House File 2464 - Introduced HOUSE FILE 2464 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO HSB 694) A BILL FOR An Act relating to nonsubstantive Code corrections and 1 providing effective dates and for retroactive applicability. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5365HV (2) 83 lh/rj
H.F. 2464 DIVISION I 1 MISCELLANEOUS PROVISIONS 2 Section 1. Section 9A.102, subsection 2, Code Supplement 3 2009, is amended to read as follows: 4 2. “Athlete agent” means an individual who enters into 5 an agency contract with a student athlete or, directly or 6 indirectly, recruits or solicits a student athlete to enter 7 into an agency contract. “Athlete agent” includes an individual 8 who represents to the public that the individual is an athlete 9 agent. “Athlete agent” does not include a spouse, parent, 10 sibling, grandparent, or guardian of the student athlete or an 11 individual acting solely on behalf of a professional sports 12 team or professional sports organization. “Athlete agent” does 13 not include an individual licensed to practice as an attorney 14 in this state when the individual is acting as a representative 15 for a student athlete, unless the attorney also represents the 16 student athlete in negotiations for an agent agency contract. 17 Sec. 2. Section 9H.1, subsection 18, paragraph b, Code 2009, 18 is amended to read as follows: 19 b. Corporations which qualify under Title 26, section 26 20 U.S.C. § 501(c)(3) of the United States Code . 21 Sec. 3. Section 10B.1, subsection 9, paragraph b, Code 2009, 22 is amended to read as follows: 23 b. A corporation which qualifies under Title 26, section 26 24 U.S.C. § 501 , of the United States Code . 25 Sec. 4. Section 12B.10B, subsection 1, Code 2009, is amended 26 to read as follows: 27 1. Political subdivisions shall approve written investment 28 policies which incorporate the guidelines specified in 29 section sections 12B.10, sections 12B.10A through , this 30 section, and section 12B.10C, and any other provisions deemed 31 necessary to adequately safeguard invested public funds. 32 Sec. 5. Section 20.4, subsection 2, Code Supplement 2009, 33 is amended to read as follows: 34 2. Representatives of a public employer, including the 35 -1- LSB 5365HV (2) 83 lh/rj 1/ 123
H.F. 2464 administrative officer, director or chief executive officer 1 of a public employer or major division thereof as well as 2 the officer’s or director’s deputy, first assistant, and 3 any supervisory employees. “Supervisory employee” means any 4 individual having authority in the interest of the public 5 employer to hire, transfer, suspend, layoff lay off , recall, 6 promote, discharge, assign, reward or discipline other public 7 employees, or the responsibility to direct them, or to adjust 8 their grievances, or effectively to recommend such action, if, 9 in connection with the foregoing, exercise of such authority 10 is not of a merely routine or clerical nature, but requires 11 the use of independent judgment. All school superintendents, 12 assistant superintendents, principals and assistant principals 13 shall be deemed to be supervisory employees. 14 Sec. 6. Section 28E.17, subsection 1, Code 2009, is amended 15 to read as follows: 16 1. It is the public policy of this state to encourage the 17 establishment or acquisition of urban mass transit systems and 18 the equipment, maintenance , and operation thereof by public 19 agencies in cooperation with, and with the assistance of the 20 urban mass transportation administration of the United States 21 department of transportation, pursuant to the provisions of 22 the Urban Mass Transportation Act of 1964, as amended, Title 23 49, sections 1601 49 U.S.C. § 5301 et seq., United States 24 Code, which requires unification or official coordination of 25 local mass transportation services on an area-wide basis as a 26 condition of such assistance. 27 Sec. 7. Section 43.31, Code Supplement 2009, is amended to 28 read as follows: 29 43.31 Form of official ballot —— implementation by rule. 30 The state commissioner shall adopt rules in accordance 31 with chapter 17A to implement sections 43.27 through 43.30, 32 section 43.36, sections 49.30 through 49.33, sections 49.36 33 through 49.41, section 49.57, and any other provision of the 34 law prescribing the form of the official ballot. 35 -2- LSB 5365HV (2) 83 lh/rj 2/ 123
H.F. 2464 Sec. 8. Section 53.40, subsection 3, Code Supplement 2009, 1 is amended to read as follows: 2 3. If the affidavit on the affidavit envelope shows that 3 the affiant is not a qualified voter on the day of the election 4 at which the ballot is offered for voting, the envelope shall 5 not be opened, but the envelope and ballot contained in the 6 envelope shall be preserved and returned by the precinct 7 election officials to the commissioner, who shall preserve them 8 for the period of time and under the conditions provided for in 9 sections 50.12 through , 50.13, 50.15 , and section 50.19. 10 Sec. 9. Section 53.41, subsection 3, Code 2009, is amended 11 to read as follows: 12 3. Not more than one ballot shall be transmitted by the 13 commissioner to any voter for a particular election unless 14 after the ballot has been mailed the voter reports a change 15 in the address to which the ballot should be sent. A ballot 16 shall be mailed using a serial number that indicates that this 17 is a replacement sent to an updated address. The original 18 ballot shall be counted only if the replacement ballot does 19 not arrive. If the commissioner receives more than one 20 absent voter’s ballot, provided for by this division, from or 21 purporting to be from any one voter for a particular election, 22 all of the ballots so received from or purporting to be from 23 such voter are void, and the commissioner shall not deliver any 24 of the ballots to the precinct election officials, but shall 25 retain them in the commissioner’s office, and preserve them for 26 the period and under the conditions provided for in sections 27 50.12 through , 50.13, 50.15 , and section 50.19. 28 Sec. 10. Section 76.2, subsection 1, paragraph a, Code 29 Supplement 2009, is amended to read as follows: 30 a. The governing authority of these political subdivisions a 31 political subdivision specified in section 76.1, subsection 32 1, before issuing bonds shall, by resolution, provide for the 33 assessment of an annual levy upon all the taxable property in 34 the political subdivision sufficient to pay the interest and 35 -3- LSB 5365HV (2) 83 lh/rj 3/ 123
H.F. 2464 principal of the bonds within a period named not exceeding 1 the applicable period of time specified in section 76.1. A 2 certified copy of this resolution shall be filed with the 3 county auditor or the auditors of the counties in which the 4 political subdivision is located; and the filing shall make 5 it a duty of the auditors to enter annually this levy for 6 collection from the taxable property within the boundaries 7 of the political subdivision until funds are realized to pay 8 the bonds in full. The levy shall continue to be made against 9 property that is severed from the political subdivision after 10 the filing of the resolution until funds are realized to pay 11 the bonds in full. 12 Sec. 11. Section 92.9, subsection 4, Code 2009, is amended 13 to read as follows: 14 4. The apprentice is registered by the bureau office of 15 apprenticeship and training of the United States department of 16 labor as employed in accordance with the standards established 17 by that department. 18 Sec. 12. Section 92.18, Code 2009, is amended to read as 19 follows: 20 92.18 Migratory labor —— defined. 21 As used in this chapter, the term “migratory labor” 22 shall include any person who customarily and repeatedly 23 travels from state to state for the purpose of obtaining 24 seasonable seasonal employment. 25 Sec. 13. Section 96.9, subsection 4, paragraph a, Code 26 Supplement 2009, is amended to read as follows: 27 a. (1) Money credited to the account of this state in 28 the unemployment trust fund by the secretary of the treasury 29 of the United States pursuant to section § 903 of the Social 30 Security Act may not be requisitioned from this state’s account 31 or used except for the payment of benefits and for the payment 32 of expenses incurred for the administration of this chapter. 33 Such money may be requisitioned pursuant to subsection 3 of 34 this section for the payment of benefits. Such money may also 35 -4- LSB 5365HV (2) 83 lh/rj 4/ 123
H.F. 2464 be requisitioned and used for the payment of expenses incurred 1 for the administration of this chapter but only pursuant to 2 a specific appropriation by the legislature and only if the 3 expenses are incurred and the money is requisitioned after the 4 enactment of an appropriation law which (1) specifies : 5 (a) Specifies the purposes for which such money is 6 appropriated and the amounts appropriated therefor , (2) limits ; 7 (b) Limits the period within which such money may be 8 obligated to a period ending not more than two years after the 9 date of the enactment of the appropriation law , ; and (3) limits 10 (c) Limits the amount which may be obligated during a 11 twelve-month period beginning on July 1 and ending on the next 12 June 30 to an amount which does not exceed the amount by which 13 the aggregate of the amounts transferred to the account of 14 this state pursuant to section § 903 of the Social Security 15 Act exceeds the aggregate of the amounts used by this state 16 pursuant to this chapter and charged against the amounts 17 transferred to the account of this state during the same 18 twelve-month period. 19 (2) For purposes of this subsection, amounts used by 20 this state for administration shall be chargeable against 21 transferred amounts at the exact time the obligation is entered 22 into. The use of money appropriated under this subsection 23 shall be accounted for in accordance with standards established 24 by the United States secretary of labor. 25 Sec. 14. Section 96.20, subsection 2, Code Supplement 2009, 26 is amended to read as follows: 27 2. a. The department may enter into arrangements with the 28 appropriate agencies of other states, or a contiguous country 29 with which the United States has an agreement with respect to 30 unemployment compensation or of the federal government (a) 31 whereby : 32 (1) Whereby wages or services, upon the basis of which 33 an individual may become entitled to benefits under the 34 unemployment compensation law of another state or of the 35 -5- LSB 5365HV (2) 83 lh/rj 5/ 123
H.F. 2464 federal government, shall be deemed to be wages for employment 1 by employers for the purposes of section 96.3 and section 96.4, 2 subsection 5; provided such other state agency or agency of the 3 federal government has agreed to reimburse the fund for such 4 portion of benefits paid under this chapter upon the basis of 5 such wages or services as the department finds will be fair and 6 reasonable as to all affected interests, and (b) whereby 7 (2) Whereby the department will reimburse other state 8 or federal agencies charged with the administration of 9 unemployment compensation laws with such reasonable portion of 10 benefits, paid under the law of any such other states or of the 11 federal government upon the basis of employment or wages for 12 employment by employers, as the department finds will be fair 13 and reasonable as to all affected interests. 14 b. Reimbursements so payable shall be deemed to be benefits 15 for the purposes of section 96.3, subsection 5, paragraph “a” , 16 and section 96.9, but no reimbursement so payable shall be 17 charged against any employer’s account for the purposes of 18 section 96.7, unless wages so transferred are sufficient to 19 establish a valid claim in Iowa, and that such charges shall 20 not exceed the amount that would have been charged on the 21 basis of a valid claim. The department is hereby authorized 22 to make to other state or federal agencies and receive from 23 such other state or federal agencies, reimbursements from 24 or to the fund, in accordance with arrangements pursuant 25 to this section. The department shall participate in any 26 arrangements for the payment of compensation on the basis of 27 combining an individual’s wages and employment covered under 28 this Act with the individual’s wages and employment covered 29 under the unemployment compensation laws of other states 30 which are approved by the United States secretary of labor in 31 consultation with the state unemployment compensation agencies 32 as reasonably calculated to assure the prompt and full payment 33 of compensation in such situations and which include provisions 34 for : Applying applying the base period of a single state law 35 -6- LSB 5365HV (2) 83 lh/rj 6/ 123
