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



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58 12 penalty.

58 13 5. If a violation results in a cessation order pursuant to

58 14 section 207.14, the attorney general, at the request of the

58 15 division, shall institute a civil action in district court for

58 16 injunctive relief.

58 17 5A. Notwithstanding section 17A.20, an appeal bond shall

58 18 be required for an appeal of a judgment assessing a civil

58 19 penalty.

58 20 Sec. 82. Section 216.8A, subsection 3, paragraph c,

58 21 subparagraph (1), Code 2009, is amended to read as follows:

58 22 (1) A refusal to permit, at the expense of the person with

58 23 a disability, reasonable modifications of existing premises

58 24 occupied or to be occupied by the person if the modifications

58 25 are necessary to afford the person full enjoyment of the

58 26 premises. However, it is not discrimination for a landlord,

58 27 In in the case of a rental, a landlord may, and where

58 28 reasonable to do so, to condition permission for a

58 29 modification on the renter's agreement to restore the interior

58 30 of the premises to the condition that existed before the

58 31 modification, reasonable wear and tear excepted.

58 32 Sec. 83. Section 216.16, Code 2009, is amended to read as

58 33 follows:

58 34 216.16 SIXTY=DAY ADMINISTRATIVE RELEASE.

58 35 1. A person claiming to be aggrieved by an unfair or

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59 1 discriminatory practice must initially seek an administrative

59 2 relief by filing a complaint with the commission in accordance

59 3 with section 216.15. This provision also applies to persons

59 4 claiming to be aggrieved by an unfair or discriminatory

59 5 practice committed by the state or an agency or political

59 6 subdivision of the state, notwithstanding the terms of the

59 7 Iowa administrative procedure Act, chapter 17A. A complainant

59 8 after

59 9 2. After the proper filing of a complaint with the

59 10 commission, a complainant may subsequently commence an action

59 11 for relief in the district court if all of the following

59 12 conditions have been satisfied:

59 13 a. The complainant has timely filed the complaint with the

59 14 commission as provided in section 216.15, subsection 12; and.

59 15 b. The complaint has been on file with the commission for

59 16 at least sixty days and the commission has issued a release to

59 17 the complainant pursuant to subsection 2 of this section 3.

59 18 2. 3. a. Upon a request by the complainant, and after

59 19 the expiration of sixty days from the timely filing of a

59 20 complaint with the commission, the commission shall issue to

59 21 the complainant a release stating that the complainant has a

59 22 right to commence an action in the district court. A release

59 23 under this subsection shall not be issued if a any of the


59 24 following apply:

59 25 (1) A finding of no probable cause has been made on the

59 26 complaint by the administrative law judge charged with that

59 27 duty under section 216.15, subsection 3, a.

59 28 (2) A conciliation agreement has been executed under

59 29 section 216.15, the.

59 30 (3) The commission has served notice of hearing upon the

59 31 respondent pursuant to section 216.15, subsection 5, or the.

59 32 (4) The complaint is closed as an administrative closure

59 33 and two years have elapsed since the issuance date of the

59 34 closure.

59 35 b. Notwithstanding section 216.15, subsection 4, a party


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60 1 may obtain a copy of all documents contained in a case file

60 2 where the commission has issued a release to the complainant

60 3 pursuant to this subsection.

60 4 3. 4. An action authorized under this section is barred

60 5 unless commenced within ninety days after issuance by the

60 6 commission of a release under subsection 2 of this section 3.

60 7 If a complainant obtains a release from the commission under

60 8 subsection 2 of this section 3, the commission is barred from

60 9 further action on that complaint.

60 10 4. 5. Venue for an action under this section shall be in

60 11 the county in which the respondent resides or has its

60 12 principal place of business, or in the county in which the

60 13 alleged unfair or discriminatory practice occurred.

60 14 5. 6. The district court may grant any relief in an

60 15 action under this section which is authorized by section

60 16 216.15, subsection 8 to be issued by the commission. The

60 17 district court may also award the respondent reasonable

60 18 attorney's fees and court costs when the court finds that the

60 19 complainant's action was frivolous.

60 20 6. 7. It is the legislative intent of this chapter that

60 21 every complaint be at least preliminarily screened during the

60 22 first one hundred twenty days.

60 23 8. This section does not authorize administrative closures

60 24 if an investigation is warranted.

60 25 Sec. 84. Section 216E.7, Code 2009, is amended to read as

60 26 follows:

60 27 216E.7 EXEMPTIONS.

