House File 417 AN ACT RELATING TO NONSUBSTANTIVE CODE CORRECTIONS. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: DIVISION I MISCELLANEOUS CHANGES Section 1. Section 8.6, subsection 8, Code 2013, is amended to read as follows: 8. Rules. To make such rules, subject to the approval of the governor, as may be necessary for effectively carrying on the work of the department of management. The director may, with the approval of the executive council, require any state official, agency, department , or commission, to require any applicant, registrant, filer, permit holder , or license holder, whether individual, partnership, trust , or corporation, to submit to said official, agency, department , or commission, the social security number or the tax number or both so assigned to said individual, partnership, trust , or corporation. Sec. 2. Section 8.32, Code 2013, is amended to read as follows: 8.32 Conditional availability of appropriations. 1. All appropriations made to any department or establishment of the government as receive or collect moneys available for expenditure by them under present laws, are declared to be in addition to such repayment receipts, and such appropriations are to be available as and to the extent that such receipts are insufficient to meet the costs of administration, operation, and maintenance, or public improvements of such departments: a. Provided, that such receipts or collections shall be deposited in the state treasury as part of the general fund or

House File 417, p. 2 special funds in all cases, except those collections made by the state fair board, the institutions under the state board of regents , and the natural resource commission. b. Provided further, that no repayment receipts shall be available for expenditures until allotted as provided in section 8.31 ; and c. Provided further, that the collection of repayment receipts by the state fair board and the institutions under the state board of regents shall be deposited in a bank or banks duly designated and qualified as state depositories, in the name of the state of Iowa, for the use of such boards and institutions, and such funds shall be available only on the check of such boards or institutions depositing them, which are hereby authorized to withdraw such funds, but only after allotment by the governor as provided in section 8.31 ; and d. Provided further, that this chapter shall not apply to endowment or private trust funds or to gifts to institutions owned or controlled by the state or to the income from such endowment or private trust funds, or to private funds belonging to students or inmates of state institutions. 2. The provisions of this chapter shall not be construed to prohibit the state fair board from creating an emergency or sinking fund out of the receipts of the state fair and state appropriation for the purpose of taking care of any emergency that might arise beyond the control of the board of not to exceed three hundred thousand dollars. Neither shall this chapter be construed to prohibit the state fair board from retaining an additional sum of not to exceed three hundred fifty thousand dollars to be used in carrying out the provisions of chapter 173 . Sec. 3. Section 8D.5, subsection 1, Code 2013, is amended to read as follows: 1. a. An education telecommunications council is established. The council consists of eighteen members and shall include the following: two (1) Two persons appointed by the state board of regents ; two . (2) Two persons appointed by the Iowa association of community college trustees ; two . (3) Two persons appointed by the area education agency boards ; two . (4) Two persons appointed by the Iowa association of school boards ; two .

House File 417, p. 3 (5) Two persons appointed by the school administrators of Iowa ; two . (6) Two persons appointed by the Iowa association of independent colleges and universities ; two . (7) Two persons appointed by the Iowa state education association ; three . (8) Three persons appointed by the director of the department of education including one person representing libraries and one person representing the Iowa association of nonpublic school administrators ; and one . (9) One person appointed by the administrator of the public broadcasting division of the department of education. b. The council shall establish scheduling and site usage policies for educational users of the network, coordinate the activities of the regional telecommunications councils, and develop proposed rules and changes to rules for recommendation to the commission. The council shall also recommend long-range plans for enhancements needed for educational applications. c. Administrative support and staffing for the council shall be provided by the department of education. Sec. 4. Section 15.107, subsection 5, paragraph a, Code 2013, is amended to read as follows: a. That the corporation review reviews and, at the board’s direction, implement implements the applicable portions of the strategic plan developed by members of the authority pursuant to section 15.105 . Sec. 5. Section 16.6, subsection 2, Code 2013, is amended to read as follows: 2. The executive director shall advise the authority on matters relating to housing and housing finance, carry out all directives from the authority, and hire and supervise the authority’s staff pursuant to its directions. All employees of the authority are exempt from the merit system provisions of chapter 8A, subchapter IV . Sec. 6. Section 16.27, subsection 4, Code 2013, is amended to read as follows: 4. The authority shall cause to be delivered to the legislative fiscal committee within ninety days of the close of its fiscal year its annual report certified by an independent certified public accountant , ( who may be the accountant or a member of the firm of accountants who regularly audits the books and accounts of the authority ) , selected by the authority.

