Senate
File
452
H-1404
Amend
Senate
File
452,
as
amended,
passed,
and
1
reprinted
by
the
Senate,
as
follows:
2
1.
By
striking
everything
after
the
enacting
clause
3
and
inserting:
4
<
DIVISION
I
5
STANDING
APPROPRIATIONS
AND
RELATED
MATTERS
6
Section
1.
BUDGET
PROCESS
FOR
FISCAL
YEAR
7
2014-2015.
8
1.
For
the
budget
process
applicable
to
the
fiscal
9
year
beginning
July
1,
2014,
on
or
before
October
1,
10
2013,
in
lieu
of
the
information
specified
in
section
11
8.23,
subsection
1,
unnumbered
paragraph
1,
and
12
paragraph
“a”,
all
departments
and
establishments
of
13
the
government
shall
transmit
to
the
director
of
the
14
department
of
management,
on
blanks
to
be
furnished
15
by
the
director,
estimates
of
their
expenditure
16
requirements,
including
every
proposed
expenditure,
for
17
the
ensuing
fiscal
year,
together
with
supporting
data
18
and
explanations
as
called
for
by
the
director
of
the
19
department
of
management
after
consultation
with
the
20
legislative
services
agency.
21
2.
The
estimates
of
expenditure
requirements
22
shall
be
in
a
form
specified
by
the
director
of
23
the
department
of
management,
and
the
expenditure
24
requirements
shall
include
all
proposed
expenditures
25
and
shall
be
prioritized
by
program
or
the
results
to
26
be
achieved.
The
estimates
shall
be
accompanied
by
27
performance
measures
for
evaluating
the
effectiveness
28
of
the
programs
or
results.
29
Sec.
2.
GENERAL
ASSEMBLY.
30
1.
The
appropriations
made
pursuant
to
section
31
2.12
for
the
expenses
of
the
general
assembly
and
32
legislative
agencies
for
the
fiscal
year
beginning
July
33
1,
2013,
and
ending
June
30,
2014,
are
reduced
by
the
34
following
amount:
35
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
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.
.
.
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.
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.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
3,000,000
36
2.
The
budgeted
amounts
for
the
general
assembly
37
for
the
fiscal
year
beginning
July
1,
2013,
may
be
38
adjusted
to
reflect
unexpended
budgeted
amounts
from
39
the
previous
fiscal
year.
40
Sec.
3.
LIMITATIONS
OF
STANDING
APPROPRIATIONS
41
——
FY
2013-2014.
Notwithstanding
the
standing
42
appropriations
in
the
following
designated
sections
for
43
the
fiscal
year
beginning
July
1,
2013,
and
ending
June
44
30,
2014,
the
amounts
appropriated
from
the
general
45
fund
of
the
state
pursuant
to
these
sections
for
the
46
following
designated
purposes
shall
not
exceed
the
47
following
amounts:
48
1.
For
paying
claims
against
the
state
under
49
section
25.2:
50
-1-
SF452.2086
(3)
85
tm/jp
1/
46
#1.
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.
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.
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.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
3,000,000
1
2.
For
operational
support
grants
and
community
2
cultural
grants
under
section
99F.11,
subsection
3,
3
paragraph
“d”,
subparagraph
(1):
4
.
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.
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.
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.
.
.
.
.
.
.
$
416,702
5
3.
For
regional
tourism
marketing
under
section
6
99F.11,
subsection
3,
paragraph
“d”,
subparagraph
(2):
7
.
.
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.
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.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
810,306
8
4.
For
programs
for
at-risk
children
under
section
9
279.51:
10
.
.
.
.
.
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.
.
.
.
$
10,728,891
11
The
amount
of
any
reduction
in
this
subsection
shall
12
be
prorated
among
the
programs
specified
in
section
13
279.51,
subsection
1,
paragraphs
“a”,
“b”,
and
“c”.
14
5.
For
payment
for
nonpublic
school
transportation
15
under
section
285.2:
16
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.
.
.
.
.
.
.
.
.
.
.
.
$
8,560,931
17
If
total
approved
claims
for
reimbursement
for
18
nonpublic
school
pupil
transportation
exceed
the
amount
19
appropriated
in
accordance
with
this
subsection,
the
20
department
of
education
shall
prorate
the
amount
of
21
each
approved
claim.
22
6.
For
the
enforcement
of
chapter
453D
relating
to
23
tobacco
product
manufacturers
under
section
453D.8:
24
.
.
.
.
.
.
.
.
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.
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.
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.
.
.
$
18,416
25
Sec.
4.
LIMITATIONS
OF
STANDING
APPROPRIATIONS
26
——
FY
2014-2015.
Notwithstanding
the
standing
27
appropriations
in
the
following
designated
sections
for
28
the
fiscal
year
beginning
July
1,
2014,
and
ending
June
29
30,
2015,
the
amounts
appropriated
from
the
general
30
fund
of
the
state
pursuant
to
these
sections
for
the
31
following
designated
purposes
shall
not
exceed
the
32
following
amounts:
33
1.
For
operational
support
grants
and
community
34
cultural
grants
under
section
99F.11,
subsection
3,
35
paragraph
“d”,
subparagraph
(1):
36
.
.
.
.
.
.
.
.
.
.
.
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.
.
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.
.
.
.
.
.
.
.
.
.
.
.
.
$
208,351
37
2.
For
regional
tourism
marketing
under
section
38
99F.11,
subsection
3,
paragraph
“d”,
subparagraph
(2):
39
.
.
.
.
.
.
.
.
.
.
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.
.
.
.
.
.
.
.
.
.
.
$
405,153
40
3.
For
programs
for
at-risk
children
under
section
41
279.51:
42
.
.
.
.
.
.
.
.
.
.
.
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.
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.
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.
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.
.
.
.
.
.
$
5,364,445
43
The
amount
of
any
reduction
in
this
subsection
shall
44
be
prorated
among
the
programs
specified
in
section
45
279.51,
subsection
1,
paragraphs
“a”,
“b”,
and
“c”.
46
4.
For
payment
for
nonpublic
school
transportation
47
under
section
285.2:
48
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
8,560,931
49
If
total
approved
claims
for
reimbursement
for
50
-2-
SF452.2086
(3)
85
tm/jp
2/
46
nonpublic
school
pupil
transportation
exceed
the
amount
1
appropriated
in
accordance
with
this
subsection,
the
2
department
of
education
shall
prorate
the
amount
of
3
each
approved
claim.
4
5.
For
the
enforcement
of
chapter
453D
relating
to
5
tobacco
product
manufacturers
under
section
453D.8:
6
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
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.
.
$
9,208
7
Sec.
5.
INSTRUCTIONAL
SUPPORT
STATE
AID
——
8
FY
2013-2014
——
FY
2014-2015.
In
lieu
of
the
9
appropriation
provided
in
section
257.20,
subsection
2
,
10
the
appropriation
for
the
fiscal
years
beginning
July
11
1,
2013,
and
July
1,
2014,
for
paying
instructional
12
support
state
aid
under
section
257.20
for
fiscal
years
13
2013-2014
and
2014-2015
is
zero.
14
Sec.
6.
Section
97A.11A,
subsection
1,
Code
2013,
15
is
amended
to
read
as
follows:
16
1.
Beginning
with
the
fiscal
year
commencing
July
17
1,
2013
2015
,
and
ending
June
30
of
the
fiscal
year
18
during
which
the
board
determines
that
the
system’s
19
funded
ratio
of
assets
to
liabilities
is
at
least
20
eighty-five
percent,
there
is
appropriated
from
the
21
general
fund
of
the
state
for
each
fiscal
year
to
the
22
retirement
fund
described
in
section
97A.8
,
an
amount
23
equal
to
five
million
dollars.
24
Sec.
7.
Section
257.35,
Code
2013,
is
amended
by
25
adding
the
following
new
subsection:
26
NEW
SUBSECTION
.
7A.
Notwithstanding
subsection
1,
27
and
in
addition
to
the
reduction
applicable
pursuant
28
to
subsection
2,
the
state
aid
for
area
education
29
agencies
and
the
portion
of
the
combined
district
cost
30
calculated
for
these
agencies
for
the
fiscal
year
31
beginning
July
1,
2013,
and
ending
June
30,
2014,
shall
32
be
reduced
by
the
department
of
management
by
twenty
33
million
dollars.
The
reduction
for
each
area
education
34
agency
shall
be
prorated
based
on
the
reduction
that
35
the
agency
received
in
the
fiscal
year
beginning
July
36
1,
2003.
37
DIVISION
II
38
MISCELLANEOUS
PROVISIONS
AND
APPROPRIATIONS
39
Sec.
8.
INDIVIDUAL
DEVELOPMENT
ACCOUNT
40
PROGRAM.
There
is
appropriated
from
the
general
fund
41
of
the
state
to
the
department
of
human
rights
for
the
42
fiscal
year
beginning
July
1,
2013,
and
ending
June
30,
43
2014,
the
following
amounts,
or
so
much
thereof
as
is
44
necessary,
for
the
purposes
designated:
45
For
deposit
in
the
individual
development
account
46
state
match
fund
created
in
section
541A.7
to
support
47
the
operating
organization
providing
individual
48
development
accounts
in
Iowa:
49
.
.
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.
.
$
50,000
50
-3-
SF452.2086
(3)
85
tm/jp
3/
46
Sec.
9.
HOUSE
FILE
603
——
FTE
AUTHORIZATION.
1
1.
For
purposes
of
the
offices
of
the
governor
and
2
lieutenant
governor,
there
is
authorized
an
additional
3
3.00
full-time
equivalent
positions
above
those
4
otherwise
authorized
pursuant
to
2013
Iowa
Acts,
House
5
File
603,
if
enacted.
6
2.
For
purposes
of
the
department
of
management,
7
there
is
authorized
an
additional
1.00
full-time
8
equivalent
position
above
those
otherwise
authorized
9
pursuant
to
2013
Iowa
Acts,
House
File
603,
if
enacted.
10
Sec.
10.
HOME
AND
COMMUNITY-BASED
SERVICES
11
PROVIDERS
——
REASONABLE
COSTS
OF
STAFF
TRAINING
——
12
REIMBURSEMENT
AS
DIRECT
COSTS.
The
department
of
13
human
services
shall
adopt
rules
pursuant
to
chapter
14
17A
to
provide
that
reasonable
costs
of
staff
training
15
incurred
by
providers
of
home
and
community-based
16
services
under
the
medical
assistance
program
are
17
reimbursable
as
direct
costs.
Such
reimbursement
18
shall
include
reimbursement
of
the
reasonable
costs
19
associated
with
the
learning
management
system
utilized
20
under
the
college
of
direct
support
training
program.
21
Sec.
11.
Section
144.26,
Code
2013,
is
amended
by
22
adding
the
following
new
subsection:
23
NEW
SUBSECTION
.
5.
Upon
the
activation
of
an
24
electronic
death
record
system,
each
person
with
a
25
duty
related
to
death
certificates
shall
participate
26
in
the
electronic
death
record
system.
A
person
with
27
a
duty
related
to
a
death
certificate
includes
but
28
is
not
limited
to
a
physician
as
defined
in
section
29
135.1,
a
physician
assistant,
an
advanced
registered
30
nurse
practitioner,
a
funeral
director,
and
a
county
31
recorder.
32
Sec.
12.
Section
155A.32,
subsection
2,
Code
2013,
33
is
amended
to
read
as
follows:
34
2.
The
pharmacist
shall
not
exercise
the
drug
35
product
selection
described
in
this
section
if
either
36
any
of
the
following
is
true:
37
a.
The
prescriber
specifically
indicates
that
no
38
drug
product
selection
shall
be
made.
39
b.
The
person
presenting
the
prescription
indicates
40
that
only
the
specific
drug
product
prescribed
should
41
be
dispensed.
However,
this
paragraph
does
not
apply
42
if
the
cost
of
the
prescription
or
any
part
of
it
will
43
be
paid
by
expenditure
of
public
funds
authorized
under
44
chapter
249A
.
45
c.
The
prescriber
indicates
that
a
specific
drug
46
product
should
be
dispensed
and
a
diagnosis
of
epilepsy
47
or
seizure
disorder
is
written
on
the
prescription.
48
For
the
purposes
of
this
paragraph,
a
“specific
drug
49
product”
means
a
specific
drug,
strength,
dosage
form,
50
-4-
SF452.2086
(3)
85
tm/jp
4/
46
or
dosing
regimen
from
a
specific
manufacturer.
1
Sec.
13.
Section
155A.32,
Code
2013,
is
amended
by
2
adding
the
following
new
subsection:
3
NEW
SUBSECTION
.
4.
If
drug
product
selection
is
4
prohibited
pursuant
to
subsection
2,
paragraph
“c”
,
5
but
the
specific
drug
indicated
is
not
available,
the
6
pharmacist
shall
notify
the
patient
and
the
prescriber
7
that
the
drug
is
not
available.
The
board
shall
8
adopt
rules
regarding
notification
of
the
patient
and
9
prescriber
under
this
subsection.
10
Sec.
14.
Section
261.12,
subsection
1,
Code
2013,
11
is
amended
to
read
as
follows:
12
1.
The
amount
of
a
tuition
grant
to
a
qualified
13
full-time
student
for
the
fall
and
spring
semesters,
or
14
the
trimester
equivalent,
shall
be
the
amount
of
the
15
student’s
financial
need
for
that
period.
However,
a
16
tuition
grant
shall
not
exceed
the
lesser
of:
17
a.
The
total
tuition
and
mandatory
fees
for
that
18
student
for
two
semesters
or
the
trimester
or
quarter
19
equivalent,
less
the
base
amount
determined
annually
20
by
the
college
student
aid
commission,
which
base
21
amount
shall
be
within
ten
dollars
of
the
average
22
tuition
for
two
semesters
or
the
trimester
equivalent
23
of
undergraduate
study
at
the
state
universities
under
24
the
board
of
regents,
but
in
any
event
the
base
amount
25
shall
not
be
less
than
four
hundred
dollars
;
or
26
b.
For
the
fiscal
year
beginning
July
1,
2000,
and
27
for
each
following
fiscal
year,
four
thousand
dollars
.
28
Sec.
15.
Section
261.93,
subsection
2,
paragraph
29
b,
subparagraph
(4),
Code
2013,
is
amended
to
read
as
30
follows:
31
(4)
Is
the
child
of
a
fire
fighter
or
police
32
officer
included
under
section
97B.49B
,
who
was
killed
33
in
the
line
of
duty
as
determined
by
the
Iowa
public
34
employees’
retirement
system
in
accordance
with
section
35
97B.52,
subsection
2
.
36
Sec.
16.
Section
523A.303,
subsection
1,
paragraph
37
b,
unnumbered
paragraph
1,
Code
2013,
is
amended
to
38
read
as
follows:
39
At
least
sixty
days
after
mailing
notice
to
the
40
director,
the
seller
shall
disburse
any
remaining
41
funds
amount
in
excess
of
five
hundred
dollars
from
the
42
burial
trust
fund
as
follows:
43
DIVISION
III
44
CORRECTIVE
PROVISIONS
45
Sec.
17.
Section
2.12,
unnumbered
paragraph
4,
Code
46
2013,
as
amended
by
2013
Iowa
Acts,
House
File
185,
47
section
1,
is
amended
to
read
as
follows:
48
There
is
appropriated
out
of
any
funds
in
the
state
49
treasury
not
otherwise
appropriated
such
sums
as
50
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46
may
be
necessary
for
the
fiscal
year
budgets
of
the
1
legislative
services
agency
and
the
ombudsman
office
2
of
ombudsman
for
salaries,
support,
maintenance,
and
3
miscellaneous
purposes
to
carry
out
their
statutory
4
responsibilities.
The
legislative
services
agency
5
and
the
ombudsman
office
of
ombudsman
shall
submit
6
their
proposed
budgets
to
the
legislative
council
not
7
later
than
September
1
of
each
year.
The
legislative
8
council
shall
review
and
approve
the
proposed
budgets
9
not
later
than
December
1
of
each
year.
The
budget
10
approved
by
the
legislative
council
for
each
of
its
11
statutory
legislative
agencies
shall
be
transmitted
by
12
the
legislative
council
to
the
department
of
management
13
on
or
before
December
1
of
each
year
for
the
fiscal
14
year
beginning
July
1
of
the
following
year.
The
15
department
of
management
shall
submit
the
approved
16
budgets
received
from
the
legislative
council
to
the
17
governor
for
inclusion
in
the
governor’s
proposed
18
budget
for
the
succeeding
fiscal
year.
The
approved
19
budgets
shall
also
be
submitted
to
the
chairpersons
of
20
the
committees
on
appropriations.
The
committees
on
21
appropriations
may
allocate
from
the
funds
appropriated
22
by
this
section
the
funds
contained
in
the
approved
23
budgets,
or
such
other
amounts
as
specified,
pursuant
24
to
a
concurrent
resolution
to
be
approved
by
both
25
houses
of
the
general
assembly.
The
director
of
26
the
department
of
administrative
services
shall
27
issue
warrants
for
salaries,
support,
maintenance,
28
and
miscellaneous
purposes
upon
requisition
by
the
29
administrative
head
of
each
statutory
legislative
30
agency.
