9.

Section 12.30, subsection 1, paragraph a, Code 2020, is amended to read as follows:

a.

“Authority” means a department, or public or quasi-public instrumentality of the state including but not limited to the authority created under chapter 12E, 16, 257C, or 261A, which has the power to issue obligations, except that “authority” does not include the state board of regents or the Iowa finance authority to the extent it the Iowa finance authority acts pursuant to chapter 260C.

“Authority” also includes a port authority created under chapter 28J.

Sec.

10.

Section 16.2, subsection 1, Code 2020, is amended to read as follows:

AnBy Iowastriking financepage authority102, boardline of23, directorsthrough ispage created.103, line 2.

The powers of the authority are vested in and shall be exercised by the board.

The authority includes nine voting members appointed by the governor subject to confirmation by the senate.

The authority also includes one ex officio voting member who must be designated by the agricultural development board created in section 16.2C and be a member of that board.

a.

Not more than five members shall belong to the same political party.

b.

As far as possible, when appointing members the governor shall include within the membership persons who represent community and housing development industries, housing finance industries, the real estate sales industry, elderly families, minorities, lower income families, very low income families, families which include persons with disabilities, average taxpayers, local government, business interests, and any other person specially interested in community housing, finance, or small business.

Sec.

11.

Section 16.47, subsection 1, Code 2020, is amended to read as follows:

House File 2536, p.

4 1.

A home and community-based services revolving loan program fund is created within the authority to further the goals specified in section 231.3, adult day services, case management services, options counseling, family caregiving, homemaker services, respite services, congregate and home delivered meals, health and wellness, health screening, and nutritional assessments.

The moneys in the home and community-based services revolving loan program fund shall be used by the authority for the development and operation of a revolving loan program to develop and expand facilities and infrastructure that provide adult day services, case management services, options counseling, family caregiving, homemaker services, respite services, congregate and home delivered meals, and programming space for health and wellness, health screening, and nutritional assessments that address the needs of persons with low incomes.

Sec.

12.

Section 24.4, Code 2020, is amended to read as follows:

24.4 Time of filing estimates.

All such The estimates required under section 24.3 and any other estimates required by law shall be made and filed a sufficient length of time in advance of any regular or special meeting of the certifying board or levying board, as the case may be, at which tax levies are authorized to be made to permit publication, discussion, and consideration thereof and action thereon as hereinafter provided.

Sec.

13.

Section 24.5, Code 2020, is amended to read as follows:

24.5 Estimates itemized.

The estimates herein required under this chapter shall be fully itemized and classified so as to show each particular class of proposed expenditure, showing under separate heads the amount required in such manner and form as shall be prescribed by the state board.

Sec.

14.

Section 29A.1, unnumbered paragraph 1, Code 2020, is amended to read as follows:

The following words, terms, and phrases when used in this chapter shall have the respective meanings herein set forth in this section:

House File 2536, p.

5 Sec.

15.

Section 29A.1, subsection 14, Code 2020, is amended to read as follows:

14.

Except when otherwise expressly defined herein in this section, military words, terms, and phrases shall have the meaning commonly ascribed to them in the military profession.

Sec.

16.

Section 29A.4, Code 2020, is amended to read as follows:

29A.4 Organization —— armament —— equipment and discipline.

The organization, armament, equipment and discipline of the national guard, and the militia when called into state active duty, except as hereinafter specifically provided in this chapter, shall be the same as that which is now or may be hereafter prescribed under the provisions of federal law and regulations as to those requirements which are mandatory therein under federal law and regulation, but as to those things which are optional therein under federal law and regulation they shall become effective when an order or regulation to that effect shall have been is promulgated by the governor.

Sec.

17.

Section 29A.20, Code 2020, is amended to read as follows:

29A.20 Officers.

Officers of the national guard shall be selected from the classes of persons having the qualifications prescribed by federal law and regulations.

They shall be appointed by the governor upon the recommendation of their superiors in the chain of command, provided that they shall have successfully passed such tests as to physical, moral, and professional fitness, as shall be prescribed by law and regulations.

Each officer shall take an oath of office and shall hold office until the officer shall have attained the maximum age of retirement that is prescribed by federal law or regulations pertaining to officers of the armed forces of the United States, unless the officer’s commission or warrant is sooner vacated by resignation, death, or as hereinafter provided in this chapter .

In case the officer has no immediate superiors, within the state, in the chain of command, the officer shall be appointed, as above provided in this section, upon the recommendation of the adjutant general.

A commission shall House File 2536, p.

6 designate the arm or branch of service in which the officer is commissioned.

Provided, however, that no person shall be appointed a commissioned or warrant officer who has not reached the person’s eighteenth birthday at or prior to the time of such appointment.

Sec.

18.

