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



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180 21 2009, is amended to read as follows:

180 22 c. Employer, employment agency, labor organization, or the

180 23 employees, agents, or members thereof to directly or

180 24 indirectly advertise or in any other manner indicate or

180 25 publicize that individuals of any particular age, race, creed,

180 26 color, sex, sexual orientation, gender identity, national

180 27 origin, religion, or disability are unwelcome, objectionable,

180 28 not acceptable, or not solicited for employment or membership

180 29 unless based on the nature of the occupation.

180 30 (1) If a person with a disability is qualified to perform

180 31 a particular occupation by reason of training or experience,

180 32 the nature of that occupation shall not be the basis for

180 33 exception to the unfair or discriminating practices prohibited

180 34 by this subsection.

180 35 (2) An employer, employment agency, or their employees,
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181 1 servants, or agents may offer employment or advertise for

181 2 employment to only persons with disabilities, when other

181 3 applicants have available to them other employment compatible

181 4 with their ability which would not be available to persons

181 5 with disabilities because of their disabilities. Any such

181 6 employment or offer of employment shall not discriminate among

181 7 persons with disabilities on the basis of race, color, creed,

181 8 sex, sexual orientation, gender identity, or national origin.

181 9 Sec. 221. Section 216.16, subsections 2 and 6, Code 2009,

181 10 are amended to read as follows:

181 11 2. a. Upon a request by the complainant, and after the

181 12 expiration of sixty days from the timely filing of a complaint

181 13 with the commission, the commission shall issue to the

181 14 complainant a release stating that the complainant has a right

181 15 to commence an action in the district court. A release under

181 16 this subsection shall not be issued if a finding of no

181 17 probable cause has been made on the complaint by the

181 18 administrative law judge charged with that duty under section

181 19 216.15, subsection 3, a conciliation agreement has been

181 20 executed under section 216.15, the commission has served

181 21 notice of hearing upon the respondent pursuant to section

181 22 216.15, subsection 5, or the complaint is closed as an

181 23 administrative closure and two years have elapsed since the

181 24 issuance date of the closure.

181 25 b. Notwithstanding section 216.15, subsection 4, a party

181 26 may obtain a copy of all documents contained in a case file

181 27 where the commission has issued a release to the complainant

181 28 pursuant to this subsection.

181 29 6. It is the legislative intent of this chapter that every

181 30 complaint be at least preliminarily screened during the first

181 31 one hundred twenty days.

181 32 7. This section does not authorize administrative closures

181 33 if an investigation is warranted.

181 34 Sec. 222. Section 216B.3, subsection 16, paragraph b, Code

181 35 2009, is amended to read as follows:
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182 1 b. Of all new passenger vehicles and light pickup trucks

182 2 purchased by the commission, a minimum of ten percent of all

182 3 such vehicles and trucks purchased shall be equipped with

182 4 engines which utilize alternative methods of propulsion,

182 5 including but not limited to any of the following:

182 6 (1) A flexible fuel which is any of the following:

182 7 (a) E=85 gasoline as provided in section 214A.2.

182 8 (b) B=20 biodiesel blended fuel as provided in section

182 9 214A.2.

182 10 (c) A renewable fuel approved by the office of renewable

182 11 fuels and coproducts pursuant to section 159A.3.

182 12 (2) Compressed or liquefied natural gas.

182 13 (3) Propane gas.

182 14 (4) Solar energy.

182 15 (5) Electricity.

182 16 c. The provisions of this paragraph "b" do not apply to

182 17 vehicles and trucks purchased and directly used for law

182 18 enforcement or off=road maintenance work.

182 19 Sec. 223. Section 222.60, Code 2009, is amended to read as

182 20 follows:

182 21 222.60 COSTS PAID BY COUNTY OR STATE == DIAGNOSIS AND

182 22 EVALUATION.

182 23 1. All necessary and legal expenses for the cost of

182 24 admission or commitment or for the treatment, training,

182 25 instruction, care, habilitation, support and transportation of

182 26 persons with mental retardation, as provided for in the county

182 27 management plan provisions implemented pursuant to section

182 28 331.439, subsection 1, in a state resource center, or in a

182 29 special unit, or any public or private facility within or

182 30 without the state, approved by the director of the department

182 31 of human services, shall be paid by either:

182 32 1. a. The county in which such person has legal

182 33 settlement as defined in section 252.16.