If
the
legislative
council
elects
to
change
31
the
approved
budget
for
a
legislative
agency
prior
to
32
July
1,
the
legislative
council
shall
transmit
the
33
amount
of
the
budget
revision
to
the
department
of
34
management
prior
to
July
1
of
the
fiscal
year,
however,
35
if
the
general
assembly
approved
the
budget
it
cannot
36
be
changed
except
pursuant
to
a
concurrent
resolution
37
approved
by
the
general
assembly.
38
Sec.
18.
Section
2.42,
subsection
14,
Code
2013,
as
39
amended
by
2013
Iowa
Acts,
House
File
185,
section
2,
40
is
amended
to
read
as
follows:
41
14.
To
hear
and
act
upon
appeals
of
aggrieved
42
employees
of
the
legislative
services
agency
and
the
43
office
of
the
ombudsman
pursuant
to
rules
of
procedure
44
established
by
the
council.
45
Sec.
19.
Section
2C.3,
subsection
2,
Code
2013,
as
46
enacted
by
2013
Iowa
Acts,
House
File
185,
section
4,
47
is
amended
to
read
as
follows:
48
2.
The
ombudsman
shall
employ
and
supervise
all
49
employees
under
the
ombudsman’s
direction
in
such
50
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positions
and
at
such
salaries
as
shall
be
authorized
1
by
the
legislative
council.
The
legislative
council
2
shall
hear
and
act
upon
appeals
of
aggrieved
employees
3
of
the
office
of
the
ombudsman.
4
Sec.
20.
Section
2C.9,
subsection
6,
Code
2013,
as
5
amended
by
2013
Iowa
Acts,
House
File
185,
section
10,
6
is
amended
to
read
as
follows:
7
6.
Establish
rules
relating
to
the
operation,
8
organization,
and
procedure
of
the
office
of
the
9
ombudsman.
The
rules
are
exempt
from
chapter
17A
and
10
shall
be
published
in
the
Iowa
administrative
code.
11
Sec.
21.
Section
2C.11,
subsection
1,
unnumbered
12
paragraph
1,
Code
2013,
as
amended
by
2013
Iowa
Acts,
13
House
File
185,
section
12,
is
amended
to
read
as
14
follows:
15
An
appropriate
subject
for
investigation
by
the
16
office
of
the
ombudsman
is
an
administrative
action
17
that
might
be:
18
Sec.
22.
Section
2C.18,
Code
2013,
as
amended
by
19
2013
Iowa
Acts,
House
File
185,
section
20,
is
amended
20
to
read
as
follows:
21
2C.18
Report
to
general
assembly.
22
The
ombudsman
shall
by
April
1
of
each
year
submit
23
an
economically
designed
and
reproduced
report
to
24
the
general
assembly
and
to
the
governor
concerning
25
the
exercise
of
the
ombudsman
ombudsman’s
functions
26
during
the
preceding
calendar
year.
In
discussing
27
matters
with
which
the
ombudsman
has
been
concerned,
28
the
ombudsman
shall
not
identify
specific
persons
if
29
to
do
so
would
cause
needless
hardship.
If
the
annual
30
report
criticizes
a
named
agency
or
official,
it
shall
31
also
include
unedited
replies
made
by
the
agency
or
32
official
to
the
criticism,
unless
excused
by
the
agency
33
or
official
affected.
34
Sec.
23.
Section
8B.21,
subsection
5,
paragraph
e,
35
if
enacted
by
2013
Iowa
Acts,
Senate
File
396,
section
36
3,
is
amended
to
read
as
follows:
37
e.
The
department
of
public
defense
shall
not
be
38
required
to
obtain
any
information
technology
services
39
pursuant
to
this
chapter
for
the
department
of
public
40
defense
that
is
are
provided
by
the
office
pursuant
41
to
this
chapter
without
the
consent
of
the
adjutant
42
general.
43
Sec.
24.
Section
23A.4,
subsection
3,
Code
2013,
as
44
enacted
by
2013
Iowa
Acts,
House
File
185,
section
27,
45
is
amended
to
read
as
follows:
46
3.
Chapter
17A
and
this
section
are
the
exclusive
47
remedy
for
violations
of
this
chapter
.
However,
the
48
office
of
the
ombudsman
may
review
violations
of
this
49
chapter
and
make
recommendations
as
provided
in
chapter
50
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2C
.
1
Sec.
25.
Section
29.1,
Code
2013,
as
amended
by
2
2013
Iowa
Acts,
House
File
307,
section
9,
is
amended
3
to
read
as
follows:
4
29.1
Department
of
public
defense.
5
The
department
of
public
defense
is
composed
of
the
6
office
of
the
adjutant
general
and
the
military
forces
7
of
the
state
of
Iowa.
The
adjutant
general
is
the
8
director
of
the
department
of
public
defense
and
shall
9
perform
all
functions,
responsibilities,
powers,
and
10
duties
over
concerning
the
military
forces
of
the
state
11
of
Iowa
as
provided
in
the
laws
of
the
state.
12
Sec.
26.
Section
35A.13,
subsection
6A,
paragraph
13
b,
subparagraph
(1),
if
enacted
by
2013
Iowa
Acts,
14
House
File
613,
section
2,
is
amended
to
read
as
15
follows:
16
(1)
The
commission
may
provide
educational
17
assistance
funds
to
any
child
who
has
lived
in
the
18
state
of
Iowa
for
two
years
preceding
application
for
19
state
educational
assistance,
and
who
is
the
child
20
of
a
person
who
died
prior
to
September
11,
2001,
21
during
active
federal
military
service
while
serving
22
in
the
armed
forces
or
during
active
federal
military
23
service
in
the
Iowa
national
guard
or
other
military
24
component
of
the
United
States,
to
defray
the
expenses
25
of
tuition,
matriculation,
laboratory
and
similar
26
fees,
books
and
supplies,
board,
lodging,
and
any
27
other
reasonably
necessary
expense
for
the
child
or
28
children
incident
to
attendance
in
this
state
at
an
29
educational
or
training
institution
of
college
grade,
30
or
in
a
business
or
vocational
training
school
with
31
standards
approved
by
the
department.
The
commission
32
shall
not
expend
more
than
six
hundred
dollars
per
year
33
for
educational
assistance
for
any
one
child
under
this
34
paragraph
“b”
.
35
Sec.
27.
Section
70A.28,
subsection
6,
Code
2013,
36
as
amended
by
2013
Iowa
Acts,
House
File
185,
section
37
28,
is
amended
to
read
as
follows:
38
6.
Subsection
2
may
also
be
enforced
by
an
employee
39
through
an
administrative
action
pursuant
to
the
40
requirements
of
this
subsection
if
the
employee
is
not
41
a
merit
system
employee
or
an
employee
covered
by
a
42
collective
bargaining
agreement.
An
employee
eligible
43
to
pursue
an
administrative
action
pursuant
to
this
44
subsection
who
is
discharged,
suspended,
demoted,
or
45
otherwise
receives
a
reduction
in
pay
and
who
believes
46
the
adverse
employment
action
was
taken
as
a
result
47
of
the
employee’s
disclosure
of
information
that
48
was
authorized
pursuant
to
subsection
2
,
may
file
an
49
appeal
of
the
adverse
employment
action
with
the
public
50
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employment
relations
board
within
thirty
calendar
days
1
following
the
later
of
the
effective
date
of
the
action
2
or
the
date
a
finding
is
issued
to
the
employee
by
the
3
office
of
the
ombudsman
pursuant
to
section
2C.11A
.
4
The
findings
issued
by
the
ombudsman
may
be
introduced
5
as
evidence
before
the
public
employment
relations
6
board.
The
employee
has
the
right
to
a
hearing
closed
7
to
the
public,
but
may
request
a
public
hearing.
The
8
hearing
shall
otherwise
be
conducted
in
accordance
with
9
the
rules
of
the
public
employment
relations
board
and
10
the
Iowa
administrative
procedure
Act,
chapter
17A
.
If
11
the
public
employment
relations
board
finds
that
the
12
action
taken
in
regard
to
the
employee
was
in
violation
13
of
subsection
2
,
the
employee
may
be
reinstated
without
14
loss
of
pay
or
benefits
for
the
elapsed
period,
or
15
the
public
employment
relations
board
may
provide
16
other
appropriate
remedies.
Decisions
by
the
public
17
employment
relations
board
constitute
final
agency
18
action.
19
Sec.
28.
Section
105.10,
subsection
3,
Code
2013,
20
as
amended
by
2013
Iowa
Acts,
Senate
File
427,
section
21
10,
is
amended
to
read
as
follows:
22
3.
An
individual
holding
a
master
mechanical
23
license
shall
not
be
required
to
get
an
24
HVAC-refrigeration,
sheet
metal,
or
hydronic
license
in
25
order
to
design,
install,
or
repair
the
work
defined
26
in
this
chapter
as
mechanical,
HVAC-refrigeration,
27
sheet
metal,
or
hydronic
work.
An
individual
holding
28
a
journey
journeyperson
mechanical
license
shall
29
not
be
required
to
get
an
HVAC-refrigeration,
sheet
30
metal,
or
hydronic
license
in
order
to
install
and
31
repair
the
work
defined
in
this
chapter
as
mechanical,
32
HVAC-refrigeration,
sheet
metal,
or
hydronic
work.
An
33
individual
holding
a
master
or
journey
journeyperson
34
mechanical
license
shall
also
not
be
required
to
obtain
35
a
special,
restricted
license
that
is
designated
as
a
36
sublicense
of
the
mechanical,
HVAC-refrigeration,
sheet
37
metal,
or
hydronic
licenses.
38
Sec.
29.
Section
105.32,
as
enacted
by
2013
Iowa
39
Acts,
Senate
File
427,
section
32,
Code
2013,
is
40
amended
to
read
as
follows:
41
105.32
Transition
provisions.
42
A
licensee
whose
license
expires
between
June
30,
43
2014,
and
July
1,
2017,
may
voluntarily
renew
their
44
the
license
early
so
they
may
have
the
license
has
an
45
expiration
date
of
June
30,
2017.
This
voluntary
early
46
renewal
may
happen
at
any
time
on
or
after
July
1,
47
2014.
The
department
shall
promulgate
rules
that
allow
48
for
this
one-time
early
renewal
process,
including
fees
49
and
continuing
education
requirements.
50
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Sec.
30.
Section
126.11,
subsection
3,
paragraph
1
b,
Code
2013,
as
amended
by
2013
Iowa
Acts,
House
File
2
417,
section
26,
is
amended
to
read
as
follows:
3
b.
A
drug
dispensed
by
filling
or
refilling
a
4
written,
electronic,
facsimile,
or
oral
prescription
5
of
a
practitioner
licensed
by
law
to
administer
the
6
drug
is
exempt
from
section
126.10
,
except
section
7
126.10,
subsection
1
,
paragraph
“a”
,
section
126.10,
8
subsection
1,
paragraph
“i”
,
subparagraphs
(2)
and
(3),
9
and
section
126.10,
subsection
1
,
paragraphs
“k”
and
10
“l”
,
and
the
packaging
requirements
of
section
126.10,
11
subsection
1
,
paragraphs
“g”
,
“h”
,
and
“p”
,
if
the
12
drug
bears
a
label
containing
the
name
and
address
of
13
the
dispenser,
the
date
of
the
prescription
or
of
its
14
filling,
the
name
of
the
prescriber,
and,
if
stated
15
in
the
prescription,
the
name
of
the
patient,
and
the
16
directions
for
use
and
cautionary
statements,
if
any,
17
contained
in
the
prescription.
This
exemption
does
18
not
apply
to
a
drug
dispensed
in
the
course
of
the
19
conduct
of
the
business
of
dispensing
drugs
pursuant
to
20
diagnosis
by
mail,
or
to
a
drug
dispensed
in
violation
21
of
paragraph
“a”
of
this
subsection
.
22
Sec.
31.
Section
249A.43,
subsection
3,
as
enacted
23
by
2013
Iowa
Acts,
Senate
File
357,
section
7,
is
24
amended
to
read
as
follows:
25
3.
An
affidavit
of
service
of
a
notice
of
entry
26
of
judgment
shall
be
made
by
first
class
mail
at
the
27
address
where
the
debtor
was
served
with
the
notice
28
of
overpayment.
Service
is
completed
upon
mailing
as
29
specified
in
this
paragraph
subsection
.
30
Sec.
32.
Section
252D.17,
subsection
1,
paragraph
31
m,
as
enacted
by
2013
Iowa
Acts,
House
File
417,
32
section
55,
Code
2013,
is
amended
to
read
as
follows:
33
m.
2.
The
department
shall
establish
criteria
and
34
a
phased-in
schedule
to
require,
no
later
than
June
35
30,
2015,
payors
of
income
to
electronically
transmit
36
the
amounts
withheld
under
an
income
withholding
37
order.
The
department
shall
assist
payors
of
income
in
38
complying
with
the
required
electronic
transmission,
39
and
shall
adopt
rules
setting
forth
procedures
40
for
use
in
electronic
transmission
of
funds,
and
41
exemption
from
use
of
electronic
transmission
taking
42
into
consideration
any
undue
hardship
electronic
43
transmission
creates
for
payors
of
income.
44
Sec.
33.
Section
263B.3,
Code
2013,
as
amended
by
45
2013
Iowa
Acts,
House
File
417,
section
63,
is
amended
46
to
read
as
follows:
47
263B.3
Agreements
with
federal
departments.
48
The
state
archaeologist
is
authorized
to
enter
into
49
agreements
and
cooperative
efforts
with
the
federal
50
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46
highway
administrator,
the
United
States
departments
1
of
commerce,
interior,
agriculture,
and
defense,
2
and
any
other
federal
or
state
agencies
concerned
3
with
archaeological
salvage
or
the
preservation
of
4
antiquities.
5
Sec.
34.
Section
321.463,
subsection
12A,
6
paragraphs
a
and
c,
as
enacted
by
2013
Iowa
Acts,
House
7
File
14,
section
1,
are
amended
to
read
as
follows:
8
a.
A
person
operating
a
vehicle
or
combination
of
9
vehicles
equipped
with
a
retractable
axle
may
raise
the
10
axle
when
necessary
to
negotiate
a
turn,
provided
that
11
the
retractable
axle
is
lowered
within
one
thousand
12
feet
following
completion
of
the
turn.
This
paragraph
13
does
not
apply
to
a
vehicle
or
combination
of
vehicles
14
operated
on
an
interstate
highway,
including
a
ramp
to
15
or
from
an
interstate
highway,
or
on
a
bridge.
16
c.
This
subsection
does
not
prohibit
the
operation
17
of
a
vehicle
or
combination
of
vehicles
equipped
with
18
a
retractable
axle
from
operating
with
the
retractable
19
axle
raised
when
the
vehicle
or
combination
of
vehicles
20
is
in
compliance
with
the
weight
limitations
of
this
21
section
with
the
retractable
axle
raised.
22
Sec.
35.
Section
321E.9A,
subsection
1,
Code
2013,
23
as
amended
by
2013
Iowa
Acts,
Senate
File
355,
section
24
7,
is
amended
to
read
as
follows:
25
1.
Vehicles
with
indivisible
loads
having
an
26
overall
length
not
to
exceed
one
hundred
twenty
feet,
27
an
overall
width
not
to
exceed
sixteen
feet,
and
a
28
height
not
to
exceed
fifteen
feet
five
inches
may
29
be
moved
on
highways
specified
by
the
permitting
30
permit-issuing
authority,
provided
the
gross
weight
on
31
any
one
axle
shall
not
exceed
the
maximum
prescribed
32
in
section
321.463
and
the
total
gross
weight
is
not
33
greater
than
one
hundred
fifty-six
thousand
pounds.
34
Sec.
36.
Section
327F.39,
subsection
6,
paragraph
35
b,
if
enacted
by
2013
Iowa
Acts,
Senate
File
340,
36
section
4,
is
amended
to
read
as
follows:
37
b.
A
violation
of
subsection
4A
or
rules
adopted
38
pursuant
to
subsection
4A
by
a
railroad
worker
39
transportation
company
or
a
railroad
corporation
40
company
is
punishable
as
a
schedule
“one”
penalty
under
41
section
327C.5.
42
Sec.
37.
Section
418.5,
subsection
1,
Code
2013,
as
43
amended
by
2013
Iowa
Acts,
House
File
307,
section
51,
44
is
amended
to
read
as
follows:
45
1.
The
flood
mitigation
board
is
established
46
consisting
of
nine
voting
members
and
four
ex
officio,
47
nonvoting
members,
and
is
located
for
administrative
48
purposes
within
the
division
department
.
The
director
49
of
the
department
shall
provide
office
space,
staff
50
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46
assistance,
and
necessary
supplies
and
equipment
for
1
the
board.
The
director
shall
budget
funds
to
pay
the
2
necessary
expenses
of
the
board.
In
performing
its
3
functions,
the
board
is
performing
a
public
function
4
on
behalf
of
the
state
and
is
a
public
instrumentality
5
of
the
state.
6
Sec.