Section 29A.74, subsection 2, Code 2020, is amended to read as follows:

ExceptPage as136, otherwiseline provided22, inby thisstriking chapter<section> noand ,inserting a<sections> report3. or listing, either official or otherwise, of “missing” or “missing in action” shall not constitute or be interpreted as constituting actual knowledge or actual notice of the death of such principal or notice of any facts indicating the same, or shall operate to revoke the agency.

Sec.By renumbering as necessary.

19.______________________________ COMMITTEE ON JUDICIARY HOLT of Crawford, Chairperson HF2536.3253 (1) 88 -1- lh/ns 1/1

Section 29B.119, subsection 1, Code 2020, is amended to read as follows:

1.

Whenever complaint is made to any commanding officer that willful damage has been done to the property of any person or that the person’s property has been wrongfully taken by members of the state military forces, the person may, subject to such regulations as the adjutant general may prescribe, convene a board to investigate the complaint.

The board shall consist of from one to three commissioned officers and, for the purpose of that investigation, it has power to summon witnesses and examine them upon oath or affirmation, to receive depositions or other documentary evidence, and to assess the damages sustained against the responsible parties.

The assessment of damages made by the board is subject to the approval of the commanding officer, and in the amount approved shall be charged against the pay of the offenders.

The order of the commanding officer directing charges herein authorized in this section is conclusive, except as provided herein in this chapter, on any disbursement officer for the payment by the officer to the injured parties of the damages so assessed and approved.

Sec.

20.

Section 29C.24, subsection 6, Code 2020, is amended to read as follows:

6.

Powers and duties not created.

This Act section shall not be construed to place any new mandates or duties upon a local emergency management commission or create any new authority or power for a local emergency management commission House File 2536, p.

7 not already expressly granted in another provision of this chapter.

Sec.

21.

Section 39.25, Code 2020, is amended to read as follows:

39.25 Sex no Gender not a disqualification.

No A person shall not be disqualified on account of sex the person’s gender from holding any office created by the statutes of this state.

Sec.

22.

Section 43.77, subsection 1, Code 2020, is amended to read as follows:

1.

No Either no person filed under section 43.11 as a candidate for the party’s nomination for that office in the primary election, or all persons who filed under section 43.11 as candidates for the party’s nomination for that office in the primary election subsequently withdrew as candidates, were found to lack the requisite qualifications for the office, or died before the date of the primary election, and no candidate received a sufficient number of write-in votes to be nominated.

Sec.

23.

Section 43.103, Code 2020, is amended to read as follows:

43.103 Duty of county commissioner.

The commissioner, in case the district delegates for the commissioner’s county have not been selected, shall deliver a copy of said the call of the state party chairperson to the chairperson of the convention which selects said delegates.

Sec.

24.

Section 43.112, Code 2020, is amended to read as follows:

43.112 Nominations in certain cities.

1.

This chapter shall, so far as applicable, govern the nominations of candidates by political parties for all offices to be filled by a direct vote of the people in cities acting under a special charter in 1973 and having a population of over fifty thousand, except all such cities as choose by special election to conduct nonpartisan city elections under the provisions of chapter 44, 45, or 376.

An election on the question of conducting city elections in such a special charter city on a nonpartisan basis may be called by the city council on its own initiative, and shall be called by the council upon receipt of a petition of the voters which so requests and House File 2536, p.

8 is presented in conformity with section 362.4, but a special election on that question shall be held concurrently with any election being held on the first Tuesday after the first Monday in November of any odd-numbered year.

2.

Sections 43.114 to through 43.118 shall apply only to cities to which this chapter is made applicable by this section.

Sec.

25.

Section 43.116, subsection 1, paragraph a, Code 2020, is amended to read as follows:

a.

No Either no person filed at the time required by section 43.115 as a candidate for the party’s nomination for that office in the city primary election held under section 43.112, or all persons who did so subsequently withdrew as candidates, were found to lack the requisite requirements for the office, or died before the date of the city primary election, and no candidate received a number of write-in votes sufficient for nomination under section 43.53;

or Sec.

26.

Section 44.13, Code 2020, is amended to read as follows:

44.13 Certificates in matter of vacancies.

The certificates of nominations made to supply fill such vacancies shall state, in addition to the facts and candidate’s affidavit required in an original certificate, the name of the original nominee, the date of death or declination of nomination, or the fact that the former nomination has been held insufficient or inoperative, and the measures taken in accordance with the above requirements for filling a vacancy, and shall be signed and sworn to by the presiding officer and secretary of the convention, or caucus, or by the chairperson and secretary of the committee, as the case may be.

Sec.

27.

Section 46.2A, subsection 3, Code 2020, is amended to read as follows:

3.