House File 417, p. 4 Sec. 7. Section 24.2, subsection 3, Code 2013, is amended to read as follows: 3. The words “fiscal year” shall mean the period of twelve months beginning on July 1 and ending on the thirtieth day of June. The fiscal year of cities, counties, and other political subdivisions of the state shall begin July 1 and end the following June 30. The fiscal year of cities, counties, and other political subdivisions of the state shall begin July 1 and end the following June 30. Sec. 8. Section 28A.24, Code 2013, is amended to read as follows: 28A.24 Exemption from taxation. Since an authority is performing essential governmental functions, an authority is not required to pay any taxes or assessments of any kind or nature upon any property required or used by it for its purposes, or any rates, fees, rentals, receipts, or incomes at any time received by it, and the bonds issued by an authority, their transfer, and the income, including any profits made on the sale of the bonds, is deductible in determining net income for the purposes of the state individual and corporate income tax under chapter 422, divisions II and III of chapter 422 , and shall not be taxed by any political subdivision of this state. Sec. 9. Section 28E.2, Code 2013, is amended to read as follows: 28E.2 Definitions. For the purposes of this chapter , the term “public agency” : 1. “ Private agency” shall mean an individual and any form of business organization authorized under the laws of this or any other state. 2. “Public agency” shall mean any political subdivision of this state; any agency of the state government or of the United States; and any political subdivision of another state. The term “state” 3. “State” shall mean a state of the United States and the District of Columbia. The term “private agency” shall mean an individual and any form of business organization authorized under the laws of this or any other state. Sec. 10. Section 29A.15, Code 2013, is amended to read as follows: 29A.15 State awards and decorations. The adjutant general, from the funds appropriated for the

House File 417, p. 5 support and maintenance of the national guard, shall procure and issue to the members of the national guard merit or service badges or other appropriate awards for service under regulations and according to the design and pattern determined by the adjutant general. Members of the national guard who, by order of the president, serve in federal forces during a national emergency, may count the period of that federal active duty toward the procurement of a service badge. Sec. 11. Section 29C.17, subsection 2, unnumbered paragraph 1, Code 2013, is amended to read as follows: For the purposes consistent with this chapter , the local emergency management agency’s approved budget shall be funded by one or any combination of the following options, as determined by the commission: Sec. 12. Section 34A.6, subsection 1, Code 2013, is amended to read as follows: 1. Before a joint E911 service board may request imposition of the wire-line E911 service surcharge by the program manager, the board shall submit the following question to voters, as provided in subsection 2 , in the proposed E911 service area, and the question shall receive a favorable vote from a simple majority of persons submitting valid ballots on the following question within the proposed E911 service area: Shall the following public measure be adopted? YES .... NO .... Enhanced 911 emergency telephone service shall be funded, in whole or in part, by a monthly surcharge of (an amount determined by the local joint E911 service board of up to one dollar) on each telephone access line collected as part of each telephone subscriber’s monthly phone bill if provided within (description of the proposed E911 service area). Sec. 13. Section 34A.7A, subsection 2, paragraph b, Code 2013, is amended to read as follows: b. The program manager shall reimburse communication communications service providers on a calendar quarter basis for carriers’ eligible expenses for transport costs between the selective router and the public safety answering points related to the delivery of wireless E911 phase 1 services. Sec. 14. Section 49.80, subsection 2, Code 2013, is amended to read as follows: 2. a. In case of any challenges of an elector at the time the person is offering to vote in a precinct, a precinct

