House
Amendment
to
Senate
File
452
S-3218
Amend
Senate
File
452,
as
amended,
passed,
and
1
reprinted
by
the
Senate,
as
follows:
2
1.
By
striking
everything
after
the
enacting
clause
3
and
inserting:
4
<
DIVISION
I
5
STANDING
APPROPRIATIONS
AND
RELATED
MATTERS
6
Section
1.
BUDGET
PROCESS
FOR
FISCAL
YEAR
7
2014-2015.
8
1.
For
the
budget
process
applicable
to
the
fiscal
9
year
beginning
July
1,
2014,
on
or
before
October
1,
10
2013,
in
lieu
of
the
information
specified
in
section
11
8.23,
subsection
1,
unnumbered
paragraph
1,
and
12
paragraph
“a”,
all
departments
and
establishments
of
13
the
government
shall
transmit
to
the
director
of
the
14
department
of
management,
on
blanks
to
be
furnished
15
by
the
director,
estimates
of
their
expenditure
16
requirements,
including
every
proposed
expenditure,
for
17
the
ensuing
fiscal
year,
together
with
supporting
data
18
and
explanations
as
called
for
by
the
director
of
the
19
department
of
management
after
consultation
with
the
20
legislative
services
agency.
21
2.
The
estimates
of
expenditure
requirements
22
shall
be
in
a
form
specified
by
the
director
of
23
the
department
of
management,
and
the
expenditure
24
requirements
shall
include
all
proposed
expenditures
25
and
shall
be
prioritized
by
program
or
the
results
to
26
be
achieved.
The
estimates
shall
be
accompanied
by
27
performance
measures
for
evaluating
the
effectiveness
28
of
the
programs
or
results.
29
Sec.
2.
GENERAL
ASSEMBLY.
30
1.
The
appropriations
made
pursuant
to
section
31
2.12
for
the
expenses
of
the
general
assembly
and
32
legislative
agencies
for
the
fiscal
year
beginning
July
33
1,
2013,
and
ending
June
30,
2014,
are
reduced
by
the
34
following
amount:
35
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
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.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
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-
SF452.2181.H
(2)
85
md
1/
60
#1.
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.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
3,000,000
1
2.
For
operational
support
grants
and
community
2
cultural
grants
under
section
99F.11,
subsection
3,
3
paragraph
“d”,
subparagraph
(1):
4
.
.
.
.
.
.
.
.
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.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
416,702
5
3.
For
regional
tourism
marketing
under
section
6
99F.11,
subsection
3,
paragraph
“d”,
subparagraph
(2):
7
.
.
.
.
.
.
.
.
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.
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.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
810,306
8
4.
For
programs
for
at-risk
children
under
section
9
279.51:
10
.
.
.
.
.
.
.
.
.
.
.
.
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.
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.
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.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
10,728,891
11
The
amount
of
any
reduction
in
this
subsection
shall
12
be
prorated
among
the
programs
specified
in
section
13
279.51,
subsection
1,
paragraphs
“a”,
“b”,
and
“c”.
14
5.
For
payment
for
nonpublic
school
transportation
15
under
section
285.2:
16
.
.
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.
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.
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.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
8,560,931
17
If
total
approved
claims
for
reimbursement
for
18
nonpublic
school
pupil
transportation
exceed
the
amount
19
appropriated
in
accordance
with
this
subsection,
the
20
department
of
education
shall
prorate
the
amount
of
21
each
approved
claim.
22
6.
For
the
enforcement
of
chapter
453D
relating
to
23
tobacco
product
manufacturers
under
section
453D.8:
24
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
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.
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.
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.
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.
.
.
.
.
.
.
.
.
.
.
.
$
18,416
25
Sec.
4.
LIMITATIONS
OF
STANDING
APPROPRIATIONS
26
——
FY
2014-2015.
Notwithstanding
the
standing
27
appropriations
in
the
following
designated
sections
for
28
the
fiscal
year
beginning
July
1,
2014,
and
ending
June
29
30,
2015,
the
amounts
appropriated
from
the
general
30
fund
of
the
state
pursuant
to
these
sections
for
the
31
following
designated
purposes
shall
not
exceed
the
32
following
amounts:
33
1.
For
operational
support
grants
and
community
34
cultural
grants
under
section
99F.11,
subsection
3,
35
paragraph
“d”,
subparagraph
(1):
36
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
208,351
37
2.
For
regional
tourism
marketing
under
section
38
99F.11,
subsection
3,
paragraph
“d”,
subparagraph
(2):
39
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
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.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
405,153
40
3.
For
programs
for
at-risk
children
under
section
41
279.51:
42
.
.
.
.
.
.
.
.
.
.
.
.
.
.
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.
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.
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.
.
.
.
.
.
.
.
.
.
.
.
.
$
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-
SF452.2181.H
(2)
85
md
2/
60
nonpublic
school
pupil
transportation
exceed
the
amount
1
appropriated
in
accordance
with
this
subsection,
the
2
department
of
education
shall
prorate
the
amount
of
3
each
approved
claim.
4
5.
For
the
enforcement
of
chapter
453D
relating
to
5
tobacco
product
manufacturers
under
section
453D.8:
6
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
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.
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.
.
.
.
.
.
$
9,208
7
Sec.
5.
INSTRUCTIONAL
SUPPORT
STATE
AID
——
8
FY
2013-2014
——
FY
2014-2015.
In
lieu
of
the
9
appropriation
provided
in
section
257.20,
subsection
2
,
10
the
appropriation
for
the
fiscal
years
beginning
July
11
1,
2013,
and
July
1,
2014,
for
paying
instructional
12
support
state
aid
under
section
257.20
for
fiscal
years
13
2013-2014
and
2014-2015
is
zero.
14
Sec.
6.
Section
97A.11A,
subsection
1,
Code
2013,
15
is
amended
to
read
as
follows:
16
1.
Beginning
with
the
fiscal
year
commencing
July
17
1,
2013
2015
,
and
ending
June
30
of
the
fiscal
year
18
during
which
the
board
determines
that
the
system’s
19
funded
ratio
of
assets
to
liabilities
is
at
least
20
eighty-five
percent,
there
is
appropriated
from
the
21
general
fund
of
the
state
for
each
fiscal
year
to
the
22
retirement
fund
described
in
section
97A.8
,
an
amount
23
equal
to
five
million
dollars.
24
Sec.
7.
Section
257.35,
Code
2013,
is
amended
by
25
adding
the
following
new
subsection:
26
NEW
SUBSECTION
.
7A.
Notwithstanding
subsection
1,
27
and
in
addition
to
the
reduction
applicable
pursuant
28
to
subsection
2,
the
state
aid
for
area
education
29
agencies
and
the
portion
of
the
combined
district
cost
30
calculated
for
these
agencies
for
the
fiscal
year
31
beginning
July
1,
2013,
and
ending
June
30,
2014,
shall
32
be
reduced
by
the
department
of
management
by
twenty
33
million
dollars.
The
reduction
for
each
area
education
34
agency
shall
be
prorated
based
on
the
reduction
that
35
the
agency
received
in
the
fiscal
year
beginning
July
36
1,
2003.
37
DIVISION
II
38
MISCELLANEOUS
PROVISIONS
AND
APPROPRIATIONS
39
Sec.
8.
INDIVIDUAL
DEVELOPMENT
ACCOUNT
40
PROGRAM.
There
is
appropriated
from
the
general
fund
41
of
the
state
to
the
department
of
human
rights
for
the
42
fiscal
year
beginning
July
1,
2013,
and
ending
June
30,
43
2014,
the
following
amounts,
or
so
much
thereof
as
is
44
necessary,
for
the
purposes
designated:
45
For
deposit
in
the
individual
development
account
46
state
match
fund
created
in
section
541A.7
to
support
47
the
operating
organization
providing
individual
48
development
accounts
in
Iowa:
49
.
.
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.
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.
.
.
$
50,000
50
-3-
SF452.2181.H
(2)
85
md
3/
60
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
49.77,
subsection
1,
Code
2013,
is
22
amended
by
adding
the
following
new
paragraph:
23
NEW
PARAGRAPH
.
c.
At
the
discretion
of
the
24
commissioner,
an
electronic
election
register
may
25
be
used
to
produce
the
declaration
required
in
this
26
subsection.
The
person
desiring
to
vote
shall
sign
27
the
declaration
produced
by
the
electronic
election
28
register
prior
to
receiving
a
ballot.
29
Sec.
12.
Section
135C.7,
Code
2013,
is
amended
by
30
adding
the
following
new
unnumbered
paragraph:
31
NEW
UNNUMBERED
PARAGRAPH
.
In
addition
to
the
32
license
fees
listed
in
this
section,
there
shall
be
33
an
annual
assessment
assessed
to
each
licensee
in
an
34
amount
to
cover
the
cost
of
independent
reviewers
35
provided
pursuant
to
section
135C.42.
The
department
36
shall,
in
consultation
with
licensees,
establish
37
the
assessment
amount
by
rule
based
on
the
award
of
38
a
request
for
proposals.
The
assessment
shall
be
39
retained
by
the
department
as
a
repayment
receipt
as
40
defined
in
section
8.2
and
used
for
the
purpose
of
41
paying
the
cost
of
the
independent
reviewers.
42
Sec.
13.
Section
144.26,
Code
2013,
is
amended
by
43
adding
the
following
new
subsection:
44
NEW
SUBSECTION
.
5.
Upon
the
activation
of
an
45
electronic
death
record
system,
each
person
with
a
46
duty
related
to
death
certificates
shall
participate
47
in
the
electronic
death
record
system.
A
person
with
48
a
duty
related
to
a
death
certificate
includes
but
49
is
not
limited
to
a
physician
as
defined
in
section
50
-4-
SF452.2181.H
(2)
85
md
4/
60
135.1,
a
physician
assistant,
an
advanced
registered
1
nurse
practitioner,
a
funeral
director,
and
a
county
2
recorder.
3
Sec.
14.
Section
256C.4,
subsection
1,
paragraph
4
d,
Code
2013,
is
amended
by
adding
the
following
new
5
unnumbered
paragraph:
6
NEW
UNNUMBERED
PARAGRAPH
.
Preschool
foundation
aid
7
funding
distributed
to
an
approved
local
program
that
8
remains
unencumbered
or
unobligated
at
the
close
of
9
a
fiscal
year
shall
be
used
in
the
succeeding
fiscal
10
year
to
expand
the
local
program’s
preschool
student
11
capacity.
12
Sec.
15.
Section
256C.4,
subsection
1,
paragraphs
g
13
and
h,
Code
2013,
are
amended
to
read
as
follows:
14
g.
For
the
fiscal
year
beginning
July
1,
2011,
15
and
each
succeeding
fiscal
year,
of
Of
the
amount
16
of
preschool
foundation
aid
received
by
a
school
17
district
for
a
fiscal
year
in
accordance
with
section
18
257.16
,
not
more
than
five
percent
may
be
used
by
the
19
school
district
for
the
school
district’s
costs
of
20
administering
the
district’s
approved
local
program.
21
h.
For
the
fiscal
year
beginning
July
1,
2012,
and
22
each
succeeding
fiscal
year,
of
the
amount
of
preschool
23
foundation
aid
received
by
a
school
district
for
a
24
fiscal
year
in
accordance
with
section
257.16
,
not
25
less
than
ninety-five
percent
of
the
per
pupil
amount
26
shall
be
passed
through
to
If
the
students
enrolled
27
in
a
school
district’s
approved
local
program
receive
28
the
program’s
preschool
instruction
through
or
in
29
conjunction
with
services
provided
to
the
students
by
30
a
community-based
provider
for
each
pupil
enrolled
in
31
the
district’s
approved
local
program
,
the
department’s
32
administrative
rules
and
other
requirements
applicable
33
to
the
provider
and
the
school
district’s
agreement
34
with
the
provider
shall
allow
payment
for
the
35
provider’s
direct
and
indirect
costs
relating
to
the
36
students
.
For
the
fiscal
year
beginning
July
1,
2011,
37
and
each
succeeding
fiscal
year,
not
more
than
five
38
percent
of
the
amount
of
preschool
foundation
aid
39
passed
through
to
a
community-based
provider
may
be
40
used
by
the
community-based
provider
for
administrative
41
costs.
If
the
community-based
provider
is
not
subject
42
to
an
annual
audit
in
accordance
with
generally
43
accepted
accounting
principles,
the
provider
shall
44
utilize
processes
which
shall
be
recommended
by
the
45
auditor
of
state
to
identify
the
provider’s
direct
and
46
indirect
costs
attributable
to
the
students
enrolled
47
in
the
program.
48
Sec.
16.
Section
261.12,
subsection
1,
Code
2013,
49
is
amended
to
read
as
follows:
50
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SF452.2181.H
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85
md
5/
60
1.
The
amount
of
a
tuition
grant
to
a
qualified
1
full-time
student
for
the
fall
and
spring
semesters,
or
2
the
trimester
equivalent,
shall
be
the
amount
of
the
3
student’s
financial
need
for
that
period.
However,
a
4
tuition
grant
shall
not
exceed
the
lesser
of:
5
a.
The
total
tuition
and
mandatory
fees
for
that
6
student
for
two
semesters
or
the
trimester
or
quarter
7
equivalent,
less
the
base
amount
determined
annually
8
by
the
college
student
aid
commission,
which
base
9
amount
shall
be
within
ten
dollars
of
the
average
10
tuition
for
two
semesters
or
the
trimester
equivalent
11
of
undergraduate
study
at
the
state
universities
under
12
the
board
of
regents,
but
in
any
event
the
base
amount
13
shall
not
be
less
than
four
hundred
dollars
;
or
14
b.
For
the
fiscal
year
beginning
July
1,
2000,
and
15
for
each
following
fiscal
year,
four
thousand
dollars
.
16
Sec.
17.
Section
261.93,
subsection
2,
paragraph
17
b,
subparagraph
(4),
Code
2013,
is
amended
to
read
as
18
follows:
19
(4)
Is
the
child
of
a
fire
fighter
or
police
20
officer
included
under
section
97B.49B
,
who
was
killed
21
in
the
line
of
duty
as
determined
by
the
Iowa
public
22
employees’
retirement
system
in
accordance
with
section
23
97B.52,
subsection
2
.
24
Sec.
18.
Section
523A.303,
subsection
1,
paragraph
25
b,
unnumbered
paragraph
1,
Code
2013,
is
amended
to
26
read
as
follows:
27
At
least
sixty
days
after
mailing
notice
to
the
28
director,
the
seller
shall
disburse
any
remaining
29
funds
amount
in
excess
of
five
hundred
dollars
from
the
30
burial
trust
fund
as
follows:
31
Sec.
19.
EFFECTIVE
UPON
ENACTMENT.
The
following
32
provision
or
provisions
of
this
division
of
this
Act,
33
being
deemed
of
immediate
importance,
take
effect
upon
34
enactment:
35
1.
The
sections
amending
section
256C.4,
subsection
36
1,
paragraphs
“d”,
“g”,
and
“h”.
37
DIVISION
III
38
CORRECTIVE
PROVISIONS
39
Sec.
20.
Section
2.12,
unnumbered
paragraph
4,
Code
40
2013,
as
amended
by
2013
Iowa
Acts,
House
File
185,
41
section
1,
is
amended
to
read
as
follows:
42
There
is
appropriated
out
of
any
funds
in
the
state
43
treasury
not
otherwise
appropriated
such
sums
as
44
may
be
necessary
for
the
fiscal
year
budgets
of
the
45
legislative
services
agency
and
the
ombudsman
office
46
of
ombudsman
for
salaries,
support,
maintenance,
and
47
miscellaneous
purposes
to
carry
out
their
statutory
48
responsibilities.
The
legislative
services
agency
49
and
the
ombudsman
office
of
ombudsman
shall
submit
50
-6-
SF452.2181.H
(2)
85
md
6/
60
their
proposed
budgets
to
the
legislative
council
not
1
later
than
September
1
of
each
year.
The
legislative
2
council
shall
review
and
approve
the
proposed
budgets
3
not
later
than
December
1
of
each
year.
The
budget
4
approved
by
the
legislative
council
for
each
of
its
5
statutory
legislative
agencies
shall
be
transmitted
by
6
the
legislative
council
to
the
department
of
management
7
on
or
before
December
1
of
each
year
for
the
fiscal
8
year
beginning
July
1
of
the
following
year.
The
9
department
of
management
shall
submit
the
approved
10
budgets
received
from
the
legislative
council
to
the
11
governor
for
inclusion
in
the
governor’s
proposed
12
budget
for
the
succeeding
fiscal
year.
The
approved
13
budgets
shall
also
be
submitted
to
the
chairpersons
of
14
the
committees
on
appropriations.
The
committees
on
15
appropriations
may
allocate
from
the
funds
appropriated
16
by
this
section
the
funds
contained
in
the
approved
17
budgets,
or
such
other
amounts
as
specified,
pursuant
18
to
a
concurrent
resolution
to
be
approved
by
both
19
houses
of
the
general
assembly.
The
director
of
20
the
department
of
administrative
services
shall
21
issue
warrants
for
salaries,
support,
maintenance,
22
and
miscellaneous
purposes
upon
requisition
by
the
23
administrative
head
of
each
statutory
legislative
24
agency.
If
the
legislative
council
elects
to
change
25
the
approved
budget
for
a
legislative
agency
prior
to
26
July
1,
the
legislative
council
shall
transmit
the
27
amount
of
the
budget
revision
to
the
department
of
28
management
prior
to
July
1
of
the
fiscal
year,
however,
29
if
the
general
assembly
approved
the
budget
it
cannot
30
be
changed
except
pursuant
to
a
concurrent
resolution
31
approved
by
the
general
assembly.
32
Sec.
21.
Section
2.42,
subsection
14,
Code
2013,
as
33
amended
by
2013
Iowa
Acts,
House
File
185,
section
2,
34
is
amended
to
read
as
follows:
35
14.
To
hear
and
act
upon
appeals
of
aggrieved
36
employees
of
the
legislative
services
agency
and
the
37
office
of
the
ombudsman
pursuant
to
rules
of
procedure
38
established
by
the
council.
39
Sec.
22.
Section
2C.3,
subsection
2,
Code
2013,
as
40
enacted
by
2013
Iowa
Acts,
House
File
185,
section
4,
41
is
amended
to
read
as
follows:
42
2.
The
ombudsman
shall
employ
and
supervise
all
43
employees
under
the
ombudsman’s
direction
in
such
44
positions
and
at
such
salaries
as
shall
be
authorized
45
by
the
legislative
council.
The
legislative
council
46
shall
hear
and
act
upon
appeals
of
aggrieved
employees
47
of
the
office
of
the
ombudsman.
48
Sec.
23.
Section
2C.9,
subsection
6,
Code
2013,
as
49
amended
by
2013
Iowa
Acts,
House
File
185,
section
10,
50
-7-
SF452.2181.H
(2)
85
md
7/
60
is
amended
to
read
as
follows:
1
6.
Establish
rules
relating
to
the
operation,
2
organization,
and
procedure
of
the
office
of
the
3
ombudsman.
The
rules
are
exempt
from
chapter
17A
and
4
shall
be
published
in
the
Iowa
administrative
code.
5
Sec.
24.
Section
2C.11,
subsection
1,
unnumbered
6
paragraph
1,
Code
2013,
as
amended
by
2013
Iowa
Acts,
7
House
File
185,
section
12,
is
amended
to
read
as
8
follows:
9
An
appropriate
subject
for
investigation
by
the
10
office
of
the
ombudsman
is
an
administrative
action
11
that
might
be:
12
Sec.
25.
Section
2C.18,
Code
2013,
as
amended
by
13
2013
Iowa
Acts,
House
File
185,
section
20,
is
amended
14
to
read
as
follows:
15
2C.18
Report
to
general
assembly.
16
The
ombudsman
shall
by
April
1
of
each
year
submit
17
an
economically
designed
and
reproduced
report
to
18
the
general
assembly
and
to
the
governor
concerning
19
the
exercise
of
the
ombudsman
ombudsman’s
functions
20
during
the
preceding
calendar
year.
In
discussing
21
matters
with
which
the
ombudsman
has
been
concerned,
22
the
ombudsman
shall
not
identify
specific
persons
if
23
to
do
so
would
cause
needless
hardship.
If
the
annual
24
report
criticizes
a
named
agency
or
official,
it
shall
25
also
include
unedited
replies
made
by
the
agency
or
26
official
to
the
criticism,
unless
excused
by
the
agency
27
or
official
affected.
28
Sec.
26.
Section
8B.21,
subsection
5,
paragraph
e,
29
if
enacted
by
2013
Iowa
Acts,
Senate
File
396,
section
30
3,
is
amended
to
read
as
follows:
31
e.
The
department
of
public
defense
shall
not
be
32
required
to
obtain
any
information
technology
services
33
pursuant
to
this
chapter
for
the
department
of
public
34
defense
that
is
are
provided
by
the
office
pursuant
35
to
this
chapter
without
the
consent
of
the
adjutant
36
general.
37
Sec.
27.
Section
23A.4,
subsection
3,
Code
2013,
as
38
enacted
by
2013
Iowa
Acts,
House
File
185,
section
27,
39
is
amended
to
read
as
follows:
40
3.
Chapter
17A
and
this
section
are
the
exclusive
41
remedy
for
violations
of
this
chapter
.
However,
the
42
office
of
the
ombudsman
may
review
violations
of
this
43
chapter
and
make
recommendations
as
provided
in
chapter
44
2C
.
45
Sec.
28.
Section
29.1,
Code
2013,
as
amended
by
46
2013
Iowa
Acts,
House
File
307,
section
9,
is
amended
47
to
read
as
follows:
48
29.1
Department
of
public
defense.
49
The
department
of
public
defense
is
composed
of
the
50
-8-
SF452.2181.H
(2)
85
md
8/
60
office
of
the
adjutant
general
and
the
military
forces
1
of
the
state
of
Iowa.
The
adjutant
general
is
the
2
director
of
the
department
of
public
defense
and
shall
3
perform
all
functions,
responsibilities,
powers,
and
4
duties
over
concerning
the
military
forces
of
the
state
5
of
Iowa
as
provided
in
the
laws
of
the
state.