The terms of any commissioner currently serving on May 8, 2019, on the state judicial nominating commission or any commissioner already elected to begin serving on July 1, 2019, shall not be affected by 2019 Iowa Acts, ch.

89.

Sec.

28.

Section 46.2A, Code 2020, is amended by adding the following new subsection:

NEW SUBSECTION .

4.

This section is repealed July 1, 2024.

House File 2536, p.

9 Sec.

29.

Section 46.5, subsection 5, Code 2020, is amended to read as follows:

5.

Notwithstanding section 69.1A, appointed and elected commissioners on the state and district judicial nominating commissions shall not hold over until their successor is appointed or elected and qualified.

Sec.

30.

Section 49.31, subsection 1, paragraph b, Code 2020, is amended to read as follows:

b.

(1) The commissioner shall determine the order of candidates on the ballot as provided in this paragraph.

The order shall be the same for each office on the ballot and for each precinct in the county voting in the election.

(2) The state commissioner shall compile a list of each county in the state in alphabetical order and assign a number to each county such that the first county listed is number one, the second county listed is number two, and continuing in descending order in the same manner.

The commissioner shall put in alphabetical order the top two political parties receiving the highest votes from the most recent election.

(3) The commissioner of each county assigned an even number pursuant to subparagraph (2) shall arrange the ballot as follows:

(a) The candidates of the first political party by alphabetical order pursuant to subparagraph (2) shall appear first on the ballot for the first general election at which the president of the United States is to be elected following July 1, 2019, and second on the ballot for the first general election at which the governor will be elected following July 1, 2019, and second on the ballot for the second general election at which the president of the United States is to be elected following July 1, 2019, and first on the ballot for the second general election at which the governor will be elected following July 1, 2019, and thereafter alternating with the candidates of the second political party by alphabetical order pursuant to subparagraph (2).

(b) The candidates of the second political party by alphabetical order pursuant to subparagraph (2) shall appear second on the ballot for the first general election at which the president of the United States is to be elected following House File 2536, p.

10 July 1, 2019, and first on the ballot for the first general election at which the governor will be elected following July 1, 2019, and first on the ballot for the second general election at which the president of the United States is to be elected following July 1, 2019, and second on the ballot for the second general election at which the governor will be elected following July 1, 2019, and thereafter alternating with the candidates of the first political party by alphabetical order pursuant to subparagraph (2).

(4) The commissioner of each county assigned an odd number pursuant to subparagraph (2) shall arrange the ballot as follows:

(a) The candidates of the second political party by alphabetical order pursuant to subparagraph (2) shall appear first on the ballot for the first general election at which the president of the United States is to be elected following July 1, 2019, and second on the ballot for the first general election at which the governor will be elected following July 1, 2019, and second on the ballot for the second general election at which the president of the United States is to be elected following July 1, 2019, and first on the ballot for the second general election at which the governor will be elected following July 1, 2019, and thereafter alternating with the candidates of the first political party by alphabetical order pursuant to subparagraph (2).

(b) The candidates of the first political party by alphabetical order pursuant to subparagraph (2) shall appear second on the ballot for the first general election at which the president of the United States is to be elected following July 1, 2019, and first on the ballot for the first general election at which the governor will be elected following July 1, 2019, and first on the ballot for the second general election at which the president of the United States is to be elected following July 1, 2019, and second on the ballot for the second general election at which the governor will be elected following July 1, 2019, and thereafter alternating with the candidates of the second political party by alphabetical order pursuant to subparagraph (2).

(c) (5) The commissioner shall determine the order of House File 2536, p.

11 candidates of nonparty political organizations on the ballot.

The order shall be the same for each office on the ballot and for each precinct in the county voting in the election.

Sec.

31.

Section 49.38, Code 2020, is amended to read as follows:

49.38 Candidate’s name to appear but once.

The name of a candidate shall not appear upon the ballot in more than one place for the same office, whether nominated by convention, primary, caucus, or petition, except as hereinafter otherwise provided in this chapter.

Sec.

32.

Section 49.49, Code 2020, is amended to read as follows:

49.49 Certain sample ballots prohibited.

The commissioner and state commissioner of elections shall not distribute or authorize the distribution of sample ballots to voters other than as provided in sections 43.30, 49.53, and 52.29.

Sec.

33.

Section 49.58, subsection 2, Code 2020, is amended to read as follows:

2.

Each candidate for that office whose name appeared on the general election ballot shall also be a candidate for the office in the special election, except that the deceased candidate’s political party may designate another candidate in substantially the manner provided by section 43.78 for filling vacancies on the general election ballot.

However, a political party which did not have a candidate on the general election ballot for the office in question may similarly designate a candidate for that office in the special election.

