House File 774 - Introduced

HOUSE FILE  	
BY	COMMITTEE ON JUDICIARY

(SUCCESSOR TO HSB 263)

Passed House, Date			Passed Senate,	Date  	 Vote:	Ayes	Nays				Vote:	Ayes		Nays  	 
Approved  	

A BILL FOR

An Act relating to statutory corrections which may adjust
language to reflect current practices, insert earlier
omissions, delete redundancies and inaccuracies, delete
temporary language, resolve inconsistencies and conflicts,
update ongoing provisions, or remove ambiguities, and
including effective and applicability date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
TLSB 2130HV 83
lh/rj/8

PAG LIN

1	
1		
DIVISION I	
1	2		MISCELLANEOUS PROVISIONS	
1	3	Section 1.	Section 6B.14, subsection 1, Code 2009, is	
1	4 amended to read as follows:
1	5	1.	The commissioners shall, at the time fixed in the
1	6 aforesaid notices required under section 6B.8, view the land
1	7 sought to be condemned and assess the damages which the owner
1	8 will sustain by reason of the appropriation.	The commission
1	9 shall file its written report, signed by all commissioners,
1 10 with the sheriff.	At the request of the condemner or the
1 11 condemnee, the commission shall divide the damages into parts
1 12 to indicate the value of any dwelling, the value of the land
1 13 and improvements other than a dwelling, and the value of any
1 14 additional damages.	The appraisement and return may be in
1 15 parcels larger than forty acres belonging to one person and
1 16 lying in one tract, unless the agent or attorney of the
1 17 applicant, or the commissioners, have actual knowledge that
1 18 the tract does not belong wholly to the person in whose name
1 19 it appears of record; and in case of such knowledge, the
1 20 appraisement shall be made of the different portions as they
1 21 are known to be owned.
1 22	Sec. 2.	Section 9D.1, Code 2009, is amended to read as
1 23 follows:
1 24	9D.1	DEFINITIONS.
1 25	As used in this chapter, unless the context otherwise
  1 26 requires:
1 27	1.	"Applicant" means a person applying for registration
1 28 under this chapter.
1 29	2.	"Customer" means a person who is offered or who
1 30 purchases travel services.
1 31	3.  "Doing business" in this state means any of the
  1 32 following:
1 33	a.  Offering to sell or selling travel services, if the
  1 34 offer is made or received within the state.
35	b.  Offering to arrange or arranging travel services for a
  2  1 fee or commission, direct or indirect, if the offer is made or
  2  2 received in this state.
3	c.  Offering to award or awarding travel services as a
  2  4 prize or award, if the offer or award is made in or received
  2  5 in this state.
2	6	3.	4.	"Registrant" means a person registered pursuant to
2	7 this chapter.
2	8	4.	5.	"Secretary" means the secretary of state.
2	9	5.	6.	"Solicitation" means contact by a travel agency or
2 10 travel agent of a customer for the purpose of selling or
2 11 offering to sell travel services.
2 12	6.	7.	"Travel agency" means a person who represents,
2 13 directly or indirectly, that the person is offering or
2 14 undertaking by any means or method, to provide travel services