60 28 This chapter does not apply to a hearing aid sold, leased,

60 29 or transferred to a consumer by an audiologist licensed under

60 30 chapter 147 154F, or a hearing aid dispenser licensed under

60 31 chapter 154A, if the audiologist or dispenser provides either

60 32 an express warranty for the hearing aid or provides for

60 33 service and replacement of the hearing aid.

60 34 Sec. 85. Section 229.15, subsection 3, paragraph a, Code

60 35 2009, is amended to read as follows:

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61 1 a. A psychiatric advanced registered nurse practitioner

61 2 treating a patient previously hospitalized under this chapter

61 3 may complete periodic reports pursuant to this section on the

61 4 patient if the patient has been recommended for treatment on

61 5 an outpatient or other appropriate basis pursuant to section

61 6 229.14, subsection 1, paragraph "c", and if a psychiatrist

61 7 licensed pursuant to chapter 148, 150, or 150A personally

61 8 evaluates the patient on at least an annual basis.

61 9 Sec. 86. Section 235.1, Code 2009, is amended to read as

61 10 follows:

61 11 235.1 DEFINITIONS.

61 12 As used in this chapter, unless the context otherwise



61 13 requires:

61 14 1. The terms "state division", "administrator", and



61 15 "child" are used in this chapter and chapter 238 as the terms

61 16 are "Administrator" means the same as defined in section

61 17 234.1.

61 18 2. "Child" means the same as defined in section 234.1.

61 19 3. "Child welfare services" means social welfare services

61 20 for the protection and care of children who are homeless,

61 21 dependent or neglected, or in danger of becoming delinquent,

61 22 or who have a mental illness or mental retardation or other

61 23 developmental disability, including, when necessary, care and

61 24 maintenance in a foster care facility. Child welfare services

61 25 are designed to serve a child in the child's home whenever

61 26 possible. If not possible, and the child is placed outside

61 27 the child's home, the placement should be in the least

61 28 restrictive setting available and in close proximity to the

61 29 child's home.

61 30 4. "State division" means the same as defined in section


61 31 234.1.

61 32 Sec. 87. Section 235B.3A, subsection 3, unnumbered

61 33 paragraph 1, Code 2009, is amended to read as follows:

61 34 Providing a dependent adult with immediate and adequate

61 35 notice of the dependent adult's rights. The notice shall
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62 1 consist of handing the dependent adult a document that

62 2 includes the telephone numbers of shelters, support groups,

62 3 and crisis lines operating in the area and contains a copy of

62 4 the following written statement,; requesting the dependent

62 5 adult to read the card; and asking the dependent adult whether

62 6 the dependent adult understands the rights:

62 7 Sec. 88. Section 235B.3A, subsection 3, unnumbered

62 8 paragraph 2, Code 2009, is amended by striking the paragraph.

62 9 Sec. 89. Section 235E.2, subsection 13, paragraph a,

62 10 subparagraphs (2) and (3), Code 2009, are amended to read as

62 11 follows:

62 12 (2) The alleged dependent adult abuser requests the

62 13 presence of a an employee organization or union

62 14 representative.

62 15 (3) The employee organization or union representative

62 16 maintains the confidentiality of all information from the

62 17 interview subject to the penalties provided in section 235B.12

62 18 if such confidentiality is breached.

62 19 Sec. 90. Section 235E.3, subsection 3, paragraph a,

62 20 unnumbered paragraph 1, Code 2009, is amended to read as

62 21 follows:

62 22 Providing a dependent adult with immediate and adequate

62 23 notice of the dependent adult's rights. The notice shall

62 24 consist of handing the dependent adult a document that


62 25 includes the telephone numbers of shelters, support groups,

62 26 and crisis lines operating in the area and contains a copy of

62 27 the following written statement,; requesting the dependent

62 28 adult to read the card; and asking the dependent adult whether

62 29 the dependent adult understands the rights:

62 30 Sec. 91. Section 235E.3, subsection 3, paragraph b, Code

62 31 2009, is amended by striking the paragraph.

62 32 Sec. 92. Section 235E.4, Code 2009, is amended to read as

62 33 follows:

62 34 235E.4 CHAPTER 235B APPLICATION.

62 35 Sections 235B.4 through 235B.20, where not inconsistent


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63 1 with this chapter, shall apply to this chapter.

