protection of this state's natural resources from the

154 30 operation of the facility.

154 31 2. The office may execute contracts in order to provide

154 32 technical support and outreach services for purposes of

154 33 assisting and educating interested persons as provided in this

154 34 section. The office may also contract with a consultant to

154 35 provide part or all of these services. The office may require
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155 1 that a person receiving assistance pursuant to this section

155 2 contribute up to fifty percent of the amount required to

155 3 support the costs of contracting with the consultant to

155 4 provide assistance to the person. The office shall assist the

155 5 person in completing any technical information required in

155 6 order to receive assistance by the department of economic

155 7 development pursuant to the value=added agricultural products

155 8 and processes financial assistance program created pursuant to

155 9 section 15E.111.

155 10 3. The office shall cooperate with the department of

155 11 economic development, the department of natural resources, and

155 12 regents institutions or other universities and colleges as

155 13 provided in section 15E.111, in order to carry out this

155 14 section.

155 15 Sec. 199. Section 159A.7, subsection 1, Code 2009, is

155 16 amended to read as follows:

155 17 1. A renewable fuels and coproducts fund is created in the

155 18 state treasury under the control of the office of renewable

155 19 fuels and coproducts. The fund may also include other moneys

155 20 available to and obtained or accepted by the office, including

155 21 moneys from the United States, other states in the union,

155 22 foreign nations, state agencies, political subdivisions, and

155 23 private sources.

155 24 1A. Moneys in the fund shall be used only to carry out the

155 25 provisions of this section and sections 159A.3, 159A.4,

155 26 159A.5, 159A.6, 159A.6A, and 159A.6B within the state of Iowa.

155 27 Sec. 200. Section 161.8, subsection 1, Code 2009, is

155 28 amended to read as follows:

155 29 1. A person is not required to comply with the

155 30 requirements of this chapter, including the remediation of a

155 31 site, unless the person is a responsible person who executes a

155 32 remediation agreement with the board, as provided in this

155 33 section. The remediation agreement shall provide for all of

155 34 the following:

155 35 a. The terms and conditions required to perform
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156 1 remediation under a plan of remediation as provided in this

156 2 section, and the payment of claims as provided in section

156 3 161.9.

156 4 b. A plan for remediation of a site where contamination

156 5 has been discovered. The plan shall provide procedures for a

156 6 remediation of the contaminated site, a schedule for providing

156 7 for the remediation of the site according to remediation

156 8 standards provided in section 161.5, and the classification

156 9 and prioritization of sites as provided in section 161.6. The

156 10 plan may be amended at any time, if approved by the

156 11 department, if the amendment to the agreement is executed by

156 12 the responsible person and the board. The plan shall be

156 13 developed by the responsible person and approved by the

156 14 department for each site subject to the agreement. The plan

156 15 shall include all of the following:

156 16 (1) A determination as to the extent of the existing soil,

156 17 groundwater, or surface water contamination.

156 18 (2) The proximity of the contamination and the likelihood

156 19 that the contamination will affect a drinking water well.

156 20 (3) The characteristics of the site and the potential for

156 21 migration of the contamination.

156 22 (4) Whether the site is classified as a high, medium, or

156 23 low priority site, as provided in section 161.6.

156 24 1A. The department may require that an initial plan of

156 25 remediation be submitted prior to execution of a remediation

156 26 agreement. The department may require that the initial plan

156 27 recommend whether a site be classified as a high or medium

156 28 priority site. The department may require further

156 29 investigation be conducted to determine the extent of the

156 30 remediation which should be conducted on the site.

156 31 Sec. 201. Section 161A.5, subsection 3, Code 2009, is

156 32 amended to read as follows:

156 33 3. At each general election a successor shall be chosen

156 34 for each commissioner whose term will expire in the succeeding

156 35 January.
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157 1 a. Nomination of candidates for the office of commissioner

157 2 shall be made by petition in accordance with chapter 45,

157 3 except that each candidate's nominating petition shall be

157 4 signed by at least twenty=five eligible electors of the

157 5 district. The petition form shall be furnished by the county

157 6 commissioner of elections.

157 7 b. Every candidate shall file with the nomination papers

157 8 an affidavit stating the candidate's name, the candidate's

157 9 residence, that the person is a candidate and is eligible for

157 10 the office of commissioner, and that if elected the candidate

157 11 will qualify for the office. The affidavit shall also state

157 12 that the candidate is aware that the candidate is disqualified

157 13 from holding office if the candidate has been convicted of a

157 14 felony or other infamous crime and the candidate's rights have

157 15 not been restored by the governor or by the president of the

157 16 United States.

157 17 c. The signed petitions shall be filed with the county

157 18 commissioner of elections not later than five p.m. on the

157 19 sixty=ninth day before the general election.

157 20 d. The votes for the office of district commissioner shall

157 21 be canvassed in the same manner as the votes for county

157 22 officers, and the returns shall be certified to the

157 23 commissioners of the district. A plurality is sufficient to

157 24 elect commissioners, and a primary election for the office

157 25 shall not be held.

157 26 e. If the canvass shows that the two candidates receiving

157 27 the highest and the second highest number of votes for the

157 28 office of district commissioner are both residents of the same

157 29 township, the board shall certify as elected the candidate who

157 30 received the highest number of votes for the office and the

157 31 candidate receiving the next highest number of votes for the

157 32 office who is not a resident of the same township as the

157 33 candidate receiving the highest number of votes.

157 34 Sec. 202. Section 161A.47, Code 2009, is amended to read

157 35 as follows:
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158 1 161A.47 INSPECTION OF LAND ON COMPLAINT.