House File 417, p. 6 election official may place such person under oath and question the person as , (a) where to the following: (1) Where the person maintains the person’s home ; (b) how . (2) How long the person has maintained the person’s home at such place ; (c) if . (3) If the person maintains a home at any other location ; (d) the . (4) The person’s age. b. The precinct election official may permit the challenger to participate in such questions. The challenged elector shall be allowed to present to the official such evidence and facts as the elector feels sustains the fact that the person is qualified to vote. Upon completion thereof, if the challenge is withdrawn, the elector may cast the vote in the usual manner. If the challenge is not withdrawn, section 49.81 shall apply. Sec. 15. Section 50.20, Code 2013, is amended to read as follows: 50.20 Notice of number of provisional ballots. The commissioner shall compile a list of the number of provisional ballots cast under section 49.81 in each precinct. The list shall be made available to the public as soon as possible, but in no case later than nine o’clock 9:00 a.m. on the second day following the election. Any elector may examine the list during normal office hours, and may also examine the affidavit envelopes bearing the ballots of challenged electors until the reconvening of the special precinct board as required by this chapter . Only those persons so permitted by section 53.23, subsection 4 , shall have access to the affidavits while that board is in session. Any elector may present written statements or documents, supporting or opposing the counting of any provisional ballot, at the commissioner’s office until the reconvening of the special precinct board. Sec. 16. Section 53.45, subsection 1, paragraph a, unnumbered paragraph 1, Code 2013, is amended to read as follows: As provided in this section , the commissioner shall provide special absentee ballots to be used for state general elections. A special absentee ballot shall only be provided to an eligible elector who completes an application stating both of the following to the best of the eligible elector’s belief: Sec. 17. Section 68A.604, Code 2013, is amended to read as follows:

House File 417, p. 7 68A.604 Funds. Any candidate for a partisan public office, except as otherwise provided by section 68A.103, subsection 2 , may receive campaign funds from the Iowa election campaign fund through the state central committee of the candidate’s political party. However, the state central committee of each political party shall have discretion as to which of the party’s candidates for public office shall be allocated campaign funds out of money received by that party from the Iowa election campaign fund. Sec. 18. Section 88.8, subsection 2, Code 2013, is amended to read as follows: 2. Noncompliance notice. If the commissioner has reason to believe that an employer has failed to correct the violation for which a citation has been issued within the period permitted for its correction , ( which period shall not begin to run until the entry of a final order by the appeal board in the case of any review proceedings under this section initiated by the employer in good faith and not solely for delay or avoidance of penalties ) , the commissioner shall notify the employer by service in the same manner as an original notice or by certified mail of the failure and of the penalty proposed to be assessed under section 88.14 by reason of the failure, and that the employer has fifteen working days within which to notify the commissioner that the employer wishes to contest the commissioner’s notification or the proposed assessment of penalty. If, within fifteen working days from the receipt of notification issued by the commissioner, the employer fails to notify the commissioner that the employer intends to contest the notification or proposed assessment of penalty, the notification and assessment, as proposed, shall be deemed the final order of the appeal board and not subject to review by any court or agency. Sec. 19. Section 88.19, Code 2013, is amended to read as follows: 88.19 Annual report. Within one hundred twenty days following the convening of each session of each general assembly, the commissioner shall prepare and submit to the governor for transmittal to the general assembly a report upon the subject matter of this chapter , the progress toward achievement of the purpose of this chapter , the needs and requirements in the field of occupational safety and health, and any other relevant

House File 417, p. 8 information. Such The reports may include information regarding occupational the following: 1. Occupational safety and health standards, and criteria for such standards, developed during the preceding year ; evaluation . 2. Evaluation of standards and criteria previously developed under this chapter , defining areas of emphasis for new criteria and standards ; evaluation . 3. Evaluation of the degree of observance of applicable occupational safety and health standards, and a summary of inspection and enforcement activity undertaken ; analysis . 4. Analysis and evaluation of research activities for which results have been obtained under governmental and nongovernmental sponsorship ; an . 5. An analysis of major occupational diseases ; evaluation . 6. Evaluation of available control and measurement technology for hazards for which standards or criteria have been developed during the preceding year ; a . 7. A description of cooperative efforts undertaken between government agencies and other interested parties in the implementation of this chapter during the preceding year ; a . 8. A progress report on the development of an adequate supply of trained personnel in the field of occupational safety and health, including estimates of future needs and the efforts being made by government and others to meet those needs ; a . 9. A listing of all toxic substances in industrial usage for which labeling requirements, criteria, or standards have not yet been established ; and such . 10. Such recommendations for additional legislation as are deemed necessary to protect the safety and health of the worker and improve the administration of this chapter . Sec. 20. Section 96.13, subsection 2, Code 2013, is amended to read as follows: 2. Replenishment of lost funds. If any moneys received after June 30, 1941, from the social security board administration under Tit. III of the Social Security Act, or any unencumbered balances in the unemployment compensation administration fund as of that date, or any moneys granted after that date to this state pursuant to the provisions of the Wagner-Peyser Act, or any moneys made available by this state or its political subdivisions and matched by such moneys granted to this state pursuant to the provisions of the Wagner-Peyser Act, are found by the social security board