63 2 Sec. 93. Section 236.12, subsection 1, paragraph c,

63 3 unnumbered paragraph 1, Code 2009, is amended to read as

63 4 follows:

63 5 Providing an abused person with immediate and adequate

63 6 notice of the person's rights. The notice shall consist of

63 7 handing the person a document that includes the telephone

63 8 numbers of shelter, support groups, and crisis lines operating

63 9 in the area and contains a copy of the following statement

63 10 written in English and Spanish,; asking the person to read the

63 11 card; and asking whether the person understands the rights:

63 12 Sec. 94. Section 236.12, subsection 1, paragraph c,

63 13 unnumbered paragraph 8, Code 2009, is amended by striking the

63 14 unnumbered paragraph.

63 15 Sec. 95. Section 238.1, Code 2009, is amended to read as

63 16 follows:

63 17 238.1 DEFINITIONS.

63 18 1. For the purpose of this chapter the word


63 19 "administrator" unless the context otherwise requires:

63 20 1. "Administrator" means the administrator of the division

63 21 of child and family services of the department of human

63 22 services.

63 23 2. "Child" means the same as defined in section 234.1.

63 24 3. "Child=placing agency" means any agency, whether



63 25 public, semipublic, or private, which represents that the

63 26 agency places children permanently or temporarily in private

63 27 family homes or receives children for placement in private

63 28 family homes, or which actually engages for gain or otherwise

63 29 in the placement of children in private family homes.

63 30 2. 4. The word "person" "Person" or "agency" where used


63 31 in this chapter shall include individuals, institutions,

63 32 partnerships, voluntary associations, and corporations, other

63 33 than institutions under the management or control of any

63 34 division or any administrator of the department of human

63 35 services or any administrator thereof.
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64 1 5. "State division" means the same as defined in section


64 2 234.1.

64 3 Sec. 96. Section 249A.6, subsection 1, paragraph a,

64 4 subparagraph (2), Code 2009, is amended to read as follows:

64 5 (2) Cooperate with the department in obtaining payments

64 6 described in paragraph "a" subparagraph (1).

64 7 Sec. 97. Section 252B.5, subsection 8, Code 2009, is

64 8 amended to read as follows:

64 9 8. a. At the request of either parent who is subject to

64 10 the order of support or upon its own initiation, review the

64 11 amount of the support award in accordance with the guidelines

64 12 established pursuant to section 598.21B, and Title IV=D of the

64 13 federal Social Security Act, as amended, and take action to

64 14 initiate modification proceedings if the criteria established

64 15 pursuant to this section are met. However, a review of a

64 16 support award is not required if the child support recovery

64 17 unit determines that such a review would not be in the best

64 18 interest of the child and neither parent has requested such

64 19 review.

64 20 b. The department shall adopt rules no later than October

64 21 13, 1990, setting forth the process for review of requests for

64 22 modification of support obligations and the criteria and

64 23 process for taking action to initiate modification

64 24 proceedings.

64 25 Sec. 98. Section 256D.2A, Code 2009, is amended to read as

64 26 follows:

64 27 256D.2A PROGRAM FUNDING.

64 28 Beginning For the budget year beginning July 1, 2009, and

64 29 each succeeding budget year, a school district shall expend

64 30 funds received pursuant to section 257.10, subsection 11, at

64 31 the kindergarten through grade three levels to reduce class

64 32 sizes to the state goal of seventeen students for every one

64 33 teacher and to achieve a higher level of student success in

64 34 the basic skills, especially reading. In order to support

64 35 these efforts, school districts may expend funds received
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65 1 pursuant to section 257.10, subsection 11, at the kindergarten

65 2 through grade three level on programs, instructional support,

65 3 and materials that include but are not limited to the

65 4 following: additional licensed instructional staff;

65 5 additional support for students, such as before and after

65 6 school programs, tutoring, and intensive summer programs; the

65 7 acquisition and administration of diagnostic reading

65 8 assessments; the implementation of research=based

65 9 instructional intervention programs for students needing

65 10 additional support; the implementation of all=day, everyday

65 11 kindergarten programs; and the provision of classroom teachers

65 12 with intensive training programs to improve reading

65 13 instruction and professional development in best practices

65 14 including but not limited to training programs related to

65 15 instruction to increase students' phonemic awareness, reading

65 16 abilities, and comprehension skills.

65 17 Sec. 99. Section 256D.4A, Code 2009, is amended to read as

65 18 follows:

65 19 256D.4A PROGRAM REQUIREMENTS.

65 20 A school district shall maintain a separate listing within

65 21 its budget for payments received and expenditures made

65 22 pursuant to this section chapter. A school district shall

65 23 certify to the department of education that moneys received

65 24 under this section chapter were used to supplement, not

65 25 supplant, moneys otherwise received and used by the school

65 26 district.