38.
Section
426A.11,
subsection
1,
Code
2013,
7
as
amended
by
2013
Iowa
Acts,
House
File
417,
section
8
97,
is
amended
to
read
as
follows:
9
1.
The
property,
not
to
exceed
two
thousand
seven
10
hundred
seventy-eight
dollars
in
taxable
value
of
any
11
veteran,
as
defined
in
section
35.1
,
of
the
World
War
12
I.
13
Sec.
39.
Section
455B.275,
subsection
3A,
14
paragraphs
a
and
b,
if
enacted
by
2013
Iowa
Acts,
House
15
File
541,
section
1,
are
amended
to
read
as
follows:
16
a.
The
person
reconstructing
the
dam
is
only
17
required
to
possess
the
flooding
easements
or
ownership
18
which
were
was
held
prior
to
the
reconstruction
as
long
19
as
the
former
normal
pool
elevation
is
not
exceeded
and
20
the
spillway
capacity
is
increased
by
at
least
fifty
21
percent.
22
b.
Flooding
easements
or
ownership
are
is
only
23
required
to
the
top
of
the
reconstructed
spillway
24
elevation.
25
Sec.
40.
Section
490.863,
subsection
3,
paragraph
26
a,
as
enacted
by
2013
Iowa
Acts,
House
File
469,
27
section
43,
is
amended
to
read
as
follows:
28
a.
“Holder”
means
and
“held
by”
refers
to
shares
29
held
by
both
a
record
shareholder,
as
defined
in
30
section
490.1301,
subsection
7,
and
a
beneficial
31
shareholder,
as
defined
in
section
490.1301,
subsection
32
2.
33
Sec.
41.
Section
490.1302,
subsection
2,
paragraph
34
d,
Code
2013,
as
amended
by
2013
Iowa
Acts,
House
File
35
469,
section
53,
is
amended
to
read
as
follows:
36
d.
Paragraph
“a”
,
shall
not
be
applicable
and
37
appraisal
rights
shall
be
available
pursuant
to
38
subsection
1
for
the
holders
of
any
class
or
series
39
of
shares
where
the
corporate
action
is
an
interested
40
transaction.
41
Sec.
42.
Section
522.6,
subsection
2,
if
enacted
by
42
2013
Iowa
Acts,
Senate
File
189,
section
6,
is
amended
43
to
read
as
follows:
44
2.
If
an
insurer
qualifies
for
exemption
from
the
45
requirements
of
this
chapter
pursuant
to
paragraph
“a”
46
of
subsection
1,
but
the
insurance
group
of
which
the
47
insurer
is
a
member
does
not
qualify
for
exemption
48
pursuant
to
paragraph
“b”
of
subsection
1,
then
the
49
own
risk
and
solvency
assessment
summary
report
that
50
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46
is
required
pursuant
to
section
521H.5
522.5
shall
1
include
information
concerning
every
insurer
in
the
2
insurance
group.
This
requirement
may
be
satisfied
by
3
the
submission
of
more
than
one
summary
report
for
any
4
combination
of
insurers
in
the
insurance
group
provided
5
that
the
combination
of
reports
submitted
includes
6
every
insurer
in
the
insurance
group.
7
Sec.
43.
Section
533.405,
subsection
4A,
paragraph
8
b,
subparagraphs
(1)
and
(2),
as
enacted
by
2013
Iowa
9
Acts,
Senate
File
183,
section
8,
are
amended
to
read
10
as
follows:
11
(1)
State
credit
unions
with
assets
in
excess
of
$5
12
five
million
dollars
as
of
the
month
ending
immediately
13
prior
to
the
date
of
the
conclusion
of
the
vote
by
the
14
membership
approving
the
dissolution
shall
publish
15
the
notice
once
a
week
for
two
successive
weeks
in
a
16
newspaper
of
general
circulation
in
each
county
in
17
which
the
state
credit
union
maintains
an
office
or
18
branch
for
the
transaction
of
business.
19
(2)
State
credit
unions
with
assets
of
$5
five
20
million
dollars
or
less
as
of
the
month
ending
21
immediately
prior
to
the
date
of
the
conclusion
of
22
the
vote
by
the
membership
approving
the
dissolution
23
shall
publish
the
notice
once
in
a
newspaper
of
general
24
circulation
in
each
county
in
which
the
state
credit
25
union
maintains
an
office
or
branch.
26
Sec.
44.
Section
543C.2,
subsection
1,
paragraph
j,
27
if
enacted
by
2013
Iowa
Acts,
House
File
556,
section
28
167,
is
amended
to
read
as
follows:
29
j.
The
subdivider,
if
a
corporation,
must
register
30
to
do
business
in
the
state
of
Iowa
as
a
foreign
31
corporation
with
the
secretary
of
state
and
furnish
a
32
copy
of
the
certificate
of
authority
to
do
business
33
in
the
state
of
Iowa.
If
not
a
corporation,
the
34
subdivider
must
comply
with
the
provisions
of
chapter
35
547
,
by
filing
a
proper
trade
name
with
the
Polk
36
county
recorder.
The
provisions
of
this
subsection
37
paragraph
shall
also
apply
to
any
person,
partnership,
38
firm,
company,
corporation,
or
association,
other
than
39
the
subdivider,
which
is
engaged
by
or
through
the
40
subdivider
for
the
purpose
of
advertising
or
selling
41
the
land
involved
in
the
filing.
42
Sec.
45.
Section
556.2,
subsection
5,
paragraph
a,
43
unnumbered
paragraph
1,
as
enacted
by
2013
Iowa
Acts,
44
House
File
417,
section
174,
is
amended
to
read
as
45
follows:
46
A
banking
organization
or
financial
organization
47
shall
send
to
the
owner
of
each
account,
to
which
none
48
of
the
actions
specified
in
subsection
2
1
,
paragraphs
49
“a”
through
“e”
or
subsection
2,
paragraphs
“a”
through
50
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“e”
have
occurred
during
the
preceding
three
calendar
1
years,
a
notice
by
certified
mail
stating
in
substance
2
the
following:
3
Sec.
46.
Section
716.7,
subsection
1,
as
amended
4
by
2013
Iowa
Acts,
House
File
556,
section
234,
if
5
enacted,
is
amended
to
read
as
follows:
6
1.
For
purposes
of
this
section:
7
a.
“Property”
shall
include
any
land,
dwelling,
8
building,
conveyance,
vehicle,
or
other
temporary
or
9
permanent
structure
whether
publicly
or
privately
10
owned.
11
b.
“Public
utility”
is
a
public
utility
as
defined
12
in
section
476.1
or
an
electric
transmission
line
as
13
provided
in
chapter
478.
14
b.
c.
“Public
utility
property”
means
any
land,
15
dwelling,
building,
conveyance,
vehicle,
or
other
16
temporary
or
permanent
structure
owned,
leased,
or
17
operated
by
a
public
utility
and
that
is
completely
18
enclosed
by
a
physical
barrier
of
any
kind.
For
19
the
purposes
of
this
section,
a
“public
utility”
is
20
a
public
utility
as
defined
in
section
476.1
or
an
21
electric
transmission
line
as
provided
in
chapter
478.
22
c.
d.
“Railway
corporation”
means
a
corporation,
23
company,
or
person
owning,
leasing,
or
operating
any
24
railroad
in
whole
or
in
part
within
this
state.
25
d.
e.
“Railway
property”
means
all
tangible
real
26
and
personal
property
owned,
leased,
or
operated
27
by
a
railway
corporation
with
the
exception
of
any
28
administrative
building
or
offices
of
the
railway
29
corporation.
30
Sec.
47.
Section
724.2,
subsection
1,
paragraph
i,
31
if
enacted
by
2013
Iowa
Acts,
House
File
556,
section
32
206,
is
amended
to
read
as
follows:
33
i.
A
nonresident
who
possesses
an
offensive
weapon
34
which
is
a
curio
or
relic
firearm
under
the
federal
35
Firearms
Act,
18
U.S.C.
ch.
44,
solely
for
use
in
36
official
functions
in
this
state
of
a
historical
37
reenactment
organization
of
which
the
person
is
a
38
member,
if
the
offensive
weapon
is
legally
possessed
39
by
the
person
in
the
person’s
state
of
residence
and
40
the
offensive
weapon
is
at
all
times
while
in
this
41
state
rendered
incapable
of
firing
live
ammunition.
A
42
nonresident
who
possesses
an
offensive
weapon
under
43
this
subsection
paragraph
while
in
this
state
shall
44
not
have
in
the
person’s
possession
live
ammunition.
45
The
offensive
weapon
may,
however,
be
adapted
for
the
46
firing
of
blank
ammunition.
47
Sec.
48.
2013
Iowa
Acts,
House
File
556,
section
48
257,
subsection
3,
if
enacted,
is
amended
by
adding
the
49
following
new
subsection:
50
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46
NEW
SUBSECTION
.
12.
The
Code
editor
is
directed
1
to
change
any
terminology
that
references
a
web
site,
2
websites,
the
internet,
and
internet
site,
or
internet
3
sites
in
any
Act
enacted
during
the
2013
regular
4
session
of
the
Eighty-fifth
General
Assembly
in
the
5
same
manner
as
that
terminology
is
changed
in
this
6
section
of
this
Act.
7
Sec.
49.
2013
Iowa
Acts,
House
File
607,
section
8
29,
subsection
3,
if
enacted,
is
amended
to
read
as
9
follows:
10
3.
The
department
of
agriculture
and
land
11
stewardship
or
the
office
of
attorney
general
acting
12
on
behalf
of
the
agricultural
development
authority
in
13
an
administrative
or
judicial
proceeding
shall
not
be
14
affected
as
a
result
of
this
Act.
Any
statue
statute
15
of
limitation
shall
apply
to
the
parties
as
if
this
Act
16
had
not
been
enacted.
17
Sec.
50.
2013
Iowa
Acts,
House
File
607,
section
18
34,
if
enacted,
is
amended
to
read
as
follows:
19
SEC.
34.
ADMINISTRATION
OF
ONGOING
PROGRAMS.
The
20
Iowa
finance
authority
shall
complete
the
21
administration
of
ongoing
programs
of
the
agricultural
22
development
authority
as
provided
in
chapter
175,
to
23
the
extent
that
the
administration
of
those
programs
24
are
is
in
progress
on
the
effective
date
of
this
25
division
of
this
Act.
The
Iowa
finance
authority
shall
26
assume
all
rights
and
obligations
of
the
agricultural
27
development
authority
to
the
extent
that
moneys
have
28
been
committed,
obligations
incurred,
or
rights
accrued
29
prior
to
the
effective
date
of
this
division
of
this
30
Act.
Moneys
owing
due
to
the
rights
and
obligations
of
31
the
agricultural
development
authority
and
assumed
by
32
the
Iowa
finance
authority
shall
be
paid
as
directed
by
33
the
Iowa
finance
authority.
34
Sec.
51.
2013
Iowa
Acts,
House
File
607,
section
35
35,
subsection
1,
if
enacted,
is
amended
to
read
as
36
follows:
37
1.
The
assets
and
liabilities
of
the
former
38
Iowa
rural
rehabilitation
corporation
assumed
by
39
the
agricultural
development
authority
pursuant
to
40
section
175.28
shall
be
transferred
to
the
Iowa
finance
41
authority
on
the
effective
date
of
this
division
of
42
this
Act.
On
such
effective
date,
the
Iowa
finance
43
authority
shall
be
the
successor
in
interest
to
44
the
agreements
in
effect
between
the
United
States
45
government
and
the
agricultural
development
authority
46
on
behalf
of
this
state.
47
Sec.
52.
2013
Iowa
Acts,
Senate
File
427,
section
48
35,
is
amended
to
read
as
follows:
49
SEC.
35
ADMINISTRATIVE
RULES.
The
department
50
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46
of
public
health
shall
adopt
all
initial
rules,
1
and
amendments
to
existing
rules,
necessary
for
the
2
implementation
of
this
Act.
3
Sec.
53.
REPEAL.
2013
Iowa
Acts,
House
File
417,
4
section
34,
and
2013
Iowa
Acts,
House
File
556,
section
5
27,
if
enacted,
are
repealed.
6
Sec.
54.
REPEAL.
2013
Iowa
Acts,
House
File
469,
7
sections
83
and
84,
are
repealed.
8
Sec.
55.
CONTINGENT
REPEAL.
If
2013
Iowa
Acts,
9
House
File
575,
section
12,
is
enacted,
2013
Iowa
Acts,
10
House
File
417,
section
93,
is
repealed.
11
DIVISION
IV
12
EMINENT
DOMAIN
13
Sec.
56.
NEW
SECTION
.
6A.15
Property
on
state
14
historic
registry.
15
1.
Property
listed
on
the
state
register
of
16
historic
places
maintained
by
the
historical
division
17
of
the
department
of
cultural
affairs
shall
not
be
18
removed
from
the
register
solely
for
the
purpose
of
19
allowing
acquisition
of
the
property
by
condemnation,
20
unless
such
condemnation
is
undertaken
by
the
21
department
of
transportation.
22
2.
Property
listed
on
the
state
register
of
23
historic
places
maintained
by
the
historical
division
24
of
the
department
of
cultural
affairs
shall
not
be
25
condemned
by
the
state
or
a
political
subdivision
26
unless
a
joint
resolution
authorizing
commencement
of
27
the
condemnation
proceedings
is
approved
by
a
vote
of
28
at
least
two-thirds
of
the
members
of
both
chambers
29
of
the
general
assembly
and
signed
by
the
governor.
30
The
approval
requirements
of
this
subsection
shall
not
31
apply
to
condemnation
undertaken
by
the
department
of
32
transportation.
33
Sec.
57.
Section
6A.19,
Code
2013,
is
amended
to
34
read
as
follows:
35
6A.19
Interpretative
clause.
36
A
grant
in
this
chapter
of
right
to
take
private
37
property
for
a
public
use
shall
not
be
construed
as
38
limiting
a
like
grant
elsewhere
in
the
Code
for
another
39
and
different
use.
Unless
specifically
provided
by
40
law,
this
chapter
shall
not
be
construed
to
limit
or
41
otherwise
affect
the
application
of
chapters
478
and
42
479
to
the
eminent
domain
authority
of
the
utilities
43
division
of
the
department
of
commerce.
44
Sec.
58.
Section
6A.22,
subsection
2,
paragraph
45
c,
subparagraph
(1),
Code
2013,
is
amended
to
read
as
46
follows:
47
(1)
(a)
If
private
property
is
to
be
condemned
for
48
development
or
creation
of
a
lake,
only
that
number
49
of
acres
justified
as
reasonable
and
necessary
for
50
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a
surface
drinking
water
source,
and
not
otherwise
1
acquired,
may
be
condemned.
In
addition,
the
acquiring
2
agency
shall
conduct
a
review
of
prudent
and
feasible
3
alternatives
to
provision
of
a
drinking
water
source
4
prior
to
making
a
determination
that
such
lake
5
development
or
creation
is
reasonable
and
necessary.
6
Development
or
creation
of
a
lake
as
a
surface
drinking
7
water
source
includes
all
of
the
following:
8
(i)
Construction
of
the
dam,
including
sites
for
9
suitable
borrow
material
and
the
auxiliary
spillway.
10
(ii)
The
water
supply
pool.
11
(iii)
The
sediment
pool.
12
(iv)
The
flood
control
pool.
13
(v)
The
floodwater
retarding
pool.
14
(vi)
The
surrounding
area
upstream
of
the
dam
15
no
higher
in
elevation
than
the
top
of
the
dam’s
16
elevation.
17
(vii)
The
appropriate
setback
distance
required
18
by
state
or
federal
laws
and
regulations
to
protect
19
drinking
water
supply.
20
(b)
For
purposes
of
this
subparagraph
(1),
“number
21
of
acres
justified
as
reasonable
and
necessary
for
22
a
surface
drinking
water
source”
means
according
to
23
guidelines
of
the
United
States
natural
resource
24
conservation
service
and
according
to
analyses
of
25
surface
drinking
water
capacity
needs
conducted
26
by
one
or
more
registered
professional
engineers.
27
The
registered
professional
engineers
may,
if
28
appropriate,
employ
standards
or
guidelines
other
29
than
the
guidelines
of
the
United
States
natural
30
resource
conservation
service
when
determining
the
31
number
of
acres
justified
as
reasonable
and
necessary
32
for
a
surface
drinking
water
source.
The
data
and
33
information
used
by
the
registered
professional
34
engineers
shall
include
data
and
information
relating
35
to
population
and
commercial
enterprise
activity
for
36
the
area
from
the
two
most
recent
federal
decennial
37
censuses
unless
the
district
court
of
the
county
in
38
which
the
property
is
situated
has
determined
by
a
39
preponderance
of
the
evidence
that
such
data
would
40
not
accurately
predict
the
population
and
commercial
41
enterprise
activity
of
the
area
in
the
future.
42
(c)
A
second
review
or
analysis
of
the
drinking
43
water
capacity
needs
shall
be
performed
upon
receipt
44
by
the
acquiring
agency
of
a
petition
signed
by
not
45
less
than
twenty-five
percent
of
the
affected
property
46
owners.