The name of any replacement or additional candidate so designated shall be submitted in writing to the state commissioner, or the commissioner in the case of a candidate for county supervisor, not later than 5:00 p.m.

on the first Tuesday after the date of the general election.

The name of a any other candidate that did not appear on the general election ballot as a candidate for the office in question shall not be placed on the ballot for the special election, in any manner.

The special election shall be held and canvassed in the manner prescribed by law for the general election.

Sec.

34.

Section 49A.10, subsection 1, Code 2020, is amended House File 2536, p.

12 to read as follows:

1.

Whenever an amendment to the Constitution of the State of Iowa shall have been is proposed and agreed to by the general assembly and shall have been is agreed to by the succeeding general assembly, any taxpayer may file suit in equity in the district court at the seat of government of the state, challenging the validity, legality, or constitutionality of such the amendment, and in such.

In the suit, the district court shall have jurisdiction to determine the validity, legality, or constitutionality of said the amendment and enter its decree accordingly, and .

The court may grant a writ of injunction enjoining the governor and state commissioner of elections from submitting such the constitutional amendment to the electorate, if the proposed constitutional amendment shall have been is found to be invalid, illegal, or unconstitutional.

Sec.

35.

Section 49A.11, Code 2020, is amended to read as follows:

49A.11 Parties.

In such a suit under section 49A.10, the taxpayer shall be plaintiff and the governor and state commissioner of elections shall be defendants.

Any taxpayer may intervene, either as party plaintiff or defendant.

Sec.

36.

Section 50.8, Code 2020, is amended to read as follows:

50.8 Error on state or district office —— tie vote.

If the error be is in relation to a district or state office, it the error shall be certified with the number of the excess to the state commissioner.

If the error affects the result of the election, the canvass shall be suspended and a new vote ordered in the precinct where the error occurred.

When there is a tie vote due to such an excess, there shall be a new election.

No A person who was not a registered voter in that precinct at the time of the general election shall not be allowed to vote at such the special election.

When the new vote is taken and returned, the canvass shall be completed.

Sec.

37.

Section 69.2, subsection 1, paragraph h, Code 2020, is amended to read as follows:

h.

The incumbent simultaneously holding more than one elective office at the same level of government.

This House File 2536, p.

13 subsection paragraph does not apply to the county agricultural extension council or the soil and water conservation district commission.

Sec.

38.

Section 69.16, subsection 1, Code 2020, is amended to read as follows:

1.

All appointive boards, commissions, and councils of the state established by the Code if not otherwise provided by law shall be bipartisan in their composition.

No A person shall not be appointed or reappointed to any board, commission, or council established by the Code, if the effect of that appointment or reappointment would cause the number of members of the board, commission, or council belonging to one political party to be greater than one-half the membership of the board, commission, or council plus one.

Sec.

39.

Section 76.1, subsection 1, Code 2020, is amended to read as follows:

1.

Hereafter issues Issues of bonds of every kind and character by counties, cities, and school corporations shall be consecutively numbered.

Sec.

40.

Section 84A.1B, subsection 14, paragraph a, Code 2020, is amended to read as follows:

a.

An entry-level hourly wage of not less than fourteen dollars.

Sec.

41.

Section 84A.2, subsection 1, paragraph b, Code 2020, is amended to read as follows:

b.

If a local workforce development area includes more than one unit of general local government, the individuals designated under the agreement described in section 84A.4, subsection 2, paragraph “h” “g”, subparagraph (2).

Sec.

42.

Section 85.22, subsection 5, Code 2020, is amended to read as follows:

5.

For subrogation purposes hereunder , any payment made unto an injured employee, the employee’s guardian, parent, next friend, or legal representative, by or on behalf of any third party, or the third party’s principal or agent liable for, connected with, or involved in causing an injury to such employee shall be considered as having been so paid as damages resulting from and because said injury was caused under circumstances creating a legal liability against said third House File 2536, p.

14 party, whether such payment be made under a covenant not to sue, compromise settlement, denial of liability or otherwise.

Sec.

43.

Section 85.42, subsection 1, paragraph a, Code 2020, is amended to read as follows:

a.

When it is shown that at the time of the injury the surviving spouse had willfully deserted the deceased without fault of the deceased, then such survivor the surviving spouse shall not be considered as dependent in any degree.

Sec.

44.

Section 85A.5, Code 2020, is amended to read as follows:

85A.5 Compensation payable.

1.

All employees subject to the provisions of this chapter who shall become disabled from injurious exposure to an occupational disease herein designated and defined in this chapter and within the conditions, limitations, and requirements provided herein in this chapter, shall receive compensation, reasonable surgical, medical, osteopathic, chiropractic, physical rehabilitation, nursing, and hospital services and supplies therefor, and burial expenses as provided in the workers’ compensation law of Iowa except as otherwise provided in this chapter.