2 15 for a fee, commission, or other valuable consideration, direct
2 16 or indirect.
2 17	7.	8.	"Travel agent" means a person employed by a travel
2 18 agency whose principal duties include consulting with and
2 19 advising persons concerning travel arrangements or
2 20 accommodations.
2 21	8.	9.	"Travel services" means arranging or booking
2 22 vacation or travel packages, travel reservations or
2 23 accommodations, tickets for domestic or foreign travel by air,
2 24 rail, ship, bus, or other medium of transportation, or hotel
2 25 or other lodging accommodations.	Travel services include
2 26 travel related prizes or awards for which the customer must
2 27 pay a fee or, in connection with the prize or award, expend
2 28 moneys for the direct or indirect monetary benefit of the
2 29 person making the award, in order for the customer to collect
2 30 or enjoy the benefits of the prize or award.
2 31	Sec. 3.	Section 9D.2, subsections 4 through 9, Code 2009,
2 32 are amended to read as follows:
2 33	4.  "Doing business" in this state, for purposes of this
  2 34 chapter, means any of the following:
35	a.  Offering to sell or selling travel services, if the
  3  1 offer is made or received within the state.
2	b.  Offering to arrange, or arranging, travel services for
  3  3 a fee or commission, direct or indirect, if the offer is made
  3  4 or received in this state.
3	5	c.  Offering to, or awarding travel services as a prize or
  3  6 award, if the offer or award is made in or received in this
  3  7 state.
3	8	5.	4.	An applicant shall complete an application for
3	9 registration form provided by the secretary.	The application
3 10 form must be accompanied by the required bond or evidence of
3 11 financial responsibility and the registration fee.	The
3 12 application form shall include all of the following
3 13 information:
3 14	a.	The name and signature of an officer or partner of a
3 15 business entity or the names and signatures of the principal
3 16 owner and operator if the agency is a sole proprietorship.
3 17	b.	The name, address, and telephone number of the
3 18 applicant and the name of all travel agents employed by the
3 19 applicant travel agency.
3 20	c.	The name, address, and telephone number of any person
3 21 who owns or controls, directly or indirectly, ten percent or
3 22 more of the applicant.
3 23	d.	If the applicant is a foreign corporation or business,
3 24 the name and address of the corporation's agent in this state
3 25 for service of process.
3 26	e.	Any additional information required by rule adopted by
3 27 the secretary pursuant to chapter 17A.
3 28	6.	5.	The application form shall be accompanied by a
3 29 written irrevocable consent to service of process.	The
3 30 consent must provide that actions in connection with doing
3 31 business in this state may be commenced against the registrant
3 32 in the proper jurisdiction in this state in which the cause of
3 33 action may arise, or in which the plaintiff may reside, by
3 34 service of process on the secretary as the registrant's agent
35 and stipulating and agreeing that such service of process
1 shall be taken and held in all courts to be as valid and
4	2 binding as if service of process had been made upon the person
4	3 according to the laws of this or any other state.	The consent
4	4 to service of process shall be in such form and supported by
4	5 such additional information as the secretary may by rule
4	6 require.
4	7	7.	6.	An annual registration fee as established by the
4	8 secretary by rule is required at the time the application for
4	9 registration form is filed with the secretary, and on or
4 10 before the anniversary date of the effective date of
4 11 registration for each subsequent year.	The registration fee
4 12 shall be established at a rate deemed reasonably necessary by
4 13 the secretary to support the administration of this chapter,
4 14 but not to exceed fifteen dollars per year per agency.	If an
4 15 applicant or a registrant fails to pay the annual registration
4 16 fee, the application for registration or registration lapses
4 17 and becomes ineffective.
4 18	8.	7.	A registrant shall submit to the secretary
4 19 corrections to the information supplied in the registration
4 20 form within a reasonable time after a change in circumstances,
4 21 which circumstances would be required to be reported in an
4 22 application for registration form, except travel agents' names
4 23 as required in subsection 5 4, paragraph "b".	The names of
4 24 travel agents shall be updated at the time of annual
4 25 registration.

4 26	9.	8.	The secretary may revoke or suspend a registration
4 27 for cause subject to the contested case provisions of chapter 4 28 17A.
4 29	Sec. 4.	Section 10.1, subsections 9 and 17, Code 2009, are
4 30 amended to read as follows:
4 31	9.	"Farmers cooperative limited liability company" means a
4 32 limited liability company organized under chapter 489 or 490A,
4 33 if cooperative associations hold one hundred percent of all
4 34 membership interests in the limited liability company.
35 Farmers cooperative associations must hold at least seventy
1 percent of all membership interests in the limited liability
5	2 company.	If more than one type of membership interest is
5	3 established, including any series as provided in section
5	4 489.1201 or 490A.305 or any class or group as provided in
5	5 section 489.1201 or 490A.307, farmers cooperative associations
5	6 must hold at least seventy percent of all membership interests
5	7 of that each type.
5	8	17.	"Networking farmers limited liability company" means a
5	9 limited liability company, other than a family farm limited
5 10 liability company as defined in section 9H.1, organized under
5 11 chapter 489 or 490A if all of the following conditions are
5 12 satisfied:
5 13	a.	Qualified farmers must hold at least fifty=one percent
5 14 of all membership interests in the limited liability company.
5 15 If more than one type of membership interest is established,
5 16 including any series as provided in section 489.1201 or
5 17 490A.305 or any class or group as provided in section 489.1201
5 18 or 490A.307, qualified farmers must hold at least fifty=one
5 19 percent of all membership interests of that each type.
5 20	b.	Qualified persons must hold at least seventy percent of
5 21 all membership interests in the limited liability company.	If
5 22 more than one type of membership interest is established,
5 23 including any series as provided in section 489.1201 or
5 24 490A.305 or any class or group as provided in section 489.1201
5 25 or 490A.307, qualified persons must hold at least seventy
5 26 percent of all membership interests of that each type.
5 27	Sec. 5.	Section 15.103, subsection 1, paragraph b,
5 28 unnumbered paragraph 1, Code 2009, is amended to read as
5 29 follows:
5 30	Each of the following areas of expertise shall be
5 31 represented by at least one voting member of the board who has
5 32 professional experience in that area of expertise:
5 33	Sec. 6.	Section 15.103, subsection 1, paragraph c, Code
5 34 2009, is amended to read as follows:
35	c.	At least nine of the voting members of the board shall
1 be actively employed in the private, for=profit sector of the
6	2 economy.
6	3	Sec. 7.	Section 15.247, subsection 2, Code 2009, is
6	4 amended to read as follows:
6	5	2.	A "targeted small business financial assistance program
  6  6 account" program" is established within the department.  A
  6  7 targeted small business financial assistance program account
  6  8 is established within the strategic investment fund created in
6	9 section 15.313, to allow the department to provide for loans,
6 10 loan guarantees, or grants to eligible targeted small
6 11 businesses.
6 12	a.	A targeted small business in any year shall receive
6 13 under this program not more than fifty thousand dollars in a
6 14 loan, grant, or guarantee, or a combination of loans, grants,
6 15 or guarantees.	A grant shall only be awarded when additional
6 16 financing is secured by the applicant.	In order to receive a
6 17 grant, the applicant must demonstrate a minimum of ten percent
6 18 cash investment in the project.	A targeted small business
6 19 shall not receive a grant, loan, or guarantee, or a
6 20 combination of grants, loans, or guarantees under the program
6 21 that provide more than ninety percent funding of a project.
6 22	b.	The program shall provide guarantees not to exceed
6 23 eighty percent for loans of up to seven years made by
6 24 qualified lenders.	The department shall establish a financial
6 25 assistance reserve account from funds allocated to the program
6 26 account, from which any default on a guaranteed loan under
6 27 this section shall be paid.	In administering the program the
6 28 department shall not guarantee loan values in excess of the
6 29 amount credited to the reserve account and only moneys set
6 30 aside in the loan reserve account may be used for the payment
6 31 of a default.
6 32	c.	The department shall maintain records of all financial
6 33 assistance approved pursuant to this section and information
6 34 regarding the effectiveness of the financial assistance in
35 establishing or expanding small business ventures.
1	Sec. 8.	Section 16.1, subsection 1, paragraph ac, Code