House File 417, p. 9 administration , because of any action or contingency, to have been lost or been expended for purposes other than or in amounts in excess of, those found necessary by the social security board administration for the proper administration of this chapter , it is the policy of this state that such moneys shall be replaced by moneys appropriated for such purpose from the general funds of this state to the unemployment compensation administration fund for expenditure as provided in subsection 1 of this section . Upon receipt of notice of such a finding by the social security board administration , the department shall promptly report the amount required for such replacement to the governor and the governor shall at the earliest opportunity, submit to the legislature a request for the appropriation of such amount. This subsection shall not be construed to relieve this state of its obligation with respect to funds received prior to July 1, 1941, pursuant to the provisions of Tit. III of the Social Security Act. Sec. 21. Section 97C.12, Code 2013, is amended to read as follows: 97C.12 Contribution fund. 1. There is hereby established in the office of the treasurer of state a special fund to be known as the contribution fund. Such fund shall consist of, and there shall be deposited in such fund: (1) all a. All taxes, interest, and penalties collected under sections 97C.5 , 97C.10 , and 97C.11 ; (2) all . b. All moneys appropriated thereto under this chapter ; (3) any . c. Any property or securities and earnings thereof acquired through the use of moneys belonging to the fund ; (4) interest . d. Interest earned upon any moneys in the fund ; and (5) all . e. All sums recovered upon the bond of the custodian or otherwise for losses sustained by the fund and all other moneys received for the fund from any other source. 2. Subject to the provisions of this chapter , the state agency is vested with full power, authority and jurisdiction over the fund, including all moneys and property or securities belonging thereto, and may perform any and all acts whether or not specifically designated, which are necessary to the administration thereof and are consistent with the provisions of this chapter . All moneys in this fund shall be mingled and undivided. Sec. 22. Section 123.30, subsection 2, Code 2013, is amended

House File 417, p. 10 to read as follows: 2. No A liquor control license shall not be issued for premises which do not conform to all applicable laws, ordinances, resolutions, and health and fire regulations. Nor shall any A licensee shall not have or maintain any interior access to residential or sleeping quarters unless permission is granted by the administrator in the form of a living quarters permit. Sec. 23. Section 123.50, subsection 1, Code 2013, is amended to read as follows: 1. Any person who violates any of the provisions of section 123.49 , except section 123.49, subsection 2 , paragraph “h” , or who fails to affix upon sale, defaces, or fails to record a keg identification sticker or produce a record of keg identification stickers pursuant to section 123.138 , shall be guilty of a simple misdemeanor. A person who violates section 123.49, subsection 2 , paragraph “h” , commits a simple misdemeanor punishable as a scheduled violation under section 805.8C, subsection 2 . Sec. 24. Section 123.145, Code 2013, is amended to read as follows: 123.145 Labels on bottles, barrels, etc. —— conclusive evidence. The label on any bottle, keg, barrel, or other container in which beer is offered for sale in this state, representing the alcoholic content of such beer as being in excess of five per centum percent by weight shall be conclusive evidence as to the alcoholic content of the beer contained therein. Sec. 25. Section 124.401, subsection 1, paragraph d, Code 2013, is amended to read as follows: d. Violation of this subsection , with respect to any other controlled substances, counterfeit substances, or simulated controlled substances classified in section 124.204, subsection 4, paragraph “ai” , or section 124.204, subsection 6 , paragraph “i” , or classified in schedule IV or V is an aggravated misdemeanor. However, violation of this subsection involving fifty kilograms or less of marijuana or involving flunitrazepam is a class “D” felony. Sec. 26. Section 126.11, subsection 3, paragraph b, Code 2013, is amended to read as follows: b. A drug dispensed by filling or refilling a written, electronic, facsimile, or oral prescription of a practitioner licensed by law to administer the drug is exempt from section