2.

If, however, an employee incurs an occupational disease for which the employee would be entitled to receive compensation if the employee were disabled as provided herein in this chapter , but is able to continue in employment and requires medical treatment for said disease, then the employee shall receive reasonable medical services therefor.

Sec.

45.

Section 85A.6, Code 2020, is amended to read as follows:

85A.6 Dependents —— defined.

Dependents of a deceased employee whose death has been caused by an occupational disease as herein defined in this chapter and under the provisions, conditions, and limitations of this chapter shall be those persons defined as dependents under the workers’ compensation law of Iowa and such dependents shall receive compensation benefits as provided by said law.

Sec.

46.

Section 85A.16, Code 2020, is amended to read as follows:

85A.16 Reference to compensation law.

House File 2536, p.

15 The provisions of the workers’ compensation law, so far as applicable, and not inconsistent herewith with this chapter, shall apply in cases of compensable occupational diseases as specified and defined herein in this chapter.

Sec.

47.

Section 85A.18, Code 2020, is amended to read as follows:

85A.18 Notice of disability or death —— filing of claims.

Except as herein otherwise provided in this chapter, procedure with respect to notice of disability or death, as to the filing of claims and determination of claims shall be the same as in cases of injury or death arising out of and in the course of employment under the workers’ compensation law.

Written notice shall be given to the employer of an occupational disease by the employee within ninety days after the first distinct manifestation thereof, and in the case of death from such an occupational disease, written notice of such claim shall also be given to the employer within ninety days thereafter.

Sec.

48.

Section 96.7, subsection 2, paragraph d, subparagraph (1), Code 2020, is amended to read as follows:

(1) The current reserve fund ratio is computed by dividing the total funds available for payment of benefits, on the computation date or on August 15 following the computation date if the total funds available for payment of benefits is a higher amount on August 15, by the total wages paid in covered employment excluding reimbursable employment wages during the first four calendar quarters of the five calendar quarters immediately preceding the computation date.

However, in computing the current reserve fund ratio, beginning July 1, 2007, one hundred fifty million dollars shall be added to the total funds available for payment of benefits on each subsequent computation date.

Sec.

49.

Section 97B.7A, subsection 5, Code 2020, is amended to read as follows:

5.

Travel.

In the administration of the investment of moneys in the retirement fund, employees of the system and members of the board may travel outside the state for the purpose of meeting with investment firms and consultants and attending conferences and meetings to fulfill their fiduciary House File 2536, p.

16 responsibilities.

This travel is not subject to section 8A.512, subsection 2.

Sec.

50.

Section 99D.7, subsection 23, Code 2020, is amended to read as follows:

23.

To establish a process to allow a person to be voluntarily excluded from advance deposit wagering as defined in section 99D.11, from an internet fantasy sports contest as defined in section 99E.1, from advance deposit sports wagering as defined in section 99F.9, and from the wagering area of a racetrack enclosure, and from the gaming floor, and from the sports wagering area, as defined in section 99F.1, of all other licensed facilities under this chapter and chapter 99F as provided in this subsection.

The process shall provide that an initial request by a person to be voluntarily excluded shall be for a period of five years or life and any subsequent request following any five-year period shall be for a period of five years or life.

The process established shall require that licensees be provided electronic access to names and social security numbers of persons voluntarily excluded through a secured interactive internet site maintained by the commission and information regarding persons voluntarily excluded shall be disseminated to all licensees under this chapter, chapter 99E, and chapter 99F.

The names, social security numbers, and information regarding persons voluntarily excluded shall be kept confidential unless otherwise ordered by a court or by another person duly authorized to release such information.

The process established shall also require a person requesting to be voluntarily excluded be provided information compiled by the Iowa department of public health on gambling treatment options.

The state and any licensee under this chapter, chapter 99E, or chapter 99F shall not be liable to any person for any claim which may arise from this process.

In addition to any other penalty provided by law, any money or thing of value that has been obtained by, or is owed to, a voluntarily excluded person as a result of wagers made by the person after the person has been voluntarily excluded shall be forfeited by the person and shall be credited to the general fund of the state.

Sec.

51.

Section 99F.1, subsection 14, Code 2020, is amended House File 2536, p.

17 to read as follows:

14.

“Gambling game” means any game of chance authorized by the commission.

However, for racetrack enclosures, “gambling game” does not include table games of chance or video machines which simulate table games of chance, unless otherwise authorized by this chapter.

“Gambling game” does not include sports betting wagering.

Sec.

52.

Section 99F.10, subsection 4, paragraph a, Code 2020, is amended to read as follows:

a.