7	2 2009, is amended to read as follows:
7	3	ac.	"Powers" means all of the general and specific powers
7	4 of the authority as provided in this chapter and which shall
7	5 be broadly and liberally interpreted to authorize the
7	6 authority to act in accordance with the goals of the authority
7	7 and in a manner consistent with the legislative findings and
7	8 guiding principles which are reasonably necessary.
7	9	Sec. 9.	Section 24.20, Code 2009, is amended to read as
7 10 follows:
7 11	24.20	TAX RATES FINAL.
7 12	The several tax rates and levies of the municipalities thus
7 13 a municipality that are determined and certified in the manner
7 14 provided in sections 24.1 through 24.19, except such tax rates
  7 15 and levies as are authorized by a vote of the people, shall
7 16 stand as the tax rates and levies of said municipality for the
7 17 ensuing fiscal year for the purposes set out in the budget.
7 18	Sec. 10.	Section 26.14, subsection 3, paragraph c, Code
7 19 2009, is amended to read as follows:
7 20	c.	If a public improvement may be performed by an employee
7 21 of the governmental entity, the amount of estimated sales and
7 22 fuel tax and the premium cost for the performance and payment
7 23 bond which a contractor identifies in its quotation shall be
7 24 deducted from the contractor's price for determining the
7 25 lowest responsive, responsible quotation.	If no quotations
7 26 are received to perform the work, or if the governmental
7 27 entity's estimated cost to do the work with its employee is
7 28 less than the lowest responsive, responsible quotation
7 29 received, the governmental entity may authorize its employee
7 30 or employees to perform the work.
7 31	Sec. 11.	Section 42.3, subsection 1, paragraph b, Code
7 32 2009, is amended to read as follows:
7 33	b.	However Notwithstanding the time period specified in
  7 34 paragraph "a", if the population data for legislative
35 districting which the United States census bureau is required
1 to provide this state under Pub. L. No. 94=171 and, if used by
8	2 the legislative services agency, the corresponding
8	3 topologically integrated geographic encoding and referencing
8	4 data file for that population data are not available to the
8	5 legislative services agency on or before February 15 of the
8	6 year ending in one, the dates set forth in this subsection
8	7 paragraph "a" shall be extended by a number of days equal to
8	8 the number of days after February 15 of the year ending in one
8	9 that the federal census population data and the topologically
8 10 integrated geographic encoding and referencing data file for
8 11 legislative districting become available.
8 12	Sec. 12.	Section 42.3, subsection 2, Code 2009, is amended
8 13 to read as follows:
8 14	2.	If the bill embodying the plan submitted by the
8 15 legislative services agency under subsection 1 fails to be
8 16 enacted, the legislative services agency shall prepare a bill
8 17 embodying a second plan of legislative and congressional
8 18 districting.	The bill shall be prepared in accordance with
8 19 section 42.4, and, insofar as it is possible to do so within
8 20 the requirements of section 42.4, with the reasons cited by
8 21 the senate or house of representatives by resolution, or the
8 22 governor by veto message, for the failure to approve the plan.
8 23 If a second plan is required under this subsection, the bill
8 24 embodying it shall be delivered to the secretary of the senate
8 25 and the chief clerk of the house of representatives not later
8 26 than thirty=five days after the date of the vote by which the
8 27 senate or the house of representatives fails to approve the
8 28 bill submitted under subsection 1, or the date the governor
8 29 vetoes or fails to approve the bill.	If it is necessary to
8 30 submit a bill under this subsection, the bill shall be brought
8 31 to a vote not less than seven days after the bill is submitted
8 32 and made available to the members of the general assembly,
8 33 under a procedure or rule permitting no amendments except
8 34 those of a purely corrective nature.	It is further the intent
35 of this chapter that if the bill is approved by the first
1 house in which it is considered, it shall expeditiously be
9	2 brought to a vote in the second house under a similar
9	3 procedure or rule.	If the bill embodying the plan submitted
9	4 by the legislative services agency under this subsection fails
9	5 to be approved by a constitutional majority in either the
9	6 senate or the house of representatives, the secretary of the
9	7 senate or the chief clerk of the house, as the case may be,
8 shall transmit to the legislative services agency in the same
  9  9 manner as described in subsection 1, information which the
9 10 senate or house may direct by resolution regarding reasons why
9 11 the plan was not approved in the same manner as described in
  9 12 subsection 1.