H.F. 2464 to a claim involving the combining of an individual’s wages 1 and employment covered under two or more state unemployment 2 compensation laws, and avoiding the duplication use of wages 3 and employment by reason of such combining. 4 Sec. 15. Section 97B.1A, subsection 20, paragraph d, Code 5 Supplement 2009, is amended to read as follows: 6 d. Temporary or seasonal interruptions in service for 7 employees of a school corporation or educational institution 8 when the temporary suspension of service does not terminate the 9 period of employment of the employee and the employee returns 10 to service at a school corporation or educational institution 11 upon the end of the temporary or seasonal interruption. 12 However, 13 However, effective July 1, 2004, “service” does not mean 14 service for which an employee receives remuneration from an 15 employer for temporary employment during any quarter in which 16 the employee is on an otherwise unpaid leave of absence that 17 is not authorized under the federal Family and Medical Leave 18 Act of 1993 or other similar leave. Remuneration paid by the 19 employer for the temporary employment shall not be treated by 20 the system as covered wages. 21 Sec. 16. Section 97B.42, Code 2009, is amended to read as 22 follows: 23 97B.42 Mandatory membership —— membership in other systems. 24 1. Each employee whose employment commences after July 4, 25 1953, or who has not qualified for credit for prior service 26 rendered prior to July 4, 1953, or any publicly elected 27 official of the state or any of its political subdivisions 28 shall become a member upon the first day in which such 29 employee is employed. The employee shall continue to be an 30 active member so long as the employee continues in covered 31 employment. The employee shall cease to be an active member 32 if the employee joins another retirement system in the state 33 which is maintained in whole or in part by public contributions 34 or payments and receives retirement credit for service in that 35 -7- LSB 5365HV (2) 83 lh/rj 7/ 123
H.F. 2464 other system for the same position previously covered under 1 this chapter. If an employee joins another publicly maintained 2 retirement system and ceases to be an active member under 3 this chapter, the employee may elect to leave the employee’s 4 accumulated contributions in the retirement fund or receive 5 a refund of the employee’s accumulated contributions in 6 the manner provided for members who are terminating covered 7 employment pursuant to section 97B.53. However, if an employee 8 joins another publicly maintained retirement system and leaves 9 the employee’s accumulated contributions in the retirement 10 fund, the employee shall not be eligible to receive retirement 11 benefits until the employee has a bona fide retirement from 12 employment with a covered employer as provided in section 13 97B.52A, or until the employee would otherwise be eligible to 14 receive benefits upon attaining the age of seventy years as 15 provided in section 97B.46. 16 2. Employment shall not be covered under this chapter until 17 the employment is covered under the federal Social Security Act 18 and any agreements which are required pursuant to chapter 97C 19 are effective. 20 3. Nothing in this chapter shall be deemed to exclude from 21 coverage, under the provisions of this chapter, any public 22 employee who was not on or as of July 4, 1953, a member of 23 another retirement system supported by public funds. All 24 such employees and their employers shall be required to make 25 contributions as specified as to other public employees and 26 employers. Nothing in this chapter shall be deemed to prohibit 27 the reestablishment of a retirement system supported by public 28 funds which had been in operation prior to July 4, 1953, and 29 was subsequently liquidated. 30 4. Persons who are members of any other retirement system 31 in the state which is maintained in whole or in part by 32 public contributions other than persons who are covered under 33 the provisions of chapter 97, Code 1950, as amended by the 34 Fifty-fourth General Assembly on the date of the repeal of 35 -8- LSB 5365HV (2) 83 lh/rj 8/ 123
H.F. 2464 said chapter, under the provisions of sections 97.50 through 1 97.53 shall not become members under this chapter while still 2 actively participating in that other retirement system unless 3 the persons do not receive retirement credit for service in 4 that other system for the position to be covered under this 5 chapter. 6 5. Nothing herein contained shall be construed to permit 7 any employer to make any public contributions or payments on 8 behalf of an employee in the same position for the same period 9 of time to both the Iowa public employees’ retirement system 10 and any other retirement system in the state which is supported 11 in whole or in part by public contributions or payments. 12 6. Notwithstanding any other provision of this section, a 13 person newly entering employment with a community college on 14 or after July 1, 1990, may elect coverage under an eligible 15 alternative retirement benefits system described in section 16 260C.14, subsection 17, paragraph “a” , subparagraph (1), in 17 lieu of coverage under the Iowa public employees’ retirement 18 system, but only if the person is already a member of the 19 alternative retirement benefits system. An election to 20 participate in an eligible alternative retirement benefits 21 system as described in section 260C.14, subsection 17, is 22 irrevocable as to the person’s employment with that community 23 college and any other community college in this state. 24 7. Notwithstanding any other provision of this section, 25 commencing July 1, 1994, a member who is employed by a 26 community college may elect coverage under an eligible 27 alternative retirement benefits system as provided in section 28 260C.14, subsection 17, in lieu of continuing or commencing 29 contributions to the Iowa public employees’ retirement system. 30 However, the employer’s annual contribution in dollars to the 31 eligible alternative retirement benefits system shall not 32 exceed the annual contribution in dollars which the employer 33 would contribute if the employee had elected to remain an 34 active member under this chapter, as set forth in section 35 -9- LSB 5365HV (2) 83 lh/rj 9/ 123
H.F. 2464 97B.11. A member employed by a community college who elects 1 coverage under an eligible alternative retirement benefits 2 system may withdraw the member’s accumulated contributions 3 effective when coverage under the eligible alternative 4 retirement benefits system commences. A member who is employed 5 by a community college prior to July 1, 1994, must file an 6 election for coverage under the eligible alternative retirement 7 benefits system described in section 260C.14, subsection 17, 8 paragraph “a” , subparagraph (1), with the system and the 9 employing community college within eighteen months of the first 10 day on which coverage commences under the community college’s 11 eligible alternative retirement benefits system described in 12 section 260C.14, subsection 17, paragraph “a” , subparagraph 13 (1), or the employee shall remain a member under this chapter 14 and shall not be eligible to elect to participate in that 15 community college’s eligible alternative retirement benefits 16 system described in section 260C.14, subsection 17, paragraph 17 “a” , subparagraph (1) at a later date. Employees of a community 18 college hired on or after July 1, 1994, must file an election 19 for coverage under an eligible alternative retirement benefits 20 system with the system and the employing community college 21 within sixty days of commencing employment, or the employee 22 shall remain a member under this chapter and shall not be 23 eligible to elect to participate in an eligible alternative 24 retirement benefits system of the community college at a later 25 date. The system shall cooperate with the boards of directors 26 of the community colleges to facilitate the implementation of 27 this provision. 28 Notwithstanding any other provision of this section , a 29 person newly entering employment with a community college on 30 or after July 1, 1990, may elect coverage under an eligible 31 alternative retirement benefits system, as defined in section 32 260C.14, subsection 17 , paragraph “a” , in lieu of coverage 33 under the Iowa public employees’ retirement system, but only if 34 the person is already a member of the alternative retirement 35 -10- LSB 5365HV (2) 83 lh/rj 10/ 123
H.F. 2464 benefits system. An election to participate in an eligible 1 alternative retirement benefits system as described in section 2 260C.14, subsection 17 , is irrevocable as to the person’s 3 employment with that community college and any other community 4 college in this state. 5 8. Except as otherwise provided in this section, an employer 6 shall not sponsor and a member shall not participate in another 7 retirement system in this state supported in whole or in part 8 by public contributions or payments where such retirement 9 system is in lieu of the retirement system established by 10 this chapter. However, in addition to the retirement system 11 established by this chapter, an employer may sponsor and a 12 member may participate in a supplemental defined contribution 13 plan qualified under Internal Revenue Code section § 401(a), 14 a tax-deferred annuity qualified under Internal Revenue 15 Code section § 403(b), or an eligible deferred compensation 16 plan qualified under Internal Revenue Code section § 457, 17 regardless of whether contributions to such supplemental 18 plans are characterized as employer contributions or employee 19 contributions, and subject to the applicable limits set forth 20 in the Internal Revenue Code for such plans. A defined benefit 21 plan that supplements the retirement system established by this 22 chapter shall not be offered by public employers covered under 23 this chapter. 24 Sec. 17. Section 100B.13, subsection 2, Code 2009, is 25 amended to read as follows: 26 2. Revenue for the volunteer fire fighter preparedness fund 27 shall include , but is not limited to , the following: 28 a. Moneys credited to the fund pursuant to section 29 422.12F 422.12L . 30 b. Moneys credited to the fund pursuant to section 422.12G . 31 c. b. Moneys in the form of a devise, gift, bequest, 32 donation, or federal or other grant intended to be used for the 33 purposes of the fund. 34 Sec. 18. Section 100D.1, subsections 4 and 5, Code 35 -11- LSB 5365HV (2) 83 lh/rj 11/ 123
H.F. 2464 Supplement 2009, are amended to read as follows: 1 4. “Fire extinguishing system contractor” means a 2 person or persons who are engaging in or representing 3 oneself themselves to the public as engaging in the activity or 4 business of layout, installation, repair, service, alteration, 5 addition, testing, maintenance, or maintenance inspection of 6 automatic fire extinguishing systems in this state, as defined 7 in section 100C.1, and who is certified pursuant to chapter 8 100C. 9 5. “Fire protection system” means a sprinkler system , 10 standpipe system , hose system, special hazard system, dry 11 systems system , foam systems system , or any water-based fire 12 protection system, either manual or automatically activated, 13 used for fire protection purposes that is composed of an 14 integrated system of underground and overhead piping connected 15 to a water source. For licensing purposes only “fire protection 16 system” does not include the water service piping to a structure 17 or building from a city water main. 18 Sec. 19. Section 103.1, subsection 1, Code Supplement 2009, 19 is amended to read as follows: 20 1. “Apprentice electrician” means any person who, as 21 such person’s principal occupation, is engaged in learning 22 and assisting in the installation, alteration, and repair 23 of electrical wiring, apparatus, and equipment as an 24 employee of a person licensed under this chapter, and who is 25 licensed by the board and is progressing toward completion 26 of an apprenticeship training program registered by the 27 bureau office of apprenticeship and training of the United 28 States department of labor. For purposes of this chapter, 29 persons who are not engaged in the installation, alteration, or 30 repair of electrical wiring, apparatus, and equipment, either 31 inside or outside buildings, shall not be considered apprentice 32 electricians. 33 Sec. 20. Section 103.12, subsection 1, Code 2009, is amended 34 to read as follows: 35 -12- LSB 5365HV (2) 83 lh/rj 12/ 123
