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

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10 21 same manner and form as trial jurors are sworn in trials of

10 22 civil actions. When a judge member fails to appear on the day

10 23 of trial, that judge's member's place may be filled by another

10 24 the appointment of another member under the same rule.

10 25 Sec. 18. Section 68B.22, subsection 4, paragraph e, Code

10 26 2009, is amended to read as follows:

10 27 e. Anything available or distributed free of charge to

10 28 members of the general public without regard to the official

10 29 status of the recipient. This paragraph shall not apply to

10 30 receptions functions described under paragraph "s".

10 31 Sec. 19. Section 73.16, subsection 2, paragraph b, Code

10 32 2009, is amended to read as follows:

10 33 b. The director of an agency or department of state

10 34 government that has established a procurement goal as required

10 35 under this subsection shall provide a report within fifteen

Senate File 449 - Introduced continued
11 1 business days following the end of each calendar quarter to

11 2 the targeted small business marketing and compliance manager

11 3 of the department of economic development, providing the total

11 4 dollar amount of certified purchases from certified targeted

11 5 small businesses during the previous calendar quarter. The

11 6 required report shall be made in a form approved by the

11 7 targeted small business marketing and compliance manager. The

11 8 first quarterly report shall be for the calendar quarter

11 9 ending September 30, 2007.

11 10 Sec. 20. Section 75.1, subsection 1, paragraph b, Code

11 11 2009, is amended to read as follows:

11 12 b. All ballots Ballots cast and but not counted as a vote

11 13 for or against the proposition shall not be used in computing

11 14 the total vote cast for and against said proposition.

11 15 Sec. 21. Section 85.59, Code 2009, is amended to read as

11 16 follows:

11 17 85.59 BENEFITS FOR INMATES AND OFFENDERS.

11 18 1. For the purposes of this section, the term "inmate":

11 19 a. "Inmate" includes a:

11 20 (1) A person confined in a reformatory, state

11 21 penitentiary, release center, or other state penal or

11 22 correctional institution while that person works in connection

11 23 with the maintenance of the institution, in an industry

11 24 maintained in the institution, or in an industry referred to

11 25 in section 904.809, or while on detail to perform services on

11 26 a public works project.

11 27 (2) For purposes of this section, "inmate" includes a A

11 28 person who is performing unpaid community service under the

11 29 direction of the district court, board of parole, or judicial

11 30 district department of correctional services, or an inmate

11 31 providing services pursuant to a chapter 28E agreement entered

11 32 into pursuant to section 904.703, or who is performing a work

11 33 assignment of value to the state or to the public under

11 34 chapter 232. For purposes of this section, "unpaid

11 35 b. "Unpaid community service under the direction of the
Senate File 449 - Introduced continued
12 1 district court" includes but is not limited to community

12 2 service ordered and performed pursuant to section 598.23A.

12 3 2. For purposes of this section, an inmate on a work

12 4 assignment under section 904.703 working in construction or

12 5 maintenance at a public or charitable facility, or under

12 6 assignment to another agency of state, county, or local

12 7 government, shall be considered an employee of the state.

12 8 3. a. If an inmate is permanently incapacitated by injury

12 9 in the performance of the inmate's work in connection with the

12 10 maintenance of the institution, in an industry maintained in

12 11 the institution, or in an industry referred to in section

12 12 904.809, while on detail to perform services on a public works

12 13 project, or while performing services authorized pursuant to

12 14 section 904.809, or is permanently or temporarily

12 15 incapacitated in connection with the performance of unpaid

12 16 community service under the direction of the district court,

12 17 board of parole, or judicial district department of

12 18 correctional services, or in connection with the provision of

12 19 services pursuant to a chapter 28E agreement entered into

12 20 pursuant to section 904.703, or who is performing a work

12 21 assignment of value to the state or to the public under

12 22 chapter 232, that inmate shall be awarded only the benefits

12 23 provided in section 85.27 and section 85.34, subsections 2 and

12 24 3. The weekly rate for such permanent disability is equal to

12 25 the minimum rate as provided in this chapter.

12 26 b. Weekly compensation benefits under this section may be

12 27 determined prior to the inmate's release from the institution,

12 28 but payment of benefits to an inmate shall commence as of the

12 29 time of the inmate's release from the institution either upon

12 30 parole or final discharge. However, if the inmate is awarded

12 31 benefits for an injury incurred in connection with the

12 32 performance of unpaid community service under the direction of

12 33 the district court, board of parole, or judicial district

12 34 department of correctional services, or in connection with the

12 35 provision of services pursuant to a chapter 28E agreement
Senate File 449 - Introduced continued
13 1 entered into pursuant to section 904.703, or who is performing

13 2 a work assignment of value to the state or to the public under

13 3 chapter 232, weekly compensation benefits under this section

13 4 shall be determined and paid as in other workers' compensation

13 5 cases.

