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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 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.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 416,702 5 3. For regional tourism marketing under section 6 99F.11, subsection 3, paragraph “d”, subparagraph (2): 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 810,306 8 4. For programs for at-risk children under section 9 279.51: 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 208,351 37 2. For regional tourism marketing under section 38 99F.11, subsection 3, paragraph “d”, subparagraph (2): 39 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 405,153 40 3. For programs for at-risk children under section 41 279.51: 42 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 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 -5- SF452.2086 (3) 85 tm/jp 5/ 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 -6- SF452.2086 (3) 85 tm/jp 6/ 46
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 -7- SF452.2086 (3) 85 tm/jp 7/ 46
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 -8- SF452.2086 (3) 85 tm/jp 8/ 46
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 -9- SF452.2086 (3) 85 tm/jp 9/ 46
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 -10- SF452.2086 (3) 85 tm/jp 10/ 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 -11- SF452.2086 (3) 85 tm/jp 11/ 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 -12- SF452.2086 (3) 85 tm/jp 12/ 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 -13- SF452.2086 (3) 85 tm/jp 13/ 46
“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 -14- SF452.2086 (3) 85 tm/jp 14/ 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 -15- SF452.2086 (3) 85 tm/jp 15/ 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 -16- SF452.2086 (3) 85 tm/jp 16/ 46
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 50 -17- SF452.2086 (3) 85 tm/jp 17/ 46
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 50 -18- SF452.2086 (3) 85 tm/jp 18/ 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 -19- SF452.2086 (3) 85 tm/jp 19/ 46
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 -20- SF452.2086 (3) 85 tm/jp 20/ 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 -21- SF452.2086 (3) 85 tm/jp 21/ 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 -22- SF452.2086 (3) 85 tm/jp 22/ 46
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 -23- SF452.2086 (3) 85 tm/jp 23/ 46
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 -24- SF452.2086 (3) 85 tm/jp 24/ 46
(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 -25- SF452.2086 (3) 85 tm/jp 25/ 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: 50 -26- SF452.2086 (3) 85 tm/jp 26/ 46
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. 50 -27- SF452.2086 (3) 85 tm/jp 27/ 46
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 50 -28- SF452.2086 (3) 85 tm/jp 28/ 46
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 50 -29- SF452.2086 (3) 85 tm/jp 29/ 46
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. 50 -30- SF452.2086 (3) 85 tm/jp 30/ 46
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. 50 -31- SF452.2086 (3) 85 tm/jp 31/ 46
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 -32- SF452.2086 (3) 85 tm/jp 32/ 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 -33- 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 tm/jp 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 -37- SF452.2086 (3) 85 tm/jp 37/ 46
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. 50 -38- SF452.2086 (3) 85 tm/jp 38/ 46
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 50 -39- SF452.2086 (3) 85 tm/jp 39/ 46
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 50 -40- SF452.2086 (3) 85 tm/jp 40/ 46
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 50 -41- SF452.2086 (3) 85 tm/jp 41/ 46
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 -42- SF452.2086 (3) 85 tm/jp 42/ 46
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 -43- SF452.2086 (3) 85 tm/jp 43/ 46
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 -44- SF452.2086 (3) 85 tm/jp 44/ 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 -45- SF452.2086 (3) 85 tm/jp 45/ 46
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 -46- SF452.2086 (3) 85 tm/jp 46/ 46 #2. #3.