H.F. 2464 1. An applicant for a class A journeyman electrician license 1 shall have successfully completed an apprenticeship training 2 program registered by the bureau office of apprenticeship and 3 training of the United States department of labor in accordance 4 with the standards established by that department or shall have 5 received training or experience for a period of time and under 6 conditions as established by the board by rule. 7 Sec. 21. Section 103.15, subsection 1, Code Supplement 8 2009, is amended to read as follows: 9 1. A person shall be licensed by the board and pay a 10 licensing fee to work as an apprentice electrician while 11 participating in an apprenticeship training program registered 12 by the bureau office of apprenticeship and training of the 13 United States department of labor in accordance with the 14 standards established by that department. An apprenticeship 15 shall be limited to six years from the date of licensure, 16 unless extended by the board upon a finding that a hardship 17 existed which prevented completion of the apprenticeship 18 program. Such licensure shall entitle the licensee to act as 19 an apprentice to an electrical contractor, a class A master 20 electrician, a class B master electrician, a class A journeyman 21 electrician, or a class B journeyman electrician as provided in 22 subsection 3. 23 Sec. 22. Section 103.15, subsection 2, paragraph a, Code 24 Supplement 2009, is amended to read as follows: 25 a. A person shall be licensed as an unclassified person by 26 the board to perform electrical work if the work is performed 27 under the personal supervision of a person actually licensed to 28 perform such work and the licensed and unclassified persons are 29 employed by the same employer. A person shall not be employed 30 continuously for more than one hundred days as an unclassified 31 person without having obtained a current license from the 32 board. For the purposes of determining whether a person has 33 been “employed continuously” for more than one hundred days 34 under this subsection, employment shall include any days not 35 -13- LSB 5365HV (2) 83 lh/rj 13/ 123
H.F. 2464 worked due to illness, holidays, weekend days, and other 1 absences that do not constitute separation from or termination 2 of employment. Any period of employment as a nonlicensed 3 unclassified person shall not be credited to any applicable 4 experiential requirement of an apprenticeship training 5 program registered by the bureau office of apprenticeship and 6 training of the United States department of labor. 7 Sec. 23. Section 124.212A, subsection 1, paragraph a, Code 8 Supplement 2009, is amended to read as follows: 9 a. Provide for the sale of a pseudoephedrine product 10 in from a locked cabinet or behind the sales counter where the 11 public is unable to reach the product and where the public is 12 not permitted. 13 Sec. 24. Section 126.12, subsection 3, paragraph b, Code 14 2009, is amended to read as follows: 15 b. A drug which is licensed under the federal Public Health 16 Service Act of July 1, 1944, 42 U.S.C. § 201 et seq. or under 17 the Animal Virus, Serum, Toxin, Antitoxin Virus-Serum-Toxin Act 18 of March 4, 1913, 21 U.S.C. § 151 et seq. 19 Sec. 25. Section 126.23A, subsection 1, paragraph b, 20 subparagraph (1), Code Supplement 2009, is amended to read as 21 follows: 22 (1) Provide for the sale of a pseudoephedrine product 23 in from a locked cabinet or behind a sales counter where the 24 public is unable to reach the product and where the public is 25 not permitted. 26 Sec. 26. Section 135.107, subsection 3, paragraph b, 27 subparagraph (2), subparagraph division (h), Code Supplement 28 2009, is amended to read as follows: 29 (h) Upon availability of state funds, 30 determine determination of eligibility criteria and 31 qualifications for participating communities and applicants not 32 located in federally designated shortage areas. 33 Sec. 27. Section 135A.4, subsection 1, Code Supplement 34 2009, is amended to read as follows: 35 -14- LSB 5365HV (2) 83 lh/rj 14/ 123
H.F. 2464 1. A governmental public health advisory council is 1 established to advise the department and make policy 2 recommendations to the director of the department concerning 3 administration, implementation, and coordination of this 4 chapter and to make recommendations to the department regarding 5 the governmental public health system. The council shall meet 6 at a minimum of least quarterly. The council shall consist 7 of no fewer than fifteen members and no greater more than 8 twenty-three members. The members shall be appointed 9 by the director. The director may solicit and consider 10 recommendations from professional organizations, associations, 11 and academic institutions in making appointments to the 12 council. 13 Sec. 28. Section 135A.5, subsection 1, Code Supplement 14 2009, is amended to read as follows: 15 1. A governmental public health evaluation committee 16 is established to develop, implement, and evaluate the 17 governmental public health system and voluntary accreditation 18 program. The committee shall meet at least quarterly. The 19 committee shall consist of no fewer than eleven members and 20 no greater more than thirteen members. The members shall be 21 appointed by the director of the department. The director 22 may solicit and consider recommendations from professional 23 organizations, associations, and academic institutions in 24 making appointments to the committee. 25 Sec. 29. Section 135A.9, subsection 1, Code Supplement 26 2009, is amended to read as follows: 27 1. Incorporation of the Iowa public health standards 28 recommended to the department pursuant to section 29 135A.5 135A.4 , subsection 6. 30 Sec. 30. Section 142A.3, subsection 4, paragraph a, Code 31 Supplement 2009, is amended to read as follows: 32 a. Four members of the general assembly, with not more 33 than one member from each chamber being from the same 34 political party. The majority leader of the senate and 35 -15- LSB 5365HV (2) 83 lh/rj 15/ 123
H.F. 2464 the minority leader of the senate shall each appoint one 1 of the senate members. The majority leader of the house 2 of representatives and the minority leader of the house of 3 representatives shall each appoint one of the house members. 4 Sec. 31. Section 155.12, Code 2009, is amended to read as 5 follows: 6 155.12 Conflict with federal law —— effect. 7 If any provision of this chapter is in conflict with the 8 requirements of section 1908 of the United States Social 9 Security Act (42 United States Code, section 1396g) codified at 10 42 U.S.C. § 1396g , relative to a state program for licensing of 11 administrators of nursing homes, and except for such conflict 12 the state would be entitled to receive contributions from the 13 United States for payment of assistance under the program 14 established pursuant to Title Tit. XIX of the United States 15 Social Security Act (42 United States Code, sections , codified 16 at 42 U.S.C. § 1396 1396g , inclusive) , such provision of this 17 chapter so in conflict with said statute of the United States 18 shall be considered as suspended and of no effect until sixty 19 days after the convening of the next regular session of the 20 general assembly after such conflict is discovered. 21 Sec. 32. Section 158.16, Code Supplement 2009, is amended 22 to read as follows: 23 158.16 Penalty. 24 A person convicted of violating any of the provisions of this 25 chapter shall be fined an amount not to exceed one thousand 26 dollars. 27 Sec. 33. Section 159.1, unnumbered paragraph 1, Code 2009, 28 is amended to read as follows: 29 For the purposes of subtitles 1 through 3 of this title, 30 excluding chapters 161A through and 161C, unless otherwise 31 provided: 32 Sec. 34. Section 159.1, subsection 5, Code 2009, is amended 33 to read as follows: 34 5. “Person” includes an individual, a corporation, company, 35 -16- LSB 5365HV (2) 83 lh/rj 16/ 123
H.F. 2464 firm, society, or association; and the act, omission, or 1 conduct of any officer, agent, or other person acting in a 2 representative capacity shall be imputed to the organization 3 or person represented, and the person acting in such capacity 4 shall also be liable for violation of subtitles 1 through 3 of 5 this title, excluding chapters 161A through and 161C. 6 Sec. 35. Section 159.5, subsection 11, Code Supplement 7 2009, is amended to read as follows: 8 11. Establish, publish, and enforce rules not inconsistent 9 with law for the enforcement of the provisions of subtitles 10 1 through 3 of this title, excluding chapters 161A 11 through and 161C, and for the enforcement of the various laws, 12 the administration and supervision of which are imposed upon 13 the department. 14 Sec. 36. Section 159A.4, subsection 2, paragraph a, 15 unnumbered paragraph 1, Code Supplement 2009, is amended to 16 read as follows: 17 The following department agency representatives: 18 Sec. 37. Section 166D.2, subsection 31, Code 2009, is 19 amended to read as follows: 20 31. “Licensed pseudorabies vaccine” means a pseudorabies 21 virus vaccine produced under license from the United States 22 secretary of agriculture under the federal Virus, Serum and 23 Toxin Virus-Serum-Toxin Act of March 4, 1913, 21 U.S.C. § 151 24 et seq. 25 Sec. 38. Section 172A.5, Code 2009, is amended to read as 26 follows: 27 172A.5 Bonded packers registration. 28 A dealer or broker who has a bond required by the United 29 States department of agriculture under the Packers and 30 Stockyards Act of 1921 as amended, Title VII, sections 181 31 through 231, United States Code 7 U.S.C. § 181 231 , shall be 32 exempt from the provisions of this chapter upon registration 33 with the secretary. Registration shall be effective upon 34 filing with the secretary a certified copy of the bond filed 35 -17- LSB 5365HV (2) 83 lh/rj 17/ 123
H.F. 2464 with the United States department of agriculture, and shall 1 continue in effect until that bond is terminated. 2 Sec. 39. Section 172D.3, subsection 2, paragraph a, Code 3 2009, is amended to read as follows: 4 a. Exclusion for federally mandated requirements. This 5 section shall apply to the department’s rules except for rules 6 required for delegation of the national pollutant discharge 7 elimination system permit program pursuant to the federal 8 Water Pollution Control Act, Title 33, United States Code, 33 9 U.S.C. ch. 126 26 , as amended, and 40 C.F.R. pt. 124. 10 Sec. 40. Section 196.9, Code 2009, is amended to read as 11 follows: 12 196.9 Eggs unfit for human food. 13 Eggs determined to be unfit for human food under title 21, 14 section 21 U.S.C. § 1034 of the United States Code as amended 15 to July 1, 1985 , shall not be bought or sold or offered for 16 purchase or sale by any person unless the eggs are denatured so 17 that they cannot be used for human food. 18 Sec. 41. Section 215.17, Code 2009, is amended to read as 19 follows: 20 215.17 Test weights to be used. 21 1. A person engaged in scale repair work for hire shall 22 use only test weights sealed by the department in determining 23 the effectiveness of repair work and the test weights shall be 24 sealed as to their accuracy once each year. However, a person 25 shall not claim to be an official scale inspector and shall 26 not use the test weights except to determine the accuracy of 27 scale repair work done by the person and the person shall not 28 be entitled to a fee for their use. A fee shall be charged 29 and collected at time of inspection for the inspection of such 30 weights as follows: 31 All weights up to and including 25 32 pounds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1.10 each 33 Over twenty-five pounds capacity, 34 up to and including 50 pounds . . . . . . . . . . . . . . . . . . . 2.25 each 35 -18- LSB 5365HV (2) 83 lh/rj 18/ 123
