Senate Study Bill 1227 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON SODDERS) A BILL FOR An Act relating to statutory corrections which may adjust 1 language to reflect current practices, insert earlier 2 omissions, delete redundancies and inaccuracies, delete 3 temporary language, resolve inconsistencies and conflicts, 4 update ongoing provisions, or remove ambiguities, and 5 including effective date and retroactive applicability 6 provisions. 7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 8 TLSB 2080SC (28) 86 lh/rj
S.F. _____ DIVISION I 1 MISCELLANEOUS CHANGES 2 Section 1. Section 8A.315, subsection 5, Code 2015, is 3 amended to read as follows: 4 5. Information on recycled content shall be requested on all 5 bids for paper products other than printing and writing paper 6 issued by the state and on other bids for products which could 7 have recycled content such as oil, plastic products, including 8 but not limited to compost materials, aggregate, solvents, 9 soybean-based inks, and rubber products. Except for purchases 10 of printing and writing paper made pursuant to subsection 2 , 11 paragraphs “c” and , “d” , and “e” , the department shall require 12 persons submitting bids for printing and writing paper to 13 certify that the printing and writing paper proposed complies 14 with the requirements referred to in subsection 2 , paragraph 15 “a” . 16 Sec. 2. Section 8A.504, subsection 2, paragraph b, Code 17 2015, is amended to read as follows: 18 b. Before setoff, the public agency shall obtain and forward 19 to the collection entity the full name and social security 20 number of the person liable to it the public agency or to whom 21 a claim is owing who is a natural person. If the person is 22 not a natural person, before setoff, the public agency shall 23 forward to the collection entity the information concerning the 24 person as the collection entity shall, by rule, require. The 25 collection entity shall cooperate with other public agencies in 26 the exchange of information relevant to the identification of 27 persons liable to or claimants of public agencies. However, 28 the collection entity shall provide only relevant information 29 required by a public agency. The information shall be held in 30 confidence and used for the purpose of setoff only. Section 31 422.72, subsection 1 , does not apply to this paragraph. 32 Sec. 3. Section 12B.10, subsection 5, paragraph a, 33 subparagraphs (6) and (7), Code 2015, are amended to read as 34 follows: 35 -1- LSB 2080SC (28) 86 lh/rj 1/ 140
S.F. _____ (6) An open-end management investment company registered 1 with the federal securities and exchange commission under the 2 federal Investment Company Act of 1940, 15 U.S.C. §80a §80a-1 , 3 and operated in accordance with 17 C.F.R. §270.2a-7. 4 (7) A joint investment trust organized pursuant to chapter 5 28E prior to and existing in good standing on the effective 6 date of this Act or a joint investment trust organized pursuant 7 to chapter 28E after April 28, 1992, provided that the joint 8 investment trust shall either be rated within the two highest 9 classifications by at least one of the standard rating services 10 approved by the superintendent of banking by rule adopted 11 pursuant to chapter 17A and operated in accordance with 17 12 C.F.R. §270.2a-7, or be registered with the federal securities 13 and exchange commission under the federal Investment Company 14 Act of 1940, 15 U.S.C. §80a §80a-1 , and operated in accordance 15 with 17 C.F.R. §270.2a-7. The manager or investment advisor of 16 the joint investment trust shall be registered with the federal 17 securities and exchange commission under the Investment Advisor 18 Act of 1940, 15 U.S.C. §80b §80b-1 . 19 Sec. 4. Section 12B.10, subsection 6, paragraph l, Code 20 2015, is amended to read as follows: 21 l. Investments in a qualified trust established pursuant 22 to governmental accounting standards board statement number 23 forty-three that is governed by a board of trustees of a joint 24 investment trust organized pursuant to chapter 28E and that is 25 registered with the federal securities and exchange commission 26 under the federal Investment Company Act of 1940, 15 U.S.C. 27 §80a §80a-1 . 28 Sec. 5. Section 12B.10C, subsection 2, Code 2015, is amended 29 to read as follows: 30 2. As used in this section , “public funds custodial 31 agreement” means any contractual arrangement pursuant to 32 which one or more persons, including but not limited to 33 investment advisors, investment companies, trustees, agents 34 and custodians, are authorized to act as a custodian of or to 35 -2- LSB 2080SC (28) 86 lh/rj 2/ 140
S.F. _____ designate another person to act as a custodian of public funds 1 or any security or document of ownership or title evidencing 2 public funds investments other than custodial agreements 3 between an open-end management investment company registered 4 with the federal securities and exchange commission under the 5 federal Investment Company Act of 1940, 15 U.S.C. §80a §80a-1 6 and a custodian bank. 7 Sec. 6. Section 13.2, subsection 1, paragraph p, Code 2015, 8 is amended to read as follows: 9 p. Submit a report by January 15 of each year to the 10 co-chairpersons and ranking members of the joint appropriations 11 subcommittee on the justice system, to the executive council, 12 and to the legislative services agency detailing the amount 13 of annual money receipts generated by each settlement or 14 judgment in excess of two hundred fifty thousand dollars 15 collected pursuant to legal proceedings under chapters 455B , 16 553 , and 714 . The report shall include the name of the 17 civil or criminal case involved, the court of jurisdiction, 18 the settlement amount, including the state’s share of the 19 settlement amount , the name of the fund in which the receipts 20 were deposited, and the planned use of the moneys. 21 Sec. 7. Section 13.32, subsection 1, paragraph a, 22 subparagraphs (1) and (2), Code 2015, are amended to read as 23 follows: 24 (1) A mission statement and table of organization of the 25 department of justice relating to the victim assistance grant 26 programs, a program summary , and statistics, including but not 27 limited to sources and uses of funds and the numbers of victims 28 served. 29 (2) An itemization of out-of-state travel expenses incurred 30 by an employee of the department of justice and an itemization 31 of such travel expenses paid to a contractor. 32 Sec. 8. Section 13C.1, Code 2015, is amended by adding the 33 following new unnumbered paragraph before subsection 1: 34 NEW UNNUMBERED PARAGRAPH . As used in this chapter, unless 35 -3- LSB 2080SC (28) 86 lh/rj 3/ 140
S.F. _____ the context otherwise requires: 1 Sec. 9. Section 15.105, subsection 1, paragraph a, 2 subparagraph (1), subparagraph division (a), Code 2015, is 3 amended to read as follows: 4 (a) Two members from each United States congressional 5 district established under section 40.1 in the state. 6 Sec. 10. Section 15.294, subsection 4, Code 2015, is amended 7 by striking the subsection. 8 Sec. 11. Section 15.333, subsection 2, unnumbered paragraph 9 1, Code 2015, is amended to read as follows: 10 For purposes of this subsection section , “new investment 11 directly related to new jobs created by the project” means the 12 cost of machinery and equipment, as defined in section 427A.1, 13 subsection 1 , paragraphs “e” and “j” , purchased for use in 14 the operation of the eligible business, the purchase price 15 of which has been depreciated in accordance with generally 16 accepted accounting principles, the purchase price of real 17 property and any buildings and structures located on the real 18 property, and the cost of improvements made to real property 19 which is used in the operation of the eligible business. “New 20 investment directly related to new jobs created by the project” 21 also means the annual base rent paid to a third-party developer 22 by an eligible business for a period not to exceed ten years, 23 provided the cumulative cost of the base rent payments for that 24 period does not exceed the cost of the land and the third-party 25 developer’s costs to build or renovate the building for the 26 eligible business. The eligible business shall enter into a 27 lease agreement with the third-party developer for a minimum 28 of five years. If, however, within five years of purchase, 29 the eligible business sells, disposes of, razes, or otherwise 30 renders unusable all or a part of the land, buildings, or other 31 existing structures for which tax credit was claimed under this 32 section , the tax liability of the eligible business for the 33 year in which all or part of the property is sold, disposed of, 34 razed, or otherwise rendered unusable shall be increased by one 35 -4- LSB 2080SC (28) 86 lh/rj 4/ 140
S.F. _____ of the following amounts: 1 Sec. 12. Section 16.1A, subsection 2, paragraph b, Code 2 2015, is amended to read as follows: 3 b. Programs established by the authority which the authority 4 finds useful and convenient to further goals of the authority 5 and which are consistent with the legislative findings. Such 6 programs shall be administered in accordance with section 16.4 7 subchapter III . Such additional programs shall be administered 8 in accordance with rules, if any, which the authority 9 determines useful and convenient to adopt pursuant to chapter 10 17A . 11 Sec. 13. Section 16.2A, Code 2015, is amended to read as 12 follows: 13 16.2A Title guaranty division —— board. 14 1. A title guaranty division is created within the 15 authority. The division may also be referred to as Iowa title 16 guaranty. The powers of the division relating to the issuance 17 of title guaranties are vested in and shall be exercised by a 18 title guaranty division board of five members appointed by the 19 governor subject to confirmation by the senate. The membership 20 of the title guaranty division board shall include an attorney, 21 an abstractor, a real estate broker, a representative of a 22 lending institution that engages in mortgage lending, and 23 a representative of the housing development industry. The 24 executive director of the authority shall appoint an attorney 25 as director of the title guaranty division, who shall serve 26 as an ex officio member of the title guaranty division board. 27 The appointment of and compensation for the division director 28 are exempt from the merit system provisions of chapter 8A, 29 subchapter IV . 30 2. Members of the title guaranty division board shall be 31 appointed by the governor for staggered terms of six years 32 beginning and ending as provided in section 69.19 . A person 33 shall not serve on the title guaranty division board while 34 serving on the authority board. A person appointed to fill 35 -5- LSB 2080SC (28) 86 lh/rj 5/ 140
S.F. _____ a vacancy shall serve only for the unexpired portion of the 1 term. A member is eligible for reappointment. A member of the 2 title guaranty division board may be removed from office by the 3 governor for misfeasance, malfeasance, or willful neglect of 4 duty or for other just cause, after notice and hearing, unless 5 notice and hearing is expressly waived in writing. 6 3. Three members of the title guaranty division board shall 7 constitute a quorum. An affirmative vote of a majority of the 8 appointed members is necessary for any substantive action taken 9 by the division. 10 4. Members of the title guaranty division board are entitled 11 to receive a per diem as specified in section 7E.6 for each 12 day spent in performance of duties as members and shall be 13 reimbursed for all actual and necessary expenses incurred in 14 the performance of duties as members. 15 5. Members of the title guaranty division board and the 16 executive director shall give bond as required for public 17 officers in chapter 64 . 18 6. Meetings of the title guaranty division board shall be 19 held at the call of the chair of the title guaranty division 20 board or on written request of two members. 21 7. Members shall elect a chair and vice chair annually and 22 other officers as they determine. The executive director shall 23 serve as secretary to the title guaranty division board. 24 8. The net earnings of the division, beyond that necessary 25 for reserves, backing, guaranties issued, or to otherwise 26 implement the public purposes and programs authorized, shall 27 not inure to the benefit of any person other than the state and 28 are subject to section 16.2, subsection 8 . 29 Sec. 14. Section 16.2B, subsection 3, paragraph b, Code 30 2015, is amended to read as follows: 31 b. Obtain agricultural assets transfer tax credits, 32 including by issuing tax credit certificates issued pursuant to 33 subchapter VIII, part 5 . 34 Sec. 15. Section 16.2D, subsection 1, Code 2015, is amended 35 -6- LSB 2080SC (28) 86 lh/rj 6/ 140
S.F. _____ to read as follows: 1 1. A council on homelessness is created consisting of 2 thirty-eight voting members. At all times, at least one voting 3 member at all times shall be a member of a minority group. 4 Sec. 16. Section 16.7, subsection 2, Code 2015, is amended 5 to read as follows: 6 2. The annual report shall contain at least three parts 7 which include all of the following: 8 a. A general description of the authority setting forth: 9 (1) Its operations Operations and accomplishments. 10 (2) Its receipts Receipts and expenditures during the 11 fiscal year, in accordance with the classifications it the 12 authority establishes for its operating and capital accounts. 13 (3) Its assets Assets and liabilities at the end of its 14 the fiscal year and the status of reserve, special, and other 15 funds. 16 (4) A schedule of its bonds and notes outstanding at the 17 end of its the fiscal year, together with a statement of the 18 amounts redeemed and issued during its the fiscal year. 19 (5) A statement of its proposed and projected activities. 20 (6) Recommendations to the general assembly, as it the 21 authority deems necessary. 22 (7) Performance goals of the authority, clearly indicating 23 the extent of progress during the reporting period in attaining 24 the goals. 25 b. A summary of housing programs administered under this 26 chapter . The summary shall include an analysis of current 27 housing needs in this state. Where possible, results shall be 28 expressed in terms of housing units. 29 c. A summary of agricultural development programs 30 administered under subchapter VIII . Where possible, findings 31 and results shall be expressed in terms of number of loans, tax 32 credits, participating qualified beginning farmers, and acres 33 of agricultural land, including by county. 34 Sec. 17. Section 16.16, subsection 3, Code 2015, is amended 35 -7- LSB 2080SC (28) 86 lh/rj 7/ 140
S.F. _____ to read as follows: 1 3. The treasurer of state shall not be subject to personal 2 liability resulting from carrying out the powers and duties 3 of the authority or the treasurer of state, as applicable, in 4 subchapter X, part 15 9 . 5 Sec. 18. Section 16.17, Code 2015, is amended to read as 6 follows: 7 16.17 Rules. 8 1. The authority shall adopt pursuant to chapter 17A all 9 rules necessary to administer this chapter . 10 2. The authority may adopt rules which establish by 11 rule further definitions applicable to this chapter , and 12 clarification of clarify the definitions in this chapter , as it 13 the authority deems convenient and necessary to carry out the 14 public purposes of this chapter including all the following: 15 a. Any rules necessary to assure eligibility for funds 16 available under federal housing laws, or to assure compliance 17 with federal tax laws relating to the issuance of tax exempt 18 bonds pursuant to the Internal Revenue Code or relating to the 19 allowance of low-income credits under Internal Revenue Code 20 §42. 21 b. Any rule as necessary to assure eligibility for funds, 22 insurance, or guaranties available under federal laws and to 23 carry out the public purposes of subchapter VIII . 24 3. The authority may adopt rules pursuant to chapter 17A 25 relating to the purchase and sale of residential mortgage loans 26 and the sale of mortgage-backed securities. 27 Sec. 19. Section 16.26, subsection 6, Code 2015, is amended 28 to read as follows: 29 6. The authority may issue negotiable bond anticipation 30 notes and may renew them from time to time but the maximum 31 maturity of the notes, including renewals, shall not exceed 32 ten years from the date of issue of the original notes. Bond 33 anticipation notes are payable from any available moneys of the 34 authority not otherwise pledged, or from the proceeds of the 35 -8- LSB 2080SC (28) 86 lh/rj 8/ 140
S.F. _____ sale of bonds of the authority in anticipation of which the 1 bond anticipation notes were issued. Bond anticipation notes 2 may be issued for any corporate purpose of the authority. Bond 3 anticipation notes shall be issued in the same manner as bonds 4 and bond anticipation notes, and the resolution authorizing 5 them may contain any provisions, conditions, or limitations, 6 not inconsistent with the provisions of this subsection , which 7 the bonds or a bond resolution of the authority may contain. 8 Bond anticipation notes may be sold at public or private sale. 9 In case of default on its bond anticipation notes or violation 10 of any obligations of the authority to the noteholders, the 11 noteholders shall have all the remedies provided in this 12 chapter for bondholders. Bond anticipation notes shall be as 13 fully negotiable as bonds of the authority. 14 Sec. 20. Section 16.27A, Code 2015, is amended to read as 15 follows: 16 16.27A Powers relating to loans. 17 Subject to any agreement with bondholders or noteholders, 18 the authority may renegotiate a mortgage or secured loan or 19 a loan to a lending institution in default, waive a default 20 or consent to the modification of the terms of a mortgage or 21 secured loan or a loan to a lending institution, forgive or 22 forbear all or part of a mortgage or secured loan or a loan to 23 a lending institution, and commence, prosecute, and enforce 24 a judgment in any action, including but not limited to a 25 foreclosure action, to protect or enforce any right conferred 26 upon it by law, mortgage or secured loan agreement, contract , 27 or other agreement, and in connection with any action, bid for 28 and purchase the property or acquire or take possession of it, 29 complete, administer, pay the principal of and interest on 30 any obligations incurred in connection with the property, and 31 dispose of and otherwise deal with the property in a manner the 32 authority deems advisable to protect its interests. 33 Sec. 21. Section 16.50, subsection 3, paragraph b, 34 subparagraph (1), Code 2015, is amended to read as follows: 35 -9- LSB 2080SC (28) 86 lh/rj 9/ 140
S.F. _____ (1) Projects that are eligible for historic preservation 1 and cultural and entertainment district tax credits under 2 section 404A.2 chapter 404A . 3 Sec. 22. Section 16.59, unnumbered paragraph 1, Code 2015, 4 is amended to read as follows: 5 A low or moderate net worth requirement To receive financing 6 as provided in this subchapter , applies to an individual, 7 partnership, family farm corporation, or family farm limited 8 liability company shall meet the applicable low or moderate 9 net worth requirements established in this section . The 10 requirement as applied that applies to each such person is 11 calculated determined as follows: 12 Sec. 23. Section 16.64, subsection 1, Code 2015, is amended 13 to read as follows: 14 1. An The authority shall publish a notice of intention 15 to issue bonds or notes. After sixty days from the date of 16 publication of the notice, an action shall not be brought 17 questioning the legality of any bonds or notes or the power of 18 the authority to issue any bonds or notes or to the legality 19 of any proceedings in connection with the authorization or 20 issuance of the bonds or notes after determination by the board 21 of the authority to proceed with the issuance of the bonds or 22 notes sixty days from the date of publication of the notice . 23 Sec. 24. Section 16.76, subsections 1 and 2, Code 2015, are 24 amended to read as follows: 25 1. As used in this section , “loan” includes but is 26 not limited to mortgage or secured loans; loans insured, 27 guaranteed, or otherwise secured by the federal government or 28 a federal governmental agency or instrumentality, or a state 29 agency or private mortgage insurers; and financing pursuant to 30 an installment contract or contract for purchase arrangement. 31 2. The authority may make loans , including but not limited 32 to mortgage or secured loans, or loans insured, guaranteed, 33 or otherwise secured by the federal government or a federal 34 governmental agency or instrumentality, or a state agency or 35 -10- LSB 2080SC (28) 86 lh/rj 10/ 140
S.F. _____ private mortgage insurers, to beginning farmers to provide 1 financing for agricultural land and agricultural improvements 2 or depreciable agricultural property. 3 Sec. 25. Section 16.78, subsection 1, Code 2015, is amended 4 to read as follows: 5 1. To every extent practicable, the authority shall 6 administer tax credits under the beginning farmer tax credit 7 program in a uniform manner that encourages participation by 8 qualified beginning farmers. The authority shall determine a 9 qualified beginning farmer’s low or moderate net worth by using 10 a single method applicable to all its programs as provided 11 under section 16.59 , including the beginning farmer tax credit 12 program. 13 Sec. 26. Section 16.92, subsection 1, paragraph d, Code 14 2015, is amended to read as follows: 15 d. “Division board” means the board of directors of the 16 title guaranty division of the Iowa finance authority. 17 Sec. 27. Section 17A.5, subsection 2, paragraph b, Code 18 2015, is amended to read as follows: 19 b. (1) Subject to applicable constitutional or statutory 20 provisions, a rule becomes effective immediately upon filing 21 with the administrative rules coordinator, or at a subsequent 22 stated date prior to indexing and publication, or at a stated 23 date less than thirty-five days after filing, indexing and 24 publication, if the agency finds: 25 (1) (a) That a statute so provides; 26 (2) (b) That the rule confers a benefit or removes a 27 restriction on the public or some segment thereof; or 28 (3) (c) That this effective date is necessary because of 29 imminent peril to the public health, safety or welfare. 30 (2) In any subsequent action contesting the effective date 31 of a rule promulgated under this paragraph “b” , the burden 32 of proof shall be on the agency to justify its finding. The 33 agency’s finding and a brief statement of the reasons therefor 34 shall be filed with and made a part of the rule. Prior to 35 -11- LSB 2080SC (28) 86 lh/rj 11/ 140
S.F. _____ indexing and publication, the agency shall make reasonable 1 efforts to make known to the persons who may be affected by it a 2 rule made effective under the terms of this paragraph “b” . 3 Sec. 28. Section 28M.7, subsections 2 and 3, Code 2015, are 4 amended to read as follows: 5 2. A regional transit district may disclose aggregate data 6 on user and customer transaction history and fare card use 7 to government governmental entities, organizations, school 8 districts, educational institutions, and employers that 9 subsidize or provide fare cards to their clients, students, or 10 employees. Government Governmental entities, organizations, 11 school districts, educational institutions, and employers may 12 use the aggregate data only for purposes of measuring and 13 promoting fare card use and evaluating the cost-effectiveness 14 of their fare card programs. The disclosure of nonaggregate 15 or personalized data on user and customer transaction history 16 and fare card use to government governmental entities, 17 organizations, school districts, educational institutions, and 18 employers shall be strictly prohibited. 19 3. A regional transit district may disclose data concerning 20 applicants, users, and customers collected by or through 21 personalized internet services or a fare collection system to 22 another government governmental entity to prevent a breach 23 of security regarding electronic systems maintained by the 24 regional transit district or the governmental entity, or 25 pursuant to a subpoena issued in connection with a civil or 26 criminal investigation. 27 Sec. 29. Section 29B.116, Code 2015, is amended to read as 28 follows: 29 29B.116 General article. 30 Subject to section 29B.116A , though Though not specifically 31 mentioned in this code , and subject to section 29B.116A , all 32 disorders and neglects to the prejudice of good order and 33 discipline in the state military forces and all conduct of 34 a nature to bring discredit upon the state military forces, 35 -12- LSB 2080SC (28) 86 lh/rj 12/ 140
S.F. _____ of which persons subject to this code may be guilty, shall 1 be taken cognizance of by a general, special, or summary 2 court-martial, according to the nature and degree of the 3 offense, and shall be punished at the discretion of that court. 4 Sec. 30. Section 29B.116B, Code 2015, is amended to read as 5 follows: 6 29B.116B Adjutant general report. 7 The adjutant general shall report annually, by January 15, 8 to the governor and to the chairpersons and ranking members 9 of the general assembly’s standing committees on veterans 10 affairs on the number of offenses described in section 11 29B.116A, subsection 1 , which have been reported to civilian 12 law enforcement authorities in the prior year, if such offenses 13 were committed by a member of the state military forces against 14 another member of the state military forces while both are 15 subject to this code. The report shall provide such numbers 16 by type of offense. 17 Sec. 31. Section 43.16, Code 2015, is amended to read as 18 follows: 19 43.16 Return of papers, additions not allowed. 20 1. After a nomination paper has been filed, it shall not 21 be returned to the person who has filed the paper, nor shall 22 any signature or other information be added to the nomination 23 paper. 24 2. a. A person who has filed nomination petitions with the 25 state commissioner may withdraw as a candidate not later than 26 the seventy-sixth day before the primary election by notifying 27 the state commissioner in writing. 28 b. A person who has filed nomination papers with the 29 commissioner may withdraw as a candidate not later than the 30 sixty-seventh day before the primary election by notifying the 31 commissioner in writing. 32 3. The name of a candidate who has withdrawn or died at a 33 time in accordance with this section on or before the final day 34 to withdraw as a candidate for that office shall be omitted 35 -13- LSB 2080SC (28) 86 lh/rj 13/ 140
S.F. _____ from the certificate furnished by the state commissioner under 1 section 43.22 and omitted from the primary election ballot. 2 Sec. 32. Section 68A.405, subsection 1, paragraph a, 3 subparagraph (3), Code 2015, is amended to read as follows: 4 (3) “Published material” means any newspaper, magazine, 5 shopper, outdoor advertising facility, poster, direct mailing, 6 brochure, internet site, campaign sign, or any other form of 7 printed or electronic general public political advertising. 8 “Published material” includes television, video, or motion 9 picture advertising. 10 Sec. 33. Section 80B.5, subsection 1, Code 2015, is amended 11 to read as follows: 12 1. The administration of this chapter shall be vested in 13 the office of the governor. Except for the director and deputy 14 director of the academy, the staff as may be necessary for it 15 the academy to function shall be employed pursuant to the Iowa 16 merit system. 17 Sec. 34. Section 96.9, subsection 6, Code 2015, is amended 18 to read as follows: 19 6. Management of funds in the event of discontinuance of 20 unemployment trust fund. The provisions of subsections 1, 2, 21 and 3 to the extent that they relate to the unemployment trust 22 fund shall be operative only so long as such unemployment 23 trust fund continues to exist and so long as the secretary 24 of the treasury of the United States continues to maintain 25 for this state a separate book account of all funds deposited 26 therein by this state for benefit purposes, together with 27 this state’s proportionate share of the earnings of such 28 unemployment trust fund, from which no other state is permitted 29 to make withdrawals. If and when such unemployment trust fund 30 ceases to exist, or such separate book account is no longer 31 maintained, all moneys, properties, or securities therein, 32 belonging to the unemployment compensation fund of this state 33 shall be transferred to the treasurer of the unemployment 34 compensation fund, who shall hold, invest, transfer, sell, 35 -14- LSB 2080SC (28) 86 lh/rj 14/ 140
S.F. _____ deposit, and release such moneys, properties, or securities 1 in a manner approved by the director, treasurer of state, 2 and governor, in accordance with the provisions of this 3 chapter : Provided , provided that such moneys shall be invested 4 in the following such readily marketable classes of securities ; 5 such securities as are authorized by the laws of the state of 6 Iowa for the investment of trust funds. The treasurer shall 7 dispose of securities and other properties belonging to the 8 unemployment compensation fund only under the direction of the 9 director, treasurer of state, and governor. 10 Sec. 35. Section 96.14, subsection 4, Code 2015, is amended 11 to read as follows: 12 4. Priorities under legal dissolutions or distributions. In 13 the event of any distribution of an employer’s assets 14 pursuant to an order of any court under the laws of this 15 state, including any receivership, assignment for benefit of 16 creditors, adjudicated insolvency, composition, or similar 17 proceeding, contributions then or thereafter due shall be 18 paid in full prior to all other claims except taxes and 19 claims for wages preferred as provided by statute. In the 20 event of an employer’s adjudication in bankruptcy, judicially 21 confirmed extension proposal, or composition, under the 22 federal Bankruptcy Act of 1898, as amended, contributions then 23 or thereafter due shall be entitled to such priority as is 24 provided in section 64 “a” of that Act [11 U.S.C. §104 “b” , as 25 amended] , 11 U.S.C. §507 . 26 Sec. 36. Section 96.20, subsection 2, paragraph b, Code 27 2015, is amended to read as follows: 28 b. Reimbursements so payable shall be deemed to be benefits 29 for the purposes of section 96.3, subsection 5 , paragraph “a” , 30 and section 96.9 , but no reimbursement so payable shall be 31 charged against any employer’s account for the purposes of 32 section 96.7 , unless wages so transferred are sufficient to 33 establish a valid claim in Iowa, and that such charges shall 34 not exceed the amount that would have been charged on the 35 -15- LSB 2080SC (28) 86 lh/rj 15/ 140
S.F. _____ basis of a valid claim. The department is hereby authorized 1 to make to other state or federal agencies and receive from 2 such other state or federal agencies, reimbursements from or 3 to the fund, in accordance with arrangements pursuant to this 4 section . The department shall participate in any arrangements 5 for the payment of compensation on the basis of combining 6 an individual’s wages and employment covered under this Act 7 chapter with the individual’s wages and employment covered 8 under the unemployment compensation laws of other states 9 which are approved by the United States secretary of labor in 10 consultation with the state unemployment compensation agencies 11 as reasonably calculated to assure the prompt and full payment 12 of compensation in such situations and which include provisions 13 for applying the base period of a single state law to a claim 14 involving the combining of an individual’s wages and employment 15 covered under two or more state unemployment compensation laws, 16 and avoiding the duplication use of wages and employment by 17 reason of such combining. 18 Sec. 37. Section 99.27, Code 2015, is amended to read as 19 follows: 20 99.27 Mulct tax. 21 When a permanent injunction issues against any person for 22 maintaining a nuisance as herein defined in section 99.1A , or 23 against any owner or agent of the building kept or used for the 24 purpose prohibited by this chapter , there shall be imposed upon 25 said building and the ground upon which the same is located and 26 against the person or persons maintaining said the nuisance and 27 the owner or agent of said the premises, a mulct tax of three 28 hundred dollars. The imposing of said the mulct tax shall be 29 made by the court as a part of the proceeding. 30 Sec. 38. Section 105.18, subsection 3, paragraph d, Code 31 2015, is amended to read as follows: 32 d. An individual that holds either a master or 33 journeyperson mechanical license or a master or journeyperson 34 HVAC-refrigeration license shall be exempt from having to 35 -16- LSB 2080SC (28) 86 lh/rj 16/ 140
S.F. _____ obtain a special electrician’s license pursuant to chapter 103 1 in order to perform disconnect and reconnect of existing air 2 conditioning and refrigeration systems. 3 Sec. 39. Section 123.5, Code 2015, is amended to read as 4 follows: 5 123.5 Alcoholic beverages commission created —— appointment 6 —— removal —— vacancies . 7 1. An alcoholic beverages commission is created within the 8 division. The commission is composed of five members, not more 9 than three of whom shall belong to the same political party. 10 2. Members shall be appointed by the governor, subject 11 to confirmation by the senate. Appointments shall be for 12 five-year staggered terms beginning and ending as provided by 13 section 69.19. A member may be reappointed for one additional 14 term. 15 3. Members of the commission shall be chosen on the basis 16 of managerial ability and experience as business executives. 17 Not more than two members of the commission may be the holder 18 of or have an interest in a permit or license to manufacture 19 alcoholic liquor, wine, or beer or to sell alcoholic liquor, 20 wine, or beer at wholesale or retail. 21 4. Any commission member shall be subject to removal for any 22 of the causes and in the manner provided by chapter 66 relating 23 to removal from office. Removal shall not be in lieu of any 24 other punishment that may be prescribed by the laws of this 25 state. 26 5. Any vacancy on the commission shall be filled in the 27 same manner as regular appointments are made for the unexpired 28 portion of the regular term. 29 Sec. 40. Section 123.11, Code 2015, is amended to read as 30 follows: 31 123.11 Expenses Compensation and expenses . 32 Members of the commission, the administrator, and other 33 employees of the division shall be allowed their actual and 34 necessary expenses while traveling on business of the division 35 -17- LSB 2080SC (28) 86 lh/rj 17/ 140