13 6 c. If an inmate is receiving benefits under the provisions

13 7 of this section and is recommitted to an institution covered

13 8 by this section, the benefits shall immediately cease. If

13 9 benefits cease because of the inmate's recommitment, the

13 10 benefits shall resume upon subsequent release from the

13 11 institution.

13 12 d. If death results from the injury, death benefits shall

13 13 be awarded and paid to the dependents of the inmate as in

13 14 other workers' compensation cases except that the weekly rate

13 15 shall be equal to sixty=six and two=thirds percent of the

13 16 state average weekly wage paid employees as determined by the

13 17 department of workforce development under section 96.19,

13 18 subsection 36, and in effect at the time of the injury.

13 19 4. Payment under this section shall be made promptly out

13 20 of appropriations which have been made for that purpose, if

13 21 any. An amount or part thereof which cannot be paid promptly

13 22 from the appropriation shall be paid promptly out of money in

13 23 the state treasury not otherwise appropriated.

13 24 5. The time limit for commencing an original proceeding to

13 25 determine entitlement to benefits under this section is the

13 26 same as set forth in section 85.26. If an injury occurs to an

13 27 inmate so as to qualify the inmate for benefits under this

13 28 section, notwithstanding the fact that payments of weekly

13 29 benefits are not commenced, an acknowledgment of

13 30 compensability shall be filed with the workers' compensation

13 31 commissioner within thirty days of the time the responsible

13 32 authority receives notice or knowledge of the injury as

13 33 required by section 85.23.

13 34 6. If a dispute arises as to the extent of disability when

13 35 an acknowledgment of compensability is on file or when an
Senate File 449 - Introduced continued
14 1 award determining liability has been made, an action to

14 2 determine the extent of disability must be commenced within

14 3 one year of the time of the release of the inmate from the

14 4 institution. This does not bar the right to reopen the claim

14 5 as provided by section 85.26, subsection 2.

14 6 7. Responsibility for the filings required by chapter 86

14 7 for injuries resulting in permanent disability or death and as

14 8 modified by this section shall be made in the same manner as

14 9 for other employees of the institution.

14 10 Sec. 22. Section 85.66, Code 2009, is amended to read as

14 11 follows:

14 12 85.66 SECOND INJURY FUND == CREATION == CUSTODIAN.

14 13 1. The "Second Injury Fund" second injury fund is hereby

14 14 established under the custody of the treasurer of state and

14 15 shall consist of payments to the fund as provided by this

14 16 division and any accumulated interest and earnings on moneys

14 17 in the second injury fund.

14 18 2. The treasurer of state is charged with the conservation

14 19 of the assets of the second injury fund. Moneys collected in

14 20 the second injury fund shall be disbursed only for the

14 21 purposes stated in this division, and shall not at any time be

14 22 appropriated or diverted to any other use or purpose. The


14 23 treasurer of state shall invest any surplus moneys of the fund

14 24 in securities which constitute legal investments for state

14 25 funds under the laws of this state, and may sell any of the

14 26 securities in which the fund is invested, if necessary, for

14 27 the proper administration or in the best interests of the

14 28 fund. Disbursements Except for reimbursements to the attorney

14 29 general provided for in section 85.67, disbursements from the

14 30 fund shall be paid by the treasurer of state only upon the

14 31 written order of the workers' compensation commissioner. The

14 32 attorney general shall be reimbursed up to one hundred fifty

14 33 thousand dollars annually from the fund for services provided

14 34 related to the fund. The treasurer of state shall invest any

14 35 surplus moneys of the fund in securities which constitute
Senate File 449 - Introduced continued
15 1 legal investments for state funds under the laws of this

15 2 state, and may sell any of the securities in which the fund is

15 3 invested, if necessary, for the proper administration or in

15 4 the best interests of the fund.

15 5 3. The treasurer of state shall quarterly prepare a

15 6 statement of the fund, setting forth the balance of moneys in

15 7 the fund, the income of the fund, specifying the source of all

15 8 income, the payments out of the fund, specifying the various

15 9 items of payments, and setting forth the balance of the fund

15 10 remaining to its credit. The statement shall be open to

15 11 public inspection in the office of the treasurer of state.