H.F. 2464 Over 50 pounds capacity, up to and 1 including 100 pounds . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.00 each 2 Over 100 pounds capacity, up to 3 and including 500 pounds . . . . . . . . . . . . . . . . . . . . . . . . 4.50 each 4 Over 500 pounds capacity, up to 5 and including 1,000 pounds . . . . . . . . . . . . . . . . . . . . . . 7.50 each 6 2. The fee for all tank calibrations shall be as follows: 7 100 gallons up to and including 8 300 gallons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4.50 9 301 gallons up to and including 10 500 gallons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7.50 11 501 gallons up to and including 12 1,000 gallons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11.25 13 1,001 gallons up to and including 14 2,000 gallons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15.00 15 2,001 gallons up to and including 16 3,000 gallons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18.00 17 3,001 gallons up to and including 18 4,000 gallons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21.00 19 4,001 gallons up to and including 20 5,000 gallons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24.00 21 5,001 gallons up to and including 22 6,000 gallons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27.00 23 6,001 gallons up to and including 24 7,000 gallons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30.00 25 7,001 gallons and up . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37.50 26 3. Calibration shall not be required of a tank which is not 27 used for the purpose of measuring, or which is equipped with 28 a meter, and vehicle tanks loaded from meters and carrying a 29 printed ticket showing gallonage shall not be required to be 30 calibrated. 31 Sec. 42. Section 256A.4, subsection 1, Code 2009, is amended 32 to read as follows: 33 1. a. The board of directors of each school district may 34 develop and offer a family support program which provides 35 -19- LSB 5365HV (2) 83 lh/rj 19/ 123
H.F. 2464 outreach and incentives for the voluntary participation of 1 expectant parents and parents of children in the period of 2 life from birth through age five, who reside within district 3 boundaries, in educational family support experiences designed 4 to assist parents in learning about the physical, mental, and 5 emotional development of their children. A board may contract 6 with another school district or public or private nonprofit 7 agency for provision of the approved program or program site. 8 b. A family support program shall meet multicultural gender 9 fair guidelines. The program shall encourage parents to be 10 aware of practices that may affect equitable development of 11 children. The program shall include parents in the planning, 12 implementation, and evaluation of the program. A program 13 shall be designed to meet the needs of the residents of the 14 participating district and may use unique approaches to provide 15 for those needs. The goals of a family support program shall 16 include , but are not limited to , the following: 17 a. (1) Family involvement as a key component of school 18 improvement with an emphasis on communication and active family 19 participation in family support programming. 20 b. (2) Family participation in the planning and 21 decision-making process for the program and encouragement of 22 long-term parental involvement in their children’s education. 23 c. (3) Meeting the educational and developmental needs of 24 expectant parents and parents of young children. 25 d. (4) Developmentally appropriate activities for children 26 that include those skills necessary for adaptation to both the 27 home and school environments. 28 Sec. 43. Section 257.9, subsection 8, Code Supplement 2009, 29 is amended to read as follows: 30 8. Early intervention supplement state cost per pupil. For 31 the budget year beginning July 1, 2009, for the early 32 intervention supplement state cost per pupil, the department of 33 management shall add together the early intervention allocation 34 made to each district for the fiscal year beginning July 35 -20- LSB 5365HV (2) 83 lh/rj 20/ 123
H.F. 2464 1, 2008, pursuant to section 256D.4, Code 2009, and divide 1 that sum by the statewide total budget enrollment for the 2 fiscal year beginning July 1, 2009. The early intervention 3 supplement state cost per pupil for the budget year beginning 4 July 1, 2010, and succeeding budget years, shall be the 5 amount calculated by the department of management under this 6 subsection for the base year plus an allowable growth amount 7 that is equal to the early intervention supplement categorical 8 state percent of growth, pursuant to section 257.8, subsection 9 2, for the budget year, multiplied by the amount calculated by 10 the department of management under this subsection for the base 11 year. 12 Sec. 44. Section 257.10, subsection 11, paragraph a, Code 13 Supplement 2009, is amended to read as follows: 14 a. For the budget year beginning July 1, 2009, the 15 department of management shall divide the early intervention 16 allocation made to each district for the fiscal year beginning 17 July 1, 2008, pursuant to section 256D.4, Code 2009, by the 18 district’s budget enrollment in the fiscal year beginning July 19 1, 2009, to determine the early intervention supplement cost 20 per pupil. For the budget year beginning July 1, 2010, and 21 succeeding budget years, the early intervention supplement 22 district cost per pupil for each school district for a budget 23 year is the early intervention supplement district cost per 24 pupil for the base year plus the early development supplement 25 state allowable growth amount for the budget year. 26 Sec. 45. Section 257.15, subsection 1, paragraph a, Code 27 2009, is amended to read as follows: 28 a. For the budget year beginning July 1, 1991, the 29 department of management shall calculate for each district the 30 difference between the sum of the revenues generated by the 31 foundation property tax and the additional property tax in the 32 district calculated under this chapter and the revenues that 33 would have been generated by the foundation property tax and 34 the additional property tax in that district for that budget 35 -21- LSB 5365HV (2) 83 lh/rj 21/ 123
H.F. 2464 year calculated under chapter 442, Code 1989, if chapter 442 , 1 Code 1989, were in effect, except that the revenues that 2 would have been generated by the additional property tax levy 3 under chapter 442 , Code 1989, shall not include revenues 4 generated for the school improvement program. However in 5 making the calculation of the difference in revenues under 6 this subsection, the department shall not include the revenues 7 generated under section 257.37 and under chapter 442, Code 8 1989, for funding media and educational services through the 9 area education agencies. If the property tax revenues for a 10 district calculated under this chapter exceed the property tax 11 revenues for that district calculated under chapter 442, Code 12 1989, the department of management shall reduce the revenues 13 raised by the additional property tax levy in that district 14 under this chapter by that difference and the department of 15 education shall pay property tax adjustment aid to the district 16 equal to that difference from moneys appropriated for property 17 tax adjustment aid. 18 Sec. 46. Section 262A.2, subsection 5, Code Supplement 19 2009, is amended to read as follows: 20 5. “Institutional income” shall mean income received by an 21 institution from sources other than (a) student the following: 22 a. Student fees and charges , (b) rates . 23 b. Rates , fees, rentals or charges imposed and collected 24 under the provisions of (1) sections 262.35 through 262.42, 25 (2) sections 262.44 through 262.53, and (3) sections 262.55 26 through 262.66 , (c) state . 27 c. State appropriations , and (d) “hospital . 28 d. “Hospital income” , as that term is defined in subsection 29 4 of section 263A.1. 30 Sec. 47. Section 279.14, subsection 2, Code 2009, is amended 31 to read as follows: 32 2. The determination of standards of performance expected 33 of school district personnel shall be reserved as an exclusive 34 management right of the school board and shall not be subject 35 -22- LSB 5365HV (2) 83 lh/rj 22/ 123
H.F. 2464 to mandatory negotiations under chapter 20. Notwithstanding 1 chapter 20, objections to the procedures, use, or content of 2 an evaluation in a teacher termination proceeding brought 3 before the school board in a hearing held in accordance with 4 section 279.16 or 279.27 shall not be subject to the grievance 5 procedures negotiated in accordance with chapter 20. A school 6 district shall not be obligated to process any evaluation 7 grievance after service of a notice and recommendation to 8 terminate an individual’s continuing teaching contract in 9 accordance with this chapter 279 . 10 Sec. 48. Section 282.1, subsection 1, Code Supplement 2009, 11 is amended to read as follows: 12 1. Persons between five and twenty-one years of age are of 13 school age. Nonresident children shall be charged the maximum 14 tuition rate as determined in section 282.24, subsection 15 1, with the exception that those residing temporarily in 16 a school corporation may attend school in the corporation 17 upon terms prescribed by the board , and boards . A school 18 district discontinuing grades under section 282.7, subsection 1 19 or subsections 1 and 3, shall be charged tuition as provided in 20 section 282.24, subsection 2 1 . 21 Sec. 49. Section 298.18, subsection 1, paragraph d, Code 22 Supplement 2009, is amended to read as follows: 23 d. The amount estimated and certified to apply on principal 24 and interest for any one year may exceed two dollars and 25 seventy cents per thousand dollars of assessed value by the 26 amount approved by the voters of the school corporation, 27 but not exceeding four dollars and five cents per thousand 28 dollars of the assessed value of the taxable property within 29 any school corporation, provided that the registered voters 30 of such school corporation have first approved such increased 31 amount at an election held on a date specified in section 39.2, 32 subsection 4, paragraph “c” . 33 Sec. 50. Section 299.1, unnumbered paragraph 2, Code 2009, 34 is amended to read as follows: 35 -23- LSB 5365HV (2) 83 lh/rj 23/ 123
H.F. 2464 The board of directors of a public school district or the 1 governing body of an accredited nonpublic school may, by 2 resolution, require attendance for the entire time when the 3 schools are in session in any school year and adopt a policy 4 or rules relating to the reasons considered to be valid or 5 acceptable excuses for absence from school. 6 Sec. 51. Section 306C.20, Code 2009, is amended to read as 7 follows: 8 306C.20 Bonus funds agreements. 9 The department shall enter into agreements with the duly 10 constituted federal authorities in order to secure for the 11 state all bonus federal funds allotted and appropriations to 12 the state and to avoid loss or reduction, under Title 23, 13 section 131, of the United States Code 23 U.S.C. § 131 , of 14 federal aid funds apportioned or to be apportioned to the 15 state under Title 23, section 104 of the United States Code 23 16 U.S.C. § 104 . The department may accept funds from whatever 17 source, including any allotment of funds by the United States, 18 or any of its departments or agencies, appropriated to carry 19 out the purposes of Title 23, section 131 of the United States 20 Code 23 U.S.C. § 131 . The department shall take such steps as 21 may be necessary to obtain from the United States or any of its 22 departments or agencies, funds allotted and appropriated for 23 the purpose of paying the federal share of just compensation 24 to be paid to advertising device owners and owners of the 25 real property under the terms of this chapter and Title 23, 26 section 131, paragraph “g” of the United States Code 23 U.S.C. 27 § 131(g) . All moneys received pursuant to the provisions of 28 this chapter shall be deposited in the “highway beautification 29 fund”. 30 Sec. 52. Section 321.166, subsection 4, Code Supplement 31 2009, is amended to read as follows: 32 4. The registration plate number, except on motorized 33 bicycle bicycles , motorcycle motorcycles , motorcycle 34 trailer trailers , and trailers with an empty weight of two 35 -24- LSB 5365HV (2) 83 lh/rj 24/ 123