S.F. _____ outside of their place of residence, however, an itemized 1 account of such expenses shall be verified by the claimant 2 and approved by the administrator. If such account is paid, 3 the same shall be filed with the division and be and remain 4 a part of its permanent records. Each member appointed to 5 the commission is entitled to receive reimbursement of actual 6 expenses incurred while attending meetings. Each member of 7 the commission may also be eligible to receive compensation 8 as provided in section 7E.6. All expenses and salaries of 9 commission members, the administrator, and other employees 10 shall be paid from appropriations for such purposes and the 11 division shall be subject to the budget requirements of chapter 12 8 . 13 Sec. 41. Section 123.17, Code 2015, is amended to read as 14 follows: 15 123.17 Prohibition Prohibitions on commission members and 16 employees. 17 1. Commission members, officers, and employees of the 18 division shall not, while holding such office or position, hold 19 do any of the following: 20 a. Hold any other office or position under the laws of this 21 state, or any other state or territory or of the United States ; 22 nor engage . 23 b. Engage in any occupation, business, endeavor, or activity 24 which would or does conflict with their duties under this 25 chapter ; nor, directly . 26 c. Directly or indirectly, use their office or employment 27 to influence, persuade, or induce any other officer, employee, 28 or person to adopt their political views or to favor any 29 particular candidate for an elective or appointive public 30 office ; nor, directly . 31 d. Directly or indirectly, solicit or accept, in any manner 32 or way, any money or other thing of value for any person 33 seeking an elective or appointive public office, or to any 34 political party or any group of persons seeking to become a 35 -18- LSB 2080SC (28) 86 lh/rj 18/ 140
S.F. _____ political party. 1 2. Except as provided in section 123.5, subsection 3, a 2 commission member or division employee shall not, directly or 3 indirectly, individually, or as a member of a partnership or 4 shareholder in a corporation, have any interest in dealing 5 in or in the manufacture of alcoholic liquor, wine, or beer, 6 and shall not receive any kind of profit nor have any interest 7 in the purchase or sale of alcoholic liquor, wine, or beer 8 by persons so authorized under this chapter. However, this 9 subsection does not prohibit any member or employee from 10 lawfully purchasing and keeping alcoholic liquor, wine, or beer 11 in the member’s or employee’s possession for personal use. 12 3. Any officer or employee violating this section or any 13 other provisions of this chapter shall, in addition to any 14 other penalties provided by law, be subject to suspension or 15 discharge from employment. Any commission member shall, in 16 addition to any other penalties provided by law, be subject to 17 removal from office as provided by law chapter 66 . 18 Sec. 42. Section 123.45, Code 2015, is amended to read as 19 follows: 20 123.45 Limitations on business interests. 21 Except as provided in section 123.6 , a commission member 22 or division employee shall not, directly or indirectly, 23 individually, or as a member of a partnership or shareholder 24 in a corporation, have any interest in dealing in or in the 25 manufacture of alcoholic liquor, wine, or beer, and shall 26 not receive any kind of profit nor have any interest in the 27 purchase or sale of alcoholic liquor, wine, or beer by persons 28 so authorized under this chapter . However, this provision does 29 not prohibit any member or employee from lawfully purchasing 30 and keeping alcoholic liquor, wine, or beer in the member’s or 31 employee’s possession for personal use. 32 1. A person engaged in the business of manufacturing, 33 bottling, or wholesaling alcoholic beverages, wine, or beer, or 34 any jobber, representative, broker, employee, or agent of such 35 -19- LSB 2080SC (28) 86 lh/rj 19/ 140
S.F. _____ a person, shall not directly do any of the following: 1 a. Directly or indirectly supply, furnish, give, or pay for 2 any furnishings, fixtures, or equipment used in the storage, 3 handling, serving, or dispensing of alcoholic beverages, wine, 4 beer, or food within the place of business of a licensee or 5 permittee authorized under this chapter to sell at retail ; nor 6 shall the person directly . 7 b. Directly or indirectly extend any credit for alcoholic 8 beverages or beer or pay for any such license or permit , nor 9 directly . 10 c. Directly or indirectly be interested in the ownership, 11 conduct, or operation of the business of another licensee or 12 permittee authorized under this chapter to sell at retail , nor 13 hold . 14 d. Hold a retail liquor control license or retail wine or 15 beer permit. 16 2. However, a person engaged in the wholesaling of beer or 17 wine may sell only disposable glassware, which is constructed 18 of paper, paper laminated, or plastic materials and designed 19 primarily for personal consumption on a one-time usage 20 basis, to retailers for use within the premises of licensed 21 establishments, for an amount which is greater than or equal 22 to an amount which represents the greater of either the amount 23 paid for the disposable glassware by the supplier or the amount 24 paid for the disposable glassware by the wholesaler. Also, a 25 person engaged in the business of manufacturing beer may sell 26 beer at retail for consumption on or off the premises of the 27 manufacturing facility and, notwithstanding any other provision 28 of this chapter or the fact that a person is the holder of a 29 class “A” beer permit, may be granted not more than one class 30 “B” beer permit as defined in section 123.124 for that purpose. 31 3. A licensee or permittee who permits or assents to or is a 32 party in any way to a violation or infringement of this section 33 is guilty of a violation of this section . 34 Sec. 43. Section 123.70, Code 2015, is amended to read as 35 -20- LSB 2080SC (28) 86 lh/rj 20/ 140
S.F. _____ follows: 1 123.70 Injunction against bootlegger. 2 A bootlegger as defined in this chapter section 123.59 may 3 be restrained by injunction from doing or continuing to do any 4 of the acts prohibited herein, and all the proceedings for 5 injunctions, temporary and permanent, and for punishments for 6 violation of the same as prescribed herein, shall be applicable 7 to such person, and the fact that an offender has no known or 8 permanent place of business, or base of supplies, or quits the 9 business after the commencement of an action, shall not prevent 10 a temporary or permanent injunction, as the case may be, from 11 issuing. 12 Sec. 44. Section 123.83, Code 2015, is amended to read as 13 follows: 14 123.83 Method of trial. 15 The trial of an action filed pursuant to section 123.82 shall 16 be to the court and as in equity, and be governed by the same 17 rules of evidence as contempt proceedings. 18 Sec. 45. Section 123.84, Code 2015, is amended to read as 19 follows: 20 123.84 Judgment. 21 If the court after a hearing in an action filed pursuant to 22 section 123.82 finds a liquor, wine, or beer nuisance has been 23 maintained on the premises covered by the abatement bond and 24 that liquor, wine, or beer has been sold or kept for sale on the 25 premises contrary to law within one year from the date of the 26 giving of the bond, then the court shall order the forfeiture 27 of the bond and enter judgment for the full amount of the bond 28 against the principal and sureties on the bond , and the . The 29 lien on the real estate created pursuant to section 123.79 30 shall be decreed foreclosed and the court shall provide for a 31 special and general execution for the enforcement of the decree 32 and judgment. 33 Sec. 46. Section 123.85, Code 2015, is amended to read as 34 follows: 35 -21- LSB 2080SC (28) 86 lh/rj 21/ 140
S.F. _____ 123.85 Appeal. 1 Appeal from a judgment and decree entered pursuant to 2 section 123.84 may be taken as in equity cases and the cause be 3 triable de novo except that if the state appeals it need not 4 file an appeal or supersedeas bond. 5 Sec. 47. Section 123.88, Code 2015, is amended to read as 6 follows: 7 123.88 Evidence. 8 On the issue whether a party knew or ought to have known of 9 such a nuisance described under section 123.60 , evidence of the 10 general reputation of the place shall be admissible. 11 Sec. 48. Section 123.122, Code 2015, is amended to read as 12 follows: 13 123.122 Permit or license required. 14 A person shall not manufacture for sale or sell beer at 15 wholesale or retail unless a permit is first obtained as 16 provided in this division subchapter or, a liquor control 17 license authorizing the retail sale of beer is first obtained 18 as provided in division I of this chapter . A liquor control 19 license holder is not required to hold a separate class “B” 20 beer permit. 21 Sec. 49. Section 123.123, Code 2015, is amended to read as 22 follows: 23 123.123 Effect on liquor control licensees. 24 All applicable provisions of this division subchapter 25 relating to class “B” beer permits shall apply to liquor 26 control licensees in the purchasing, storage, handling, 27 serving, and sale of beer. 28 Sec. 50. Section 123.143, subsection 2, Code 2015, is 29 amended to read as follows: 30 2. All permit fees and taxes collected by the division under 31 this division subchapter shall accrue to the state general 32 fund, except as otherwise provided. 33 Sec. 51. Section 123.171, Code 2015, is amended to read as 34 follows: 35 -22- LSB 2080SC (28) 86 lh/rj 22/ 140
S.F. _____ 123.171 Wine certificate, permit, or license required. 1 A person shall not cause the manufacture, importation, 2 or sale of wine in this state unless a certificate or 3 permit as provided in this division subchapter , or a liquor 4 control license as provided in division subchapter I of this 5 chapter , is first obtained which authorizes that manufacture, 6 importation, or sale. 7 Sec. 52. Section 123.172, Code 2015, is amended to read as 8 follows: 9 123.172 Effect on liquor control licensees. 10 All applicable provisions of this division subchapter 11 relating to class “B” wine permits apply to liquor control 12 licensees in the purchasing, storage, handling, serving and 13 sale of wine. 14 Sec. 53. Section 124.401, subsection 5, unnumbered 15 paragraph 3, Code 2015, is amended by striking the section. 16 Sec. 54. Section 124D.4, subsection 6, Code 2015, is amended 17 to read as follows: 18 6. Card issuance —— department of transportation. The 19 department may enter into a chapter 28E agreement with the 20 department of transportation to facilitate the issuance of a 21 cannabidiol registration card cards pursuant to subsections 1 22 and 3 . 23 Sec. 55. Section 135.173A, subsections 1, 3, and 8, Code 24 2015, are amended to read as follows: 25 1. The early childhood Iowa council stakeholders alliance 26 shall establish a state child care advisory committee as part 27 of the council stakeholders alliance . The advisory committee 28 shall advise and make recommendations to the governor, general 29 assembly, department of human services, and other state 30 agencies concerning child care. 31 3. Except as otherwise provided, the voting members of 32 the advisory committee shall be appointed by the council 33 stakeholders alliance from a list of names submitted by a 34 nominating committee to consist of one member of the advisory 35 -23- LSB 2080SC (28) 86 lh/rj 23/ 140
S.F. _____ committee, one member of the department of human services’ 1 child care staff, three consumers of child care, and one member 2 of a professional child care organization. Two names shall be 3 submitted for each appointment. The voting members shall be 4 appointed for terms of three years. 5 8. The advisory committee shall coordinate with the early 6 childhood Iowa council stakeholders alliance its reporting 7 annually in December to the governor and general assembly 8 concerning the status of child care in the state, providing 9 findings, and making recommendations. The annual report may 10 be personally presented to the general assembly’s standing 11 committees on human resources by a representative of the 12 advisory committee. 13 Sec. 56. Section 135.173A, subsection 4, paragraphs n and q, 14 Code 2015, are amended to read as follows: 15 n. One designee of the community empowerment early childhood 16 office of the department of management. 17 q. One person who represents the early childhood Iowa 18 council stakeholders alliance . 19 Sec. 57. Section 135.173A, subsection 6, paragraph j, Code 20 2015, is amended to read as follows: 21 j. Advise and assist the early childhood Iowa council 22 stakeholders alliance in developing the strategic plan required 23 pursuant to section 135.173 256I.4, subsection 4 . 24 Sec. 58. Section 135C.33, subsection 2, paragraph b, 25 subparagraph (1), Code 2015, is amended to read as follows: 26 (1) If a person being considered for employment, other than 27 employment involving the operation of a motor vehicle, has 28 been convicted of a crime listed in subparagraph (2) but does 29 not have a record of founded child or dependent adult abuse 30 and the licensee has requested an evaluation in accordance 31 with paragraph “a” to determine whether the crime warrants 32 prohibition of the person’s employment, the licensee may employ 33 the person for not more than sixty calendar days pending 34 completion of the evaluation. 35 -24- LSB 2080SC (28) 86 lh/rj 24/ 140
S.F. _____ Sec. 59. Section 144.43, Code 2015, is amended to read as 1 follows: 2 144.43 Vital records closed to inspection —— exceptions. 3 1. To protect the integrity of vital statistics records, to 4 ensure their proper use, and to ensure the efficient and proper 5 administration of the vital statistics system kept by the state 6 registrar, access to vital statistics records kept by the state 7 registrar shall be limited to the state registrar and the 8 state registrar’s employees, and then only for administrative 9 purposes. 10 2. a. It shall be unlawful for the state registrar to 11 permit inspection of, or to disclose information contained in 12 vital statistics records, or to copy or permit to be copied all 13 or part of any such record except as authorized by regulation 14 rule . 15 b. 3. However, the following vital statistics records may 16 be inspected and copied as of right under chapter 22 when they 17 are in the custody of a county registrar or when they are in the 18 custody of the state archivist and are at least seventy-five 19 years old: 20 (1) a. A record of birth. 21 (2) b. A record of marriage. 22 (3) c. A record of divorce, dissolution of marriage, or 23 annulment of marriage. 24 (4) d. A record of death if that death was not a fetal 25 death. 26 3. 4. A public record shall not be withheld from the 27 public because it is combined with data processing software. 28 The state registrar shall not implement any electronic data 29 processing system for the storage, manipulation, or retrieval 30 of vital records that would impair a county registrar’s ability 31 to permit the examination of a public record and the copying of 32 a public record, as established by rule. If it is necessary to 33 separate a public record from data processing software in order 34 to permit the examination of the public record, the county 35 -25- LSB 2080SC (28) 86 lh/rj 25/ 140
S.F. _____ registrar shall periodically generate a written log available 1 for public inspection which contains the public record. 2 Sec. 60. Section 147.1, unnumbered paragraph 1, Code 2015, 3 is amended to read as follows: 4 For the purpose of this and the following chapters of this 5 subtitle: 6 Sec. 61. Section 147.86, Code 2015, is amended to read as 7 follows: 8 147.86 Penalties. 9 Any person violating any provision of this or the following 10 chapters of this subtitle, except insofar as the provisions 11 apply or relate to or affect the practice of pharmacy, or where 12 a specific penalty is otherwise provided, shall be guilty of 13 a serious misdemeanor. 14 Sec. 62. Section 157.1, subsection 27, Code 2015, is amended 15 to read as follows: 16 27. “School of cosmetology arts and sciences” means an 17 establishment licensed operated for the purpose of teaching 18 cosmetology arts and sciences. 19 Sec. 63. Section 159.1, subsections 1, 2, and 4, Code 2015, 20 are amended by striking the subsections. 21 Sec. 64. Section 172A.10, subsection 1, Code 2015, is 22 amended to read as follows: 23 1. If any person who is required by this chapter to be 24 licensed fails to obtain the required license, or if any person 25 who is required by this chapter to maintain proof of financial 26 responsibility fails to obtain or maintain such proof, or 27 if any licensee fails to discontinue engaging in licensed 28 activities when that person’s license has been suspended, such 29 failure shall be deemed a nuisance and the secretary may bring 30 an action on behalf of the state to enjoin such nuisance. Such 31 actions may be heard on not less than five days’ notice to the 32 person whose activities are sought to be enjoined. The failure 33 to obtain a license when required, or the failure to obtain or 34 maintain proof of financial responsibility shall constitute a 35 -26- LSB 2080SC (28) 86 lh/rj 26/ 140
S.F. _____ violation of this chapter . 1 Sec. 65. Section 197.1, Code 2015, is amended to read as 2 follows: 3 197.1 License. 4 1. Every person, partnership, or corporation engaged in 5 the business of buying for the market, poultry or domestic 6 fowls for the market from the producer thereof , shall obtain 7 a license from the department for each establishment at which 8 said business is conducted. 9 2. The word “producer” as herein used in this chapter shall 10 include anyone not a licensed dealer who has acquired such 11 poultry or domestic fowls other than through a licensed dealer. 12 Sec. 66. Section 198.7, subsection 1, paragraph f, Code 13 2015, is amended to read as follows: 14 f. If it is, or it bears or contains a new animal drug which 15 is unsafe within the meaning of the federal Food, Drug, and 16 Cosmetic Act, 21 U.S.C. §801 §360b et seq. 17 Sec. 67. Section 206.24, unnumbered paragraph 1, Code 2015, 18 is amended to read as follows: 19 A program of education and demonstration in the area of 20 the agricultural use of fertilizers and pesticides shall be 21 initiated by the secretary of agriculture on July 1, 1987 . 22 The secretary shall coordinate the activities of the state 23 regarding this program. 24 Sec. 68. Section 206.32, subsection 1, Code 2015, is amended 25 to read as follows: 26 1. A person shall not offer for sale, sell, purchase, apply, 27 or use chlordane in this state , on or after January 1, 1989 . 28 Sec. 69. Section 215.23, Code 2015, is amended to read as 29 follows: 30 215.23 Servicer’s license. 31 A servicer shall not install, service, or repair a 32 commercial weighing or and measuring device until the 33 servicer has demonstrated that the servicer has available 34 adequate testing equipment, and that the servicer possesses 35 -27- LSB 2080SC (28) 86 lh/rj 27/ 140
S.F. _____ a working knowledge of all devices the servicer intends to 1 install or repair and of all appropriate weights, measures, 2 statutes, and rules, as evidenced by passing a qualifying 3 examination to be conducted by the department and obtaining 4 a license. The secretary of agriculture shall establish by 5 rule pursuant to chapter 17A , requirements for and contents 6 of the examination. In determining these qualifications, the 7 secretary shall consider the specifications of the United 8 States national institute of standards and technology, handbook 9 44, “Specifications, tolerances, and technical requirements 10 for commercial weighing and measuring devices”, or the current 11 successor or equivalent specifications adopted by the United 12 States national institute of standards and technology. The 13 secretary shall require an annual license fee of not more than 14 five dollars for each license. Each license shall expire one 15 year from date of issuance. 16 Sec. 70. Section 215.24, Code 2015, is amended to read as 17 follows: 18 215.24 Rules. 19 The department of agriculture and land stewardship may 20 promulgate adopt rules pursuant to chapter 17A as necessary 21 to promptly and effectively enforce the provisions of this 22 chapter . 23 Sec. 71. Section 218.95, subsection 1, Code 2015, is amended 24 to read as follows: 25 1. For purposes of construing the provisions of this and the 26 following subtitles of this title and chapters 16 , 35B , 347B , 27 709A , 904 , 913 , and 914 relating to persons with mental illness 28 and reconciling these provisions with other former and present 29 provisions of statute, the following terms shall be considered 30 synonymous: 31 a. “Mentally ill” and “insane” , except that the 32 hospitalization or detention of any person for treatment 33 of mental illness shall not constitute a finding or create 34 a presumption that the individual is legally insane in the 35 -28- LSB 2080SC (28) 86 lh/rj 28/ 140
S.F. _____ absence of a finding of incompetence made pursuant to section 1 229.27 . 2 b. “Parole” and “convalescent leave” . 3 c. “Resident” and “patient” . 4 d. “Escape” and “depart without proper authorization” . 5 e. “Warrant” and “order of admission” . 6 f. “Escapee” and “patient” . 7 g. “Sane” and “in good mental health” . 8 h. “Asylum” and “hospital” . 9 i. “Commitment” and “admission” . 10 Sec. 72. Section 229.26, Code 2015, is amended to read as 11 follows: 12 229.26 Exclusive procedure for involuntary hospitalization. 13 Sections 229.6 through 229.19 constitute the exclusive 14 procedure for involuntary hospitalization of persons by reason 15 of serious mental impairment in this state, except that this 16 chapter does not negate the provisions of section 904.503 17 relating to transfer of prisoners with mental illness to state 18 hospitals for persons with mental illness and does not apply 19 to commitments of persons under chapter 812 or the rules of 20 criminal procedure, Iowa court rules, or negate the provisions 21 of section 232.51 relating to disposition of children with 22 mental illness or an intellectual disability . 23 Sec. 73. Section 230.11, Code 2015, is amended to read as 24 follows: 25 230.11 Recovery of costs from state. 26 Costs and expenses attending the taking into custody, 27 care, and investigation of a person who has been admitted 28 or committed to a state hospital, United States department 29 of veterans affairs hospital, or other agency of the United 30 States government, for persons with mental illness and who 31 has no residence in this state or whose residence is unknown, 32 including cost of commitment, if any, shall be paid as a state 33 case as approved by the administrator. The amount of the costs 34 and expenses approved by the administrator is appropriated 35 -29- LSB 2080SC (28) 86 lh/rj 29/ 140
S.F. _____ to the department from any money in the state treasury 1 not otherwise appropriated. Payment shall be made by the 2 department on itemized vouchers executed by the auditor of the 3 county which has paid them, and approved by the administrator. 4 Sec. 74. Section 231D.16, subsection 1, Code 2015, is 5 amended to read as follows: 6 1. Adult day services programs that are serving at least 7 two but not more than five persons and that are not voluntarily 8 accredited by a recognized accrediting entity prior to July 1, 9 2003, shall comply with this chapter by June 30, 2005 . 10 Sec. 75. Section 231E.13, Code 2015, is amended to read as 11 follows: 12 231E.13 Implementation. 13 Implementation of this chapter is subject to availability of 14 funding as determined by the department. The department shall 15 notify the Code editor upon implementation of this chapter . 16 Sec. 76. Section 232.46, subsection 1, paragraph a, 17 subparagraph (3), Code 2015, is amended to read as follows: 18 (3) The performance of a work assignment of value to the 19 state or to the public making restitution consisting of a 20 monetary payment to the victim or a work assignment directly 21 of value to the victim . 22 Sec. 77. Section 232.46, subsection 1, paragraph a, Code 23 2015, is amended by adding the following new subparagraph: 24 NEW SUBPARAGRAPH . (3A) Making restitution consisting of a 25 monetary payment to the victim or a work assignment directly 26 of value to the victim. 27 Sec. 78. Section 232.125, subsection 4, Code 2015, is 28 amended to read as follows: 29 4. The petition shall state all of the following: 30 a. The names and residences of the child . , and 31 b. The names and residences of the child’s living parents, 32 guardian, custodian, and guardian ad litem, if any . and the 33 c. The age of the child. 34 Sec. 79. Section 232.178, subsections 3 and 4, Code 2015, 35 -30- LSB 2080SC (28) 86 lh/rj 30/ 140
S.F. _____ are amended to read as follows: 1 3. The petition shall state all of the following: 2 a. The names and residence of the child . and the 3 b. The names and residence of the child’s living parents, 4 guardian, custodian, and guardian ad litem, if any . , and the 5 c. The age of the child. 6 4. The petition shall describe the all of the following: 7 a. The child’s emotional, physical, or intellectual 8 disability which requires care and treatment . ; the 9 b. The reasonable efforts to maintain the child in the 10 child’s home . ; the 11 c. The department’s request to the family of a child with 12 an intellectual disability, other developmental disability, or 13 organic mental illness to determine if any services or support 14 provided to the family will enable the family to continue to 15 care for the child in the child’s home . ; and the 16 d. The reason the child’s parent, guardian, or custodian has 17 requested a foster family care placement. 18 e. The petition shall also describe the commitment 19 of the parent, guardian, or custodian in fulfilling the 20 responsibilities defined in the case permanency plan . and how 21 f. How the placement will serve the child’s best interests. 22 Sec. 80. Section 235B.4, Code 2015, is amended to read as 23 follows: 24 235B.4 Legislative findings and purposes. 25 1. The general assembly finds and declares that a 26 central registry is required to provide a single source for 27 the statewide collection, maintenance, and dissemination 28 of dependent adult abuse information. Such a registry is 29 imperative for increased effectiveness in dealing with the 30 problem of dependent adult abuse. The general assembly also 31 finds that vigorous protection of rights of individual privacy 32 is an indispensable element of a fair and effective system of 33 collecting, maintaining, and disseminating dependent adult 34 abuse information. 35 -31- LSB 2080SC (28) 86 lh/rj 31/ 140
S.F. _____ 2. The purposes of this section and sections 235B.5 to 1 through 235B.13 are to facilitate the identification of 2 victims or potential victims of dependent adult abuse by making 3 available a single, statewide source of dependent adult abuse 4 data; to facilitate research on dependent adult abuse by making 5 available a single, statewide source of dependent adult abuse 6 data; and to provide maximum safeguards against the unwarranted 7 invasions of privacy which such a registry might otherwise 8 entail. 9 Sec. 81. Section 235F.1, subsection 12, Code 2015, is 10 amended to read as follows: 11 12. “Present danger of elder abuse” means a situation in 12 which the defendant has recently threatened the vulnerable 13 elder with initial or additional elder abuse, or the potential 14 exists for misappropriation, misuse, or removal of the funds, 15 benefits, property, resources, belongings, or assets of the 16 vulnerable elder combined with reasonable grounds to believe 17 that elder abuse is likely to occur. 18 Sec. 82. Section 235F.5, subsection 6, unnumbered paragraph 19 1, Code 2015, is amended to read as follows: 20 The showing At the hearing, the allegation of elder abuse may 21 be proven as required under subsection 1 may be made by , but is 22 not limited to the testimony at the hearing of, from any of the 23 following: 24 Sec. 83. Section 235F.6, subsection 3, Code 2015, is amended 25 to read as follows: 26 3. The court shall not use issue an order issued under this 27 section to do that does any of the following: 28 a. To allow Allows any person other than the vulnerable 29 elder to assume responsibility for the funds, benefits, 30 property, resources, belongings, or assets of the vulnerable 31 elder. 32 b. For Grants relief that is more appropriately obtained 33 in a protective proceeding filed under chapter 633 including 34 but not limited to giving control and management of the funds, 35 -32- LSB 2080SC (28) 86 lh/rj 32/ 140
S.F. _____ benefits, property, resources, belongings, or assets of the 1 vulnerable elder to a guardian, conservator, or attorney in 2 fact for any purpose other than the relief granted under 3 subsection 2 . 4 Sec. 84. Section 235F.8, subsection 2, Code 2015, is amended 5 to read as follows: 6 2. The plaintiff’s right to relief under this chapter is not 7 affected by the vulnerable elder leaving the vulnerable elder’s 8 home to avoid elder abuse. 9 Sec. 85. Section 237A.30, subsection 1, Code 2015, is 10 amended to read as follows: 11 1. The department shall work with the community empowerment 12 office of early childhood Iowa office in the department of 13 management established in section 28.3 256I.5 and the state 14 child care advisory committee in designing and implementing a 15 voluntary quality rating system for each provider type of child 16 care facility. 17 Sec. 86. Section 256.2, Code 2015, is amended by adding the 18 following new subsection: 19 NEW SUBSECTION . 5. “Telecommunications” means narrowcast 20 communications through systems that are directed toward 21 a narrowly defined audience and includes interactive live 22 communications. “Telecommunications” does not include online 23 learning. 24 Sec. 87. Section 256.7, subsection 7, paragraph d, Code 25 2015, is amended by striking the paragraph. 26 Sec. 88. Section 256B.2, subsection 1, paragraph a, Code 27 2015, is amended to read as follows: 28 a. “Children requiring special education” means persons under 29 twenty-one years of age, including children under five years of 30 age, who have a disability in obtaining an education because 31 of a head injury, autism, behavioral disorder, or physical, 32 mental, communication, or learning disability, as defined by 33 the rules of the department of education. If a child requiring 34 special education reaches “Children requiring special education” 35 -33- LSB 2080SC (28) 86 lh/rj 33/ 140
S.F. _____ includes children receiving special education services, who 1 reach the age of twenty-one during an academic year, the child 2 may and who elect to receive special education services until 3 the end of the academic year. 4 Sec. 89. Section 256F.2, subsection 2, Code 2015, is amended 5 by striking the subsection. 6 Sec. 90. Section 260C.58, subsection 2, Code 2015, is 7 amended to read as follows: 8 2. a. All bonds or notes issued under the provisions of 9 this subchapter shall be payable from and shall be secured by 10 an irrevocable first lien pledge of a sufficient portion of any 11 of the following: the 12 (1) The net rents, profits, and income derived from the 13 operation of residence halls, dormitories, dining or other 14 incidental facilities and additions, including necessary real 15 and personal property, acquired or improved in whole or in part 16 with the proceeds of such bonds or notes, regardless of the 17 manner of such acquisition or improvement . ; and the 18 (2) The net rents, profits, and income not pledged for other 19 purposes derived from the operation of any other residence 20 halls or dormitories, including dining or other incidental 21 facilities and additions, at the particular institution. 22 b. In addition, the board may secure any bonds or notes 23 issued by borrowing money, by mortgaging any real estate or 24 improvements erected on real estate, or by pledging rents, 25 profits, and income received from property for the discharge 26 of mortgages. All bonds or notes issued under the provisions 27 of this subchapter shall have all the qualities of negotiable 28 instruments under the laws of this state. 29 Sec. 91. Section 262.44, subsection 1, Code 2015, is amended 30 to read as follows: 31 1. Set aside and use portions of the respective campuses 32 of the institutions of higher education under its control, 33 namely, the state university of Iowa, the Iowa state university 34 of science and technology, and the university of northern 35 -34- LSB 2080SC (28) 86 lh/rj 34/ 140
S.F. _____ Iowa, as the board determines are suitable for the acquisition 1 or construction of self-liquidating and revenue producing 2 buildings and facilities which the board deems necessary for 3 the students and suitable for the purposes for which the 4 institutions were established including without limitation: 5 a. Student unions, recreational buildings, auditoriums, 6 stadiums, field houses, and athletic buildings and areas . , 7 parking 8 b. Parking structures and areas . , electric 9 c. Electric , heating, sewage treatment , and communication 10 utilities . , research 11 d. Research equipment . and additions 12 e. Additions to or alterations of existing buildings or 13 structures. 14 Sec. 92. Section 262.49, Code 2015, is amended to read as 15 follows: 16 262.49 No obligation against state. 17 No obligation created hereunder shall ever be or become 18 a charge against the state of Iowa but all such obligations, 19 including principal and interest, shall be payable solely from 20 any of the following : 21 1. From the The net rents, profits , and income arising from 22 the property so pledged or mortgaged , . 23 2. From the The net rents, profits, and income which has 24 not been pledged for other purposes arising from any similar 25 building, facility, area or improvement under the control and 26 management of said board , . 27 3. From the The fees or charges established by said 28 board for students attending the institution for the use or 29 availability of the building, structure, area, facility or 30 improvement for which the obligation was incurred , or . 31 4. From the The income derived from gifts and bequests made 32 to the institutions under the control of said board for such 33 purposes. 34 Sec. 93. Section 262.57, subsection 2, Code 2015, is amended 35 -35- LSB 2080SC (28) 86 lh/rj 35/ 140