The
registered
professional
engineer
to
47
perform
the
second
review
or
analysis
shall
be
selected
48
by
a
committee
appointed
by
the
affected
property
49
owners
and
whose
membership
is
comprised
of
at
least
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fifty
percent
property
owners
affected
by
the
proposed
1
condemnation
action.
The
acquiring
agency
shall
be
2
responsible
for
paying
the
fees
and
expenses
of
such
3
an
engineer.
4
(d)
If
private
property
is
to
be
condemned
for
5
development
or
creation
of
a
lake,
the
plans,
analyses,
6
applications,
including
any
application
for
funding,
7
and
other
planning
activities
of
the
acquiring
agency
8
shall
not
include
or
provide
for
the
use
of
the
lake
9
for
recreational
purposes.
10
Sec.
59.
Section
6B.54,
subsection
10,
paragraph
11
a,
Code
2013,
is
amended
by
adding
the
following
new
12
subparagraph:
13
NEW
SUBPARAGRAPH
.
(3)
Reasonable
attorney
fees
and
14
reasonable
costs
not
to
exceed
one
hundred
thousand
15
dollars,
attributable
to
a
determination
that
the
16
creation
of
a
lake
through
condemnation
includes
a
17
future
recreational
use
or
that
a
violation
of
section
18
6A.22,
subsection
2,
paragraph
“c”
,
subparagraph
(1),
19
subparagraph
division
(d),
has
occurred,
if
such
fees
20
and
costs
are
not
otherwise
provided
under
section
21
6B.33.
22
Sec.
60.
NEW
SECTION
.
6B.56B
Disposition
of
23
condemned
property
——
two-year
time
period.
24
1.
When
two
years
have
elapsed
since
property
25
was
condemned
for
the
creation
of
a
lake
according
26
to
the
requirements
of
section
6A.22,
subsection
2,
27
paragraph
“c”
,
subparagraph
(1),
and
the
property
has
28
not
been
used
for
or
construction
has
not
progressed
29
substantially
from
the
date
the
property
was
condemned
30
for
the
purpose
stated
in
the
application
filed
31
pursuant
to
section
6B.3,
and
the
acquiring
agency
has
32
not
taken
action
to
dispose
of
the
property
pursuant
33
to
section
6B.56,
the
acquiring
agency
shall,
within
34
sixty
days,
adopt
a
resolution
offering
the
property
35
for
sale
to
the
prior
owner
at
a
price
as
provided
in
36
section
6B.56.
If
the
resolution
adopted
approves
an
37
offer
of
sale
to
the
prior
owner,
the
offer
shall
be
38
made
in
writing
and
mailed
by
certified
mail
to
the
39
prior
owner.
The
prior
owner
has
one
hundred
eighty
40
days
after
the
offer
is
mailed
to
purchase
the
property
41
from
the
acquiring
agency.
42
2.
If
the
acquiring
agency
has
not
adopted
a
43
resolution
described
in
subsection
1
within
the
44
sixty-day
time
period,
the
prior
owner
may,
in
writing,
45
petition
the
acquiring
agency
to
offer
the
property
46
for
sale
to
the
prior
owner
at
a
price
as
provided
in
47
section
6B.56.
Within
sixty
days
after
receipt
of
48
such
a
petition,
the
acquiring
agency
shall
adopt
a
49
resolution
described
in
subsection
1.
If
the
acquiring
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46
agency
does
not
adopt
such
a
resolution
within
sixty
1
days
after
receipt
of
the
petition,
the
acquiring
2
agency
is
deemed
to
have
offered
the
property
for
sale
3
to
the
prior
owner.
4
3.
The
acquiring
agency
shall
give
written
notice
5
to
the
owner
of
the
right
to
purchase
the
property
6
under
this
section
at
the
time
damages
are
paid
to
the
7
owner.
8
Sec.
61.
Section
403.7,
subsection
1,
unnumbered
9
paragraph
1,
Code
2013,
is
amended
to
read
as
follows:
10
A
municipality
shall
have
the
right
to
acquire
by
11
condemnation
any
interest
in
real
property,
including
a
12
fee
simple
title
thereto,
which
it
may
deem
necessary
13
for
or
in
connection
with
an
urban
renewal
project
14
under
this
chapter
,
subject
to
the
limitations
on
15
eminent
domain
authority
in
chapter
chapters
6A
and
6B
.
16
However,
a
municipality
shall
not
condemn
agricultural
17
land
included
within
an
economic
development
area
18
for
any
use
unless
the
owner
of
the
agricultural
land
19
consents
to
condemnation
or
unless
the
municipality
20
determines
that
the
land
is
necessary
or
useful
for
any
21
of
the
following:
22
Sec.
62.
NEW
SECTION
.
423B.11
Use
of
revenues
——
23
limitation.
24
The
revenue
raised
by
a
local
sales
and
services
25
tax
imposed
under
this
chapter
by
a
county
shall
not
26
be
expended
for
any
purpose
related
to
a
project
that
27
includes
the
condemnation
of
private
property
for
28
the
creation
of
a
lake
according
to
the
requirements
29
of
section
6A.22,
subsection
2,
paragraph
“c”
,
30
subparagraph
(1),
if
the
local
sales
and
services
tax
31
has
not
been
approved
at
election
in
the
area
where
the
32
property
to
be
condemned
is
located.
33
Sec.
63.
Section
455A.5,
Code
2013,
is
amended
by
34
adding
the
following
new
subsection:
35
NEW
SUBSECTION
.
7.
The
authority
granted
to
the
36
commission
to
acquire
real
property
for
purposes
37
of
carrying
out
a
duty
related
to
development
or
38
maintenance
of
the
recreation
resources
of
the
state,
39
including
planning,
acquisition,
and
development
of
40
recreational
projects,
and
areas
and
facilities
related
41
to
such
projects,
shall
not
include
the
authority
to
42
acquire
real
property
by
eminent
domain.
43
Sec.
64.
Section
456A.24,
subsection
2,
unnumbered
44
paragraph
1,
Code
2013,
is
amended
to
read
as
follows:
45
Acquire
by
purchase,
condemnation,
lease,
agreement,
46
gift,
and
devise
lands
or
waters
suitable
for
the
47
purposes
hereinafter
enumerated,
and
rights-of-way
48
thereto,
and
to
maintain
the
same
for
the
following
49
purposes
,
to
wit
:
50
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Sec.
65.
Section
456A.24,
Code
2013,
is
amended
by
1
adding
the
following
new
subsection:
2
NEW
SUBSECTION
.
15.
The
authority
granted
the
3
department
to
acquire
real
property
for
any
statutory
4
purpose
relating
to
the
development
or
maintenance
5
of
the
recreation
resources
of
the
state,
including
6
planning,
acquisition,
and
development
of
recreational
7
projects,
and
areas
and
facilities
related
to
such
8
projects,
shall
not
include
the
authority
to
acquire
9
real
property
by
eminent
domain.
10
Sec.
66.
Section
461A.7,
Code
2013,
is
amended
to
11
read
as
follows:
12
461A.7
Eminent
domain
Purchase
of
lands
——
public
13
parks
.
14
The
commission
may
purchase
or
condemn
lands
from
15
willing
sellers
for
public
parks.
No
A
contract
for
16
the
purchase
of
such
public
parks
shall
not
be
made
to
17
an
amount
in
excess
of
funds
appropriated
therefor
by
18
the
general
assembly.
19
Sec.
67.
Section
461A.10,
Code
2013,
is
amended
to
20
read
as
follows:
21
461A.10
Title
to
lands.
22
The
title
to
all
lands
purchased,
condemned,
or
23
donated
,
hereunder,
for
park
or
highway
purposes
and
24
the
title
to
all
lands
purchased,
condemned,
or
donated
25
hereunder
for
highway
purposes
,
shall
be
taken
in
the
26
name
of
the
state
and
if
thereafter
it
shall
be
deemed
27
advisable
to
sell
any
portion
of
the
land
so
purchased
28
or
condemned,
the
proceeds
of
such
sale
shall
be
placed
29
to
the
credit
of
the
said
public
state
parks
fund
to
be
30
used
for
such
park
purposes.
31
Sec.
68.
Section
463C.8,
subsection
1,
paragraph
k,
32
Code
2013,
is
amended
to
read
as
follows:
33
k.
The
power
to
acquire,
own,
hold,
administer,
34
and
dispose
of
property
,
except
that
such
power
is
not
35
a
grant
of
authority
to
acquire
property
by
eminent
36
domain
.
37
Sec.
69.
REPEAL.
Sections
461A.9
and
461A.75,
Code
38
2013,
are
repealed.
39
Sec.
70.
SEVERABILITY.
If
any
provision
of
this
40
Act
is
held
invalid,
the
invalidity
shall
not
affect
41
other
provisions
or
applications
of
this
Act
which
can
42
be
given
effect
without
the
invalid
provision,
and
to
43
this
end
the
provisions
of
this
Act
are
severable
as
44
provided
in
section
4.12.
45
Sec.
71.
EFFECTIVE
UPON
ENACTMENT.
This
division
46
of
this
Act,
being
deemed
of
immediate
importance,
47
takes
effect
upon
enactment.
48
Sec.
72.
APPLICABILITY.
Except
as
otherwise
49
provided
in
this
division
of
this
Act,
this
division
50
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46
of
this
Act
applies
to
projects
or
condemnation
1
proceedings
pending
or
commenced
on
or
after
the
2
effective
date
of
this
Act.
3
Sec.
73.
RETROACTIVE
APPLICABILITY.
4
Notwithstanding
any
provision
of
law
to
the
contrary,
5
the
following
provision
or
provisions
of
this
division
6
of
this
Act
apply
retroactively
to
projects
or
7
condemnation
proceedings
pending
or
commenced
on
or
8
after
February
15,
2013:
9
1.
The
section
amending
section
6A.22.
10
2.
The
section
enacting
section
6B.56B.
11
DIVISION
V
12
APPORTIONMENT
OF
TRANSPORTATION
FUNDS
——
APPROPRIATION
13
Sec.
74.
Section
312.3,
subsection
2,
Code
2013,
is
14
amended
by
adding
the
following
new
paragraph:
15
NEW
PARAGRAPH
.
d.
For
purposes
of
apportioning
16
among
the
cities
of
the
state
the
percentage
of
17
the
road
use
tax
fund
to
be
credited
to
the
street
18
construction
fund
of
the
cities
for
each
month
19
beginning
April
2011
and
ending
March
2021
pursuant
to
20
this
subsection,
the
population
of
each
city
shall
be
21
determined
by
the
greater
of
the
population
of
the
city
22
as
of
the
last
preceding
certified
federal
census
or
23
as
of
the
April
1,
2010,
population
estimates
base
as
24
determined
by
the
United
States
census
bureau.
25
Sec.
75.
STREET
CONSTRUCTION
FUND
——
APPROPRIATION.
26
1.
In
a
written
application
to
the
treasurer
of
27
state
submitted
by
October
1,
2013,
a
city
may
request
28
an
additional
distribution
of
moneys
to
be
credited
29
to
the
street
construction
fund
of
the
city
equal
to
30
that
additional
amount,
calculated
by
the
treasurer,
31
that
the
city
would
have
received
if
the
funds
were
32
apportioned
based
upon
the
population
of
the
city
as
33
determined
by
section
312.3,
subsection
2,
paragraph
34
“d”,
as
enacted
in
this
division
of
this
Act,
for
the
35
months
prior
to
the
effective
date
of
this
division
of
36
this
Act.
37
2.
Upon
determination
by
the
treasurer
of
state
38
that
an
additional
amount
should
be
credited
to
a
city
39
as
provided
by
this
section,
there
is
appropriated
from
40
the
general
fund
of
the
state
to
the
department
of
41
transportation,
for
the
fiscal
year
beginning
July
1,
42
2013,
and
ending
June
30,
2014,
an
amount
sufficient
to
43
pay
the
additional
amount
which
shall
be
distributed
to
44
the
city
for
deposit
in
the
street
construction
fund
45
of
the
city.
46
Sec.
76.
EFFECTIVE
UPON
ENACTMENT.
This
division
47
of
this
Act,
being
deemed
of
immediate
importance,
48
takes
effect
upon
enactment.
49
Sec.
77.
RETROACTIVE
APPLICABILITY.
This
division
50
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46
of
this
Act
applies
retroactively
to
April
2011.
1
DIVISION
VI
2
INSURANCE
PRODUCERS
3
Sec.
78.
Section
522B.1,
Code
2013,
is
amended
by
4
adding
the
following
new
subsections:
5
NEW
SUBSECTION
.
7A.
“Intended
beneficiary”
means
6
a
person
who
is
not
listed
as
a
beneficiary
of
an
7
insurance
policy
or
contract
in
the
records
of
the
8
insurer.
9
NEW
SUBSECTION
.
12A.
“Policy
owner”
means
the
10
person
who
is
identified
as
the
legal
owner
of
an
11
insurance
policy
or
contract
under
the
terms
of
the
12
insurance
policy
or
contract,
or
who
is
otherwise
13
vested
with
legal
title
to
the
insurance
policy
or
14
contract
through
a
valid
assignment
completed
in
15
accordance
with
the
terms
of
the
insurance
policy
or
16
contract
and
is
properly
recorded
as
the
legal
owner
of
17
the
policy
or
contract
in
the
records
of
the
insurer.
18
“Policy
owner”
does
not
include
a
person
who
has
a
mere
19
beneficial
interest
in
an
insurance
policy
or
contract.
20
Sec.
79.
Section
522B.11,
subsection
7,
Code
2013,
21
is
amended
by
striking
the
subsection
and
inserting
in
22
lieu
thereof
the
following:
23
7.
a.
Unless
otherwise
specified
in
this
chapter,
24
the
duties
and
responsibilities
of
an
insurance
25
producer
are
limited
to
using
reasonable
care,
26
diligence,
and
judgment
in
procuring
the
insurance
27
requested
of
the
insurance
producer
by
the
policy
28
owner.
29
b.
An
insurance
producer
has
no
duty
to
change
the
30
beneficiary
of
an
insurance
policy
or
contract
unless
31
clear
written
evidence
of
the
policy
owner’s
intent
32
to
name
an
intended
beneficiary
as
a
beneficiary
of
33
the
policy
or
contract
is
presented
to
the
insurance
34
producer
or
insurer
in
the
manner
required
by
the
35
policy
or
contract,
prior
to
the
payment
of
any
36
insurance
benefits
under
the
policy
or
contract.
Such
37
evidence
shall
be
provided
in
the
same
manner
as
a
38
claim
for
benefits
under
the
policy
or
contract.
39
c.
An
insurance
producer
is
not
in
the
business
40
of
supplying
information
to
others
and
has
no
duty
41
to
provide
advice
or
information
unless
the
insurance
42
producer
holds
oneself
out
as
an
insurance
specialist,
43
consultant,
or
counselor
and
receives
compensation
for
44
consultation
and
advice
apart
from
commissions
paid
by
45
an
insurer.
46
d.
An
insurance
producer
may
agree
to
accept
47
additional
duties
and
responsibilities
not
specified
in
48
this
chapter.
Any
agreement
by
an
insurance
producer
49
to
accept
such
additional
duties
and
responsibilities
50
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shall
be
in
writing
and
signed
by
the
insurance
1
producer
and
the
policy
owner.
2
e.
The
general
assembly
declares
that
the
holdings
3
of
Langwith
v.
Am.
Nat’l
Gen.
Ins.
Co.,
793
N.W.2d
4
215
(Iowa
2010)
and
Pitts
v.
Farm
Bureau
Life
Ins.
5
Co.,
818
N.W.2d
91
(Iowa
2012)
are
abrogated
to
the
6
extent
that
they
impose
higher
or
greater
duties
and
7
responsibilities
on
insurance
producers
than
those
set
8
forth
in
this
subsection.
9
DIVISION
VII
10
PROTEST
AND
APPEAL
OF
PROPERTY
ASSESSMENTS
11
Sec.
80.
Section
421.1A,
subsection
6,
Code
2013,
12
is
amended
to
read
as
follows:
13
6.
The
members
of
the
property
assessment
appeal
14
board
shall
receive
compensation
from
the
state
15
commensurate
with
the
salary
of
a
district
judge
16
through
December
31,
2013
.
The
members
of
the
board
17
shall
be
considered
state
employees
for
purposes
of
18
salary
and
benefits.
The
members
of
the
board
and
19
any
employees
of
the
board,
when
required
to
travel
20
in
the
discharge
of
official
duties,
shall
be
paid
21
their
actual
and
necessary
expenses
incurred
in
the
22
performance
of
duties.
23
Sec.
81.
Section
421.1A,
subsection
7,
Code
2013,
24
is
amended
by
striking
the
subsection.
25
Sec.
82.
Section
441.21,
subsection
3,
Code
2013,
26
is
amended
to
read
as
follows:
27
3.
a.