6
Sec.
29.
Section
35A.13,
subsection
6A,
paragraph
7
b,
subparagraph
(1),
if
enacted
by
2013
Iowa
Acts,
8
House
File
613,
section
2,
is
amended
to
read
as
9
follows:
10
(1)
The
commission
may
provide
educational
11
assistance
funds
to
any
child
who
has
lived
in
the
12
state
of
Iowa
for
two
years
preceding
application
for
13
state
educational
assistance,
and
who
is
the
child
14
of
a
person
who
died
prior
to
September
11,
2001,
15
during
active
federal
military
service
while
serving
16
in
the
armed
forces
or
during
active
federal
military
17
service
in
the
Iowa
national
guard
or
other
military
18
component
of
the
United
States,
to
defray
the
expenses
19
of
tuition,
matriculation,
laboratory
and
similar
20
fees,
books
and
supplies,
board,
lodging,
and
any
21
other
reasonably
necessary
expense
for
the
child
or
22
children
incident
to
attendance
in
this
state
at
an
23
educational
or
training
institution
of
college
grade,
24
or
in
a
business
or
vocational
training
school
with
25
standards
approved
by
the
department.
The
commission
26
shall
not
expend
more
than
six
hundred
dollars
per
year
27
for
educational
assistance
for
any
one
child
under
this
28
paragraph
“b”
.
29
Sec.
30.
Section
70A.28,
subsection
6,
Code
2013,
30
as
amended
by
2013
Iowa
Acts,
House
File
185,
section
31
28,
is
amended
to
read
as
follows:
32
6.
Subsection
2
may
also
be
enforced
by
an
employee
33
through
an
administrative
action
pursuant
to
the
34
requirements
of
this
subsection
if
the
employee
is
not
35
a
merit
system
employee
or
an
employee
covered
by
a
36
collective
bargaining
agreement.
An
employee
eligible
37
to
pursue
an
administrative
action
pursuant
to
this
38
subsection
who
is
discharged,
suspended,
demoted,
or
39
otherwise
receives
a
reduction
in
pay
and
who
believes
40
the
adverse
employment
action
was
taken
as
a
result
41
of
the
employee’s
disclosure
of
information
that
42
was
authorized
pursuant
to
subsection
2
,
may
file
an
43
appeal
of
the
adverse
employment
action
with
the
public
44
employment
relations
board
within
thirty
calendar
days
45
following
the
later
of
the
effective
date
of
the
action
46
or
the
date
a
finding
is
issued
to
the
employee
by
the
47
office
of
the
ombudsman
pursuant
to
section
2C.11A
.
48
The
findings
issued
by
the
ombudsman
may
be
introduced
49
as
evidence
before
the
public
employment
relations
50
-9-
SF452.2181.H
(2)
85
md
9/
60
board.
The
employee
has
the
right
to
a
hearing
closed
1
to
the
public,
but
may
request
a
public
hearing.
The
2
hearing
shall
otherwise
be
conducted
in
accordance
with
3
the
rules
of
the
public
employment
relations
board
and
4
the
Iowa
administrative
procedure
Act,
chapter
17A
.
If
5
the
public
employment
relations
board
finds
that
the
6
action
taken
in
regard
to
the
employee
was
in
violation
7
of
subsection
2
,
the
employee
may
be
reinstated
without
8
loss
of
pay
or
benefits
for
the
elapsed
period,
or
9
the
public
employment
relations
board
may
provide
10
other
appropriate
remedies.
Decisions
by
the
public
11
employment
relations
board
constitute
final
agency
12
action.
13
Sec.
31.
Section
105.10,
subsection
3,
Code
2013,
14
as
amended
by
2013
Iowa
Acts,
Senate
File
427,
section
15
10,
is
amended
to
read
as
follows:
16
3.
An
individual
holding
a
master
mechanical
17
license
shall
not
be
required
to
get
an
18
HVAC-refrigeration,
sheet
metal,
or
hydronic
license
in
19
order
to
design,
install,
or
repair
the
work
defined
20
in
this
chapter
as
mechanical,
HVAC-refrigeration,
21
sheet
metal,
or
hydronic
work.
An
individual
holding
22
a
journey
journeyperson
mechanical
license
shall
23
not
be
required
to
get
an
HVAC-refrigeration,
sheet
24
metal,
or
hydronic
license
in
order
to
install
and
25
repair
the
work
defined
in
this
chapter
as
mechanical,
26
HVAC-refrigeration,
sheet
metal,
or
hydronic
work.
An
27
individual
holding
a
master
or
journey
journeyperson
28
mechanical
license
shall
also
not
be
required
to
obtain
29
a
special,
restricted
license
that
is
designated
as
a
30
sublicense
of
the
mechanical,
HVAC-refrigeration,
sheet
31
metal,
or
hydronic
licenses.
32
Sec.
32.
Section
105.32,
as
enacted
by
2013
Iowa
33
Acts,
Senate
File
427,
section
32,
Code
2013,
is
34
amended
to
read
as
follows:
35
105.32
Transition
provisions.
36
A
licensee
whose
license
expires
between
June
30,
37
2014,
and
July
1,
2017,
may
voluntarily
renew
their
38
the
license
early
so
they
may
have
the
license
has
an
39
expiration
date
of
June
30,
2017.
This
voluntary
early
40
renewal
may
happen
at
any
time
on
or
after
July
1,
41
2014.
The
department
shall
promulgate
rules
that
allow
42
for
this
one-time
early
renewal
process,
including
fees
43
and
continuing
education
requirements.
44
Sec.
33.
Section
126.11,
subsection
3,
paragraph
45
b,
Code
2013,
as
amended
by
2013
Iowa
Acts,
House
File
46
417,
section
26,
is
amended
to
read
as
follows:
47
b.
A
drug
dispensed
by
filling
or
refilling
a
48
written,
electronic,
facsimile,
or
oral
prescription
49
of
a
practitioner
licensed
by
law
to
administer
the
50
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drug
is
exempt
from
section
126.10
,
except
section
1
126.10,
subsection
1
,
paragraph
“a”
,
section
126.10,
2
subsection
1,
paragraph
“i”
,
subparagraphs
(2)
and
(3),
3
and
section
126.10,
subsection
1
,
paragraphs
“k”
and
4
“l”
,
and
the
packaging
requirements
of
section
126.10,
5
subsection
1
,
paragraphs
“g”
,
“h”
,
and
“p”
,
if
the
6
drug
bears
a
label
containing
the
name
and
address
of
7
the
dispenser,
the
date
of
the
prescription
or
of
its
8
filling,
the
name
of
the
prescriber,
and,
if
stated
9
in
the
prescription,
the
name
of
the
patient,
and
the
10
directions
for
use
and
cautionary
statements,
if
any,
11
contained
in
the
prescription.
This
exemption
does
12
not
apply
to
a
drug
dispensed
in
the
course
of
the
13
conduct
of
the
business
of
dispensing
drugs
pursuant
to
14
diagnosis
by
mail,
or
to
a
drug
dispensed
in
violation
15
of
paragraph
“a”
of
this
subsection
.
16
Sec.
34.
Section
249A.43,
subsection
3,
as
enacted
17
by
2013
Iowa
Acts,
Senate
File
357,
section
7,
is
18
amended
to
read
as
follows:
19
3.
An
affidavit
of
service
of
a
notice
of
entry
20
of
judgment
shall
be
made
by
first
class
mail
at
the
21
address
where
the
debtor
was
served
with
the
notice
22
of
overpayment.
Service
is
completed
upon
mailing
as
23
specified
in
this
paragraph
subsection
.
24
Sec.
35.
Section
252D.17,
subsection
1,
paragraph
25
m,
as
enacted
by
2013
Iowa
Acts,
House
File
417,
26
section
55,
Code
2013,
is
amended
to
read
as
follows:
27
m.
2.
The
department
shall
establish
criteria
and
28
a
phased-in
schedule
to
require,
no
later
than
June
29
30,
2015,
payors
of
income
to
electronically
transmit
30
the
amounts
withheld
under
an
income
withholding
31
order.
The
department
shall
assist
payors
of
income
in
32
complying
with
the
required
electronic
transmission,
33
and
shall
adopt
rules
setting
forth
procedures
34
for
use
in
electronic
transmission
of
funds,
and
35
exemption
from
use
of
electronic
transmission
taking
36
into
consideration
any
undue
hardship
electronic
37
transmission
creates
for
payors
of
income.
38
Sec.
36.
Section
263B.3,
Code
2013,
as
amended
by
39
2013
Iowa
Acts,
House
File
417,
section
63,
is
amended
40
to
read
as
follows:
41
263B.3
Agreements
with
federal
departments.
42
The
state
archaeologist
is
authorized
to
enter
into
43
agreements
and
cooperative
efforts
with
the
federal
44
highway
administrator,
the
United
States
departments
45
of
commerce,
interior,
agriculture,
and
defense,
46
and
any
other
federal
or
state
agencies
concerned
47
with
archaeological
salvage
or
the
preservation
of
48
antiquities.
49
Sec.
37.
Section
321.463,
subsection
12A,
50
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60
paragraphs
a
and
c,
as
enacted
by
2013
Iowa
Acts,
House
1
File
14,
section
1,
are
amended
to
read
as
follows:
2
a.
A
person
operating
a
vehicle
or
combination
of
3
vehicles
equipped
with
a
retractable
axle
may
raise
the
4
axle
when
necessary
to
negotiate
a
turn,
provided
that
5
the
retractable
axle
is
lowered
within
one
thousand
6
feet
following
completion
of
the
turn.
This
paragraph
7
does
not
apply
to
a
vehicle
or
combination
of
vehicles
8
operated
on
an
interstate
highway,
including
a
ramp
to
9
or
from
an
interstate
highway,
or
on
a
bridge.
10
c.
This
subsection
does
not
prohibit
the
operation
11
of
a
vehicle
or
combination
of
vehicles
equipped
with
12
a
retractable
axle
from
operating
with
the
retractable
13
axle
raised
when
the
vehicle
or
combination
of
vehicles
14
is
in
compliance
with
the
weight
limitations
of
this
15
section
with
the
retractable
axle
raised.
16
Sec.
38.
Section
321E.9A,
subsection
1,
Code
2013,
17
as
amended
by
2013
Iowa
Acts,
Senate
File
355,
section
18
7,
is
amended
to
read
as
follows:
19
1.
Vehicles
with
indivisible
loads
having
an
20
overall
length
not
to
exceed
one
hundred
twenty
feet,
21
an
overall
width
not
to
exceed
sixteen
feet,
and
a
22
height
not
to
exceed
fifteen
feet
five
inches
may
23
be
moved
on
highways
specified
by
the
permitting
24
permit-issuing
authority,
provided
the
gross
weight
on
25
any
one
axle
shall
not
exceed
the
maximum
prescribed
26
in
section
321.463
and
the
total
gross
weight
is
not
27
greater
than
one
hundred
fifty-six
thousand
pounds.
28
Sec.
39.
Section
327F.39,
subsection
6,
paragraph
29
b,
if
enacted
by
2013
Iowa
Acts,
Senate
File
340,
30
section
4,
is
amended
to
read
as
follows:
31
b.
A
violation
of
subsection
4A
or
rules
adopted
32
pursuant
to
subsection
4A
by
a
railroad
worker
33
transportation
company
or
a
railroad
corporation
34
company
is
punishable
as
a
schedule
“one”
penalty
under
35
section
327C.5.
36
Sec.
40.
Section
418.5,
subsection
1,
Code
2013,
as
37
amended
by
2013
Iowa
Acts,
House
File
307,
section
51,
38
is
amended
to
read
as
follows:
39
1.
The
flood
mitigation
board
is
established
40
consisting
of
nine
voting
members
and
four
ex
officio,
41
nonvoting
members,
and
is
located
for
administrative
42
purposes
within
the
division
department
.
The
director
43
of
the
department
shall
provide
office
space,
staff
44
assistance,
and
necessary
supplies
and
equipment
for
45
the
board.
The
director
shall
budget
funds
to
pay
the
46
necessary
expenses
of
the
board.
In
performing
its
47
functions,
the
board
is
performing
a
public
function
48
on
behalf
of
the
state
and
is
a
public
instrumentality
49
of
the
state.
50
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Sec.
41.
Section
426A.11,
subsection
1,
Code
2013,
1
as
amended
by
2013
Iowa
Acts,
House
File
417,
section
2
97,
is
amended
to
read
as
follows:
3
1.
The
property,
not
to
exceed
two
thousand
seven
4
hundred
seventy-eight
dollars
in
taxable
value
of
any
5
veteran,
as
defined
in
section
35.1
,
of
the
World
War
6
I.
7
Sec.
42.
Section
455B.275,
subsection
3A,
8
paragraphs
a
and
b,
if
enacted
by
2013
Iowa
Acts,
House
9
File
541,
section
1,
are
amended
to
read
as
follows:
10
a.
The
person
reconstructing
the
dam
is
only
11
required
to
possess
the
flooding
easements
or
ownership
12
which
were
was
held
prior
to
the
reconstruction
as
long
13
as
the
former
normal
pool
elevation
is
not
exceeded
and
14
the
spillway
capacity
is
increased
by
at
least
fifty
15
percent.
16
b.
Flooding
easements
or
ownership
are
is
only
17
required
to
the
top
of
the
reconstructed
spillway
18
elevation.
19
Sec.
43.
Section
490.863,
subsection
3,
paragraph
20
a,
as
enacted
by
2013
Iowa
Acts,
House
File
469,
21
section
43,
is
amended
to
read
as
follows:
22
a.
“Holder”
means
and
“held
by”
refers
to
shares
23
held
by
both
a
record
shareholder,
as
defined
in
24
section
490.1301,
subsection
7,
and
a
beneficial
25
shareholder,
as
defined
in
section
490.1301,
subsection
26
2.
27
Sec.
44.
Section
490.1302,
subsection
2,
paragraph
28
d,
Code
2013,
as
amended
by
2013
Iowa
Acts,
House
File
29
469,
section
53,
is
amended
to
read
as
follows:
30
d.
Paragraph
“a”
,
shall
not
be
applicable
and
31
appraisal
rights
shall
be
available
pursuant
to
32
subsection
1
for
the
holders
of
any
class
or
series
33
of
shares
where
the
corporate
action
is
an
interested
34
transaction.
35
Sec.
45.
Section
522.6,
subsection
2,
if
enacted
by
36
2013
Iowa
Acts,
Senate
File
189,
section
6,
is
amended
37
to
read
as
follows:
38
2.
If
an
insurer
qualifies
for
exemption
from
the
39
requirements
of
this
chapter
pursuant
to
paragraph
“a”
40
of
subsection
1,
but
the
insurance
group
of
which
the
41
insurer
is
a
member
does
not
qualify
for
exemption
42
pursuant
to
paragraph
“b”
of
subsection
1,
then
the
43
own
risk
and
solvency
assessment
summary
report
that
44
is
required
pursuant
to
section
521H.5
522.5
shall
45
include
information
concerning
every
insurer
in
the
46
insurance
group.
This
requirement
may
be
satisfied
by
47
the
submission
of
more
than
one
summary
report
for
any
48
combination
of
insurers
in
the
insurance
group
provided
49
that
the
combination
of
reports
submitted
includes
50
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every
insurer
in
the
insurance
group.
1
Sec.
46.
Section
533.405,
subsection
4A,
paragraph
2
b,
subparagraphs
(1)
and
(2),
as
enacted
by
2013
Iowa
3
Acts,
Senate
File
183,
section
8,
are
amended
to
read
4
as
follows:
5
(1)
State
credit
unions
with
assets
in
excess
of
$5
6
five
million
dollars
as
of
the
month
ending
immediately
7
prior
to
the
date
of
the
conclusion
of
the
vote
by
the
8
membership
approving
the
dissolution
shall
publish
9
the
notice
once
a
week
for
two
successive
weeks
in
a
10
newspaper
of
general
circulation
in
each
county
in
11
which
the
state
credit
union
maintains
an
office
or
12
branch
for
the
transaction
of
business.
13
(2)
State
credit
unions
with
assets
of
$5
five
14
million
dollars
or
less
as
of
the
month
ending
15
immediately
prior
to
the
date
of
the
conclusion
of
16
the
vote
by
the
membership
approving
the
dissolution
17
shall
publish
the
notice
once
in
a
newspaper
of
general
18
circulation
in
each
county
in
which
the
state
credit
19
union
maintains
an
office
or
branch.
20
Sec.
47.
Section
543C.2,
subsection
1,
paragraph
j,
21
if
enacted
by
2013
Iowa
Acts,
House
File
556,
section
22
167,
is
amended
to
read
as
follows:
23
j.
The
subdivider,
if
a
corporation,
must
register
24
to
do
business
in
the
state
of
Iowa
as
a
foreign
25
corporation
with
the
secretary
of
state
and
furnish
a
26
copy
of
the
certificate
of
authority
to
do
business
27
in
the
state
of
Iowa.
If
not
a
corporation,
the
28
subdivider
must
comply
with
the
provisions
of
chapter
29
547
,
by
filing
a
proper
trade
name
with
the
Polk
30
county
recorder.
The
provisions
of
this
subsection
31
paragraph
shall
also
apply
to
any
person,
partnership,
32
firm,
company,
corporation,
or
association,
other
than
33
the
subdivider,
which
is
engaged
by
or
through
the
34
subdivider
for
the
purpose
of
advertising
or
selling
35
the
land
involved
in
the
filing.
36
Sec.
48.
Section
556.2,
subsection
5,
paragraph
a,
37
unnumbered
paragraph
1,
as
enacted
by
2013
Iowa
Acts,
38
House
File
417,
section
174,
is
amended
to
read
as
39
follows:
40
A
banking
organization
or
financial
organization
41
shall
send
to
the
owner
of
each
account,
to
which
none
42
of
the
actions
specified
in
subsection
2
1
,
paragraphs
43
“a”
through
“e”
or
subsection
2,
paragraphs
“a”
through
44
“e”
have
occurred
during
the
preceding
three
calendar
45
years,
a
notice
by
certified
mail
stating
in
substance
46
the
following:
47
Sec.
49.
Section
716.7,
subsection
1,
as
amended
48
by
2013
Iowa
Acts,
House
File
556,
section
234,
if
49
enacted,
is
amended
to
read
as
follows:
50
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85
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1.
For
purposes
of
this
section:
1
a.
“Property”
shall
include
any
land,
dwelling,
2
building,
conveyance,
vehicle,
or
other
temporary
or
3
permanent
structure
whether
publicly
or
privately
4
owned.
5
b.
“Public
utility”
is
a
public
utility
as
defined
6
in
section
476.1
or
an
electric
transmission
line
as
7
provided
in
chapter
478.
8
b.
c.
“Public
utility
property”
means
any
land,
9
dwelling,
building,
conveyance,
vehicle,
or
other
10
temporary
or
permanent
structure
owned,
leased,
or
11
operated
by
a
public
utility
and
that
is
completely
12
enclosed
by
a
physical
barrier
of
any
kind.
For
13
the
purposes
of
this
section,
a
“public
utility”
is
14
a
public
utility
as
defined
in
section
476.1
or
an
15
electric
transmission
line
as
provided
in
chapter
478.
16
c.
d.
“Railway
corporation”
means
a
corporation,
17
company,
or
person
owning,
leasing,
or
operating
any
18
railroad
in
whole
or
in
part
within
this
state.
19
d.
e.
“Railway
property”
means
all
tangible
real
20
and
personal
property
owned,
leased,
or
operated
21
by
a
railway
corporation
with
the
exception
of
any
22
administrative
building
or
offices
of
the
railway
23
corporation.
24
Sec.
50.
Section
724.2,
subsection
1,
paragraph
i,
25
if
enacted
by
2013
Iowa
Acts,
House
File
556,
section
26
206,
is
amended
to
read
as
follows:
27
i.
A
nonresident
who
possesses
an
offensive
weapon
28
which
is
a
curio
or
relic
firearm
under
the
federal
29
Firearms
Act,
18
U.S.C.
ch.
44,
solely
for
use
in
30
official
functions
in
this
state
of
a
historical
31
reenactment
organization
of
which
the
person
is
a
32
member,
if
the
offensive
weapon
is
legally
possessed
33
by
the
person
in
the
person’s
state
of
residence
and
34
the
offensive
weapon
is
at
all
times
while
in
this
35
state
rendered
incapable
of
firing
live
ammunition.
A
36
nonresident
who
possesses
an
offensive
weapon
under
37
this
subsection
paragraph
while
in
this
state
shall
38
not
have
in
the
person’s
possession
live
ammunition.
39
The
offensive
weapon
may,
however,
be
adapted
for
the
40
firing
of
blank
ammunition.
41
Sec.
51.
2013
Iowa
Acts,
House
File
556,
section
42
257,
subsection
3,
if
enacted,
is
amended
by
adding
the
43
following
new
subsection:
44
NEW
SUBSECTION
.
12.
The
Code
editor
is
directed
45
to
change
any
terminology
that
references
a
web
site,
46
websites,
the
internet,
and
internet
site,
or
internet
47
sites
in
any
Act
enacted
during
the
2013
regular
48
session
of
the
Eighty-fifth
General
Assembly
in
the
49
same
manner
as
that
terminology
is
changed
in
this
50
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85
md
15/
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section
of
this
Act.
1
Sec.
52.
2013
Iowa
Acts,
House
File
607,
section
2
29,
subsection
3,
if
enacted,
is
amended
to
read
as
3
follows:
4
3.
The
department
of
agriculture
and
land
5
stewardship
or
the
office
of
attorney
general
acting
6
on
behalf
of
the
agricultural
development
authority
in
7
an
administrative
or
judicial
proceeding
shall
not
be
8
affected
as
a
result
of
this
Act.
Any
statue
statute
9
of
limitation
shall
apply
to
the
parties
as
if
this
Act
10
had
not
been
enacted.
11
Sec.
53.
2013
Iowa
Acts,
House
File
607,
section
12
34,
if
enacted,
is
amended
to
read
as
follows:
13
SEC.
34.
ADMINISTRATION
OF
ONGOING
PROGRAMS.