H.F. 2464 thousand pounds or less shall be of sufficient size to be 1 readable from a distance of one hundred feet during daylight. 2 Sec. 53. Section 331.321, subsection 1, paragraph a, Code 3 Supplement 2009, is amended to read as follows: 4 a. A veterans memorial commission in accordance with 5 sections 37.9 to , 37.10, and 37.15, when a proposition to 6 erect a memorial building or monument has been approved by the 7 voters. 8 Sec. 54. Section 331.508, subsection 10, Code 2009, is 9 amended to read as follows: 10 10. Real estate transfer book, index book, and plat 11 book as provided in sections 558.60 to , 558.63, and 558.65 12 through 558.67. 13 Sec. 55. Section 420.220, Code 2009, is amended to read as 14 follows: 15 420.220 City tax sale after public bidder sale. 16 1. Property located in a city acting under special charter 17 which collects its own taxes, shall not, after sale of such 18 property to the county for taxes, be offered or sold at any 19 sale for taxes or special assessments collectible by any such 20 city except in the following events: 21 1. a. In the event of redemption from sale to the county 22 or transfer by the county of the certificate of purchase then 23 sale may be made by the city as freely as if this section 24 and sections 420.220 to 420.221 through 420.229 had never 25 become law. 26 2. b. In the event that any special assessment or 27 installment thereof levied by any such city, prior to April 22, 28 1941, shall be or become delinquent, then the property against 29 which the same was levied may be sold therefor only at the 30 first regular tax sale of such city occurring within such a 31 period of time after delinquency that sale for such assessment 32 or installment might lawfully be made at such first regular tax 33 sale. 34 3. c. In the event of sale or conveyance of the property 35 -25- LSB 5365HV (2) 83 lh/rj 25/ 123
H.F. 2464 by the county after issuance of tax deed to it then sale may 1 be made for general city taxes levied after such sale or 2 conveyance by the county. 3 4. d. In the event of levy of any special assessment 4 against the property after purchase thereof at tax sale by the 5 county, then sale may be made for any such special assessment 6 or installment thereof, then delinquent. 7 2. The county auditor shall, promptly after the purchase 8 of any real estate by the county at tax sale, certify to the 9 city treasurer of any such city, a statement showing the tracts 10 or parcels so purchased and the dates of purchase thereof 11 respectively. In the event either of redemption from any 12 such sale or transfer of the certificate of purchase, the 13 county auditor shall promptly certify to the city treasurer 14 a statement showing such redemption or transfer. The city 15 treasurer shall make appropriate entries in the treasurer’s tax 16 books of the facts so certified by the county auditor as well 17 as of the matters certified by such treasurer to said auditor 18 under the provisions of section 420.222. 19 Sec. 56. Section 422.34, subsection 1, Code 2009, is amended 20 to read as follows: 21 1. All state, national, private, co-operative cooperative , 22 and savings banks, credit unions, title insurance and trust 23 companies, savings and loan associations, production credit 24 associations, insurance companies or insurance associations, 25 reciprocal or inter-insurance exchanges, and fraternal 26 beneficiary associations. 27 Sec. 57. Section 424.16, subsection 2, Code Supplement 28 2009, is amended to read as follows: 29 2. A notice authorized or required under this section may 30 be given by mailing the notice to the person for whom it is 31 intended, addressed to that person at the address given in the 32 last return filed by the person pursuant to this chapter, or if 33 no return has been filed, then to any address obtainable. The 34 mailing of the notice is presumptive evidence of the receipt 35 -26- LSB 5365HV (2) 83 lh/rj 26/ 123
H.F. 2464 of the notice by the person to whom addressed. Any period 1 of time which is determined according to this chapter by the 2 giving of notice commences to run from the date of mailing of 3 the notice. Neither mailed notice or nor notice by publication 4 is required for the initial determination and imposition of the 5 charge. The board shall undertake to provide reasonable notice 6 of the environmental protection charge and procedures, as in 7 the board’s sole discretion it deems appropriate, provided that 8 the actual charge and procedures are published in the Iowa 9 administrative bulletin prior to the effective date of the 10 charge. 11 Sec. 58. Section 433.7, Code Supplement 2009, is amended to 12 read as follows: 13 433.7 Hearing. 14 At the time of determination of value of by the director of 15 revenue, any company interested shall have the right to appear, 16 by its officers or agents, before the director of revenue and 17 be heard on the question of the valuation of its property for 18 taxation. 19 Sec. 59. Section 455B.131, subsection 13, paragraph b, Code 20 2009, is amended to read as follows: 21 b. Qualifies as a small business concern by the United 22 States department of commerce pursuant to 15 U.S.C. § 632 631, 23 et seq . 24 Sec. 60. Section 455B.602, subsection 8, paragraph a, Code 25 2009, is amended to read as follows: 26 a. “Responsible person” means a person who is legally 27 liable for the contamination or who is legally responsible 28 for abating contamination under any applicable law, including 29 chapters 455B and this chapter, chapter 455E, and the common 30 law. This may include a person causing, allowing, or otherwise 31 participating in the activities or events which cause the 32 contamination, persons who have failed to conduct their 33 activities so as to prevent the release of contaminants into 34 groundwater, persons who are obligated to abate a condition, or 35 -27- LSB 5365HV (2) 83 lh/rj 27/ 123
H.F. 2464 persons responsible for or a successor to such persons. 1 Sec. 61. Section 455G.3, subsection 3, paragraph b, Code 2 2009, is amended to read as follows: 3 b. To establish a loan guarantee account, as provided by and 4 to the extent permitted by section 455G.10 , Code 1999 . 5 Sec. 62. Section 455G.21, subsection 3, Code 2009, is 6 amended to read as follows: 7 3. Moneys in the fund shall not be used for purposes of 8 bonding or providing security for bonding under this chapter 9 455G . 10 Sec. 63. Section 466B.3, subsection 4, paragraphs e and k, 11 Code Supplement 2009, are amended to read as follows: 12 e. The director administrator of the homeland security 13 and emergency management division of the department of public 14 defense or the director’s administrator’s designee. 15 k. The executive director of the Iowa finance authority or 16 the executive director’s designee. 17 Sec. 64. Section 483A.24, subsection 2, paragraph f, Code 18 2009, is amended to read as follows: 19 f. (1) A deer hunting license or wild turkey hunting 20 license issued pursuant to this subsection shall be attested by 21 the signature of the person to whom the license is issued and 22 shall contain a statement in substantially the following form: 23 By signing this license I certify that I qualify as an owner 24 or tenant under Iowa Code section 483A.24. 25 (2) A person who makes a false attestation as described 26 in under this paragraph “f” is guilty of a simple misdemeanor. 27 In addition, the person’s hunting license shall be revoked and 28 the person shall not be issued a hunting license for a period 29 of one year. 30 Sec. 65. Section 483A.24, subsection 14, Code 2009, is 31 amended to read as follows: 32 14. Upon payment of the fee of five dollars for a lifetime 33 fishing license or lifetime hunting and fishing combined 34 license, the department shall issue a lifetime fishing license 35 -28- LSB 5365HV (2) 83 lh/rj 28/ 123
H.F. 2464 or lifetime hunting and fishing combined license to a resident 1 of Iowa who has served in the armed forces of the United 2 States on active federal service and who was disabled or was a 3 prisoner of war during that veteran’s military service. The 4 department shall prepare an application to be used by a person 5 requesting a lifetime fishing license or lifetime hunting and 6 fishing combined license under this subsection. The department 7 of veterans affairs shall assist the department in verifying 8 the status or claims of applicants under this subsection. As 9 used in this subsection, “disabled” means entitled to a service 10 connected rating under the United States Code, Title 38, 38 11 U.S.C. ch. 11. 12 Sec. 66. Section 489.1013, subsection 3, paragraph c, Code 13 2009, is amended to read as follows: 14 c. A statement that the domestication was approved as 15 required by this chapter. 16 Sec. 67. Section 491.36, Code 2009, is amended to read as 17 follows: 18 491.36 Foreign-trade zone corporation. 19 A corporation may be organized under the laws of this state 20 for the purpose of establishing, operating , and maintaining 21 a foreign-trade zone as defined in 19 United States Code, 22 § 81(a) U.S.C. § 81a . A corporation organized for the 23 purposes set forth in this section has all powers necessary 24 or convenient for applying for a grant of authority to 25 establish, operate , and maintain a foreign-trade zone under the 26 provisions of 19 United States Code § 81(a) U.S.C. § 81a , et 27 seq., and rules promulgated thereunder, and for establishing, 28 operating , and maintaining a foreign-trade zone pursuant to 29 that grant of authority. 30 Sec. 68. Section 518.14, subsection 4, paragraph g, Code 31 Supplement 2009, is amended to read as follows: 32 g. Home office real estate. With the prior approval of 33 the commissioner, funds may be invested in a home office real 34 estate for the association or a subsidiary, at the direction of 35 -29- LSB 5365HV (2) 83 lh/rj 29/ 123
H.F. 2464 the board of directors. The association or subsidiary shall 1 obtain the approval of the commissioner prior to the sale or 2 disposition of home office real estate owned by the association 3 or subsidiary. Effective as to home office real estate 4 acquired on or after July 1, 2009, an association shall not 5 invest more than twenty percent of its total admitted assets in 6 such real estate. With the prior approval of the commissioner, 7 an association may exceed the real estate investment limitation 8 to effectuate a merger with, or the acquisition of, another 9 association. 10 Sec. 69. Section 518A.12, subsection 4, paragraph g, Code 11 Supplement 2009, is amended to read as follows: 12 g. Home office real estate. With the prior approval of 13 the commissioner, funds may be invested in a home office real 14 estate for the association or a subsidiary, at the direction of 15 the board of directors. The association or subsidiary shall 16 obtain the approval of the commissioner prior to the sale or 17 disposition of home office real estate owned by the association 18 or subsidiary. Effective as to home office real estate 19 acquired on or after July 1, 2009, an association shall not 20 invest more than twenty percent of its total admitted assets in 21 such real estate. With the prior approval of the commissioner, 22 an association may exceed the real estate investment limitation 23 to effectuate a merger with, or the acquisition of, another 24 association. 25 Sec. 70. Section 533A.8, subsection 5, unnumbered paragraph 26 1, Code Supplement 2009, is amended to read as follows: 27 If the debt management program is based on a model which 28 requires the licensee or any licensee to receive money or 29 evidences thereof from the debtor to distribute to the debtor’s 30 creditors, the licensee who receives the money or evidences 31 thereof from the debtor for distribution to the debtor’s 32 creditors shall do all of the following: 33 Sec. 71. Section 537.5105, subsection 2, unnumbered 34 paragraph 1, Code 2009, is amended to read as follows: 35 -30- LSB 5365HV (2) 83 lh/rj 30/ 123