In determining the license fees and state regulatory fees to be charged as provided under section 99F.4 and this section, the commission shall use as the basis for determining the amount of revenue to be raised from the license fees and regulatory fees the amount appropriated to the commission plus the following as applicable:

(1) Prior to July 1, 2016, the cost of salaries for no more than two special agents for each excursion gambling boat or gambling structure and no more than four gaming enforcement officers for each excursion gambling boat or gambling structure with a patron capacity of less than two thousand persons or no more than five gaming enforcement officers for each excursion gambling boat or gambling structure with a patron capacity of at least two thousand persons, plus any direct and indirect support costs for the agents and officers, for the division of criminal investigation’s excursion gambling boat or gambling structure activities.

However, the division of criminal investigation may add one additional special agent to the number of special agents specified in this subparagraph for each excursion gambling boat or gambling structure if at least two gaming enforcement officer full-time equivalent positions are vacant.

Otherwise, the division of criminal investigation shall not fill vacant gaming enforcement officer positions.

(2) On or after July 1, 2016, the cost of salaries for no more than three special agents for each excursion gambling boat or gambling structure, plus any direct and indirect support costs for the agents, for the division of criminal investigation’s excursion gambling boat or gambling structure activities.

Sec.

53.

Section 123.36, subsection 5, paragraph c, Code House File 2536, p.

18 2020, is amended to read as follows:

c.

For air common carriers, each company shall pay a base an annual fee of five hundred dollars.

Sec.

54.

Section 123.45, subsection 1, paragraph a, Code 2020, is amended to read as follows:

a.

Directly or indirectly supply, furnish, give, or pay for any furnishings, fixtures, or equipment used in the storage, handling, serving, or dispensing of alcoholic beverages, wine, beer, or food within the place of business of a licensee or permittee authorized under this chapter to sell at retail.

Sec.

55.

Section 123.45, subsection 3, Code 2020, is amended to read as follows:

3.

However, a A person engaged in the wholesaling of beer or wine may sell only disposable glassware, which is constructed of paper, paper laminated, or plastic materials and designed primarily for personal consumption on a one-time usage basis, to retailers for use within the premises of licensed establishments, for an amount which is greater than or equal to an amount which represents the greater of either the amount paid for the disposable glassware by the supplier or the amount paid for the disposable glassware by the wholesaler.

Also, a person engaged in the business of manufacturing beer may sell beer at retail for consumption on or off the premises of the manufacturing facility and, notwithstanding any other provision of this chapter or the fact that a person is the holder of a class “A” beer permit, may be granted not more than one class “B” beer permit as defined in section 123.124 for that purpose regardless of whether that person is also a manufacturer of native distilled spirits pursuant to a class “A” native distilled spirits license or a manufacturer of native wine pursuant to a class “A” wine permit.

Sec.

56.

Section 123.90, Code 2020, is amended to read as follows:

123.90 Penalties generally.

Unless other penalties are herein provided in this chapter, any person, except a person under legal age, who violates any of the provisions of this chapter, or who makes a false statement concerning any material fact in submitting an application for a permit or license, shall be guilty of a House File 2536, p.

19 serious misdemeanor.

Any person under legal age who violates any of the provisions of this chapter shall upon conviction be guilty of a simple misdemeanor.

Sec.

57.

Section 123.188, subsection 1, Code 2020, is amended to read as follows:

1.

A person desiring to deliver wine subject to direct shipment within this state pursuant to section 123.187 shall submit an application for a wine carrier permit electronically, or in a manner prescribed by the administrator, and which shall be accompanied by a fee in the amount of one hundred dollars.

Sec.

58.

Section 124.201, subsection 2, Code 2020, is amended to read as follows:

2.

After considering the above factors described in subsection 1 , the board shall make a recommendation to the general assembly, specifying the change which should be made in existing schedules, if it finds that the potential for abuse or lack thereof of the substance is not properly reflected by the existing schedules.

Sec.

59.

Section 135.42, Code 2020, is amended to read as follows:

135.42 Unlawful use.

All information, interviews, reports, statements, memoranda, or other data furnished in accordance with this subchapter and any findings or conclusions resulting from such studies shall not be used or offered or received in evidence in any legal proceedings of any kind or character, but nothing contained herein in this subchapter shall be construed as affecting the admissibility as evidence of the primary medical or hospital records pertaining to the patient or of any other writing, record or reproduction thereof not contemplated by this subchapter.

Sec.

60.

Section 135.74, subsection 1, Code 2020, is amended to read as follows:

1.

The department, after study and in consultation with any advisory committees which may be established pursuant to law, shall promulgate by rule pursuant to chapter 17A uniform methods of financial reporting, including such allocation methods as may be prescribed, by which hospitals and health care facilities shall respectively record their revenues, House File 2536, p.

20 expenses, other income, other outlays, assets and liabilities, and units of service, according to functional activity center.