“Actual
value”
,
“taxable
value”
,
or
“assessed
28
value”
as
used
in
other
sections
of
the
Code
in
29
relation
to
assessment
of
property
for
taxation
shall
30
mean
the
valuations
as
determined
by
this
section
;
31
however,
other
provisions
of
the
Code
providing
special
32
methods
or
formulas
for
assessing
or
valuing
specified
33
property
shall
remain
in
effect,
but
this
section
34
shall
be
applicable
to
the
extent
consistent
with
such
35
provisions.
The
assessor
and
department
of
revenue
36
shall
disclose
at
the
written
request
of
the
taxpayer
37
all
information
in
any
formula
or
method
used
to
38
determine
the
actual
value
of
the
taxpayer’s
property.
39
b.
The
burden
of
proof
shall
be
upon
any
40
complainant
attacking
such
valuation
as
excessive,
41
inadequate,
inequitable,
or
capricious;
however,
in
42
protest
or
appeal
proceedings
when
the
complainant
43
offers
competent
evidence
by
at
least
two
disinterested
44
witnesses
that
the
market
value
of
the
property
is
less
45
than
the
market
value
determined
by
the
assessor,
the
46
burden
of
proof
thereafter
shall
be
upon
the
officials
47
or
persons
seeking
to
uphold
such
valuation
to
be
48
assessed.
49
Sec.
83.
Section
441.35,
subsection
2,
Code
2013,
50
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is
amended
to
read
as
follows:
1
2.
In
any
year
after
the
year
in
which
an
2
assessment
has
been
made
of
all
of
the
real
estate
3
in
any
taxing
district,
the
board
of
review
shall
4
meet
as
provided
in
section
441.33
,
and
where
the
5
board
finds
the
same
has
changed
in
value,
the
board
6
shall
revalue
and
reassess
any
part
or
all
of
the
7
real
estate
contained
in
such
taxing
district,
and
8
in
such
case,
the
board
shall
determine
the
actual
9
value
as
of
January
1
of
the
year
of
the
revaluation
10
and
reassessment
and
compute
the
taxable
value
11
thereof.
Any
aggrieved
taxpayer
may
petition
for
12
a
revaluation
of
the
taxpayer’s
property,
but
no
13
reduction
or
increase
shall
be
made
for
prior
years.
14
If
the
assessment
of
any
such
property
is
raised,
or
15
any
property
is
added
to
the
tax
list
by
the
board,
16
the
clerk
shall
give
notice
in
the
manner
provided
in
17
section
441.36
.
However,
if
the
assessment
of
all
18
property
in
any
taxing
district
is
raised,
the
board
19
may
instruct
the
clerk
to
give
immediate
notice
by
one
20
publication
in
one
of
the
official
newspapers
located
21
in
the
taxing
district,
and
such
published
notice
22
shall
take
the
place
of
the
mailed
notice
provided
for
23
in
section
441.36
,
but
all
other
provisions
of
that
24
section
shall
apply.
The
decision
of
the
board
as
to
25
the
foregoing
matters
shall
be
subject
to
appeal
to
the
26
property
assessment
appeal
board
within
the
same
time
27
and
in
the
same
manner
as
provided
in
section
441.37A
28
and
to
the
district
court
within
the
same
time
and
in
29
the
same
manner
as
provided
in
section
441.38
.
30
Sec.
84.
Section
441.37,
subsection
1,
paragraphs
a
31
and
b,
Code
2013,
are
amended
to
read
as
follows:
32
a.
Any
property
owner
or
aggrieved
taxpayer
who
is
33
dissatisfied
with
the
owner’s
or
taxpayer’s
assessment
34
may
file
a
protest
against
such
assessment
with
the
35
board
of
review
on
or
after
April
16,
to
and
including
36
May
5,
of
the
year
of
the
assessment.
In
any
county
37
which
has
been
declared
to
be
a
disaster
area
by
proper
38
federal
authorities
after
March
1
and
prior
to
May
20
39
of
said
year
of
assessment,
the
board
of
review
shall
40
be
authorized
to
remain
in
session
until
June
15
and
41
the
time
for
filing
a
protest
shall
be
extended
to
and
42
include
the
period
from
May
25
to
June
5
of
such
year.
43
Said
The
protest
shall
be
in
writing
and
signed
by
the
44
one
protesting
or
by
the
protester’s
duly
authorized
45
agent.
The
taxpayer
may
have
an
oral
hearing
thereon
46
on
the
protest
if
request
therefor
for
the
oral
hearing
47
is
made
in
writing
is
made
at
the
time
of
filing
the
48
protest.
Said
The
protest
must
be
confined
to
one
or
49
more
of
the
following
grounds:
50
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(1)
For
odd-numbered
assessment
years
and
for
1
even-numbered
assessment
years
for
property
that
was
2
reassessed
in
such
even-numbered
assessment
year:
3
(a)
That
said
assessment
is
not
equitable
as
4
compared
with
assessments
of
other
like
property
in
5
the
taxing
district
assessing
jurisdiction
.
When
this
6
ground
is
relied
upon
as
the
basis
of
a
protest
the
7
legal
description
and
assessments
of
a
representative
8
number
of
comparable
properties,
as
described
by
the
9
aggrieved
taxpayer
shall
be
listed
on
the
protest,
10
otherwise
said
protest
shall
not
be
considered
on
this
11
ground
consideration
shall
be
given
to
whether
the
12
other
like
property
in
the
assessing
jurisdiction
was
13
appraised
using
a
different
appraisal
methodology
than
14
the
methodology
used
to
appraise
the
property
that
is
15
the
subject
of
the
protest
.
16
(2)
(b)
That
the
property
is
assessed
for
more
17
than
the
value
authorized
by
law
,
stating
.
When
18
this
ground
is
relied
upon,
the
specific
amount
which
19
the
protesting
party
believes
the
property
to
be
20
overassessed,
and
the
amount
which
the
party
considers
21
to
be
its
actual
value
and
the
amount
the
party
22
considers
a
fair
assessment
shall
be
stated
.
23
(3)
(c)
That
the
property
is
not
assessable,
is
24
exempt
from
taxes,
or
is
misclassified
and
stating
the
25
reasons
for
the
protest.
26
(4)
(d)
That
there
is
an
error
in
the
assessment
27
and
state
the
specific
alleged
error.
When
this
ground
28
is
relied
upon,
it
may
include
but
is
not
limited
to
29
listing
errors,
clerical
or
mathematical
errors,
or
30
other
errors
that
result
in
an
error
in
the
assessment.
31
(5)
(e)
That
there
is
fraud
in
the
assessment
32
which
shall
be
specifically
stated.
33
(2)
For
even-numbered
assessment
years,
when
the
34
property
has
not
been
reassessed
in
such
even-numbered
35
assessment
year,
that
there
has
been
a
decrease
in
the
36
value
of
the
property
from
the
previous
reassessment
37
year.
When
this
ground
is
relied
upon,
the
decrease
in
38
value
shall
be
shown
by
comparing
the
market
value
of
39
the
property
as
of
January
1
of
the
current
assessment
40
year
and
the
actual
value
of
the
property
for
the
41
previous
reassessment
year.
Such
protest
shall
be
42
in
the
same
manner
as
described
in
this
section
and
43
shall
be
reviewed
by
the
local
board
of
review
pursuant
44
to
section
441.35,
subsection
2,
but
no
reduction
or
45
increase
shall
be
made
for
prior
years.
46
b.
In
addition
to
the
above,
the
property
owner
47
may
protest
annually
to
the
board
of
review
under
48
the
provisions
of
section
441.35
,
but
such
protest
49
shall
be
in
the
same
manner
and
upon
the
same
terms
as
50
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46
heretofore
prescribed
in
this
section
.
The
burden
of
1
proof
for
all
protests
filed
under
this
section
shall
2
be
as
stated
in
section
441.21,
subsection
3,
paragraph
3
“b”
.
4
Sec.
85.
Section
441.37A,
subsection
1,
paragraph
5
b,
Code
2013,
is
amended
to
read
as
follows:
6
b.
For
an
appeal
to
the
property
assessment
appeal
7
board
to
be
valid,
written
notice
must
be
filed
by
8
the
party
appealing
the
decision
with
the
secretary
9
of
the
property
assessment
appeal
board
within
twenty
10
days
after
the
date
the
board
of
review’s
letter
of
11
disposition
of
the
appeal
is
postmarked
to
the
party
12
making
the
protest
adjournment
of
the
local
board
of
13
review
or
May
31,
whichever
is
later
.
The
written
14
notice
of
appeal
shall
include
a
petition
setting
forth
15
the
basis
of
the
appeal
and
the
relief
sought.
No
new
16
grounds
in
addition
to
those
set
out
in
the
protest
17
to
the
local
board
of
review
as
provided
in
section
18
441.37
can
be
pleaded,
but
additional
evidence
to
19
sustain
those
grounds
may
be
introduced.
The
assessor
20
shall
have
the
same
right
to
appeal
to
the
assessment
21
appeal
board
as
an
individual
taxpayer,
public
body,
or
22
other
public
officer
as
provided
in
section
441.42
.
An
23
appeal
to
the
board
is
a
contested
case
under
chapter
24
17A
.
25
Sec.
86.
Section
441.37A,
subsection
2,
paragraph
26
a,
Code
2013,
is
amended
to
read
as
follows:
27
a.
A
party
to
the
appeal
may
request
a
hearing
or
28
the
appeal
may
proceed
without
a
hearing.
If
a
hearing
29
is
requested,
the
appellant
and
the
local
board
of
30
review
from
which
the
appeal
is
taken
shall
be
given
31
at
least
thirty
days’
written
notice
by
the
property
32
assessment
appeal
board
of
the
date
the
appeal
shall
be
33
heard
and
the
local
board
of
review
may
be
present
and
34
participate
at
such
hearing.
Notice
to
all
affected
35
taxing
districts
shall
be
deemed
to
have
been
given
36
when
written
notice
is
provided
to
the
local
board
of
37
review.
The
requirement
of
thirty
days’
written
notice
38
may
be
waived
by
mutual
agreement
of
all
parties
to
39
the
appeal.
Failure
by
the
appellant
to
appear
at
40
the
property
assessment
appeal
board
hearing
shall
be
41
grounds
for
result
in
dismissal
of
the
appeal
unless
a
42
continuance
is
granted
to
the
appellant
by
the
board
43
following
a
showing
of
good
cause
for
the
appellant’s
44
failure
to
appear
.
If
an
appeal
is
dismissed
for
45
failure
to
appear,
the
property
assessment
appeal
board
46
shall
have
no
jurisdiction
to
consider
any
subsequent
47
appeal
on
the
appellant’s
protest.
48
Sec.
87.
Section
441.37A,
subsection
3,
paragraph
49
a,
Code
2013,
is
amended
to
read
as
follows:
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a.
The
board
member
considering
the
appeal
shall
1
determine
anew
all
questions
arising
before
the
local
2
board
of
review
which
relate
to
the
liability
of
3
the
property
to
assessment
or
the
amount
thereof.
4
All
of
the
evidence
shall
be
considered
and
there
5
shall
be
no
presumption
as
to
the
correctness
of
the
6
valuation
of
assessment
appealed
from.
The
burden
7
of
proof
for
all
appeals
before
the
board
shall
be
8
as
stated
in
section
441.21,
subsection
3,
paragraph
9
“b”
.
The
property
assessment
appeal
board
shall
make
a
10
decision
in
each
appeal
filed
with
the
board.
If
the
11
appeal
is
considered
by
less
than
a
majority
of
the
12
board,
the
determination
made
by
that
member
shall
be
13
forwarded
to
the
full
board
for
approval,
rejection,
or
14
modification.
If
the
initial
determination
is
rejected
15
by
the
board,
it
shall
be
returned
for
reconsideration
16
to
the
board
member
making
the
initial
determination.
17
Any
deliberation
of
the
board
regarding
an
initial
18
determination
shall
be
confidential.
19
Sec.
88.
REPEAL.
2005
Iowa
Acts,
chapter
150,
20
section
134,
is
repealed.
21
Sec.
89.
EFFECTIVE
UPON
ENACTMENT.
This
division
22
of
this
Act,
being
deemed
of
immediate
importance,
23
takes
effect
upon
enactment.
24
Sec.
90.
APPLICABILITY.
The
following
provisions
25
of
this
division
of
this
Act
apply
to
assessment
years
26
beginning
on
or
after
January
1,
2014:
27
1.
The
section
amending
section
441.37.
28
2.
The
section
amending
section
441.35.
29
DIVISION
VIII
30
GENERAL
AND
SPECIAL
EDUCATION
31
Sec.
91.
GENERAL
AND
SPECIAL
EDUCATION
COSTS
——
32
LEGISLATIVE
STUDY.
33
1.
For
purposes
of
this
section,
“private
agency”
34
means
a
residential
facility
licensed
under
chapter
35
135H
or
237.
“Private
agency”
does
not
include
an
36
institution
listed
in
section
218.1.
37
2.
The
legislative
council
is
requested
to
38
establish
an
interim
study
committee
during
the
2013
39
interim
to
examine
the
payment
of
general
education
40
and
special
education
costs
associated
with
student
41
services
provided
by
private
agencies
and
whether
42
the
planning
for
and
costs
of
such
services
would
be
43
more
appropriately
administered
by
the
department
of
44
education
or
the
department
of
human
services.
The
45
study
committee
shall
consist
of
legislator
members
of
46
both
political
parties
from
both
houses
of
the
general
47
assembly
and
representatives
of
the
office
of
the
48
governor,
the
department
of
education,
the
department
49
of
human
services,
and
private
agencies.
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DIVISION
IX
1
ALL-TERRAIN
VEHICLES
2
Sec.
92.
Section
321.1,
subsection
32,
Code
2013,
3
is
amended
to
read
as
follows:
4
32.
“Implement
of
husbandry”
means
a
vehicle
or
5
special
mobile
equipment
manufactured,
designed,
or
6
reconstructed
for
agricultural
purposes
and,
except
7
for
incidental
uses,
exclusively
used
in
the
conduct
8
of
agricultural
operations.
“Implements
of
husbandry”
9
includes
all-terrain
vehicles
operated
in
compliance
10
with
section
321.234A,
subsection
1
,
paragraph
“a”
,
but
11
not
registered
for
operation
upon
a
highway
pursuant
12
to
section
321.118,
fence-line
feeders,
and
vehicles
13
used
exclusively
for
the
application
of
organic
or
14
inorganic
plant
food
materials,
organic
agricultural
15
limestone,
or
agricultural
chemicals.
To
be
considered
16
an
implement
of
husbandry,
a
self-propelled
implement
17
of
husbandry
must
be
operated
at
speeds
of
thirty-five
18
miles
per
hour
or
less.
19
a.
“Reconstructed”
as
used
in
this
subsection
means
20
materially
altered
from
the
original
construction
by
21
the
removal,
addition,
or
substitution
of
essential
22
parts,
new
or
used.
23
b.
A
vehicle
covered
under
this
subsection
,
if
24
it
otherwise
qualifies,
may
be
operated
as
special
25
mobile
equipment
and
under
such
circumstances
this
26
subsection
shall
not
be
applicable
to
such
vehicle,
27
and
such
vehicle
shall
not
be
required
to
comply
with
28
sections
321.384
through
321.423
,
when
such
vehicle
is
29
moved
during
daylight
hours;
however,
the
provisions
30
of
section
321.383
shall
remain
applicable
to
such
31
vehicle.
32
Sec.
93.
Section
321.1,
subsection
47A,
Code
2013,
33
is
amended
to
read
as
follows:
34
47A.
“Off-road
utility
vehicle”
means
a
motorized
35
flotation-tire
vehicle
with
not
less
than
four
and
not
36
more
than
eight
low-pressure
tires
that
is
limited
in
37
engine
displacement
to
less
than
one
thousand
five
38
hundred
cubic
centimeters
and
in
total
dry
weight
39
to
not
more
than
one
two
thousand
eight
hundred
40
pounds
and
that
has
a
seat
that
is
of
bucket
or
bench
41
design,
not
intended
to
be
straddled
by
the
operator,
42
and
a
steering
wheel
or
control
levers
for
control.
43
“Off-road
utility
vehicle”
does
not
include
dune
44
buggies,
golf
carts,
go-carts,
or
minitrucks.
45
Sec.
94.
Section
321.105A,
subsection
2,
paragraph
46
c,
Code
2013,
is
amended
by
adding
the
following
new
47
subparagraph:
48
NEW
SUBPARAGRAPH
.
(31)
An
all-terrain
vehicle
49
which
is
exempt
from
the
sales
tax
pursuant
to
section
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423.3,
subsection
8,
or
for
which
the
applicant
has
1
paid
the
sales
tax
in
this
state
or
has
paid
to
another
2
state
a
state
sales,
use,
or
occupational
tax.
3
Sec.
95.
Section
321.109,
subsection
1,
paragraph
4
a,
Code
2013,
is
amended
to
read
as
follows:
5
a.