The
14
Iowa
finance
authority
shall
complete
the
15
administration
of
ongoing
programs
of
the
agricultural
16
development
authority
as
provided
in
chapter
175,
to
17
the
extent
that
the
administration
of
those
programs
18
are
is
in
progress
on
the
effective
date
of
this
19
division
of
this
Act.
The
Iowa
finance
authority
shall
20
assume
all
rights
and
obligations
of
the
agricultural
21
development
authority
to
the
extent
that
moneys
have
22
been
committed,
obligations
incurred,
or
rights
accrued
23
prior
to
the
effective
date
of
this
division
of
this
24
Act.
Moneys
owing
due
to
the
rights
and
obligations
of
25
the
agricultural
development
authority
and
assumed
by
26
the
Iowa
finance
authority
shall
be
paid
as
directed
by
27
the
Iowa
finance
authority.
28
Sec.
54.
2013
Iowa
Acts,
House
File
607,
section
29
35,
subsection
1,
if
enacted,
is
amended
to
read
as
30
follows:
31
1.
The
assets
and
liabilities
of
the
former
32
Iowa
rural
rehabilitation
corporation
assumed
by
33
the
agricultural
development
authority
pursuant
to
34
section
175.28
shall
be
transferred
to
the
Iowa
finance
35
authority
on
the
effective
date
of
this
division
of
36
this
Act.
On
such
effective
date,
the
Iowa
finance
37
authority
shall
be
the
successor
in
interest
to
38
the
agreements
in
effect
between
the
United
States
39
government
and
the
agricultural
development
authority
40
on
behalf
of
this
state.
41
Sec.
55.
2013
Iowa
Acts,
Senate
File
427,
section
42
35,
is
amended
to
read
as
follows:
43
SEC.
35
ADMINISTRATIVE
RULES.
The
department
44
of
public
health
shall
adopt
all
initial
rules,
45
and
amendments
to
existing
rules,
necessary
for
the
46
implementation
of
this
Act.
47
Sec.
56.
REPEAL.
2013
Iowa
Acts,
House
File
417,
48
section
34,
and
2013
Iowa
Acts,
House
File
556,
section
49
27,
if
enacted,
are
repealed.
50
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SF452.2181.H
(2)
85
md
16/
60
Sec.
57.
REPEAL.
2013
Iowa
Acts,
House
File
469,
1
sections
83
and
84,
are
repealed.
2
Sec.
58.
CONTINGENT
REPEAL.
If
2013
Iowa
Acts,
3
House
File
575,
section
12,
is
enacted,
2013
Iowa
Acts,
4
House
File
417,
section
93,
is
repealed.
5
DIVISION
IV
6
EMINENT
DOMAIN
7
Sec.
59.
NEW
SECTION
.
6A.15
Property
on
state
8
historic
registry.
9
1.
Property
listed
on
the
state
register
of
10
historic
places
maintained
by
the
historical
division
11
of
the
department
of
cultural
affairs
shall
not
be
12
removed
from
the
register
solely
for
the
purpose
of
13
allowing
acquisition
of
the
property
by
condemnation,
14
unless
such
condemnation
is
undertaken
by
the
15
department
of
transportation.
16
2.
Property
listed
on
the
state
register
of
17
historic
places
maintained
by
the
historical
division
18
of
the
department
of
cultural
affairs
shall
not
be
19
condemned
by
the
state
or
a
political
subdivision
20
unless
a
joint
resolution
authorizing
commencement
of
21
the
condemnation
proceedings
is
approved
by
a
vote
of
22
at
least
two-thirds
of
the
members
of
both
chambers
23
of
the
general
assembly
and
signed
by
the
governor.
24
The
approval
requirements
of
this
subsection
shall
not
25
apply
to
condemnation
undertaken
by
the
department
of
26
transportation.
27
Sec.
60.
Section
6A.19,
Code
2013,
is
amended
to
28
read
as
follows:
29
6A.19
Interpretative
clause.
30
A
grant
in
this
chapter
of
right
to
take
private
31
property
for
a
public
use
shall
not
be
construed
as
32
limiting
a
like
grant
elsewhere
in
the
Code
for
another
33
and
different
use.
Unless
specifically
provided
by
34
law,
this
chapter
shall
not
be
construed
to
limit
or
35
otherwise
affect
the
application
of
chapters
478
and
36
479
to
the
eminent
domain
authority
of
the
utilities
37
division
of
the
department
of
commerce.
38
Sec.
61.
Section
6A.22,
subsection
2,
paragraph
39
c,
subparagraph
(1),
Code
2013,
is
amended
to
read
as
40
follows:
41
(1)
(a)
If
private
property
is
to
be
condemned
for
42
development
or
creation
of
a
lake,
only
that
number
43
of
acres
justified
as
reasonable
and
necessary
for
44
a
surface
drinking
water
source,
and
not
otherwise
45
acquired,
may
be
condemned.
In
addition,
the
acquiring
46
agency
shall
conduct
a
review
of
prudent
and
feasible
47
alternatives
to
provision
of
a
drinking
water
source
48
prior
to
making
a
determination
that
such
lake
49
development
or
creation
is
reasonable
and
necessary.
50
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SF452.2181.H
(2)
85
md
17/
60
Development
or
creation
of
a
lake
as
a
surface
drinking
1
water
source
includes
all
of
the
following:
2
(i)
Construction
of
the
dam,
including
sites
for
3
suitable
borrow
material
and
the
auxiliary
spillway.
4
(ii)
The
water
supply
pool.
5
(iii)
The
sediment
pool.
6
(iv)
The
flood
control
pool.
7
(v)
The
floodwater
retarding
pool.
8
(vi)
The
surrounding
area
upstream
of
the
dam
9
no
higher
in
elevation
than
the
top
of
the
dam’s
10
elevation.
11
(vii)
The
appropriate
setback
distance
required
12
by
state
or
federal
laws
and
regulations
to
protect
13
drinking
water
supply.
14
(b)
For
purposes
of
this
subparagraph
(1),
“number
15
of
acres
justified
as
reasonable
and
necessary
for
16
a
surface
drinking
water
source”
means
according
to
17
guidelines
of
the
United
States
natural
resource
18
conservation
service
and
according
to
analyses
of
19
surface
drinking
water
capacity
needs
conducted
20
by
one
or
more
registered
professional
engineers.
21
The
registered
professional
engineers
may,
if
22
appropriate,
employ
standards
or
guidelines
other
23
than
the
guidelines
of
the
United
States
natural
24
resource
conservation
service
when
determining
the
25
number
of
acres
justified
as
reasonable
and
necessary
26
for
a
surface
drinking
water
source.
The
data
and
27
information
used
by
the
registered
professional
28
engineers
shall
include
data
and
information
relating
29
to
population
and
commercial
enterprise
activity
for
30
the
area
from
the
two
most
recent
federal
decennial
31
censuses
unless
the
district
court
of
the
county
in
32
which
the
property
is
situated
has
determined
by
a
33
preponderance
of
the
evidence
that
such
data
would
34
not
accurately
predict
the
population
and
commercial
35
enterprise
activity
of
the
area
in
the
future.
36
(c)
A
second
review
or
analysis
of
the
drinking
37
water
capacity
needs
shall
be
performed
upon
receipt
38
by
the
acquiring
agency
of
a
petition
signed
by
not
39
less
than
twenty-five
percent
of
the
affected
property
40
owners.
The
registered
professional
engineer
to
41
perform
the
second
review
or
analysis
shall
be
selected
42
by
a
committee
appointed
by
the
affected
property
43
owners
and
whose
membership
is
comprised
of
at
least
44
fifty
percent
property
owners
affected
by
the
proposed
45
condemnation
action.
The
acquiring
agency
shall
be
46
responsible
for
paying
the
fees
and
expenses
of
such
47
an
engineer.
48
(d)
If
private
property
is
to
be
condemned
for
49
development
or
creation
of
a
lake,
the
plans,
analyses,
50
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SF452.2181.H
(2)
85
md
18/
60
applications,
including
any
application
for
funding,
1
and
other
planning
activities
of
the
acquiring
agency
2
shall
not
include
or
provide
for
the
use
of
the
lake
3
for
recreational
purposes.
4
Sec.
62.
Section
6B.54,
subsection
10,
paragraph
5
a,
Code
2013,
is
amended
by
adding
the
following
new
6
subparagraph:
7
NEW
SUBPARAGRAPH
.
(3)
Reasonable
attorney
fees
and
8
reasonable
costs
not
to
exceed
one
hundred
thousand
9
dollars,
attributable
to
a
determination
that
the
10
creation
of
a
lake
through
condemnation
includes
a
11
future
recreational
use
or
that
a
violation
of
section
12
6A.22,
subsection
2,
paragraph
“c”
,
subparagraph
(1),
13
subparagraph
division
(d),
has
occurred,
if
such
fees
14
and
costs
are
not
otherwise
provided
under
section
15
6B.33.
16
Sec.
63.
NEW
SECTION
.
6B.56B
Disposition
of
17
condemned
property
——
two-year
time
period.
18
1.
When
two
years
have
elapsed
since
property
19
was
condemned
for
the
creation
of
a
lake
according
20
to
the
requirements
of
section
6A.22,
subsection
2,
21
paragraph
“c”
,
subparagraph
(1),
and
the
property
has
22
not
been
used
for
or
construction
has
not
progressed
23
substantially
from
the
date
the
property
was
condemned
24
for
the
purpose
stated
in
the
application
filed
25
pursuant
to
section
6B.3,
and
the
acquiring
agency
has
26
not
taken
action
to
dispose
of
the
property
pursuant
27
to
section
6B.56,
the
acquiring
agency
shall,
within
28
sixty
days,
adopt
a
resolution
offering
the
property
29
for
sale
to
the
prior
owner
at
a
price
as
provided
in
30
section
6B.56.
If
the
resolution
adopted
approves
an
31
offer
of
sale
to
the
prior
owner,
the
offer
shall
be
32
made
in
writing
and
mailed
by
certified
mail
to
the
33
prior
owner.
The
prior
owner
has
one
hundred
eighty
34
days
after
the
offer
is
mailed
to
purchase
the
property
35
from
the
acquiring
agency.
36
2.
If
the
acquiring
agency
has
not
adopted
a
37
resolution
described
in
subsection
1
within
the
38
sixty-day
time
period,
the
prior
owner
may,
in
writing,
39
petition
the
acquiring
agency
to
offer
the
property
40
for
sale
to
the
prior
owner
at
a
price
as
provided
in
41
section
6B.56.
Within
sixty
days
after
receipt
of
42
such
a
petition,
the
acquiring
agency
shall
adopt
a
43
resolution
described
in
subsection
1.
If
the
acquiring
44
agency
does
not
adopt
such
a
resolution
within
sixty
45
days
after
receipt
of
the
petition,
the
acquiring
46
agency
is
deemed
to
have
offered
the
property
for
sale
47
to
the
prior
owner.
48
3.
The
acquiring
agency
shall
give
written
notice
49
to
the
owner
of
the
right
to
purchase
the
property
50
-19-
SF452.2181.H
(2)
85
md
19/
60
under
this
section
at
the
time
damages
are
paid
to
the
1
owner.
2
Sec.
64.
Section
403.7,
subsection
1,
unnumbered
3
paragraph
1,
Code
2013,
is
amended
to
read
as
follows:
4
A
municipality
shall
have
the
right
to
acquire
by
5
condemnation
any
interest
in
real
property,
including
a
6
fee
simple
title
thereto,
which
it
may
deem
necessary
7
for
or
in
connection
with
an
urban
renewal
project
8
under
this
chapter
,
subject
to
the
limitations
on
9
eminent
domain
authority
in
chapter
chapters
6A
and
6B
.
10
However,
a
municipality
shall
not
condemn
agricultural
11
land
included
within
an
economic
development
area
12
for
any
use
unless
the
owner
of
the
agricultural
land
13
consents
to
condemnation
or
unless
the
municipality
14
determines
that
the
land
is
necessary
or
useful
for
any
15
of
the
following:
16
Sec.
65.
NEW
SECTION
.
423B.11
Use
of
revenues
——
17
limitation.
18
The
revenue
raised
by
a
local
sales
and
services
19
tax
imposed
under
this
chapter
by
a
county
shall
not
20
be
expended
for
any
purpose
related
to
a
project
that
21
includes
the
condemnation
of
private
property
for
22
the
creation
of
a
lake
according
to
the
requirements
23
of
section
6A.22,
subsection
2,
paragraph
“c”
,
24
subparagraph
(1),
if
the
local
sales
and
services
tax
25
has
not
been
approved
at
election
in
the
area
where
the
26
property
to
be
condemned
is
located.
27
Sec.
66.
Section
455A.5,
Code
2013,
is
amended
by
28
adding
the
following
new
subsection:
29
NEW
SUBSECTION
.
7.
The
authority
granted
to
the
30
commission
to
acquire
real
property
for
purposes
31
of
carrying
out
a
duty
related
to
development
or
32
maintenance
of
the
recreation
resources
of
the
state,
33
including
planning,
acquisition,
and
development
of
34
recreational
projects,
and
areas
and
facilities
related
35
to
such
projects,
shall
not
include
the
authority
to
36
acquire
real
property
by
eminent
domain.
37
Sec.
67.
Section
456A.24,
subsection
2,
unnumbered
38
paragraph
1,
Code
2013,
is
amended
to
read
as
follows:
39
Acquire
by
purchase,
condemnation,
lease,
agreement,
40
gift,
and
devise
lands
or
waters
suitable
for
the
41
purposes
hereinafter
enumerated,
and
rights-of-way
42
thereto,
and
to
maintain
the
same
for
the
following
43
purposes
,
to
wit
:
44
Sec.
68.
Section
456A.24,
Code
2013,
is
amended
by
45
adding
the
following
new
subsection:
46
NEW
SUBSECTION
.
15.
The
authority
granted
the
47
department
to
acquire
real
property
for
any
statutory
48
purpose
relating
to
the
development
or
maintenance
49
of
the
recreation
resources
of
the
state,
including
50
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SF452.2181.H
(2)
85
md
20/
60
planning,
acquisition,
and
development
of
recreational
1
projects,
and
areas
and
facilities
related
to
such
2
projects,
shall
not
include
the
authority
to
acquire
3
real
property
by
eminent
domain.
4
Sec.
69.
Section
461A.7,
Code
2013,
is
amended
to
5
read
as
follows:
6
461A.7
Eminent
domain
Purchase
of
lands
——
public
7
parks
.
8
The
commission
may
purchase
or
condemn
lands
from
9
willing
sellers
for
public
parks.
No
A
contract
for
10
the
purchase
of
such
public
parks
shall
not
be
made
to
11
an
amount
in
excess
of
funds
appropriated
therefor
by
12
the
general
assembly.
13
Sec.
70.
Section
461A.10,
Code
2013,
is
amended
to
14
read
as
follows:
15
461A.10
Title
to
lands.
16
The
title
to
all
lands
purchased,
condemned,
or
17
donated
,
hereunder,
for
park
or
highway
purposes
and
18
the
title
to
all
lands
purchased,
condemned,
or
donated
19
hereunder
for
highway
purposes
,
shall
be
taken
in
the
20
name
of
the
state
and
if
thereafter
it
shall
be
deemed
21
advisable
to
sell
any
portion
of
the
land
so
purchased
22
or
condemned,
the
proceeds
of
such
sale
shall
be
placed
23
to
the
credit
of
the
said
public
state
parks
fund
to
be
24
used
for
such
park
purposes.
25
Sec.
71.
Section
463C.8,
subsection
1,
paragraph
k,
26
Code
2013,
is
amended
to
read
as
follows:
27
k.
The
power
to
acquire,
own,
hold,
administer,
28
and
dispose
of
property
,
except
that
such
power
is
not
29
a
grant
of
authority
to
acquire
property
by
eminent
30
domain
.
31
Sec.
72.
REPEAL.
Sections
461A.9
and
461A.75,
Code
32
2013,
are
repealed.
33
Sec.
73.
SEVERABILITY.
If
any
provision
of
this
34
Act
is
held
invalid,
the
invalidity
shall
not
affect
35
other
provisions
or
applications
of
this
Act
which
can
36
be
given
effect
without
the
invalid
provision,
and
to
37
this
end
the
provisions
of
this
Act
are
severable
as
38
provided
in
section
4.12.
39
Sec.
74.
EFFECTIVE
UPON
ENACTMENT.
This
division
40
of
this
Act,
being
deemed
of
immediate
importance,
41
takes
effect
upon
enactment.
42
Sec.
75.
APPLICABILITY.
Except
as
otherwise
43
provided
in
this
division
of
this
Act,
this
division
44
of
this
Act
applies
to
projects
or
condemnation
45
proceedings
pending
or
commenced
on
or
after
the
46
effective
date
of
this
Act.
47
Sec.
76.
RETROACTIVE
APPLICABILITY.
48
Notwithstanding
any
provision
of
law
to
the
contrary,
49
the
following
provision
or
provisions
of
this
division
50
-21-
SF452.2181.H
(2)
85
md
21/
60
of
this
Act
apply
retroactively
to
projects
or
1
condemnation
proceedings
pending
or
commenced
on
or
2
after
February
15,
2013:
3
1.
The
section
amending
section
6A.22.
4
2.
The
section
enacting
section
6B.56B.
5
DIVISION
V
6
APPORTIONMENT
OF
TRANSPORTATION
FUNDS
——
APPROPRIATION
7
Sec.
77.
Section
312.3,
subsection
2,
Code
2013,
is
8
amended
by
adding
the
following
new
paragraph:
9
NEW
PARAGRAPH
.
d.
For
purposes
of
apportioning
10
among
the
cities
of
the
state
the
percentage
of
11
the
road
use
tax
fund
to
be
credited
to
the
street
12
construction
fund
of
the
cities
for
each
month
13
beginning
March
2011
and
ending
March
2021
pursuant
to
14
this
subsection,
the
population
of
each
city
shall
be
15
determined
by
the
greater
of
the
population
of
the
city
16
as
of
the
last
preceding
certified
federal
census
or
17
as
of
the
April
1,
2010,
population
estimates
base
as
18
determined
by
the
United
States
census
bureau.
19
Sec.
78.
STREET
CONSTRUCTION
FUND
——
APPROPRIATION.
20
1.
In
a
written
application
to
the
treasurer
of
21
state
submitted
by
October
1,
2013,
a
city
may
request
22
an
additional
distribution
of
moneys
to
be
credited
23
to
the
street
construction
fund
of
the
city
equal
to
24
that
additional
amount,
calculated
by
the
treasurer,
25
that
the
city
would
have
received
if
the
funds
were
26
apportioned
based
upon
the
population
of
the
city
as
27
determined
by
section
312.3,
subsection
2,
paragraph
28
“d”,
as
enacted
in
this
division
of
this
Act,
for
the
29
months
prior
to
the
effective
date
of
this
division
of
30
this
Act.
31
2.
Upon
determination
by
the
treasurer
of
state
32
that
an
additional
amount
should
be
credited
to
a
city
33
as
provided
by
this
section,
there
is
appropriated
from
34
the
general
fund
of
the
state
to
the
department
of
35
transportation,
for
the
fiscal
year
beginning
July
1,
36
2013,
and
ending
June
30,
2014,
an
amount
sufficient
to
37
pay
the
additional
amount
which
shall
be
distributed
to
38
the
city
for
deposit
in
the
street
construction
fund
39
of
the
city.
40
Sec.
79.
EFFECTIVE
UPON
ENACTMENT.
This
division
41
of
this
Act,
being
deemed
of
immediate
importance,
42
takes
effect
upon
enactment.
43
Sec.
80.
RETROACTIVE
APPLICABILITY.
This
division
44
of
this
Act
applies
retroactively
to
April
2011.
45
DIVISION
VI
46
INSURANCE
PRODUCERS
47
Sec.
81.
Section
522B.1,
Code
2013,
is
amended
by
48
adding
the
following
new
subsections:
49
NEW
SUBSECTION
.
7A.
“Intended
beneficiary”
means
50
-22-
SF452.2181.H
(2)
85
md
22/
60
a
person
who
is
not
listed
as
a
beneficiary
of
an
1
insurance
policy
or
contract
in
the
records
of
the
2
insurer.
3
NEW
SUBSECTION
.
12A.
“Policy
owner”
means
the
4
person
who
is
identified
as
the
legal
owner
of
an
5
insurance
policy
or
contract
under
the
terms
of
the
6
insurance
policy
or
contract,
or
who
is
otherwise
7
vested
with
legal
title
to
the
insurance
policy
or
8
contract
through
a
valid
assignment
completed
in
9
accordance
with
the
terms
of
the
insurance
policy
or
10
contract
and
is
properly
recorded
as
the
legal
owner
of
11
the
policy
or
contract
in
the
records
of
the
insurer.
12
“Policy
owner”
does
not
include
a
person
who
has
a
mere
13
beneficial
interest
in
an
insurance
policy
or
contract.
14
Sec.
82.
Section
522B.11,
subsection
7,
Code
2013,
15
is
amended
by
striking
the
subsection
and
inserting
in
16
lieu
thereof
the
following:
17
7.
a.
Unless
otherwise
specified
in
this
chapter,
18
the
duties
and
responsibilities
of
an
insurance
19
producer
are
limited
to
using
reasonable
care,
20
diligence,
and
judgment
in
procuring
the
insurance
21
requested
of
the
insurance
producer
by
the
policy
22
owner.
23
b.
An
insurance
producer
has
no
duty
to
change
the
24
beneficiary
of
an
insurance
policy
or
contract
unless
25
clear
written
evidence
of
the
policy
owner’s
intent
26
to
name
an
intended
beneficiary
as
a
beneficiary
of
27
the
policy
or
contract
is
presented
to
the
insurance
28
producer
or
insurer
in
the
manner
required
by
the
29
policy
or
contract,
prior
to
the
payment
of
any
30
insurance
benefits
under
the
policy
or
contract.
Such
31
evidence
shall
be
provided
in
the
same
manner
as
a
32
claim
for
benefits
under
the
policy
or
contract.
33
c.