182 34 2. b. The state when such person has no legal settlement

182 35 or when such settlement is unknown.
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183 1 2. a. Prior to a county of legal settlement approving the

183 2 payment of expenses for a person under this section, the

183 3 county may require that the person be diagnosed to determine

183 4 if the person has mental retardation or that the person be

183 5 evaluated to determine the appropriate level of services

183 6 required to meet the person's needs relating to mental

183 7 retardation. The diagnosis and the evaluation may be

183 8 performed concurrently and shall be performed by an individual

183 9 or individuals approved by the county who are qualified to

183 10 perform the diagnosis or the evaluation. Following the

183 11 initial approval for payment of expenses, the county of legal

183 12 settlement may require that an evaluation be performed at

183 13 reasonable time periods.

183 14 b. The cost of a county=required diagnosis and an

183 15 evaluation is at the county's expense. In the case of a

183 16 person without legal settlement or whose legal settlement is

183 17 unknown, the state may apply the diagnosis and evaluation

183 18 provisions of this paragraph subsection at the state's

183 19 expense.

183 20 c. A diagnosis or an evaluation under this section may be

183 21 part of a county's central point of coordination process under

183 22 section 331.440, provided that a diagnosis is performed only

183 23 by an individual qualified as provided in this section.

183 24 3. a. A diagnosis of mental retardation under this

183 25 section shall be made only when the onset of the person's

183 26 condition was prior to the age of eighteen years and shall be

183 27 based on an assessment of the person's intellectual

183 28 functioning and level of adaptive skills. The diagnosis shall

183 29 be made by an individual who is a psychologist or psychiatrist

183 30 who is professionally trained to administer the tests required

183 31 to assess intellectual functioning and to evaluate a person's

183 32 adaptive skills.

183 33 b. A diagnosis of mental retardation shall be made in

183 34 accordance with the criteria provided in the diagnostic and

183 35 statistical manual of mental disorders, fourth edition,

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184 1 published by the American psychiatric association.

184 2 Sec. 224. Section 229.10, subsection 1, Code 2009, is

184 3 amended to read as follows:

184 4 1. a. An examination of the respondent shall be conducted

184 5 by one or more licensed physicians, as required by the court's

184 6 order, within a reasonable time. If the respondent is

184 7 detained pursuant to section 229.11, subsection 2 1, paragraph

184 8 "b", the examination shall be conducted within twenty=four

184 9 hours. If the respondent is detained pursuant to section

184 10 229.11, subsection 1, paragraph "a" or 3 "c", the examination

184 11 shall be conducted within forty=eight hours. If the

184 12 respondent so desires, the respondent shall be entitled to a

184 13 separate examination by a licensed physician of the

184 14 respondent's own choice. The reasonable cost of the

184 15 examinations shall, if the respondent lacks sufficient funds

184 16 to pay the cost, be paid from county funds upon order of the

184 17 court.

184 18 b. Any licensed physician conducting an examination

184 19 pursuant to this section may consult with or request the

184 20 participation in the examination of any qualified mental

184 21 health professional, and may include with or attach to the

184 22 written report of the examination any findings or observations

184 23 by any qualified mental health professional who has been so

184 24 consulted or has so participated in the examination.

184 25 c. If the respondent is not taken into custody under

184 26 section 229.11, but the court is subsequently informed that

184 27 the respondent has declined to be examined by the licensed

184 28 physician or physicians pursuant to the court order, the court

184 29 may order such limited detention of the respondent as is

184 30 necessary to facilitate the examination of the respondent by

184 31 the licensed physician or physicians.

184 32 Sec. 225. Section 229.11, Code 2009, is amended to read as

184 33 follows:

184 34 229.11 JUDGE MAY ORDER IMMEDIATE CUSTODY.

184 35 1. If the applicant requests that the respondent be taken


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185 1 into immediate custody and the judge, upon reviewing the

185 2 application and accompanying documentation, finds probable

185 3 cause to believe that the respondent has a serious mental

185 4 impairment and is likely to injure the respondent or other

185 5 persons if allowed to remain at liberty, the judge may enter a

185 6 written order directing that the respondent be taken into

185 7 immediate custody by the sheriff or the sheriff's deputy and

185 8 be detained until the hospitalization hearing. The

185 9 hospitalization hearing shall be held no more than five days

185 10 after the date of the order, except that if the fifth day

185 11 after the date of the order is a Saturday, Sunday, or a

185 12 holiday, the hearing may be held on the next succeeding

185 13 business day. If the expenses of a respondent are payable in

185 14 whole or in part by a county, for a placement in accordance

185 15 with subsection 1 paragraph "a", the judge shall give notice

185 16 of the placement to the central point of coordination process,

185 17 and for a placement in accordance with subsection 2 paragraph


185 18 "b" or 3 "c", the judge shall order the placement in a

185 19 hospital or facility designated through the central point of

185 20 coordination process. The judge may order the respondent

185 21 detained for the period of time until the hearing is held, and

185 22 no longer, in accordance with subsection 1 paragraph "a", if

185 23 possible, and if not then in accordance with subsection 2

185 24 paragraph "b", or, only if neither of these alternatives is

185 25 available, in accordance with subsection 3 paragraph "c".