15 12 Sec. 23. Section 89.11, Code 2009, is amended to read as

15 13 follows:

15 14 89.11 INJUNCTION.

15 15 1. In addition to all other remedies, if any owner, user,

15 16 or person in charge of any equipment covered by this chapter

15 17 continues to use any equipment covered by this chapter, after

15 18 receiving an inspection report identifying defects and

15 19 exhausting appeal rights as provided by this chapter without

15 20 first correcting the defects or making replacements, the

15 21 commissioner may apply to the district court by petition in

15 22 equity, in an action brought in the name of the state, for a

15 23 writ of injunction to restrain the use of the alleged

15 24 defective equipment.

15 25 2. However, if If the commissioner believes that the

15 26 continued operation of equipment constitutes an imminent

15 27 danger that could seriously injure or cause death to any

15 28 person, in addition to all other remedies, the commissioner

15 29 may apply to the district court in the county in which the

15 30 imminently dangerous condition exists for a temporary order to

15 31 enjoin the owner, user, or person in charge from operating the


15 32 equipment before exhausting the owner's, user's, or person's

15 33 rights to administrative appeals have been exhausted.

15 34 Sec. 24. Section 96.19, subsection 17, Code 2009, is

15 35 amended to read as follows:
Senate File 449 - Introduced continued

16 1 17. "Employing unit" means any individual or type of

16 2 organization, including this state and its political

16 3 subdivisions, state agencies, boards, commissions, and

16 4 instrumentalities thereof, any partnership, association,

16 5 trust, estate, joint stock company, insurance company or

16 6 corporation, whether domestic or foreign, or the receiver,

16 7 trustee in bankruptcy, trustee or successor thereof, or the

16 8 legal representative of a deceased person, which has or

16 9 subsequent to January 1, 1936, had in its employ one or more

16 10 individuals performing services for it within this state. All

16 11 individuals performing services within this state for any

16 12 employing unit which maintains two or more separate

16 13 establishments within this state shall be deemed to be

16 14 employed by a single employing unit for all the purposes of

16 15 this chapter. Whenever any employing unit contracts with or

16 16 has under it any contractor or subcontractor for any work

16 17 which is part of its usual trade, occupation, profession, or

16 18 business, unless the employing unit as well as each such

16 19 contractor or subcontractor is an employer by reason of

16 20 subsection 16 or section 96.8, subsection 3, the employing

16 21 unit shall for all the purposes of this chapter be deemed to

16 22 employ each individual in the employ of each such contractor

16 23 or subcontractor for each day during which such individual is

16 24 engaged in performing such work; except that each such

16 25 contractor or subcontractor who is an employer by reason of

16 26 subsection 16 or section 96.8, subsection 3, shall alone be

16 27 liable for the contributions measured by wages payable to

16 28 individuals in the contractor's or subcontractor's employ, and

16 29 except that any employing unit who shall become liable for and

16 30 pay contributions with respect to individuals in the employ of

16 31 any such contractor or subcontractor who is not an employer by

16 32 reason of subsection 16 or section 96.8, subsection 3, may

16 33 recover the same from such contractor or subcontractor, except

16 34 as any contractor or subcontractor who would in the absence of

16 35 the foregoing provisions subsection 16 or section 96.8,
Senate File 449 - Introduced continued
17 1 subsection 3, be liable to pay said contributions, accepts

17 2 exclusive liability for said contributions under an agreement

17 3 with such employer made pursuant to general rules of the

17 4 department. Each individual employed to perform or to assist

17 5 in performing the work of any agent or employee of an

17 6 employing unit shall be deemed to be employed by such

17 7 employing unit for all the purposes of this chapter, whether

17 8 such individual was hired or paid directly by such employing

17 9 unit or by such agent or employee, provided the employing unit

17 10 had actual or constructive knowledge of such work, and

17 11 provided, further, that such employment was for a total of not

17 12 less than eight hours in any one calendar week.

17 13 Sec. 25. Section 100B.1, subsection 1, paragraph a,

17 14 subparagraph (3), Code 2009, is amended to read as follows:

17 15 (3) The tenth and eleventh voting members of the council

17 16 shall be members of the general public appointed by the

17 17 governor.

17 18 Sec. 26. Section 100C.3, subsection 2, Code 2009, is

17 19 amended to read as follows:

17 20 2. An applicant for certification as an alarm system

17 21 contractor or an alarm system installer shall be subject to a

17 22 national criminal history check through the federal bureau of

17 23 investigation. The applicant shall provide fingerprints to

17 24 the department of public safety for submission through the

17 25 state criminal history repository to the federal bureau of

17 26 investigation. Fees for the national criminal history check

17 27 shall be paid by the applicant or the applicant's employer.