9 13	Sec. 13.	Section 46.2A, subsections 1 and 8, Code 2009,
9 14 are amended to read as follows:
9 15	1.	As used in this section, "congressional district" means
9 16 those districts established following the 2010 federal
9 17 decennial census and described in chapter 42 40.
9 18	8.	If the number of congressional districts established
9 19 following the 2010 federal decennial census and described in
9 20 chapter 42 40 is not equal to four, then the procedures set
9 21 out in this section are void and this section is repealed
9 22 effective June 30, 2012.
9 23	Sec. 14.	Section 49.36, Code 2009, is amended to read as
9 24 follows:
9 25	49.36	CANDIDATES OF NONPARTY ORGANIZATION.
9 26	The term "group of petitioners" as used in the foregoing
9 27 sections 49.32 and 49.35 shall embrace an organization which
9 28 is not a political party as defined by law.
9 29	Sec. 15.	Section 52.25, subsection 2, Code 2009, is
9 30 amended to read as follows:
9 31	2.	The question, amendment, or measure, and or summaries
9 32 thereof, shall be printed on the special paper ballots or on
  9 33 the inserts used in the voting machines.	In no case shall the
9 34 font size be less than ten point type.
9 35	Sec. 16.	Section 62.1A, Code 2009, is amended to read as
1 follows:
10	2	62.1A	CONTEST COURT ESTABLISHED.
10	3	The court for the trial of contested county elections shall
10	4 consist of one person member named by the contestant and one
10	5 person member named by the incumbent.	If the incumbent fails
10	6 to name a judge member, the chief judge of the judicial
10	7 district shall be notified of the failure to appoint.	The
10	8 chief judge shall designate the second judge member within one
10	9 week after the chief judge is notified.	These two judges
10 10 members shall meet within three days and select a third person
10 11 member to serve as the presiding officer member of the court.
10 12 If they cannot agree on the third member of the court within
10 13 three days after their initial meeting, the chief judge of the
10 14 judicial district shall be notified of the failure to agree.
10 15 The chief judge shall designate the presiding judge member
10 16 within one week after the chief judge is notified.
10 17	Sec. 17.	Section 62.2, Code 2009, is amended to read as
10 18 follows:
10 19	62.2	JUDGES CONTEST COURT MEMBERS SWORN.
10 20	Judges Members of the contest court shall be sworn in the
10 21 same manner and form as trial jurors are sworn in trials of
10 22 civil actions.	When a judge member fails to appear on the day
10 23 of trial, that judge's member's place may be filled by another
10 24 the appointment of another member under the same rule.
10 25	Sec. 18.	Section 68B.22, subsection 4, paragraph e, Code
10 26 2009, is amended to read as follows:
10 27	e.	Anything available or distributed free of charge to
10 28 members of the general public without regard to the official
10 29 status of the recipient.	This paragraph shall not apply to
10 30 receptions functions described under paragraph "s".
10 31	Sec. 19.	Section 73.16, subsection 2, paragraph b, Code
10 32 2009, is amended to read as follows:
10 33	b.	The director of an agency or department of state
10 34 government that has established a procurement goal as required
35 under this subsection shall provide a report within fifteen
1 business days following the end of each calendar quarter to
11	2 the targeted small business marketing and compliance manager
11	3 of the department of economic development, providing the total
11	4 dollar amount of certified purchases from certified targeted
11	5 small businesses during the previous calendar quarter.	The
11	6 required report shall be made in a form approved by the
11	7 targeted small business marketing and compliance manager.	The
 11  8 first quarterly report shall be for the calendar quarter
 11  9 ending September 30, 2007.
11 10	Sec. 20.	Section 75.1, subsection 1, paragraph b, Code
11 11 2009, is amended to read as follows:
11 12	b.	All ballots Ballots cast and but not counted as a vote
11 13 for or against the proposition shall not be used in computing
11 14 the total vote cast for and against said proposition.
11 15	Sec. 21.	Section 85.59, Code 2009, is amended to read as
11 16 follows:
11 17	85.59	BENEFITS FOR INMATES AND OFFENDERS.
11 18	1.	For the purposes of this section, the term "inmate":
11 19	a.  "Inmate" includes a:
11 20	(1)  A person confined in a reformatory, state
11 21 penitentiary, release center, or other state penal or
11 22 correctional institution while that person works in connection
11 23 with the maintenance of the institution, in an industry