House File 417, p. 11 126.10 , except section 126.10, subsection 1 , paragraph “a” and , section 126.10, paragraph “i” , subparagraphs (2) and (3), and section 126.10, subsection 1 , paragraphs “k” and “l” , and the packaging requirements of section 126.10, subsection 1 , paragraphs “g” , “h” , and “p” , if the drug bears a label containing the name and address of the dispenser, the date of the prescription or of its filling, the name of the prescriber, and, if stated in the prescription, the name of the patient, and the directions for use and cautionary statements, if any, contained in the prescription. This exemption does not apply to a drug dispensed in the course of the conduct of the business of dispensing drugs pursuant to diagnosis by mail, or to a drug dispensed in violation of paragraph “a” of this subsection . Sec. 27. Section 135.74, subsection 2, Code 2013, is amended to read as follows: 2. In establishing uniform methods of financial reporting, the department shall consider all of the following : a. The existing systems of accounting and reporting currently utilized by hospitals and health care facilities ; . b. Differences among hospitals and health care facilities, respectively, according to size, financial structure, methods of payment for services, and scope, type and method of providing services ; and . c. Other pertinent distinguishing factors. Sec. 28. Section 135.75, subsection 1, Code 2013, is amended to read as follows: 1. Each hospital and each health care facility shall annually, after the close of its fiscal year, file all of the following with the department: a. A balance sheet detailing the assets, liabilities and net worth of the hospital or health care facility ; . b. A statement of its income and expenses ; and . c. Such other reports of the costs incurred in rendering services as the department may prescribe. Sec. 29. Section 135.83, Code 2013, is amended to read as follows: 135.83 Contracts for assistance with analyses, studies, and data. In furtherance of the department’s responsibilities under sections 135.76 and 135.78 , the director may contract with the Iowa hospital association and third-party payers, the Iowa health care facilities association and third-party payers, or

House File 417, p. 12 the Iowa association of homes for the aging leading age Iowa and third-party payers for the establishment of pilot programs dealing with prospective rate review in hospitals or health care facilities, or both. Such contract shall be subject to the approval of the executive council and shall provide for an equitable representation of health care providers, third-party payers, and health care consumers in the determination of criteria for rate review. No third-party payer shall be excluded from positive financial incentives based upon volume of gross patient revenues. No state or federal funds appropriated or available to the department shall be used for any such pilot program. Sec. 30. Section 135.156, subsection 2, paragraph b, unnumbered paragraph 1, Code 2013, is amended to read as follows: An executive committee of the electronic health information advisory council is established. Members of the executive committee of the advisory council shall receive reimbursement for actual expenses incurred while serving in their official capacity only if they are not eligible for reimbursement by the organization that they represent. The executive committee shall consist of the following members: Sec. 31. Section 135.156B, subsections 5 and 8, Code 2013, are amended to read as follows: 5. Apply for, acquire by gift or purchase, and hold, dispense, or dispose of funds and real or personal property from any person, governmental entity, or organization in the exercise of its the department’s powers or performance of its the department’s duties in accordance with this division . 8. Execute all instruments necessary or incidental to the performance of its the department’s duties and the execution of its the department’s powers under this division . Sec. 32. Section 135C.2, subsection 5, paragraph a, Code 2013, is amended to read as follows: a. A facility provider under the special classification must comply with rules adopted by the department for the special classification. However, a facility provider which has been accredited by the accreditation council for services to persons with an intellectual disability and other developmental disabilities on quality and leadership shall be deemed to be in compliance with the rules adopted by the department. Sec. 33. Section 135C.6, subsection 3, Code 2013, is amended to read as follows:

House File 417, p. 13 3. No change in a health care facility, its operation, program, or services, of a degree or character affecting continuing licensability licensure shall be made without prior approval thereof by the department. The department may by rule specify the types of changes which shall not be made without its prior approval. Sec. 34. Section 135C.6, subsection 8, paragraph c, unnumbered paragraph 1, Code 2013, is amended to read as follows: A residential program approved by the department of human services pursuant to this paragraph “c” to receive moneys appropriated to the department of human services under provisions of a federally approved home and community-based services waiver for persons with an intellectual disabilities disability may provide care to not more than five individuals. The department shall approve a residential program under this paragraph that complies with all of the following conditions: Sec. 35. Section 138.13, subsection 2, paragraph m, Code 2013, is amended to read as follows: m. When a camp is operated during a season requiring artificial heating, living quarters with a minimum of one hundred square feet per occupant shall be provided and such living quarters or shelters shall, also, be provided with properly installed heating equipment of adequate capacity to maintain a room temperature of at least 70 degrees F Fahrenheit . A stove or other source of heat shall be installed and vented in a manner to avoid both a fire hazard and a concentration of fumes or gas within such living quarters and shelters. In a room with wooden or combustible flooring, there shall be a concrete slab, metal sheet, or other fire-resistant material, on the floor under each stove, extending at least eighteen inches beyond the perimeter of the base of the stove. Any wall or ceiling not having a fire-resistant surface, within twenty-four inches of a stove or stovepipe, shall be protected by a metal sheet or other fire-resistant material. Heating appliances, other than electrical, shall be provided with a stovepipe or vent connected to the appliance and discharging to the outside air or chimney. The vent or chimney shall extend above the peak of the roof. Stovepipes shall be insulated with fire-resistant material where they pass through walls, ceilings, or floors. Sec. 36. Section 138.13, subsection 6, paragraph d, Code 2013, is amended to read as follows:

House File 417, p. 14 d. Every service building used during periods requiring artificial heating shall be provided with equipment capable of maintaining a room temperature of at least 70 degrees F Fahrenheit . Sec. 37. Section 144A.2, subsection 8, Code 2013, is amended to read as follows: 8. a. “Life-sustaining procedure” means any medical procedure, treatment, or intervention, including resuscitation, which meets both of the following requirements: a. (1) Utilizes mechanical or artificial means to sustain, restore, or supplant a spontaneous vital function. b. (2) When applied to a patient in a terminal condition, would serve only to prolong the dying process. b. “Life-sustaining procedure” does not include the provision of nutrition or hydration except when required to be provided parenterally or through intubation or the administration of medication or performance of any medical procedure deemed necessary to provide comfort care or to alleviate pain. Sec. 38. Section 163.26, Code 2013, is amended to read as follows: 163.26 Definition. For the purposes of this subchapter , “garbage” means putrescible animal and vegetable wastes resulting from the handling, preparation, cooking, and consumption of foods, including animal carcasses or parts. “Garbage” includes all waste material, by-products of a kitchen, restaurant, hotel, or slaughterhouse, every refuse accumulation of animal, fruit, or vegetable matter, liquids or otherwise, or grain not consumed, that is collected from hog sales pen floors in public stockyards. Animals or parts of animals, which are processed by slaughterhouses or rendering establishments, and which as part of the processing are heated to not less than 212 degrees F. Fahrenheit for thirty minutes, are not garbage for purposes of this chapter . Sec. 39. Section 176A.10, subsection 2, Code 2013, is amended to read as follows: 2. An extension council of an extension district may choose to be subject to the levy and revenue limits specified in subparagraphs (2) of subsection 1 , paragraphs “a” through “d” , and subsection 1 , paragraph “e” , for the purpose of the annual levy for the fiscal year commencing July 1, 1991, which levy is payable in the fiscal year beginning July 1, 1992.