H.F. 2464 In addition to the provisions of section 642.21, the 1 maximum part of the aggregate disposable earnings of an 2 individual for any workweek which is subjected to garnishment 3 to enforce payment of a judgment arising from a consumer credit 4 transaction may not exceed the lesser of twenty-five percent 5 of the individual’s disposable earnings for that week, or 6 the amount by which the individual’s disposable earnings for 7 that week exceed forty times the federal minimum hourly wage 8 prescribed by the Fair Labor Standards Act of 1938, United 9 States Code, title 29, section 206, subsection “a,” paragraph 10 (1) 29 U.S.C. 206(a)(1) , in effect at the time the earnings are 11 payable. 12 Sec. 72. Section 543C.2, subsection 9, Code 2009, is amended 13 to read as follows: 14 9. If the subdivided land sought to be filed comes 15 within the purview of the interstate land sales full 16 disclosure federal Interstate Land Sales Full Disclosure Act 17 (Title 15, United States Code section , codified at 15 U.S.C. 18 § 1701 et seq.) seq., the subdivider must furnish a copy of the 19 accepted report filed with the department of housing and urban 20 development. If the subdivision comes under the regulation of 21 the real estate laws of the state where the land is located 22 and that state requires a state offering statement or public 23 report, the subdivider must also include a copy of said state 24 report. 25 Sec. 73. Section 554.2310, subsection 3, Code Supplement 26 2009, is amended to read as follows: 27 3. if delivery is authorized and made by way of documents 28 of title otherwise than by subsection 2 then payment is due 29 regardless of where the goods are to be received (i) at the 30 time and place at which the buyer is to receive delivery of the 31 tangible documents or (ii) at the time the buyer is to receive 32 delivery of the electronic documents and at the seller’s place 33 of business or if none, the seller’s residence; and 34 Sec. 74. Section 554.12403, subsection 2, Code 2009, is 35 -31- LSB 5365HV (2) 83 lh/rj 31/ 123
H.F. 2464 amended to read as follows: 1 2. a. (i) If the sender and receiving bank are members of 2 a funds-transfer system that nets obligations multilaterally 3 among participants, the receiving bank receives final 4 settlement when settlement is complete in accordance with the 5 rules of the system. 6 b. (ii) The obligation of the sender to pay the amount of 7 a payment order transmitted through the funds-transfer system 8 may be satisfied, to the extent permitted by the rules of 9 the system, by setting off and applying against the sender’s 10 obligation the right of the sender to receive payment from 11 the receiving bank of the amount of any other payment order 12 transmitted to the sender by the receiving bank through the 13 funds-transfer system. 14 c. (iii) The aggregate balance of obligations owed by each 15 sender to each receiving bank in the funds-transfer system 16 may be satisfied, to the extent permitted by the rules of the 17 system, by setting off and applying against that balance the 18 aggregate balance of obligations owed to the sender by other 19 members of the system. The aggregate balance is determined 20 after the right of setoff stated in clause (ii) of this 21 subsection paragraph “b” has been exercised. 22 Sec. 75. Section 554B.2, Code 2009, is amended to read as 23 follows: 24 554B.2 Security interest. 25 A security interest in rolling stock of a transmitting 26 utility may be perfected either as provided in the Uniform 27 Commercial Code, chapter 554, or as provided in the Interstate 28 Commerce ICC Termination Act of 1995 , 49 U.S.C. , section 20 29 “c.” § 701, 11301. 30 Sec. 76. Section 602.8106, subsection 1, paragraph d, Code 31 Supplement 2009, is amended to read as follows: 32 d. The For court costs in scheduled violation cases where a 33 court appearance is required, sixty dollars. 34 Sec. 77. Section 626D.3, subsection 2, Code 2009, is amended 35 -32- LSB 5365HV (2) 83 lh/rj 32/ 123
H.F. 2464 to read as follows: 1 2. The person filing the tribal judgment shall make and file 2 with the clerk of court an affidavit setting forth the name and 3 last known address of the party seeking enforcement and the 4 responding party. Upon the filing of the tribal judgment and 5 accompanying affidavit, the enforcing party shall serve upon 6 the responding party a notice of filing of the tribal judgment 7 together with a copy of the tribal judgment in accordance with 8 Iowa rule of civil procedure 1.442 of the Iowa rules of civil 9 procedure . The enforcing party shall file proof of service or 10 mailing with the clerk of court. The notice of filing shall 11 include the name and address of the enforcing party and the 12 enforcing party’s attorney, if any, and shall include the text 13 contained in sections 626D.4 and 626D.5. 14 Sec. 78. Section 633.517, subsection 1, Code 2009, is 15 amended to read as follows: 16 1. A written finding of presumed death, made by the 17 secretary of defense, or other officer or employee of the 18 United States authorized to make such finding, pursuant to 19 the federal Missing Persons Act [56 , 56 Stat. 143, 1092, and 20 P.L. 408, Ch. 371, 2d Session 78th Congress ; 50 U.S.C. App. 21 Supp. 1001-17] codified at 10 U.S.C. 1501, et seq. , as now or 22 hereafter amended, or a duly certified copy of such a finding, 23 shall be received in any court, office , or other place in this 24 state, as evidence of the death of the person therein found 25 to be dead, and of the date, circumstances, and place of the 26 disappearance. 27 Sec. 79. Section 636.45, Code Supplement 2009, is amended 28 to read as follows: 29 636.45 Federally insured loans. 30 1. Insurance companies, building savings and loan 31 associations, trustees, guardians, executors, administrators, 32 and other fiduciaries, the state and its political 33 subdivisions, and institutions and agencies thereof, and all 34 other persons, associations, and corporations (1) may : 35 -33- LSB 5365HV (2) 83 lh/rj 33/ 123
H.F. 2464 a. May make such loans and advances of credit and purchases 1 of obligations representing loans and advances of credit as 2 are eligible for insurance pursuant to Tit. I, section § 2, of 3 the National Housing Act [12 (1934), codified at 12 U.S.C. ch. 4 13] 13 , and may obtain such insurance , (2) may ; 5 b. May make such loans, secured by real property or 6 leasehold, as the federal housing administrator insures 7 or makes a commitment to insure pursuant to Tit. II of 8 the National Housing Act (1934) , and may obtain such 9 insurance , ; and (3) may 10 c. May make real property loans which are guaranteed or 11 insured by the secretary of the United States department of 12 veterans affairs under the provisions of Tit. 38, sections 1801 13 through 1824, inclusive, United States Code 38 U.S.C. § 3701 14 et seq . 15 2. It shall be lawful for insurance companies, building 16 and loan associations, trustees, guardians, executors, 17 administrators, and other fiduciaries, the state and its 18 political subdivisions, and institutions and agencies thereof, 19 and all other persons, associations, and corporations, subject 20 to the laws of this state, to originate real estate loans which 21 are guaranteed or insured by the secretary of the United States 22 department of veterans affairs under the provisions of Tit. 38, 23 sections 1801 through 1824, inclusive, United States Code 38 24 U.S.C. § 3701 et seq. , and originate loans secured by real 25 property or leasehold, as the federal housing administrator 26 insures or makes a commitment to insure pursuant to Tit. II of 27 the National Housing Act (1934) , and may obtain such insurance 28 and may invest their funds, and the moneys in their custody or 29 possession, eligible for investment, in bonds and notes secured 30 by mortgage or trust deed insured by the federal housing 31 administrator, and in the debentures issued by the federal 32 housing administrator pursuant to Tit. II of the National 33 Housing Act (1934) , and in securities issued by national 34 mortgage associations or similar credit institutions now or 35 -34- LSB 5365HV (2) 83 lh/rj 34/ 123
H.F. 2464 hereafter organized under Tit. III of the National Housing 1 Act (1934) , and in real estate loans which are guaranteed or 2 insured by the secretary of the United States department of 3 veterans affairs under the provisions of Tit. 38, sections 1801 4 through 1824, inclusive, United States Code 38 U.S.C. § 3701 5 et seq . 6 Sec. 80. Section 669.22, Code 2009, is amended to read as 7 follows: 8 669.22 Actions in federal court. 9 The state shall defend any employee, and shall indemnify and 10 hold harmless an employee of the state in any action commenced 11 in federal court under section 1983, Title 42, United States 12 Code, 42 U.S.C. § 1983 against the employee for acts of the 13 employee while acting in the scope of employment. The duty to 14 indemnify and hold harmless shall not apply and the state shall 15 be entitled to restitution from an employee if the employee 16 fails to cooperate in the investigation or defense of the claim 17 or demand, or if, in an action commenced by the state against 18 the employee, it is determined that the conduct of the employee 19 upon which the claim or demand was based constituted a willful 20 and wanton act or omission or malfeasance in office. 21 Sec. 81. Section 670.8, unnumbered paragraph 2, Code 2009, 22 is amended to read as follows: 23 The duties to defend and to save harmless and indemnify shall 24 apply whether or not the municipality is a party to the action 25 and shall include but not be limited to cases arising under 26 title 42 United States Code section 42 U.S.C. § 1983. 27 Sec. 82. Section 714B.10, subsection 2, Code 2009, is 28 amended to read as follows: 29 2. Advertising in connection with the sale or purchase of 30 books, recordings, videocassettes, periodicals, and similar 31 goods through a membership group or club which is regulated 32 by the federal trade commission pursuant to Code of Federal 33 Regulations, Title 16, part 4525.1 16 C.F.R. pt. 425.1 , 34 concerning use of negative option plans by sellers in commerce. 35 -35- LSB 5365HV (2) 83 lh/rj 35/ 123
H.F. 2464 Sec. 83. Section 723.4, subsection 6, paragraph b, 1 unnumbered paragraph 1, Code 2009, is amended to read as 2 follows: 3 As used in this section subsection : 4 Sec. 84. 2009 Iowa Acts, chapter 9, section 6, subsection 1, 5 is amended by striking the subsection. 6 Sec. 85. 2009 Iowa Acts, chapter 100, section 35, is amended 7 to read as follows: 8 SEC. 35. EFFECTIVE AND APPLICABILITY DATES. This division 9 of this Act, being deemed of immediate importance, takes effect 10 upon enactment and applies to disaster recovery housing project 11 costs incurred on or after the effective date of this division 12 of this Act and before July 1, 2010. 13 Sec. 86. 2009 Iowa Acts, chapter 175, section 25, is amended 14 to read as follows: 15 SEC. 25. EFFECTIVE DATE. The section of this Act amending 16 section 455B.172, subsection 1 11 , paragraph “a”, as enacted 17 by 2008 Iowa Acts, chapter 1033, section 1, takes effect July 18 1, 2010. 19 Sec. 87. 2009 Iowa Acts, chapter 179, section 30, is amended 20 to read as follows: 21 SEC. 30. Section 12.90C, subsection 2, paragraph a, if 22 enacted by 2009 Iowa Acts, Senate File 477, is amended to read 23 as follows: 24 3. a. The net proceeds of bonds issued pursuant to section 25 12.90A other than bonds issued for the purpose of refunding 26 such bonds and investment earnings on the net proceeds. 27 Sec. 88. 2009 Iowa Acts, chapter 179, sections 201 and 202, 28 are amended to read as follows: 29 SEC. 201. IMPLEMENTATION. Section 25B.7 does not apply 30 to the property tax exemption enacted in this division of 31 this Act. 32 SEC. 202. APPLICABILITY DATE PROVISION. The sections of 33 this division of this Act providing sales and use tax refunds 34 apply to sales and use tax paid on or after July 1, 2009. 35 -36- LSB 5365HV (2) 83 lh/rj 36/ 123
H.F. 2464 Sec. 89. REPEAL. 2009 Iowa Acts, chapter 133, sections 228 1 and 247, are repealed. 2 Sec. 90. REPEAL. 2009 Iowa Acts, chapter 170, section 3, 3 is repealed. 4 DIVISION II 5 VOLUME III RENUMBERING 6 Sec. 91. Section 260C.14, subsections 10 and 17, Code 7 Supplement 2009, are amended to read as follows: 8 10. Make necessary rules to provide for the policing, 9 control, and regulation of traffic and parking of vehicles and 10 bicycles on the property of the community college. 11 a. The rules may provide for the use of institutional roads, 12 driveways, and grounds; registration of vehicles and bicycles; 13 the designation of parking areas; the erection and maintenance 14 of signs designating prohibitions or restrictions; the 15 installation and maintenance of parking control devices except 16 parking meters; and assessment, enforcement, and collection of 17 reasonable penalties for the violation of the rules. 18 b. Rules made under this subsection may be enforced under 19 procedures adopted by the board of directors. Penalties may 20 be imposed upon students, faculty, and staff for violation 21 of the rules, including , but not limited to , a reasonable 22 monetary penalty which may be deducted from student deposits 23 and faculty or staff salaries or other funds in possession of 24 the community college or added to student tuition bills. The 25 rules made under this subsection may also be enforced by the 26 impoundment of vehicles and bicycles parked in violation of 27 the rules, and a reasonable fee may be charged for the cost of 28 impoundment and storage prior to the release of the vehicle or 29 bicycle to the owner. Each community college shall establish 30 procedures for the determination of controversies in connection 31 with the imposition of penalties. The procedures shall require 32 giving notice of the violation and the penalty prescribed and 33 providing the opportunity for an administrative hearing. 34 17. a. Provide for eligible alternative retirement benefits 35 -37- LSB 5365HV (2) 83 lh/rj 37/ 123