An
insurance
producer
is
not
in
the
business
34
of
supplying
information
to
others
and
has
no
duty
35
to
provide
advice
or
information
unless
the
insurance
36
producer
holds
oneself
out
as
an
insurance
specialist,
37
consultant,
or
counselor
and
receives
compensation
for
38
consultation
and
advice
apart
from
commissions
paid
by
39
an
insurer.
40
d.
An
insurance
producer
may
agree
to
accept
41
additional
duties
and
responsibilities
not
specified
in
42
this
chapter.
Any
agreement
by
an
insurance
producer
43
to
accept
such
additional
duties
and
responsibilities
44
shall
be
in
writing
and
signed
by
the
insurance
45
producer
and
the
policy
owner.
46
e.
The
general
assembly
declares
that
the
holdings
47
of
Langwith
v.
Am.
Nat’l
Gen.
Ins.
Co.,
793
N.W.2d
48
215
(Iowa
2010)
and
Pitts
v.
Farm
Bureau
Life
Ins.
49
Co.,
818
N.W.2d
91
(Iowa
2012)
are
abrogated
to
the
50
-23-
SF452.2181.H
(2)
85
md
23/
60
extent
that
they
impose
higher
or
greater
duties
and
1
responsibilities
on
insurance
producers
than
those
set
2
forth
in
this
subsection.
3
DIVISION
VII
4
PROTEST
AND
APPEAL
OF
PROPERTY
ASSESSMENTS
5
Sec.
83.
Section
421.1A,
subsection
6,
Code
2013,
6
is
amended
to
read
as
follows:
7
6.
The
members
of
the
property
assessment
appeal
8
board
shall
receive
compensation
from
the
state
9
commensurate
with
the
salary
of
a
district
judge
10
through
December
31,
2013
.
The
members
of
the
board
11
shall
be
considered
state
employees
for
purposes
of
12
salary
and
benefits.
The
members
of
the
board
and
13
any
employees
of
the
board,
when
required
to
travel
14
in
the
discharge
of
official
duties,
shall
be
paid
15
their
actual
and
necessary
expenses
incurred
in
the
16
performance
of
duties.
17
Sec.
84.
Section
421.1A,
subsection
7,
Code
2013,
18
is
amended
by
striking
the
subsection.
19
Sec.
85.
Section
441.21,
subsection
3,
Code
2013,
20
is
amended
to
read
as
follows:
21
3.
a.
“Actual
value”
,
“taxable
value”
,
or
“assessed
22
value”
as
used
in
other
sections
of
the
Code
in
23
relation
to
assessment
of
property
for
taxation
shall
24
mean
the
valuations
as
determined
by
this
section
;
25
however,
other
provisions
of
the
Code
providing
special
26
methods
or
formulas
for
assessing
or
valuing
specified
27
property
shall
remain
in
effect,
but
this
section
28
shall
be
applicable
to
the
extent
consistent
with
such
29
provisions.
The
assessor
and
department
of
revenue
30
shall
disclose
at
the
written
request
of
the
taxpayer
31
all
information
in
any
formula
or
method
used
to
32
determine
the
actual
value
of
the
taxpayer’s
property.
33
b.
The
burden
of
proof
shall
be
upon
any
34
complainant
attacking
such
valuation
as
excessive,
35
inadequate,
inequitable,
or
capricious;
however,
in
36
protest
or
appeal
proceedings
when
the
complainant
37
offers
competent
evidence
by
at
least
two
disinterested
38
witnesses
that
the
market
value
of
the
property
is
less
39
than
the
market
value
determined
by
the
assessor,
the
40
burden
of
proof
thereafter
shall
be
upon
the
officials
41
or
persons
seeking
to
uphold
such
valuation
to
be
42
assessed.
43
Sec.
86.
Section
441.35,
subsection
2,
Code
2013,
44
is
amended
to
read
as
follows:
45
2.
In
any
year
after
the
year
in
which
an
46
assessment
has
been
made
of
all
of
the
real
estate
47
in
any
taxing
district,
the
board
of
review
shall
48
meet
as
provided
in
section
441.33
,
and
where
the
49
board
finds
the
same
has
changed
in
value,
the
board
50
-24-
SF452.2181.H
(2)
85
md
24/
60
shall
revalue
and
reassess
any
part
or
all
of
the
1
real
estate
contained
in
such
taxing
district,
and
2
in
such
case,
the
board
shall
determine
the
actual
3
value
as
of
January
1
of
the
year
of
the
revaluation
4
and
reassessment
and
compute
the
taxable
value
5
thereof.
Any
aggrieved
taxpayer
may
petition
for
6
a
revaluation
of
the
taxpayer’s
property,
but
no
7
reduction
or
increase
shall
be
made
for
prior
years.
8
If
the
assessment
of
any
such
property
is
raised,
or
9
any
property
is
added
to
the
tax
list
by
the
board,
10
the
clerk
shall
give
notice
in
the
manner
provided
in
11
section
441.36
.
However,
if
the
assessment
of
all
12
property
in
any
taxing
district
is
raised,
the
board
13
may
instruct
the
clerk
to
give
immediate
notice
by
one
14
publication
in
one
of
the
official
newspapers
located
15
in
the
taxing
district,
and
such
published
notice
16
shall
take
the
place
of
the
mailed
notice
provided
for
17
in
section
441.36
,
but
all
other
provisions
of
that
18
section
shall
apply.
The
decision
of
the
board
as
to
19
the
foregoing
matters
shall
be
subject
to
appeal
to
the
20
property
assessment
appeal
board
within
the
same
time
21
and
in
the
same
manner
as
provided
in
section
441.37A
22
and
to
the
district
court
within
the
same
time
and
in
23
the
same
manner
as
provided
in
section
441.38
.
24
Sec.
87.
Section
441.37,
subsection
1,
paragraphs
a
25
and
b,
Code
2013,
are
amended
to
read
as
follows:
26
a.
Any
property
owner
or
aggrieved
taxpayer
who
is
27
dissatisfied
with
the
owner’s
or
taxpayer’s
assessment
28
may
file
a
protest
against
such
assessment
with
the
29
board
of
review
on
or
after
April
16,
to
and
including
30
May
5,
of
the
year
of
the
assessment.
In
any
county
31
which
has
been
declared
to
be
a
disaster
area
by
proper
32
federal
authorities
after
March
1
and
prior
to
May
20
33
of
said
year
of
assessment,
the
board
of
review
shall
34
be
authorized
to
remain
in
session
until
June
15
and
35
the
time
for
filing
a
protest
shall
be
extended
to
and
36
include
the
period
from
May
25
to
June
5
of
such
year.
37
Said
The
protest
shall
be
in
writing
and
signed
by
the
38
one
protesting
or
by
the
protester’s
duly
authorized
39
agent.
The
taxpayer
may
have
an
oral
hearing
thereon
40
on
the
protest
if
request
therefor
for
the
oral
hearing
41
is
made
in
writing
is
made
at
the
time
of
filing
the
42
protest.
Said
The
protest
must
be
confined
to
one
or
43
more
of
the
following
grounds:
44
(1)
For
odd-numbered
assessment
years
and
for
45
even-numbered
assessment
years
for
property
that
was
46
reassessed
in
such
even-numbered
assessment
year:
47
(a)
That
said
assessment
is
not
equitable
as
48
compared
with
assessments
of
other
like
property
in
49
the
taxing
district
assessing
jurisdiction
.
When
this
50
-25-
SF452.2181.H
(2)
85
md
25/
60
ground
is
relied
upon
as
the
basis
of
a
protest
the
1
legal
description
and
assessments
of
a
representative
2
number
of
comparable
properties,
as
described
by
the
3
aggrieved
taxpayer
shall
be
listed
on
the
protest,
4
otherwise
said
protest
shall
not
be
considered
on
this
5
ground
consideration
shall
be
given
to
whether
the
6
other
like
property
in
the
assessing
jurisdiction
was
7
appraised
using
a
different
appraisal
methodology
than
8
the
methodology
used
to
appraise
the
property
that
is
9
the
subject
of
the
protest
.
10
(2)
(b)
That
the
property
is
assessed
for
more
11
than
the
value
authorized
by
law
,
stating
.
When
12
this
ground
is
relied
upon,
the
specific
amount
which
13
the
protesting
party
believes
the
property
to
be
14
overassessed,
and
the
amount
which
the
party
considers
15
to
be
its
actual
value
and
the
amount
the
party
16
considers
a
fair
assessment
shall
be
stated
.
17
(3)
(c)
That
the
property
is
not
assessable,
is
18
exempt
from
taxes,
or
is
misclassified
and
stating
the
19
reasons
for
the
protest.
20
(4)
(d)
That
there
is
an
error
in
the
assessment
21
and
state
the
specific
alleged
error.
When
this
ground
22
is
relied
upon,
it
may
include
but
is
not
limited
to
23
listing
errors,
clerical
or
mathematical
errors,
or
24
other
errors
that
result
in
an
error
in
the
assessment.
25
(5)
(e)
That
there
is
fraud
in
the
assessment
26
which
shall
be
specifically
stated.
27
(2)
For
even-numbered
assessment
years,
when
the
28
property
has
not
been
reassessed
in
such
even-numbered
29
assessment
year,
that
there
has
been
a
decrease
in
the
30
value
of
the
property
from
the
previous
reassessment
31
year.
When
this
ground
is
relied
upon,
the
decrease
in
32
value
shall
be
shown
by
comparing
the
market
value
of
33
the
property
as
of
January
1
of
the
current
assessment
34
year
and
the
actual
value
of
the
property
for
the
35
previous
reassessment
year.
Such
protest
shall
be
36
in
the
same
manner
as
described
in
this
section
and
37
shall
be
reviewed
by
the
local
board
of
review
pursuant
38
to
section
441.35,
subsection
2,
but
no
reduction
or
39
increase
shall
be
made
for
prior
years.
40
b.
In
addition
to
the
above,
the
property
owner
41
may
protest
annually
to
the
board
of
review
under
42
the
provisions
of
section
441.35
,
but
such
protest
43
shall
be
in
the
same
manner
and
upon
the
same
terms
as
44
heretofore
prescribed
in
this
section
.
The
burden
of
45
proof
for
all
protests
filed
under
this
section
shall
46
be
as
stated
in
section
441.21,
subsection
3,
paragraph
47
“b”
.
48
Sec.
88.
Section
441.37A,
subsection
1,
paragraph
49
b,
Code
2013,
is
amended
to
read
as
follows:
50
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85
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60
b.
For
an
appeal
to
the
property
assessment
appeal
1
board
to
be
valid,
written
notice
must
be
filed
by
2
the
party
appealing
the
decision
with
the
secretary
3
of
the
property
assessment
appeal
board
within
twenty
4
days
after
the
date
the
board
of
review’s
letter
of
5
disposition
of
the
appeal
is
postmarked
to
the
party
6
making
the
protest
adjournment
of
the
local
board
of
7
review
or
May
31,
whichever
is
later
.
The
written
8
notice
of
appeal
shall
include
a
petition
setting
forth
9
the
basis
of
the
appeal
and
the
relief
sought.
No
new
10
grounds
in
addition
to
those
set
out
in
the
protest
11
to
the
local
board
of
review
as
provided
in
section
12
441.37
can
be
pleaded,
but
additional
evidence
to
13
sustain
those
grounds
may
be
introduced.
The
assessor
14
shall
have
the
same
right
to
appeal
to
the
assessment
15
appeal
board
as
an
individual
taxpayer,
public
body,
or
16
other
public
officer
as
provided
in
section
441.42
.
An
17
appeal
to
the
board
is
a
contested
case
under
chapter
18
17A
.
19
Sec.
89.
Section
441.37A,
subsection
2,
paragraph
20
a,
Code
2013,
is
amended
to
read
as
follows:
21
a.
A
party
to
the
appeal
may
request
a
hearing
or
22
the
appeal
may
proceed
without
a
hearing.
If
a
hearing
23
is
requested,
the
appellant
and
the
local
board
of
24
review
from
which
the
appeal
is
taken
shall
be
given
25
at
least
thirty
days’
written
notice
by
the
property
26
assessment
appeal
board
of
the
date
the
appeal
shall
be
27
heard
and
the
local
board
of
review
may
be
present
and
28
participate
at
such
hearing.
Notice
to
all
affected
29
taxing
districts
shall
be
deemed
to
have
been
given
30
when
written
notice
is
provided
to
the
local
board
of
31
review.
The
requirement
of
thirty
days’
written
notice
32
may
be
waived
by
mutual
agreement
of
all
parties
to
33
the
appeal.
Failure
by
the
appellant
to
appear
at
34
the
property
assessment
appeal
board
hearing
shall
be
35
grounds
for
result
in
dismissal
of
the
appeal
unless
a
36
continuance
is
granted
to
the
appellant
by
the
board
37
following
a
showing
of
good
cause
for
the
appellant’s
38
failure
to
appear
.
If
an
appeal
is
dismissed
for
39
failure
to
appear,
the
property
assessment
appeal
board
40
shall
have
no
jurisdiction
to
consider
any
subsequent
41
appeal
on
the
appellant’s
protest.
42
Sec.
90.
Section
441.37A,
subsection
3,
paragraph
43
a,
Code
2013,
is
amended
to
read
as
follows:
44
a.
The
board
member
considering
the
appeal
shall
45
determine
anew
all
questions
arising
before
the
local
46
board
of
review
which
relate
to
the
liability
of
47
the
property
to
assessment
or
the
amount
thereof.
48
All
of
the
evidence
shall
be
considered
and
there
49
shall
be
no
presumption
as
to
the
correctness
of
the
50
-27-
SF452.2181.H
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85
md
27/
60
valuation
of
assessment
appealed
from.
The
burden
1
of
proof
for
all
appeals
before
the
board
shall
be
2
as
stated
in
section
441.21,
subsection
3,
paragraph
3
“b”
.
The
property
assessment
appeal
board
shall
make
a
4
decision
in
each
appeal
filed
with
the
board.
If
the
5
appeal
is
considered
by
less
than
a
majority
of
the
6
board,
the
determination
made
by
that
member
shall
be
7
forwarded
to
the
full
board
for
approval,
rejection,
or
8
modification.
If
the
initial
determination
is
rejected
9
by
the
board,
it
shall
be
returned
for
reconsideration
10
to
the
board
member
making
the
initial
determination.
11
Any
deliberation
of
the
board
regarding
an
initial
12
determination
shall
be
confidential.
13
Sec.
91.
REPEAL.
2005
Iowa
Acts,
chapter
150,
14
section
134,
is
repealed.
15
Sec.
92.
EFFECTIVE
UPON
ENACTMENT.
This
division
16
of
this
Act,
being
deemed
of
immediate
importance,
17
takes
effect
upon
enactment.
18
Sec.
93.
APPLICABILITY.
The
following
provisions
19
of
this
division
of
this
Act
apply
to
assessment
years
20
beginning
on
or
after
January
1,
2014:
21
1.
The
section
amending
section
441.37.
22
2.
The
section
amending
section
441.35.
23
DIVISION
VIII
24
GENERAL
AND
SPECIAL
EDUCATION
25
Sec.
94.
GENERAL
AND
SPECIAL
EDUCATION
26
INSTRUCTIONAL
PROGRAMS
——
PRIVATE
AGENCY
RESIDENTIAL
27
SERVICES.
28
1.
For
purposes
of
this
section,
“private
agency”
29
means
a
residential
facility
licensed
under
chapter
30
135H
or
237.
“Private
agency”
does
not
include
an
31
institution
listed
in
section
218.1.
32
2.
If
a
private
agency
contracted
with
a
school
33
district
on
or
before
July
1,
2010,
to
provide
general
34
education
or
special
education
instructional
programs,
35
for
the
school
years
beginning
July
1,
2012,
and
36
July
1,
2013,
the
private
agency
may
bill
the
school
37
district
for
the
subsequent
costs
of
such
programs,
in
38
accordance
with
billing
practices
in
place
on
July
1,
39
2010.
Such
school
district
may
in
turn
bill
a
child’s
40
school
district
of
residence
for
such
costs.
Such
41
costs
include,
if
necessary
to
meet
the
special
needs
42
of
children
requiring
general
education
or
special
43
education,
the
costs
of
general
administration,
health
44
service,
attendance
officers,
plant
operation,
and
45
plant
maintenance,
instructional
costs,
and
the
costs
46
of
purchase
of
equipment,
transportation,
and
property,
47
casualty,
and
liability
insurance.
Such
costs
do
not
48
include
the
costs
of
services
otherwise
funded
pursuant
49
to
chapter
135H
or
237.
50
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SF452.2181.H
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85
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28/
60
3.
An
auditor
conducting
an
annual
audit
of
1
a
school
district
pursuant
to
section
11.6
shall
2
review
and
verify
the
information
contained
in
any
3
cost
reports
submitted
to
the
school
district
by
a
4
private
agency
contracting
with
the
school
district
as
5
described
in
this
section.
6
Sec.
95.
GENERAL
AND
SPECIAL
EDUCATION
COSTS
——
7
LEGISLATIVE
STUDY.
8
1.
For
purposes
of
this
section,
“private
agency”
9
means
a
residential
facility
licensed
under
chapter
10
135H
or
237.
“Private
agency”
does
not
include
an
11
institution
listed
in
section
218.1.
12
2.
The
legislative
council
is
requested
to
13
establish
an
interim
study
committee
during
the
2013
14
interim
to
examine
the
payment
of
general
education
15
and
special
education
costs
associated
with
student
16
services
provided
by
private
agencies
and
whether
17
the
planning
for
and
costs
of
such
services
would
be
18
more
appropriately
administered
by
the
department
of
19
education
or
the
department
of
human
services.
The
20
study
committee
shall
consist
of
legislator
members
of
21
both
political
parties
from
both
houses
of
the
general
22
assembly
and
representatives
of
the
office
of
the
23
governor,
the
department
of
education,
the
department
24
of
human
services,
and
private
agencies.
25
Sec.
96.
EFFECTIVE
UPON
ENACTMENT.
The
section
26
of
this
division
of
this
Act
relating
to
general
and
27
special
education
instructional
programs
and
private
28
agency
residential
services,
being
deemed
of
immediate
29
importance,
takes
effect
upon
enactment.
30
DIVISION
IX
31
ALL-TERRAIN
VEHICLES
32
Sec.
97.
Section
321.1,
subsection
32,
Code
2013,
33
is
amended
to
read
as
follows:
34
32.
“Implement
of
husbandry”
means
a
vehicle
or
35
special
mobile
equipment
manufactured,
designed,
or
36
reconstructed
for
agricultural
purposes
and,
except
37
for
incidental
uses,
exclusively
used
in
the
conduct
38
of
agricultural
operations.
“Implements
of
husbandry”
39
includes
all-terrain
vehicles
operated
in
compliance
40
with
section
321.234A,
subsection
1
,
paragraph
“a”
,
but
41
not
registered
for
operation
upon
a
highway
pursuant
42
to
section
321.118,
fence-line
feeders,
and
vehicles
43
used
exclusively
for
the
application
of
organic
or
44
inorganic
plant
food
materials,
organic
agricultural
45
limestone,
or
agricultural
chemicals.
To
be
considered
46
an
implement
of
husbandry,
a
self-propelled
implement
47
of
husbandry
must
be
operated
at
speeds
of
thirty-five
48
miles
per
hour
or
less.
49
a.
“Reconstructed”
as
used
in
this
subsection
means
50
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SF452.2181.H
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85
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29/
60
materially
altered
from
the
original
construction
by
1
the
removal,
addition,
or
substitution
of
essential
2
parts,
new
or
used.
3
b.
A
vehicle
covered
under
this
subsection
,
if
4
it
otherwise
qualifies,
may
be
operated
as
special
5
mobile
equipment
and
under
such
circumstances
this
6
subsection
shall
not
be
applicable
to
such
vehicle,
7
and
such
vehicle
shall
not
be
required
to
comply
with
8
sections
321.384
through
321.423
,
when
such
vehicle
is
9
moved
during
daylight
hours;
however,
the
provisions
10
of
section
321.383
shall
remain
applicable
to
such
11
vehicle.
12
Sec.
98.
Section
321.1,
subsection
47A,
Code
2013,
13
is
amended
to
read
as
follows:
14
47A.
“Off-road
utility
vehicle”
means
a
motorized
15
flotation-tire
vehicle
with
not
less
than
four
and
not
16
more
than
eight
low-pressure
tires
that
is
limited
in
17
engine
displacement
to
less
than
one
thousand
five
18
hundred
cubic
centimeters
and
in
total
dry
weight
19
to
not
more
than
one
two
thousand
eight
hundred
20
pounds
and
that
has
a
seat
that
is
of
bucket
or
bench
21
design,
not
intended
to
be
straddled
by
the
operator,
22
and
a
steering
wheel
or
control
levers
for
control.
23
“Off-road
utility
vehicle”
does
not
include
dune
24
buggies,
golf
carts,
go-carts,
or
minitrucks.
25
Sec.
99.
Section
321.105A,
subsection
2,
paragraph
26
c,
Code
2013,
is
amended
by
adding
the
following
new
27
subparagraph:
28
NEW
SUBPARAGRAPH
.
(31)
An
all-terrain
vehicle
29
which
is
exempt
from
the
sales
tax
pursuant
to
section
30
423.3,
subsection
8,
or
for
which
the
applicant
has
31
paid
the
sales
tax
in
this
state
or
has
paid
to
another
32
state
a
state
sales,
use,
or
occupational
tax.
33
Sec.
100.
Section
321.109,
subsection
1,
paragraph
34
a,
Code
2013,
is
amended
to
read
as
follows:
35
a.
The
annual
fee
for
all
motor
vehicles
including
36
vehicles
designated
by
manufacturers
as
station
wagons,
37
1993
and
subsequent
model
year
multipurpose
vehicles,
38
and
2010
and
subsequent
model
year
motor
trucks
with
39
an
unladen
weight
of
ten
thousand
pounds
or
less,
40
except
motor
trucks
registered
under
section
321.122
,
41
business-trade
trucks,
special
trucks,
motor
homes,
42
ambulances,
hearses,
all-terrain
vehicles,
motorcycles,
43
motorized
bicycles,
and
1992
and
older
model
year
44
multipurpose
vehicles,
shall
be
equal
to
one
percent
45
of
the
value
as
fixed
by
the
department
plus
forty
46
cents
for
each
one
hundred
pounds
or
fraction
thereof
47
of
weight
of
vehicle,
as
fixed
by
the
department.
