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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 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.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,000,000 1 2. For operational support grants and community 2 cultural grants under section 99F.11, subsection 3, 3 paragraph “d”, subparagraph (1): 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 416,702 5 3. For regional tourism marketing under section 6 99F.11, subsection 3, paragraph “d”, subparagraph (2): 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 810,306 8 4. For programs for at-risk children under section 9 279.51: 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 10,728,891 11 The amount of any reduction in this subsection shall 12 be prorated among the programs specified in section 13 279.51, subsection 1, paragraphs “a”, “b”, and “c”. 14 5. For payment for nonpublic school transportation 15 under section 285.2: 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 8,560,931 17 If total approved claims for reimbursement for 18 nonpublic school pupil transportation exceed the amount 19 appropriated in accordance with this subsection, the 20 department of education shall prorate the amount of 21 each approved claim. 22 6. For the enforcement of chapter 453D relating to 23 tobacco product manufacturers under section 453D.8: 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 18,416 25 Sec. 4. LIMITATIONS OF STANDING APPROPRIATIONS 26 —— FY 2014-2015. Notwithstanding the standing 27 appropriations in the following designated sections for 28 the fiscal year beginning July 1, 2014, and ending June 29 30, 2015, the amounts appropriated from the general 30 fund of the state pursuant to these sections for the 31 following designated purposes shall not exceed the 32 following amounts: 33 1. For operational support grants and community 34 cultural grants under section 99F.11, subsection 3, 35 paragraph “d”, subparagraph (1): 36 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 208,351 37 2. For regional tourism marketing under section 38 99F.11, subsection 3, paragraph “d”, subparagraph (2): 39 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 405,153 40 3. For programs for at-risk children under section 41 279.51: 42 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,364,445 43 The amount of any reduction in this subsection shall 44 be prorated among the programs specified in section 45 279.51, subsection 1, paragraphs “a”, “b”, and “c”. 46 4. For payment for nonpublic school transportation 47 under section 285.2: 48 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 8,560,931 49 If total approved claims for reimbursement for 50 -2- SF452.2181.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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 9,208 7 Sec. 5. INSTRUCTIONAL SUPPORT STATE AID —— 8 FY 2013-2014 —— FY 2014-2015. In lieu of the 9 appropriation provided in section 257.20, subsection 2 , 10 the appropriation for the fiscal years beginning July 11 1, 2013, and July 1, 2014, for paying instructional 12 support state aid under section 257.20 for fiscal years 13 2013-2014 and 2014-2015 is zero. 14 Sec. 6. Section 97A.11A, subsection 1, Code 2013, 15 is amended to read as follows: 16 1. Beginning with the fiscal year commencing July 17 1, 2013 2015 , and ending June 30 of the fiscal year 18 during which the board determines that the system’s 19 funded ratio of assets to liabilities is at least 20 eighty-five percent, there is appropriated from the 21 general fund of the state for each fiscal year to the 22 retirement fund described in section 97A.8 , an amount 23 equal to five million dollars. 24 Sec. 7. Section 257.35, Code 2013, is amended by 25 adding the following new subsection: 26 NEW SUBSECTION . 7A. Notwithstanding subsection 1, 27 and in addition to the reduction applicable pursuant 28 to subsection 2, the state aid for area education 29 agencies and the portion of the combined district cost 30 calculated for these agencies for the fiscal year 31 beginning July 1, 2013, and ending June 30, 2014, shall 32 be reduced by the department of management by twenty 33 million dollars. The reduction for each area education 34 agency shall be prorated based on the reduction that 35 the agency received in the fiscal year beginning July 36 1, 2003. 37 DIVISION II 38 MISCELLANEOUS PROVISIONS AND APPROPRIATIONS 39 Sec. 8. INDIVIDUAL DEVELOPMENT ACCOUNT 40 PROGRAM. There is appropriated from the general fund 41 of the state to the department of human rights for the 42 fiscal year beginning July 1, 2013, and ending June 30, 43 2014, the following amounts, or so much thereof as is 44 necessary, for the purposes designated: 45 For deposit in the individual development account 46 state match fund created in section 541A.7 to support 47 the operating organization providing individual 48 development accounts in Iowa: 49 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 50,000 50 -3- SF452.2181.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 -5- SF452.2181.H (2) 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 -10- SF452.2181.H (2) 85 md 10/ 60
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 -11- SF452.2181.H (2) 85 md 11/ 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 -12- SF452.2181.H (2) 85 md 12/ 60
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 -13- SF452.2181.H (2) 85 md 13/ 60
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 -14- SF452.2181.H (2) 85 md 14/ 60
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 -15- SF452.2181.H (2) 85 md 15/ 60
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 -16- 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 -17- 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 -18- 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 -20- 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 -26- SF452.2181.H (2) 85 md 26/ 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 (2) 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 -28- SF452.2181.H (2) 85 md 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 -29- SF452.2181.H (2) 85 md 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 -30- SF452.2181.H (2) 85 md 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 -37- SF452.2181.H (2) 85 md 37/ 60
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 -38- SF452.2181.H (2) 85 md 38/ 60
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 -39- SF452.2181.H (2) 85 md 39/ 60
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 -40- SF452.2181.H (2) 85 md 40/ 60
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 -41- SF452.2181.H (2) 85 md 41/ 60
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 -42- SF452.2181.H (2) 85 md 42/ 60
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 -43- SF452.2181.H (2) 85 md 43/ 60
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 -44- SF452.2181.H (2) 85 md 44/ 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 -45- SF452.2181.H (2) 85 md 45/ 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 -46- SF452.2181.H (2) 85 md 46/ 60
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 -47- SF452.2181.H (2) 85 md 47/ 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 50 -53- SF452.2181.H (2) 85 md 53/ 60
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 50 -54- SF452.2181.H (2) 85 md 54/ 60
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 -55- SF452.2181.H (2) 85 md 55/ 60
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 -56- SF452.2181.H (2) 85 md 56/ 60
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 -57- SF452.2181.H (2) 85 md 57/ 60
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 -58- SF452.2181.H (2) 85 md 58/ 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 50 -59- SF452.2181.H (2) 85 md 59/ 60
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 -60- SF452.2181.H (2) 85 md 60/ 60 #2.