S.F. _____ to read as follows: 1 2. All bonds or notes issued under the provision provisions 2 of this subchapter shall be payable solely and only from and 3 shall be secured by an irrevocable pledge of a sufficient 4 portion of the net rents, profits and income derived from the 5 operation of residence halls, dormitories, dining or other 6 incidental facilities and additions, including necessary real 7 and personal property, acquired or improved in whole or in part 8 with the proceeds of such bonds or notes, regardless of the 9 manner of such acquisition or improvement, and the net rents, 10 profits and income not pledged for other purposes derived from 11 the operation of any other residence halls or dormitories, 12 including dining or other incidental facilities and additions, 13 at the particular institution. All bonds or notes issued under 14 the provisions of this subchapter shall have all the qualities 15 of negotiable instruments under the laws of this state. 16 Sec. 94. Section 262A.2, subsection 7, Code 2015, is amended 17 to read as follows: 18 7. “Student fees and charges” shall mean all tuitions, fees 19 and charges for general or special purposes levied against 20 and collected from students attending the institutions except 21 rates, fees, rentals or charges imposed and collected under any 22 of the following provisions of (a) sections : 23 a. Sections 262.35 through 262.42 . , (b) sections 24 b. Sections 262.44 through 262.53 . , and (c) sections 25 c. Sections 262.55 through 262.66 . 26 Sec. 95. Section 263.8, Code 2015, is amended to read as 27 follows: 28 263.8 Reports —— tests. 29 1. Charges may be assessed for transportation of specimens 30 and cost of examination. Reports of epidemiological 31 examinations and investigations shall be sent to the 32 responsible agency. 33 2. In addition to its regular work, the state hygienic 34 laboratory shall perform without charge all bacteriological, 35 -36- LSB 2080SC (28) 86 lh/rj 36/ 140
S.F. _____ serological, and epidemiological examinations and 1 investigations which may be required by the Iowa department of 2 public health and said the department shall establish adopt 3 rules pursuant to chapter 17A therefor. The laboratory shall 4 also provide, those laboratory, scientific field measurement, 5 and environmental quality services which, by contract, are 6 requested by the other agencies of government. 7 3. The state hygienic laboratory is authorized to perform 8 such other laboratory determinations as may be requested by 9 any state institution, citizen, school, municipality or local 10 board of health, and the laboratory is authorized to charge 11 fees covering transportation of samples and the costs of 12 examinations performed upon their request. 13 Sec. 96. Section 303.4, subsection 1, paragraph b, Code 14 2015, is amended to read as follows: 15 b. The governor shall appoint one member from each of the 16 state’s congressional districts established under section 40.1 . 17 Sec. 97. Section 321.19, Code 2015, is amended to read as 18 follows: 19 321.19 Exemptions —— distinguishing plates —— definitions of 20 urban transit company and regional transit system. 21 1. a. The following vehicles are exempted from the payment 22 of the registration fees imposed by this chapter, except as 23 provided for urban transit companies in subsection 2, but are 24 not exempt from the penalties provided in this chapter: 25 (1) All vehicles owned or leased for a period of sixty 26 days or more by the government and used in the transaction of 27 official business by the representatives of foreign governments 28 or by officers, boards, or departments of the government of the 29 United States, and by the state, counties, municipalities and 30 other political subdivisions of the state including vehicles 31 used by an urban transit company operated by a municipality or 32 a regional transit system, and self-propelling vehicles used 33 neither for the conveyance of persons for hire, pleasure, or 34 business nor for the transportation of freight other than those 35 -37- LSB 2080SC (28) 86 lh/rj 37/ 140
S.F. _____ used by an urban transit company operated by a municipality or 1 a regional transit system . , all 2 (2) All fire trucks, providing they are not owned and 3 operated for a pecuniary profit . , and authorized 4 (3) Authorized emergency vehicles used only in disaster 5 relief owned and operated by an organization not operated 6 for pecuniary profit , are exempted from the payment of the 7 registration fees imposed by this chapter , except as provided 8 for urban transit companies in subsection 2 , but are not exempt 9 from the penalties provided in this chapter . 10 b. (1) The department shall furnish, on application, free 11 of charge, distinguishing plates for vehicles thus exempted, 12 which plates except plates on state patrol vehicles shall bear 13 the word “official” and the department shall keep a separate 14 record. 15 (2) Registration plates issued for state patrol vehicles, 16 except unmarked patrol vehicles, shall bear two red stars 17 on a yellow background, one before and one following the 18 registration number on the plate, which registration number 19 shall be the officer’s badge number. 20 (3) Registration plates issued for county sheriff’s patrol 21 vehicles shall display one seven-pointed gold star followed by 22 the letter “S” and the call number of the vehicle. However, 23 the 24 c. However, the director of the department of administrative 25 services or the director of transportation may order the 26 issuance of regular registration plates for any exempted 27 vehicle used by peace any of the following: 28 (1) Peace officers in the enforcement of the law . , persons 29 (2) Persons enforcing chapter 124 and other laws relating to 30 controlled substances . , persons 31 (3) Persons in the department of justice, the alcoholic 32 beverages division of the department of commerce, disease 33 investigators of the Iowa department of public health, the 34 department of inspections and appeals, and the department of 35 -38- LSB 2080SC (28) 86 lh/rj 38/ 140
S.F. _____ revenue, who are regularly assigned to conduct investigations 1 which cannot reasonably be conducted with a vehicle displaying 2 “official” state registration plates . , persons 3 (4) Persons in the Iowa lottery authority whose regularly 4 assigned duties relating to security or the carrying of 5 lottery tickets cannot reasonably be conducted with a vehicle 6 displaying “official” registration plates . , persons 7 (5) Persons in the economic development authority 8 who are regularly assigned duties relating to existing 9 industry expansion or business attraction, and mental health 10 professionals or health care professionals who provide off-site 11 or in-home medical or mental health services to clients of 12 publicly funded programs. 13 d. For purposes of sale of exempted vehicles, the exempted 14 governmental body, upon the sale of the exempted vehicle, may 15 issue for in-transit purposes a pasteboard card bearing the 16 words “Vehicle in Transit”, the name of the official body from 17 which the vehicle was purchased, together with the date of the 18 purchase plainly marked in at least one-inch letters, and other 19 information required by the department. The in-transit card is 20 valid for use only within forty-eight hours after the purchase 21 date as indicated on the bill of sale which shall be carried by 22 the driver. 23 2. a. “Urban transit company” means any person, firm, 24 corporation, company, or municipality which operates buses 25 or trolley cars or both, primarily upon the streets of 26 cities over well-defined routes between certain termini, for 27 the transportation of passengers for a uniform fare, and 28 which accepts for passengers all who present themselves for 29 transportation without discrimination up to the limit of the 30 capacity of each vehicle. Included are street railways, 31 plants, equipment, property, and rights, used and useful 32 in the transportation of passengers. Motor carriers and 33 interurbans subject to the jurisdiction of the state department 34 of transportation, and taxicabs, are not included. 35 -39- LSB 2080SC (28) 86 lh/rj 39/ 140
S.F. _____ b. The department, in accordance with subsection 1 , 1 shall furnish distinguishing plates for vehicles used by 2 urban transit companies operated by a municipality. No 3 other provision of law providing for the payment of taxes, 4 registration, or license fees for vehicles shall be applicable 5 to any bus, car, or vehicle for the transportation of 6 passengers owned and operated by any urban transit company. 7 c. Chapter 326 is not applicable to urban transit companies 8 or systems. 9 3. a. “Regional transit system” means a public transit 10 system serving one county or all or part of a multicounty area 11 whose boundaries correspond to the same boundaries as those of 12 the regional planning areas designated by the governor, except 13 as agreed upon by the department. Privately chartered bus 14 services and uses other than providing services that are open 15 and public on a shared ride basis shall not be construed to be a 16 regional transit system. 17 b. Each county board of supervisors within the region is 18 responsible for determining the service and funding within 19 its county. However, the administration and overhead support 20 services for the overall regional transit system shall be 21 consolidated into one existing or new agency to be mutually 22 agreed upon by the participating members. Privately chartered 23 bus services and uses other than providing services that are 24 open and public on a shared ride basis shall not be construed 25 to be a regional transit system. 26 Sec. 98. Section 321.34, subsection 20C, paragraphs a and c, 27 Code 2015, are amended to read as follows: 28 a. The department, in consultation with the adjutant 29 general, shall design combat infantryman badge, combat 30 action badge, combat action ribbon, air force combat action 31 medal, and combat medical badge distinguishing processed 32 emblems. Upon receipt of two hundred fifty orders for combat 33 infantryman badge, combat action badge, combat action ribbon, 34 air force combat action medal, or combat medical badge special 35 -40- LSB 2080SC (28) 86 lh/rj 40/ 140
S.F. _____ registration plates, accompanied by a start-up fee of twenty 1 dollars per order, the department shall begin issuing special 2 registration plates with the applicable distinguishing 3 processed emblem as provided in paragraphs “b” , “c” , and “d” . 4 The minimum order requirement shall apply separately to each of 5 the special registration plates created under this subsection . 6 c. Notwithstanding subsection 12 , paragraph “a” , an owner 7 who is approved for special registration plates under this 8 subsection shall be issued one set of special registration 9 plates with a combat infantryman badge, combat action badge, 10 combat action ribbon, air force combat action medal, and or 11 combat medical badge distinguishing processed emblem at no 12 charge. 13 Sec. 99. Section 321.34, subsection 27, paragraph a, Code 14 2015, is amended to read as follows: 15 a. An owner referred to in subsection 12 who served in the 16 armed forces of the United States and was discharged under 17 honorable conditions may, upon written application to the 18 department and upon presentation of satisfactory proof of 19 military service and discharge under honorable conditions, 20 order special registration plates bearing a distinguishing 21 processed emblem depicting the word “veteran” below an image 22 of the American flag. The application is subject to approval 23 by the department. The special plate fees collected by the 24 director under subsection 12 , paragraph “a” , from the annual 25 validation of letter-number designated United States veteran 26 plates, and subsection 12 , paragraph “c” , from the issuance 27 and annual validation of personalized United States veteran 28 plates, shall be paid monthly to the treasurer of state and 29 deposited in the road use tax fund. The treasurer of state 30 shall transfer monthly from the statutory allocations fund 31 created under section 321.145, subsection 2 , to the veterans 32 license fee fund created in section 35A.11 the amount of the 33 special fees collected under subsection 12 , paragraph “a” , in 34 the previous month for United States veteran plates. 35 -41- LSB 2080SC (28) 86 lh/rj 41/ 140
S.F. _____ Sec. 100. Section 321.59, Code 2015, is amended to read as 1 follows: 2 321.59 Issuance of certificate. 3 The department, upon granting any such an application made 4 as provided under section 321.58 , shall issue to the applicant 5 a certificate containing the applicant’s name and address and 6 the general distinguishing number assigned to the applicant. 7 Sec. 101. Section 321.154, Code 2015, is amended to read as 8 follows: 9 321.154 Reports by department. 10 The department, immediately upon receiving said the county 11 treasurer’s report under section 321.153 , shall also report to 12 the treasurer of state the amount so collected by such county 13 treasurer. 14 Sec. 102. Section 321.191, subsection 7, Code 2015, is 15 amended to read as follows: 16 7. Endorsements and removal of air brake restrictions. The 17 fee for a double/triple double or triple trailer endorsement, 18 tank vehicle endorsement, and hazardous materials endorsement 19 is five dollars for each endorsement. The fee for a passenger 20 endorsement or a school bus endorsement is ten dollars. The 21 fee for removal of an air brake restriction on a commercial 22 driver’s license is ten dollars. Fees imposed under this 23 subsection for endorsements or removal of restrictions are 24 valid for the period of the license. Upon renewal of a 25 commercial driver’s license, no fee is payable for retaining 26 endorsements or the removal of the air brake restriction for 27 those endorsements or restrictions which do not require the 28 taking of either a knowledge or a driving skills test for 29 renewal. 30 Sec. 103. Section 321.198, subsection 2, Code 2015, is 31 amended to read as follows: 32 2. The provisions of this section shall also apply to 33 the spouse and children, or ward of such military personnel 34 when such spouse, children, or ward are living with the above 35 -42- LSB 2080SC (28) 86 lh/rj 42/ 140
S.F. _____ described military personnel described in subsection 1 outside 1 of the state of Iowa and provided that such extension of 2 license does not exceed five years. 3 Sec. 104. Section 321.453, Code 2015, is amended to read as 4 follows: 5 321.453 Exceptions. 6 1. The Except as provided in sections 321.463, 321.471, and 7 321.474, the provisions of this chapter governing size, weight, 8 and load and the permit requirements of chapter 321E do not 9 apply to fire any of the following: 10 a. Fire apparatus . ; road 11 b. Road maintenance equipment owned by, under lease to, or 12 used in the performance of a contract with any state or local 13 authority . ; implements 14 c. Implements of husbandry when moved or moving upon a 15 highway that is not a portion of the interstate . ; or equipment 16 d. Equipment used primarily for construction of permanent 17 conservation practices on agricultural land when moved or 18 moving upon a highway that is not a portion of the interstate, 19 so long as the equipment is without payload and the movement 20 does not violate posted weight limitations on bridges , except 21 as provided in sections 321.463 , 321.471 , and 321.474 . 22 2. A vehicle that is carrying an implement of husbandry 23 or equipment used primarily for construction of permanent 24 conservation practices and is exempted from the permit 25 requirements under this section shall be equipped with an amber 26 flashing light visible from the rear. If the amber flashing 27 light is obstructed by the loaded implement or equipment, 28 the loaded implement or equipment shall also be equipped 29 with and display an amber flashing light. The vehicle shall 30 also be equipped with warning flags on that portion of the 31 vehicle which protrudes into oncoming traffic, and shall only 32 operate from thirty minutes prior to sunrise to thirty minutes 33 following sunset. 34 Sec. 105. Section 321A.39, subsection 1, Code 2015, is 35 -43- LSB 2080SC (28) 86 lh/rj 43/ 140
S.F. _____ amended to read as follows: 1 1. Whenever any dealer licensed under chapter 322 sells a 2 motor vehicle at retail and the transaction does not include 3 the sale of liability insurance coverage which will protect the 4 purchaser under the Iowa motor vehicle financial and safety 5 responsibility Act this chapter the purchase order or invoice 6 evidencing the transaction shall contain a statement in the 7 following form: 8 I understand that liability insurance coverage which would 9 protect me under the Iowa Motor Vehicle Financial and Safety 10 Responsibility Act , Iowa Code chapter 321A, IS NOT INCLUDED 11 in my purchase of the herein described motor vehicle. I have 12 received a copy of this statement. 13 .......... 14 (Purchaser’s signature) 15 Sec. 106. Section 321E.11, subsection 3, Code 2015, is 16 amended to read as follows: 17 3. Except as provided in section 321.457 , no movement under 18 permit shall be permitted on holidays, after 12:00 noon on days 19 preceding holidays and holiday weekends, or special events 20 when abnormally high traffic volumes can be expected. Such 21 restrictions shall not be applicable to urban transit systems 22 as defined in section 321.19, subsection 2 324A.1 . 23 Sec. 107. Section 321G.4, subsection 4, Code 2015, is 24 amended to read as follows: 25 4. Notwithstanding subsections 1 and 2 , a snowmobile 26 manufactured prior to 1984 may be registered as an antique 27 snowmobile for a one-time fee of twenty-five dollars, which 28 shall exempt the owner from annual registration and fee 29 requirements for that snowmobile. However, if ownership of an 30 antique snowmobile is transferred, the new owner shall register 31 the snowmobile and pay the one-time fee as required under this 32 subsection . A An antique snowmobile may be registered under 33 this section with only a signed bill of sale as evidence of 34 ownership. 35 -44- LSB 2080SC (28) 86 lh/rj 44/ 140
S.F. _____ Sec. 108. Section 331.508, subsection 5, Code 2015, is 1 amended to read as follows: 2 5. A permanent record book of the names and addresses of 3 persons receiving veteran assistance as provided in section 4 35B.10 . 5 Sec. 109. Section 358.21, Code 2015, is amended to read as 6 follows: 7 358.21 Debt limit —— borrowing —— bonds —— purposes. 8 1. a. Any sanitary district organized hereunder under this 9 chapter may borrow money for its corporate purposes, but shall 10 not become indebted in any manner or for any purpose to an 11 amount in the aggregate exceeding five percent on the value of 12 the taxable property within such district, to be ascertained by 13 the last state and county tax lists previous to the incurring 14 of such indebtedness. Indebtedness within this constitutional 15 limit shall not include the indebtedness of any other municipal 16 corporation located wholly or partly within the boundaries of 17 such sanitary district. 18 b. Subject only to this the debt limitation described in 19 paragraph “a” , any such sanitary district organized hereunder 20 under this chapter shall have and it is hereby vested with 21 all of the same powers to issue bonds, including both general 22 obligation and revenue bonds, which cities now or may hereafter 23 have under the laws of this state. In the application of 24 such laws to this chapter , the words used in any such laws 25 referring to municipal corporations or to cities shall be held 26 to include sanitary districts organized under this chapter , 27 the words “council” or “city council” shall be held to include 28 the board of trustees of a sanitary district; the words 29 “mayor” and “clerk” shall be held to include the president and 30 clerk of any such board of trustees or sanitary district; and 31 like construction shall be given to any other words in such 32 laws where required to permit the exercise of such powers by 33 sanitary districts. 34 2. Any and all bonds issued hereunder under the provisions 35 -45- LSB 2080SC (28) 86 lh/rj 45/ 140
S.F. _____ of this section shall be signed by the president of the board 1 of trustees and attested by the clerk, with the seal of the 2 district, if any, affixed, and interest coupons attached 3 thereto shall be attested by the signature of the clerk. 4 3. The proceeds of any bond issue made under the provisions 5 of this section shall be used only for the purpose of 6 acquiring, locating, laying out, establishing and construction 7 of drainage facilities, conduits, treatment plants, pumping 8 plants, works, ditches, channels and outlets of such capacity 9 and character as may be required for the treatment, carrying 10 off and disposal of the sewage and industrial wastes and other 11 drainage incidental thereto of such district, or to repair, 12 change, enlarge and add to such facilities as may be necessary 13 or proper to meet the requirements present and future for the 14 purposes aforesaid. Proceeds from such bond issue may also 15 be used for the payment of special assessment deficiencies. 16 Said bonds shall be payable in not more than forty annual 17 installments and with interest at a rate not exceeding that 18 permitted by chapter 74A , and shall be made payable at such 19 place and be of such form as the board of trustees shall by 20 resolution designate. Any sanitary district issuing bonds 21 as authorized in this section is hereby granted authority to 22 pledge the future avails of a tax levy to the payment of the 23 principal and interest of such bonds after the same come due, 24 and the power to impose and certify said levy is hereby granted 25 to the trustees of sanitary districts organized under the 26 provisions of this chapter . 27 Sec. 110. Section 359A.6, Code 2015, is amended to read as 28 follows: 29 359A.6 Default —— costs and fees collected. 30 If the erecting, rebuilding, or repairing of a fence is not 31 completed within thirty days from and after the time fixed 32 in the order, the board of township trustees acting as fence 33 viewers shall cause the fence to be erected, rebuilt, and 34 repaired, and the value thereof may be fixed by the fence 35 -46- LSB 2080SC (28) 86 lh/rj 46/ 140
S.F. _____ viewers , and unless . Unless the sum so fixed, together with 1 all fees of the fence viewers caused by such the default, is 2 paid to the county treasurer, within ten days after the same 3 full amount due is so ascertained ; , or when ordered to pay for 4 an existing fence, and the value thereof is fixed by the fence 5 viewers, and said the sum, together with the fees of the fence 6 viewers, remains unpaid by the party in default for ten days, 7 the fence viewers shall certify to the county treasurer the 8 full amount due from the party or parties in default, including 9 all fees and costs assessed by the fence viewers, together 10 with a description of the real estate owned by the party or 11 parties in default along or upon which the said fence exists , 12 and the . The county treasurer shall enter the same full amount 13 due upon the county system, and the amount shall be collected 14 in the same manner as ordinary taxes. Upon certification to 15 the county treasurer, the amount assessed shall be a lien on 16 the parcel until paid. 17 Sec. 111. Section 364.24, Code 2015, is amended to read as 18 follows: 19 364.24 Traffic light synchronization. 20 After July 1, 1992, all All cities with more than three 21 traffic lights within the corporate limits shall establish a 22 traffic light synchronization program for energy efficiency 23 in accordance with rules adopted by the state department of 24 transportation pursuant to chapter 17A . The state department 25 of transportation shall adopt rules required by this section 26 by July 1, 1990. This section does not require that a city 27 replace lighting, which has not completed its useful life, 28 in order to comply with the requirements of this section . 29 However, all lighting shall be replaced, whether or not it has 30 completed its useful life, by July 1, 2001. 31 Sec. 112. Section 388.11, Code 2015, is amended to read as 32 follows: 33 388.11 Liability within two miles. 34 A city or city utility providing water service within two 35 -47- LSB 2080SC (28) 86 lh/rj 47/ 140
S.F. _____ miles of the limits of the city shall not be liable for a claim 1 for failure to provide or maintain fire hydrants, facilities, 2 or an adequate supply of water or water pressure for fire 3 protection purposes in the area receiving water service if such 4 hydrants, facilities, or water are not intended to be used for 5 fire protection purposes. 6 Sec. 113. Section 403.9, subsection 1, Code 2015, is amended 7 to read as follows: 8 1. A municipality shall have power to periodically issue 9 bonds in its discretion to pay the costs of carrying out the 10 purposes and provisions of this chapter , including but not 11 limited to the payment of principal and interest upon any 12 advances for surveys and planning, and the payment of interest 13 on bonds, herein authorized, not to exceed three years from 14 the date the bonds are issued. The municipality shall have 15 power to issue refunding bonds for the payment or retirement 16 of such bonds previously issued by it the municipality . Said 17 bonds shall be payable solely from the income and proceeds of 18 the fund and portion of taxes referred to in section 403.19, 19 subsection 2, and revenues and other funds of the municipality 20 derived from or held in connection with the undertaking and 21 carrying out of urban renewal projects under this chapter . The 22 municipality may pledge to the payment of the bonds the fund 23 and portion of taxes referred to in section 403.19, subsection 24 2, and may further secure the bonds by a pledge of any loan, 25 grant, or contribution from the federal government or other 26 source in aid of any urban renewal projects of the municipality 27 under this chapter , or by a mortgage of any such urban renewal 28 projects, or any part thereof, title which is vested in the 29 municipality. 30 Sec. 114. Section 403.15, subsection 1, Code 2015, is 31 amended to read as follows: 32 1. There is hereby created in each municipality a public 33 body corporate and politic to be known as the “urban renewal 34 agency” of the municipality : Provided, that such . An urban 35 -48- LSB 2080SC (28) 86 lh/rj 48/ 140
S.F. _____ renewal agency shall not transact any business or exercise its 1 powers hereunder until or unless the local governing body has 2 made the finding prescribed in section 403.4 , and has elected 3 to have the urban renewal project powers exercised by an urban 4 renewal agency as provided in section 403.14 . 5 Sec. 115. Section 404.4, Code 2015, is amended to read as 6 follows: 7 404.4 Prior approval of eligibility. 8 1. A person may submit a proposal for an improvement 9 project to the governing body of the city or county to receive 10 prior approval for eligibility for a tax exemption on the 11 project. The governing body shall, by resolution, give its 12 prior approval for an improvement project if the project is 13 in conformance with the plan for revitalization developed by 14 the city or county. Such prior approval shall not entitle the 15 owner to exemption from taxation until the improvements have 16 been completed and found to be qualified real estate; however, 17 if the proposal is not approved, the person may submit an 18 amended proposal for the governing body to approve or reject. 19 2. An application shall be filed for each new exemption 20 claimed. The first application for an exemption shall be 21 filed by the owner of the property with the governing body 22 of the city or county in which the property is located by 23 February 1 of the assessment year for which the exemption 24 is first claimed, but not later than the year in which all 25 improvements included in the project are first assessed for 26 taxation, or the following two assessment years, in which case 27 the exemption is allowed for the total number of years in the 28 exemption schedule. However, upon the request of the owner at 29 any time, the governing body of the city or county provides by 30 resolution that the owner may file an application by February 31 1 of any other assessment year selected by the governing body 32 in which case the exemption is allowed for the number of years 33 remaining in the exemption schedule selected. The application 34 shall contain , but not be limited to , all of the following 35 -49- LSB 2080SC (28) 86 lh/rj 49/ 140
S.F. _____ information: 1 a. The nature of the improvement . , its 2 b. The cost , of the improvement project. 3 c. The estimated or actual date of completion . , the 4 d. The tenants that occupied the owner’s building on the 5 date the city or county adopted the resolution referred to in 6 section 404.2, subsection 1 . , and which 7 e. Which exemption in section 404.3 or in the different 8 schedule, if one has been adopted, will be elected. 9 3. The governing body of the city or county shall approve 10 the application, subject to review by the local assessor 11 pursuant to section 404.5 , if the project is in conformance 12 with the plan for revitalization developed by the city or 13 county, is located within a designated revitalization area, 14 and if the improvements were made during the time the area 15 was so designated. The governing body of the city or county 16 shall forward for review all approved applications to the 17 appropriate local assessor by March 1 of each year with a 18 statement indicating whether section 404.3, subsection 1, 2, 19 3 or 4 applies or if a different schedule has been adopted, 20 which exemption from that schedule applies. Applications for 21 exemption for succeeding years on approved projects shall not 22 be required. 23 Sec. 116. Section 422.11D, Code 2015, is amended to read as 24 follows: 25 422.11D Historic preservation and cultural and entertainment 26 district tax credit. 27 The taxes imposed under this division , less the credits 28 allowed under section 422.12 , shall be reduced by a historic 29 preservation and cultural and entertainment district tax credit 30 allowed under section 404A.2 chapter 404A . 31 Sec. 117. Section 422.11L, subsection 1, paragraph a, Code 32 2015, is amended to read as follows: 33 a. Sixty percent of the federal residential energy efficient 34 property credit related to solar energy provided in section 35 -50- LSB 2080SC (28) 86 lh/rj 50/ 140
S.F. _____ 25E(a)(1) 25D(a)(1) and section 25D(a)(2) of the Internal 1 Revenue Code, not to exceed five thousand dollars. 2 Sec. 118. Section 422.33, subsection 10, Code 2015, is 3 amended to read as follows: 4 10. The taxes imposed under this division shall be reduced 5 by a historic preservation and cultural and entertainment 6 district tax credit allowed under section 404A.2 chapter 404A . 7 Sec. 119. Section 422.60, subsection 4, Code 2015, is 8 amended to read as follows: 9 4. The taxes imposed under this division shall be reduced by 10 a historic preservation and cultural and entertainment district 11 tax credit allowed under section 404A.2 chapter 404A . 12 Sec. 120. Section 423.3, subsection 26A, Code 2015, is 13 amended to read as follows: 14 26A. a. The sales price of reagents and related accessory 15 equipment to a regional blood testing facility if all of the 16 following conditions are met: 17 (1) a. The regional blood testing facility is registered by 18 the federal food and drug administration. 19 (2) b. The regional blood testing facility performs donor 20 testing for other blood centers. 21 (3) c. The regional blood testing facility is located in 22 this state on or before January 1, 2011. 23 b. This subsection is repealed if a regional blood testing 24 facility is not located in this state on or before January 1, 25 2011. 26 Sec. 121. Section 423.30, Code 2015, is amended to read as 27 follows: 28 423.30 Foreign sellers not registered under the agreement. 29 1. The director may, upon application, authorize the 30 collection of the use tax by any seller who is a retailer not 31 maintaining a place of business within this state and not 32 registered under the agreement, who, to the satisfaction of 33 the director, furnishes adequate security to ensure collection 34 and payment of the tax. Such sellers shall be issued, without 35 -51- LSB 2080SC (28) 86 lh/rj 51/ 140
S.F. _____ charge, permits to collect tax subject to any regulations which 1 the director shall prescribe. When so authorized, it shall 2 be the duty of foreign sellers to collect the tax upon all 3 tangible personal property sold, to the retailer’s knowledge, 4 for use within this state, in the same manner and subject to 5 the same requirements as a retailer maintaining a place of 6 business within this state. The authority and permit may be 7 canceled when, at any time, the director considers the security 8 inadequate, or that tax can more effectively be collected from 9 the person using property in this state. 10 2. The discretionary power granted in this 11 section subsection 1 is extended to apply in the case of foreign 12 retailers furnishing services enumerated in section 423.2 . 13 Sec. 122. Section 432.12A, Code 2015, is amended to read as 14 follows: 15 432.12A Historic preservation and cultural and entertainment 16 district tax credit. 17 The taxes imposed under this chapter shall be reduced by a 18 historic preservation and cultural and entertainment district 19 tax credit allowed under section 404A.2 chapter 404A . 20 Sec. 123. Section 445.37, subsection 1, paragraph b, Code 21 2015, is amended to read as follows: 22 b. However Notwithstanding paragraph “a” , if there is a 23 delay in the delivery of the tax list referred to in chapter 24 443 to the county treasurer, the amount of ad valorem taxes 25 and manufactured or mobile home taxes due shall become 26 delinquent thirty days after the date of delivery or on the 27 delinquent date of the first installment, whichever date 28 occurs later. The delay shall not affect the due dates for 29 special assessments and rates or charges. The delinquent 30 date for special assessments and rates or charges is the 31 same as the first installment delinquent date for ad valorem 32 taxes, including any extension, in absence of a statute to the 33 contrary. 34 Sec. 124. Section 452A.3, subsection 3, Code 2015, is 35 -52- LSB 2080SC (28) 86 lh/rj 52/ 140
S.F. _____ amended to read as follows: 1 3. An excise tax of seventeen cents is imposed on each 2 gallon of E-85 gasoline as defined in section 214A.1 , subject 3 to the determination provided in subsection 4. 4 Sec. 125. Section 452A.8, subsection 1, unnumbered 5 paragraph 1, Code 2015, is amended to read as follows: 6 For the purpose of determining the amount of the supplier’s, 7 restrictive supplier’s, or importer’s tax liability, a supplier 8 or restrictive supplier shall file a return , not later than 9 the last day of the month following the month in which this 10 division becomes effective and not later than the last day of 11 each calendar month thereafter, and an importer shall file a 12 return semimonthly with the department, signed under penalty 13 for false certification. For an importer for the reporting 14 period from the first day of the month through the fifteenth of 15 the month, the return is due on the last day of the month. For 16 an importer for the reporting period from the sixteenth of the 17 month through the last day of the month, the return is due on 18 the fifteenth day of the following month. The returns shall 19 include the following: 20 Sec. 126. Section 452A.8, subsection 2, paragraph e, 21 subparagraph (2), Code 2015, is amended to read as follows: 22 (2) The tax for compressed natural gas, liquefied natural 23 gas, and liquefied petroleum gas delivered by a licensed 24 dealer for use in this state shall attach at the time of 25 the delivery and shall be collected by the dealer from the 26 consumer purchaser and paid to the department as provided in 27 this chapter . The tax, with respect to compressed natural gas, 28 liquefied natural gas, and liquefied petroleum gas acquired by 29 a consumer purchaser in any manner other than by delivery by 30 a licensed dealer into a fuel supply tank of a motor vehicle, 31 attaches at the time of the use of the fuel and shall be paid 32 over to the department by the consumer purchaser as provided in 33 this chapter . 34 Sec. 127. Section 452A.8, subsection 2, paragraph e, 35 -53- LSB 2080SC (28) 86 lh/rj 53/ 140