H.F. 2464 systems which shall be limited to the following: 1 a. (1) An alternative retirement benefits system which is 2 issued by or through a nonprofit corporation issuing retirement 3 annuities exclusively to educational institutions and their 4 employees for persons newly employed after July 1, 1990, and 5 for persons employed by the community college who are members 6 of the Iowa public employees’ retirement system on July 1, 7 1994, and who elect coverage under that system pursuant to 8 section 97B.42, in lieu of coverage under the Iowa public 9 employees’ retirement system. 10 b. (2) An alternative retirement benefits system which 11 is issued by or through an insurance company authorized to 12 issue annuity contracts in this state, for persons newly 13 employed on or after July 1, 1997, who are already members 14 of the alternative retirement benefits system and who elect 15 coverage under that system pursuant to section 97B.42, in lieu 16 of coverage under the Iowa public employees’ retirement system. 17 c. (3) An alternative retirement benefits system offered 18 through the community college, at the discretion of the 19 board of directors of the community college, pursuant to 20 this lettered paragraph subparagraph which is issued by or 21 through an insurance company authorized to issue annuity 22 contracts in this state, for persons newly employed by that 23 community college on or after July 1, 1998, who are not 24 members of the alternative retirement benefits system and 25 who elect coverage under that system pursuant to section 26 97B.42, in lieu of coverage under the Iowa public employees’ 27 retirement system. The board of directors of a community 28 college may limit the number of providers of alternative 29 retirement benefits systems offered pursuant to this lettered 30 paragraph subparagraph to no more than six. The selection by 31 the board of directors of a community college of a provider 32 of an alternative retirement benefits system pursuant to 33 this lettered paragraph subparagraph shall not constitute an 34 endorsement of that provider by the community college. 35 -38- LSB 5365HV (2) 83 lh/rj 38/ 123
H.F. 2464 b. However, the employer’s annual contribution in dollars 1 under an eligible alternative retirement benefits system 2 described in this subsection shall not exceed the annual 3 contribution in dollars which the employer would contribute if 4 the employee had elected to remain an active member pursuant 5 to the Iowa public employees’ retirement system, as set forth 6 in section 97B.11. 7 c. For purposes of this subsection, “alternative retirement 8 benefits system” means an employer-sponsored primary pension 9 plan requiring mandatory employer contributions that meets 10 the requirements of section 401(a), 403(a), or 403(b) of the 11 Internal Revenue Code. 12 Sec. 92. Section 261.1, Code 2009, is amended to read as 13 follows: 14 261.1 Commission created. 15 1. There is hereby created a commission to be known as the 16 “College Student Aid Commission” of the state of Iowa. 17 2. Membership of the commission shall be as follows: 18 1. a. A member of the state board of regents to be named 19 by the board, or the executive director of the board if 20 so appointed by the board, who shall serve for a four-year 21 term or until the expiration of the member’s term of office. 22 Such member shall convene the organizational meeting of the 23 commission. 24 2. b. The director of the department of education or the 25 director’s designee. 26 3. a. c. (1) Two members of the senate, one to be 27 appointed by the president of the senate and one to be 28 appointed by the minority leader of the senate, to serve as ex 29 officio, nonvoting members. 30 b. (2) Two members of the house of representatives, one 31 to be appointed by the speaker of the house of representatives 32 and one to be appointed by the minority leader of the house of 33 representatives, to serve as ex officio, nonvoting members. 34 c. (3) The members of the senate and house of 35 -39- LSB 5365HV (2) 83 lh/rj 39/ 123
H.F. 2464 representatives shall serve at the pleasure of the appointing 1 legislator for a term beginning upon the convening of the 2 general assembly and expiring upon the convening of the 3 following general assembly, or when the appointee’s successor 4 is appointed, whichever occurs later. 5 4. d. Eight additional members to be appointed by the 6 governor. One of the members shall be selected to represent 7 private colleges and universities located in the state of 8 Iowa. When appointing this member, the governor shall give 9 careful consideration to any person or persons nominated or 10 recommended by any organization or association of some or all 11 private colleges and universities located in the state of Iowa. 12 One of the members shall be selected to represent community 13 colleges located in the state of Iowa. When appointing this 14 member, the governor shall give careful consideration to any 15 person or persons nominated or recommended by any organization 16 or association of Iowa community colleges. One member shall 17 be enrolled as a student at a board of regents institution, 18 community college, or accredited private institution. One 19 member shall be a representative of a lending institution 20 located in this state. One member shall be an individual 21 who is repaying or has repaid a student loan guaranteed by 22 the commission. The other three members, none of whom shall 23 be official board members or trustees of an institution of 24 higher learning or of an association of institutions of higher 25 learning, shall be selected to represent the general public. 26 3. The members of the commission appointed by the governor 27 shall serve for a term of four years. 28 4. a. Vacancies on the commission shall be filled for the 29 unexpired term of such vacancies in the same manner as the 30 original appointment. 31 b. A vacancy shall exist on the commission when a 32 legislative member of the commission ceases to be a member of 33 the general assembly or when a student member ceases to be 34 enrolled as a student. Such vacancy shall be filled within 35 -40- LSB 5365HV (2) 83 lh/rj 40/ 123
H.F. 2464 thirty days. 1 Sec. 93. Section 261.48, Code 2009, is amended to read as 2 follows: 3 261.48 Minority teacher loan payments. 4 1. An individual is eligible for reimbursement payments 5 under the guaranteed loan payment program if the individual 6 meets all of the following conditions: 7 1. a. Is a teacher employed on a full-time basis under 8 sections 279.13 through 279.19 in a school district in this 9 state, is a teacher in an approved nonpublic school in this 10 state, or is a licensed teacher at the Iowa braille and sight 11 saving school or the Iowa school for the deaf. 12 2. b. Is a member of a minority. 13 3. c. Has never defaulted on a loan guaranteed by the 14 commission. 15 4. d. Has an outstanding debt with an eligible lender 16 under the Iowa guaranteed student loan program or the Iowa 17 supplemental loans for students program, has parents with an 18 outstanding debt with an eligible lender under the Iowa PLUS 19 loan program, or has an outstanding debt under the Stafford 20 loan program, the supplemental loans for students program, or 21 the PLUS loan program. 22 5. e. Graduated from college after January 1, 1989. 23 2. The maximum annual reimbursement payment to an eligible 24 teacher under this section for loan repayments made during a 25 school year is one thousand dollars or the remainder of the 26 teacher’s loan, whichever is less. Total payments under this 27 section for an eligible teacher are limited to a six-year 28 period and shall not exceed six thousand dollars. If a teacher 29 fails to complete a year of employment on a full-time basis 30 as provided in subsection 1, paragraph “a” , the teacher shall 31 not be reimbursed for loan payments made during that school 32 year. If the number of eligible applicants exceeds the funding 33 available, the commission may accept applicants based on 34 academic scholarship. 35 -41- LSB 5365HV (2) 83 lh/rj 41/ 123
H.F. 2464 3. The commission may sign contracts with eligible students 1 at or after the time of loan origination to assure loan 2 repayment. 3 Sec. 94. Section 261.121, subsection 2, unnumbered 4 paragraph 2, Code 2009, is amended to read as follows: 5 3. The notice shall include all of the following: 6 Sec. 95. Section 272C.6, subsections 3, 4, and 6, Code 2009, 7 are amended to read as follows: 8 3. a. The presiding officer of a hearing panel may issue 9 subpoenas pursuant to rules of the board on behalf of the board 10 or on behalf of the licensee. A licensee may have subpoenas 11 issued on the licensee’s behalf. 12 (1) A subpoena issued under the authority of a licensing 13 board may compel the attendance of witnesses and the production 14 of professional records, books, papers, correspondence and 15 other records, whether or not privileged or confidential under 16 law, which are deemed necessary as evidence in connection with 17 a disciplinary proceeding. 18 (2) Nothing in this subsection shall be deemed to enable 19 a licensing board to compel an attorney of the licensee, or 20 stenographer or confidential clerk of the attorney, to disclose 21 any information when privileged against disclosure by section 22 622.10. 23 (3) In the event of a refusal to obey a subpoena, the 24 licensing board may petition the district court for its 25 enforcement. Upon proper showing, the district court shall 26 order the person to obey the subpoena, and if the person fails 27 to obey the order of the court the person may be found guilty of 28 contempt of court. 29 b. The presiding officer of a hearing panel may also 30 administer oaths and affirmations, take or order that 31 depositions be taken, and pursuant to rules of the board, grant 32 immunity to a witness from disciplinary proceedings initiated 33 either by the board or by other state agencies which might 34 otherwise result from the testimony to be given by the witness 35 -42- LSB 5365HV (2) 83 lh/rj 42/ 123
H.F. 2464 to the panel. 1 4. a. In order to assure a free flow of information for 2 accomplishing the purposes of this section, and notwithstanding 3 section 622.10, all complaint files, investigation files, 4 other investigation reports, and other investigative 5 information in the possession of a licensing board or peer 6 review committee acting under the authority of a licensing 7 board or its employees or agents which relates to licensee 8 discipline are privileged and confidential, and are not subject 9 to discovery, subpoena, or other means of legal compulsion 10 for their release to a person other than the licensee and 11 the boards, their employees and agents involved in licensee 12 discipline, and are not admissible in evidence in a judicial or 13 administrative proceeding other than the proceeding involving 14 licensee discipline. However, investigative information 15 in the possession of a licensing board or its employees or 16 agents which relates to licensee discipline may be disclosed 17 to appropriate licensing authorities within this state, 18 the appropriate licensing authority in another state, the 19 coordinated licensure information system provided for in 20 the nurse licensure compact contained in section 152E.1 or 21 the advanced practice registered nurse compact contained in 22 section 152E.3, the District of Columbia, or a territory or 23 country in which the licensee is licensed or has applied for a 24 license. If the investigative information in the possession 25 of a licensing board or its employees or agents indicates a 26 crime has been committed, the information shall be reported 27 to the proper law enforcement agency. However, a final 28 written decision and finding of fact of a licensing board in a 29 disciplinary proceeding, including a decision referred to in 30 section 272C.3, subsection 4, is a public record. 31 b. Pursuant to the provisions of section 17A.19, subsection 32 6, a licensing board upon an appeal by the licensee of the 33 decision by the licensing board, shall transmit the entire 34 record of the contested case to the reviewing court. 35 -43- LSB 5365HV (2) 83 lh/rj 43/ 123