17 28 The results of a criminal history check conducted pursuant to

17 29 this subsection shall not be considered a public confidential

17 30 record under chapter 22.

17 31 Sec. 27. Section 103.15, subsection 2, paragraph a, Code

17 32 2009, is amended to read as follows:

17 33 a. A person shall be licensed as an unclassified person by

17 34 the board to perform electrical work if the work is performed

17 35 under the personal supervision of a person actually licensed

Senate File 449 - Introduced continued
18 1 to perform such work and the licensed and unclassified persons

18 2 are employed by the same employer. A person shall not be

18 3 employed continuously for more than one hundred days as an

18 4 unclassified person without having obtained a current license

18 5 from the board. For the purposes of determining whether a

18 6 person has been "employed continuously" for more than one

18 7 hundred days under this subsection, "one hundred continuous

18 8 days of employment" includes employment shall include any days

18 9 not worked due to illness, holidays, weekend days, and other

18 10 absences that do not constitute separation from or termination

18 11 of employment. Any period of employment as a nonlicensed

18 12 unclassified person shall not be credited to any applicable

18 13 experiential requirement of an apprenticeship training program

18 14 registered by the bureau of apprenticeship and training of the

18 15 United States department of labor.

18 16 Sec. 28. Section 103.30, Code 2009, is amended to read as

18 17 follows:

18 18 103.30 INSPECTIONS NOT REQUIRED.

18 19 Nothing in this chapter shall be construed to require the

18 20 work of employees of municipal utilities, railroads, electric

18 21 membership or cooperative associations, investor=owned

18 22 utilities, rural water associations or districts, or

18 23 telecommunications systems to be inspected while the employees


18 24 are acting within the scope of their employment.

18 25 Sec. 29. Section 125.86, subsection 3, paragraph a, Code

18 26 2009, is amended to read as follows:

18 27 a. A psychiatric advanced registered nurse practitioner

18 28 treating a patient respondent previously hospitalized

18 29 committed under this chapter may complete periodic reports

18 30 pursuant to this section on the patient respondent if the

18 31 patient respondent has been recommended for treatment on an

18 32 outpatient or other appropriate basis pursuant to section

18 33 125.84, subsection 3, and if a psychiatrist licensed pursuant

18 34 to chapter 148, 150, or 150A personally evaluates the patient

18 35 respondent on at least an annual basis.


Senate File 449 - Introduced continued

19 1 Sec. 30. Section 135.1, subsection 4, Code 2009, is

19 2 amended to read as follows:

19 3 4. "Physician" means a person licensed to practice

19 4 medicine and surgery, osteopathic medicine and surgery,

19 5 chiropractic, podiatry, or optometry under the laws of this

19 6 state; but a person licensed as a physician and surgeon shall

19 7 be designated as a "physician" or "surgeon", a person licensed

19 8 as an osteopathic physician and surgeon shall be designated as

19 9 an "osteopathic physician" or "osteopathic surgeon", a person


19 10 licensed as an osteopath shall be designated as an

19 11 "osteopathic physician", a person licensed as a chiropractor

19 12 shall be designated as a "chiropractor", a person licensed as

19 13 a podiatrist shall be designated as a "podiatric physician",

19 14 and a person licensed as an optometrist shall be designated as

19 15 an "optometrist". A definition or designation contained in

19 16 this subsection shall not be interpreted to expand the scope

19 17 of practice of such licensees.

19 18 Sec. 31. Section 135.17, subsection 1, paragraph a, Code

19 19 2009, is amended to read as follows:

19 20 a. Except as provided in paragraphs "c" and "d", the

19 21 parent or guardian of a child enrolled in elementary school

19 22 shall provide evidence to the school district or accredited

19 23 nonpublic elementary school in which the child is enrolled of

19 24 the child having, no earlier than three years of age but prior

19 25 to reaching six years of age, at a minimum, a dental screening

19 26 performed by a licensed physician as defined in chapter 148 or


19 27 150, a nurse licensed under chapter 152, a licensed physician

19 28 assistant as defined in section 148C.1, or a licensed dental

19 29 hygienist or dentist as defined in chapter 153. Except as

19 30 provided in paragraphs "c" and "d", the parent or guardian of

19 31 a child enrolled in high school shall provide evidence to the

19 32 school district or accredited nonpublic high school in which

19 33 the child is enrolled of the child having, at a minimum, a




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