The
48
weight
of
a
motor
vehicle,
fixed
by
the
department
49
for
registration
purposes,
shall
include
the
weight
50
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SF452.2181.H
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85
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30/
60
of
a
battery,
heater,
bumpers,
spare
tire,
and
wheel.
1
Provided,
however,
that
for
any
new
vehicle
purchased
2
in
this
state
by
a
nonresident
for
removal
to
the
3
nonresident’s
state
of
residence
the
purchaser
may
make
4
application
to
the
county
treasurer
in
the
county
of
5
purchase
for
a
transit
plate
for
which
a
fee
of
ten
6
dollars
shall
be
paid.
And
provided,
however,
that
for
7
any
used
vehicle
held
by
a
registered
dealer
and
not
8
currently
registered
in
this
state,
or
for
any
vehicle
9
held
by
an
individual
and
currently
registered
in
this
10
state,
when
purchased
in
this
state
by
a
nonresident
11
for
removal
to
the
nonresident’s
state
of
residence,
12
the
purchaser
may
make
application
to
the
county
13
treasurer
in
the
county
of
purchase
for
a
transit
14
plate
for
which
a
fee
of
three
dollars
shall
be
paid.
15
The
county
treasurer
shall
issue
a
nontransferable
16
certificate
of
registration
for
which
no
refund
shall
17
be
allowed;
and
the
transit
plates
shall
be
void
thirty
18
days
after
issuance.
Such
purchaser
may
apply
for
a
19
certificate
of
title
by
surrendering
the
manufacturer’s
20
or
importer’s
certificate
or
certificate
of
title,
21
duly
assigned
as
provided
in
this
chapter
.
In
this
22
event,
the
treasurer
in
the
county
of
purchase
shall,
23
when
satisfied
with
the
genuineness
and
regularity
of
24
the
application,
and
upon
payment
of
a
fee
of
twenty
25
dollars,
issue
a
certificate
of
title
in
the
name
and
26
address
of
the
nonresident
purchaser
delivering
the
27
title
to
the
owner.
If
there
is
a
security
interest
28
noted
on
the
title,
the
county
treasurer
shall
mail
to
29
the
secured
party
an
acknowledgment
of
the
notation
30
of
the
security
interest.
The
county
treasurer
shall
31
not
release
a
security
interest
that
has
been
noted
on
32
a
title
issued
to
a
nonresident
purchaser
as
provided
33
in
this
paragraph.
The
application
requirements
of
34
section
321.20
apply
to
a
title
issued
as
provided
35
in
this
subsection
,
except
that
a
natural
person
36
who
applies
for
a
certificate
of
title
shall
provide
37
either
the
person’s
social
security
number,
passport
38
number,
or
driver’s
license
number,
whether
the
license
39
was
issued
by
this
state,
another
state,
or
another
40
country.
The
provisions
of
this
subsection
relating
to
41
multipurpose
vehicles
are
effective
for
all
1993
and
42
subsequent
model
years.
The
annual
registration
fee
43
for
multipurpose
vehicles
that
are
1992
model
years
and
44
older
shall
be
in
accordance
with
section
321.124
.
45
Sec.
101.
NEW
SECTION
.
321.118
All-terrain
46
vehicles.
47
1.
An
all-terrain
vehicle
designed
to
travel
48
on
four
or
more
wheels
may
be
registered
under
this
49
chapter
for
operation
on
secondary
roads
and
on
50
-31-
SF452.2181.H
(2)
85
md
31/
60
city
streets
where
authorized,
as
provided
in
this
1
chapter,
for
an
annual
fee
of
fifty
dollars.
However,
2
all-terrain
vehicles
registered
under
this
section
3
are
not
subject
to
the
titling
provisions
of
this
4
chapter
or
to
the
manufacturer’s
label
requirement
5
under
section
321.30,
subsection
2,
paragraph
“a”
.
6
Registration
under
this
section
is
in
addition
to
7
the
titling
and
registration
requirements
of
chapter
8
321I.
An
applicant
for
registration
of
an
all-terrain
9
vehicle
under
this
section
shall
submit,
along
with
the
10
application,
a
copy
of
the
registration
certificate
11
issued
for
the
vehicle
pursuant
to
section
321I.4
12
containing
a
description
of
the
vehicle
and
identifying
13
the
applicant
as
the
owner
of
the
vehicle.
14
2.
This
section
shall
not
be
construed
to
include
15
all-terrain
vehicles
within
the
meaning
of
the
term
16
“
motor
vehicle
subject
to
registration”
or
“vehicle
17
subject
to
registration”
as
that
term
applies
to
the
18
regulation
of
motor
vehicle
dealers,
manufacturers,
or
19
distributors
or
to
the
sale,
rental,
lease,
transfer,
20
or
disposition
of
motor
vehicles.
21
Sec.
102.
Section
321.166,
subsection
1,
paragraph
22
a,
Code
2013,
is
amended
to
read
as
follows:
23
a.
Registration
plates
shall
be
of
metal
and
of
a
24
size
not
to
exceed
six
inches
by
twelve
inches,
except
25
that
the
size
of
plates
issued
for
use
on
all-terrain
26
vehicles,
motorized
bicycles,
motorcycles,
motorcycle
27
trailers,
and
trailers
with
an
empty
weight
of
two
28
thousand
pounds
or
less
shall
be
established
by
the
29
department.
30
Sec.
103.
Section
321.166,
subsection
4,
Code
2013,
31
is
amended
to
read
as
follows:
32
4.
The
registration
plate
number,
except
on
33
all-terrain
vehicles,
motorized
bicycles,
motorcycles,
34
motorcycle
trailers,
and
trailers
with
an
empty
weight
35
of
two
thousand
pounds
or
less,
shall
be
of
sufficient
36
size
to
be
readable
from
a
distance
of
one
hundred
feet
37
during
daylight.
38
Sec.
104.
Section
321.234A,
subsection
1,
paragraph
39
f,
Code
2013,
is
amended
by
striking
the
paragraph.
40
Sec.
105.
Section
321.234A,
Code
2013,
is
amended
41
by
adding
the
following
new
subsection:
42
NEW
SUBSECTION
.
5.
The
provisions
of
this
section
43
do
not
apply
to
an
all-terrain
vehicle
registered
under
44
section
321.118
and
operated
on
a
highway
in
accordance
45
with
section
321.234B.
46
Sec.
106.
NEW
SECTION
.
321.234B
Registered
47
all-terrain
vehicles
——
operation
on
highways.
48
An
all-terrain
vehicle
which
is
registered
pursuant
49
to
section
321.118
may
be
operated
on
a
highway
subject
50
-32-
SF452.2181.H
(2)
85
md
32/
60
to
all
of
the
following:
1
1.
Persons
who
may
operate.
A
person
shall
not
2
operate
an
all-terrain
vehicle
on
a
highway
unless
the
3
person
is
sixteen
years
of
age
or
older
and
has
a
valid
4
driver’s
license
other
than
a
license
valid
only
for
5
operation
of
a
motorized
bicycle.
6
2.
Operation
on
certain
highways
only.
All-terrain
7
vehicles
registered
under
section
321.118
may
be
8
operated
on
secondary
roads,
but
shall
not
be
operated
9
on
primary
highways
or
on
highways
within
the
corporate
10
limits
of
a
city
except
as
follows:
11
a.
A
person
shall
not
operate
an
all-terrain
12
vehicle
registered
under
section
321.118
on
a
primary
13
highway
except
to
cross
a
primary
highway;
however,
the
14
provisions
of
section
321I.10
govern
the
crossing
of
a
15
primary
highway
when
the
all-terrain
vehicle
is
being
16
operated
on
an
all-terrain
vehicle
trail.
17
b.
A
person
shall
not
operate
an
all-terrain
18
vehicle
registered
under
section
321.118
on
a
highway
19
within
the
corporate
limits
of
a
city
except
on
a
20
nonprimary
highway
where
such
operation
is
authorized
21
by
ordinance
pursuant
to
section
321.236,
subsection
22
14A.
23
3.
Motor
vehicle
laws
applicable.
The
motor
vehicle
24
laws,
including
but
not
limited
to
the
provisions
25
of
sections
321.20B,
321.285,
321.317,
321.385,
and
26
321.387,
apply
to
the
operation
of
all-terrain
vehicles
27
registered
for
operation
on
highways,
except
for
those
28
provisions
relating
to
required
equipment
which
by
29
their
nature
can
have
no
practical
application.
30
4.
Penalties.
A
person
convicted
of
a
violation
31
of
subsection
1
or
2
is
guilty
of
a
simple
misdemeanor
32
punishable
as
a
scheduled
violation
under
section
33
805.8A,
subsection
6.
34
Sec.
107.
Section
321.236,
Code
2013,
is
amended
by
35
adding
the
following
new
subsection:
36
NEW
SUBSECTION
.
14A.
Authorizing
the
operation
of
37
all-terrain
vehicles
registered
under
section
321.118
38
on
highways
under
the
jurisdiction
of
a
city,
other
39
than
municipal
extensions
of
primary
highways.
40
Sec.
108.
Section
321.285,
Code
2013,
is
amended
by
41
adding
the
following
new
subsection:
42
NEW
SUBSECTION
.
6A.
Notwithstanding
any
other
43
speed
restrictions
allowing
for
speed
in
excess
of
44
forty-five
miles
per
hour,
a
person
shall
not
operate
45
an
all-terrain
vehicle
on
a
highway
at
a
speed
in
46
excess
of
forty-five
miles
per
hour.
47
Sec.
109.
Section
321F.1,
subsection
7,
Code
2013,
48
is
amended
to
read
as
follows:
49
7.
“Motor
vehicle”
means
every
vehicle
which
is
50
-33-
SF452.2181.H
(2)
85
md
33/
60
self-propelled
and
subject
to
registration
under
the
1
laws
of
this
state
,
other
than
an
all-terrain
vehicle
2
as
defined
in
section
321.1
.
3
Sec.
110.
Section
321H.2,
subsection
10,
Code
2013,
4
is
amended
to
read
as
follows:
5
10.
“Vehicle
subject
to
registration”
means
any
6
vehicle
that
is
of
a
type
required
to
be
registered
7
under
chapter
321
when
operated
on
a
public
highway,
8
including
but
not
limited
to
a
vehicle
that
is
9
inoperable,
salvage,
or
rebuilt
,
but
not
including
an
10
all-terrain
vehicle
as
defined
in
section
321.1
.
11
Sec.
111.
Section
321I.9,
unnumbered
paragraph
1,
12
Code
2013,
is
amended
to
read
as
follows:
13
Registration
under
this
chapter
shall
not
be
14
required
for
the
following
described
all-terrain
15
vehicles:
16
Sec.
112.
Section
321I.10,
subsection
1,
Code
2013,
17
is
amended
to
read
as
follows:
18
1.
A
person
shall
not
operate
an
all-terrain
19
vehicle
or
off-road
utility
vehicle
upon
roadways
20
or
highways
except
as
provided
in
section
sections
21
321.234A
and
321.234B
and
this
section
.
22
Sec.
113.
Section
321I.10,
subsections
2
and
3,
23
Code
2013,
are
amended
by
striking
the
subsections.
24
Sec.
114.
Section
321I.31,
subsection
1,
Code
2013,
25
is
amended
to
read
as
follows:
26
1.
The
owner
of
an
all-terrain
vehicle
acquired
on
27
or
after
January
1,
2000,
other
than
an
all-terrain
28
vehicle
used
exclusively
as
a
farm
implement
or
a
29
motorcycle
previously
issued
a
title
pursuant
to
30
chapter
321
,
shall
apply
to
the
county
recorder
of
the
31
county
in
which
the
owner
resides
for
a
certificate
32
of
title
for
the
all-terrain
vehicle.
The
owner
of
33
an
all-terrain
vehicle
used
exclusively
as
a
farm
34
implement
may
obtain
a
certificate
of
title.
A
person
35
who
owns
an
all-terrain
vehicle
that
is
not
required
to
36
have
a
certificate
of
title
may
apply
for
and
receive
37
a
certificate
of
title
for
the
all-terrain
vehicle
38
and,
subsequently,
the
all-terrain
vehicle
shall
be
39
subject
to
the
requirements
of
this
chapter
as
if
40
the
all-terrain
vehicle
were
required
to
be
titled.
41
All
all-terrain
vehicles
that
are
titled
shall
be
42
registered
under
this
chapter
.
43
Sec.
115.
Section
322.2,
subsections
13
and
23,
44
Code
2013,
are
amended
to
read
as
follows:
45
13.
“Motor
vehicle”
means
any
self-propelled
46
vehicle
subject
to
registration
under
chapter
321
,
47
other
than
an
all-terrain
vehicle
as
defined
in
section
48
321.1
.
49
23.
“Used
motor
vehicle”
or
“second-hand
motor
50
-34-
SF452.2181.H
(2)
85
md
34/
60
vehicle”
means
any
motor
vehicle
of
a
type
subject
to
1
registration
under
the
laws
of
this
state
,
except
an
2
all-terrain
vehicle
as
defined
in
section
321.1,
which
3
has
been
sold
“at
retail”
as
defined
in
this
chapter
4
and
previously
registered
in
this
or
any
other
state.
5
Sec.
116.
Section
322A.1,
subsection
8,
Code
2013,
6
is
amended
to
read
as
follows:
7
8.
“Motor
vehicle”
means
a
“motor
vehicles”
vehicle”
8
as
defined
in
chapter
321
which
are
is
subject
to
9
registration
pursuant
to
the
provisions
thereof
,
other
10
than
an
all-terrain
vehicle
as
defined
in
section
11
321.1
.
12
Sec.
117.
Section
331.362,
subsection
9,
Code
2013,
13
is
amended
to
read
as
follows:
14
9.
A
county
may
regulate
traffic
on
and
use
of
the
15
secondary
roads,
in
accordance
with
sections
321.236
16
to
321.250
,
321.254
,
321.255
,
321.285,
subsection
17
4
,
sections
321.352
,
321.471
to
321.473
,
and
other
18
applicable
provisions
of
chapter
321
,
and
sections
19
321G.9
,
321I.10
,
and
327G.15
.
20
Sec.
118.
Section
423.1,
subsection
66,
Code
2013,
21
is
amended
to
read
as
follows:
22
66.
“Vehicles
subject
to
registration”
means
any
23
vehicle
subject
to
registration
pursuant
to
section
24
321.18
,
other
than
an
all-terrain
vehicle
or
off-road
25
utility
vehicle
registered
pursuant
to
section
321.118
.
26
Sec.
119.
Section
516E.1,
subsection
6,
Code
2013,
27
is
amended
to
read
as
follows:
28
6.
“Motor
vehicle”
means
any
self-propelled
vehicle
29
subject
to
registration
under
chapter
321
,
other
than
30
an
all-terrain
vehicle
as
defined
in
section
321.1
.
31
Sec.
120.
Section
537B.2,
subsection
2,
Code
2013,
32
is
amended
to
read
as
follows:
33
2.
“Motor
vehicle”
means
a
motor
vehicle
as
defined
34
in
section
321.1
which
is
subject
to
registration.
35
However,
“motor
vehicle”
does
not
include
a
motor
36
vehicle,
as
defined
in
section
321.1
,
with
a
gross
37
vehicle
weight
rating
of
more
than
twelve
thousand
38
pounds
,
or
an
all-terrain
vehicle
as
defined
in
section
39
321.1
.
40
Sec.
121.
Section
805.8A,
subsection
6,
Code
2013,
41
is
amended
by
adding
the
following
new
paragraph:
42
NEW
PARAGRAPH
.
0a.
Section
321.234B,
subsection
1
43
or
2
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$50.
44
DIVISION
X
45
RULEMAKING
PROCESS
46
Sec.
122.
Section
17A.4,
subsection
3,
Code
2013,
47
is
amended
to
read
as
follows:
48
3.
a.
When
an
agency
for
good
cause
finds
that
49
notice
and
public
participation
would
be
unnecessary,
50
-35-
SF452.2181.H
(2)
85
md
35/
60
impracticable,
or
contrary
to
the
public
interest
When
1
the
statute
so
provides,
or
with
the
approval
of
the
2
administrative
rules
review
committee,
if
the
committee
3
finds
good
cause
that
notice
and
public
participation
4
would
be
unnecessary,
impracticable,
or
contrary
to
the
5
public
interest
,
the
provisions
of
subsection
1
shall
6
be
inapplicable.
The
agency
shall
incorporate
in
each
7
rule
issued
in
reliance
upon
this
provision
either
the
8
finding
and
a
brief
statement
of
the
reasons
for
the
9
finding,
or
a
statement
that
the
rule
is
within
a
very
10
narrowly
tailored
category
of
rules
whose
issuance
11
has
previously
been
exempted
from
subsection
1
by
a
12
special
rule
relying
on
this
provision
and
including
13
such
a
finding
and
statement
of
reasons
for
the
entire
14
category.
15
b.
(1)
If
the
administrative
rules
review
16
committee
by
a
two-thirds
vote,
the
governor,
or
the
17
attorney
general
files
with
the
administrative
code
18
editor
an
objection
to
the
adoption
of
any
a
rule
or
19
portion
of
a
rule
pursuant
to
this
subsection
,
that
the
20
rule
or
portion
of
the
rule
shall
cease
to
be
effective
21
one
hundred
eighty
days
after
the
date
the
objection
22
was
filed.
A
23
(2)
If
the
administrative
rules
review
committee
24
files
with
the
administrative
code
editor
an
objection
25
to
the
adoption
of
a
rule
or
portion
of
a
rule
26
pursuant
to
this
subsection,
the
administrative
rules
27
review
committee,
by
a
separate
two-thirds
vote,
may
28
suspend
the
applicability
of
the
rule
or
portion
of
29
the
rule
until
the
rule
ceases
to
be
effective
under
30
this
paragraph
“b”
.
The
determination
to
suspend
31
the
applicability
of
the
rule
or
portion
of
the
rule
32
shall
be
included
in
the
copy
of
the
objection
to
be
33
forwarded
to
the
agency.
34
c.
If
an
objection
to
a
rule
is
filed
under
this
35
subsection,
a
copy
of
the
objection,
properly
dated,
36
shall
be
forwarded
to
the
agency
at
the
time
of
filing
37
the
objection.
In
any
action
contesting
a
rule
or
38
portion
of
a
rule
adopted
pursuant
to
this
subsection
,
39
the
burden
of
proof
shall
be
on
the
agency
to
show
that
40
the
procedures
of
subsection
1
were
impracticable,
41
unnecessary,
or
contrary
to
the
public
interest
and
42
that,
if
a
category
of
rules
was
involved,
the
category
43
was
very
narrowly
tailored.
44
Sec.
123.
Section
17A.4,
subsection
7,
Code
2013,
45
is
amended
to
read
as
follows:
46
7.
a.
Upon
the
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
seventy
49
days
beyond
that
permitted
in
section
17A.5
,
unless
the
50
-36-
SF452.2181.H
(2)
85
md
36/
60
rule
was
promulgated
under
section
17A.5,
subsection
2
,
1
paragraph
“b”
.
This
provision
shall
be
utilized
by
the
2
committee
only
if
further
time
is
necessary
to
study
3
and
examine
the
rule.
If
the
rule
was
promulgated
4
under
section
17A.5,
subsection
2,
paragraph
“b”
,
5
the
administrative
rules
review
committee,
within
6
thirty-five
days
of
the
effective
date
of
the
rule
and
7
upon
the
vote
of
two-thirds
of
its
members,
may
suspend
8
the
applicability
of
the
rule
or
portion
of
the
rule
9
for
seventy
days.
10
b.
Notice
of
an
effective
date
that
was
delayed
11
under
this
provision
shall
be
published
in
the
Iowa
12
administrative
code
and
bulletin.
13
Sec.
124.
Section
17A.4,
Code
2013,
is
amended
by
14
adding
the
following
new
subsection:
15
NEW
SUBSECTION
.
9.
Upon
the
vote
of
two-thirds
of
16
its
members,
the
administrative
rules
review
committee,
17
following
notice
of
intended
action
as
provided
in
18
subsection
1
and
prior
to
adoption
of
a
rule
pursuant
19
to
that
notice,
may
suspend
further
action
relating
to
20
that
notice
for
seventy
days.
Notice
of
a
notice
of
21
intended
action
that
was
suspended
under
this
provision
22
shall
be
published
in
the
Iowa
administrative
code
and
23
bulletin.
24
Sec.
125.
Section
17A.8,
subsection
9,
Code
2013,
25
is
amended
to
read
as
follows:
26
9.
a.
Upon
a
vote
of
two-thirds
of
its
members,
27
the
administrative
rules
review
committee
may
delay
the
28
effective
date
of
a
rule
or
portion
of
a
rule
until
29
the
adjournment
of
the
next
regular
session
of
the
30
general
assembly
,
unless
the
rule
was
promulgated
under
31
section
17A.5,
subsection
2,
paragraph
“b”
.
If
the
32
rule
was
promulgated
under
section
17A.5,
subsection
33
2,
paragraph
“b”
,
the
administrative
rules
review
34
committee,
within
thirty-five
days
of
the
effective
35
date
of
the
rule
and
upon
the
vote
of
two-thirds
of
its
36
members,
may
suspend
the
applicability
of
the
rule
or
37
portion
of
the
rule
until
the
adjournment
of
the
next
38
regular
session
of
the
general
assembly.
39
b.
The
committee
shall
refer
a
rule
or
portion
40
of
a
rule
whose
effective
date
has
been
delayed
or
41
applicability
has
been
suspended
to
the
speaker
of
42
the
house
of
representatives
and
the
president
of
the
43
senate
who
shall
refer
the
delayed
or
suspended
rule
44
or
portion
of
the
rule
to
the
appropriate
standing
45
committees
of
the
general
assembly.