The
annual
fee
for
all
motor
vehicles
including
6
vehicles
designated
by
manufacturers
as
station
wagons,
7
1993
and
subsequent
model
year
multipurpose
vehicles,
8
and
2010
and
subsequent
model
year
motor
trucks
with
9
an
unladen
weight
of
ten
thousand
pounds
or
less,
10
except
motor
trucks
registered
under
section
321.122
,
11
business-trade
trucks,
special
trucks,
motor
homes,
12
ambulances,
hearses,
all-terrain
vehicles,
motorcycles,
13
motorized
bicycles,
and
1992
and
older
model
year
14
multipurpose
vehicles,
shall
be
equal
to
one
percent
15
of
the
value
as
fixed
by
the
department
plus
forty
16
cents
for
each
one
hundred
pounds
or
fraction
thereof
17
of
weight
of
vehicle,
as
fixed
by
the
department.
The
18
weight
of
a
motor
vehicle,
fixed
by
the
department
19
for
registration
purposes,
shall
include
the
weight
20
of
a
battery,
heater,
bumpers,
spare
tire,
and
wheel.
21
Provided,
however,
that
for
any
new
vehicle
purchased
22
in
this
state
by
a
nonresident
for
removal
to
the
23
nonresident’s
state
of
residence
the
purchaser
may
make
24
application
to
the
county
treasurer
in
the
county
of
25
purchase
for
a
transit
plate
for
which
a
fee
of
ten
26
dollars
shall
be
paid.
And
provided,
however,
that
for
27
any
used
vehicle
held
by
a
registered
dealer
and
not
28
currently
registered
in
this
state,
or
for
any
vehicle
29
held
by
an
individual
and
currently
registered
in
this
30
state,
when
purchased
in
this
state
by
a
nonresident
31
for
removal
to
the
nonresident’s
state
of
residence,
32
the
purchaser
may
make
application
to
the
county
33
treasurer
in
the
county
of
purchase
for
a
transit
34
plate
for
which
a
fee
of
three
dollars
shall
be
paid.
35
The
county
treasurer
shall
issue
a
nontransferable
36
certificate
of
registration
for
which
no
refund
shall
37
be
allowed;
and
the
transit
plates
shall
be
void
thirty
38
days
after
issuance.
Such
purchaser
may
apply
for
a
39
certificate
of
title
by
surrendering
the
manufacturer’s
40
or
importer’s
certificate
or
certificate
of
title,
41
duly
assigned
as
provided
in
this
chapter
.
In
this
42
event,
the
treasurer
in
the
county
of
purchase
shall,
43
when
satisfied
with
the
genuineness
and
regularity
of
44
the
application,
and
upon
payment
of
a
fee
of
twenty
45
dollars,
issue
a
certificate
of
title
in
the
name
and
46
address
of
the
nonresident
purchaser
delivering
the
47
title
to
the
owner.
If
there
is
a
security
interest
48
noted
on
the
title,
the
county
treasurer
shall
mail
to
49
the
secured
party
an
acknowledgment
of
the
notation
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of
the
security
interest.
The
county
treasurer
shall
1
not
release
a
security
interest
that
has
been
noted
on
2
a
title
issued
to
a
nonresident
purchaser
as
provided
3
in
this
paragraph.
The
application
requirements
of
4
section
321.20
apply
to
a
title
issued
as
provided
5
in
this
subsection
,
except
that
a
natural
person
6
who
applies
for
a
certificate
of
title
shall
provide
7
either
the
person’s
social
security
number,
passport
8
number,
or
driver’s
license
number,
whether
the
license
9
was
issued
by
this
state,
another
state,
or
another
10
country.
The
provisions
of
this
subsection
relating
to
11
multipurpose
vehicles
are
effective
for
all
1993
and
12
subsequent
model
years.
The
annual
registration
fee
13
for
multipurpose
vehicles
that
are
1992
model
years
and
14
older
shall
be
in
accordance
with
section
321.124
.
15
Sec.
96.
NEW
SECTION
.
321.118
All-terrain
16
vehicles.
17
1.
An
all-terrain
vehicle
designed
to
travel
18
on
four
or
more
wheels
may
be
registered
under
this
19
chapter
for
operation
on
secondary
roads
and
on
20
city
streets
where
authorized,
as
provided
in
this
21
chapter,
for
an
annual
fee
of
fifty
dollars.
However,
22
all-terrain
vehicles
registered
under
this
section
23
are
not
subject
to
the
titling
provisions
of
this
24
chapter
or
to
the
manufacturer’s
label
requirement
25
under
section
321.30,
subsection
2,
paragraph
“a”
.
26
Registration
under
this
section
is
in
addition
to
27
the
titling
and
registration
requirements
of
chapter
28
321I.
An
applicant
for
registration
of
an
all-terrain
29
vehicle
under
this
section
shall
submit,
along
with
the
30
application,
a
copy
of
the
registration
certificate
31
issued
for
the
vehicle
pursuant
to
section
321I.4
32
containing
a
description
of
the
vehicle
and
identifying
33
the
applicant
as
the
owner
of
the
vehicle.
34
2.
This
section
shall
not
be
construed
to
include
35
all-terrain
vehicles
within
the
meaning
of
the
term
36
“
motor
vehicle
subject
to
registration”
or
“vehicle
37
subject
to
registration”
as
that
term
applies
to
the
38
regulation
of
motor
vehicle
dealers,
manufacturers,
or
39
distributors
or
to
the
sale,
rental,
lease,
transfer,
40
or
disposition
of
motor
vehicles.
41
Sec.
97.
Section
321.166,
subsection
1,
paragraph
42
a,
Code
2013,
is
amended
to
read
as
follows:
43
a.
Registration
plates
shall
be
of
metal
and
of
a
44
size
not
to
exceed
six
inches
by
twelve
inches,
except
45
that
the
size
of
plates
issued
for
use
on
all-terrain
46
vehicles,
motorized
bicycles,
motorcycles,
motorcycle
47
trailers,
and
trailers
with
an
empty
weight
of
two
48
thousand
pounds
or
less
shall
be
established
by
the
49
department.
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Sec.
98.
Section
321.166,
subsection
4,
Code
2013,
1
is
amended
to
read
as
follows:
2
4.
The
registration
plate
number,
except
on
3
all-terrain
vehicles,
motorized
bicycles,
motorcycles,
4
motorcycle
trailers,
and
trailers
with
an
empty
weight
5
of
two
thousand
pounds
or
less,
shall
be
of
sufficient
6
size
to
be
readable
from
a
distance
of
one
hundred
feet
7
during
daylight.
8
Sec.
99.
Section
321.234A,
subsection
1,
paragraph
9
f,
Code
2013,
is
amended
by
striking
the
paragraph.
10
Sec.
100.
Section
321.234A,
Code
2013,
is
amended
11
by
adding
the
following
new
subsection:
12
NEW
SUBSECTION
.
5.
The
provisions
of
this
section
13
do
not
apply
to
an
all-terrain
vehicle
registered
under
14
section
321.118
and
operated
on
a
highway
in
accordance
15
with
section
321.234B.
16
Sec.
101.
NEW
SECTION
.
321.234B
Registered
17
all-terrain
vehicles
——
operation
on
highways.
18
An
all-terrain
vehicle
which
is
registered
pursuant
19
to
section
321.118
may
be
operated
on
a
highway
subject
20
to
all
of
the
following:
21
1.
Persons
who
may
operate.
A
person
shall
not
22
operate
an
all-terrain
vehicle
on
a
highway
unless
the
23
person
is
sixteen
years
of
age
or
older
and
has
a
valid
24
driver’s
license
other
than
a
license
valid
only
for
25
operation
of
a
motorized
bicycle.
26
2.
Operation
on
certain
highways
only.
All-terrain
27
vehicles
registered
under
section
321.118
may
be
28
operated
on
secondary
roads,
but
shall
not
be
operated
29
on
primary
highways
or
on
highways
within
the
corporate
30
limits
of
a
city
except
as
follows:
31
a.
A
person
shall
not
operate
an
all-terrain
32
vehicle
registered
under
section
321.118
on
a
primary
33
highway
except
to
cross
a
primary
highway;
however,
the
34
provisions
of
section
321I.10
govern
the
crossing
of
a
35
primary
highway
when
the
all-terrain
vehicle
is
being
36
operated
on
an
all-terrain
vehicle
trail.
37
b.
A
person
shall
not
operate
an
all-terrain
38
vehicle
registered
under
section
321.118
on
a
highway
39
within
the
corporate
limits
of
a
city
except
on
a
40
nonprimary
highway
where
such
operation
is
authorized
41
by
ordinance
pursuant
to
section
321.236,
subsection
42
14A.
43
3.
Motor
vehicle
laws
applicable.
The
motor
vehicle
44
laws,
including
but
not
limited
to
the
provisions
45
of
sections
321.20B,
321.285,
321.317,
321.385,
and
46
321.387,
apply
to
the
operation
of
all-terrain
vehicles
47
registered
for
operation
on
highways,
except
for
those
48
provisions
relating
to
required
equipment
which
by
49
their
nature
can
have
no
practical
application.
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4.
Penalties.
A
person
convicted
of
a
violation
1
of
subsection
1
or
2
is
guilty
of
a
simple
misdemeanor
2
punishable
as
a
scheduled
violation
under
section
3
805.8A,
subsection
6.
4
Sec.
102.
Section
321.236,
Code
2013,
is
amended
by
5
adding
the
following
new
subsection:
6
NEW
SUBSECTION
.
14A.
Authorizing
the
operation
of
7
all-terrain
vehicles
registered
under
section
321.118
8
on
highways
under
the
jurisdiction
of
a
city,
other
9
than
municipal
extensions
of
primary
highways.
10
Sec.
103.
Section
321.285,
Code
2013,
is
amended
by
11
adding
the
following
new
subsection:
12
NEW
SUBSECTION
.
6A.
Notwithstanding
any
other
13
speed
restrictions
allowing
for
speed
in
excess
of
14
forty-five
miles
per
hour,
a
person
shall
not
operate
15
an
all-terrain
vehicle
on
a
highway
at
a
speed
in
16
excess
of
forty-five
miles
per
hour.
17
Sec.
104.
Section
321F.1,
subsection
7,
Code
2013,
18
is
amended
to
read
as
follows:
19
7.
“Motor
vehicle”
means
every
vehicle
which
is
20
self-propelled
and
subject
to
registration
under
the
21
laws
of
this
state
,
other
than
an
all-terrain
vehicle
22
as
defined
in
section
321.1
.
23
Sec.
105.
Section
321H.2,
subsection
10,
Code
2013,
24
is
amended
to
read
as
follows:
25
10.
“Vehicle
subject
to
registration”
means
any
26
vehicle
that
is
of
a
type
required
to
be
registered
27
under
chapter
321
when
operated
on
a
public
highway,
28
including
but
not
limited
to
a
vehicle
that
is
29
inoperable,
salvage,
or
rebuilt
,
but
not
including
an
30
all-terrain
vehicle
as
defined
in
section
321.1
.
31
Sec.
106.
Section
321I.9,
unnumbered
paragraph
1,
32
Code
2013,
is
amended
to
read
as
follows:
33
Registration
under
this
chapter
shall
not
be
34
required
for
the
following
described
all-terrain
35
vehicles:
36
Sec.
107.
Section
321I.10,
subsection
1,
Code
2013,
37
is
amended
to
read
as
follows:
38
1.
A
person
shall
not
operate
an
all-terrain
39
vehicle
or
off-road
utility
vehicle
upon
roadways
40
or
highways
except
as
provided
in
section
sections
41
321.234A
and
321.234B
and
this
section
.
42
Sec.
108.
Section
321I.10,
subsections
2
and
3,
43
Code
2013,
are
amended
by
striking
the
subsections.
44
Sec.
109.
Section
321I.31,
subsection
1,
Code
2013,
45
is
amended
to
read
as
follows:
46
1.
The
owner
of
an
all-terrain
vehicle
acquired
on
47
or
after
January
1,
2000,
other
than
an
all-terrain
48
vehicle
used
exclusively
as
a
farm
implement
or
a
49
motorcycle
previously
issued
a
title
pursuant
to
50
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46
chapter
321
,
shall
apply
to
the
county
recorder
of
the
1
county
in
which
the
owner
resides
for
a
certificate
2
of
title
for
the
all-terrain
vehicle.
The
owner
of
3
an
all-terrain
vehicle
used
exclusively
as
a
farm
4
implement
may
obtain
a
certificate
of
title.
A
person
5
who
owns
an
all-terrain
vehicle
that
is
not
required
to
6
have
a
certificate
of
title
may
apply
for
and
receive
7
a
certificate
of
title
for
the
all-terrain
vehicle
8
and,
subsequently,
the
all-terrain
vehicle
shall
be
9
subject
to
the
requirements
of
this
chapter
as
if
10
the
all-terrain
vehicle
were
required
to
be
titled.
11
All
all-terrain
vehicles
that
are
titled
shall
be
12
registered
under
this
chapter
.
13
Sec.
110.
Section
322.2,
subsections
13
and
23,
14
Code
2013,
are
amended
to
read
as
follows:
15
13.
“Motor
vehicle”
means
any
self-propelled
16
vehicle
subject
to
registration
under
chapter
321
,
17
other
than
an
all-terrain
vehicle
as
defined
in
section
18
321.1
.
19
23.
“Used
motor
vehicle”
or
“second-hand
motor
20
vehicle”
means
any
motor
vehicle
of
a
type
subject
to
21
registration
under
the
laws
of
this
state
,
except
an
22
all-terrain
vehicle
as
defined
in
section
321.1,
which
23
has
been
sold
“at
retail”
as
defined
in
this
chapter
24
and
previously
registered
in
this
or
any
other
state.
25
Sec.
111.
Section
322A.1,
subsection
8,
Code
2013,
26
is
amended
to
read
as
follows:
27
8.
“Motor
vehicle”
means
a
“motor
vehicles”
vehicle”
28
as
defined
in
chapter
321
which
are
is
subject
to
29
registration
pursuant
to
the
provisions
thereof
,
other
30
than
an
all-terrain
vehicle
as
defined
in
section
31
321.1
.
32
Sec.
112.
Section
331.362,
subsection
9,
Code
2013,
33
is
amended
to
read
as
follows:
34
9.
A
county
may
regulate
traffic
on
and
use
of
the
35
secondary
roads,
in
accordance
with
sections
321.236
36
to
321.250
,
321.254
,
321.255
,
321.285,
subsection
37
4
,
sections
321.352
,
321.471
to
321.473
,
and
other
38
applicable
provisions
of
chapter
321
,
and
sections
39
321G.9
,
321I.10
,
and
327G.15
.
40
Sec.
113.
Section
423.1,
subsection
66,
Code
2013,
41
is
amended
to
read
as
follows:
42
66.
“Vehicles
subject
to
registration”
means
any
43
vehicle
subject
to
registration
pursuant
to
section
44
321.18
,
other
than
an
all-terrain
vehicle
or
off-road
45
utility
vehicle
registered
pursuant
to
section
321.118
.
46
Sec.
114.
Section
516E.1,
subsection
6,
Code
2013,
47
is
amended
to
read
as
follows:
48
6.
“Motor
vehicle”
means
any
self-propelled
vehicle
49
subject
to
registration
under
chapter
321
,
other
than
50
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SF452.2086
(3)
85
tm/jp
33/
46
an
all-terrain
vehicle
as
defined
in
section
321.1
.
1
Sec.
115.
Section
537B.2,
subsection
2,
Code
2013,
2
is
amended
to
read
as
follows:
3
2.
“Motor
vehicle”
means
a
motor
vehicle
as
defined
4
in
section
321.1
which
is
subject
to
registration.
5
However,
“motor
vehicle”
does
not
include
a
motor
6
vehicle,
as
defined
in
section
321.1
,
with
a
gross
7
vehicle
weight
rating
of
more
than
twelve
thousand
8
pounds
,
or
an
all-terrain
vehicle
as
defined
in
section
9
321.1
.
10
Sec.
116.
Section
805.8A,
subsection
6,
Code
2013,
11
is
amended
by
adding
the
following
new
paragraph:
12
NEW
PARAGRAPH
.
0a.
Section
321.234B,
subsection
1
13
or
2
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$50.
14
DIVISION
X
15
RULEMAKING
PROCESS
16
Sec.
117.
Section
17A.4,
subsection
3,
Code
2013,
17
is
amended
to
read
as
follows:
18
3.
a.
When
an
agency
for
good
cause
finds
that
19
notice
and
public
participation
would
be
unnecessary,
20
impracticable,
or
contrary
to
the
public
interest
When
21
the
statute
so
provides,
or
with
the
approval
of
the
22
administrative
rules
review
committee,
if
the
committee
23
finds
good
cause
that
notice
and
public
participation
24
would
be
unnecessary,
impracticable,
or
contrary
to
the
25
public
interest
,
the
provisions
of
subsection
1
shall
26
be
inapplicable.
The
agency
shall
incorporate
in
each
27
rule
issued
in
reliance
upon
this
provision
either
the
28
finding
and
a
brief
statement
of
the
reasons
for
the
29
finding,
or
a
statement
that
the
rule
is
within
a
very
30
narrowly
tailored
category
of
rules
whose
issuance
31
has
previously
been
exempted
from
subsection
1
by
a
32
special
rule
relying
on
this
provision
and
including
33
such
a
finding
and
statement
of
reasons
for
the
entire
34
category.
35
b.