S.F. _____ subparagraph (3), Code 2015, is amended to read as follows: 1 (3) The department shall adopt rules governing the 2 dispensing of compressed natural gas, liquefied natural gas, 3 and liquefied petroleum gas by licensed dealers and licensed 4 users. The director may require by rule that reports and 5 returns be filed by electronic transmission. The department 6 shall require that all pumps located at dealer locations and 7 user locations through which liquefied petroleum gas can be 8 dispensed shall be metered, inspected, tested for accuracy, and 9 sealed and licensed by the department of agriculture and land 10 stewardship, and that fuel delivered into the fuel supply tank 11 of any motor vehicle shall be dispensed only through tested 12 metered pumps and may be sold without temperature correction 13 or corrected to a temperature of 60 degrees Fahrenheit . If 14 the metered gallonage is to be temperature-corrected, only a 15 temperature-compensated meter shall be used. Natural gas used 16 as fuel shall be delivered into compressing equipment through 17 sealed meters certified for accuracy by the department of 18 agriculture and land stewardship. 19 Sec. 128. Section 452A.8, subsection 2, paragraph e, 20 subparagraph (5), subparagraph division (a), Code 2015, is 21 amended to read as follows: 22 (a) For the purpose of determining the amount of liability 23 for fuel tax, each dealer and each user shall file with the 24 department not later than the last day of the month following 25 the month in which this division becomes effective and not 26 later than the last day of each calendar month thereafter 27 a monthly tax return certified under penalties for false 28 certification. The return shall show, with reference to each 29 location at which fuel is delivered or placed by the dealer or 30 user into a fuel supply tank of any motor vehicle during the 31 next preceding calendar month, information as required by the 32 department. 33 Sec. 129. Section 452A.62, subsection 1, paragraph a, 34 subparagraph (2), Code 2015, is amended to read as follows: 35 -54- LSB 2080SC (28) 86 lh/rj 54/ 140
S.F. _____ (2) A licensed compressed natural gas, liquefied natural 1 gas, or liquefied petroleum gas dealer, user, or person 2 supplying compressed natural gas , liquefied natural gas, or 3 liquefied petroleum gas to a licensed compressed natural gas, 4 liquefied natural gas, or liquefied petroleum gas dealer or 5 user. 6 Sec. 130. Section 452A.74, subsection 2, Code 2015, is 7 amended to read as follows: 8 2. Any delivery of compressed natural gas, liquefied 9 natural gas, or liquefied petroleum gas to a compressed natural 10 gas, liquefied natural gas, or liquefied petroleum gas dealer 11 or user for the purpose of evading the state tax on compressed 12 natural gas, liquefied natural gas, or liquefied petroleum gas, 13 into facilities other than those licensed above under this 14 chapter knowing that the fuel will be used for highway use 15 shall constitute a violation of this section . Any compressed 16 natural gas, liquefied natural gas, or liquefied petroleum 17 gas dealer or user for purposes of evading the state tax on 18 compressed natural gas, liquefied natural gas, or liquefied 19 petroleum gas, who allows a distributor to place compressed 20 natural gas, liquefied natural gas, or liquefied petroleum gas 21 for highway use in facilities other than those licensed above 22 under this chapter , shall also be deemed in violation of this 23 section . 24 Sec. 131. Section 455B.133, subsection 4, paragraph b, Code 25 2015, is amended by striking the paragraph. 26 Sec. 132. Section 455B.198, subsection 1, unnumbered 27 paragraph 1, Code 2015, is amended to read as follows: 28 The commission shall adopt rules pursuant to chapter 29 17A to regulate the discharge of wastewater from water well 30 drilling sites. The rules shall incorporate the following 31 considerations: 32 Sec. 133. Section 455B.198, subsection 4, Code 2015, is 33 amended by striking the subsection. 34 Sec. 134. Section 455D.11A, subsection 5, paragraph a, Code 35 -55- LSB 2080SC (28) 86 lh/rj 55/ 140
S.F. _____ 2015, is amended to read as follows: 1 a. For a waste tire collection or processing site, the 2 financial assurance instrument for a waste tire collection 3 site shall provide coverage in an amount which is equivalent 4 to thirty-five cents per passenger tire equivalent collected 5 by the site prior to July 1, 1998. The financial assurance 6 instrument for a waste tire processing site shall provide 7 coverage in an amount which is equivalent to thirty-five cents 8 per passenger tire equivalent collected for processing by the 9 site which is above the three-day processing supply of tires 10 for the site as determined by the department. This paragraph 11 shall take effect July 1, 1999. 12 Sec. 135. Section 455D.11A, subsection 8, Code 2015, is 13 amended by striking the subsection. 14 Sec. 136. Section 455D.19, subsection 6, Code 2015, is 15 amended to read as follows: 16 6. a. By July 1, 1992, a A manufacturer or distributor 17 of packaging or packaging components shall make available 18 to purchasers, to the department, and to the general public 19 upon request, certificates of compliance which state that 20 the manufacturer’s or distributor’s packaging or packaging 21 components comply with, or are exempt from, the requirements of 22 this section . 23 b. If the manufacturer or distributor of the package or 24 packaging component reformulates or creates a new package or 25 packaging component, the manufacturer or distributor shall 26 provide an amended or new certificate of compliance for the 27 reformulated or new package or packaging component. 28 Sec. 137. Section 455E.11, subsection 2, paragraph b, 29 subparagraph (3), subparagraph division (b), subparagraph 30 subdivision (i), Code 2015, is amended to read as follows: 31 (i) A county applying for grants under this subparagraph 32 division shall submit only one application. To be eligible 33 for a grant, a county must have adopted standards for private 34 water supply and private disposal facilities at least as 35 -56- LSB 2080SC (28) 86 lh/rj 56/ 140
S.F. _____ stringent as the standards adopted by the commission. During 1 each fiscal year, the amount granted each eligible applicant 2 shall be the total funds available divided by the number of 3 eligible counties applying. Upon receipt of the grant, the 4 county may apply the funds to any one or more of the above three 5 county-based programs for the testing of private rural water 6 supply wells, private rural water supply well sealing, and the 7 proper closure of private rural abandoned wells and cisterns . 8 Sec. 138. Section 456A.16, Code 2015, is amended to read as 9 follows: 10 456A.16 Income tax refund checkoff for fish and game 11 protection fund. 12 1. A person who files an individual or a joint income tax 13 return with the department of revenue under section 422.13 14 may designate any amount to be paid to the state fish and 15 game protection fund. If the refund due on the return or the 16 payment remitted with the return is insufficient to pay the 17 additional amount designated by the taxpayer to the state 18 fish and game protection fund, the amount designated shall be 19 reduced to the remaining amount of refund or the remaining 20 amount remitted with the return. 21 2. The revenues received shall be used within the state 22 of Iowa for habitat development and shall be deposited in the 23 state fish and game protection fund. The revenue may be used 24 for the matching of federal funds. The revenues and matched 25 federal funds may be used for acquisition of land, leasing of 26 land or obtaining of easements from willing sellers for use of 27 land as wildlife habitats for game and nongame species. Not 28 less than fifty percent of the funds derived from the checkoff 29 shall be used for the purposes of preserving, protecting, 30 perpetuating and enhancing nongame wildlife in this state. 31 Nongame wildlife includes those animal species which are 32 endangered, threatened or not commonly pursued or killed either 33 for sport or profit. Notwithstanding the exemption in section 34 427.1 , the land acquired with the revenues and matched federal 35 -57- LSB 2080SC (28) 86 lh/rj 57/ 140
S.F. _____ funds is subject to the full consolidated levy of property 1 taxes which shall be paid from those revenues. In addition 2 the revenues may be used for the development and enhancement 3 of wildlife lands and habitat areas and for research and 4 management necessary to qualify for federal funds. 5 3. The director of revenue shall draft the income tax form 6 to allow the designation of contributions to the state fish and 7 game protection fund on the tax return. 8 4. The department of revenue on or before January 31 of 9 the year following the preceding calendar year shall certify 10 the total amount designated on the tax return forms due in the 11 preceding calendar year and shall report the amount to the 12 state treasurer. The state treasurer shall credit the amount 13 to the state fish and game protection fund. 14 5. The general assembly shall appropriate annually from 15 the state fish and game protection fund the amount credited to 16 the fund from the checkoff to the department for the purposes 17 specified in this section . 18 6. The action taken by a person for the checkoff is 19 irrevocable. 20 7. The department shall adopt rules pursuant to chapter 17A 21 to implement this section . However, before a checkoff pursuant 22 to this section shall be permitted, all liabilities on the 23 books of the department of administrative services and accounts 24 identified as owing under section 8A.504 and the political 25 contribution allowed under section 68A.601 shall be satisfied. 26 Sec. 139. Section 456A.27, Code 2015, is amended to read as 27 follows: 28 456A.27 Federal wildlife Act —— assent. 29 The state of Iowa assents to the provisions of the Act of 30 Congress entitled “An Act To Provide That The United States 31 Shall Aid The States In Wildlife Restoration Projects, And For 32 Other Purposes”, approved September 2, 1937, 50 Stat. 917, 33 codified at 16 U.S.C. §669 669k, and the department may 34 perform acts as necessary to the conduct and establishment 35 -58- LSB 2080SC (28) 86 lh/rj 58/ 140
S.F. _____ of cooperative wildlife restoration projects, as defined in 1 the Act of Congress, in compliance with the Act and with 2 regulations promulgated by the secretary of agriculture under 3 the Act. No funds accruing to the state of Iowa from license 4 fees paid by hunters shall be diverted for any other purpose 5 than as set out in sections 456A.17 and 456A.19 . 6 Sec. 140. Section 456A.28, Code 2015, is amended to read as 7 follows: 8 456A.28 Fish restoration projects. 9 The state of Iowa assents to the provisions of the Act of 10 Congress entitled “An Act To Provide That The United States 11 Shall Aid The States In Fish Restoration Projects, And For 12 Other Purposes”, approved August 9, 1950, Pub. L. No. 681 Ch. 13 658, 64 Stat. 430, codified at 16 U.S.C. §777 777n , and the 14 department may perform acts as necessary to the conduct and 15 establishment of cooperative fish restoration projects, as 16 defined in the Act of Congress, in compliance with the Act and 17 with regulations promulgated by the secretary of the interior 18 under the Act. No funds accruing to the state of Iowa from 19 fishing license fees shall be diverted for any other purposes 20 than as set out in sections 456A.17 and 456A.19 . 21 Sec. 141. Section 459.102, subsection 57, Code 2015, is 22 amended to read as follows: 23 57. “Swine farrow-to-finish operation” means a confinement 24 feeding operation in which porcine animals are produced and in 25 which a primary portion of the phases of the production cycle 26 are conducted at one confinement feeding operation. Phases of 27 the production cycle include but are not limited to gestation, 28 farrowing, growing, and finishing. 29 Sec. 142. Section 461A.57, Code 2015, is amended to read as 30 follows: 31 461A.57 Penalties. 32 Any Unless another punishment is provided, any person 33 violating any of the provisions of sections 461A.36 to through 34 461A.41 , 461A.43 , and 461A.45 to through 461A.56 is guilty of a 35 -59- LSB 2080SC (28) 86 lh/rj 59/ 140
S.F. _____ simple misdemeanor. 1 Sec. 143. Section 468.3, subsections 2, 6, and 8, Code 2015, 2 are amended to read as follows: 3 2. Within the meaning of this subchapter, parts 1 through 5 4 and 7 , and subchapter II, part 1 , the term “board” shall embrace 5 the board of supervisors, the joint boards of supervisors in 6 case of intercounty levee or drainage districts, and the board 7 of trustees in case of a district under trustee management. 8 6. The term “engineer” and the term or “civil engineer” , 9 within the meaning of this subchapter, parts 1 through 5 and 10 7 , subchapter II, parts 1, 4, 5, and 6 , and subchapter V , shall 11 mean a person licensed as a professional engineer under the 12 provisions of chapter 542B . 13 8. For the purpose of this subchapter, parts 1 through 5 14 and 7 , and with reference to improvements along or adjacent 15 to the Missouri river , the word “levee” shall be construed to 16 include, in addition to its ordinary and accepted meaning, 17 embankments, revetments, retards, or any other approved system 18 of construction which may be deemed necessary to adequately 19 protect the banks of any river or stream, within or adjacent to 20 any county, from wash, cutting, or erosion. 21 Sec. 144. Section 468.49, Code 2015, is amended to read as 22 follows: 23 468.49 Classification as basis for future assessments. 24 1. A classification of land for drainage, erosion or flood 25 control purposes, when finally adopted, shall remain the 26 basis of all future assessments for the purpose of said the 27 district unless revised by the board in the manner provided 28 for reclassification , except that . However, where land 29 included in said classification has been destroyed, in whole 30 or in part, by the erosion of a river, or where additional 31 right-of-way has been subsequently taken for drainage purposes, 32 said the land which has been so eroded and carried away by 33 the action of a river or which has been taken for additional 34 right-of-way, may be removed by said the board from said the 35 -60- LSB 2080SC (28) 86 lh/rj 60/ 140
S.F. _____ district as classified, without any reclassification, and no 1 assessment shall thereafter be made on the land so removed. 2 Any deficiency in assessment existing as the result of said 3 action of the board shall be spread by it over the balance 4 of lands remaining in said district in the same ratio as was 5 fixed in the classification of the lands, payable at the next 6 taxpaying period. 7 2. Except districts established by mutual agreement in 8 accordance with section 468.142 in the event any forty-acre 9 tract or less, or any lot, tract, or parcel, as set forth in 10 the existing classification or reclassification of any drainage 11 district now or hereafter established, is divided into two or 12 more tracts, whether such division is by sale or condemnation 13 or platted as a subdivision, the classification of the original 14 tract shall be apportioned to the resulting parcels, regardless 15 of use, except for land taken for additional drainage 16 right-of-way. The classification of the original tract may be 17 apportioned between the resulting parcels by agreement between 18 the parties to such division. The parties shall file with the 19 county auditor a written agreement setting forth the original 20 description and the description of the tracts as subdivided and 21 the percentage of the original classification apportioned to 22 each. This agreement shall bear the signature of all of the 23 parties to such the subdivision. The agreement contemplated 24 herein may be contained in the deed or other instrument 25 effecting the division of the land, which agreement shall be 26 binding upon the grantee or grantees by their acceptance of 27 such instrument and their signatures shall not be necessary. 28 The auditor shall enter this agreement in the drainage record 29 and amend the current classification of the district in 30 accordance with such the agreement. 31 3. In the event the parties to such the subdivision cannot 32 agree as to the apportionment of the percentage classification, 33 the board of supervisors shall, upon application of either 34 party, appoint a commission having the qualifications of 35 -61- LSB 2080SC (28) 86 lh/rj 61/ 140
S.F. _____ commissioners, in accordance with section 468.38 . The 1 commissioners shall inspect the lands involved and apportion 2 the existing classification of the original tract equitably and 3 fairly to each of the several tracts as subdivided and . The 4 board shall make a full, accurate , and detailed report thereof 5 and file the same report with the county auditor within the 6 time set by the board. The report of the commissioners shall 7 set forth the names of the owners thereof, the description 8 of each of the tracts and the percentage of the original 9 classification that each such tract shall bear for main ditches 10 and settling basins, for laterals, for levees and pumping 11 station. Thereafter all the proceedings in relation thereto as 12 to notice of hearing and fixing of percentage benefits shall 13 be as in this subchapter, parts 1 through 5 and 7 , provided 14 in relation to original classification and assessments, and 15 at such hearing, the board may affirm, increase or diminish 16 the percentage of benefits so as to make them just and 17 equitable, and cause the record of the existing classification, 18 percentage of benefits or assessments, or both, to be modified 19 accordingly. In the event the parties neither agree as to the 20 apportionment of classification nor make application for the 21 appointment of commissioners, then the auditor of the county 22 in which the land is situated shall make such apportionment 23 upon an equitable basis and enter the same of record as herein 24 provided. No tract of land included within the boundary of any 25 drainage district shall be exempt from drainage assessments or 26 reassessments, except as herein provided. 27 Sec. 145. Section 468.206, Code 2015, is amended to read as 28 follows: 29 468.206 Notice and hearing. 30 If upon consideration of the plan or amended plan and the 31 report or reports of the engineer and the commitments involved 32 in the adoption of the plan the board finds that the district 33 will benefit therefrom or the purposes for which the district 34 was established will be promoted thereby, the board shall adopt 35 -62- LSB 2080SC (28) 86 lh/rj 62/ 140
S.F. _____ the same as a tentative plan, entering enter an order to that 1 effect , and fixing fix a date for hearing thereon not less 2 than thirty days thereafter and directing direct the auditor 3 to cause notice to be given of such hearing as hereinafter 4 provided in section 468.207 . 5 Sec. 146. Section 468.209, unnumbered paragraph 1, Code 6 2015, is amended to read as follows: 7 If the board, after consideration of the subject matter, 8 including all objections filed to the adoption of the plan and 9 all claims for damages, shall find that the district will be 10 benefited by adoption of the plan or the purposes for which 11 the district was established is furthered thereby by the plan , 12 they shall enter an order approving and adopting such the final 13 plan. Such The order shall have the effect of: 14 Sec. 147. Section 468.220, Code 2015, is amended to read as 15 follows: 16 468.220 Occupancy and use permitted —— assessments paid. 17 1. Any levee or drainage district organized, or in the 18 process of being organized, under the laws of this state may 19 occupy and use for any lawful levee or drainage purpose land 20 owned by the state of Iowa, upon first obtaining permission to 21 do so from the state or state agency controlling the same land . 22 2. In the case of lands lying within the beds of meandered 23 streams and border streams the permission shall be obtained 24 from the natural resource commission of the department of 25 natural resources. In the case of lands that are not under 26 the control of no any office or agency of the state, then the 27 permission shall be obtained from the executive council. 28 3. Such permission shall not be unreasonably withheld and 29 shall be in the form of an easement executed by the governor 30 or in the case of an agency, by the chairperson or presiding 31 officer thereof, and when once granted shall be perpetual, 32 except that if no use is made of the same easement for a period 33 of five years such , the permission shall immediately thereafter 34 expire. 35 -63- LSB 2080SC (28) 86 lh/rj 63/ 140
S.F. _____ 4. All uses and occupancies as contemplated by this section 1 existing on July 4, 1961, are hereby legalized. 2 5. The state of Iowa, its agencies and subdivisions shall be 3 financially responsible for drainage and special assessments 4 against land which they own, or hold title to, within existing 5 drainage districts. 6 Sec. 148. Section 468.262, Code 2015, is amended to read as 7 follows: 8 468.262 Purpose. 9 The provisions of this part apply to drainage or levee 10 districts , governed by a board of supervisors, joint boards 11 of supervisors, or board of trustees, as provided in section 12 468.3 , when such districts participate in a merger. 13 Sec. 149. Section 468.269, subsection 3, paragraph a, Code 14 2015, is amended to read as follows: 15 a. The board must approve a report by an engineer 16 appointed by the board as provided in this part 1 stating 17 those improvements directly benefiting land situated in the 18 participating dominant servient district were made within the 19 five-year period provided in subsection 2 . 20 Sec. 150. Section 468.540, Code 2015, is amended to read as 21 follows: 22 468.540 Refunding bonds. 23 The board of supervisors of any county may extend the time of 24 the payment of any of its outstanding drainage bonds issued in 25 anticipation of the collection of drainage assessments levied 26 upon property within a drainage district, and may extend the 27 time of payment of any unpaid assessment, or any installment or 28 installments thereof , and . The board may renew or extend the 29 time of payment of such legal bonded indebtedness, or any part 30 thereof, for account of such drainage district, and may refund 31 the same and issue drainage refunding bonds therefor subject to 32 the limitation and in the manner hereinafter provided. 33 Sec. 151. Section 468.544, Code 2015, is amended to read as 34 follows: 35 -64- LSB 2080SC (28) 86 lh/rj 64/ 140
S.F. _____ 468.544 Requirements of notice. 1 Said The notice shall be directed to each person whose name 2 appears upon the transfer books in the auditor’s office as 3 owner of lands within said the drainage district upon which 4 said the drainage assessments are unpaid, naming the owner, and 5 also to the person or persons in actual occupancy of any of 6 said the tracts of land without naming them , and . The notice 7 shall also state the all of the following: 8 1. The amount of unpaid assessments upon each forty-acre 9 tract of land or less . , and that 10 2. That all of said the unpaid assessments, installment or 11 installments thereof as proposed to be extended, may be paid on 12 or before the time fixed for said the hearing . , and that 13 3. That after the expiration of such time no assessments may 14 be paid except in the manner and at the times fixed by the board 15 in the resolution authorizing the issuance of said the drainage 16 refunding bonds. 17 Sec. 152. Section 476.20, subsection 2, Code 2015, is 18 amended to read as follows: 19 2. The board shall establish rules requiring a regulated 20 public utility furnishing gas or electricity to include in 21 the utility’s notice of pending disconnection of service a 22 written statement advising the customer that the customer 23 may be eligible to participate in the low income home energy 24 assistance program or weatherization assistance program 25 administered by the division of community action agencies of 26 the department of human rights. The written statement shall 27 list the address and telephone number of the local agency 28 which is administering the customer’s low income home energy 29 assistance program and the weatherization assistance program. 30 The written statement shall also state that the customer 31 is advised to contact the public utility to settle any of 32 the customer’s complaints with the public utility, but if a 33 complaint is not settled to the customer’s satisfaction, the 34 customer may file the complaint with the board. The written 35 -65- LSB 2080SC (28) 86 lh/rj 65/ 140
S.F. _____ statement shall include the address and phone number of the 1 board. If the notice of pending disconnection of service 2 applies to a residence, the written statement shall advise 3 that the disconnection does not apply from November 1 through 4 April 1 for a resident who is a “head of household”, as defined 5 by law in section 422.4 , and who has been certified to the 6 public utility by the local agency which is administering the 7 low income home energy assistance program and weatherization 8 assistance program as being eligible for either the low 9 income home energy assistance program or weatherization 10 assistance program, and that if such a resident resides within 11 the serviced residence, the customer should promptly have 12 the qualifying resident notify the local agency which is 13 administering the low income home energy assistance program and 14 weatherization assistance program. The board shall establish 15 rules requiring that the written notice contain additional 16 information as it deems necessary and appropriate. 17 Sec. 153. Section 476.29, subsection 3, Code 2015, is 18 amended to read as follows: 19 3. A certificate is transferable, subject to approval of the 20 board pursuant to section 476.20, subsection 1 , paragraph “a” . 21 Sec. 154. Section 476.96, unnumbered paragraph 1, Code 22 2015, is amended to read as follows: 23 As used in sections 476.95, 476.100 , and 476.101 , unless the 24 context otherwise requires: 25 Sec. 155. Section 478.15, Code 2015, is amended to read as 26 follows: 27 478.15 Eminent domain —— procedure —— entering on land —— 28 reversion on nonuse. 29 1. Any person, company, or corporation having secured a 30 franchise as provided in this chapter , shall thereupon be 31 vested with the right of eminent domain to such extent as the 32 utilities board may approve, prescribe and find to be necessary 33 for public use, not exceeding one hundred feet in width for 34 right-of-way and not exceeding one hundred sixty acres in any 35 -66- LSB 2080SC (28) 86 lh/rj 66/ 140
S.F. _____ one location, in addition to right-of-way, for the location 1 of electric substations to carry out the purposes of said 2 franchise; provided however, that where two hundred K V lines 3 or higher voltage lines are to be constructed, the person, 4 company, or corporation may apply to the board for a wider 5 right-of-way not to exceed two hundred feet, and the board 6 may for good cause extend the width of such right-of-way for 7 such lines to the person, company, or corporation applying for 8 the same. The burden of proving the necessity for public use 9 shall be on the person, company , or corporation seeking the 10 franchise. A homestead site, cemetery, orchard , or schoolhouse 11 location shall not be condemned for the purpose of erecting 12 an electric substation. If agreement cannot be made with the 13 private owner of lands as to damages caused by the construction 14 of said transmission line, or electric substations, the same 15 proceedings shall be taken as provided for taking private 16 property for works of internal improvement. 17 2. Any person, company , or corporation proposing to 18 construct a transmission line or other facility which involves 19 the taking of property under the right of eminent domain 20 and desiring to enter upon the land, which it proposes to 21 appropriate, for the purpose of examining or surveying the 22 same, shall first file with the utilities board, a written 23 statement under oath setting forth the proposed routing of 24 the line or facility including a description of the lands to 25 be crossed, the names and addresses of owners, together with 26 request that a permit be issued by said the board authorizing 27 said the person, company , or corporation or its duly appointed 28 representative to enter upon the land for the purpose of 29 examining and surveying and to take and use thereon on the 30 land any vehicle and surveying equipment necessary in making 31 the survey. Said The board shall within ten days after said 32 the request issue a permit, accompanied by such bond in such 33 amount as the board shall approve, to the person, company , or 34 corporation making said the application, if in its the board’s 35 -67- LSB 2080SC (28) 86 lh/rj 67/ 140
S.F. _____ opinion the application is made in good faith and not for the 1 purpose of harassing the owner of the land. If the board is 2 of the opinion that the application is not made in good faith 3 or made for the purpose of harassment to the owner of said the 4 land it the board shall set the matter for hearing and it . The 5 matter shall be heard not more than twenty days after filing 6 said the application. Notice of the time and place of hearing 7 shall be given by said the board, to the owner of said the land 8 by registered mail with a return receipt requested, not less 9 than ten days preceding the date of hearing. 10 3. Any person, company or corporation that has obtained 11 a permit in the manner herein prescribed in this section may 12 enter upon said the land or lands, as above provided in this 13 section , and shall be liable for actual damages sustained in 14 connection with such entry. An action in damages shall be the 15 exclusive remedy. 16 4. If an electric transmission line right-of-way, or any 17 part thereof, is wholly abandoned for public utility purposes 18 by the relocation of the transmission lines, is not used or 19 operated for a period of five years, or if its construction has 20 been commenced and work has ceased and has not in good faith 21 been resumed for five years, the right-of-way shall revert 22 to the person or persons who, at the time of the abandonment 23 or reversion, are the owners of the tract from which such 24 the right-of-way was taken. Following such abandonment of 25 right-of-way, the owner or holder of purported fee title 26 to such the real estate may serve notice upon the owner of 27 such the right-of-way easement, or the owner’s successor in 28 interest, and upon any party in possession of said the real 29 estate, a written notice which shall accurately describe the 30 real estate in question, set out the facts concerning ownership 31 of the fee, ownership of the right-of-way easement, and the 32 period of abandonment, and notify said the parties that such 33 reversion shall be complete and final, and that the easement or 34 other right shall be forfeited, unless said the parties shall, 35 -68- LSB 2080SC (28) 86 lh/rj 68/ 140
S.F. _____ within one hundred twenty days after the completed service 1 of notice, file an affidavit with the county recorder of the 2 county in which the real estate is located disputing the facts 3 contained in said the notice. 4 5. Said The notice shall be served in the same manner as 5 an original notice under the Iowa rules of civil procedure, 6 except that when notice is served by publication no affidavit 7 therefor shall be required before publication. If no affidavit 8 disputing the facts contained in the notice is filed within 9 one hundred twenty days, the party serving the notice may file 10 for record in the office of the county recorder a copy of the 11 notice with proofs of service attached thereto or endorsed 12 thereon, and when so recorded, the record shall be constructive 13 notice to all persons of the abandonment, reversion, and 14 forfeiture of such the right-of-way. 15 Sec. 156. Section 478.31, Code 2015, is amended to read as 16 follows: 17 478.31 Temporary permits for lines less than one mile. 18 1. Notwithstanding the provisions of section 478.1 , any 19 person, company , or corporation proposing to construct an 20 electric transmission line not exceeding one mile in length 21 and which does not involve the taking of property under the 22 right of eminent domain may obtain a temporary construction 23 permit from the utilities board by proceeding in the manner 24 hereinafter set forth in this section . Said The person, 25 company , or corporation shall first file with the board a 26 verified petition setting forth the requirements of section 27 478.3, subsection 1 , paragraphs “a” through “h” , with the 28 further allegation that the petitioner is the nearest electric 29 utility to the proposed point of service. 30 2. The petition shall also state that the filing thereof 31 constitutes an application for a temporary construction 32 permit and shall also have endorsed thereon the approval of 33 the appropriate highway authority or railroad concerned if 34 such line is to be constructed over, across or along a public 35 -69- LSB 2080SC (28) 86 lh/rj 69/ 140
S.F. _____ highway or railroad. 1 3. Upon receipt of such the petition the utilities board 2 shall consider same and may grant a temporary construction 3 permit in whole or in part or upon such terms, conditions and 4 restrictions, and with such modifications as to location as may 5 seem to it just and proper , however, no . A finding of public 6 use will shall not be made at the time of the issuance of the 7 permit, such finding to but shall be made, if substantiated by 8 petitioner, at the subsequent consideration of the propriety 9 of granting a franchise for the line subject to the permit. 10 The signature of one utilities board member on such the 11 permit shall be sufficient. The issuance of such the permit 12 shall constitute temporary authority for the permit holder to 13 construct the line for which the permit is granted. 14 4. Upon the granting of such temporary construction permit 15 the utilities board shall cause the publication of notice 16 required by section 478.5 and all other requirements shall be 17 complied with as in the manner provided for the granting of a 18 franchise. If a hearing is required then the petitioner shall 19 make a sufficient and proper showing thereat before a franchise 20 will be issued for the line. Any franchise issued will be 21 subject to all applicable provisions of this chapter . 22 5. Notwithstanding anything foregoing subsections 1 through 23 4 , if the utilities board shall determine that a franchise 24 should not be granted, or that further restrictions, conditions 25 or modifications are required, or if the petitioner shall fail 26 to make a sufficient and proper showing of the necessity for 27 the granting of a franchise within six months of the granting 28 of the temporary construction permit, the permit issued 29 hereunder shall become null and void and the permit holder may 30 be required to take such action deemed necessary by the board 31 to remove, modify or relocate the construction undertaken by 32 virtue of the temporary permit issued hereunder. 33 Sec. 157. Section 481A.22, Code 2015, is amended to read as 34 follows: 35 -70- LSB 2080SC (28) 86 lh/rj 70/ 140