These uniform methods of financial reporting shall not preclude a hospital or health care facility from using any accounting methods for its own purposes provided these accounting methods can be reconciled to the uniform methods of financial reporting prescribed by the department and can be audited for validity and completeness.

Each hospital and each health care facility shall adopt the appropriate system for its fiscal year, effective upon such date as the department shall direct.

In determining the effective date for reporting requirements, the department shall consider both the immediate need for uniform reporting of information to effectuate the purposes of this subchapter and the administrative and economic difficulties which hospitals and health care facilities may encounter in complying with the uniform financial reporting requirement, but the effective date shall not be later than January 1, 1980.

Sec.

61.

Section 144A.7, subsection 1, paragraph b, Code 2020, is amended to read as follows:

b.

The guardian of the person of the patient if one has been appointed, provided court approval is obtained in accordance with section 232D.401, subsection 4, paragraph “a”, or section 633.635, subsection 3, paragraph “b”, subparagraph (1).

This paragraph does not require the appointment of a guardian in order for a treatment decision to be made under this section.

Sec.

62.

Section 144F.1, subsection 6, Code 2020, is amended to read as follows:

6.

“Legal representative” means, in order of priority, an attorney in fact under a durable power of attorney for health care pursuant to chapter 144B or, if no durable power of attorney for health care has been executed pursuant to chapter 144B or if the attorney in fact is unavailable, a legal guardian appointed pursuant to chapter 232D or 633.

Sec.

63.

Section 144F.6, Code 2020, is amended to read as follows:

144F.6 Construction of chapter relative to other health care directives.

Nothing in this chapter shall be construed to interfere with the authority or responsibilities of an agent operating under House File 2536, p.

21 a valid durable power of attorney for health care pursuant to chapter 144B or of the powers and duties granted to a guardian pursuant to section 232D.401 or 633.635.

Sec.

64.

Section 152.2, Code 2020, is amended to read as follows:

152.2 Executive director.

The board shall retain a full-time executive director, who shall be appointed pursuant to section 135B.11 135.11B.

The executive director shall be a registered nurse.

The governor, with the approval of the executive council pursuant to section 8A.413, subsection 3, under the pay plan for exempt positions in the executive branch of government, shall set the salary of the executive director.

Sec.

65.

Section 153.33B, unnumbered paragraph 1, Code 2020, is amended to read as follows:

The board shall appoint a A full-time executive director shall be appointed as provided under section 135.11B.

The executive director shall not be a member of the board.

The duties of the executive director shall be the following:

Sec.

66.

Section 159.23, Code 2020, is amended to read as follows:

159.23 Special fund.

All fees collected as a result of the inspection and grading provisions set out herein in this chapter shall be paid into the state treasury, there to be set aside in a separate fund which is hereby appropriated for the use of the department except as indicated.

Withdrawals therefrom from the fund shall be by warrant of the director of the department of administrative services upon requisition by the secretary of agriculture.

Such The fund shall be continued from year to year, provided, however, that if there be any balance remaining at the end of the biennium which, in the opinion of the governor, director of the department of management, and secretary of agriculture, is greater than necessary for the proper administration of the inspection and grading program referred to herein in this section, the treasurer of state is hereby authorized on the recommendation and with the approval of the governor, director of the department of management, and secretary of agriculture to transfer to the general fund House File 2536, p.

22 of the state that portion of such account as they shall deem advisable.

Sec.

67.

Section 163.51, subsection 1, paragraph a, subparagraph (3), Code 2020, is amended to read as follows:

(3) The compelling of a person who is the owner or custodian of the animal to provide information regarding the movement or relocation of the animal or the vaccination status of the animal or the herd where the animal originates.

The department may issue a subpoena for relevant testimony or records as defined in section 516E.1 523C.1.

In the case of a failure or refusal of the person to provide testimony or records, the district court upon application of the department or the attorney general acting upon behalf of the department, may order the person to show cause why the person should not be held in contempt.

The court may order the person to provide testimony or produce the record or be punished for contempt as if the person refused to testify before the court or disobeyed a subpoena issued by the court.

Sec.

68.

Section 176A.4, Code 2020, is amended to read as follows:

176A.4 Establishment —— body corporate —— county agricultural extension districts.

1.

Each county, except Pottawattamie, is constituted and established as a “county agricultural extension district” and shall be a public body corporate organized in accordance with the provisions of this chapter for the purposes, with the powers and subject to the restrictions hereinafter set forth in this chapter.

2.

Pottawattamie county shall be divided into and constitute two districts with one as follows:

a.

A district to be known as “East Pottawattamie” which shall include the following townships:

Pleasant, Layton, Knox, James, Valley, Lincoln, Washington, Belknap, Center, Wright, Carson, Macedonia, Grove, Waveland;

and the other .

b.