185 26 Detention may be:

185 27 1. a. In the custody of a relative, friend or other

185 28 suitable person who is willing to accept responsibility for

185 29 supervision of the respondent, and the respondent may be

185 30 placed under such reasonable restrictions as the judge may

185 31 order including, but not limited to, restrictions on or a

185 32 prohibition of any expenditure, encumbrance or disposition of

185 33 the respondent's funds or property; or

185 34 2. b. In a suitable hospital the chief medical officer of

185 35 which shall be informed of the reasons why immediate custody


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186 1 has been ordered and may provide treatment which is necessary

186 2 to preserve the respondent's life, or to appropriately control

186 3 behavior by the respondent which is likely to result in

186 4 physical injury to the respondent or to others if allowed to

186 5 continue, but may not otherwise provide treatment to the

186 6 respondent without the respondent's consent; or

186 7 3. c. In the nearest facility in the community which is

186 8 licensed to care for persons with mental illness or substance

186 9 abuse, provided that detention in a jail or other facility

186 10 intended for confinement of those accused or convicted of

186 11 crime shall not be ordered.

186 12 2. The clerk shall furnish copies of any orders to the

186 13 respondent and to the applicant if the applicant files a

186 14 written waiver signed by the respondent.

186 15 Sec. 226. Section 229.12, subsection 3, Code 2009, is

186 16 amended to read as follows:

186 17 3. a. The respondent's welfare shall be paramount and the

186 18 hearing shall be conducted in as informal a manner as may be

186 19 consistent with orderly procedure, but consistent therewith

186 20 the issue shall be tried as a civil matter. Such discovery as

186 21 is permitted under the Iowa rules of civil procedure shall be

186 22 available to the respondent. The court shall receive all

186 23 relevant and material evidence which may be offered and need

186 24 not be bound by the rules of evidence. There shall be a

186 25 presumption in favor of the respondent, and the burden of

186 26 evidence in support of the contentions made in the application

186 27 shall be upon the applicant.

186 28 b. The licensed physician or qualified mental health

186 29 professional who examined the respondent shall be present at

186 30 the hearing unless the court for good cause finds that the

186 31 licensed physician's or qualified mental health professional's

186 32 presence or testimony is not necessary. The applicant,

186 33 respondent, and the respondent's attorney may waive the

186 34 presence or the telephonic appearance of the licensed

186 35 physician or qualified mental health professional who examined
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187 1 the respondent and agree to submit as evidence the written

187 2 report of the licensed physician or qualified mental health

187 3 professional. The respondent's attorney shall inform the

187 4 court if the respondent's attorney reasonably believes that

187 5 the respondent, due to diminished capacity, cannot make an

187 6 adequately considered waiver decision. "Good cause" for

187 7 finding that the testimony of the licensed physician or

187 8 qualified mental health professional who examined the

187 9 respondent is not necessary may include, but is not limited

187 10 to, such a waiver. If the court determines that the testimony

187 11 of the licensed physician or qualified mental health

187 12 professional is necessary, the court may allow the licensed

187 13 physician or the qualified mental health professional to

187 14 testify by telephone.

187 15 c. If upon completion of the hearing the court finds that

187 16 the contention that the respondent is seriously mentally

187 17 impaired has not been sustained by clear and convincing

187 18 evidence, it shall deny the application and terminate the

187 19 proceeding.