A
standing
46
committee
shall
review
a
the
rule
within
twenty-one
47
days
after
the
rule
is
referred
to
the
committee
by
48
the
speaker
of
the
house
of
representatives
or
the
49
president
of
the
senate
and
shall
take
formal
committee
50
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action
by
sponsoring
a
joint
resolution
to
disapprove
1
the
rule,
by
proposing
legislation
relating
to
the
2
rule,
or
by
refusing
to
propose
a
joint
resolution
3
or
legislation
concerning
the
rule.
The
standing
4
committee
shall
inform
the
administrative
rules
review
5
committee
of
the
committee
action
taken
concerning
the
6
rule.
If
the
general
assembly
has
not
disapproved
of
7
the
rule
by
a
joint
resolution,
the
rule
shall
become
8
effective.
The
speaker
of
the
house
of
representatives
9
and
the
president
of
the
senate
shall
notify
the
10
administrative
code
editor
of
the
final
disposition
11
of
each
rule
or
portion
of
a
rule
whose
effective
12
date
has
been
delayed
or
whose
applicability
has
been
13
suspended
pursuant
to
this
subsection
.
If
a
the
14
rule
is
disapproved,
it
the
rule
shall
not
become
be
15
effective
and
the
agency
shall
rescind
the
rule.
This
16
section
shall
not
apply
to
rules
made
effective
under
17
section
17A.5,
subsection
2
,
paragraph
“b”
.
18
Sec.
126.
Section
17A.23,
Code
2013,
is
amended
to
19
read
as
follows:
20
17A.23
Construction
——
delegation
of
authority
.
21
1.
Except
as
expressly
provided
otherwise
by
this
22
chapter
or
by
another
statute
referring
to
this
chapter
23
by
name,
the
rights
created
and
the
requirements
24
imposed
by
this
chapter
shall
be
in
addition
to
those
25
created
or
imposed
by
every
other
statute
in
existence
26
on
July
1,
1975,
or
enacted
after
that
date.
If
any
27
other
statute
in
existence
on
July
1,
1975,
or
enacted
28
after
that
date
diminishes
a
right
conferred
upon
a
29
person
by
this
chapter
or
diminishes
a
requirement
30
imposed
upon
an
agency
by
this
chapter
,
this
chapter
31
shall
take
precedence
unless
the
other
statute
32
expressly
provides
that
it
shall
take
precedence
over
33
all
or
some
specified
portion
of
this
named
cited
34
chapter.
35
2.
This
chapter
shall
be
construed
broadly
to
36
effectuate
its
purposes.
This
chapter
shall
also
37
be
construed
to
apply
to
all
agencies
not
expressly
38
exempted
by
this
chapter
or
by
another
statute
39
specifically
referring
to
this
chapter
by
name
40
citation
;
and
except
as
to
proceedings
in
process
on
41
July
1,
1975,
this
chapter
shall
be
construed
to
apply
42
to
all
covered
agency
proceedings
and
all
agency
action
43
not
expressly
exempted
by
this
chapter
or
by
another
44
statute
specifically
referring
to
this
chapter
by
name
45
citation
.
46
3.
An
agency
shall
have
only
that
authority
or
47
discretion
delegated
to
or
conferred
upon
the
agency
by
48
law
and
shall
not
expand
or
enlarge
its
authority
or
49
discretion
beyond
the
powers
delegated
to
or
conferred
50
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upon
the
agency.
Unless
otherwise
specifically
1
provided
in
statute,
a
grant
of
rulemaking
authority
2
shall
be
construed
narrowly.
3
DIVISION
XI
4
STATE
EMPLOYEE
AND
ELECTED
OFFICIAL
PAYMENT
OF
HEALTH
5
INSURANCE
PREMIUMS
6
Sec.
127.
Section
2.40,
subsection
1,
paragraph
7
a,
subparagraph
(2),
Code
2013,
is
amended
to
read
as
8
follows:
9
(2)
The
member
shall
pay
the
premium
for
the
10
plan
selected
on
the
same
basis
as
a
full-time
state
11
employee
excluded
from
collective
bargaining
as
12
provided
in
chapter
20
.
However,
the
member
shall
pay
13
a
portion
of
the
total
premium
for
the
plan
selected
14
in
an
amount
as
determined
by
the
legislative
council.
15
The
payment
amount
as
determined
by
the
legislative
16
council
shall
be
at
least
twenty
percent
of
the
total
17
premium
for
the
single
or
family
coverage
provided
18
in
connection
with
the
member
and
shall
include
a
19
wellness
credit
to
be
applied
to
the
member
portion
20
of
the
premium.
The
payment
amount
determined
by
the
21
legislative
council
shall
apply
to
employees
of
the
22
general
assembly.
23
Sec.
128.
NEW
SECTION
.
8A.440
Group
health
24
insurance
premium
costs.
25
1.
Collective
bargaining
agreements
entered
into
26
pursuant
to
chapter
20
for
state
employees
shall
27
provide
that
a
state
employee
covered
by
that
agreement
28
who
is
a
member
of
a
state
group
health
insurance
plan
29
for
employees
of
the
state
established
under
chapter
30
509A
shall
pay
at
least
twenty
percent
of
the
total
31
premium
for
the
single
or
family
coverage
provided
in
32
connection
with
each
employee.
The
agreements
shall
33
include
a
wellness
credit
to
be
applied
to
the
member
34
portion
of
the
premium.
35
2.
A
state
employee
not
covered
by
a
collective
36
bargaining
agreement
as
provided
in
chapter
20
who
is
37
a
member
of
a
state
group
health
insurance
plan
for
38
employees
of
the
state
established
under
chapter
509A
39
shall
pay
the
same
percentage
of
the
total
premium
40
for
such
insurance
as
is
paid
under
the
collective
41
bargaining
agreement
that
covers
the
greatest
number
42
of
state
employees
in
the
state
government
entity
43
employing
the
state
employee
and
shall
be
provided
a
44
wellness
credit
option.
45
Sec.
129.
STATEWIDE
ELECTED
OFFICIALS
——
GROUP
46
HEALTH
INSURANCE
PREMIUM
COSTS.
A
statewide
elected
47
official
who
is
a
member
of
a
state
group
insurance
48
plan
for
employees
of
the
state
established
under
49
chapter
509A
shall
pay
a
portion
of
the
total
premium
50
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for
the
plan
selected
in
an
amount
as
determined
by
the
1
executive
council.
The
payment
amount
as
determined
2
by
the
executive
council
shall
be
at
least
20
percent
3
of
the
total
premium
for
the
single
or
family
coverage
4
provided
in
connection
with
the
elected
official
and
5
shall
include
a
wellness
credit
to
be
applied
to
the
6
member
portion
of
the
premium.
7
Sec.
130.
GROUP
HEALTH
INSURANCE
PREMIUMS
FOR
STATE
8
EMPLOYEES.
9
1.
a.
This
subsection
does
not
apply
to
members
10
of
the
general
assembly
or
elected
officials
who
are
11
subject
to
the
provisions
of
this
division
of
this
12
Act
amending
section
2.40
or
requiring
statewide
13
elected
officials
to
pay
a
portion
of
health
insurance
14
premiums.
15
b.
For
the
fiscal
year
beginning
July
1,
2013,
each
16
state
employee
who
is
a
member
of
a
state
group
health
17
insurance
plan
for
state
employees
established
under
18
chapter
509A
shall
pay
at
least
20
percent
of
the
total
19
premium
for
the
single
or
family
coverage
provided
20
in
connection
with
the
employee’s
membership
in
the
21
insurance
plan.
22
c.
For
the
fiscal
year
beginning
July
1,
2013,
23
each
person
who
is
a
member
of
a
state
group
health
24
insurance
plan
for
employees
of
the
state
board
of
25
regents
and
the
institutions
under
the
control
of
the
26
state
board
shall
pay
at
least
20
percent
of
the
total
27
premium
for
the
single
or
family
coverage
provided
28
in
connection
with
the
person’s
membership
in
the
29
insurance
plan.
30
d.
For
the
fiscal
year
beginning
July
1,
2013,
each
31
judicial
officer
or
employee
of
the
judicial
branch
who
32
is
a
member
of
a
state
group
health
insurance
plan
for
33
state
employees
established
under
chapter
509A
shall
34
pay
at
least
20
percent
of
the
total
premium
for
the
35
single
or
family
coverage
provided
in
connection
with
36
the
judicial
officer
or
employee’s
membership
in
the
37
insurance
plan.
38
e.
The
requirements
in
this
subsection
shall
be
39
enforceable
against
all
applicable
employees
for
the
40
fiscal
year
beginning
July
1,
2013,
notwithstanding
41
any
provision
of
chapter
20
to
the
contrary,
and
42
shall
remain
applicable
to
each
such
state
employee
43
and
person
in
fiscal
years
succeeding
the
fiscal
year
44
specified
in
this
subsection
until
the
requirement
45
implemented
pursuant
to
section
8A.440
is
applicable
46
to
the
employee
or
person.
47
f.
The
requirements
in
this
subsection
shall
48
include
a
wellness
credit
to
be
applied
to
the
member
49
portion
of
the
premium.
50
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2.
a.
For
the
fiscal
year
beginning
July
1,
2013,
1
the
portion
of
the
payments
made
pursuant
to
subsection
2
1
attributed
to
increases
in
payments
as
a
result
of
3
the
percentage
requirement
implemented
pursuant
to
4
subsection
1
shall
be
transferred
to
the
judicial
5
branch
or
the
state
agency
charged
for
the
state
group
6
health
insurance
plan
premiums
of
the
judicial
officer,
7
employee,
or
person
who
made
the
payment
and
shall
8
apply
in
lieu
of
a
like
amount
from
the
appropriations
9
made
to
the
judicial
branch
or
the
state
agency
for
the
10
fiscal
year.
11
b.
The
moneys
paid
by
members
or
employees
of
12
the
general
assembly
pursuant
to
section
2.40,
as
13
amended
by
this
division
of
this
Act,
for
the
fiscal
14
year
beginning
July
1,
2013,
are
appropriated
to
the
15
general
assembly
in
lieu
of
a
like
amount
from
the
16
appropriations
made
to
the
general
assembly
pursuant
to
17
section
2.12,
for
the
fiscal
year.
18
c.
The
moneys
paid
by
statewide
elected
officials
19
pursuant
to
the
section
of
this
division
of
this
Act
20
requiring
the
officials
to
pay
a
portion
of
the
health
21
insurance
premium
costs
for
the
coverage
provided
to
22
the
officials,
for
the
fiscal
year
beginning
July
1,
23
2012,
are
appropriated
to
the
state
agency
charged
for
24
the
state
group
health
insurance
plan
premiums
of
the
25
official
who
made
the
payment
in
lieu
of
a
like
amount
26
from
the
appropriations
made
to
the
state
agency
for
27
the
fiscal
year.
28
3.
The
department
of
management,
with
the
29
assistance
of
the
department
of
administrative
30
services,
state
board
of
regents,
the
state
fair
31
board,
the
state
department
of
transportation,
and
each
32
judicial
district
department
of
correctional
services,
33
shall
submit
a
quarterly
report
to
the
general
assembly
34
and
the
legislative
services
agency
during
the
fiscal
35
year
beginning
July
1,
2013,
regarding
the
reductions
36
to
appropriations
made
pursuant
to
subsection
2
during
37
the
quarter.
38
Sec.
131.
APPLICABILITY.
The
section
of
this
39
division
of
this
Act
enacting
section
8A.440,
applies
40
to
collective
bargaining
agreements
entered
into
on
41
or
after
the
effective
date
of
that
section
of
this
42
division
of
this
Act.
43
Sec.
132.
EFFECTIVE
UPON
ENACTMENT.
The
following
44
sections
of
this
division
of
this
Act,
being
deemed
of
45
immediate
importance,
take
effect
upon
enactment:
46
1.
The
section
of
this
Act
enacting
section
8A.440.
47
2.
The
section
of
this
Act
relating
to
group
health
48
insurance
premiums
for
state
employees.
49
DIVISION
XII
50
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SPEED
DETECTION
JAMMING
DEVICES
1
Sec.
133.
Section
321.232,
Code
2013,
is
amended
to
2
read
as
follows:
3
321.232
Radar
Speed
detection
jamming
devices
——
4
penalty.
5
1.
A
person
shall
not
sell,
operate
,
or
possess
6
a
radar
speed
detection
jamming
device,
except
as
7
otherwise
provided
in
this
section
,
when
the
device
is
8
in
a
vehicle
operated
on
the
highways
of
this
state
or
9
the
device
is
held
for
sale
in
this
state.
10
2.
This
section
does
not
apply
to
radar
speed
11
measuring
devices
purchased
by,
held
for
purchase
for,
12
or
operated
by
peace
officers
using
the
devices
in
13
performance
of
their
official
duties.
14
3.
A
radar
speed
detection
jamming
device
sold,
15
operated,
or
possessed
in
violation
of
subsection
1
16
may
be
seized
by
a
peace
officer
and
is
subject
to
17
forfeiture
as
provided
by
chapter
809
or
809A
.
18
4.
For
the
purposes
of
this
section
“radar
jamming
19
device”
:
20
a.
“Speed
detection
jamming
device”
means
any
21
mechanism
designed
or
used
to
transmit
radio
waves
in
22
the
electromagnetic
wave
spectrum
to
interfere
with
the
23
reception
of
those
emitted
from
a
device
used
by
peace
24
officers
of
this
state
to
measure
the
speed
of
motor
25
vehicles
on
the
highways
of
this
state
and
which
is
not
26
designed
for
two-way
transmission
and
cannot
transmit
27
in
plain
language
active
or
passive
device,
instrument,
28
mechanism,
or
equipment
that
is
designed
or
intended
29
to
interfere
with,
disrupt,
or
scramble
the
radar
or
30
laser
that
is
used
by
a
peace
officer
to
measure
the
31
speed
of
motor
vehicles.
“Speed
detection
jamming
32
device”
does
not
include
equipment
that
is
legal
under
33
federal
communications
commission
regulations,
such
as
34
a
citizens’
band
radio,
a
ham
radio,
or
other
similar
35
electronic
equipment
.
36
b.
“Speed
measuring
device”
includes
but
is
not
37
limited
to
devices
commonly
known
as
radar
speed
meters
38
or
laser
speed
meters.
39
Sec.
134.
Section
805.8A,
subsection
14,
paragraph
40
g,
Code
2013,
is
amended
to
read
as
follows:
41
g.
Radar-jamming
Speed
detection
jamming
42
devices.
For
a
violation
under
section
321.232
,
the
43
scheduled
fine
is
one
hundred
dollars.
44
DIVISION
XIII
45
FIREARMS
46
Sec.
135.
Section
724.23,
Code
2013,
is
amended
to
47
read
as
follows:
48
724.23
Records
kept
by
commissioner
and
issuing
49
officers
.
50
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1.
The
commissioner
of
public
safety
shall
maintain
1
a
permanent
record
of
all
valid
permits
to
carry
2
weapons
and
of
current
permit
revocations.
3
2.
a.
Notwithstanding
any
other
law
or
rule
to
4
the
contrary,
the
commissioner
of
public
safety
and
5
any
issuing
officer
shall
keep
confidential
personally
6
identifiable
information
of
holders
of
nonprofessional
7
permits
to
carry
weapons
and
permits
to
acquire
pistols
8
or
revolvers,
including
but
not
limited
to
the
name,
9
social
security
number,
date
of
birth,
residential
10
or
business
address,
and
driver’s
license
or
other
11
identification
number
of
the
applicant
or
permit
12
holder.
13
b.
This
subsection
shall
not
prohibit
the
14
release
of
statistical
information
relating
to
the
15
issuance,
denial,
revocation,
or
administration
of
16
nonprofessional
permits
to
carry
weapons
and
permits
to
17
acquire
pistols
or
revolvers,
provided
that
the
release
18
of
such
information
does
not
reveal
the
identity
of
any
19
individual
permit
holder.
20
c.
This
subsection
shall
not
prohibit
the
release
21
of
information
to
any
law
enforcement
agency
or
any
22
employee
or
agent
thereof
when
necessary
for
the
23
purpose
of
investigating
a
possible
violation
of
law
24
or
for
conducting
a
lawfully
authorized
background
25
investigation.
26
d.
Except
as
provided
in
paragraphs
“b”
and
“c”
,
27
the
release
of
any
confidential
information
under
this
28
section
shall
require
a
court
order
or
the
consent
of
29
the
person
whose
personally
identifiable
information
is
30
the
subject
of
the
information
request.
31
Sec.
136.
NEW
SECTION
.
724.29A
Fraudulent
purchase
32
of
firearms
or
ammunition.
33
1.
For
purposes
of
this
section:
34
a.
“Ammunition”
means
any
cartridge,
shell,
or
35
projectile
designed
for
use
in
a
firearm.
36
b.
“Licensed
firearms
dealer”
means
a
person
who
is
37
licensed
pursuant
to
18
U.S.C.
§
923
to
engage
in
the
38
business
of
dealing
in
firearms.
39
c.
“Materially
false
information”
means
information
40
that
portrays
an
illegal
transaction
as
legal
or
a
41
legal
transaction
as
illegal.
42
d.
“Private
seller”
means
a
person
who
sells
or
43
offers
for
sale
any
firearm
or
ammunition.
44
2.
A
person
who
knowingly
solicits,
persuades,
45
encourages,
or
entices
a
licensed
firearms
dealer
or
46
private
seller
of
firearms
or
ammunition
to
transfer
47
a
firearm
or
ammunition
under
circumstances
that
the
48
person
knows
would
violate
the
laws
of
this
state
or
of
49
the
United
States
commits
a
class
“D”
felony.
50
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3.
A
person
who
knowingly
provides
materially
1
false
information
to
a
licensed
firearms
dealer
or
2
private
seller
of
firearms
or
ammunition
with
the
3
intent
to
deceive
the
firearms
dealer
or
seller
about
4
the
legality
of
a
transfer
of
a
firearm
or
ammunition
5
commits
a
class
“D”
felony.
6
4.
Any
person
who
willfully
procures
another
to
7
engage
in
conduct
prohibited
by
this
section
shall
be
8
held
accountable
as
a
principal.
9
5.
This
section
shall
not
apply
to
a
law
10
enforcement
officer
acting
in
the
officer’s
official
11
capacity
or
to
a
person
acting
at
the
direction
of
such
12
law
enforcement
officer.
13
Sec.
137.
EFFECTIVE
UPON
ENACTMENT.
This
division
14
of
this
Act,
being
deemed
of
immediate
importance,
15
takes
effect
upon
enactment.
16
Sec.
138.
APPLICABILITY.
The
section
of
this
17
division
of
this
Act
amending
section
724.23
applies
18
to
holders
of
nonprofessional
permits
to
carry
weapons
19
and
permits
to
acquire
pistols
or
revolvers
and
to
20
applicants
for
nonprofessional
permits
to
carry
weapons
21
and
permits
to
acquire
pistols
or
revolvers
on
or
after
22
the
effective
date
of
this
division
of
this
Act.
23
DIVISION
XIV
24
NOTARY
PUBLIC
25
Sec.
139.
Section
9B.15,
subsection
3,
unnumbered
26
paragraph
1,
Code
2013,
is
amended
to
read
as
follows:
27
A
certificate
of
a
notarial
act
is
sufficient
if
it
28
meets
the
requirements
of
subsections
1
and
2
and
all
29
any
of
the
following
apply:
30
Sec.
140.
Section
9B.17,
subsection
1,
paragraph
a,
31
Code
2013,
is
amended
to
read
as
follows:
32
a.
Include
the
notary
public’s
name,
the
words
33
“Notarial
Seal”
and
“Iowa”,
the
words
“Commission
34
Number”
followed
by
a
number
assigned
to
the
notary
35
public
by
the
secretary
of
state,
the
words
“My
36
Commission
Expires”
followed
either
by
the
date
that
37
the
notary
public’s
term
would
ordinarily
expire
as
38
provided
in
section
9B.21
or
a
blank
line
on
which
the
39
notary
public
shall
indicate
the
date
of
expiration,
40
if
any,
of
the
notary
public’s
commission,
as
required
41
by
and
in
satisfaction
of
section
9B.15,
subsection
1,
42
paragraph
“e”
,
and
other
information
required
by
the
43
secretary
of
state.
44
Sec.
141.
Section
321I.31,
subsection
3,
Code
2013,
45
is
amended
to
read
as
follows:
46
3.
An
owner
of
an
all-terrain
vehicle
shall
apply
47
to
the
county
recorder
for
issuance
of
a
certificate
48
of
title
within
thirty
days
after
acquisition.
49
The
application
shall
be
on
forms
the
department
50
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60
prescribes
and
accompanied
by
the
required
fee.
The
1
application
shall
be
signed
and
sworn
to
before
a
2
notary
public
notarial
officer
as
provided
in
chapter
3
9B
or
other
person
who
administers
oaths,
or
shall
4
include
a
certification
signed
in
writing
containing
5
substantially
the
representation
that
statements
made
6
are
true
and
correct
to
the
best
of
the
applicant’s
7
knowledge,
information,
and
belief,
under
penalty
of
8
perjury.
The
application
shall
contain
the
date
of
9
sale
and
gross
price
of
the
all-terrain
vehicle
or
10
the
fair
market
value
if
no
sale
immediately
preceded
11
the
transfer
and
any
additional
information
the
12
department
requires.
If
the
application
is
made
for
13
an
all-terrain
vehicle
last
previously
registered
14
or
titled
in
another
state
or
foreign
country,
the
15
application
shall
contain
this
information
and
any
16
other
information
the
department
requires.
17
Sec.
142.
Section
462A.77,
subsection
4,
Code
2013,
18
is
amended
to
read
as
follows:
19
4.
Every
owner
of
a
vessel
subject
to
titling
20
under
this
chapter
shall
apply
to
the
county
recorder
21
for
issuance
of
a
certificate
of
title
for
the
vessel
22
within
thirty
days
after
acquisition.
The
application
23
shall
be
on
forms
the
department
prescribes,
and
24
accompanied
by
the
required
fee.
The
application
shall
25
be
signed
and
sworn
to
before
a
notary
public
notarial
26
officer
as
provided
in
chapter
9B
or
other
person
who
27
administers
oaths,
or
shall
include
a
certification
28
signed
in
writing
containing
substantially
the
29
representation
that
statements
made
are
true
and
30
correct
to
the
best
of
the
applicant’s
knowledge,
31
information,
and
belief,
under
penalty
of
perjury.