S.F. _____ 481A.22 Field and retriever meets —— permit required. 1 1. a. All officially sanctioned field meets or trials 2 and retriever meets or trials where the skill of dogs is 3 demonstrated in pointing, retrieving, trailing, or chasing any 4 game bird, game animal, or fur-bearing animal shall require 5 a field trial permit. Except as otherwise provided by law, 6 it shall be unlawful to kill any wildlife in such events. 7 Notwithstanding the provisions of section 481A.21 it shall 8 be lawful to hold field meets or trials and retriever meets 9 or trials where dogs are permitted to work in exhibition or 10 contest whereby the skill of dogs is demonstrated by retrieving 11 dead or wounded game birds which have been propagated by 12 licensed game breeders within the state or secured from lawful 13 sources outside the state and lawfully brought into the state. 14 All such of the birds must be released on the day of trials on 15 premises where the trials are held. 16 b. Such Any birds released may be shot by official guns 17 after having secured a permit as herein provided in this 18 section . 19 c. Such The permits may be issued by the director of the 20 department upon proper application and the payment of a fee 21 of two dollars for each trial held. A representative of the 22 department shall attend all such trials and enforce the laws 23 and regulations governing same. 24 2. The person or persons designated by the committee in 25 charge to do the shooting for such the trials shall be known 26 as the official guns, and no other person shall be permitted 27 to kill or attempt to kill any of the birds released for such 28 trials. 29 3. Before any birds are released under this section , they 30 must each have attached a tag provided by the department and 31 attached by a representative of the department at a cost of 32 not more than ten cents for each tag. All tags are to remain 33 attached to birds until prepared for consumption. 34 4. It is unlawful for any person to hold, conduct, or to 35 -71- LSB 2080SC (28) 86 lh/rj 71/ 140
S.F. _____ participate in a field or retriever trial before the permit 1 required by this section has been secured or for any person to 2 possess or remove from the trial grounds any birds which have 3 not been tagged as herein in this section required. 4 Sec. 158. Section 490.1302, subsection 2, paragraph a, 5 subparagraph (3), Code 2015, is amended to read as follows: 6 (3) Issued by an open-end management investment company 7 registered with the United States securities and exchange 8 commission under the federal Investment Company Act of 1940 , 9 15 U.S.C. §80a-1 et seq., and may be redeemed at the option of 10 the holder at net asset value. 11 Sec. 159. Section 490.1402, subsection 2, paragraph a, 12 subparagraph (2), Code 2015, is amended to read as follows: 13 (2) If paragraph “a” , subparagraph (1) , subparagraph 14 division (a) or (2) (b) , applies, it must communicate the basis 15 for so proceeding. 16 Sec. 160. Section 491.3, subsection 6, Code 2015, is amended 17 to read as follows: 18 6. To make contracts , and acquire and transfer property 19 —— property, possessing the same powers in such respects as 20 natural persons. 21 Sec. 161. Section 491.23, Code 2015, is amended to read as 22 follows: 23 491.23 Dissolution —— filing a statement with secretary of 24 state. 25 A corporation may be dissolved prior to the period fixed 26 in the articles of incorporation, by unanimous consent, or 27 in accordance with the provisions of its articles, and if a 28 statement swearing to the dissolution, signed by the officers 29 of such corporation, is filed with the secretary of state. A 30 recording fee of one dollar shall apply to the filing of the 31 statement. 32 Sec. 162. Section 502A.4, subsection 1, paragraph e, Code 33 2015, is amended to read as follows: 34 e. A commodity contract under which the offeree or the 35 -72- LSB 2080SC (28) 86 lh/rj 72/ 140
S.F. _____ purchaser is a person under section 502A.3 , an insurance 1 company, an investment company as defined in the federal 2 Investment Company Act of 1940, 15 U.S.C. §80a-1 et seq., or 3 an employee pension and profit sharing or benefit plan other 4 than a self-employed individual retirement plan, or individual 5 retirement account. 6 Sec. 163. Section 511.8, subsection 22, paragraph i, 7 unnumbered paragraph 1, Code 2015, is amended to read as 8 follows: 9 Securities held in the legal reserve of a life insurance 10 company or association and pledged as collateral for financial 11 instruments used in hedging transactions shall continue 12 to be eligible for inclusion in the legal reserve of the 13 life insurance company or association subject to all of the 14 following: 15 Sec. 164. Section 511.8, subsection 22, paragraph i, 16 subparagraph (3), Code 2015, is amended to read as follows: 17 (3) Securities pledged as collateral for financial 18 instruments used in hedging transactions that the life 19 insurance company or association does not report as highly 20 effective hedging transactions, together with securities 21 pledged to a counterparty, clearing organization, or 22 clearinghouse on an upfront basis in the form of initial 23 margin, independent amount, or other securities pledged as a 24 precondition of entering into hedging transactions pursuant to 25 subparagraph (1) that the life insurance company or association 26 does not report as highly effective hedging transactions 27 pursuant to subparagraph (1) , are not eligible in excess of 28 three percent of the legal reserve of the life insurance 29 company or association, less any financial instruments used 30 in hedging transactions held in the legal reserve under this 31 subsection . 32 Sec. 165. Section 515.103, subsection 11, Code 2015, is 33 amended by striking the subsection. 34 Sec. 166. Section 517.2, Code 2015, is amended to read as 35 -73- LSB 2080SC (28) 86 lh/rj 73/ 140
S.F. _____ follows: 1 517.2 Terms defined. 2 As used in this chapter, unless the context otherwise 3 requires: 4 1. a. The term “earned premiums” as used herein “Earned 5 premiums” shall include gross premiums charged on all policies 6 written, including all determined excess and additional 7 premiums, less returned premiums, other than premiums returned 8 to policyholders as dividends, and less reinsurance premiums 9 and premiums on policies canceled, and less unearned premiums 10 on policies in force. 11 b. Any participating company which has charged in its 12 premiums a loading solely for dividends shall not be required 13 to include such loading in its earned premiums, provided a 14 statement of the amount of such loading has been filed with and 15 approved by the commissioner of insurance. 16 2. The term “compensation” as used in this 17 chapter “Compensation” shall relate to all insurances affected 18 by virtue of statutes providing compensation to employees for 19 personal injuries irrespective of fault of the employer. 20 3. The term “liability” “Liability” shall relate to all 21 insurance, except compensation insurance, against loss or 22 damage from accident to or injuries suffered by an employee or 23 other person and for which the insured is liable. 24 4. The terms “loss payments” “Loss payments” and “loss 25 expense payments” as used herein shall include all payments 26 to claimants, including payments for medical and surgical 27 attendance, legal expenses, salaries and expenses of 28 investigators, and field personnel, rents, stationery, 29 telegraph and telephone charges, postage, salaries and expenses 30 of office employees, home office expenses, and all other 31 payments made on account of claims, whether such payments shall 32 be allocated to specific claims or unallocated. 33 Sec. 167. Section 517.3, Code 2015, is amended to read as 34 follows: 35 -74- LSB 2080SC (28) 86 lh/rj 74/ 140
S.F. _____ 517.3 Distribution of unallocated payments. 1 1. a. All unallocated liability loss expense payments made 2 in a given calendar year subsequent to the first four years in 3 which an insurer has been issuing liability policies shall be 4 distributed as follows: 5 (1) Thirty-five percent shall be charged to the policies 6 written in that year . , forty 7 (2) Forty percent to the policies written in the preceding 8 year . , ten 9 (3) Ten percent to the policies written in the second year 10 preceding, ten percent to the policies written in the third 11 year preceding . , and five 12 (4) Five percent to the policies written in the fourth year 13 preceding . , and such 14 b. The payments made in each of the first four calendar 15 years in which an insurer issues liability policies shall be 16 distributed as follows: 17 (1) In the first calendar year one hundred percent shall be 18 charged to the policies written in that year . , in 19 (2) In the second calendar year fifty percent shall be 20 charged to the policies written in that year and fifty percent 21 to the policies written in the preceding year . , in 22 (3) In the third calendar year forty percent shall be 23 charged to the policies written in that year, forty percent to 24 the policies written in the preceding year, and twenty percent 25 to the policies written in the second year preceding . , and in 26 (4) In the fourth calendar year thirty-five percent shall 27 be charged to the policies written in that year, forty percent 28 to the policies written in the preceding year, fifteen percent 29 to the policies written in the second year preceding, and ten 30 percent to the policies written in the third year preceding . , 31 and a 32 c. A schedule showing such distribution shall be included 33 in the annual statement. 34 2. a. All unallocated compensation loss expense payments 35 -75- LSB 2080SC (28) 86 lh/rj 75/ 140
S.F. _____ made in a given calendar year subsequent to the first three 1 years in which an insurer has been issuing compensation 2 policies shall be distributed as follows: 3 (1) Forty percent shall be charged to the policies written 4 in that year . , forty-five 5 (2) Forty-five percent to the policies written in the 6 preceding year . , ten 7 (3) Ten percent to the policies written in the second year 8 preceding . and five 9 (4) Five percent to the policies written in the third year 10 preceding . , and such 11 b. The payments made in each of the first three calendar 12 years in which an insurer issues compensation policies shall be 13 distributed as follows: 14 (1) In the first calendar year one hundred percent shall be 15 charged to the policies written in that year . , in 16 (2) In the second calendar year fifty percent shall be 17 charged to the policies written in that year and fifty percent 18 to the policies written in the preceding year . , in 19 (3) In the third calendar year forty-five percent shall 20 be charged to the policies written in that year, forty-five 21 percent to the policies written in the preceding year and ten 22 percent to the policies written in the second year preceding . , 23 and a 24 c. A schedule showing such distribution shall be included 25 in the annual statement. 26 3. Whenever, in the judgment of the commissioner of 27 insurance, the liability or compensation loss reserves of any 28 insurer under the commissioner’s supervision, calculated in 29 accordance with the foregoing provisions, are inadequate, the 30 commissioner may, in the commissioner’s discretion, require 31 such insurer to maintain additional reserves based upon 32 estimated individual claims or otherwise. 33 Sec. 168. Section 518A.1, subsection 2, paragraph a, Code 34 2015, is amended to read as follows: 35 -76- LSB 2080SC (28) 86 lh/rj 76/ 140
S.F. _____ a. An application on blanks furnished by the association and 1 signed by the insured or the insured’s representative, which 2 may contain in addition to other provisions: the 3 (1) The value of the property . , the 4 (2) The proper description thereof, the of the property. 5 (3) The amount of other insurance and the encumbrance 6 thereon, and agreement on the property. 7 (4) Agreement to be governed by the articles of 8 incorporation and bylaws in force at the time the policy is 9 issued . , a 10 (5) A representation that the foregoing statements are true 11 as far as the same are known to the insured or material to the 12 risk . , and that 13 (6) That the insurance shall take effect when approved by 14 the secretary. 15 Sec. 169. Section 523I.312, subsection 2, paragraph n, Code 16 2015, is amended to read as follows: 17 n. Include an explanation of regulatory oversight by 18 the insurance division in twelve point boldface type, in 19 substantially the following language: 20 This agreement is subject to rules administered by the Iowa 21 insurance division. You may call the insurance division with 22 inquiries or complaints at (515)281–5705 (insert telephone 23 number) . Written inquiries or complaints should be mailed 24 to: Iowa Securities and Regulated Industries Bureau, 330 Maple 25 Street, Des Moines, Iowa 50319 (insert address) . 26 Sec. 170. Section 533.301, subsection 5, paragraph i, 27 unnumbered paragraph 1, Code 2015, is amended to read as 28 follows: 29 Corporate bonds as defined by and subject to terms and 30 conditions imposed by the superintendent, provided that the 31 superintendent shall not approve investment in corporate bonds 32 unless the bonds are investment grade. For purposes of this 33 paragraph, “investment grade” means the issuer of a security 34 has an adequate capacity to meet the financial commitments 35 -77- LSB 2080SC (28) 86 lh/rj 77/ 140
S.F. _____ under the security for the projected life of the asset or 1 exposure, even under adverse economic conditions. An issuer 2 has an adequate capacity to meet the financial commitments of 3 a security if the risk of default by the obligor is low and 4 the full and timely repayment of principal and interest on the 5 security is expected. A state credit union may consider any 6 or all of the following nonexhaustive or nonmutually exclusive 7 factors, to the extent appropriate, with respect to the credit 8 risk of a security: 9 Sec. 171. Section 536.1, subsections 4 and 5, Code 2015, are 10 amended to read as follows: 11 4. A person who enters into less than ten supervised loans 12 per year in this state and who neither has an office physically 13 located in this state nor engages in face-to-face solicitation 14 in this state may contract for and receive the rate of interest 15 permitted in this chapter for licensees under this chapter . A 16 “consumer loan” means the same as defined in section 537.1301 . 17 5. For the purposes of this section : , “threshold amount” 18 a. “Consumer loan” means the same as defined in section 19 537.1301. 20 b. “Threshold amount” means the same as defined in section 21 537.1301 . 22 Sec. 172. Section 537.1301, subsection 26, Code 2015, is 23 amended to read as follows: 24 26. “Lender” means a person who makes a loan or, except as 25 otherwise provided in this Act chapter , a person who takes an 26 assignment of a lender’s right to payment, but use of the term 27 does not in itself impose on an assignee any obligation of the 28 lender. 29 Sec. 173. Section 551A.4, subsection 1, paragraph a, Code 30 2015, is amended to read as follows: 31 a. The offer or sale of a business opportunity if the 32 purchaser is a bank, federally chartered savings and loan 33 association, trust company, insurance company, credit union, 34 or investment company as defined by the federal Investment 35 -78- LSB 2080SC (28) 86 lh/rj 78/ 140
S.F. _____ Company Act of 1940, 15 U.S.C. §80a-1 et seq., a pension 1 or profit-sharing trust, or other financial institution or 2 institutional buyer, or a broker-dealer registered pursuant to 3 chapter 502 , whether the purchaser is acting for itself or in a 4 fiduciary capacity. 5 Sec. 174. Section 554.8110, subsection 5, paragraph a, Code 6 2015, is amended to read as follows: 7 a. if an agreement between the securities intermediary 8 and its entitlement holder governing the securities account 9 expressly provides that a particular jurisdiction is the 10 securities intermediary’s jurisdiction for purposes of this 11 part, this Article , or this Act 2000 Iowa Acts, ch. 1149 , that 12 jurisdiction is the securities intermediary’s jurisdiction. 13 Sec. 175. Section 558.1, Code 2015, is amended to read as 14 follows: 15 558.1 “Instruments affecting real estate” defined —— 16 revocation. 17 All instruments containing a power to convey, or in any 18 manner relating to real estate, including certified copies of 19 petitions in bankruptcy with or without the schedules appended, 20 of decrees of adjudication in bankruptcy, and of orders 21 approving trustees’ bonds in bankruptcy, and a jobs training 22 agreement entered into under chapter 260E between an employer 23 and community college which contains a description of the real 24 estate affected, shall be held to be instruments “instruments 25 affecting the same; and no such real estate”. An instrument 26 affecting real estate , when acknowledged or certified and 27 recorded as in this chapter prescribed, can cannot be revoked 28 as to third parties by any act of the parties by whom it was 29 executed, until the instrument containing such revocation is 30 acknowledged and filed for record in the same office in which 31 the instrument containing such power is recorded, except that 32 uniform commercial code financing statements and financing 33 statement changes as provided in chapter 554 need not be thus 34 acknowledged. 35 -79- LSB 2080SC (28) 86 lh/rj 79/ 140
S.F. _____ Sec. 176. Section 602.8108, subsection 2, Code 2015, is 1 amended to read as follows: 2 2. Except as otherwise provided, the clerk of the district 3 court shall report and submit to the state court administrator, 4 not later than the fifteenth day of each month, the fines and 5 fees received during the preceding calendar month. Except as 6 provided in subsections 3, 4, 5, 6, 7, 8, 9, 10, and 11 , the 7 state court administrator shall deposit the amounts received 8 with the treasurer of state for deposit in the general fund of 9 the state. The state court administrator shall report to the 10 legislative services agency within thirty days of the beginning 11 of each fiscal quarter the amount received during the previous 12 quarter in the account established under this section . 13 Sec. 177. Section 602.11113, Code 2015, is amended to read 14 as follows: 15 602.11113 Bailiffs employed as court attendants. 16 Persons who were employed as bailiffs and who were 17 performing services for the court, other than law enforcement 18 services, immediately prior to the effective date of section 19 602.6601 July 1, 1983 , shall be employed by the district court 20 administrators as court attendants under section 602.6601 on 21 the effective date of that section July 1, 1983 . 22 Sec. 178. Section 614.6, unnumbered paragraph 1, Code 2015, 23 is amended to read as follows: 24 The period of limitation above described specified in 25 sections 614.1 through 614.5 shall be computed omitting any 26 time when: 27 Sec. 179. Section 614.35, Code 2015, is amended to read as 28 follows: 29 614.35 Recording interest. 30 To be effective and to be entitled to record, the notice 31 above referred to in section 614.34 shall contain an accurate 32 and full description of all land affected by such notice which 33 description shall be set forth in particular terms and not by 34 general inclusions; but if the claim is founded upon a recorded 35 -80- LSB 2080SC (28) 86 lh/rj 80/ 140
S.F. _____ instrument, then the description in such notice may be the same 1 as that contained in such recorded instrument. Such notice 2 shall be filed for record in the office of the county recorder 3 of the county or counties where the land described in the 4 notice is situated. The recorder of each county shall accept 5 all such notices presented to the recorder which describe land 6 located in the county in which the recorder serves and shall 7 enter and record full copies of the notices and shall index the 8 applicable entries specified in sections 558.49 and 558.52 , and 9 each recorder shall be entitled to charge the same fees for the 10 recording of the notices as are charged for recording deeds. 11 In indexing such notices in the recorder’s office each recorder 12 shall enter such notices under the grantee indexes of deeds in 13 the names of the claimants appearing in such notices. 14 Sec. 180. Section 633.279, subsection 2, paragraph a, Code 15 2015, is amended to read as follows: 16 a. An attested will may be made self-proved at the time of 17 its execution, or at any subsequent date, by the acknowledgment 18 thereof by the testator and the affidavits of the witnesses, 19 each made before a person authorized to administer oaths 20 and take acknowledgments under the laws of this state, and 21 evidenced by such person’s certificate, under seal, attached 22 or annexed to the will, in form and content substantially as 23 follows: 24 Affidavit 25 State of ...... ) 26 County of ...... ) ss 27 We, the undersigned, ....... , ....... and ......... , the 28 testator and the witnesses, respectively, whose names are 29 signed to the attached or foregoing instrument, being first 30 duly sworn, declare to the undersigned authority that at the 31 date of the instrument, we all knew the identity of each other; 32 the instrument was exhibited to the witnesses by the testator, 33 who declared it to be the testator’s last will and testament 34 and was signed by the testator or by another at the direction 35 -81- LSB 2080SC (28) 86 lh/rj 81/ 140
S.F. _____ of the testator at ........ , in the County of ...... , State 1 of ...... , on the date shown in the instrument, and in the 2 presence of each other as subscribing witnesses; that we, as 3 witnesses, declare to the undersigned authority that in our 4 presence the testator executed and acknowledged such will as 5 the testator’s will and that we, in the testator’s presence, at 6 the testator’s request, and in the presence of each other, did 7 subscribe our names thereto as attesting witnesses on the date 8 of such will; and that the witnesses were sixteen years of age 9 or older. 10 ............................ 11 Testator 12 ............................ 13 Witness 14 ............................ 15 Witness 16 ............................ 17 Subscribed, sworn and acknowledged before me by ........ , the 18 testator; and subscribed and sworn before me by ........ and 19 ....... , witnesses, this ... day of ...... (month), ... (year) 20 ............................. 21 Notary Public, or other 22 Signature of notarial 23 officer authorized to take 24 (Stamp) and certify acknowledgments 25 and administer oaths 26 [...................] 27 Title of office 28 [My commission expires] 29 Sec. 181. Section 633.304, subsections 2 and 3, Code 2015, 30 are amended to read as follows: 31 2. On admission of a will to probate, the executor, as 32 soon as letters are issued, shall cause notice to be published 33 once each week for two consecutive weeks in a daily or weekly 34 newspaper of general circulation published in the county in 35 -82- LSB 2080SC (28) 86 lh/rj 82/ 140
S.F. _____ which the estate is pending and at . At any time during the 1 pendency of administration that the executor has knowledge of 2 the name and address of a person believed to own or possess a 3 claim which will not or may not be paid or otherwise satisfied 4 during administration, the executor shall provide notice by 5 ordinary mail to each such claimant at the claimant’s last 6 known address , and . The executor shall also, as soon as 7 practicable give notice, except to any executor, by ordinary 8 mail to the surviving spouse, each heir of the decedent, 9 and each devisee under the will admitted to probate whose 10 identities are reasonably ascertainable, at such persons’ last 11 known addresses, that gives notice of admission of the will to 12 probate and of the appointment of the executor. In the notice 13 shall be included a notice that any action to set aside the 14 probate of the will must be brought within the later to occur 15 of four months from the date of the second publication of the 16 notice or one month from the date of mailing of this notice 17 or thereafter be forever barred, a notice to debtors to make 18 payment, and a notice to creditors having claims against the 19 estate to file them with the clerk within four months from the 20 second publication of the notice, or thereafter be forever 21 barred. 22 3. The notice shall be substantially in the following form: 23 NOTICE OF PROBATE OF WILL, 24 OF APPOINTMENT OF EXECUTOR, 25 AND NOTICE TO CREDITORS 26 In the District Court of Iowa 27 in and for .... County. 28 Probate No. .... 29 In the Estate of ...... , Deceased 30 To All Persons Interested in the Estate of ...... , Deceased, 31 who died on or about ...... (date): 32 You are hereby notified that on the .. day of .... (month), 33 ...... (year), the last will and testament of ........ , 34 deceased, bearing date of the .. day of .... (month), .. 35 -83- LSB 2080SC (28) 86 lh/rj 83/ 140
S.F. _____ (year), was admitted to probate in the above named court and 1 that ........ was appointed executor of the estate. Any 2 action to set aside the will must be brought in the district 3 court of said county within the later to occur of four months 4 from the date of the second publication of this notice or one 5 month from the date of mailing of this notice to all heirs of 6 the decedent and devisees under the will whose identities are 7 reasonably ascertainable, or thereafter be forever barred. 8 Notice is further given that all persons indebted to 9 the estate are requested to make immediate payment to the 10 undersigned, and creditors having claims against the estate 11 shall file them with the clerk of the above named district 12 court, as provided by law, duly authenticated, for allowance, 13 and unless so filed by the later to occur of four months from 14 the date of second publication of this notice or one month from 15 the date of mailing of this notice (unless otherwise allowed or 16 paid) a claim is thereafter forever barred. 17 Dated this .. day of ...... (month), .. (year) 18 ........... 19 Executor of estate 20 ........... 21 Address 22 .......... 23 Attorney for executor 24 .......... 25 Address 26 Date of second publication 27 .. day of ...... (month), .. (year) 28 (Date to be inserted by publisher) 29 Sec. 182. Section 633A.3110, subsection 5, Code 2015, is 30 amended to read as follows: 31 5. The notice described in subsection 2 shall be 32 substantially in the following form: 33 To all persons regarding ..............................., 34 deceased, who died on or about 35 -84- LSB 2080SC (28) 86 lh/rj 84/ 140
S.F. _____ ........................................(date). You are hereby 1 notified that .......................... is the trustee of 2 the ................ Trust. 3 Any action to contest the validity of the trust must be 4 brought in the District Court of .... County, Iowa, within 5 the later to occur of four months from the date of second 6 publication of this notice, or thirty days from the date of 7 mailing this notice to all heirs of the decedent settlor 8 and the spouse of the decedent settlor whose identities are 9 reasonably ascertainable. Any suit not filed within this 10 period shall be forever barred. 11 Notice is further given that any person or entity possessing 12 a claim against the trust must mail proof of the claim to the 13 trustee at the address listed below via certified mail, return 14 receipt requested, by the later to occur of four months from 15 the date of the second publication of this notice or thirty 16 days from the date of mailing this notice if required, or 17 the claim shall be forever barred, unless paid or otherwise 18 satisfied. 19 Dated this ............ day of 20 ........................(month), ...............(year) 21 .......................................................... 22 Trust 23 ............................................... 24 Trustee 25 Address: ..................................... 26 ............................................... 27 Date of second publication 28 ............ day of ........................(month), 29 ................(year) 30 Sec. 183. Section 633B.203, subsections 3 and 9, Code 2015, 31 are amended to read as follows: 32 3. Execute, acknowledge, seal, deliver, file, or record 33 any instrument or communication the agent considers desirable 34 to accomplish a purpose of a transaction, including but not 35 -85- LSB 2080SC (28) 86 lh/rj 85/ 140
S.F. _____ limited to creating at any time a schedule listing some or all 1 of the principal’s property and attaching the instrument of or 2 communication to the power of attorney. 3 9. Access communications intended for, and communicate 4 on behalf of , the principal, whether by mail, electronic 5 transmission, telephone, or other means. 6 Sec. 184. Section 633B.205, subsection 2, Code 2015, is 7 amended to read as follows: 8 2. Sell; exchange; convey with or without covenants, 9 representations, or warranties; quitclaim; release; surrender; 10 create a security interest in; grant options concerning; lease; 11 sublease; or , otherwise dispose of tangible personal property 12 or an interest in tangible personal property. 13 Sec. 185. Section 633B.205, subsection 5, unnumbered 14 paragraph 1, Code 2015, is amended to read as follows: 15 Manage or conserve tangible personal property or an interest 16 in tangible personal property on behalf of the principal, 17 including but not limited to by doing all of the following: 18 Sec. 186. Section 636.33, Code 2015, is amended to read as 19 follows: 20 636.33 Final discharge. 21 Said fiduciary may file such the receipt described in 22 section 636.32 with the fiduciary’s final report, and if it 23 shall be made to appear to the satisfaction of the court that 24 the fiduciary has in all other respects complied with the law 25 governing the fiduciary’s appointment and duties, the court may 26 approve such final report and enter the fiduciary’s discharge. 27 Sec. 187. Section 636.34, Code 2015, is amended to read as 28 follows: 29 636.34 Notice of deposit. 30 Notice of such a contemplated deposit under section 636.31 , 31 and of final report, shall be given for the same time and in 32 the same manner as is now required in cases of final report by 33 personal representatives under the probate code. 34 Sec. 188. Section 654.13, Code 2015, is amended to read as 35 -86- LSB 2080SC (28) 86 lh/rj 86/ 140
S.F. _____ follows: 1 654.13 Pledge of rents —— priority. 2 Whenever any real estate is encumbered by two or more real 3 estate mortgages which in addition to the lien upon the real 4 estate grant to the mortgagee the right to subject the rents, 5 profits, avails and/or , or income from said real estate to the 6 payment of the debt secured by such mortgage, the priority 7 of the respective mortgagees under the provisions of their 8 mortgages affecting the rents, profits, avails and/or , or 9 incomes from the said real estate shall, as between such 10 mortgagees, be in the same order as the priority of the lien of 11 their respective mortgages on the real estate. 12 Sec. 189. Section 654.14, subsection 2, Code 2015, is 13 amended to read as follows: 14 2. If the owner or person in actual possession of 15 agricultural land as defined in section 9H.1 is not afforded 16 a right of first refusal in leasing the mortgaged premises by 17 the receiver, the owner or person in actual possession has a 18 cause of action against the receiver to recover either actual 19 damages or a one thousand dollar penalty, and costs, including 20 reasonable attorney’s fees. The receiver shall deliver notice 21 of an offer made to the receiver to the owner or person in 22 actual possession or the attorney of the owner or person in 23 actual possession , of an offer made to the receiver , which 24 contains the terms of the offer , and the name and address 25 of the person making the offer. The delivery shall be made 26 personally with receipt returned or by certified or registered 27 mail, with the proper postage on the envelope, addressed to 28 the owner or person in actual possession or the attorney of 29 the owner or person in actual possession. An offer shall be 30 deemed to have been refused if the owner or person in actual 31 possession or the attorney of the owner or person in actual 32 possession does not respond within ten days following the date 33 that the notice is mailed. 34 Sec. 190. Section 656.5, Code 2015, is amended to read as 35 -87- LSB 2080SC (28) 86 lh/rj 87/ 140
S.F. _____ follows: 1 656.5 Proof and record of service. 2 If the terms and conditions as to which there is default are 3 not performed within said thirty days, the party serving said 4 the notice or causing the same notice to be served, may file 5 for record in the office of the county recorder a copy of the 6 notice aforesaid with proofs of service attached or endorsed 7 thereon (and, in case of service . If notice has been served 8 by publication, a personal affidavit that personal service 9 could not be made within this state), and when state shall 10 also be attached or endorsed on the notice. When so filed and 11 recorded, the said record shall be constructive notice to all 12 parties of the due forfeiture and cancellation of said the 13 contract. 14 Sec. 191. Section 669.2, subsection 4, paragraph c, Code 15 2015, is amended to read as follows: 16 c. “Employee of the state” also includes an architect 17 registered pursuant to chapter 544A or a professional engineer 18 licensed pursuant to chapter 542B who voluntarily and without 19 compensation provides initial structural or building systems 20 inspection services for the purposes of determining human 21 occupancy at the scene of a disaster as defined in section 22 29C.2, subsection 4 . To be considered an employee of the 23 state, the architect or engineer shall be acting at the 24 request and under the direction of the commissioner of public 25 safety and in coordination with the local emergency management 26 commission established under chapter 29C . For purposes of this 27 paragraph, “compensation” does not include reimbursement for 28 expenses. 29 Sec. 192. Section 714.11, subsection 1, paragraph c, Code 30 2015, is amended to read as follows: 31 c. A fraudulent practice where it is not possible to 32 determine an amount of money or value of property and service 33 services involved. 34 Sec. 193. Section 714.14, subsection 2, Code 2015, is 35 -88- LSB 2080SC (28) 86 lh/rj 88/ 140