A district to be known as “West Pottawattamie” which shall include the following townships:

Rockford, Boomer, Neola, Minden, Hazel Dell, York, Crescent, Norwalk, Lake, Garner, Hardin, Kane, Lewis, Keg Creek, Silver Creek.

Sec.

69.

Section 176A.8, subsections 3, 6, 7, 10, and 11, House File 2536, p.

23 Code 2020, are amended to read as follows:

3.

a.

To and shall , at least ninety days prior to the date fixed for the election of council members, appoint a nominating committee consisting of four persons who are not council members and designate the chairperson.

The membership of the nominating committee shall be gender balanced.

The nominating committee shall consider the geographic distribution of potential nominees in nominating one or more resident registered voters of the extension district as candidates for election to each office to be filled at the election.

To qualify for the election ballot, each nominee shall file a nominating petition signed by at least twenty-five eligible electors of the district with the county commissioner of elections at least sixty-nine days before the date of election.

b.

To and shall also provide for the nomination by petition of candidates for election to membership on the extension council.

A nominating petition shall be signed by at least twenty-five eligible electors of the extension district and shall be filed with the county commissioner of elections at least sixty-nine days before the date of the election.

6.

To prepare annually before March 15 a budget for the fiscal year beginning July 1 and ending the following June 30, in accordance with the provisions of chapter 24 and certify the same budget to the board of supervisors of the county of their extension district as required by law.

7.

To and shall be responsible for the preparation and adoption of the educational program on extension work in agriculture, home economics, and 4-H club work, and periodically review said the program, and for the carrying out of the same program in cooperation with the extension service in accordance with the memorandum of understanding with said the extension service.

10.

To and shall , as soon as possible following the meeting at which the officers are elected, file in the office of the board of supervisors and of the county treasurer a certificate signed by its the chairperson and secretary of the extension council certifying the names, addresses, and terms of office of each member, and the names and addresses of the officers of the extension council with the signatures of the officers affixed House File 2536, p.

24 thereto, and said to the certificate.

The certificate shall be conclusive as to the organization of the extension district, its extension council, and as to its members and its officers.

11.

To and shall deposit all funds received from the “county agricultural extension education fund” in a bank or banks approved by it the extension council in the name of the extension district.

These receipts shall constitute a fund known as the “county agricultural extension education fund” which shall be disbursed by the treasurer of the extension council on vouchers signed by its chairperson and secretary and approved by the extension council and recorded in its minutes.

Sec.

70.

Section 176A.9, subsection 5, Code 2020, is amended to read as follows:

5.

The extension council and its employed personnel may cooperate with, and give information and advice to organized and unorganized groups, but shall not promote, sponsor, or engage in the organization of any group for any purpose except the promoting, organization, and the development of the programs of 4-H clubs.

Nothing in this chapter shall prevent the county extension council or extension agents employed by it from using or seeking opportunities to reach an audience of persons interested in agricultural extension work through the help of interested farm organizations, civic organizations, or any other group:

Provided, that.

However, in using or seeking such opportunities, the county extension council or agents employed by it the extension council shall make available to all groups and organizations in the county equal opportunity to cooperate in the educational extension program.

Sec.

71.

Section 200.15, Code 2020, is amended to read as follows:

200.15 Refusal to register, or cancellation of registration and licenses.

The secretary is authorized and empowered to cancel the registration of any product of commercial fertilizer or soil conditioner or license or to refuse to register any product of commercial fertilizer or soil conditioner or refuse to license any applicant as herein provided, upon satisfactory evidence that the registrant or licensee has used fraudulent or deceptive practices or who has willfully violates violated House File 2536, p.

25 any provisions of this chapter or any rules and regulations promulgated thereunder:

Except no under this chapter.

However, a registration or license shall not be revoked or refused until the registrant or licensee shall have has been given the opportunity to appear for a hearing by the secretary.

Sec.

72.

Section 204.9, subsection 2, paragraph b, Code 2020, is amended to read as follows:

b.

The department of public safety or a local law enforcement agency may obtain a sample of plants that are part of the crop and provide for a test of that sample as provided in section 204.8.

The department of public safety or a local law enforcement agency shall not impose, assess, or collect a fee for conducting an inspection or test under this section.

Sec.

73.

Section 204.15, subsection 3, Code 2020, is amended to read as follows:

3.

A licensee shall not be ineligible to participate in the negligent violation program, if a test of a sample of plants that are part of a crop produced on the licensee’s crop site exceeds a maximum concentration of two percent delta-9 tetrahydrocannabinol on a dry weight basis.

Sec.

74.

Section 214A.12, Code 2020, is amended to read as follows:

214A.12 Industrial petroleum —— permits.