11 24 maintained in the institution, or in an industry referred to
11 25 in section 904.809, or while on detail to perform services on
11 26 a public works project.
11 27	(2)	For purposes of this section, "inmate" includes a A
11 28 person who is performing unpaid community service under the
11 29 direction of the district court, board of parole, or judicial
11 30 district department of correctional services, or an inmate
11 31 providing services pursuant to a chapter 28E agreement entered
11 32 into pursuant to section 904.703, or who is performing a work
11 33 assignment of value to the state or to the public under
11 34 chapter 232.	For purposes of this section, "unpaid
35	b.  "Unpaid community service under the direction of the
1 district court" includes but is not limited to community
12	2 service ordered and performed pursuant to section 598.23A.
12	3	2.	For purposes of this section, an inmate on a work
12	4 assignment under section 904.703 working in construction or
12	5 maintenance at a public or charitable facility, or under
12	6 assignment to another agency of state, county, or local
12	7 government, shall be considered an employee of the state.
12	8	3.  a.	If an inmate is permanently incapacitated by injury
12	9 in the performance of the inmate's work in connection with the
12 10 maintenance of the institution, in an industry maintained in
12 11 the institution, or in an industry referred to in section
12 12 904.809, while on detail to perform services on a public works
12 13 project, or while performing services authorized pursuant to
12 14 section 904.809, or is permanently or temporarily
12 15 incapacitated in connection with the performance of unpaid
12 16 community service under the direction of the district court,
12 17 board of parole, or judicial district department of
12 18 correctional services, or in connection with the provision of
12 19 services pursuant to a chapter 28E agreement entered into
12 20 pursuant to section 904.703, or who is performing a work
12 21 assignment of value to the state or to the public under
12 22 chapter 232, that inmate shall be awarded only the benefits
12 23 provided in section 85.27 and section 85.34, subsections 2 and
12 24 3.	The weekly rate for such permanent disability is equal to
12 25 the minimum rate as provided in this chapter.
12 26	b.	Weekly compensation benefits under this section may be
12 27 determined prior to the inmate's release from the institution,
12 28 but payment of benefits to an inmate shall commence as of the
12 29 time of the inmate's release from the institution either upon
12 30 parole or final discharge.	However, if the inmate is awarded
12 31 benefits for an injury incurred in connection with the
12 32 performance of unpaid community service under the direction of
12 33 the district court, board of parole, or judicial district
12 34 department of correctional services, or in connection with the
35 provision of services pursuant to a chapter 28E agreement
1 entered into pursuant to section 904.703, or who is performing
13	2 a work assignment of value to the state or to the public under
13	3 chapter 232, weekly compensation benefits under this section
13	4 shall be determined and paid as in other workers' compensation
13	5 cases.
13	6	c.	If an inmate is receiving benefits under the provisions
13	7 of this section and is recommitted to an institution covered
13	8 by this section, the benefits shall immediately cease.	If
13	9 benefits cease because of the inmate's recommitment, the
13 10 benefits shall resume upon subsequent release from the
13 11 institution.
13 12	d.	If death results from the injury, death benefits shall
13 13 be awarded and paid to the dependents of the inmate as in
13 14 other workers' compensation cases except that the weekly rate
13 15 shall be equal to sixty=six and two=thirds percent of the
13 16 state average weekly wage paid employees as determined by the
13 17 department of workforce development under section 96.19,
13 18 subsection 36, and in effect at the time of the injury.
13 19	4.	Payment under this section shall be made promptly out
13 20 of appropriations which have been made for that purpose, if
13 21 any.	An amount or part thereof which cannot be paid promptly
13 22 from the appropriation shall be paid promptly out of money in
13 23 the state treasury not otherwise appropriated.
13 24	5.	The time limit for commencing an original proceeding to
13 25 determine entitlement to benefits under this section is the
13 26 same as set forth in section 85.26.	If an injury occurs to an
13 27 inmate so as to qualify the inmate for benefits under this
13 28 section, notwithstanding the fact that payments of weekly
13 29 benefits are not commenced, an acknowledgment of
13 30 compensability shall be filed with the workers' compensation
13 31 commissioner within thirty days of the time the responsible
13 32 authority receives notice or knowledge of the injury as
13 33 required by section 85.23.
13 34	6.	If a dispute arises as to the extent of disability when