(1)
If
the
administrative
rules
review
36
committee
by
a
two-thirds
vote,
the
governor,
or
the
37
attorney
general
files
with
the
administrative
code
38
editor
an
objection
to
the
adoption
of
any
a
rule
or
39
portion
of
a
rule
pursuant
to
this
subsection
,
that
the
40
rule
or
portion
of
the
rule
shall
cease
to
be
effective
41
one
hundred
eighty
days
after
the
date
the
objection
42
was
filed.
A
43
(2)
If
the
administrative
rules
review
committee
44
files
with
the
administrative
code
editor
an
objection
45
to
the
adoption
of
a
rule
or
portion
of
a
rule
46
pursuant
to
this
subsection,
the
administrative
rules
47
review
committee,
by
a
separate
two-thirds
vote,
may
48
suspend
the
applicability
of
the
rule
or
portion
of
49
the
rule
until
the
rule
ceases
to
be
effective
under
50
-34-
SF452.2086
(3)
85
tm/jp
34/
46
this
paragraph
“b”
.
The
determination
to
suspend
1
the
applicability
of
the
rule
or
portion
of
the
rule
2
shall
be
included
in
the
copy
of
the
objection
to
be
3
forwarded
to
the
agency.
4
c.
If
an
objection
to
a
rule
is
filed
under
this
5
subsection,
a
copy
of
the
objection,
properly
dated,
6
shall
be
forwarded
to
the
agency
at
the
time
of
filing
7
the
objection.
In
any
action
contesting
a
rule
or
8
portion
of
a
rule
adopted
pursuant
to
this
subsection
,
9
the
burden
of
proof
shall
be
on
the
agency
to
show
that
10
the
procedures
of
subsection
1
were
impracticable,
11
unnecessary,
or
contrary
to
the
public
interest
and
12
that,
if
a
category
of
rules
was
involved,
the
category
13
was
very
narrowly
tailored.
14
Sec.
118.
Section
17A.4,
subsection
7,
Code
2013,
15
is
amended
to
read
as
follows:
16
7.
a.
Upon
the
vote
of
two-thirds
of
its
members
17
the
administrative
rules
review
committee
may
delay
the
18
effective
date
of
a
rule
or
portion
of
a
rule
seventy
19
days
beyond
that
permitted
in
section
17A.5
,
unless
the
20
rule
was
promulgated
under
section
17A.5,
subsection
2
,
21
paragraph
“b”
.
This
provision
shall
be
utilized
by
the
22
committee
only
if
further
time
is
necessary
to
study
23
and
examine
the
rule.
If
the
rule
was
promulgated
24
under
section
17A.5,
subsection
2,
paragraph
“b”
,
25
the
administrative
rules
review
committee,
within
26
thirty-five
days
of
the
effective
date
of
the
rule
and
27
upon
the
vote
of
two-thirds
of
its
members,
may
suspend
28
the
applicability
of
the
rule
or
portion
of
the
rule
29
for
seventy
days.
30
b.
Notice
of
an
effective
date
that
was
delayed
31
under
this
provision
shall
be
published
in
the
Iowa
32
administrative
code
and
bulletin.
33
Sec.
119.
Section
17A.4,
Code
2013,
is
amended
by
34
adding
the
following
new
subsection:
35
NEW
SUBSECTION
.
9.
Upon
the
vote
of
two-thirds
of
36
its
members,
the
administrative
rules
review
committee,
37
following
notice
of
intended
action
as
provided
in
38
subsection
1
and
prior
to
adoption
of
a
rule
pursuant
39
to
that
notice,
may
suspend
further
action
relating
to
40
that
notice
for
seventy
days.
Notice
of
a
notice
of
41
intended
action
that
was
suspended
under
this
provision
42
shall
be
published
in
the
Iowa
administrative
code
and
43
bulletin.
44
Sec.
120.
Section
17A.8,
subsection
9,
Code
2013,
45
is
amended
to
read
as
follows:
46
9.
a.
Upon
a
vote
of
two-thirds
of
its
members,
47
the
administrative
rules
review
committee
may
delay
the
48
effective
date
of
a
rule
or
portion
of
a
rule
until
49
the
adjournment
of
the
next
regular
session
of
the
50
-35-
SF452.2086
(3)
85
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35/
46
general
assembly
,
unless
the
rule
was
promulgated
under
1
section
17A.5,
subsection
2,
paragraph
“b”
.
If
the
2
rule
was
promulgated
under
section
17A.5,
subsection
3
2,
paragraph
“b”
,
the
administrative
rules
review
4
committee,
within
thirty-five
days
of
the
effective
5
date
of
the
rule
and
upon
the
vote
of
two-thirds
of
its
6
members,
may
suspend
the
applicability
of
the
rule
or
7
portion
of
the
rule
until
the
adjournment
of
the
next
8
regular
session
of
the
general
assembly.
9
b.
The
committee
shall
refer
a
rule
or
portion
10
of
a
rule
whose
effective
date
has
been
delayed
or
11
applicability
has
been
suspended
to
the
speaker
of
12
the
house
of
representatives
and
the
president
of
the
13
senate
who
shall
refer
the
delayed
or
suspended
rule
14
or
portion
of
the
rule
to
the
appropriate
standing
15
committees
of
the
general
assembly.
A
standing
16
committee
shall
review
a
the
rule
within
twenty-one
17
days
after
the
rule
is
referred
to
the
committee
by
18
the
speaker
of
the
house
of
representatives
or
the
19
president
of
the
senate
and
shall
take
formal
committee
20
action
by
sponsoring
a
joint
resolution
to
disapprove
21
the
rule,
by
proposing
legislation
relating
to
the
22
rule,
or
by
refusing
to
propose
a
joint
resolution
23
or
legislation
concerning
the
rule.
The
standing
24
committee
shall
inform
the
administrative
rules
review
25
committee
of
the
committee
action
taken
concerning
the
26
rule.
If
the
general
assembly
has
not
disapproved
of
27
the
rule
by
a
joint
resolution,
the
rule
shall
become
28
effective.
The
speaker
of
the
house
of
representatives
29
and
the
president
of
the
senate
shall
notify
the
30
administrative
code
editor
of
the
final
disposition
31
of
each
rule
or
portion
of
a
rule
whose
effective
32
date
has
been
delayed
or
whose
applicability
has
been
33
suspended
pursuant
to
this
subsection
.
If
a
the
34
rule
is
disapproved,
it
the
rule
shall
not
become
be
35
effective
and
the
agency
shall
rescind
the
rule.
This
36
section
shall
not
apply
to
rules
made
effective
under
37
section
17A.5,
subsection
2
,
paragraph
“b”
.
38
Sec.
121.
Section
17A.23,
Code
2013,
is
amended
to
39
read
as
follows:
40
17A.23
Construction
——
delegation
of
authority
.
41
1.
Except
as
expressly
provided
otherwise
by
this
42
chapter
or
by
another
statute
referring
to
this
chapter
43
by
name,
the
rights
created
and
the
requirements
44
imposed
by
this
chapter
shall
be
in
addition
to
those
45
created
or
imposed
by
every
other
statute
in
existence
46
on
July
1,
1975,
or
enacted
after
that
date.
If
any
47
other
statute
in
existence
on
July
1,
1975,
or
enacted
48
after
that
date
diminishes
a
right
conferred
upon
a
49
person
by
this
chapter
or
diminishes
a
requirement
50
-36-
SF452.2086
(3)
85
tm/jp
36/
46
imposed
upon
an
agency
by
this
chapter
,
this
chapter
1
shall
take
precedence
unless
the
other
statute
2
expressly
provides
that
it
shall
take
precedence
over
3
all
or
some
specified
portion
of
this
named
cited
4
chapter.
5
2.
This
chapter
shall
be
construed
broadly
to
6
effectuate
its
purposes.
This
chapter
shall
also
7
be
construed
to
apply
to
all
agencies
not
expressly
8
exempted
by
this
chapter
or
by
another
statute
9
specifically
referring
to
this
chapter
by
name
10
citation
;
and
except
as
to
proceedings
in
process
on
11
July
1,
1975,
this
chapter
shall
be
construed
to
apply
12
to
all
covered
agency
proceedings
and
all
agency
action
13
not
expressly
exempted
by
this
chapter
or
by
another
14
statute
specifically
referring
to
this
chapter
by
name
15
citation
.
16
3.
An
agency
shall
have
only
that
authority
or
17
discretion
delegated
to
or
conferred
upon
the
agency
by
18
law
and
shall
not
expand
or
enlarge
its
authority
or
19
discretion
beyond
the
powers
delegated
to
or
conferred
20
upon
the
agency.
Unless
otherwise
specifically
21
provided
in
statute,
a
grant
of
rulemaking
authority
22
shall
be
construed
narrowly.
23
DIVISION
XI
24
STATE
EMPLOYEE
AND
ELECTED
OFFICIAL
PAYMENT
OF
HEALTH
25
INSURANCE
PREMIUMS
26
Sec.
122.
Section
2.40,
subsection
1,
paragraph
27
a,
subparagraph
(2),
Code
2013,
is
amended
to
read
as
28
follows:
29
(2)
The
member
shall
pay
the
premium
for
the
30
plan
selected
on
the
same
basis
as
a
full-time
state
31
employee
excluded
from
collective
bargaining
as
32
provided
in
chapter
20
.
However,
the
member
shall
pay
33
a
portion
of
the
total
premium
for
the
plan
selected
34
in
an
amount
as
determined
by
the
legislative
council.
35
The
payment
amount
as
determined
by
the
legislative
36
council
shall
be
at
least
twenty
percent
of
the
total
37
premium
for
the
single
or
family
coverage
provided
38
in
connection
with
the
member
and
shall
include
a
39
wellness
credit
to
be
applied
to
the
member
portion
40
of
the
premium.
The
payment
amount
determined
by
the
41
legislative
council
shall
apply
to
employees
of
the
42
general
assembly.
43
Sec.
123.
NEW
SECTION
.
8A.440
Group
health
44
insurance
premium
costs.
45
1.
Collective
bargaining
agreements
entered
into
46
pursuant
to
chapter
20
for
state
employees
shall
47
provide
that
a
state
employee
covered
by
that
agreement
48
who
is
a
member
of
a
state
group
health
insurance
plan
49
for
employees
of
the
state
established
under
chapter
50
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509A
shall
pay
at
least
twenty
percent
of
the
total
1
premium
for
the
single
or
family
coverage
provided
in
2
connection
with
each
employee.
The
agreements
shall
3
include
a
wellness
credit
to
be
applied
to
the
member
4
portion
of
the
premium.
5
2.
A
state
employee
not
covered
by
a
collective
6
bargaining
agreement
as
provided
in
chapter
20
who
is
7
a
member
of
a
state
group
health
insurance
plan
for
8
employees
of
the
state
established
under
chapter
509A
9
shall
pay
the
same
percentage
of
the
total
premium
10
for
such
insurance
as
is
paid
under
the
collective
11
bargaining
agreement
that
covers
the
greatest
number
12
of
state
employees
in
the
state
government
entity
13
employing
the
state
employee
and
shall
be
provided
a
14
wellness
credit
option.
15
Sec.
124.
STATEWIDE
ELECTED
OFFICIALS
——
GROUP
16
HEALTH
INSURANCE
PREMIUM
COSTS.
A
statewide
elected
17
official
who
is
a
member
of
a
state
group
insurance
18
plan
for
employees
of
the
state
established
under
19
chapter
509A
shall
pay
a
portion
of
the
total
premium
20
for
the
plan
selected
in
an
amount
as
determined
by
the
21
executive
council.
The
payment
amount
as
determined
22
by
the
executive
council
shall
be
at
least
20
percent
23
of
the
total
premium
for
the
single
or
family
coverage
24
provided
in
connection
with
the
elected
official
and
25
shall
include
a
wellness
credit
to
be
applied
to
the
26
member
portion
of
the
premium.
27
Sec.
125.
GROUP
HEALTH
INSURANCE
PREMIUMS
FOR
STATE
28
EMPLOYEES.
29
1.
a.
This
subsection
does
not
apply
to
members
30
of
the
general
assembly
or
elected
officials
who
are
31
subject
to
the
provisions
of
this
division
of
this
32
Act
amending
section
2.40
or
requiring
statewide
33
elected
officials
to
pay
a
portion
of
health
insurance
34
premiums.
35
b.
For
the
fiscal
year
beginning
July
1,
2013,
each
36
state
employee
who
is
a
member
of
a
state
group
health
37
insurance
plan
for
state
employees
established
under
38
chapter
509A
shall
pay
at
least
20
percent
of
the
total
39
premium
for
the
single
or
family
coverage
provided
40
in
connection
with
the
employee’s
membership
in
the
41
insurance
plan.
42
c.
For
the
fiscal
year
beginning
July
1,
2013,
43
each
person
who
is
a
member
of
a
state
group
health
44
insurance
plan
for
employees
of
the
state
board
of
45
regents
and
the
institutions
under
the
control
of
the
46
state
board
shall
pay
at
least
20
percent
of
the
total
47
premium
for
the
single
or
family
coverage
provided
48
in
connection
with
the
person’s
membership
in
the
49
insurance
plan.
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d.
For
the
fiscal
year
beginning
July
1,
2013,
each
1
judicial
officer
or
employee
of
the
judicial
branch
who
2
is
a
member
of
a
state
group
health
insurance
plan
for
3
state
employees
established
under
chapter
509A
shall
4
pay
at
least
20
percent
of
the
total
premium
for
the
5
single
or
family
coverage
provided
in
connection
with
6
the
judicial
officer
or
employee’s
membership
in
the
7
insurance
plan.
8
e.
The
requirements
in
this
subsection
shall
be
9
enforceable
against
all
applicable
employees
for
the
10
fiscal
year
beginning
July
1,
2013,
notwithstanding
11
any
provision
of
chapter
20
to
the
contrary,
and
12
shall
remain
applicable
to
each
such
state
employee
13
and
person
in
fiscal
years
succeeding
the
fiscal
year
14
specified
in
this
subsection
until
the
requirement
15
implemented
pursuant
to
section
8A.440
is
applicable
16
to
the
employee
or
person.
17
f.
The
requirements
in
this
subsection
shall
18
include
a
wellness
credit
to
be
applied
to
the
member
19
portion
of
the
premium.
20
2.
a.
For
the
fiscal
year
beginning
July
1,
2013,
21
the
portion
of
the
payments
made
pursuant
to
subsection
22
1
attributed
to
increases
in
payments
as
a
result
of
23
the
percentage
requirement
implemented
pursuant
to
24
subsection
1
shall
be
transferred
to
the
judicial
25
branch
or
the
state
agency
charged
for
the
state
group
26
health
insurance
plan
premiums
of
the
judicial
officer,
27
employee,
or
person
who
made
the
payment
and
shall
28
apply
in
lieu
of
a
like
amount
from
the
appropriations
29
made
to
the
judicial
branch
or
the
state
agency
for
the
30
fiscal
year.
31
b.
The
moneys
paid
by
members
or
employees
of
32
the
general
assembly
pursuant
to
section
2.40,
as
33
amended
by
this
division
of
this
Act,
for
the
fiscal
34
year
beginning
July
1,
2013,
are
appropriated
to
the
35
general
assembly
in
lieu
of
a
like
amount
from
the
36
appropriations
made
to
the
general
assembly
pursuant
to
37
section
2.12,
for
the
fiscal
year.
38
c.
The
moneys
paid
by
statewide
elected
officials
39
pursuant
to
the
section
of
this
division
of
this
Act
40
requiring
the
officials
to
pay
a
portion
of
the
health
41
insurance
premium
costs
for
the
coverage
provided
to
42
the
officials,
for
the
fiscal
year
beginning
July
1,
43
2012,
are
appropriated
to
the
state
agency
charged
for
44
the
state
group
health
insurance
plan
premiums
of
the
45
official
who
made
the
payment
in
lieu
of
a
like
amount
46
from
the
appropriations
made
to
the
state
agency
for
47
the
fiscal
year.
48
3.
The
department
of
management,
with
the
49
assistance
of
the
department
of
administrative
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services,
state
board
of
regents,
the
state
fair
1
board,
the
state
department
of
transportation,
and
each
2
judicial
district
department
of
correctional
services,
3
shall
submit
a
quarterly
report
to
the
general
assembly
4
and
the
legislative
services
agency
during
the
fiscal
5
year
beginning
July
1,
2013,
regarding
the
reductions
6
to
appropriations
made
pursuant
to
subsection
2
during
7
the
quarter.
8
Sec.
126.
APPLICABILITY.
The
section
of
this
9
division
of
this
Act
enacting
section
8A.440,
applies
10
to
collective
bargaining
agreements
entered
into
on
11
or
after
the
effective
date
of
that
section
of
this
12
division
of
this
Act.
13
Sec.
127.
EFFECTIVE
UPON
ENACTMENT.
The
following
14
sections
of
this
division
of
this
Act,
being
deemed
of
15
immediate
importance,
take
effect
upon
enactment:
16
1.
The
section
of
this
Act
enacting
section
8A.440.
17
2.
The
section
of
this
Act
relating
to
group
health
18
insurance
premiums
for
state
employees.