S.F. _____ amended to read as follows: 1 2. If money, property, or a service involved in two or 2 more acts of fraudulent practice is from the same person or 3 location, or from different persons by two or more acts which 4 occur in approximately the same location or time period so that 5 the fraudulent practices are attributable to a single scheme, 6 plan, or conspiracy, these acts may be considered as a single 7 fraudulent practice and the value may be the total value of all 8 money, property, and service services involved. 9 Sec. 194. Section 724.1, subsection 2, paragraph a, Code 10 2015, is amended to read as follows: 11 a. An antique firearm. An antique firearm is any firearm, 12 including any firearm with a matchlock, flintlock, percussion 13 cap, or similar type of ignition system, manufactured in 14 or before 1898 or any firearm which is a replica of such a 15 firearm if such replica is not designed or redesigned for using 16 conventional rimfire or centerfire fixed ammunition or which 17 uses only rimfire or centerfire fixed ammunition which is no 18 longer manufactured in the United States and which is not 19 readily available in the ordinary channels of commercial trade. 20 Sec. 195. Section 725.1, subsection 1, paragraph c, Code 21 2015, is amended to read as follows: 22 c. If the person who sells or offers for sale the person’s 23 services as a partner in a sex act is under the age of eighteen, 24 upon the expiration of two years following the person’s 25 conviction for a violation of paragraph “a” or of a similar 26 local ordinance, the person may petition the court to expunge 27 the conviction, and if the person has had no other criminal 28 convictions, other than local traffic violations or simple 29 misdemeanor violations of chapter 321 during the two-year 30 period, the conviction shall be expunged as a matter of 31 law. The court shall enter an order that the record of the 32 conviction be expunged by the clerk of the district court. 33 Notwithstanding section 692.2 , after receipt of notice from 34 the clerk of the district court that a record of conviction 35 -89- LSB 2080SC (28) 86 lh/rj 89/ 140
S.F. _____ has been expunged for a violation of paragraph “a” has been 1 expunged , the record of conviction shall be removed from the 2 criminal history data files maintained by the department of 3 public safety. 4 Sec. 196. Section 915.50, subsection 3, Code 2015, is 5 amended to read as follows: 6 3. The right to receive a criminal no-contact order upon a 7 finding of probable cause, pursuant to section 664A.3 . 8 Sec. 197. Section 915.50A, subsection 2, Code 2015, is 9 amended to read as follows: 10 2. The right to receive a criminal no-contact order upon a 11 finding of probable cause, pursuant to section 664A.3 . 12 Sec. 198. REPEAL. Sections 123.6, 123.7, 123.12, and 13 507C.8, Code 2015, are repealed. 14 Sec. 199. REPEAL. 2013 Iowa Acts, chapter 125, division II, 15 is repealed. 16 Sec. 200. Section 633B.213, subsection 1, unnumbered 17 paragraph 1, as enacted by 2014 Iowa Acts, chapter 1078, 18 section 38, is amended to read as follows: 19 Unless the power of attorney otherwise provides and subject 20 to subsection section 633B.201 , language in a power of attorney 21 granting general authority with respect to personal and family 22 maintenance authorizes the agent to do all of the following: 23 Sec. 201. REPEAL. 2014 Iowa Acts, chapter 1080, section 24 121, is repealed. 25 Sec. 202. REPEAL. 2014 Iowa Acts, chapter 1092, sections 26 153 and 199, are repealed. 27 Sec. 203. 2014 Iowa Acts, chapter 1092, section 197, 28 subsection 2, is amended by striking the subsection. 29 Sec. 204. CODE EDITOR DIRECTIVE —— TRANSFERS. 30 1. The Code editor shall transfer and renumber the following 31 sections as follows: 32 a. Section 123.9 to become section 123.6. 33 b. Section 123.10 to become section 123.7. 34 c. Section 123.16 to become section 123.8. 35 -90- LSB 2080SC (28) 86 lh/rj 90/ 140
S.F. _____ d. Section 123.20 to become section 123.9. 1 e. Section 123.21 to become section 123.10. 2 f. Section 123.13 to become section 123.12. 3 g. Section 123.17 to become section 123.13. 4 h. Section 123.18 to become section 123.15. 5 i. Section 123.55 to become section 123.16. 6 j. Section 123.53 to become section 123.17. 7 k. Section 123.54 to become section 123.18. 8 l. Section 123.19 to become section 123.23. 9 m. Section 226.47 to become section 226.1A. 10 n. Section 462A.69 to become section 462A.3A. 11 o. Section 462A.71 to become section 462A.3B. 12 2. The Code editor shall correct internal references as 13 necessary. 14 Sec. 205. EFFECTIVE UPON ENACTMENT. The following 15 provision or provisions of this division of this Act, being 16 deemed of immediate importance, take effect upon enactment: 17 1. The section of this Act amending section 237A.30, 18 subsection 1. 19 2. The section of this Act amending section 321.34, 20 subsection 27, paragraph “a”. 21 Sec. 206. EFFECTIVE DATE. The following provision or 22 provisions of this division of this Act take effect June 30, 23 2021: 24 1. The section of this Act amending section 15.294, 25 subsection 4. 26 Sec. 207. EFFECTIVE DATE. The following provision or 27 provisions of this division of this Act take effect July 1, 28 2017: 29 1. The section of this Act amending section 124.401, 30 subsection 5, unnumbered paragraph 3. 31 Sec. 208. RETROACTIVE APPLICABILITY. The following 32 provision or provisions of this division of this Act apply 33 retroactively to July 1, 2010: 34 1. The section of this Act amending section 237A.30, 35 -91- LSB 2080SC (28) 86 lh/rj 91/ 140
S.F. _____ subsection 1. 1 Sec. 209. RETROACTIVE APPLICABILITY. The following 2 provision or provisions of this division of this Act apply 3 retroactively to July 1, 2014: 4 1. The section of this Act amending section 321.34, 5 subsection 27, paragraph “a”. 6 Sec. 210. RETROACTIVE APPLICABILITY. The following 7 provision or provisions of this division of this Act apply 8 retroactively to January 1, 2014, for tax years beginning on 9 or after that date: 10 1. The section of this Act amending section 422.11L. 11 DIVISION II 12 REENACTMENT OF DIVISION II OF 2014 IOWA ACTS, CH. 1106 13 Sec. 211. NEW SECTION . 135.153A Safety net provider 14 recruitment and retention initiatives program —— repeal. 15 The department, in accordance with efforts pursuant to 16 sections 135.163 and 135.164 and in cooperation with the Iowa 17 collaborative safety net provider network governing group as 18 described in section 135.153, shall establish and administer 19 a safety net provider recruitment and retention initiatives 20 program to address the health care workforce shortage relative 21 to safety net providers. Funding for the program may be 22 provided through the health care workforce shortage fund or 23 the safety net provider network workforce shortage account 24 created in section 135.175. The department, in cooperation 25 with the governing group, shall adopt rules pursuant to chapter 26 17A to implement and administer such program. This section is 27 repealed June 30, 2016. 28 Sec. 212. NEW SECTION . 135.175 Health care workforce 29 support initiative —— workforce shortage fund —— accounts. 30 1. a. A health care workforce support initiative is 31 established to provide for the coordination and support of 32 various efforts to address the health care workforce shortage 33 in this state. This initiative shall include the medical 34 residency training state matching grants program created in 35 -92- LSB 2080SC (28) 86 lh/rj 92/ 140
S.F. _____ section 135.176, the nurse residency state matching grants 1 program created in section 135.178, the fulfilling Iowa’s need 2 for dentists matching grant program created in section 135.179, 3 the health care professional incentive payment program and 4 Iowa needs nurses now initiative created in sections 261.128 5 and 261.129, the safety net provider recruitment and retention 6 initiatives program created in section 135.153A, health care 7 workforce shortage national initiatives, and the physician 8 assistant mental health fellowship program created in section 9 135.177. 10 b. A health care workforce shortage fund is created in 11 the state treasury as a separate fund under the control of 12 the department, in cooperation with the entities identified 13 in this section as having control over the accounts within 14 the fund. The fund and the accounts within the fund shall 15 be controlled and managed in a manner consistent with the 16 principles specified and the strategic plan developed pursuant 17 to sections 135.163 and 135.164. 18 2. The fund and the accounts within the fund shall consist 19 of moneys appropriated from the general fund of the state for 20 the purposes of the fund or the accounts within the fund; 21 moneys received from the federal government for the purposes of 22 addressing the health care workforce shortage; contributions, 23 grants, and other moneys from communities and health care 24 employers; and moneys from any other public or private source 25 available. 26 3. The department and any entity identified in this section 27 as having control over any of the accounts within the fund, 28 may receive contributions, grants, and in-kind contributions 29 to support the purposes of the fund and the accounts within 30 the fund. Not more than five percent of the moneys allocated 31 to any account within the fund may be used for administrative 32 costs. 33 4. The fund and the accounts within the fund shall be 34 separate from the general fund of the state and shall not be 35 -93- LSB 2080SC (28) 86 lh/rj 93/ 140
S.F. _____ considered part of the general fund of the state. The moneys 1 in the fund and the accounts within the fund shall not be 2 considered revenue of the state, but rather shall be moneys 3 of the fund or the accounts. The moneys in the fund and the 4 accounts within the fund are not subject to section 8.33 and 5 shall not be transferred, used, obligated, appropriated, or 6 otherwise encumbered, except to provide for the purposes of 7 this section. Notwithstanding section 12C.7, subsection 2, 8 interest or earnings on moneys deposited in the fund shall be 9 credited to the fund and the accounts within the fund. 10 5. The fund shall consist of the following accounts: 11 a. The medical residency training account. The medical 12 residency training account shall be under the control of the 13 department and the moneys in the account shall be used for 14 the purposes of the medical residency training state matching 15 grants program as specified in section 135.176. Moneys in 16 the account shall consist of moneys appropriated or allocated 17 for deposit in or received by the fund or the account and 18 specifically dedicated to the medical residency training state 19 matching grants program or account for the purposes of such 20 account. 21 b. The health care professional and Iowa needs nurses now 22 initiative account. The health care professional and Iowa 23 needs nurses now initiative account shall be under the control 24 of the college student aid commission created in section 261.1 25 and the moneys in the account shall be used for the purposes 26 of the health care professional incentive payment program and 27 the Iowa needs nurses now initiative as specified in sections 28 261.128 and 261.129. Moneys in the account shall consist of 29 moneys appropriated or allocated for deposit in or received 30 by the fund or the account and specifically dedicated to the 31 health care professional and Iowa needs nurses now initiative 32 or the account for the purposes of the account. 33 c. The safety net provider network workforce shortage 34 account. The safety net provider network workforce shortage 35 -94- LSB 2080SC (28) 86 lh/rj 94/ 140
S.F. _____ account shall be under the control of the governing group of 1 the Iowa collaborative safety net provider network created in 2 section 135.153 and the moneys in the account shall be used 3 for the purposes of the safety net provider recruitment and 4 retention initiatives program as specified in section 135.153A. 5 Moneys in the account shall consist of moneys appropriated 6 or allocated for deposit in or received by the fund or the 7 account and specifically dedicated to the safety net provider 8 recruitment and retention initiatives program or the account 9 for the purposes of the account. 10 d. The health care workforce shortage national initiatives 11 account. The health care workforce shortage national 12 initiatives account shall be under the control of the state 13 entity identified for receipt of the federal funds by the 14 federal government entity through which the federal funding 15 is available for a specified health care workforce shortage 16 initiative. Moneys in the account shall consist of moneys 17 appropriated or allocated for deposit in or received by the 18 fund or the account and specifically dedicated to health care 19 workforce shortage national initiatives or the account and for 20 a specified health care workforce shortage initiative. 21 e. The physician assistant mental health fellowship program 22 account. The physician assistant mental health fellowship 23 program account shall be under the control of the department 24 and the moneys in the account shall be used for the purposes 25 of the physician assistant mental health fellowship program 26 as specified in section 135.177. Moneys in the account shall 27 consist of moneys appropriated or allocated for deposit in or 28 received by the fund or the account and specifically dedicated 29 to the physician assistant mental health fellowship program or 30 the account for the purposes of the account. 31 f. The Iowa needs nurses now infrastructure account. The 32 Iowa needs nurses now infrastructure account shall be under 33 the control of the department and the moneys in the account 34 shall be used to award grants in accordance with rules adopted 35 -95- LSB 2080SC (28) 86 lh/rj 95/ 140
S.F. _____ by the department, in consultation with the board of nursing, 1 the department of education, and a statewide association that 2 represents nurses specified by the director, pursuant to 3 chapter 17A, for clinical simulators, laboratory facilities, 4 health information technology, and other infrastructure to 5 improve the training of nurses and nurse educators in the state 6 and to enhance the clinical experience for nurses. Grants 7 awarded shall authorize the use of a reasonable portion of the 8 grant moneys for training in the use of the infrastructure 9 purchased with the grant moneys. Moneys in the account shall 10 consist of moneys appropriated or allocated for deposit in or 11 received by the fund or the account and specifically dedicated 12 to the Iowa needs nurses now infrastructure account for the 13 purposes of the account. 14 g. The nurse residency state matching grants program 15 account. The nurse residency state matching grants program 16 account shall be under the control of the department and the 17 moneys in the account shall be used for the purposes of the 18 nurse residency state matching grants program as specified 19 in section 135.178. Moneys in the account shall consist of 20 moneys appropriated or allocated for deposit in or received 21 by the fund or the account and specifically dedicated to the 22 nurse residency state matching grants program account for the 23 purposes of such account. 24 h. The fulfilling Iowa’s need for dentists matching grant 25 program account. The fulfilling Iowa’s need for dentists 26 matching grant program account shall be under the control of 27 the department and the moneys in the account shall be used 28 for the purposes of the fulfilling Iowa’s need for dentists 29 matching grant program as specified in section 135.179. 30 Moneys in the account shall consist of moneys appropriated or 31 allocated for deposit in the account or received by the fund 32 or the account and specifically dedicated to the fulfilling 33 Iowa’s need for dentists matching grant program account for the 34 purposes of such account. 35 -96- LSB 2080SC (28) 86 lh/rj 96/ 140
S.F. _____ 6. a. Moneys in the fund and the accounts in the fund 1 shall only be appropriated in a manner consistent with the 2 principles specified and the strategic plan developed pursuant 3 to sections 135.163 and 135.164 to support the medical 4 residency training state matching grants program, the nurse 5 residency state matching grants program, the fulfilling Iowa’s 6 need for dentists matching grant program, the health care 7 professional incentive payment program, the Iowa needs nurses 8 now initiative, the safety net recruitment and retention 9 initiatives program, for national health care workforce 10 shortage initiatives, for the physician assistant mental health 11 fellowship program, for the purposes of the Iowa needs nurses 12 now infrastructure account, and to provide funding for state 13 health care workforce shortage programs as provided in this 14 section. 15 b. State programs that may receive funding from the fund 16 and the accounts in the fund, if specifically designated 17 for the purpose of drawing down federal funding, are the 18 primary care recruitment and retention endeavor (PRIMECARRE), 19 the Iowa affiliate of the national rural recruitment and 20 retention network, the primary care office shortage designation 21 program, the state office of rural health, and the Iowa health 22 workforce center, administered through the bureau of health 23 care access of the department of public health; the area 24 health education centers programs at Des Moines university —— 25 osteopathic medical center and the university of Iowa; the Iowa 26 collaborative safety net provider network established pursuant 27 to section 135.153; any entity identified by the federal 28 government entity through which federal funding for a specified 29 health care workforce shortage initiative is received; and 30 a program developed in accordance with the strategic plan 31 developed by the department of public health in accordance with 32 sections 135.163 and 135.164. 33 c. State appropriations to the fund shall be allocated in 34 equal amounts to each of the accounts within the fund, unless 35 -97- LSB 2080SC (28) 86 lh/rj 97/ 140
S.F. _____ otherwise specified in the appropriation or allocation. Any 1 federal funding received for the purposes of addressing state 2 health care workforce shortages shall be deposited in the 3 health care workforce shortage national initiatives account, 4 unless otherwise specified by the source of the funds, and 5 shall be used as required by the source of the funds. If 6 use of the federal funding is not designated, twenty-five 7 percent of such funding shall be deposited in the safety net 8 provider network workforce shortage account to be used for the 9 purposes of the account and the remainder of the funds shall 10 be used in accordance with the strategic plan developed by the 11 department of public health in accordance with sections 135.163 12 and 135.164, or to address workforce shortages as otherwise 13 designated by the department of public health. Other sources 14 of funding shall be deposited in the fund or account and used 15 as specified by the source of the funding. 16 7. No more than five percent of the moneys in any of the 17 accounts within the fund, not to exceed one hundred thousand 18 dollars in each account, shall be used for administrative 19 purposes, unless otherwise provided by the appropriation, 20 allocation, or source of the funds. 21 8. The department, in cooperation with the entities 22 identified in this section as having control over any of the 23 accounts within the fund, shall submit an annual report to the 24 governor and the general assembly regarding the status of the 25 health care workforce support initiative, including the balance 26 remaining in and appropriations from the health care workforce 27 shortage fund and the accounts within the fund. 28 Sec. 213. NEW SECTION . 135.176 Medical residency training 29 state matching grants program. 30 1. The department shall establish a medical residency 31 training state matching grants program to provide matching 32 state funding to sponsors of accredited graduate medical 33 education residency programs in this state to establish, 34 expand, or support medical residency training programs. 35 -98- LSB 2080SC (28) 86 lh/rj 98/ 140
S.F. _____ Funding for the program may be provided through the health 1 care workforce shortage fund or the medical residency training 2 account created in section 135.175. For the purposes of this 3 section, unless the context otherwise requires, “accredited” 4 means a graduate medical education program approved by the 5 accreditation council for graduate medical education or the 6 American osteopathic association. The grant funds may be 7 used to support medical residency programs through any of the 8 following: 9 a. The establishment of new or alternative campus accredited 10 medical residency training programs. For the purposes of 11 this paragraph, “new or alternative campus accredited medical 12 residency training program” means a program that is accredited 13 by a recognized entity approved for such purpose by the 14 accreditation council for graduate medical education or the 15 American osteopathic association with the exception that 16 a new medical residency training program that, by reason 17 of an insufficient period of operation is not eligible for 18 accreditation on or before the date of submission of an 19 application for a grant, may be deemed accredited if the 20 accreditation council for graduate medical education or the 21 American osteopathic association finds, after consultation with 22 the appropriate accreditation entity, that there is reasonable 23 assurance that the program will meet the accreditation 24 standards of the entity prior to the date of graduation of the 25 initial class in the program. 26 b. The provision of new residency positions within existing 27 accredited medical residency or fellowship training programs. 28 c. The funding of residency positions which are in excess of 29 the federal residency cap. For the purposes of this paragraph, 30 “in excess of the federal residency cap” means a residency 31 position for which no federal Medicare funding is available 32 because the residency position is a position beyond the cap for 33 residency positions established by the federal Balanced Budget 34 Act of 1997, Pub. L. No. 105-33. 35 -99- LSB 2080SC (28) 86 lh/rj 99/ 140
S.F. _____ 2. The department shall adopt rules pursuant to chapter 17A 1 to provide for all of the following: 2 a. Eligibility requirements for and qualifications 3 of a sponsor of an accredited graduate medical education 4 residency program to receive a grant. The requirements and 5 qualifications shall include but are not limited to all of the 6 following: 7 (1) Only a sponsor that establishes a dedicated fund to 8 support a residency program that meets the specifications of 9 this section shall be eligible to receive a matching grant. A 10 sponsor funding residency positions in excess of the federal 11 residency cap, as defined in subsection 1, paragraph “c” , 12 exclusive of funds provided under the medical residency 13 training state matching grants program established in this 14 section, is deemed to have satisfied this requirement and 15 shall be eligible for a matching grant equal to the amount of 16 funds expended for such residency positions, subject to the 17 limitation on the maximum award of grant funds specified in 18 paragraph “e” . 19 (2) A sponsor shall demonstrate, through documented 20 financial information as prescribed by rule of the department, 21 that funds have been reserved and will be expended by the 22 sponsor in the amount required to provide matching funds for 23 each residency proposed in the request for state matching 24 funds. 25 (3) A sponsor shall demonstrate, through objective evidence 26 as prescribed by rule of the department, a need for such 27 residency program in the state. 28 b. The application process for the grant. 29 c. Criteria for preference in awarding of the grants, 30 including preference in the residency specialty. 31 d. Determination of the amount of a grant. The total amount 32 of a grant awarded to a sponsor shall be limited to no more 33 than twenty-five percent of the amount that the sponsor has 34 demonstrated through documented financial information has been 35 -100- LSB 2080SC (28) 86 lh/rj 100/ 140
S.F. _____ reserved and will be expended by the sponsor for each residency 1 sponsored for the purpose of the residency program. 2 e. The maximum award of grant funds to a particular 3 individual sponsor per year. An individual sponsor shall not 4 receive more than twenty-five percent of the state matching 5 funds available each year to support the program. However, 6 if less than ninety-five percent of the available funds has 7 been awarded in a given year, a sponsor may receive more than 8 twenty-five percent of the state matching funds available 9 if total funds awarded do not exceed ninety-five percent of 10 the available funds. If more than one sponsor meets the 11 requirements of this section and has established, expanded, 12 or supported a graduate medical residency training program, 13 as specified in subsection 1, in excess of the sponsor’s 14 twenty-five percent maximum share of state matching funds, the 15 state matching funds shall be divided proportionately among 16 such sponsors. 17 f. Use of the funds awarded. Funds may be used to pay the 18 costs of establishing, expanding, or supporting an accredited 19 graduate medical education program as specified in this 20 section, including but not limited to the costs associated with 21 residency stipends and physician faculty stipends. 22 Sec. 214. NEW SECTION . 135.177 Physician assistant mental 23 health fellowship program —— repeal. 24 1. The department, in cooperation with the college student 25 aid commission, shall establish a physician assistant mental 26 health fellowship program in accordance with this section. 27 Funding for the program may be provided through the health 28 care workforce shortage fund or the physician assistant mental 29 health fellowship program account created in section 135.175. 30 The purpose of the program is to determine the effect of 31 specialized training and support for physician assistants in 32 providing mental health services on addressing Iowa’s shortage 33 of mental health professionals. 34 2. The program shall provide for all of the following: 35 -101- LSB 2080SC (28) 86 lh/rj 101/ 140
S.F. _____ a. Collaboration with a hospital serving a thirteen-county 1 area in central Iowa that provides a clinic at the Iowa 2 veterans home, a private nonprofit agency headquartered in a 3 city with a population of more than one hundred ninety thousand 4 that operates a freestanding psychiatric medical institution 5 for children, a private university with a medical school 6 educating osteopathic physicians located in a city with a 7 population of more than one hundred ninety thousand, the Iowa 8 veterans home, and any other clinical partner designated for 9 the program. Population figures used in this paragraph refer 10 to the most recent certified federal census. The clinical 11 partners shall provide supervision, clinical experience, 12 training, and other support for the program and physician 13 assistant students participating in the program. 14 b. Elderly, youth, and general population clinical 15 experiences. 16 c. A fellowship of twelve months for three physician 17 assistant students, annually. 18 d. Supervision of students participating in the program 19 provided by the university and the other clinical partners 20 participating in the program. 21 e. A student participating in the program shall be eligible 22 for a stipend of not more than fifty thousand dollars for the 23 twelve months of the fellowship plus related fringe benefits. 24 In addition, a student who completes the program and practices 25 in Iowa in a mental health professional shortage area, as 26 defined in section 135.180, shall be eligible for up to twenty 27 thousand dollars in loan forgiveness. The stipend and loan 28 forgiveness provisions shall be determined by the department 29 and the college student aid commission, in consultation with 30 the clinical partners. 31 f. The state and private entity clinical partners shall 32 regularly evaluate and document their experiences with the 33 approaches utilized and outcomes achieved by the program 34 to identify an optimal model for operating the program. 35 -102- LSB 2080SC (28) 86 lh/rj 102/ 140
S.F. _____ The evaluation process shall include but is not limited 1 to identifying ways the program’s clinical and training 2 components could be modified to facilitate other student and 3 practicing physician assistants specializing as mental health 4 professionals. 5 3. This section is repealed June 30, 2016. 6 Sec. 215. NEW SECTION . 135.178 Nurse residency state 7 matching grants program —— repeal. 8 1. The department shall establish a nurse residency state 9 matching grants program to provide matching state funding 10 to sponsors of nurse residency programs in this state to 11 establish, expand, or support nurse residency programs that 12 meet standards adopted by rule of the department. Funding for 13 the program may be provided through the health care workforce 14 shortage fund or the nurse residency state matching grants 15 program account created in section 135.175. The department, 16 in cooperation with the Iowa board of nursing, the department 17 of education, Iowa institutions of higher education with board 18 of nursing-approved programs to educate nurses, and the Iowa 19 nurses association, shall adopt rules pursuant to chapter 17A 20 to establish minimum standards for nurse residency programs 21 to be eligible for a matching grant that address all of the 22 following: 23 a. Eligibility requirements for and qualifications of 24 a sponsor of a nurse residency program to receive a grant, 25 including that the program includes both rural and urban 26 components. 27 b. The application process for the grant. 28 c. Criteria for preference in awarding of the grants. 29 d. Determination of the amount of a grant. 30 e. Use of the funds awarded. Funds may be used to pay 31 the costs of establishing, expanding, or supporting a nurse 32 residency program as specified in this section, including but 33 not limited to the costs associated with residency stipends and 34 nursing faculty stipends. 35 -103- LSB 2080SC (28) 86 lh/rj 103/ 140
S.F. _____ 2. This section is repealed June 30, 2016. 1 Sec. 216. NEW SECTION . 261.128 Health care professional 2 incentive payment program —— repeal. 3 1. The commission shall establish a health care 4 professional incentive payment program to recruit and retain 5 health care professionals in this state. Funding for the 6 program may be provided through the health care workforce 7 shortage fund or the health care professional and Iowa needs 8 nurses now initiative account created in section 135.175. 9 2. The commission shall administer the incentive payment 10 program with the assistance of Des Moines university —— 11 osteopathic medical center. 12 3. The commission, with the assistance of Des Moines 13 university —— osteopathic medical center, shall adopt rules 14 pursuant to chapter 17A relating to the establishment and 15 administration of the health care professional incentive 16 payment program. The rules adopted shall address all of the 17 following: 18 a. Eligibility and qualification requirements for a 19 health care professional, a community, and a health care 20 employer to participate in the incentive payment program. Any 21 community in the state and all health care specialties shall be 22 considered for participation. However, health care employers 23 located in and communities that are designated as medically 24 underserved areas or populations or that are designated as 25 health professional shortage areas by the health resources 26 and services administration of the United States department 27 of health and human services shall have first priority in the 28 awarding of incentive payments. 29 (1) To be eligible, a health care professional at a minimum 30 must not have any unserved obligations to a federal, state, or 31 local government or other entity that would prevent compliance 32 with obligations under the agreement for the incentive payment; 33 must have a current and unrestricted license to practice the 34 professional’s respective profession; and must be able to begin 35 -104- LSB 2080SC (28) 86 lh/rj 104/ 140
S.F. _____ full-time clinical practice upon signing an agreement for an 1 incentive payment. 2 (2) To be eligible, a community must provide a clinical 3 setting for full-time practice of a health care professional 4 and must provide a fifty thousand dollar matching contribution 5 for a physician and a fifteen thousand dollar matching 6 contribution for any other health care professional to receive 7 an equal amount of state matching funds. 8 (3) To be eligible, a health care employer must provide 9 a clinical setting for a full-time practice of a health care 10 professional and must provide a fifty thousand dollar matching 11 contribution for a physician and a fifteen thousand dollar 12 matching contribution for any other health care professional to 13 receive an equal amount of state matching funds. 14 b. The process for awarding incentive payments. The 15 commission shall receive recommendations from the department 16 of public health regarding selection of incentive payment 17 recipients. The process shall require each recipient to 18 enter into an agreement with the commission that specifies 19 the obligations of the recipient and the commission prior to 20 receiving the incentive payment. 21 c. Public awareness regarding the program including 22 notification of potential health care professionals, 23 communities, and health care employers about the program and 24 dissemination of applications to appropriate entities. 25 d. Measures regarding all of the following: 26 (1) The amount of the incentive payment and the specifics 27 of obligated service for an incentive payment recipient. An 28 incentive payment recipient shall agree to provide service in 29 full-time clinical practice for a minimum of four consecutive 30 years. If an incentive payment recipient is sponsored by a 31 community or health care employer, the obligated service shall 32 be provided in the sponsoring community or health care employer 33 location. An incentive payment recipient sponsored by a health 34 care employer shall agree to provide health care services as 35 -105- LSB 2080SC (28) 86 lh/rj 105/ 140