35 an acknowledgment of compensability is on file or when an
1 award determining liability has been made, an action to
14	2 determine the extent of disability must be commenced within
14	3 one year of the time of the release of the inmate from the
14	4 institution.	This does not bar the right to reopen the claim
14	5 as provided by section 85.26, subsection 2.
14	6	7.	Responsibility for the filings required by chapter 86
14	7 for injuries resulting in permanent disability or death and as
14	8 modified by this section shall be made in the same manner as
14	9 for other employees of the institution.
14 10	Sec. 22.	Section 85.66, Code 2009, is amended to read as
14 11 follows:
14 12	85.66	SECOND INJURY FUND == CREATION == CUSTODIAN.
14 13	1.	The "Second Injury Fund" second injury fund is hereby
14 14 established under the custody of the treasurer of state and
14 15 shall consist of payments to the fund as provided by this
14 16 division and any accumulated interest and earnings on moneys
14 17 in the second injury fund.
14 18	2.	The treasurer of state is charged with the conservation
14 19 of the assets of the second injury fund.	Moneys collected in
14 20 the second injury fund shall be disbursed only for the
14 21 purposes stated in this division, and shall not at any time be
14 22 appropriated or diverted to any other use or purpose.	The
 14 23 treasurer of state shall invest any surplus moneys of the fund
 14 24 in securities which constitute legal investments for state
 14 25 funds under the laws of this state, and may sell any of the
 14 26 securities in which the fund is invested, if necessary, for
 14 27 the proper administration or in the best interests of the
 14 28 fund.  Disbursements Except for reimbursements to the attorney
 14 29 general provided for in section 85.67, disbursements from the
14 30 fund shall be paid by the treasurer of state only upon the
31 written order of the workers' compensation commissioner.	The
 14 32 attorney general shall be reimbursed up to one hundred fifty
 14 33 thousand dollars annually from the fund for services provided
 14 34 related to the fund.	The treasurer of state shall invest any
 14 35 surplus moneys of the fund in securities which constitute
 15  1 legal investments for state funds under the laws of this
 15  2 state, and may sell any of the securities in which the fund is
 15  3 invested, if necessary, for the proper administration or in
 15  4 the best interests of the fund.
5	3.	The treasurer of state shall quarterly prepare a
15	6 statement of the fund, setting forth the balance of moneys in
15	7 the fund, the income of the fund, specifying the source of all
15	8 income, the payments out of the fund, specifying the various
15	9 items of payments, and setting forth the balance of the fund
15 10 remaining to its credit.	The statement shall be open to
15 11 public inspection in the office of the treasurer of state.
15 12	Sec. 23.	Section 89.11, Code 2009, is amended to read as
15 13 follows:
15 14	89.11	INJUNCTION.
15 15	1.	In addition to all other remedies, if any owner, user,
15 16 or person in charge of any equipment covered by this chapter
15 17 continues to use any equipment covered by this chapter, after
15 18 receiving an inspection report identifying defects and
15 19 exhausting appeal rights as provided by this chapter without
15 20 first correcting the defects or making replacements, the
15 21 commissioner may apply to the district court by petition in
15 22 equity, in an action brought in the name of the state, for a
15 23 writ of injunction to restrain the use of the alleged
15 24 defective equipment.
15 25	2.	However, if If the commissioner believes that the
15 26 continued operation of equipment constitutes an imminent
15 27 danger that could seriously injure or cause death to any
15 28 person, in addition to all other remedies, the commissioner
15 29 may apply to the district court in the county in which the
15 30 imminently dangerous condition exists for a temporary order to
15 31 enjoin the owner, user, or person in charge from operating the
 15 32 equipment before exhausting the owner's, user's, or person's
 15 33 rights to administrative appeals have been exhausted.
15 34	Sec. 24.	Section 96.19, subsection 17, Code 2009, is
35 amended to read as follows:
1	17.	"Employing unit" means any individual or type of
16	2 organization, including this state and its political
16	3 subdivisions, state agencies, boards, commissions, and
16	4 instrumentalities thereof, any partnership, association,
16	5 trust, estate, joint stock company, insurance company or
16	6 corporation, whether domestic or foreign, or the receiver,
16	7 trustee in bankruptcy, trustee or successor thereof, or the
16	8 legal representative of a deceased person, which has or
16	9 subsequent to January 1, 1936, had in its employ one or more
16 10 individuals performing services for it within this state.	All