19
DIVISION
XII
20
SPEED
DETECTION
JAMMING
DEVICES
21
Sec.
128.
Section
321.232,
Code
2013,
is
amended
to
22
read
as
follows:
23
321.232
Radar
Speed
detection
jamming
devices
——
24
penalty.
25
1.
A
person
shall
not
sell,
operate
,
or
possess
26
a
radar
speed
detection
jamming
device,
except
as
27
otherwise
provided
in
this
section
,
when
the
device
is
28
in
a
vehicle
operated
on
the
highways
of
this
state
or
29
the
device
is
held
for
sale
in
this
state.
30
2.
This
section
does
not
apply
to
radar
speed
31
measuring
devices
purchased
by,
held
for
purchase
for,
32
or
operated
by
peace
officers
using
the
devices
in
33
performance
of
their
official
duties.
34
3.
A
radar
speed
detection
jamming
device
sold,
35
operated,
or
possessed
in
violation
of
subsection
1
36
may
be
seized
by
a
peace
officer
and
is
subject
to
37
forfeiture
as
provided
by
chapter
809
or
809A
.
38
4.
For
the
purposes
of
this
section
“radar
jamming
39
device”
:
40
a.
“Speed
detection
jamming
device”
means
any
41
mechanism
designed
or
used
to
transmit
radio
waves
in
42
the
electromagnetic
wave
spectrum
to
interfere
with
the
43
reception
of
those
emitted
from
a
device
used
by
peace
44
officers
of
this
state
to
measure
the
speed
of
motor
45
vehicles
on
the
highways
of
this
state
and
which
is
not
46
designed
for
two-way
transmission
and
cannot
transmit
47
in
plain
language
active
or
passive
device,
instrument,
48
mechanism,
or
equipment
that
is
designed
or
intended
49
to
interfere
with,
disrupt,
or
scramble
the
radar
or
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laser
that
is
used
by
a
peace
officer
to
measure
the
1
speed
of
motor
vehicles.
“Speed
detection
jamming
2
device”
does
not
include
equipment
that
is
legal
under
3
federal
communications
commission
regulations,
such
as
4
a
citizens’
band
radio,
a
ham
radio,
or
other
similar
5
electronic
equipment
.
6
b.
“Speed
measuring
device”
includes
but
is
not
7
limited
to
devices
commonly
known
as
radar
speed
meters
8
or
laser
speed
meters.
9
Sec.
129.
Section
805.8A,
subsection
14,
paragraph
10
g,
Code
2013,
is
amended
to
read
as
follows:
11
g.
Radar-jamming
Speed
detection
jamming
12
devices.
For
a
violation
under
section
321.232
,
the
13
scheduled
fine
is
one
hundred
dollars.
14
DIVISION
XIII
15
FIREARMS
16
Sec.
130.
Section
724.23,
Code
2013,
is
amended
to
17
read
as
follows:
18
724.23
Records
kept
by
commissioner
and
issuing
19
officers
.
20
1.
The
commissioner
of
public
safety
shall
maintain
21
a
permanent
record
of
all
valid
permits
to
carry
22
weapons
and
of
current
permit
revocations.
23
2.
a.
Notwithstanding
any
other
law
or
rule
to
24
the
contrary,
the
commissioner
of
public
safety
and
25
any
issuing
officer
shall
keep
confidential
personally
26
identifiable
information
of
holders
of
nonprofessional
27
permits
to
carry
weapons
and
permits
to
acquire
pistols
28
or
revolvers,
including
but
not
limited
to
the
name,
29
social
security
number,
date
of
birth,
residential
30
or
business
address,
and
driver’s
license
or
other
31
identification
number
of
the
applicant
or
permit
32
holder.
33
b.
This
subsection
shall
not
prohibit
the
34
release
of
statistical
information
relating
to
the
35
issuance,
denial,
revocation,
or
administration
of
36
nonprofessional
permits
to
carry
weapons
and
permits
to
37
acquire
pistols
or
revolvers,
provided
that
the
release
38
of
such
information
does
not
reveal
the
identity
of
any
39
individual
permit
holder.
40
c.
This
subsection
shall
not
prohibit
the
release
41
of
information
to
any
law
enforcement
agency
or
any
42
employee
or
agent
thereof
when
necessary
for
the
43
purpose
of
investigating
a
possible
violation
of
law
44
or
for
conducting
a
lawfully
authorized
background
45
investigation.
46
d.
Except
as
provided
in
paragraphs
“b”
and
“c”
,
47
the
release
of
any
confidential
information
under
this
48
section
shall
require
a
court
order
or
the
consent
of
49
the
person
whose
personally
identifiable
information
is
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the
subject
of
the
information
request.
1
Sec.
131.
NEW
SECTION
.
724.29A
Fraudulent
purchase
2
of
firearms
or
ammunition.
3
1.
For
purposes
of
this
section:
4
a.
“Ammunition”
means
any
cartridge,
shell,
or
5
projectile
designed
for
use
in
a
firearm.
6
b.
“Licensed
firearms
dealer”
means
a
person
who
is
7
licensed
pursuant
to
18
U.S.C.
§
923
to
engage
in
the
8
business
of
dealing
in
firearms.
9
c.
“Materially
false
information”
means
information
10
that
portrays
an
illegal
transaction
as
legal
or
a
11
legal
transaction
as
illegal.
12
d.
“Private
seller”
means
a
person
who
sells
or
13
offers
for
sale
any
firearm
or
ammunition.
14
2.
A
person
who
knowingly
solicits,
persuades,
15
encourages,
or
entices
a
licensed
firearms
dealer
or
16
private
seller
of
firearms
or
ammunition
to
transfer
17
a
firearm
or
ammunition
under
circumstances
that
the
18
person
knows
would
violate
the
laws
of
this
state
or
of
19
the
United
States
commits
a
class
“D”
felony.
20
3.
A
person
who
knowingly
provides
materially
21
false
information
to
a
licensed
firearms
dealer
or
22
private
seller
of
firearms
or
ammunition
with
the
23
intent
to
deceive
the
firearms
dealer
or
seller
about
24
the
legality
of
a
transfer
of
a
firearm
or
ammunition
25
commits
a
class
“D”
felony.
26
4.
Any
person
who
willfully
procures
another
to
27
engage
in
conduct
prohibited
by
this
section
shall
be
28
held
accountable
as
a
principal.
29
5.
This
section
shall
not
apply
to
a
law
30
enforcement
officer
acting
in
the
officer’s
official
31
capacity
or
to
a
person
acting
at
the
direction
of
such
32
law
enforcement
officer.
33
Sec.
132.
EFFECTIVE
UPON
ENACTMENT.
This
division
34
of
this
Act,
being
deemed
of
immediate
importance,
35
takes
effect
upon
enactment.
36
Sec.
133.
APPLICABILITY.
The
section
of
this
37
division
of
this
Act
amending
section
724.23
applies
38
to
holders
of
nonprofessional
permits
to
carry
weapons
39
and
permits
to
acquire
pistols
or
revolvers
and
to
40
applicants
for
nonprofessional
permits
to
carry
weapons
41
and
permits
to
acquire
pistols
or
revolvers
on
or
after
42
the
effective
date
of
this
division
of
this
Act.
43
DIVISION
XIV
44
NOTARY
PUBLIC
45
Sec.
134.
Section
9B.15,
subsection
3,
unnumbered
46
paragraph
1,
Code
2013,
is
amended
to
read
as
follows:
47
A
certificate
of
a
notarial
act
is
sufficient
if
it
48
meets
the
requirements
of
subsections
1
and
2
and
all
49
any
of
the
following
apply:
50
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Sec.
135.
Section
9B.17,
subsection
1,
paragraph
a,
1
Code
2013,
is
amended
to
read
as
follows:
2
a.
Include
the
notary
public’s
name,
the
words
3
“Notarial
Seal”
and
“Iowa”,
the
words
“Commission
4
Number”
followed
by
a
number
assigned
to
the
notary
5
public
by
the
secretary
of
state,
the
words
“My
6
Commission
Expires”
followed
either
by
the
date
that
7
the
notary
public’s
term
would
ordinarily
expire
as
8
provided
in
section
9B.21
or
a
blank
line
on
which
the
9
notary
public
shall
indicate
the
date
of
expiration,
10
if
any,
of
the
notary
public’s
commission,
as
required
11
by
and
in
satisfaction
of
section
9B.15,
subsection
1,
12
paragraph
“e”
,
and
other
information
required
by
the
13
secretary
of
state.
14
Sec.
136.
Section
321I.31,
subsection
3,
Code
2013,
15
is
amended
to
read
as
follows:
16
3.
An
owner
of
an
all-terrain
vehicle
shall
apply
17
to
the
county
recorder
for
issuance
of
a
certificate
18
of
title
within
thirty
days
after
acquisition.
19
The
application
shall
be
on
forms
the
department
20
prescribes
and
accompanied
by
the
required
fee.
The
21
application
shall
be
signed
and
sworn
to
before
a
22
notary
public
notarial
officer
as
provided
in
chapter
23
9B
or
other
person
who
administers
oaths,
or
shall
24
include
a
certification
signed
in
writing
containing
25
substantially
the
representation
that
statements
made
26
are
true
and
correct
to
the
best
of
the
applicant’s
27
knowledge,
information,
and
belief,
under
penalty
of
28
perjury.
The
application
shall
contain
the
date
of
29
sale
and
gross
price
of
the
all-terrain
vehicle
or
30
the
fair
market
value
if
no
sale
immediately
preceded
31
the
transfer
and
any
additional
information
the
32
department
requires.
If
the
application
is
made
for
33
an
all-terrain
vehicle
last
previously
registered
34
or
titled
in
another
state
or
foreign
country,
the
35
application
shall
contain
this
information
and
any
36
other
information
the
department
requires.
37
Sec.
137.
Section
462A.77,
subsection
4,
Code
2013,
38
is
amended
to
read
as
follows:
39
4.
Every
owner
of
a
vessel
subject
to
titling
40
under
this
chapter
shall
apply
to
the
county
recorder
41
for
issuance
of
a
certificate
of
title
for
the
vessel
42
within
thirty
days
after
acquisition.
The
application
43
shall
be
on
forms
the
department
prescribes,
and
44
accompanied
by
the
required
fee.
The
application
shall
45
be
signed
and
sworn
to
before
a
notary
public
notarial
46
officer
as
provided
in
chapter
9B
or
other
person
who
47
administers
oaths,
or
shall
include
a
certification
48
signed
in
writing
containing
substantially
the
49
representation
that
statements
made
are
true
and
50
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correct
to
the
best
of
the
applicant’s
knowledge,
1
information,
and
belief,
under
penalty
of
perjury.
2
The
application
shall
contain
the
date
of
sale
and
3
gross
price
of
the
vessel
or
the
fair
market
value
4
if
no
sale
immediately
preceded
the
transfer,
and
any
5
additional
information
the
department
requires.
If
6
the
application
is
made
for
a
vessel
last
previously
7
registered
or
titled
in
another
state
or
foreign
8
country,
it
shall
contain
this
information
and
any
9
other
information
the
department
requires.
10
Sec.
138.
Section
554.3505,
subsection
2,
Code
11
2013,
is
amended
to
read
as
follows:
12
2.
A
protest
is
a
certificate
of
dishonor
made
by
a
13
United
States
consul
or
vice
consul,
or
a
notary
public
14
notarial
officer
as
provided
in
chapter
9B
or
other
15
person
authorized
to
administer
oaths
by
the
law
of
16
the
place
where
dishonor
occurs.
It
may
be
made
upon
17
information
satisfactory
to
that
person.
The
protest
18
must
identify
the
instrument
and
certify
either
that
19
presentment
has
been
made
or,
if
not
made,
the
reason
20
why
it
was
not
made,
and
that
the
instrument
has
been
21
dishonored
by
nonacceptance
or
nonpayment.
The
protest
22
may
also
certify
that
notice
of
dishonor
has
been
given
23
to
some
or
all
parties.
24
Sec.
139.
Section
589.4,
Code
2013,
is
amended
to
25
read
as
follows:
26
589.4
Acknowledgments
by
corporation
officers.
27
The
acknowledgments
of
all
deeds,
mortgages,
or
28
other
instruments
in
writing
taken
or
certified
more
29
than
ten
years
earlier,
which
instruments
have
been
30
recorded
in
the
recorder’s
office
of
any
county
of
this
31
state,
including
acknowledgments
of
instruments
made
by
32
a
corporation,
or
to
which
the
corporation
was
a
party,
33
or
under
which
the
corporation
was
a
beneficiary,
34
and
which
have
been
acknowledged
before
or
certified
35
by
a
notary
public
notarial
officer
as
provided
in
36
chapter
9B
who
was
at
the
time
of
the
acknowledgment
or
37
certifying
a
stockholder
or
officer
in
the
corporation,
38
are
legal
and
valid
official
acts
of
the
notaries
39
public,
and
entitle
the
instruments
to
be
recorded,
40
anything
in
the
laws
of
the
state
of
Iowa
in
regard
to
41
acknowledgments
to
the
contrary
notwithstanding.
This
42
section
does
not
affect
pending
litigation.
43
Sec.
140.
Section
589.5,
Code
2013,
is
amended
to
44
read
as
follows:
45
589.5
Acknowledgments
by
stockholders.
46
All
deeds
and
conveyances
of
lands
within
this
47
state
executed
more
than
ten
years
earlier,
but
48
which
have
been
acknowledged
or
proved
according
49
to
and
in
compliance
with
the
laws
of
this
state
50
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46
before
a
notary
public
notarial
officer
as
provided
1
in
chapter
9B
or
other
official
authorized
by
law
2
to
take
acknowledgments
who
was,
at
the
time
of
3
the
acknowledgment,
an
officer
or
stockholder
of
a
4
corporation
interested
in
the
deed
or
conveyance,
or
5
otherwise
interested
in
the
deeds
or
conveyances,
are,
6
if
otherwise
valid,
valid
in
law
as
though
acknowledged
7
or
proved
before
an
officer
not
interested
in
the
8
deeds
or
conveyances;
and
if
recorded
more
than
ten
9
years
earlier,
in
the
respective
counties
in
which
10
the
lands
are,
the
records
are
valid
in
law
as
though
11
the
deeds
and
conveyances,
so
acknowledged
or
proved
12
and
recorded,
had,
prior
to
being
recorded,
been
13
acknowledged
or
proved
before
an
officer
having
no
14
interest
in
the
deeds
or
conveyances.
15
Sec.
141.
Section
622.86,
Code
2013,
is
amended
to
16
read
as
follows:
17
622.86
Foreign
affidavits.
18
Those
taken
out
of
the
state
before
any
judge
or
19
clerk
of
a
court
of
record,
or
before
a
notary
public
20
notarial
officer
as
provided
in
chapter
9B
,
or
a
21
commissioner
appointed
by
the
governor
of
this
state
to
22
take
acknowledgment
of
deeds
in
the
state
where
such
23
affidavit
is
taken,
are
of
the
same
credibility
as
if
24
taken
within
the
state.
25
DIVISION
XV
26
FINANCIAL
LITERACY
27
Sec.
142.
FINANCIAL
LITERACY
PROGRAM.
There
is
28
transferred
from
the
general
fund
of
the
state
to
the
29
banking
division
within
the
department
of
commerce
for
30
the
fiscal
year
beginning
July
1,
2013,
and
ending
June
31
30,
2014,
the
following
amount,
or
so
much
thereof
as
32
is
necessary,
for
the
purposes
designated:
33
For
deposit
in
the
banking
division
financial
34
literacy
fund
created
in
section
524.107A
to
support
35
financial
literacy
education
as
determined
by
the
36
banking
division
through
a
bank,
bank
holding
company,
37
savings
bank,
or
savings
and
loan
association
organized
38
under
the
law
of
this
state,
another
state,
or
the
39
United
States:
40
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
50,000
41
Sec.
143.
NEW
SECTION
.
524.107A
Financial
literacy
42
fund.
43
A
financial
literacy
fund
is
created
in
the
state
44
treasury
under
the
authority
of
the
superintendent.
45
Moneys
credited
to
the
fund
for
a
fiscal
year
are
46
appropriated
to
the
banking
division
to
be
used
for
47
financial
literacy
program
activities.
Notwithstanding
48
section
8.33,
moneys
credited
to
the
fund
that
remain
49
unencumbered
or
unobligated
at
the
close
of
the
fiscal
50
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year
shall
not
revert
but
shall
remain
available
for
1
expenditure
for
the
purposes
designated
until
the
close
2
of
the
succeeding
fiscal
year.
Notwithstanding
section
3
12C.7,
subsection
2,
interest
or
earnings
on
moneys
4
deposited
in
the
fund
shall
be
credited
to
the
fund.
>
5
2.
Title
page,
line
2,
after
<
fees,
>
by
inserting
6
<
and
penalties,
providing
for
matters
relating
to
7
taxation,
>
8
3.
By
renumbering
as
necessary.
9
______________________________
COMMITTEE
ON
APPROPRIATIONS
SODERBERG
of
Plymouth,
Chairperson
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46
#2.
#3.