32
The
application
shall
contain
the
date
of
sale
and
33
gross
price
of
the
vessel
or
the
fair
market
value
34
if
no
sale
immediately
preceded
the
transfer,
and
any
35
additional
information
the
department
requires.
If
36
the
application
is
made
for
a
vessel
last
previously
37
registered
or
titled
in
another
state
or
foreign
38
country,
it
shall
contain
this
information
and
any
39
other
information
the
department
requires.
40
Sec.
143.
Section
554.3505,
subsection
2,
Code
41
2013,
is
amended
to
read
as
follows:
42
2.
A
protest
is
a
certificate
of
dishonor
made
by
a
43
United
States
consul
or
vice
consul,
or
a
notary
public
44
notarial
officer
as
provided
in
chapter
9B
or
other
45
person
authorized
to
administer
oaths
by
the
law
of
46
the
place
where
dishonor
occurs.
It
may
be
made
upon
47
information
satisfactory
to
that
person.
The
protest
48
must
identify
the
instrument
and
certify
either
that
49
presentment
has
been
made
or,
if
not
made,
the
reason
50
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60
why
it
was
not
made,
and
that
the
instrument
has
been
1
dishonored
by
nonacceptance
or
nonpayment.
The
protest
2
may
also
certify
that
notice
of
dishonor
has
been
given
3
to
some
or
all
parties.
4
Sec.
144.
Section
589.4,
Code
2013,
is
amended
to
5
read
as
follows:
6
589.4
Acknowledgments
by
corporation
officers.
7
The
acknowledgments
of
all
deeds,
mortgages,
or
8
other
instruments
in
writing
taken
or
certified
more
9
than
ten
years
earlier,
which
instruments
have
been
10
recorded
in
the
recorder’s
office
of
any
county
of
this
11
state,
including
acknowledgments
of
instruments
made
by
12
a
corporation,
or
to
which
the
corporation
was
a
party,
13
or
under
which
the
corporation
was
a
beneficiary,
14
and
which
have
been
acknowledged
before
or
certified
15
by
a
notary
public
notarial
officer
as
provided
in
16
chapter
9B
who
was
at
the
time
of
the
acknowledgment
or
17
certifying
a
stockholder
or
officer
in
the
corporation,
18
are
legal
and
valid
official
acts
of
the
notaries
19
public,
and
entitle
the
instruments
to
be
recorded,
20
anything
in
the
laws
of
the
state
of
Iowa
in
regard
to
21
acknowledgments
to
the
contrary
notwithstanding.
This
22
section
does
not
affect
pending
litigation.
23
Sec.
145.
Section
589.5,
Code
2013,
is
amended
to
24
read
as
follows:
25
589.5
Acknowledgments
by
stockholders.
26
All
deeds
and
conveyances
of
lands
within
this
27
state
executed
more
than
ten
years
earlier,
but
28
which
have
been
acknowledged
or
proved
according
29
to
and
in
compliance
with
the
laws
of
this
state
30
before
a
notary
public
notarial
officer
as
provided
31
in
chapter
9B
or
other
official
authorized
by
law
32
to
take
acknowledgments
who
was,
at
the
time
of
33
the
acknowledgment,
an
officer
or
stockholder
of
a
34
corporation
interested
in
the
deed
or
conveyance,
or
35
otherwise
interested
in
the
deeds
or
conveyances,
are,
36
if
otherwise
valid,
valid
in
law
as
though
acknowledged
37
or
proved
before
an
officer
not
interested
in
the
38
deeds
or
conveyances;
and
if
recorded
more
than
ten
39
years
earlier,
in
the
respective
counties
in
which
40
the
lands
are,
the
records
are
valid
in
law
as
though
41
the
deeds
and
conveyances,
so
acknowledged
or
proved
42
and
recorded,
had,
prior
to
being
recorded,
been
43
acknowledged
or
proved
before
an
officer
having
no
44
interest
in
the
deeds
or
conveyances.
45
Sec.
146.
Section
622.86,
Code
2013,
is
amended
to
46
read
as
follows:
47
622.86
Foreign
affidavits.
48
Those
taken
out
of
the
state
before
any
judge
or
49
clerk
of
a
court
of
record,
or
before
a
notary
public
50
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notarial
officer
as
provided
in
chapter
9B
,
or
a
1
commissioner
appointed
by
the
governor
of
this
state
to
2
take
acknowledgment
of
deeds
in
the
state
where
such
3
affidavit
is
taken,
are
of
the
same
credibility
as
if
4
taken
within
the
state.
5
DIVISION
XV
6
FINANCIAL
LITERACY
7
Sec.
147.
FINANCIAL
LITERACY
PROGRAM.
There
is
8
transferred
from
the
general
fund
of
the
state
to
the
9
banking
division
within
the
department
of
commerce
for
10
the
fiscal
year
beginning
July
1,
2013,
and
ending
June
11
30,
2014,
the
following
amount,
or
so
much
thereof
as
12
is
necessary,
for
the
purposes
designated:
13
For
deposit
in
the
banking
division
financial
14
literacy
fund
created
in
section
524.107A
to
support
15
financial
literacy
education
as
determined
by
the
16
banking
division
through
a
bank,
bank
holding
company,
17
savings
bank,
or
savings
and
loan
association
organized
18
under
the
law
of
this
state,
another
state,
or
the
19
United
States:
20
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
50,000
21
Sec.
148.
NEW
SECTION
.
524.107A
Financial
literacy
22
fund.
23
A
financial
literacy
fund
is
created
in
the
state
24
treasury
under
the
authority
of
the
superintendent.
25
Moneys
credited
to
the
fund
for
a
fiscal
year
are
26
appropriated
to
the
banking
division
to
be
used
for
27
financial
literacy
program
activities.
Moneys
in
the
28
fund
shall
not
be
used
for
administrative
purposes.
29
Notwithstanding
section
8.33,
moneys
credited
to
the
30
fund
that
remain
unencumbered
or
unobligated
at
the
31
close
of
the
fiscal
year
shall
not
revert
but
shall
32
remain
available
for
expenditure
for
the
purposes
33
designated
until
the
close
of
the
succeeding
fiscal
34
year.
Notwithstanding
section
12C.7,
subsection
2,
35
interest
or
earnings
on
moneys
deposited
in
the
fund
36
shall
be
credited
to
the
fund.
37
DIVISION
XVI
38
PRACTICE
BY
BUSINESS
ENTITIES
39
Sec.
149.
REPEAL.
2013
Iowa
Acts,
Senate
File
181,
40
section
29,
is
repealed.
41
Sec.
150.
RETROACTIVE
APPLICABILITY.
This
division
42
of
this
Act
applies
retroactively
to
March
28,
2013.
43
Sec.
151.
EFFECTIVE
UPON
ENACTMENT.
This
division
44
of
this
Act,
being
deemed
of
immediate
importance,
45
takes
effect
upon
enactment.
46
DIVISION
XVII
47
MANUFACTURED
AND
MOBILE
HOMES
48
Sec.
152.
Section
435.1,
subsection
6,
Code
2013,
49
is
amended
to
read
as
follows:
50
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85
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60
6.
“Mobile
home
park”
means
a
site,
lot,
field,
1
or
tract
of
land
upon
which
three
or
more
mobile
2
homes
,
or
manufactured
homes,
modular
homes,
motor
3
homes,
recreational
park
trailers,
travel
trailers,
4
or
a
combination
of
any
of
these
homes
or
trailers
,
5
are
placed
on
developed
spaces
pursuant
to
a
rental
6
agreement
as
defined
in
section
562B.7
and
operated
7
as
a
for-profit
enterprise
with
water,
sewer
or
8
septic,
and
electrical
services
available.
The
term
9
“mobile
home
park”
shall
not
be
construed
to
include
10
manufactured
or
mobile
homes,
buildings,
tents,
11
or
other
structures
temporarily
maintained
by
any
12
individual,
educational
institution,
or
company
on
13
their
own
premises
and
used
exclusively
to
house
their
14
own
labor
or
students.
The
term
“mobile
home
park”
15
shall
not
be
construed
to
include
a
campground
as
16
defined
in
section
557B.1.
17
Sec.
153.
Section
435.1,
Code
2013,
is
amended
by
18
adding
the
following
new
subsections:
19
NEW
SUBSECTION
.
8.
“Motor
home”
means
the
same
as
20
defined
in
section
321.1,
subsection
36C.
21
NEW
SUBSECTION
.
9.
“Recreational
park
trailer”
22
means
a
recreational
vehicle
built
on
a
single
chassis,
23
mounted
on
wheels,
which
may
be
connected
to
utilities
24
necessary
for
operation
of
installed
fixtures
and
25
appliances,
with
a
gross
trailer
area
not
exceeding
26
four
hundred
square
feet
when
in
the
set-up
mode,
and
27
certified
by
the
manufacturer
as
complying
with
the
28
American
national
standards
institute
construction
29
standard
commonly
referred
to
as
“ANSI
A
119.5”.
30
Sec.
154.
Section
562B.7,
subsection
7,
Code
2013,
31
is
amended
to
read
as
follows:
32
7.
“Mobile
home
park”
shall
mean
any
means
a
site,
33
lot,
field
,
or
tract
of
land
upon
which
three
or
34
more
mobile
homes,
manufactured
homes,
or
modular
35
homes
,
motor
homes,
recreational
park
trailers,
travel
36
trailers,
or
a
combination
of
any
of
these
homes
37
or
trailers
are
placed
on
developed
spaces
pursuant
38
to
a
rental
agreement
and
operated
as
a
for-profit
39
enterprise
with
water,
sewer
or
septic,
and
electrical
40
services
available.
The
term
“mobile
home
park”
41
shall
not
be
construed
to
include
manufactured
or
42
mobile
homes,
buildings,
tents,
or
other
structures
43
temporarily
maintained
by
any
individual,
educational
44
institution,
or
company
on
their
own
premises
and
used
45
exclusively
to
house
their
own
labor
or
students.
46
The
term
“mobile
home
park”
shall
not
be
construed
to
47
include
a
campground
as
defined
in
section
557B.1.
48
Sec.
155.
Section
562B.7,
Code
2013,
is
amended
by
49
adding
the
following
new
subsections:
50
-48-
SF452.2181.H
(2)
85
md
48/
60
NEW
SUBSECTION
.
8A.
“Motor
home”
means
the
same
as
1
defined
in
section
321.1,
subsection
36C.
2
NEW
SUBSECTION
.
9A.
“Recreational
park
trailer”
3
means
a
recreational
vehicle
built
on
a
single
chassis,
4
mounted
on
wheels,
which
may
be
connected
to
utilities
5
necessary
for
operation
of
installed
fixtures
and
6
appliances,
with
a
gross
trailer
area
not
exceeding
7
four
hundred
square
feet
when
in
the
set-up
mode,
and
8
certified
by
the
manufacturer
as
complying
with
the
9
American
national
standards
institute
construction
10
standard
commonly
referred
to
as
“ANSI
A
119.5”.
11
DIVISION
XVIII
12
MH/DS
SYSTEM
REDESIGN
——
IMPLEMENTATION
13
REGIONAL
FORMATION
REQUIREMENTS
14
Sec.
156.
Section
331.389,
subsection
3,
paragraph
15
a,
Code
2013,
is
amended
to
read
as
follows:
16
a.
The
counties
comprising
the
region
are
17
contiguous
except
that
a
region
may
include
a
county
18
that
is
not
contiguous
with
any
of
the
other
counties
19
in
the
region,
if
the
county
that
is
not
contiguous
has
20
had
a
formal
relationship
for
two
years
or
longer
with
21
one
or
more
of
the
other
counties
in
the
region
for
the
22
provision
of
mental
health
and
disability
services
.
23
ELIGIBILITY
MAINTENANCE
24
Sec.
157.
Section
331.396,
subsection
1,
Code
2013,
25
is
amended
by
adding
the
following
new
paragraph:
26
NEW
PARAGRAPH
.
0d.
Notwithstanding
paragraphs
27
“a”
through
“c”
,
the
person
is
an
adult
or
child
who
28
received
mental
health
services
from
a
county
in
29
accordance
with
the
county’s
service
management
plan
30
approved
under
section
331.439,
Code
2013.
31
Sec.
158.
Section
331.396,
subsection
2,
Code
2013,
32
is
amended
by
adding
the
following
new
paragraph:
33
NEW
PARAGRAPH
.
0d.
Notwithstanding
paragraphs
34
“a”
through
“c”
,
the
person
is
an
adult
or
child
who
35
received
intellectual
disability
services
from
a
county
36
in
accordance
with
the
county’s
service
management
plan
37
approved
in
accordance
with
section
331.439,
Code
2013.
38
Sec.
159.
Section
331.397,
subsection
2,
paragraph
39
b,
Code
2013,
is
amended
to
read
as
follows:
40
b.
Until
funding
is
designated
for
other
service
41
populations,
eligibility
for
the
service
domains
42
listed
in
this
section
shall
be
limited
to
such
persons
43
who
are
in
need
of
mental
health
or
intellectual
44
disability
services.
However,
if
a
county
in
a
region
45
was
providing
services
to
an
individual
child
or
to
an
46
individual
adult
person
with
a
developmental
disability
47
other
than
intellectual
disability
or
a
brain
injury
48
prior
to
formation
of
the
region,
the
individual
child
49
or
adult
person
shall
remain
eligible
for
the
services
50
-49-
SF452.2181.H
(2)
85
md
49/
60
provided
when
the
region
is
formed,
provided
that
funds
1
are
available
to
continue
such
services.
2
STATE
PAYMENTS
TO
REGION
3
Sec.
160.
Section
426B.3,
subsection
4,
as
enacted
4
by
2012
Iowa
Acts,
chapter
1120,
section
137,
is
5
amended
to
read
as
follows:
6
4.
a.
For
the
fiscal
years
beginning
July
1,
2013,
7
and
July
1,
2014,
a
county
with
a
county
population
8
expenditure
target
amount
that
exceeds
the
amount
of
9
the
county’s
base
year
expenditures
for
mental
health
10
and
disabilities
services
shall
receive
an
equalization
11
payment
for
the
difference.
12
b.
The
equalization
payments
determined
in
13
accordance
with
this
subsection
shall
be
made
by
the
14
department
of
human
services
for
each
fiscal
year
as
15
provided
in
appropriations
made
from
the
property
tax
16
relief
fund
for
this
purpose.
If
the
county
is
part
of
17
a
region
that
has
been
approved
by
the
department
in
18
accordance
with
section
331.389,
to
commence
partial
19
or
full
operations,
the
county’s
equalization
payment
20
shall
be
remitted
to
the
region
for
expenditure
as
21
approved
by
the
region’s
governing
board.
The
payment
22
for
a
county
that
has
been
approved
by
the
department
23
to
operate
as
an
individual
county
region
shall
be
24
remitted
to
the
county
for
expenditure
as
approved
by
25
the
county
board
of
supervisors.
For
the
fiscal
year
26
beginning
July
1,
2013,
and
succeeding
fiscal
years,
27
the
payment
shall
be
remitted
on
or
before
December
28
31
only
for
those
counties
approved
to
operate
as
an
29
individual
county
region
or
to
be
part
of
a
region.
30
Remittance
of
the
payment
for
a
county
without
such
31
approval
shall
be
deferred
until
such
approval
is
32
granted.
33
STRATEGIC
PLAN
REQUIREMENT
FOR
FY
2013-2014
34
Sec.
161.
2012
Iowa
Acts,
chapter
1128,
section
8,
35
is
amended
to
read
as
follows:
36
SEC.
8.
COUNTY
MENTAL
HEALTH,
MENTAL
RETARDATION
37
INTELLECTUAL
DISABILITY
,
AND
DEVELOPMENTAL
38
DISABILITIES
SERVICES
MANAGEMENT
PLAN
——
STRATEGIC
39
PLAN.
Notwithstanding
section
331.439,
subsection
40
1
,
paragraph
“b”,
subparagraph
(3),
counties
are
not
41
required
to
submit
a
three-year
strategic
plan
by
42
April
1,
2012,
to
the
department
of
human
services.
A
43
county’s
strategic
plan
in
effect
as
of
the
effective
44
date
of
this
section
shall
remain
in
effect
until
the
45
regional
service
system
management
plan
for
the
region
46
to
which
the
county
belongs
is
approved
in
accordance
47
with
section
331.393
,
subject
to
modification
before
48
that
date
as
necessary
to
conform
with
statutory
49
changes
affecting
the
plan
and
any
amendments
to
the
50
-50-
SF452.2181.H
(2)
85
md
50/
60
plan
that
are
adopted
in
accordance
with
law
.
1
TRANSITION
FUNDS
——
FY
2012-2013
2
Sec.
162.
2013
Iowa
Acts,
House
File
160,
section
3
1,
is
amended
by
adding
the
following
new
subsection:
4
NEW
SUBSECTION
.
4.
A
county
receiving
an
5
allocation
under
this
section
may
use
the
allocation
6
to
pay
for
non-Medicaid
mental
health
and
disability
7
services
provided
during
the
state
fiscal
year
8
beginning
July
1,
2012,
and
for
the
county’s
unpaid
9
obligation
for
non-Medicaid
bills
for
services
provided
10
in
prior
state
fiscal
years.
Moneys
allocated
in
this
11
section
shall
not
be
used
for
services
provided
in
12
the
state
fiscal
year
beginning
July
1,
2013.
Moneys
13
allocated
to
a
county
under
this
section
that
remain
14
unencumbered
or
unobligated
at
the
close
of
the
state
15
fiscal
year
beginning
July
1,
2012,
shall
be
remitted
16
to
the
department
on
or
before
December
15,
2013.
17
TRANSITION
FUND
——
SERVICES
MAINTENANCE
18
Sec.
163.
TRANSITION
FUND
——
SERVICES
19
MAINTENANCE.
A
county
receiving
an
allocation
of
20
funding
from
the
mental
health
and
disability
services
21
redesign
transition
fund
created
in
2012
Iowa
Acts,
22
chapter
1120,
section
23,
shall
utilize
the
allocation
23
so
that
the
services
available
to
an
individual
child
24
or
other
individual
person
in
accordance
with
the
25
county’s
approved
service
management
plan
in
effect
as
26
of
June
30,
2012,
remain
in
place
provided
the
child
or
27
other
person
continues
to
comply
with
the
eligibility
28
requirements
applicable
under
the
plan
as
of
that
date.
29
REDESIGN
EQUALIZATION
PAYMENT
APPROPRIATION
30
Sec.
164.
MENTAL
HEALTH
AND
DISABILITY
SERVICES
——
31
EQUALIZATION
PAYMENTS
TRANSFER
AND
APPROPRIATION.
32
1.
There
is
transferred
from
the
general
fund
of
33
the
state
to
the
department
of
human
services
for
the
34
fiscal
year
beginning
July
1,
2013,
and
ending
June
30,
35
2014,
the
following
amount,
or
so
much
thereof
as
is
36
necessary,
to
be
used
for
the
purposes
designated:
37
For
deposit
in
the
property
tax
relief
fund
created
38
in
section
426B.1,
for
distribution
as
provided
in
this
39
section:
40
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
29,820,478
41
2.
The
moneys
credited
to
the
property
tax
relief
42
fund
in
accordance
with
this
section
are
appropriated
43
to
the
department
of
human
services
for
distribution
44
of
equalization
payments
for
counties
in
the
amounts
45
specified
in
section
426B.3,
subsection
4,
as
enacted
46
by
2012
Iowa
Acts,
chapter
1120,
section
137,
for
the
47
fiscal
year
beginning
July
1,
2013.
If
the
county
48
is
part
of
a
region
that
has
been
approved
by
the
49
department
in
accordance
with
section
331.389,
to
50
-51-
SF452.2181.H
(2)
85
md
51/
60
commence
partial
or
full
operations,
the
county’s
1
equalization
payment
shall
be
remitted
to
the
region
2
for
expenditure
as
approved
by
the
region’s
governing
3
board.
4
3.
a.
For
the
purposes
of
this
subsection,
5
“payment
obligation”
means
an
outstanding
obligation
6
for
payment
to
the
department
of
human
services
for
the
7
undisputed
cost
of
services
provided
under
the
medical
8
assistance
program
prior
to
July
1,
2012,
or
for
the
9
undisputed
cost
of
non-Medicaid
services
provided
prior
10
to
July
1,
2013.
11
b.
(1)
If
a
county
with
a
payment
obligation
12
has
not
either
satisfied
the
payment
obligation
on
13
or
before
June
28,
2013,
or
received
approval
by
the
14
director
of
human
services
for
a
repayment
plan
for
15
the
obligation
in
accordance
with
subparagraph
(2),
16
the
department
shall
offset
up
to
the
amount
of
the
17
obligation
any
amount
otherwise
payable
to
or
for
the
18
county
under
this
section
or
under
the
mental
health
19
and
disability
regional
services
fund
created
in
2012
20
Iowa
Acts,
chapter
1120,
section
9.
Any
offset
amount
21
shall
be
transferred
to
the
appropriation
made
for
22
the
medical
assistance
program
for
the
fiscal
year
23
beginning
July
1,
2012,
in
2011
Iowa
Acts,
chapter
24
1133,
section
122.
The
department
shall
credit
a
25
county’s
payment
obligation
with
any
amount
owed
by
26
the
department
to
the
county
for
mental
health
or
27
disability
services
provided
through
June
30,
2013.
28
(2)
A
county
with
a
payment
obligation
may
submit
29
a
request
to
the
department
to
enter
into
a
repayment
30
plan
to
satisfy
the
payment
obligation
during
the
31
fiscal
year
beginning
July
1,
2013.
The
request
must
32
be
submitted
to
the
department
on
or
before
June
15,
33
2013.
The
terms
of
a
repayment
plan
shall
require
34
the
payment
obligation
to
be
paid
in
full
by
the
35
close
of
the
fiscal
year
beginning
July
1,
2013,
and
36
provide,
after
county
payments
for
the
fiscal
year
are
37
made
in
accordance
with
the
plan,
that
the
projected
38
ending
balance
of
the
county’s
services
fund
under
39
section
331.424A
be
equal
to
at
least
15
percent
of
40
the
projected
gross
revenue
for
the
services
fund
41
for
the
fiscal
year.