S.F. _____ specified in an employment agreement with the sponsoring health 1 care employer. 2 (2) Determination of the conditions of the incentive 3 payment applicable to an incentive payment recipient. At 4 the time of approval for participation in the program, an 5 incentive payment recipient shall be required to submit proof 6 of indebtedness incurred as the result of obtaining loans to 7 pay for educational costs resulting in a degree in health 8 sciences. For the purposes of this subparagraph, “indebtedness” 9 means debt incurred from obtaining a government or commercial 10 loan for actual costs paid for tuition, reasonable education 11 expenses, and reasonable living expenses related to the 12 graduate, undergraduate, or associate education of a health 13 care professional. 14 (3) Enforcement of the state’s rights under an incentive 15 payment agreement, including the commencement of any court 16 action. A recipient who fails to fulfill the requirements 17 of the incentive payment agreement is subject to repayment 18 of the incentive payment in an amount equal to the amount of 19 the incentive payment. A recipient who fails to meet the 20 requirements of the incentive payment agreement may also be 21 subject to repayment of moneys advanced by a community or 22 health care employer as provided in any agreement with the 23 community or employer. 24 (4) A process for monitoring compliance with eligibility 25 requirements, obligated service provisions, and use of funds by 26 recipients to verify eligibility of recipients and to ensure 27 that state, federal, and other matching funds are used in 28 accordance with program requirements. 29 (5) The use of the funds received. Any portion of the 30 incentive payment that is attributable to federal funds shall 31 be used as required by the federal entity providing the funds. 32 Any portion of the incentive payment that is attributable 33 to state funds shall first be used toward payment of any 34 outstanding loan indebtedness of the recipient. The remaining 35 -106- LSB 2080SC (28) 86 lh/rj 106/ 140
S.F. _____ portion of the incentive payment shall be used as specified in 1 the incentive payment agreement. 2 4. A recipient is responsible for reporting on federal 3 income tax forms any amount received through the program, 4 to the extent required by federal law. Incentive payments 5 received through the program by a recipient in compliance with 6 the requirements of the incentive payment program are exempt 7 from state income taxation. 8 5. This section is repealed June 30, 2016. 9 Sec. 217. NEW SECTION . 261.129 Iowa needs nurses now 10 initiative —— repeal. 11 1. Nurse educator incentive payment program. 12 a. The commission shall establish a nurse educator 13 incentive payment program. Funding for the program may be 14 provided through the health care workforce shortage fund or the 15 health care professional and Iowa needs nurses now initiative 16 account created in section 135.175. For the purposes of this 17 subsection, “nurse educator” means a registered nurse who holds 18 a master’s degree or doctorate degree and is employed as a 19 faculty member who teaches nursing in a nursing education 20 program as provided in 655 IAC 2.6 at a community college, an 21 accredited private institution, or an institution of higher 22 education governed by the state board of regents. 23 b. The program shall consist of incentive payments to 24 recruit and retain nurse educators. The program shall provide 25 for incentive payments of up to twenty thousand dollars for a 26 nurse educator who remains teaching in a qualifying teaching 27 position for a period of not less than four consecutive 28 academic years. 29 c. The nurse educator and the commission shall enter into an 30 agreement specifying the obligations of the nurse educator and 31 the commission. If the nurse educator leaves the qualifying 32 teaching position prior to teaching for four consecutive 33 academic years, the nurse educator shall be liable to repay 34 the incentive payment amount to the state, plus interest as 35 -107- LSB 2080SC (28) 86 lh/rj 107/ 140
S.F. _____ specified by rule. However, if the nurse educator leaves 1 the qualifying teaching position involuntarily, the nurse 2 educator shall be liable to repay only a pro rata amount of the 3 incentive payment based on incompleted years of service. 4 d. The commission, in consultation with the department 5 of public health, the board of nursing, the department of 6 education, and the Iowa nurses association, shall adopt rules 7 pursuant to chapter 17A relating to the establishment and 8 administration of the nurse educator incentive payment program. 9 The rules shall include provisions specifying what constitutes 10 a qualifying teaching position. 11 2. Nursing faculty fellowship program. 12 a. The commission shall establish a nursing faculty 13 fellowship program to provide funds to nursing schools in the 14 state, including but not limited to nursing schools located at 15 community colleges, for fellowships for individuals employed 16 in qualifying positions on the nursing faculty. Funding for 17 the program may be provided through the health care workforce 18 shortage fund or the health care professional and the Iowa 19 needs nurses now initiative account created in section 135.175. 20 The program shall be designed to assist nursing schools in 21 filling vacancies in qualifying positions throughout the state. 22 b. The commission, in consultation with the department 23 of public health, the board of nursing, the department of 24 education, and the Iowa nurses association, and in cooperation 25 with nursing schools throughout the state, shall develop a 26 distribution formula which shall provide that no more than 27 thirty percent of the available moneys are awarded to a single 28 nursing school. Additionally, the program shall limit funding 29 for a qualifying position in a nursing school to no more than 30 ten thousand dollars per year for up to three years. 31 c. The commission, in consultation with the department 32 of public health, the board of nursing, the department of 33 education, and the Iowa nurses association, shall adopt 34 rules pursuant to chapter 17A to administer the program. The 35 -108- LSB 2080SC (28) 86 lh/rj 108/ 140
S.F. _____ rules shall include provisions specifying what constitutes a 1 qualifying position at a nursing school. 2 d. In determining eligibility for a fellowship, the 3 commission shall consider all of the following: 4 (1) The length of time a qualifying position has gone 5 unfilled at a nursing school. 6 (2) Documented recruiting efforts by a nursing school. 7 (3) The geographic location of a nursing school. 8 (4) The type of nursing program offered at the nursing 9 school, including associate, bachelor’s, master’s, or doctoral 10 degrees in nursing, and the need for the specific nursing 11 program in the state. 12 3. Nurse educator scholarship program. 13 a. The commission shall establish a nurse educator 14 scholarship program. Funding for the program may be provided 15 through the health care workforce shortage fund or the health 16 care professional and the Iowa needs nurses now initiative 17 account created in section 135.175. The goal of the nurse 18 educator scholarship program is to address the waiting list of 19 qualified applicants to Iowa’s nursing schools by providing 20 incentives for the training of additional nursing educators. 21 For the purposes of this subsection, “nurse educator” means 22 a registered nurse who holds a master’s degree or doctorate 23 degree and is employed as a faculty member who teaches nursing 24 in a nursing education program as provided in 655 IAC 2.6 at 25 a community college, an accredited private institution, or an 26 institution of higher education governed by the state board of 27 regents. 28 b. The program shall consist of scholarships to further 29 advance the education of nurses to become nurse educators. The 30 program shall provide for scholarship payments in an amount 31 established by rule for students who are preparing to teach in 32 qualifying teaching positions. 33 c. The commission, in consultation with the department 34 of public health, the board of nursing, the department of 35 -109- LSB 2080SC (28) 86 lh/rj 109/ 140
S.F. _____ education, and the Iowa nurses association, shall adopt rules 1 pursuant to chapter 17A relating to the establishment and 2 administration of the nurse educator scholarship program. The 3 rules shall include provisions specifying what constitutes a 4 qualifying teaching position and the amount of any scholarship. 5 4. Nurse educator scholarship-in-exchange-for-service 6 program. 7 a. The commission shall establish a nurse educator 8 scholarship-in-exchange-for-service program. Funding for the 9 program may be provided through the health care workforce 10 shortage fund or the health care professional and Iowa needs 11 nurses now initiative account created in section 135.175. The 12 goal of the nurse educator scholarship-in-exchange-for-service 13 program is to address the waiting list of qualified applicants 14 to Iowa’s nursing schools by providing incentives for the 15 education of additional nursing educators. For the purposes 16 of this subsection, “nurse educator” means a registered nurse 17 who holds a master’s degree or doctorate degree and is employed 18 as a faculty member who teaches nursing in a nursing education 19 program as provided in 655 IAC 2.6 at a community college, an 20 accredited private institution, or an institution of higher 21 education governed by the state board of regents. 22 b. The program shall consist of scholarships to further 23 advance the education of nurses to become nurse educators. The 24 program shall provide for scholarship-in-exchange-for-service 25 payments in an amount established by rule for students who 26 are preparing to teach in qualifying teaching positions for a 27 period of not less than four consecutive academic years. 28 c. The scholarship-in-exchange-for-service recipient 29 and the commission shall enter into an agreement specifying 30 the obligations of the applicant and the commission. 31 If the nurse educator leaves the qualifying teaching 32 position prior to teaching for four consecutive academic 33 years, the nurse educator shall be liable to repay the 34 scholarship-in-exchange-for-service amount to the state plus 35 -110- LSB 2080SC (28) 86 lh/rj 110/ 140
S.F. _____ interest as specified by rule. However, if the nurse educator 1 leaves the qualified teaching position involuntarily, the nurse 2 educator shall be liable to repay only a pro rata amount of the 3 scholarship based on incomplete years of service. 4 d. The receipt of a nurse educator 5 scholarship-in-exchange-for-service shall not impact 6 eligibility of an individual for other financial incentives 7 including but not limited to loan forgiveness programs. 8 e. The commission, in consultation with the department 9 of public health, the board of nursing, the department 10 of education, and the Iowa nurses association, shall 11 adopt rules pursuant to chapter 17A relating to the 12 establishment and administration of the nurse educator 13 scholarship-in-exchange-for-service program. The rules 14 shall include the provisions specifying what constitutes 15 a qualifying teaching position and the amount of any 16 scholarship-in-exchange-for-service. 17 5. Repeal. This section is repealed June 30, 2016. 18 Sec. 218. EFFECTIVE UPON ENACTMENT. This division of this 19 Act, being deemed of immediate importance, takes effect upon 20 enactment. 21 Sec. 219. RETROACTIVE APPLICABILITY. This division of this 22 Act applies retroactively to June 30, 2014. 23 DIVISION III 24 REENACTMENT OF DIVISION III OF 2014 IOWA ACTS, CH. 1106 25 Sec. 220. Section 135.175, subsection 1, paragraph a, as 26 enacted in this Act, is amended to read as follows: 27 a. A health care workforce support initiative is established 28 to provide for the coordination and support of various efforts 29 to address the health care workforce shortage in this state. 30 This initiative shall include the medical residency training 31 state matching grants program created in section 135.176 , 32 the nurse residency state matching grants program created 33 in section 135.178, the fulfilling Iowa’s need for dentists 34 matching grant program created in section 135.179, the health 35 -111- LSB 2080SC (28) 86 lh/rj 111/ 140
S.F. _____ care professional incentive payment program and Iowa needs 1 nurses now initiative created in sections 261.128 and 261.129, 2 the safety net provider recruitment and retention initiatives 3 program created in section 135.153A, and health care workforce 4 shortage national initiatives , and the physician assistant 5 mental health fellowship program created in section 135.177 . 6 Sec. 221. Section 135.175, subsection 5, paragraphs b, c, e, 7 f, and g, as enacted in this Act, are amended by striking the 8 paragraphs. 9 Sec. 222. Section 135.175, subsection 6, paragraphs a and c, 10 as enacted in this Act, are amended to read as follows: 11 a. Moneys in the fund and the accounts in the fund 12 shall only be appropriated in a manner consistent with the 13 principles specified and the strategic plan developed pursuant 14 to sections 135.163 and 135.164 to support the medical 15 residency training state matching grants program, the nurse 16 residency state matching grants program, the fulfilling Iowa’s 17 need for dentists matching grant program, the health care 18 professional incentive payment program, the Iowa needs nurses 19 now initiative, the safety net recruitment and retention 20 initiatives program, for national health care workforce 21 shortage initiatives, for the physician assistant mental health 22 fellowship program, for the purposes of the Iowa needs nurses 23 now infrastructure account, and to provide funding for state 24 health care workforce shortage programs as provided in this 25 section. 26 c. State appropriations to the fund shall be allocated in 27 equal amounts to each of the accounts within the fund, unless 28 otherwise specified in the appropriation or allocation. Any 29 federal funding received for the purposes of addressing state 30 health care workforce shortages shall be deposited in the 31 health care workforce shortage national initiatives account, 32 unless otherwise specified by the source of the funds, and 33 shall be used as required by the source of the funds. If 34 use of the federal funding is not designated, twenty-five 35 -112- LSB 2080SC (28) 86 lh/rj 112/ 140
S.F. _____ percent of such funding shall be deposited in the safety net 1 provider network workforce shortage account to be used for the 2 purposes of the account and the remainder of the funds shall 3 be used in accordance with the strategic plan developed by the 4 department of public health in accordance with sections 135.163 5 and 135.164, or to address workforce shortages as otherwise 6 designated by the department of public health. Other sources 7 of funding shall be deposited in the fund or account and used 8 as specified by the source of the funding. 9 Sec. 223. EFFECTIVE DATE. This division of this Act takes 10 effect July 1, 2016. 11 DIVISION IV 12 CORRESPONDING CHANGES 13 Sec. 224. Section 249A.3, subsection 11, paragraph b, Code 14 2015, is amended to read as follows: 15 b. The department shall exercise the option provided in 16 42 U.S.C. §1396p(c) to provide a period of ineligibility 17 for medical assistance due to a transfer of assets by 18 a noninstitutionalized individual or the spouse of a 19 noninstitutionalized individual. For noninstitutionalized 20 individuals, the number of months of ineligibility shall be 21 equal to the total, cumulative uncompensated value of all 22 assets transferred by the individual or the individual’s 23 spouse on or after the look-back date specified in 42 24 U.S.C. §1396p(c)(1)(B)(i), divided by the average monthly 25 cost to a private patient for nursing facility services in 26 Iowa at the time of application. The services for which 27 noninstitutionalized individuals shall be made ineligible 28 shall include any long-term care services for which medical 29 assistance is otherwise available. Notwithstanding section 30 17A.4 , the department may adopt rules providing a period of 31 ineligibility for medical assistance due to a transfer of 32 assets by a noninstitutionalized individual or the spouse of a 33 noninstitutionalized individual without notice of opportunity 34 for public comment, to be effective immediately upon filing 35 -113- LSB 2080SC (28) 86 lh/rj 113/ 140
S.F. _____ under section 17A.5, subsection 2 , paragraph “b” , subparagraph 1 (1) , subparagraph division (a) . 2 Sec. 225. Section 519A.4, subsection 1, paragraph a, Code 3 2015, is amended to read as follows: 4 a. The association shall submit a plan of operation to 5 the commissioner, together with any amendments necessary 6 or suitable to assure the fair, reasonable, and equitable 7 administration of the association consistent with sections 8 519A.2 to 519A.13 . The plan of operation and any amendments 9 thereto shall become effective only after promulgation of 10 the plan or amendment by the commissioner as a rule pursuant 11 to section 17A.4 : Provided that the initial plan may in the 12 discretion of the commissioner become effective immediately 13 upon filing with the secretary of state pursuant to section 14 17A.5, subsection 2 , paragraph “b”, subparagraph (1) , 15 subparagraph division (a) . 16 EXPLANATION 17 The inclusion of this explanation does not constitute agreement with 18 the explanation’s substance by the members of the general assembly. 19 This bill contains statutory corrections that adjust 20 language to reflect current practices, insert earlier 21 omissions, delete redundancies and inaccuracies, delete 22 temporary language, resolve inconsistencies and conflicts, 23 update ongoing provisions, or remove ambiguities. The Code 24 sections amended include the following: 25 DIVISION I: Section 8A.315: Adds an internal reference to 26 subsection 2, paragraph “e”, to reflect the addition of a new 27 exception to requirements for purchase of recycled printing and 28 writing paper by 2014 Iowa Acts, ch. 1036, §6. 29 Section 8A.504: Replaces the word “it” with the words “the 30 public agency” in language regarding information pertaining to 31 the names of certain persons forwarded to the department of 32 administrative services or other collection entity by public 33 agencies which are owed or which owe a debt. 34 Sections 12B.10, 12B.10C, 490.1302, 502A.4, and 551A.4: 35 -114- LSB 2080SC (28) 86 lh/rj 114/ 140
S.F. _____ Updates United State code references to the federal Investment 1 Company and Investment Advisor Acts of 1940 to reflect the 2 current codification of the provisions of those Acts in 3 provisions relating to regulation of public funds and business 4 entities, and business opportunity promotions. 5 Section 13.2: Strikes the word “including” and adds the word 6 “amount” to simplify the language of a series pertaining to 7 reports by the attorney general regarding receipts generated 8 from settlements or judgments in excess of $250,000 in certain 9 legal proceedings. 10 Section 13.32: Adds a comma to correct a series pertaining 11 to the victim assistance program. The word “such” is also 12 stricken and the word “expenses” is added to conform language 13 relating to payments for travel by contractors to similar 14 earlier language regarding payments for travel by employees of 15 the department of justice. 16 Section 13C.1: Adds a lead-in paragraph to a general 17 definitions section for the chapter regarding organizations 18 that solicit public donations to conform the format of the 19 section to other general definitions sections in the Code. 20 Sections 15.105 and 303.4: Adds language citing the 21 provision in which the congressional districts are established 22 to provisions relating to appointment of members by 23 congressional district to the board of the economic development 24 authority and the board of trustees of the state historical 25 society. Because the number of congressional districts has 26 changed in the past, adding a reference to Code section 40.1 in 27 these locations would help raise awareness of the impact that 28 changes to Code section 40.1 has on the membership of these two 29 boards. 30 Section 15.294: Strikes, effective June 30, 2021, a 31 provision requiring the brownfield redevelopment council to 32 consider and make recommendations regarding applications for 33 certain tax credits to reflect the repeal of those tax credits 34 effective on that same date. 35 -115- LSB 2080SC (28) 86 lh/rj 115/ 140
S.F. _____ Section 15.333: Changes the applicability of a definition 1 of the phrase “new investment directly related to new jobs 2 created by the project” to reflect the use of the phrase 3 elsewhere in the Code section, not just in the subsection. 4 Section 16.1A: Changes a reference to the guiding 5 principles pertaining to housing to a reference to all of the 6 guiding principles pertaining to programs administered by the 7 Iowa finance authority in language relating to administration 8 of all of the programs by the authority. 9 Section 16.2A: Conforms references to the board of the title 10 guaranty division to changes made to similar references in this 11 section by 2014 Iowa Acts, ch. 1080, and adds the words “title 12 guaranty” to more clearly distinguish the board from other 13 boards within the Iowa finance authority. 14 Section 16.2B: Conforms language relating to assistance 15 provided by the agricultural development division of the Iowa 16 finance authority to qualified persons to obtain agricultural 17 assets transfer tax credits to prefatory language requiring 18 that assistance be given. 19 Section 16.2D: Clarifies that the requirement regarding 20 minority group representation applies to the voting membership 21 of the council on homelessness, not to the members themselves. 22 Section 16.7: Standardizes and updates the format used to 23 describe the annual report of the Iowa finance authority. 24 Section 16.16: Corrects an internal reference from a 25 reference to a nonexistent part to a reference to part 9 of 26 subchapter X, which contains the Iowa jobs program. The 27 language contained in this provision was previously contained 28 in former Code section 16.197 and that language referred to 29 duties relating to the Iowa jobs program, which is contained 30 in part 9. 31 Section 16.17: Moves a reference to chapter 17A to an 32 initial general requirement for rules adoption by the Iowa 33 finance authority, standardizes language relating to rules 34 regarding definitions, and substitutes “the authority” for the 35 -116- LSB 2080SC (28) 86 lh/rj 116/ 140
S.F. _____ word “it” to clarify that the authority is the entity with 1 discretion regarding rules adoption. 2 Section 16.26: Strikes the words “bond anticipation” before 3 the word “notes” to clarify the meaning of language describing 4 how bond anticipation notes are issued. 5 Section 16.27A: Adds a comma to an apparent series in 6 language relating to the Iowa finance authority’s powers 7 relating to loans. 8 Sections 16.50, 422.11D, 422.33, 422.60, and 432.12A: 9 Replaces a citation to Code section 404A.2 with a citation 10 to Code chapter 404A in language relating to eligibility of 11 projects for historic preservation and cultural entertainment 12 district tax credits to reflect the possibility that a project 13 may qualify for more than one of the types of tax credits under 14 the provisions of Code chapter 404A. 15 Section 16.59: Restructures language to clarify the 16 applicability and determination of low or moderate net worth 17 requirements for persons and entities before those persons 18 and entities are eligible to receive special agricultural 19 development financing from the Iowa finance authority. 20 Section 16.64: Adds language relating to the publication 21 of notice of intention to issue bonds or notes and moves 22 language that establishes a cutoff for actions challenging the 23 legality of the bonds or notes based on the publication of that 24 notice in this provision regarding issuance of those financial 25 instruments by the Iowa finance authority. 26 Section 16.76: Moves language that indicates what types 27 of loans may be made by the Iowa finance authority from 28 within language relating to the making of those loans to the 29 definition of the term “loan”. 30 Section 16.78: Adds language directing the reader to 31 the Code section that contains the method for determining a 32 qualified beginning farmer’s low or moderate net worth to 33 language that describes the manner in which the Iowa finance 34 authority must administer the beginning farmer tax credit 35 -117- LSB 2080SC (28) 86 lh/rj 117/ 140
S.F. _____ program. 1 Section 16.92: Strikes the words “Iowa finance” from before 2 a reference to the authority to conform to the use of the term 3 “authority” that is defined in Code section 16.1. 4 Section 17A.5: Numbers and renumbers language in this 5 paragraph to separate language relating to when a rule becomes 6 effective from language relating to contests regarding the 7 effective date of a rule. The language that is placed in 8 its own subparagraph appears by its own words to apply to 9 the entirety of the paragraph and not just to the former 10 subparagraph to which it currently is attached. 11 Section 28M.7: Changes “government” to “governmental” 12 in references to certain public entities to conform to the 13 definition of the term “governmental entity” in Code section 14 28M.1, the general definitions section for this chapter 15 relating to regional transit districts. 16 Section 29B.116: Moves the phrase “subject to section 17 29B.116A” in this language relating to conduct subject to 18 military courts-martial to clarify that the phrase “though not 19 specifically mentioned in this code” applies to the conduct and 20 not to Code section 29B.116A. 21 Section 29B.116B: Supplies the missing word “been” in 22 language relating to the annual adjutant general’s report 23 on the number of offenses committed by members of the 24 military that have been reported to civilian law enforcement 25 authorities. 26 Section 43.16: Numbers and letters unnumbered paragraphs 27 and clarifies language describing the time frame of a 28 candidate’s death or withdrawal which causes the name of the 29 candidate to be omitted from the certificate furnished by the 30 state commissioner of elections and from the primary election 31 ballot. 32 Section 68A.405: Adds the words “or electronic” to language 33 defining the term “published material” to conform to the 34 addition of “internet site” to the list of materials as well as 35 -118- LSB 2080SC (28) 86 lh/rj 118/ 140
S.F. _____ language relating to the use of television, video, or motion 1 picture advertising in public political advertising. 2 Section 80B.5: Replaces the word “it” with the words “the 3 academy” to clarify language describing the employment of 4 Iowa law enforcement academy staff pursuant to the Iowa merit 5 system. 6 Section 96.9: Combines language describing the investment 7 of funds in the unemployment trust fund in certain marketable 8 classes of securities, that currently appears after a colon, 9 with language which appears before the colon that describes the 10 circumstances under which that investment would occur. 11 Section 96.14: Updates a United States Code citation to a 12 provision from the federal Bankruptcy Act of 1898 to reflect 13 the current location of that codified content. 14 Section 96.20: Changes the word “Act” to “chapter” in 15 language describing wages covered under Iowa’s unemployment 16 compensation law to reflect the codification of 1971 Iowa Acts, 17 ch. 113, §32, into chapter 96 of the Code. 18 Section 99.27: Replaces the word “herein” with a specific 19 reference to the Code section in which “nuisance” is defined, 20 replaces the word “said” with the word “the”, and adds in the 21 word “mulct” before the word “tax” to clarify the meaning 22 of this provision relating to taxes on premises in which 23 a nuisance is maintained or which are used for houses of 24 prostitution or for illegal gambling. 25 Section 105.18: Strikes the words “perform” and “of” 26 to clarify language describing the type of work which an 27 individual who holds either a master or journeyperson 28 mechanical or HVAC-refrigeration license may perform and not be 29 required to obtain a special electrician’s license. 30 Section 123.5: With the exception of one sentence which is 31 added to Code section 123.11, combines language from current 32 Code sections 123.6, 123.7, and 123.12, which are repealed 33 later in this division of this bill, with the language in this 34 Code section to consolidate the language pertaining to the 35 -119- LSB 2080SC (28) 86 lh/rj 119/ 140
S.F. _____ creation and membership of the alcoholic beverages commission 1 into a single Code section. 2 Section 123.11: Combines two sentences currently contained 3 in Code section 123.6, relating to payment of expenses and 4 compensation to members of the commission, with the language of 5 this Code section relating to payment of expenses and salaries 6 of commission members and employees of the alcoholic beverages 7 division. 8 Section 123.17 and 123.45: Moves language prohibiting 9 members of the alcoholic beverages commission members and 10 employees of the division of alcoholic beverages from having 11 financial interests in the manufacture, sale, or purchase of 12 alcoholic liquor, wine, or beer that is currently contained 13 in Code section 123.45 to Code section 123.17, which contains 14 other prohibitions relating to commission members and 15 employees, reformats the language in Code section 123.17 16 relating to prohibited conduct, and changes a reference to 17 “law” with a specific cite to the Code chapter relating to 18 removal from office. Code section 123.45 is also reformatted 19 to enumerate the limitations on business interests that 20 are placed on persons who are engaged in the business of 21 manufacture, bottling, or wholesaling of alcoholic beverages, 22 wine, or beer, and to set out the exceptions and penalties that 23 apply. 24 Section 123.70: Replaces the words “in this chapter” with 25 the reference to the specific Code section that contains 26 the definition of “bootlegger” in this provision regarding 27 injunctions that may issue to restrain persons from engaging in 28 bootlegging activities. 29 Sections 123.83, 123.84, and 123.85: Adds language and 30 citations to hypertext link these Code sections relating to 31 filing and trials of and judgment and appeals in actions to 32 forfeit an abatement bond because of a nuisance maintained on 33 premises covered by the bond. 34 Section 123.88: Adds language after the term “nuisance” to 35 -120- LSB 2080SC (28) 86 lh/rj 120/ 140
S.F. _____ link the term to the Code section which establishes the meaning 1 of the term for purposes of proceedings to abate the nuisance. 2 Sections 123.122, 123.123, 123.143, 123.171, and 123.172: 3 Changes the word “division” to “subchapter” to distinguish uses 4 of the term to refer to subunits of Code chapter 123 from uses 5 within Code chapter 123 of the defined term “division” that are 6 intended to refer to the alcoholic beverages division of the 7 department of commerce. 8 Section 124.401: Strikes a paragraph, effective July 9 1, 2017, permitting the recommendation, possession, use, 10 dispensing, delivery, transport, or administration of 11 cannabidiol if done in accordance with Code chapter 124D. Code 12 chapter 124D is repealed effective July 1, 2017. 13 Section 124D.4: Changes the word “card” to “cards” to 14 conform to the language of subsections 1 and 3 of Code section 15 124D.4, which indicates the issuance of multiple cards. 16 Section 135.173A: Updates references to the current 17 entities that currently carry out the duties and 18 responsibilities formerly carried out by the early childhood 19 Iowa council and the community empowerment office of the 20 department of management. A Code section reference relating to 21 the strategic plan of the former early childhood Iowa council 22 is also updated to refer to the current strategic plan being 23 used for comprehensive early childhood services in this state. 24 Section 135C.33: Adds the missing word “adult” in language 25 relating to one of the forms of abuse for which criminal record 26 checks are performed as part of preemployment screening for 27 positions in health care facilities. 28 Section 144.43: Renumbers language relating to 29 confidentiality and inspection of vital records to more closely 30 conform the initial numbering of the language to the structure 31 of the unnumbered paragraphs prior to the renumbering of this 32 section in 2009 Iowa Acts, ch. 41, §194. 33 Sections 147.1 and 147.86: Strikes redundant language 34 relating to the Code chapters which succeed this first Code 35 -121- LSB 2080SC (28) 86 lh/rj 121/ 140
S.F. _____ chapter in subtitle 3, relating to health-related professions, 1 within title IV, entitled public health, of the Code, so that 2 the remaining language refers to “this subtitle”. 3 Section 157.1: Changes the word “licensed” to “operated”, 4 making this definition of the term “schools of cosmetology 5 arts and sciences” similar to the definition of “school of 6 barbaring” in Code chapter 158, to conform the language of the 7 definition to the use of the term in Code section 157.8, which 8 prohibits any school of cosmetology from operating unless the 9 owner obtains a license issued by the department. 10 Section 159.1: Strikes three definitions pertaining to 11 agricultural drainage wells from the general definitions 12 section for the Code chapter relating to the department 13 of agriculture. The regulatory provisions pertaining to 14 agricultural drainage wells were transferred from Code chapter 15 159 to Code chapter 460 in 2002 as the result of the passage 16 of 2002 Iowa Acts, ch. 1137, and the defined terms no longer 17 appear anywhere in Code chapter 159. Although the term 18 “agricultural drainage well” is used three times in the Code 19 title relating to agriculture, it is used only in the two 20 chapters to which this definition’s section does not apply. 21 Section 172A.10: Adds the words “obtain or” before the 22 word “maintain” to conform the language of the last sentence 23 of this Code subsection, relating to financial responsibility 24 requirements for slaughterhouse operators, to the first 25 sentence of the subsection. 26 Section 197.1: Numbers unnumbered paragraphs to facilitate 27 citation, moves language to improve readability, strikes 28 unnecessary language, and replaces “herein” with a reference 29 to “in this chapter” to update this provision relating to 30 licensing of dealers in poultry and domestic fowl. 31 Section 198.7: Updates the citation to the provision in 32 the United States Code relating to unsafe new animal drugs 33 under the federal Food, Drug, and Cosmetic Act to the correct 34 citation. 35 -122- LSB 2080SC (28) 86 lh/rj 122/ 140