House File 417, p. 15 Before an extension district may be subject to the levy and revenue limits specified in subparagraphs (2) of subsection 1 , paragraphs “a” through “d” , and subsection 1 , paragraph “e” , for fiscal years beginning on or after July 1, 1992, which levy is payable in fiscal years beginning on or after July 1, 1993, the question of whether the district shall be subject to the levy and revenue limits as specified in such paragraphs must be submitted to the registered voters of the district. The question shall be submitted at the time of a state general election. If the question is approved by a majority of those voting on the question the levy and revenue limits specified in subparagraphs (2) of subsection 1 , paragraphs “a” through “d” , and subsection 1 , paragraph “e” , shall thereafter apply to the extension district. The question need only be approved at one state general election. If a majority of those voting on the question vote against the question, the district may continue to submit the question at subsequent state general elections until approved. Sec. 40. Section 189A.11, Code 2013, is amended to read as follows: 189A.11 Access by inspectors —— acceptance by state agencies. 1. No A person shall not deny access to any authorized inspectors upon the presentation of proper identification at any reasonable time to establishments and to all parts of such premises for the purposes of making inspections under this chapter . 2. When meat has been inspected and approved by the department, such inspection will be equal to federal inspection and therefore may be accepted by state agencies and political subdivisions of the state and no other inspection can be required. 1. a. No An inspection of products placed in any container at any official establishment shall not be deemed to be complete until the products are sealed or enclosed therein under the supervision of an inspector. 2. b. For purposes of any inspection of products required by this chapter , inspectors authorized by the secretary shall have access at all times by day or night to every part of every establishment required to have inspection under this chapter , whether the establishment is operated or not. Sec. 41. Section 190.12, subsection 1, Code 2013, is amended to read as follows: 1. Frozen desserts and the pasteurized dairy ingredients

House File 417, p. 16 used in the manufacture thereof, shall comply with the following standards: ____________________________________________________________ Milk, cream, and fluid Temperature Storage at 45 degrees F Fahrenheit . dairy ingredient Bacterial limit 50,000 per milliliter Coliform limit 10 per milliliter ____________________________________________________________ Frozen dessert mixes, Temperature Storage at 45 degrees F Fahrenheit . frozen desserts (plain) Bacterial limit 50,000 per gram Coliform limit 10 per gram ____________________________________________________________ Dry dairy ingredient Extra grade or better as defined by U. S. Standards for grades for the particular product. ____________________________________________________________ Dry powder mix Bacterial limit 50,000 per gram Coliform limit 10 per gram ____________________________________________________________ Sec. 42. Section 203C.15, subsection 6, paragraph a, unnumbered paragraph 1, Code 2013, is amended to read as follows: The licensed warehouse operator may comply to with the demand by doing any of the following: Sec. 43. Section 230.15, Code 2013, is amended to read as follows: 230.15 Personal liability. 1. A person with mental illness and a person legally liable for the person’s support remain liable for the support of the person with mental illness as provided in this section . Persons legally liable for the support of a person with mental illness include the spouse of the person, any person bound by contract for support of the person, and, with respect to persons with mental illness under eighteen years of age only, the father and mother of the person. The county auditor, subject to the direction of the board of supervisors, shall enforce the obligation created in this section as to all sums advanced by the county. The liability to the county incurred by a person with mental illness or a person legally liable for the person’s support under this section is limited to an amount equal to one hundred percent of the cost of care and treatment

House File 417, p. 17 of the person with mental illness at a state mental health institute for one hundred twenty days of hospitalization. This limit of liability may be reached by payment of the cost of care and treatment of the person with mental illness subsequent to a single admission or multiple admissions to a state mental health institute or, if the person is not discharged as cured, subsequent to a single transfer or multiple transfers to a county care facility pursuant to section 227.11 . After reaching this limit of liability, a person with mental illness or a person legally liable for the person’s support is liable to the county for the care and treatment of the person with mental illness at a state mental health institute or, if transferred but not discharged as cured, at a county care facility in an amount not in excess of the average minimum cost of the maintenance of an individual who is physically and mentally healthy residing in the individual’s own home, which standard shall be established and may from time to time be revised by the department of human services. A lien imposed by section 230.25 shall not exceed the amount of the liability which may be incurred under this section on account of a person with mental illness. 2. A person with a substance-related disorder is legally liable for the total amount of the cost of providing care, maintenance, and treatment for the person with a substance-related disorder while a voluntary or committed patient. When a portion of the cost is paid by a county, the person with a substance-related disorder is legally liable to the county for the amount paid. The person with a substance-related disorder shall assign any claim for reimbursement under any contract of indemnity, by insurance or otherwise, providing for the person’s care, maintenance, and treatment in a state hospital to the state. Any payments received by the state from or on behalf of a person with a substance-related disorder shall be in part credited to the county in proportion to the share of the costs paid by the county. 3. Nothing in this section shall be construed to prevent a relative or other person from voluntarily paying the full actual cost or any portion of the care and treatment of any person with mental illness or a substance-related disorder as established by the department of human services. Sec. 44. Section 231D.3A, Code 2013, is amended to read as follows:

House File 417, p. 18 231D.3A Exception. An entity certified by the centers for Medicare and Medicaid services of the United States department of health and human services as a federal program of all-inclusive care for the elderly shall not be required to be certified as an adult day services program under this chapter . A program for of all-inclusive care for the elderly, as used in this section , shall not identify itself or hold itself out to be an adult day services program as defined in section 231D.1 . Sec. 45. Section 235.3, subsection 2, Code 2013, is amended to read as follows: 2. Make such reports and obtain and furnish such information from time to time as may be necessary to permit cooperation by the state division with the United States children’s bureau, the social security board administration , or any other federal agency which is now or may hereafter be charged with any duty regarding child care or child welfare services. Sec. 46. Section 235B.1, subsection 4, paragraph a, subparagraph (1), Code 2013, is amended to read as follows: (1) Advise the director of human services, the director of elder affairs the department on aging , the director of inspections and appeals, the director of public health, the director of the department of corrections, and the director of human rights regarding dependent adult abuse. Sec. 47. Section 235B.16A, subsection 4, Code 2013, is amended to read as follows: 4. The department of human services shall cooperate with the department on aging, the departments of elder affairs, inspections and appeals, public health, public safety, and workforce development, the civil rights commission, and other state and local agencies performing inspections or otherwise visiting residential settings where dependent adults live, to regularly provide training to the appropriate staff in the agencies concerning each agency’s procedures involving dependent adults, and to build awareness concerning dependent adults and reporting of dependent adult abuse. Sec. 48. Section 249A.4B, subsection 2, paragraph a, subparagraphs (29) and (41), Code 2013, are amended to read as follows: (29) The Iowa association of homes and services for the aging Leading age Iowa . (41) The Iowa dietetic association academy of nutrition and dietetics .

House File 417, p. 19 Sec. 49. Section 249A.12, subsection 3, paragraph b, Code 2013, is amended to read as follows: b. The state shall be responsible for all of the nonfederal share of medical assistance home and community-based services waivers for persons with an intellectual disabilities disability services provided to minors, and a county is not required to reimburse the department and shall not be billed for the nonfederal share of the costs of the services. Sec. 50. Section 249A.12, subsection 5, paragraph b, Code 2013, is amended to read as follows: b. The department of human services shall seek federal approval to amend the home and community-based services waiver for persons with an intellectual disabilities disability to include day habilitation services. Inclusion of day habilitation services in the waiver shall take effect upon receipt of federal approval. Sec. 51. Section 249A.26, subsection 4, Code 2013, is amended to read as follows: 4. The state shall pay for the entire nonfederal share of the costs for case management services provided to persons seventeen years of age or younger who are served in a home and community-based services waiver program under the medical assistance program for persons with an intellectual disabilities disability . Sec. 52. Section 249A.30, subsection 1, Code 2013, is amended to read as follows: 1. The base reimbursement rate for a provider of services under a medical assistance program home and community-based services waiver for persons with an intellectual disabilities disability shall be recalculated at least every three years to adjust for the changes in costs during the immediately preceding three-year period. Sec. 53. Section 249L.4, subsection 5, paragraph b, subparagraph (4), Code 2013, is amended to read as follows: (4) Each nursing facility shall submit to the department, information in a form as specified by the department and developed in cooperation with representatives of the Iowa caregivers association, the Iowa health care association, the leading age Iowa association of homes and services for the aging , and the AARP Iowa chapter, that demonstrates compliance by the nursing facility with the requirements for use of the rate adjustment increases and other reimbursements provided to nursing facilities through the quality assurance assessment.