16 11 individuals performing services within this state for any
16 12 employing unit which maintains two or more separate
16 13 establishments within this state shall be deemed to be
16 14 employed by a single employing unit for all the purposes of
16 15 this chapter.	Whenever any employing unit contracts with or
16 16 has under it any contractor or subcontractor for any work
16 17 which is part of its usual trade, occupation, profession, or
16 18 business, unless the employing unit as well as each such
16 19 contractor or subcontractor is an employer by reason of
16 20 subsection 16 or section 96.8, subsection 3, the employing
16 21 unit shall for all the purposes of this chapter be deemed to
16 22 employ each individual in the employ of each such contractor
16 23 or subcontractor for each day during which such individual is
16 24 engaged in performing such work; except that each such
16 25 contractor or subcontractor who is an employer by reason of
16 26 subsection 16 or section 96.8, subsection 3, shall alone be
16 27 liable for the contributions measured by wages payable to
16 28 individuals in the contractor's or subcontractor's employ, and
16 29 except that any employing unit who shall become liable for and
16 30 pay contributions with respect to individuals in the employ of
16 31 any such contractor or subcontractor who is not an employer by
16 32 reason of subsection 16 or section 96.8, subsection 3, may
16 33 recover the same from such contractor or subcontractor, except
16 34 as any contractor or subcontractor who would in the absence of
35 the foregoing provisions subsection 16 or section 96.8,
 17  1 subsection 3, be liable to pay said contributions, accepts
2 exclusive liability for said contributions under an agreement
17	3 with such employer made pursuant to general rules of the
17	4 department.	Each individual employed to perform or to assist
17	5 in performing the work of any agent or employee of an
17	6 employing unit shall be deemed to be employed by such
17	7 employing unit for all the purposes of this chapter, whether
17	8 such individual was hired or paid directly by such employing
17	9 unit or by such agent or employee, provided the employing unit
17 10 had actual or constructive knowledge of such work, and
17 11 provided, further, that such employment was for a total of not
17 12 less than eight hours in any one calendar week.
17 13	Sec. 25.	Section 100B.1, subsection 1, paragraph a,
17 14 subparagraph (3), Code 2009, is amended to read as follows:
17 15	(3)	The tenth and eleventh voting members of the council
17 16 shall be members of the general public appointed by the
17 17 governor.
17 18	Sec. 26.	Section 100C.3, subsection 2, Code 2009, is
17 19 amended to read as follows:
17 20	2.	An applicant for certification as an alarm system
17 21 contractor or an alarm system installer shall be subject to a
17 22 national criminal history check through the federal bureau of
17 23 investigation.	The applicant shall provide fingerprints to
17 24 the department of public safety for submission through the
17 25 state criminal history repository to the federal bureau of
17 26 investigation.	Fees for the national criminal history check
17 27 shall be paid by the applicant or the applicant's employer.
17 28 The results of a criminal history check conducted pursuant to
17 29 this subsection shall not be considered a public confidential
17 30 record under chapter 22.
17 31	Sec. 27.	Section 103.15, subsection 2, paragraph a, Code
17 32 2009, is amended to read as follows:
17 33	a.	A person shall be licensed as an unclassified person by
17 34 the board to perform electrical work if the work is performed
35 under the personal supervision of a person actually licensed
1 to perform such work and the licensed and unclassified persons
18	2 are employed by the same employer.	A person shall not be
18	3 employed continuously for more than one hundred days as an
18	4 unclassified person without having obtained a current license
18	5 from the board.	For the purposes of determining whether a
 18  6 person has been "employed continuously" for more than one
 18  7 hundred days under this subsection, "one hundred continuous
 18  8 days of employment" includes employment shall include any days
18	9 not worked due to illness, holidays, weekend days, and other
18 10 absences that do not constitute separation from or termination
18 11 of employment.	Any period of employment as a nonlicensed
18 12 unclassified person shall not be credited to any applicable
18 13 experiential requirement of an apprenticeship training program
18 14 registered by the bureau of apprenticeship and training of the
18 15 United States department of labor.
18 16	Sec. 28.	Section 103.30, Code 2009, is amended to read as
18 17 follows:
18 18	103.30	INSPECTIONS NOT REQUIRED.
18 19	Nothing in this chapter shall be construed to require the
18 20 work of employees of municipal utilities, railroads, electric
18 21 membership or cooperative associations, investor=owned