H.F. 2464 c. Notwithstanding the provisions of section 17A.19, 1 subsection 6, if a waiver of privilege has been involuntary 2 and evidence has been received at a disciplinary hearing, the 3 court shall order withheld the identity of the individual whose 4 privilege was waived. 5 6. a. A board created pursuant to chapter 147, 154A, 155, 6 169, 542, 542B, 543B, 543D, 544A, or 544B may charge a fee not 7 to exceed seventy-five dollars for conducting a disciplinary 8 hearing pursuant to this chapter which results in disciplinary 9 action taken against the licensee by the board, and in addition 10 to the fee, may recover from a licensee the costs for the 11 following procedures and associated personnel: 12 a. (1) Transcript. 13 b. (2) Witness fees and expenses. 14 c. (3) Depositions. 15 d. (4) Medical examination fees incurred relating to a 16 person licensed under chapter 147, 154A, 155, or 169. 17 b. The department of agriculture and land stewardship, 18 the department of commerce, and the Iowa department of public 19 health shall each adopt rules pursuant to chapter 17A which 20 provide for the allocation of fees and costs collected pursuant 21 to this section to the board under its jurisdiction collecting 22 the fees and costs. The fees and costs shall be considered 23 repayment receipts as defined in section 8.2. 24 Sec. 96. Section 273.9, subsection 4, Code 2009, is amended 25 to read as follows: 26 4. The costs of media services provided through the area 27 education agency shall not be funded until the program plans 28 submitted by the administrators of each area education agency 29 as required by section 273.4 are modified as necessary and 30 approved by the director of the department of education 31 according to the criteria of section 273.6. 32 5. The state board of education shall adopt rules under 33 chapter 17A relating to the approval of program plans under 34 this section. 35 -44- LSB 5365HV (2) 83 lh/rj 44/ 123
H.F. 2464 Sec. 97. Section 273.22, subsection 2, Code 2009, is amended 1 to read as follows: 2 2. a. The collective bargaining agreement of the area 3 education agency with the largest basic enrollment, as 4 defined in section 257.6, for the year prior to the year the 5 reorganization is effective, shall serve as the base agreement 6 in the new area education agency and the employees of the other 7 area education agencies involved in the formation of the new 8 area education agency shall automatically be accreted to the 9 bargaining unit of that collective bargaining agreement for 10 purposes of negotiating the contracts for the following years 11 without further action by the public employment relations 12 board. If only one collective bargaining agreement is in 13 effect among the area education agencies that are party to 14 the reorganization, that agreement shall serve as the base 15 agreement, and the employees of the other agencies involved 16 in the formation of the new area education agency shall 17 automatically be accreted to the bargaining unit of that 18 collective bargaining agreement for purposes of negotiating the 19 contracts for the following years without further action by the 20 public employment relations board. 21 b. The board of the newly formed area education agency, 22 using the base agreement as its existing contract, shall 23 bargain with the combined employees of the affected agencies 24 for the school year that begins on the effective date of the 25 reorganization. The bargaining shall be completed by the 26 dates specified in section 20.17 prior to the school year 27 in which the reorganization becomes effective or within one 28 hundred eighty days after the organization of the new board, 29 whichever is later. If a bargaining agreement was already 30 concluded by the board and employees of the affected agency 31 with the contract serving as the base agreement for the school 32 year beginning with the effective date of the reorganization, 33 that agreement shall be void. However, if the base agreement 34 contains multiyear provisions affecting school years subsequent 35 -45- LSB 5365HV (2) 83 lh/rj 45/ 123
H.F. 2464 to the effective year of the reorganization, the base agreement 1 shall remain in effect as specified in the agreement. 2 c. The provisions of the base agreement shall apply to the 3 offering of new contracts or continuation, modification, or 4 termination of existing contracts as provided in subsection 1. 5 Sec. 98. Section 275.33, subsection 2, Code 2009, is amended 6 to read as follows: 7 2. a. The collective bargaining agreement of the district 8 with the largest basic enrollment for the year prior to 9 the reorganization, as defined in section 257.6, in the new 10 district shall serve as the base agreement and the employees 11 of the other districts involved in the formation of the new 12 district shall automatically be accreted to the bargaining 13 unit of that collective bargaining agreement for purposes of 14 negotiating the contracts for the following years without 15 further action by the public employment relations board. If 16 only one collective bargaining agreement is in effect among 17 the districts which are party to the reorganization, then that 18 agreement shall serve as the base agreement, and the employees 19 of the other districts involved in the formation of the new 20 district shall automatically be accreted to the bargaining 21 unit of that collective bargaining agreement for purposes of 22 negotiating the contracts for the following years without 23 further action by the public employment relations board. 24 b. The board of the newly formed district, using the base 25 agreement as its existing contract, shall bargain with the 26 combined employees of the existing districts for the school 27 year beginning with the effective date of the reorganization. 28 The bargaining shall be completed by the dates specified 29 in section 20.17 prior to the school year in which the 30 reorganization becomes effective or within one hundred eighty 31 days after the organization of the new board, whichever is 32 later. If a bargaining agreement was already concluded by the 33 board and employees of the existing district with the contract 34 serving as the base agreement for the school year beginning 35 -46- LSB 5365HV (2) 83 lh/rj 46/ 123
H.F. 2464 with the effective date of the reorganization, that agreement 1 shall be void. However, if the base agreement contains 2 multiyear provisions affecting school years subsequent to the 3 effective date of the reorganization, the base agreement shall 4 remain in effect as specified in the agreement. 5 c. The provisions of the base agreement shall apply to the 6 offering of new contracts, or continuation, modification, or 7 termination of existing contracts as provided in subsection 1 8 of this section . 9 Sec. 99. Section 277.28, Code 2009, is amended to read as 10 follows: 11 277.28 Oath required. 12 1. Each director elected at a regular district or director 13 district election shall qualify by taking the oath of office 14 on or before the time set for the organization meeting of the 15 board and the election and qualification entered of record by 16 the secretary. The oath may be administered by any qualified 17 member of the board or the secretary of the board and may be 18 taken in substantially the following form: 19 “Do Do you solemnly swear that you will support the 20 Constitution of the United States and the Constitution of the 21 State of Iowa and that you will faithfully and impartially to 22 the best of your ability discharge the duties of the office 23 of .................... (naming the office) 24 in ........................ (naming the district) as now or 25 hereafter required by law?” law? 26 2. If the oath of office is taken elsewhere than in the 27 presence of the board in session it may be administered by 28 any officer listed in sections 63A.1 and 63A.2 and shall be 29 subscribed to by the person taking it in substantially the 30 following form: 31 “I I , ........................ , do solemnly swear that I 32 will support the Constitution of the United States and the 33 Constitution of the State of Iowa and that I will faithfully 34 and impartially to the best of my ability discharge the duties 35 -47- LSB 5365HV (2) 83 lh/rj 47/ 123
H.F. 2464 of the office of ........................ (naming the office) 1 in ........................ (naming the district) as now or 2 hereafter required by law.” law. 3 3. Such oath shall be properly verified by the administering 4 officer and filed with the secretary of the board. 5 Sec. 100. Section 279.40, Code 2009, is amended to read as 6 follows: 7 279.40 Sick leave. 8 1. a. Public school employees are granted leave of absence 9 for medically related disability with full pay in the following 10 minimum amounts: 11 1. (1) The first year of employment ........... 10 days. 12 2. (2) The second year of employment .......... 11 days. 13 3. (3) The third year of employment ........... 12 days. 14 4. (4) The fourth year of employment .......... 13 days. 15 5. (5) The fifth year of employment ........... 14 days. 16 6. (6) The sixth and subsequent years 17 of employment .......................... 15 days. 18 b. The above amounts shall apply only to consecutive years 19 of employment in the same school district and unused portions 20 shall be cumulative to at least a total of ninety days. The 21 school board shall, in each instance, require such reasonable 22 evidence as it may desire confirming the necessity for such 23 leave of absence. 24 2. Nothing in this section shall be construed as limiting 25 the right of a school board to grant more time than the days 26 herein specified. 27 3. Cumulation of sick leave under this section shall not be 28 affected or terminated due to the organization or dissolution 29 of a community school district or districts which include all 30 or the portion of the district which employed the particular 31 public school employee for the school year previous to the 32 organization or dissolution, if the employee is employed by one 33 of the community school districts for the first school year 34 following its organization or dissolution. 35 -48- LSB 5365HV (2) 83 lh/rj 48/ 123
H.F. 2464 4. Any amounts due an employee under this section shall be 1 reduced by benefits payable under sections 85.33 and 85.34, 2 subsection 1. 3 Sec. 101. Section 279.51, subsection 1, unnumbered 4 paragraphs 1 and 2, Code 2009, are amended to read as follows: 5 There is appropriated from the general fund of the state 6 to the department of education for the fiscal year beginning 7 July 1, 2007, and each succeeding fiscal year, the sum of 8 twelve million six hundred six thousand one hundred ninety-six 9 dollars. The moneys shall be allocated as follows: 10 The moneys shall be allocated as follows: 11 Sec. 102. Section 280.21A, subsection 1, Code 2009, is 12 amended to read as follows: 13 1. a. A school employee who, in the course of employment, 14 suffers a personal injury causing temporary total disability, 15 or a permanent partial or total disability, resulting from an 16 episode of violence toward that employee, for which workers’ 17 compensation under chapter 85 is payable, shall be entitled 18 to receive workers’ compensation, which the district shall 19 supplement in order for the employee to receive full salary and 20 benefits for the shortest of the following periods: 21 a. (1) One year from the date of the disability. 22 b. (2) The period during which the employee is disabled and 23 incapable of employment. 24 b. During the period described in paragraph “a” or “b” , 25 subparagraph (1) or (2), the school employee shall not be 26 required to use accumulated sick leave or vacation. 27 Sec. 103. Section 284.14, subsection 5, Code 2009, is 28 amended to read as follows: 29 5. Iowa excellence fund. 30 a. An Iowa excellence fund is created within the office of 31 the treasurer of state, to be administered by the commission. 32