S.F. _____ Section 206.24: Strikes an outdated deadline for initiation 1 of a program of education and demonstration in agricultural use 2 of fertilizers and pesticides. 3 Section 206.32: Strikes a 1989 deadline after which the 4 sale, purchase, application, or use of chlordane is prohibited. 5 The strike of the deadline does not affect the prohibition. 6 Section 215.23: Conforms a term referring to a commercial 7 weighing and measure device to the term as defined in Code 8 section 215.26 and corrects the name of the publication from 9 the United State national institute of standards and technology 10 in this provision relating to licensing of servicers of those 11 devices. 12 Section 215.24: Strikes the words “of agriculture and land 13 stewardship” after the word “department”, because “department” 14 is defined in Code section 215.26 to mean department of 15 agriculture and land stewardship, and standardizes language 16 relating to the adoption of rules to match language used in 17 Code chapter 17A in this provision relating to adoption of 18 rules by the department. 19 Section 218.95: Strikes references to four Code chapters 20 in this provision that establishes updates and parallel 21 terminology for various Code chapters pertaining to persons 22 with mental health issues because the outdated terminology no 23 longer appears in any of the four Code chapters. 24 Section 229.26: Strikes the words “or an intellectual 25 disability” in language regarding involuntary hospitalization 26 to reflect the removal of procedures for involuntary 27 hospitalization for persons with intellectual disabilities only 28 by 2013 Iowa Acts, ch. 130. 29 Section 230.11: Adds language relating to payment to 30 counties by the department of human services for mental health 31 services to conform to similar language added to Code section 32 222.69 by 2012 Iowa Acts, ch. 1120, §84. 33 Section 231D.16: Strikes two outdated deadlines for 34 compliance of certain adult day services programs with the 35 -123- LSB 2080SC (28) 86 lh/rj 123/ 140
S.F. _____ accreditation requirements of Code chapter 231D. 1 Section 231E.13: Strikes language requiring the department 2 of human services to notify the Code editor regarding 3 implementation of Code chapter 231E, regarding the substitution 4 decision maker Act. The department notified the Code editor 5 regarding initial implementation of the Act in 2007. 6 Section 232.46: Splits language relating to the separate 7 terms and conditions of consent decrees in juvenile delinquency 8 proceedings to conform to the content of similar language in 9 Code section 232.29, subsection 2, and Code section 232.52, 10 subsection 2, paragraph “a”, subparagraphs (1) and (2). 11 Sections 232.125 and 232.178: Conforms the language of 12 each of these provisions describing the contents of petitions 13 relating to a family in need of assistance and for voluntary 14 placement proceedings to each other and to similar language in 15 Code sections 232.36 and 232.111. In Code section 232.178, 16 additional petition contents are also set out in a lettered 17 list to enumerate the contents in a manner similar to that of 18 Code section 232.111. 19 Section 235B.4: Numbers unnumbered paragraphs to facilitate 20 citation and modifies an internal string reference to clearly 21 include the last Code section cited within the string in 22 language relating to the purposes of the central registry for 23 dependent adult abuse information. The last Code section cited 24 in the Code section string relates to registry reports. 25 Section 235F.1: Adds the verb “exists” after the word 26 “potential” to grammatically complete the sentence describing 27 forms of financial dangers that would constitute a “present 28 danger of elder abuse” in this definition of that term. 29 Section 235F.5: Rewrites prefatory language, to improve 30 readability, that describes how allegations of elder abuse 31 may be established at a hearing on a petition making the 32 allegations. 33 Section 235F.6: Rewrites language, to improve readability, 34 that describes content that cannot be included in dispositional 35 -124- LSB 2080SC (28) 86 lh/rj 124/ 140
S.F. _____ court orders entered after hearing on petitions alleging elder 1 abuse as described under Code chapter 235F. 2 Section 235F.8: Adds the words “the vulnerable elder” 3 before the words “leaving the vulnerable elder’s home” in 4 language describing general procedure in elder abuse cases to 5 account for the fact that a petitioner under Code chapter 235F 6 may not be the affected vulnerable elder. 7 Section 237A.30: Restores, retroactive to July 1, 2010, 8 changes originally made by 2010 Iowa Acts, ch. 1031, §302, 9 which were inadvertently overwritten when a change from §358 10 of that same Act, with an effective date of July 1, 2011, was 11 applied to this provision regarding a voluntary quality rating 12 system for providers at child care facilities. 13 Sections 256.2 and 256.7: Moves a definition of the term 14 “telecommunications” from a provision within the Code section 15 describing the duties of the state board of education to 16 the general definitions Code section for this Code chapter 17 pertaining to the department of education because the current 18 definition applies to all of Code chapter 256. 19 Section 256B.2: Includes in the defined term of “children 20 requiring special education” children who might be excluded 21 because they have exceeded the maximum age for eligibility 22 during an academic year within the definition of the term. The 23 language is currently contained within the provision regarding 24 children requiring special education, but is not included 25 within the defined term. 26 Section 256F.2: Strikes a definition of the term “area 27 education agency board” from the general definitions Code 28 section in this Code chapter relating to charter schools and 29 innovation zone schools because the defined term is not used in 30 Code chapter 256F. 31 Sections 260C.58 and 262.49: Sets out in an enumerated 32 list language, which currently appears after a colon within a 33 paragraph, that describes the revenue sources from which bonds 34 or notes of community colleges and regents institutions are 35 -125- LSB 2080SC (28) 86 lh/rj 125/ 140
S.F. _____ payable. 1 Section 262.44: Sets out in a lettered list the types of 2 self-liquidating and revenue-producing buildings and facilities 3 for which portions of the campuses of regents institutions of 4 higher education may be set aside and used. 5 Section 262.57: Changes the word “provision” to 6 “provisions” to reflect the fact that the subchapter under 7 which bonds or notes are issued for regents institution 8 buildings and facilities consists of multiple Code provisions 9 as referred to later in this section. 10 Section 262A.2: Conforms the internal hierarchy of a Code 11 subsection defining what constitutes student fees and charges 12 for purposes of the issuance of revenue bonds by the board of 13 regents to the hierarchy used in other Code subsections. 14 Section 263.8: Numbers unnumbered paragraphs to facilitate 15 citation, adds language specifying the name of the laboratory 16 which is referenced, and standardizes language relating to 17 adoption of rules in this provision relating to reports and 18 tests performed by the state hygienic laboratory. 19 Section 321.19: Restructures this provision to enumerate 20 the vehicles which are exempt from payment of vehicle 21 registration fees and the persons to whom are issued, upon 22 application, distinguishing plates for the exempted vehicles. 23 Section 321.34: Adds an internal reference to paragraph 24 “c” of subsection 20C to language describing the subsection 25 paragraphs that pertain to distinguishing processed emblems for 26 vehicle registration plates, changes the word “and” to “or” 27 to clarify that two types of emblems are under consideration, 28 and reenacts language that was inadvertently omitted from 29 subsection 27 as enacted by 2014 Acts, ch. 1116, §28, after the 30 legislation was passed by the general assembly and before it 31 was sent to the office of the governor. 32 Section 321.59: Replaces a reference to “any such” 33 application in language relating to certificates issued to 34 motor vehicle dealers, transporters, and new motor vehicle 35 -126- LSB 2080SC (28) 86 lh/rj 126/ 140
S.F. _____ wholesalers with a specific reference to the application 1 specified in Code section 321.58. The addition of the language 2 will facilitate hypertext linkage between the two Code 3 sections. 4 Section 321.154: Replaces a reference to “said” report with 5 language specifying that the report referenced is the county 6 treasurer’s report under Code section 321.153. The addition of 7 the language will facilitate hypertext linkage between the two 8 Code sections. 9 Section 321.191: Replaces a reference to “double/triple” 10 trailer endorsement with “double or triple” trailer endorsement 11 to conform to the current Code style for references to both 12 inclusive and exclusive alternatives. 13 Section 321.198: Strikes the word “such” and replaces 14 “above described” military personnel with a specific reference 15 to subsection 1, in which the types of military personnel 16 covered are described, to update the language of this provision 17 relating to extensions of driver’s licenses for certain 18 military personnel and their dependents. 19 Section 321.453: Restructures language and numbers 20 paragraphs regarding exceptions to size, weight, load, and 21 permit requirements that apply for certain vehicles and 22 equipment. 23 Section 321A.39: Replaces a reference by name to the 24 motor vehicle financial and safety responsibility Act with a 25 reference to “this chapter” in which that Act is codified, 26 and adds a reference to Code chapter 321A in the language 27 of a statement that must be included with a purchase order 28 or invoice evidencing a retail sale of a motor vehicle if 29 liability insurance is not included in the sale of the vehicle. 30 Section 321E.11: Corrects an internal reference to the 31 definition for the term “urban transit system”. Code section 32 321.19 defines the term “urban transit company” but, although 33 the Code section refers to systems, it does not define “urban 34 transit systems”. A definition of the term is contained in 35 -127- LSB 2080SC (28) 86 lh/rj 127/ 140
S.F. _____ Code section 324A.1. 1 Section 321G.4: Clarifies language within a provision 2 regarding registration of antique snowmobiles that provides 3 that those vehicles may be registered with only a signed bill 4 of sale as evidence of ownership. 5 Section 331.508: Changes “record book” to “permanent 6 record” in this provision relating to books and records kept by 7 county auditors to reflect the changes made in similar language 8 in Code section 35B.10 by 2014 Iowa Acts, ch. 1116, §45. 9 Section 358.21: Numbers and letters paragraphs to 10 facilitate citation, updates language, and replaces references 11 to “hereunder” with specific citations to Code chapter 358 or 12 the provisions of this Code section to clarify the meaning 13 of those references in this provision regarding the debt 14 limitations of and issuance of bonds for sanitary districts. 15 Section 359A.6: Splits a run-on sentence into three 16 sentences and replaces references to “such” and “said” with 17 “the” and references to “same” with “full amount due” to update 18 and clarify the meaning of language pertaining to the erecting, 19 rebuilding, or repairing of fences. 20 Section 364.24: Strikes outdated language and adds a 21 reference to Code chapter 17A to standardize rulemaking 22 verbiage in this provision relating to traffic light 23 synchronization. 24 Section 388.11: Strikes the word “fire” from before the 25 word “hydrants” in language limiting liability for failure to 26 provide or maintain fire protection services to conform to 27 later language specifying that the protection applies if the 28 hydrants were not intended for fire protection purposes. 29 Section 403.9: Replaces the word “it” with the word 30 “municipality” to clarify that a municipality may issue 31 refunding bonds to pay or retire bonds that the municipality 32 itself previously issued. 33 Section 403.15: Replaces antiquated sentence structure 34 and punctuation in language relating to the creation of urban 35 -128- LSB 2080SC (28) 86 lh/rj 128/ 140
S.F. _____ renewal agencies. 1 Section 404.4: Numbers unnumbered paragraphs and enumerates 2 the information that must, at a minimum, be contained in an 3 application for an urban revitalization tax exemption in this 4 provision governing submission and approval of proposals for 5 improvements. 6 Section 422.11L: Corrects a reference to the federal 7 residential energy efficient property credit related to solar 8 energy in the federal Internal Revenue Code by changing the 9 reference to “section 25D(a)(1)”. There is no section 25E 10 in the federal Internal Revenue Code and section 25D(a)(1) 11 contains provisions regarding solar energy system tax credits. 12 Section 423.3: Strikes obsolete language repealing a sales 13 tax exemption for sales of reagents and related accessory 14 equipment to a regional blood testing facility if the facility 15 is not located in the state on or before January 1, 2011. The 16 Mississippi river valley regional blood center was established 17 in 2010. 18 Section 423.30: Numbers unnumbered paragraphs to facilitate 19 citation and changes a reference from “this section” to 20 “subsection 1” in this provision regarding collection of use 21 tax by sellers who are not retailers, who maintain places 22 of business in Iowa, and who are not registered under the 23 streamlined sales and use tax agreement authorized under Code 24 chapter 423. 25 Section 445.37: Replaces “However” with “Notwithstanding 26 paragraph ‘a’” to update the language of this exception to 27 language that specifies when an installment of any tax is 28 deemed delinquent. 29 Section 452A.3: Strikes the words “as defined in section 30 214.1” that appear after a reference to “E-85 gasoline” in this 31 provision imposing an excise tax on each gallon of that type 32 of gasoline. E-85 gasoline is defined in Code section 453A.2, 33 making the stricken language redundant. 34 Section 452A.8: Strikes obsolete language relating 35 -129- LSB 2080SC (28) 86 lh/rj 129/ 140
S.F. _____ to the initial date on which monthly gas tax returns were 1 due, replaces the word “consumer” with “purchaser” to make 2 terminology used internally consistent, and adds the word 3 “Fahrenheit” to clarify the temperature measurement to be used 4 if temperature correction is used for dispensing of motor 5 vehicle fuel. 6 Section 452A.62: Adds the word “liquefied natural gas” to a 7 string specifying the types of gas supplied by certain dealers 8 and which are to be the subject of records kept by those 9 dealers to conform to changes made elsewhere in this provision 10 by 2014 Iowa Acts, ch. 1032. 11 Section 452A.74: Replaces the word “above” in two places 12 with “under this chapter” to clarify the meaning of the 13 internal reference, and to reflect the licensing scheme 14 contained in Code chapter 452A, in this language applying 15 penalties for the delivery of various forms of compressed or 16 liquefied gas to or allowing the placement of those gases in 17 unlicensed facilities. 18 Section 455B.133: Strikes an obsolete provision providing 19 an exception to sulfur dioxide emission standards for a 20 facility that had a contract for coal produced in Iowa and 21 which met the emission standards in effect at the time the 22 contract went into effect. Coal has not been mined in this 23 state since 1994. 24 Section 455B.198: Adds “pursuant to chapter 17A” after 25 language relating to adoption of rules relating to discharge 26 of wastewater from water well drilling sites to conform this 27 language to standard language relating to the adoption of 28 rules. Subsection 4, containing outdated language setting a 29 July 31, 2009, deadline for adoption of the rules, is also 30 stricken. 31 Section 455D.11A: Deletes language containing outdated 32 deadlines related to the initial implementation of financial 33 assurance provisions for waste tire collection or processing 34 sites. 35 -130- LSB 2080SC (28) 86 lh/rj 130/ 140
S.F. _____ Section 455D.19: Deletes outdated language relating to 1 the date by which a manufacturer or distributor of packaging 2 or packaging components was required to make available 3 certificates of compliance showing that the packaging either 4 complied with or was exempt from standards regarding heavy 5 metal content in packaging materials. 6 Section 455E.11: Replaces the words “above three programs” 7 with language specifying the names of the three rural water 8 supply well programs referenced in this provision relating to 9 grants to eligible counties under those programs. 10 Section 456A.16: Numbers unnumbered paragraphs to 11 facilitate citation and adds “pursuant to chapter 17A” to 12 conform this language regarding adoption of rules to standard 13 language relating to rules’ adoption in this provision relating 14 to the income tax refund checkoff for fish and game protection. 15 Section 456A.27: Updates by adding a United States Code 16 citation to language giving assent to the provisions of a 17 federal Act providing funds for wildlife restoration projects. 18 Section 456A.28: Updates by adding a United States Code 19 citation and correcting a public law citation language giving 20 assent to the provisions of a federal Act providing funds for 21 fish restoration projects. 22 Section 459.102: Supplies the missing word “animals” in a 23 definition of the term “swine farrow-to-finish operation”. The 24 word has been missing since the definition was enacted in 1995 25 Iowa Acts, ch. 195, §15. 26 Section 461A.57: Adds language relating to alternative 27 punishment to reflect the fact that several but not all of 28 the Code sections listed state that violations of those Code 29 sections are punishable as scheduled violations. 30 Section 468.3: Adds reference to subchapter 1, part 7, of 31 Code chapter 468 to three definitions that apply to drainage 32 and levee districts to reflect the addition of part 7 by 2014 33 Iowa Acts, ch. 1075, which uses all three defined terms. The 34 conjunctive phrase “and the term” is also replaced by the 35 -131- LSB 2080SC (28) 86 lh/rj 131/ 140
S.F. _____ alternative “or” to reflect that either or both “engineer” and 1 “civil engineer” have the same meaning within subchapter 1 of 2 Code chapter 468. 3 Section 468.49: Numbers unnumbered paragraphs to facilitate 4 citation, divides long sentences into shorter sentences 5 for readability, updates language, and adds a reference to 6 subchapter 1, part 7, of Code chapter 468 to reflect the 7 addition of part 7 by 2014 Iowa Acts, ch. 1075, and that the 8 procedures in part 7 are tied to procedures in part 1 of 9 subchapter 1. 10 Section 468.206: Updates language to create a series and 11 replaces a reference to “hereinafter” with a specific reference 12 to Code section 468.207 to clarify meaning in this provision 13 regarding notice and hearing on a plan for improvements for 14 flood control within a levee or drainage district. 15 Section 468.209: Updates language and supplies the missing 16 word “an” before the word “order” in this provision regarding 17 entry of orders approving plans for improvements for flood 18 control within a levee or drainage district. 19 Section 468.220: Numbers paragraphs to facilitate citation, 20 updates language, and replaces references to the “same” with 21 language indicating what the word refers to in this provision 22 regarding occupancy and use of state lands by levee or drainage 23 districts for levee or drainage purposes. 24 Section 468.262: Strikes language referring to the 25 governance of drainage or levee districts, based on changes 26 made in this bill to the definition of “board” in Code section 27 468.3 to include subchapter 1, part 7, within the definition of 28 the term, in this provision stating the purpose of this part of 29 the levee and drainage district Code chapter that relates to 30 district mergers. 31 Section 468.269: Changes a reference to “this part” to a 32 reference to part 1 of subchapter 1, based on changes made 33 in this bill to the definition of “engineer” in Code section 34 468.3. The word “dominant” is also changed to “servient” to 35 -132- LSB 2080SC (28) 86 lh/rj 132/ 140
S.F. _____ conform to other language in this provision that indicates 1 that the reason for the report is the benefit to land situated 2 in the district that is being merged into the district that 3 originally made the drainage or levee improvement. 4 Section 468.540: Splits a run-on sentence into two 5 sentences to improve the readability of this provision relating 6 to the extensions of time or renewal of bonds or the issuance 7 of refunding bonds to pay for improvements within levee or 8 drainage districts. 9 Section 468.544: Splits language relating to requirements 10 for the sending of a notice of a meeting relating to extensions 11 of time for payment of unpaid drainage assessments or the 12 issuance of drainage refunding bonds from language describing 13 the contents of the notice. The language describing the notice 14 contents is further split to enumerate the points that must be 15 part of the meeting notice. 16 Section 476.20: Substitutes for the words “by law”, a 17 citation to the actual Code provision that contains the 18 definition of the term “head of household” to permit hypertext 19 linkage to that definition, in language relating to the 20 contents of a disconnection notice that must be sent to 21 customers by public utilities. 22 Section 476.29: Adds a reference to paragraph “a” of 23 subsection 1 to further specify the provision within Code 24 section 476.20 under which board permission may be granted 25 for transfers of certificates of public convenience for the 26 furnishing of land-line local telephone service. 27 Section 476.96: Adds a citation to Code section 476.95 in 28 this lead-in phrase for a series of definitions. The citation 29 was stricken as part of a rewrite of this Code section by 2014 30 Iowa Acts, ch. 1099, but a definition contained in this Code 31 section is still used in Code section 476.95. 32 Section 478.15: Numbers unnumbered paragraphs to facilitate 33 citation, splits sentences and updates language to improve 34 readability, and replaces a reference to “above” with “in this 35 -133- LSB 2080SC (28) 86 lh/rj 133/ 140
S.F. _____ section” to clarify the meaning of this provision relating to 1 the procedure applicable in eminent domain proceedings. 2 Section 478.31: Numbers unnumbered paragraphs to facilitate 3 citation, splits sentences and updates language to improve 4 readability, and replaces references to “hereinafter” and 5 “anything foregoing” with more specific language to clarify the 6 meaning of the references in this provision relating to the 7 issuance of temporary permits for the construction of electric 8 transmission lines that are less than one mile in length. 9 Section 481A.22: Numbers and letters unnumbered paragraphs 10 to facilitate citation and updates language to improve 11 the readability of this provision relating to requirements 12 applicable to dog field meets or trials and retriever meets. 13 Section 490.1402: Corrects internal references to reflect 14 the renumbering of the language referenced by 2013 Iowa Acts, 15 ch. 31, §67, in this provision relating to proposals for 16 dissolutions of business corporations by boards of directors. 17 Section 491.3: Replaces a comma with the word “and” and 18 replaces a dash with a comma to standardize punctuation and to 19 clarify the relationship of language that equates the status of 20 a corporation to that of natural persons in language describing 21 the power of a corporation to contract and acquire and transfer 22 property. 23 Section 491.23: Corrects the grammar and strikes the word 24 “recording” before the word “fee” in this provision relating 25 to the process for dissolution of a business corporation. The 26 recording requirement was eliminated in favor of a filing 27 requirement by 2014 Iowa Acts, ch. 1074, §3. 28 Section 507C.8: Repeals this obsolete provision that 29 provided a transition mechanism for certain delinquency 30 proceedings that were commenced prior to the 1984 enactment of 31 Code chapter 507C, which currently governs insurer supervision, 32 rehabilitation, and liquidation. 33 Section 511.8: Conforms language relating to securities 34 pledged as collateral in hedging transactions to other language 35 -134- LSB 2080SC (28) 86 lh/rj 134/ 140
S.F. _____ and moves an internal reference to be closer to the language 1 it modifies within this subsection regarding investments by 2 life insurance companies and associations in certain financial 3 instruments. 4 Section 515.103: Strikes a codified applicability provision 5 for this Code section relating to use of credit information in 6 personal insurance to avoid conflicts with amendments to this 7 Code section that have later applicability or effective dates. 8 Section 517.2: Adds a prefatory paragraph regarding 9 applicability and makes corresponding changes to content to 10 update this definitions provision that is applicable to this 11 Code chapter governing employers liability insurance. 12 Section 517.3: Divides unnumbered paragraphs and numbers 13 and letters language which appears after colons to enumerate 14 the provisions governing the distribution of unallocated 15 liability loss expense payments under liability insurance 16 policies. 17 Section 518A.1: Divides a paragraph to enumerate language 18 appearing after a colon that specifies content that may appear 19 in an application for mutual insurance. 20 Section 523I.312: Strikes language that gives the telephone 21 number and address of the Iowa securities and regulated 22 industries bureau and inserts language that tells the cemetery 23 to insert that information into any agreement relating to 24 interment spaces with a purchaser to prevent the language of 25 the explanatory information from becoming obsolete if the 26 bureau relocates. 27 Section 533.301: Strikes the words “of a security” to 28 conform the language of this provision relating to investment 29 by credit unions in corporate bonds to the definition of 30 “investment grade” under 12 C.F.R. §703.2, promulgated by the 31 national credit union administration. 32 Section 536.1: Moves a definition to another location to 33 create a definitions subsection within this Code provision 34 relating to the applicability of the chapter licensing persons 35 -135- LSB 2080SC (28) 86 lh/rj 135/ 140
S.F. _____ who engage in the business of making certain regulated loans. 1 Section 537.1301: Replaces the word “Act” with “chapter” to 2 reflect the codification of 1974 Iowa Acts, ch. 1250, §1.301, 3 the definitions section for this portion of the Act that 4 established the Iowa Consumer Credit Code. 5 Section 554.8110: Substitutes for the words “this Act” a 6 citation to the Act which contained this language, relating to 7 jurisdiction over agreements between a securities intermediary 8 and an entitlement holder regarding a securities account, prior 9 to codification in Code section 554.8110. 10 Section 558.1: Restructures language in this provision 11 that purports to define the term “instruments affecting real 12 estate” to conform the language to other provisions that define 13 terminology elsewhere in the Code. 14 Section 602.8108: Corrects internal references to 15 provisions in which amounts collected by the court are not 16 deposited with the treasurer of state for deposit in the 17 general fund of the state to conform to the language of those 18 provisions stating the other accounts and funds into which 19 those amounts are deposited. 20 Section 602.11113: Substitutes the actual date in language 21 referring to the effective date of Code section 602.6601 in 22 this provision relating to employment of bailiffs as court 23 attendants at the time that the state assumed responsibility 24 for components of the court system. 25 Section 614.6: Substitutes a reference to sections 614.1 26 through 614.5 for the words “above described” in this provision 27 relating to computation of periods of time under the Code 28 chapter governing limitations of actions. 29 Section 614.35: Substitutes for the word “above” a 30 reference to Code section 614.34 in language relating to the 31 notice that must be filed by persons who claim an interest in 32 land as against another person with record title in that land. 33 Section 633.279: Conforms language of an affidavit used 34 to make an attested will self-proving to provisions of Code 35 -136- LSB 2080SC (28) 86 lh/rj 136/ 140
S.F. _____ chapter 9B, which governs notarial acts, including Code 1 section 9B.2, subsection 6, defining “notarial officer”, and 2 Code section 9B.16, which provides examples of short form 3 certificates of notarial acts. 4 Section 633.304: Splits sentences and repeats language 5 designating the executor as the person responsible for 6 performing the duties relating to publication and provision 7 of notice of admission of a will to probate to improve the 8 readability of the provision. The words “date of” are also 9 added within a form notice to conform to other language 10 contained in the same form. 11 Section 633A.3110: Adds the words “date of” within a form 12 notice in this provision regarding notice that must be given by 13 a trustee to creditors, heirs, and any surviving spouse of a 14 settlor of a trust to conform to other language contained in 15 the same form. 16 Section 633B.203: Replaces the word “of” with the word “or” 17 to conform to earlier language in subsection 3 and adds a comma 18 at the end of a clause to clarify and improve the readability 19 of this provision regarding the nature and construction of 20 powers of attorney. 21 Section 633B.205: Strikes an incorrect comma within a 22 series and adds the words “but not limited to” in language 23 describing the authority granted under a power of attorney over 24 tangible personal property. 25 Sections 636.33 and 636.34: Replaces the word “such” with 26 a specific reference to Code section 636.31 or 636.32 to link 27 these two provisions relating to final reports and deposits by 28 fiduciaries in charge of estate and trust funds not governed 29 under the probate code, when the place of residence of the 30 heir, legatee, devisee, or other person to whom payment is due 31 is unknown to the fiduciary, to the provision which states 32 that the funds, moneys, or securities may be deposited with 33 the clerk of court of the county in which the fiduciary was 34 appointed. 35 -137- LSB 2080SC (28) 86 lh/rj 137/ 140
S.F. _____ Section 654.13: Replaces “and/or” in two places with the 1 word “or” to update the style of this provision regarding 2 priority of two or more real estate mortgages with respect to 3 any rents, profits, or other income derived from the property. 4 Section 654.14: Moves a phrase that describes the subject 5 of a notice to be closer to the word “notice” and adds language 6 clarifying that the current contents of the provision specify 7 the contents of the notice that must be given when a receiver 8 does not afford a person in actual possession of agricultural 9 land with a right of first refusal in the leasing of the 10 mortgaged premises by the receiver. 11 Section 656.5: Updates language and divides sentences to 12 improve the clarity and readability of this provision regarding 13 proof and record of service of notice in real estate contract 14 forfeiture proceedings. 15 Section 669.2: Adds a citation to the Code chapter in which 16 local emergency management commissions are established in this 17 provision that includes architects and engineers within the 18 definition of “employee of the state” under the state tort 19 claims Act. 20 Sections 714.11 and 714.14: Changes in each of these Code 21 sections the word “service” to “services” to conform to similar 22 uses of the word in Code sections 714.9, 714.10, 714.12, and 23 714.13. 24 Section 724.1: Conforms language within a definition of 25 the term “antique firearm” to other language within the same 26 definition and to the definition of “antique firearm” that is 27 found in Code section 724.25. 28 Section 725.1: Moves a phrase relating to expunging 29 of convictions to clarify the basis for the expunging of 30 the convictions in language relating to the expunging of 31 convictions for certain underage persons who have been 32 convicted of prostitution. 33 Sections 915.50 and 915.50A: Strikes the word “criminal” 34 that appears before the words “no-contact order” in these two 35 -138- LSB 2080SC (28) 86 lh/rj 138/ 140
S.F. _____ provisions pertaining to rights of victims of domestic and 1 elder abuse. No-contact orders under Code chapter 664A are 2 defined as orders entered in criminal proceedings and are 3 distinct from other protective orders entered in other types 4 of proceedings. 5 2013 Iowa Acts, ch. 125, and 2014 Iowa Acts, ch. 1080: 6 Repeals division II of 2013 Iowa Acts, ch. 125, and repeals 7 a provision in 2014 Iowa Acts, ch. 1080, which also repeals 8 division II of 2013 Iowa Acts, ch. 125, effective January 1, 9 2018, because all of the changes made by the 2013 Act have been 10 superseded by the enactments contained in 2014 Iowa Acts, ch. 11 1080, and the repeal of the 2013 Act in 2014 Iowa Acts, ch. 12 1080, would take effect one day after the changes required by 13 2013 Iowa Acts, division II, would have taken effect. 14 2014 Iowa Acts, ch. 1078: Retroactively corrects an 15 internal reference in the enactment of Code section 633B.213 16 that qualifies the terms of a power of attorney. 17 2014 Iowa Acts, ch. 1092: Retroactively strikes what was 18 intended as a correction to an internal citation that did not 19 require correction. 20 Code editor directives: Transfers provisions within 21 the alcoholic beverages Code chapter, Code chapter 123, to 22 consolidate provisions related to the overall administration 23 of the Code chapter at the beginning of the Code chapter. 24 Code section 226.47, which contains a general definition 25 applicable to the Code chapter regarding the state mental 26 health institutes, is also transferred to a location near the 27 beginning of the Code chapter. Two provisions in Code chapter 28 462A, which relate to public use of water for navigation 29 purposes and reciprocity agreements by the department of 30 natural resources with other regulatory agencies in other 31 states, are also moved to relocate those provisions, from a 32 location within provisions relating to inspection and repair of 33 vessels, to be with other more general provisions. 34 Divisions II and III: Reenacts Code and Acts provisions, 35 -139- LSB 2080SC (28) 86 lh/rj 139/ 140
S.F. _____ including any language changes made by 2014 Iowa Acts, ch. 1 1106, within the Code provisions, which were repealed or could 2 not be implemented because the changes made by 2014 Iowa Acts, 3 ch. 1106, took effect one day after the Code sections amended 4 by that Act were repealed pursuant to their own terms. The 5 Code provisions reenacted in division II take effect upon 6 enactment and apply retroactively to June 30, 2014. The 7 changes reenacted in division III of this bill are effective 8 July 1, 2016. 9 Division IV: Corrects internal references to Code section 10 17A.5, subsection 2, paragraph “b”, which is renumbered in 11 division I of this bill. 12 -140- LSB 2080SC (28) 86 lh/rj 140/ 140