187 20 Sec. 227. Section 229.22, subsection 2, Code 2009, is

187 21 amended to read as follows:

187 22 2. a. In the circumstances described in subsection 1, any

187 23 peace officer who has reasonable grounds to believe that a

187 24 person is mentally ill, and because of that illness is likely

187 25 to physically injure the person's self or others if not

187 26 immediately detained, may without a warrant take or cause that

187 27 person to be taken to the nearest available facility as

187 28 defined in section 229.11, subsections 2 subsection 1,


187 29 paragraphs "b" and 3 "c". A person believed mentally ill, and

187 30 likely to injure the person's self or others if not

187 31 immediately detained, may be delivered to a hospital by

187 32 someone other than a peace officer. Upon delivery of the

187 33 person believed mentally ill to the hospital, the examining

187 34 physician may order treatment of that person, including

187 35 chemotherapy, but only to the extent necessary to preserve the
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188 1 person's life or to appropriately control behavior by the

188 2 person which is likely to result in physical injury to that

188 3 person or others if allowed to continue. The peace officer

188 4 who took the person into custody, or other party who brought

188 5 the person to the hospital, shall describe the circumstances

188 6 of the matter to the examining physician. If the person is a

188 7 peace officer, the peace officer may do so either in person or

188 8 by written report. If the examining physician finds that

188 9 there is reason to believe that the person is seriously

188 10 mentally impaired, and because of that impairment is likely to

188 11 physically injure the person's self or others if not

188 12 immediately detained, the examining physician shall at once

188 13 communicate with the nearest available magistrate as defined

188 14 in section 801.4, subsection 10. The magistrate shall, based

188 15 upon the circumstances described by the examining physician,

188 16 give the examining physician oral instructions either

188 17 directing that the person be released forthwith or authorizing

188 18 the person's detention in an appropriate facility. The

188 19 magistrate may also give oral instructions and order that the

188 20 detained person be transported to an appropriate facility.

188 21 b. If the magistrate orders that the person be detained,

188 22 the magistrate shall, by the close of business on the next

188 23 working day, file a written order with the clerk in the county

188 24 where it is anticipated that an application may be filed under

188 25 section 229.6. The order may be filed by facsimile if

188 26 necessary. The order shall state the circumstances under

188 27 which the person was taken into custody or otherwise brought

188 28 to a facility, and the grounds supporting the finding of

188 29 probable cause to believe that the person is seriously

188 30 mentally impaired and likely to injure the person's self or

188 31 others if not immediately detained. The order shall confirm

188 32 the oral order authorizing the person's detention including

188 33 any order given to transport the person to an appropriate

188 34 facility. The clerk shall provide a copy of that order to the

188 35 chief medical officer of the facility to which the person was
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189 1 originally taken, to any subsequent facility to which the

189 2 person was transported, and to any law enforcement department

189 3 or ambulance service that transported the person pursuant to

189 4 the magistrate's order.

189 5 Sec. 228. Section 229A.7, subsection 5, Code 2009, is

189 6 amended to read as follows:

189 7 5. a. At trial, the court or jury shall determine

189 8 whether, beyond a reasonable doubt, the respondent is a

189 9 sexually violent predator. If the case is before a jury, the

189 10 verdict shall be unanimous that the respondent is a sexually

189 11 violent predator.

189 12 b. If the court or jury determines that the respondent is

189 13 a sexually violent predator, the respondent shall be committed

189 14 to the custody of the director of the department of human

189 15 services for control, care, and treatment until such time as

189 16 the person's mental abnormality has so changed that the person

189 17 is safe to be placed in a transitional release program or

189 18 discharged. The determination may be appealed.

189 19 Sec. 229. Section 229A.8, subsection 5, paragraph e, Code

189 20 2009, is amended to read as follows:

189 21 e. (1) The burden is on the committed person to show by a

189 22 preponderance of the evidence that there is competent evidence

189 23 which would lead a reasonable person to believe a final

189 24 hearing should be held to determine either of the following:

189 25 (1) (a) The mental abnormality of the committed person

189 26 has so changed that the person is not likely to engage in

189 27 predatory acts constituting sexually violent offenses if

189 28 discharged.

189 29 (2) (b) The committed person is suitable for placement in

189 30 a transitional release program pursuant to section 229A.8A.

189 31 (2) If the committed person shows by a preponderance of

189 32 the evidence that a final hearing should be held on either

189 33 determination under subparagraph (1), subparagraph division

189 34 (a) or (2) (b), or both, the court shall set a final hearing

189 35 within sixty days of the determination that a final hearing be


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190 1 held.

190 2 Sec. 230. Section 231.32, subsection 2, Code 2009, is

190 3 amended to read as follows:

190 4 2. a. The commission shall designate an area agency to

190 5 serve each planning and service area, after consideration of

190 6 the views offered by units of general purpose local

190 7 government. An area agency may be:

190 8 a. (1) An established office of aging which is operating

190 9 within a planning and service area designated by the

190 10 commission.

190 11 b. (2) Any office or agency of a unit of general purpose




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