158 2 1. The commissioners shall inspect or cause to be

158 3 inspected any land within the district to determine if land is

158 4 being damaged by sediment, from soil erosion occurring on

158 5 neighboring land in excess of the limits established by the

158 6 district's soil erosion control regulations. If the land is

158 7 privately owned, the commissioners shall make or cause to be

158 8 made the inspection, upon receiving a written complaint signed

158 9 by an owner or occupant of land claiming that the owner's or

158 10 occupant's land is being damaged by sediment. If the land is

158 11 subject to a public interest, the commissioners shall make or

158 12 cause to be made the inspection upon a majority vote of

158 13 commissioners at an open meeting held pursuant to chapter 21.

158 14 Land is subject to a public interest if the land is publicly

158 15 held, subject to an easement held by the public, or the

158 16 subject of an improvement made at public expense.

158 17 2. If, after the inspection, the commissioners find that

158 18 sediment damages are occurring to land which is owned or

158 19 occupied by the person filing the complaint or subject to a

158 20 public interest, and that excess soil erosion is occurring on

158 21 neighboring land, the commissioners shall issue an

158 22 administrative order to the landowner or landowners of record,

158 23 and to the occupant of the land if known to the commissioners.

158 24 The order shall describe the land and state as nearly as

158 25 possible the extent to which soil erosion on the land exceeds

158 26 the limits established by the district's regulations.

158 27 3. The order shall be delivered either by personal service

158 28 or by restricted certified mail to each of the persons to whom

158 29 it is directed, and shall:

158 30 1. a. In the case of erosion occurring on the site of any

158 31 construction project or similar undertaking involving the

158 32 removal of all or a major portion of the vegetation or other

158 33 cover, exposing bare soil directly to water or wind, state a

158 34 time not more than five days after service or mailing of the

158 35 notice of the order when work necessary to establish or
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159 1 maintain erosion control practices must be commenced, and a

159 2 time not more than thirty days after service or mailing of the

159 3 notice of the order when the work is to be satisfactorily

159 4 completed.

159 5 2. b. In all other cases, state a time not more than six

159 6 months after service or mailing of the notice of the order, by

159 7 which work needed to establish or maintain the necessary soil

159 8 and water conservation practices or erosion control measures

159 9 must be commenced, and a time not more than one year after the

159 10 service or mailing of the notice of the order when the work is

159 11 to be satisfactorily completed, unless the requirements of the

159 12 order are superseded by the provisions of section 161A.48.

159 13 Sec. 203. Section 163.6, subsections 2 and 3, Code 2009,

159 14 are amended to read as follows:

159 15 2. The department may require that samples of blood be

159 16 collected from animals at a slaughtering establishment in

159 17 order to determine if the animals are infected with an

159 18 infectious or contagious disease, according to rules adopted

159 19 by the department of agriculture and land stewardship. Upon

159 20 approval by the department, the collection shall be performed

159 21 by either of the following:

159 22 a. A slaughtering establishment under an agreement

159 23 executed by the department and the slaughtering establishment.

159 24 b. A person authorized by the department.

159 25 3. An authorized person collecting samples shall have

159 26 access to areas where the animals are confined in order to

159 27 collect blood samples. The department shall notify the

159 28 slaughtering establishment in writing that samples of blood

159 29 must be collected for analysis. The notice shall be provided

159 30 in a manner required by the department.

159 31 3. 4. In carrying out this section, a person authorized

159 32 by the department to collect blood samples from animals as

159 33 provided in this section shall have the right to enter and

159 34 remain on the premises of the slaughtering establishment in

159 35 the same manner and on the same terms as a meat inspector
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160 1 authorized by the department, including the right to access

160 2 facilities routinely available to employees of the

160 3 slaughtering establishment such as toilet and lavatory

160 4 facilities, lockers, cafeterias, areas reserved for work

160 5 breaks or dining, and storage facilities.

160 6 5. The slaughtering establishment shall provide a secure

160 7 area for the permanent storage of equipment used to collect

160 8 blood, an area reserved for collecting the blood, including

160 9 the storage of blood during the collection, and a refrigerated

160 10 area used to store blood samples prior to analysis. The area

160 11 reserved for collecting the blood shall be adjacent to the

160 12 area where the animals are killed, unless the authorized

160 13 person and the slaughtering establishment select another area.

160 14 6. The department is not required to compensate a

160 15 slaughtering establishment for allowing a person authorized by

160 16 the department to carry out this section.

160 17 Sec. 204. Section 172B.3, subsection 1, Code 2009, is

160 18 amended to read as follows:

160 19 1. DUTIES OF SECRETARY. The secretary, pursuant to

160 20 chapter 17A, shall prescribe a standard form of the

160 21 transportation certificate required by this chapter. Where

160 22 the laws of this state or of the United States require the

160 23 possession of another shipping document by a person

160 24 transporting livestock, or where the industry practice of

160 25 carriers requires the possession of a shipping document by a

160 26 person transporting livestock, and where such a document

160 27 contains all of the information other than signatures which is

160 28 prescribed in subsection 2, upon application of a carrier the

160 29 secretary by rule shall authorize the use of a specific

160 30 document in lieu of the standard form prescribed by the

160 31 secretary, but subject to any conditions the secretary may

160 32 impose.

160 33 a. A person who is in possession of a shipping document

160 34 approved by the secretary shall not be required to possess the

160 35 standard form transportation certificate prescribed by the
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161 1 secretary, but the person may be required by a law enforcement

161 2 officer to execute the standard form transportation

161 3 certificate.

161 4 b. The form prescribed or authorized by the secretary

161 5 shall be executed in triplicate, and shall be retained as

161 6 provided in section 172B.4.




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