The
terms
may
also
allow
for
42
the
department
to
authorize
remittance
of
all
or
a
43
portion
of
the
amount
otherwise
payable
to
or
for
the
44
county
under
this
section
or
under
the
mental
health
45
and
disability
regional
services
fund
created
in
2012
46
Iowa
Acts,
chapter
1120,
section
9,
during
or
upon
47
completion
of
the
repayment
plan.
A
payment
plan
48
entered
into
under
this
subparagraph
and
its
terms
and
49
conditions
are
subject
to
approval
of
the
director
of
50
-52-
SF452.2181.H
(2)
85
md
52/
60
human
services.
The
director’s
approval
process
shall
1
be
completed
on
or
before
July
30,
2013.
2
c.
The
equalization
payment
under
this
section
for
3
a
county
that
is
not
subject
to
paragraph
“b”
shall
be
4
remitted
on
or
before
July
15,
2013.
5
MEDICAID
OBLIGATION
COST
SETTLEMENT
6
Sec.
165.
COUNTY
MEDICAL
ASSISTANCE
NONFEDERAL
7
SHARE
——
COST
SETTLEMENT.
Any
county
obligation
for
8
payment
to
the
department
of
human
services
of
the
9
nonfederal
share
of
the
cost
of
services
provided
under
10
the
medical
assistance
program
prior
to
July
1,
2012,
11
pursuant
to
sections
249A.12
and
249A.26,
shall
remain
12
at
the
amount
billed
through
the
period
ending
June
30,
13
2013.
The
final
monthly
billings
for
the
obligations
14
shall
be
remitted
to
counties
on
or
before
August
1,
15
2013.
Any
adjustments
to
the
final
amounts
billed
for
16
such
services
that
occur
on
or
after
July
1,
2013,
17
shall
be
applied
to
the
appropriation
made
to
the
18
department
of
human
services
from
the
general
fund
of
19
the
state
for
the
medical
assistance
program
for
the
20
fiscal
year
beginning
July
1,
2013.
21
TRANSITION
FROM
LEGAL
SETTLEMENT
TO
RESIDENCY
22
Sec.
166.
MENTAL
HEALTH
AND
DISABILITY
REGIONAL
23
SERVICES
FUND
——
FY
2013-2014.
Moneys
credited
to
24
the
mental
health
and
disability
regional
services
25
fund
created
in
2012
Iowa
Acts,
chapter
1120,
section
26
9,
for
the
fiscal
year
beginning
July
1,
2013,
are
27
appropriated
to
the
department
for
distribution
to
28
be
used
to
pay
the
costs
of
county
or
regionally
29
administered
non-Medicaid
mental
health
and
disability
30
services.
The
department
of
human
services
shall
31
determine
the
financial
need
of
counties
as
necessary
32
to
minimize
the
effects
of
the
change
in
determining
33
the
financial
responsibility
for
such
services
based
34
on
legal
settlement
to
residency.
If
the
county
of
35
residence
is
part
of
a
region
that
has
been
approved
36
by
the
department
in
accordance
with
section
331.389,
37
to
commence
partial
or
full
operations,
the
moneys
38
appropriated
by
this
section
shall
be
remitted
to
the
39
region
for
expenditure
as
approved
by
the
region’s
40
governing
board.
41
COUNTY
MENTAL
HEALTH
AND
DISABILITY
42
SERVICES
FUND
——
FY
2013-2014
43
Sec.
167.
SERVICES
FUND
——
MANAGEMENT
PLAN.
For
44
the
fiscal
year
beginning
July
1,
2013,
and
ending
45
June
30,
2014,
the
appropriations
made
by
the
county
46
board
of
supervisors
for
payment
for
mental
health
47
and
disability
services
pursuant
to
section
331.424A,
48
subsection
3,
as
enacted
by
2012
Iowa
Acts,
chapter
49
1120,
section
132,
shall
be
made
in
accordance
with
the
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county’s
service
management
plan
approved
under
section
1
331.439,
Code
2013,
until
the
county
management
plan
is
2
replaced
by
a
regional
service
system
management
plan
3
approved
under
section
331.393.
4
Sec.
168.
EFFECTIVE
UPON
ENACTMENT.
This
division
5
of
this
Act,
being
deemed
of
immediate
importance,
6
takes
effect
upon
enactment.
7
DIVISION
XIX
8
DATA
AND
STATISTICAL
INFORMATION
AND
OUTCOME
AND
9
PERFORMANCE
MEASURES
10
Sec.
169.
Section
225C.4,
subsection
1,
paragraph
11
j,
Code
2013,
is
amended
to
read
as
follows:
12
j.
Establish
and
maintain
a
data
collection
and
13
management
information
system
oriented
to
the
needs
of
14
patients,
providers,
the
department,
and
other
programs
15
or
facilities
in
accordance
with
section
225C.6A
.
The
16
system
shall
be
used
to
identify,
collect,
and
analyze
17
service
outcome
and
performance
measures
data
in
order
18
to
assess
the
effects
of
the
services
on
the
persons
19
utilizing
the
services.
The
administrator
shall
20
annually
submit
to
the
commission
information
collected
21
by
the
department
indicating
the
changes
and
trends
22
in
the
disability
services
system.
The
administrator
23
shall
make
the
outcome
data
available
to
the
public.
24
Sec.
170.
Section
225C.6A,
Code
2013,
is
amended
to
25
read
as
follows:
26
225C.6A
Disability
services
system
redesign
central
27
data
repository
.
28
1.
The
commission
department
shall
do
the
following
29
relating
to
redesign
of
data
concerning
the
disability
30
services
system
in
the
state:
31
1.
Identify
sources
of
revenue
to
support
statewide
32
delivery
of
core
disability
services
to
eligible
33
disability
populations.
34
2.
Ensure
there
is
a
continuous
improvement
process
35
for
development
and
maintenance
of
the
disability
36
services
system
for
adults
and
children.
The
process
37
shall
include
but
is
not
limited
to
data
collection
and
38
reporting
provisions.
39
3.
a.
Plan,
collect,
and
analyze
data
as
necessary
40
to
issue
cost
estimates
for
serving
additional
41
populations
and
providing
core
disability
services
42
statewide.
The
department
shall
maintain
compliance
43
with
applicable
federal
and
state
privacy
laws
44
to
ensure
the
confidentiality
and
integrity
of
45
individually
identifiable
disability
services
data.
46
The
department
shall
regularly
may
periodically
assess
47
the
status
of
the
compliance
in
order
to
assure
that
48
data
security
is
protected.
49
b.
In
implementing
Implement
a
system
central
data
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repository
under
this
subsection
section
for
collecting
1
and
analyzing
state,
county
and
region
,
and
private
2
contractor
data
,
the
.
The
department
shall
establish
3
a
client
identifier
for
the
individuals
receiving
4
services.
The
client
identifier
shall
be
used
in
lieu
5
of
the
individual’s
name
or
social
security
number.
6
The
client
identifier
shall
consist
of
the
last
four
7
digits
of
an
individual’s
social
security
number,
the
8
first
three
letters
of
the
individual’s
last
name,
the
9
individual’s
date
of
birth,
and
the
individual’s
gender
10
in
an
order
determined
by
the
department.
11
c.
Consult
on
an
ongoing
basis
with
regional
12
administrators,
service
providers,
and
other
13
stakeholders
in
implementing
the
central
data
14
repository
and
operations
of
the
repository.
The
15
consultation
shall
focus
on
minimizing
the
state
and
16
local
costs
associated
with
operating
the
repository.
17
d.
Engage
with
other
state
and
local
government
18
and
nongovernmental
entities
operating
the
Iowa
19
health
information
network
under
chapter
135
and
20
other
data
systems
that
maintain
information
relating
21
to
individuals
with
information
in
the
central
data
22
repository
in
order
to
integrate
data
concerning
23
individuals.
24
c.
2.
A
county
or
region
shall
not
be
required
to
25
utilize
a
uniform
data
operational
or
transactional
26
system.
However,
the
system
utilized
shall
have
the
27
capacity
to
exchange
information
with
the
department,
28
counties
and
regions,
contractors,
and
others
involved
29
with
services
to
persons
with
a
disability
who
have
30
authorized
access
to
the
central
data
repository.
The
31
information
exchanged
shall
be
labeled
consistently
32
and
share
the
same
definitions.
Each
county
33
regional
administrator
shall
regularly
report
to
the
34
department
annually
on
or
before
December
1,
for
the
35
preceding
fiscal
year
the
following
information
for
36
each
individual
served:
demographic
information,
37
expenditure
data,
and
data
concerning
the
services
and
38
other
support
provided
to
each
individual,
as
specified
39
in
administrative
rule
adopted
by
the
commission
by
the
40
department
.
41
4.
Work
with
county
representatives
and
other
42
qualified
persons
to
develop
an
implementation
plan
43
for
replacing
the
county
of
legal
settlement
approach
44
to
determining
service
system
funding
responsibilities
45
with
an
approach
based
upon
residency.
The
plan
shall
46
address
a
statewide
standard
for
proof
of
residency,
47
outline
a
plan
for
establishing
a
data
system
for
48
identifying
residency
of
eligible
individuals,
address
49
residency
issues
for
individuals
who
began
residing
50
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in
a
county
due
to
a
court
order
or
criminal
sentence
1
or
to
obtain
services
in
that
county,
recommend
an
2
approach
for
contesting
a
residency
determination,
and
3
address
other
implementation
issues.
4
3.
The
outcome
and
performance
measures
applied
5
to
the
regional
disability
services
system
shall
6
utilize
measurement
domains.
The
department
may
7
identify
other
measurement
domains
in
consultation
with
8
system
stakeholders
to
be
utilized
in
addition
to
the
9
following
initial
set
of
measurement
domains:
10
a.
Access
to
services.
11
b.
Life
in
the
community.
12
c.
Person-centeredness.
13
d.
Health
and
wellness.
14
e.
Quality
of
life
and
safety.
15
f.
Family
and
natural
supports.
16
4.
a.
The
processes
used
for
collecting
outcome
17
and
performance
measures
data
shall
include
but
are
18
not
limited
to
direct
surveys
of
the
individuals
and
19
families
receiving
services
and
the
providers
of
the
20
services.
The
department
shall
involve
a
workgroup
of
21
persons
who
are
knowledgeable
about
both
the
regional
22
service
system
and
survey
techniques
to
implement
and
23
maintain
the
processes.
The
workgroup
shall
conduct
24
an
ongoing
evaluation
for
the
purpose
of
eliminating
25
the
collection
of
information
that
is
not
utilized.
26
The
surveys
shall
be
conducted
with
a
conflict-free
27
approach
in
which
someone
other
than
a
provider
of
28
services
surveys
an
individual
receiving
the
services.
29
b.
The
outcome
and
performance
measures
data
30
shall
encompass
and
provide
a
means
to
evaluate
both
31
the
regional
services
and
the
services
funded
by
the
32
medical
assistance
program
provided
to
the
same
service
33
populations.
34
c.
The
department
shall
develop
and
implement
an
35
internet-based
approach
with
graphical
display
of
36
information
to
provide
outcome
and
performance
measures
37
data
to
the
public
and
those
engaged
with
the
regional
38
service
system.
39
d.
The
department
shall
include
any
significant
40
costs
for
collecting
and
interpreting
outcome
and
41
performance
measures
and
other
data
in
the
department’s
42
operating
budget.
43
Sec.
171.
REPEAL.
The
amendment
to
section
225C.4,
44
subsection
1,
paragraph
j,
in
2012
Iowa
Acts,
chapter
45
1120,
section
2,
is
repealed.
46
Sec.
172.
REPEAL.
The
amendments
to
section
47
225C.6A,
in
2012
Iowa
Acts,
chapter
1120,
sections
6,
48
7,
and
95,
are
repealed.
49
DIVISION
XX
50
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CHILDREN’S
CABINET
1
Sec.
173.
NEW
SECTION
.
242.1
Findings.
2
The
general
assembly
finds
there
is
a
need
for
a
3
state-level
children’s
cabinet
to
provide
guidance,
4
oversight,
problem
solving,
long-term
strategy
5
development,
and
collaboration
among
the
state
and
6
local
efforts
to
build
a
comprehensive,
coordinated
7
system
to
promote
the
well-being
of
the
children
in
8
this
state
and
to
address
the
needs
of
children
for
9
mental
health
treatment
and
other
specialized
services.
10
Sec.
174.
NEW
SECTION
.
242.2
Children’s
cabinet
11
established.
12
There
is
established
within
the
department
of
human
13
services
a
children’s
cabinet.
14
1.
The
voting
members
of
the
children’s
cabinet
15
shall
consist
of
the
following:
16
a.
The
director
of
the
department
of
education
or
17
the
director’s
designee.
18
b.
The
director
of
the
department
of
human
services
19
or
the
director’s
designee.
This
member
shall
be
20
chairperson
of
the
cabinet.
21
c.
The
director
of
the
department
of
public
health
22
or
the
director’s
designee.
23
d.
A
parent
of
a
child
with
a
severe
emotional
24
disturbance
or
a
disability
who
is
the
primary
25
caregiver
for
that
child,
appointed
by
the
governor.
26
e.
A
juvenile
court
judge
or
juvenile
court
officer
27
appointed
by
the
chief
justice
of
the
supreme
court.
28
f.
A
community-based
provider
of
child
welfare,
29
health,
or
juvenile
justice
services
to
children,
30
appointed
by
the
director
of
human
services.
31
g.
A
member
of
the
early
childhood
Iowa
state
32
board,
appointed
by
the
state
board.
33
h.
A
community
stakeholder
who
is
not
affiliated
34
with
a
provider
of
services,
appointed
by
the
governor.
35
i.
Not
more
than
three
other
members,
including
36
a
pediatrician,
designated
by
the
cabinet
chairperson
37
to
ensure
adequate
representation
of
the
persons
and
38
interests
who
may
be
affected
by
the
recommendations
39
made
by
the
cabinet.
40
2.
In
addition
to
the
voting
members,
there
41
shall
be
four
ex
officio,
nonvoting
members
of
the
42
children’s
cabinet.
These
members
shall
be
two
state
43
representatives,
one
appointed
by
the
speaker
of
44
the
house
of
representatives
and
one
by
the
minority
45
leader
of
the
house
of
representatives,
and
two
state
46
senators,
one
appointed
by
the
majority
leader
of
the
47
senate
and
one
by
the
minority
leader
of
the
senate.
48
3.
a.
The
voting
members,
other
than
department
49
directors
and
their
designees,
shall
be
appointed
for
50
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four-year
terms.
The
terms
of
such
members
begin
on
1
May
1
in
the
year
of
appointment
and
expire
on
April
30
2
in
the
year
of
expiration.
3
b.
Vacancies
shall
be
filled
in
the
same
manner
as
4
original
appointments.
A
vacancy
shall
be
filled
for
5
the
unexpired
term.
6
c.
The
voting
members
shall
receive
actual
and
7
necessary
expenses
incurred
in
the
performance
of
their
8
duties
and
legislative
members
shall
be
compensated
as
9
provided
in
section
2.32A.
10
4.
Staffing
services
for
the
children’s
cabinet
11
shall
be
provided
by
the
department
of
human
services.
12
Sec.
175.
NEW
SECTION
.
242.3
Duties.
13
The
children’s
cabinet
shall
perform
the
following
14
duties
to
address
the
needs
of
children
and
families
in
15
this
state:
16
1.
Recommend
operating
provisions
for
health
homes
17
for
children
implemented
by
the
department
of
human
18
services.
The
provisions
shall
include
but
are
not
19
limited
to
all
of
the
following:
20
a.
Identification
of
quality
expectations.
21
b.
Identification
of
performance
criteria.
22
c.
Provisions
for
monitoring
the
implementation
of
23
specialized
health
homes.
24
2.
Gather
information
and
improve
the
understanding
25
of
policymakers
and
the
public
of
how
the
various
26
service
systems
intended
to
meet
the
needs
of
children
27
and
families
operate
at
the
local
level.
28
3.
Address
areas
of
overlap,
gaps,
and
conflict
29
between
service
systems.
30
4.
Support
the
evolution
of
service
systems
in
31
implementing
new
services
and
enhancing
existing
32
services
to
address
the
needs
of
children
and
families
33
through
process
improvement
methodologies.
34
5.
Assist
policymakers
and
service
system
users
in
35
understanding
and
effectively
managing
system
costs.
36
6.
Ensure
services
offered
are
evidence-based.
37
7.
Issue
guidelines
to
enable
the
services
and
38
other
support
which
is
provided
by
or
under
the
control
39
of
state
entities
and
delivered
at
the
local
level
to
40
have
sufficient
flexibility
to
engage
local
resources
41
and
meet
unique
needs
of
children
and
families.
42
8.
Integrate
efforts
of
policymakers
and
service
43
providers
to
improve
the
well-being
of
community
44
members
in
addition
to
children
and
families.
45
9.
Implement
strategies
so
that
the
children
and
46
families
engaged
with
the
service
systems
avoid
the
47
need
for
higher
level
services
and
other
support.
48
10.
Submit
a
report
annually
by
December
15
to
the
49
governor,
general
assembly,
and
supreme
court
providing
50
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60
findings
and
recommendations
and
issue
other
reports
as
1
deemed
necessary
by
the
cabinet.
The
reports
submitted
2
or
issued
by
the
children’s
cabinet
shall
be
posted
on
3
the
department’s
internet
site.
4
Sec.
176.
INITIAL
TERMS.
Notwithstanding
section
5
242.2,
subsection
3,
paragraph
“a”,
as
enacted
by
6
this
division
of
this
Act,
the
appointing
authorities
7
for
the
members
of
the
children’s
cabinet
created
by
8
this
division
of
this
Act
who
are
subject
to
terms
of
9
service
shall
be
coordinated
so
that
the
initial
terms
10
of
approximately
half
of
such
members
are
two
years
and
11
the
remainder
are
for
four
years
and
remain
staggered
12
thereafter.
13
DIVISION
XXI
14
NEWBORN
CRITICAL
CONGENITAL
HEART
DISEASE
SCREENING
15
Sec.
177.
NEW
SECTION
.
136A.5A
Newborn
critical
16
congenital
heart
disease
screening.
17
1.
Each
newborn
born
in
this
state
shall
receive
18
a
critical
congenital
heart
disease
screening
by
19
pulse
oximetry
or
other
means
as
determined
by
rule,
20
in
conjunction
with
the
metabolic
screening
required
21
pursuant
to
section
136A.5.
22
2.
An
attending
health
care
provider
shall
ensure
23
that
every
newborn
under
the
provider’s
care
receives
24
the
critical
congenital
heart
disease
screening.
25
3.
This
section
does
not
apply
if
a
parent
objects
26
to
the
screening.
If
a
parent
objects
to
the
screening
27
of
a
newborn,
the
attending
health
care
provider
shall
28
document
the
refusal
in
the
newborn’s
medical
record
29
and
shall
obtain
a
written
refusal
from
the
parent
and
30
report
the
refusal
to
the
department.
31
4.
Notwithstanding
any
provision
to
the
contrary,
32
the
results
of
each
newborn’s
critical
congenital
33
heart
disease
screening
shall
only
be
reported
in
a
34
manner
consistent
with
the
reporting
of
the
results
35
of
metabolic
screenings
pursuant
to
section
136A.5
36
if
funding
is
available
for
implementation
of
the
37
reporting
requirement.
38
5.
This
section
shall
be
administered
in
accordance
39
with
rules
adopted
pursuant
to
section
136A.8.
40
Sec.
178.
NEWBORN
CRITICAL
CONGENITAL
HEART
41
DISEASE
SCREENING.
Notwithstanding
any
provision
42
to
the
contrary
relating
to
the
newborn
screening
43
policy
pursuant
to
641
IAC
4.3(1),
critical
congenital
44
heart
disease
screening
shall
be
included
in
the
45
state’s
newborn
screening
panel
as
included
in
the
46
recommended
uniform
screening
panel
as
approved
by
the
47
United
States
secretary
of
health
and
human
services.
48
The
center
for
congenital
and
inherited
disorders
49
advisory
committee
shall
make
recommendations
regarding
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implementation
of
the
screening
and
the
center
for
1
congenital
and
inherited
disorders
shall
adopt
rules
2
as
necessary
to
implement
the
screening.
However,
3
reporting
of
the
results
of
each
newborn’s
critical
4
congenital
heart
disease
screening
shall
not
be
5
required
unless
funding
is
available
for
implementation
6
of
the
reporting
requirement.
7
DIVISION
XXII
8
INDIVIDUAL
DEVELOPMENT
ACCOUNT
PROGRAM
9
Sec.
179.
Section
541A.2,
subsection
1,
paragraph
10
a,
Code
2013,
is
amended
to
read
as
follows:
11
a.
To
be
eligible
to
open
an
account,
a
prospective
12
account
holder
must
have
a
household
income
that
is
13
equal
to
or
less
than
two
one
hundred
percent
of
the
14
federal
poverty
level.
15
Sec.
180.
Section
541A.7,
subsection
2,
Code
2013,
16
is
amended
to
read
as
follows:
17
2.
Moneys
available
in
the
fund
for
a
fiscal
18
year
are
appropriated
to
the
administrator
to
be
19
used
to
provide
the
state
match
for
account
holder
20
deposits
in
accordance
with
section
541A.3
.
At
least
21
eighty-five
percent
of
the
amount
appropriated
shall
22
be
used
for
state
match
payments
and
the
remainder
may
23
Moneys
credited
to
the
fund
shall
not
be
used
for
the
24
administrative
costs
of
the
operating
organization.
25
Administrative
costs
include
but
are
not
limited
to
26
accounting
services,
curriculum
costs
for
financial
27
education
or
asset-specific
training,
and
costs
for
28
technical
assistance
contractors.
>
29
2.
Title
page,
line
2,
after
<
fees
>
by
inserting
30
<
and
penalties,
providing
for
matters
relating
to
31
taxation
>
32
3.
By
renumbering
as
necessary.
33
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#2.