65 27 Sec. 100. Section 257.11, subsection 3, paragraph b,

65 28 unnumbered paragraph 1, Code 2009, is amended to read as

65 29 follows:

65 30 If the school budget review committee certifies to the

65 31 department of management that the class would not otherwise be

65 32 implemented without the assignment of additional weighting,

65 33 pupils attending a community college=offered class or

65 34 attending a class taught by a community college=employed

65 35 instructor are assigned a weighting of the percentage of the
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66 1 pupil's school day during which the pupil attends class in the

66 2 community college or attends a class taught by a community

66 3 college=employed instructor of times seventy hundredths for

66 4 career and technical courses and or forty=six hundredths for

66 5 liberal arts and sciences courses. The following requirements

66 6 shall be met for the purposes of assigning an additional

66 7 weighting for classes offered through a sharing agreement

66 8 between a school district and community college. The class

66 9 must be:

66 10 Sec. 101. Section 260C.14, subsection 22, paragraph a,

66 11 subparagraphs (1), (3), and (5), Code 2009, are amended to

66 12 read as follows:

66 13 (1) Total revenue received from each local school district

66 14 as a result of high school students enrolled in community

66 15 college courses under the postsecondary enrollment options Act

66 16 program.

66 17 (3) Unduplicated headcount of high school students

66 18 enrolled in community college courses under the postsecondary

66 19 enrollment options Act program.

66 20 (5) Total credits earned by high school students enrolled

66 21 in community college courses under the postsecondary

66 22 enrollment options Act program, broken down by

66 23 vocational=technical or career program and arts and sciences

66 24 program.

66 25 Sec. 102. Section 262.9, subsection 4, Code 2009, is

66 26 amended to read as follows:

66 27 4. Manage and control the property, both real and

66 28 personal, belonging to the institutions.

66 29 4A. The board shall purchase Purchase or require the

66 30 purchase of, when the price is reasonably competitive and the

66 31 quality as intended, soybean=based inks. All inks purchased

66 32 that are used internally or are contracted for by the board

66 33 shall be soybean=based to the extent formulations for such

66 34 inks are available.

66 35 a. The department of natural resources shall review the
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67 1 procurement specifications currently used by the board to

67 2 eliminate, wherever possible, discrimination against the

67 3 procurement of products manufactured with soybean=based inks.

67 4 b. The department of natural resources shall assist the

67 5 board in locating suppliers of recycled content products and

67 6 soybean=based inks and collecting data on recycled content and

67 7 soybean=based ink purchases.

67 8 c. The board, in conjunction with the department of

67 9 natural resources, shall adopt rules to carry out the

67 10 provisions of this section subsection.

67 11 d. The department of natural resources shall cooperate

67 12 with the board in all phases of implementing this section

67 13 subsection.

67 14 Sec. 103. Section 279.13, subsection 1, paragraph b,

67 15 subparagraph (1), Code 2009, is amended to read as follows:

67 16 (1) Prior to entering into an initial contract with a

67 17 teacher who holds a license other than an initial license

67 18 issued by the board of educational examiners under chapter

67 19 272, the school district shall initiate a state criminal

67 20 history record check of the applicant through the division of

67 21 criminal investigation of the department of public safety,

67 22 submit the applicant's fingerprints to the division for

67 23 submission to the federal bureau of investigation for a

67 24 national criminal history record check, and review the sex

67 25 offender registry information under section 692A.13, the

67 26 central registry for child abuse information established under

67 27 section 235A.14, and the central registry for dependent adult

67 28 abuse information established under section 235B.5 for

67 29 information regarding applicants the applicant for employment

67 30 as a teacher.

67 31 Sec. 104. Section 282.18, Code 2009, is amended to read as

67 32 follows:

67 33 282.18 OPEN ENROLLMENT.

67 34 1. a. It is the goal of the general assembly to permit a

67 35 wide range of educational choices for children enrolled in
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68 1 schools in this state and to maximize ability to use those

68 2 choices. It is therefore the intent that this section be

68 3 construed broadly to maximize parental choice and access to

68 4 educational opportunities which are not available to children

68 5 because of where they live.

68 6 b. For the school year commencing July 1, 1989, and each

68 7 succeeding school year, a parent or guardian residing in a

68 8 school district may enroll the parent's or guardian's child in

68 9 a public school in another school district in the manner

68 10 provided in this section.




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