18 22 utilities, rural water associations or districts, or
18 23 telecommunications systems to be inspected while the employees
 18 24 are acting within the scope of their employment.
18 25	Sec. 29.	Section 125.86, subsection 3, paragraph a, Code
18 26 2009, is amended to read as follows:
18 27	a.	A psychiatric advanced registered nurse practitioner
18 28 treating a patient respondent previously hospitalized
18 29 committed under this chapter may complete periodic reports
18 30 pursuant to this section on the patient respondent if the
18 31 patient respondent has been recommended for treatment on an
18 32 outpatient or other appropriate basis pursuant to section
18 33 125.84, subsection 3, and if a psychiatrist licensed pursuant
18 34 to chapter 148, 150, or 150A personally evaluates the patient
35 respondent on at least an annual basis.
1	Sec. 30.	Section 135.1, subsection 4, Code 2009, is
19	2 amended to read as follows:
19	3	4.	"Physician" means a person licensed to practice
19	4 medicine and surgery, osteopathic medicine and surgery,
19	5 chiropractic, podiatry, or optometry under the laws of this
19	6 state; but a person licensed as a physician and surgeon shall
19	7 be designated as a "physician" or "surgeon", a person licensed
19	8 as an osteopathic physician and surgeon shall be designated as
19	9 an "osteopathic physician" or "osteopathic surgeon", a person
 19 10 licensed as an osteopath shall be designated as an
 19 11 "osteopathic physician", a person licensed as a chiropractor
19 12 shall be designated as a "chiropractor", a person licensed as
19 13 a podiatrist shall be designated as a "podiatric physician",
19 14 and a person licensed as an optometrist shall be designated as
19 15 an "optometrist".	A definition or designation contained in
19 16 this subsection shall not be interpreted to expand the scope
19 17 of practice of such licensees.
19 18	Sec. 31.	Section 135.17, subsection 1, paragraph a, Code
19 19 2009, is amended to read as follows:
19 20	a.	Except as provided in paragraphs "c" and "d", the
19 21 parent or guardian of a child enrolled in elementary school
19 22 shall provide evidence to the school district or accredited
19 23 nonpublic elementary school in which the child is enrolled of
19 24 the child having, no earlier than three years of age but prior
19 25 to reaching six years of age, at a minimum, a dental screening
19 26 performed by a licensed physician as defined in chapter 148 or
 19 27 150, a nurse licensed under chapter 152, a licensed physician
19 28 assistant as defined in section 148C.1, or a licensed dental
19 29 hygienist or dentist as defined in chapter 153.	Except as
19 30 provided in paragraphs "c" and "d", the parent or guardian of
19 31 a child enrolled in high school shall provide evidence to the
19 32 school district or accredited nonpublic high school in which
19 33 the child is enrolled of the child having, at a minimum, a
19 34 dental screening performed within the prior year by a licensed
35 dental hygienist or dentist as defined in chapter 153.	A
1 school district or accredited nonpublic school shall provide
20	2 access to a process to complete the screenings described in
20	3 this paragraph as appropriate.
20	4	Sec. 32.	Section 135.24, subsection 6, paragraph d, Code
20	5 2009, is amended to read as follows:
20	6	d.	"Health care provider" means a physician licensed under
20	7 chapter 148, a chiropractor licensed under chapter 151, a
20	8 physical therapist licensed pursuant to chapter 148A, an
20	9 occupational therapist licensed pursuant to chapter 148B, a
20 10 podiatrist licensed pursuant to chapter 149, a physician
20 11 assistant licensed and practicing under a supervising
20 12 physician pursuant to chapter 148C, a licensed practical
20 13 nurse, a registered nurse, or an advanced registered nurse
20 14 practitioner licensed pursuant to chapter 152 or 152E, a
20 15 respiratory therapist licensed pursuant to chapter 152B, a
20 16 dentist, dental hygienist, or dental assistant registered or
20 17 licensed to practice under chapter 153, an optometrist
20 18 licensed pursuant to chapter 154, a psychologist licensed
20 19 pursuant to chapter 154B, a social worker licensed pursuant to
20 20 chapter 154C, a mental health counselor or a marital and
20 21 family therapist licensed pursuant to chapter 154D, a speech
 20 22 pathologist or audiologist licensed pursuant to chapter 154F,
20 23 a pharmacist licensed pursuant to chapter 155A, or an
20 24 emergency medical care provider certified pursuant to chapter 20 25 147A.
20 26	Sec. 33.	Section 135.37, subsection 6, Code 2009, is
20 27 amended to read as follows:
20 28	6.	As necessary to avoid duplication and promote
20 29 coordination of public health inspection and enforcement
20 30 activities, the department may enter into agreements with
20 31 local boards of health to provide for inspection and
 20 32 enforcement of tattooing establishments and enforcement

 20 33 activities in accordance with the rules and criteria
20 34 implemented under this section.
35	Sec. 34.	Section 135.159, subsection 2, paragraph a,
1 subparagraph (6), Code 2009, is amended to read as follows:
21	2	(6)	A physician and an osteopathic physician licensed
21	3 pursuant to chapter 148 and a physician licensed pursuant to
 21  4 chapter 150 who are family physicians and members of the Iowa
21	5 academy of family physicians.
21	6	Sec. 35.	Section 135B.20, subsection 1, Code 2009, is
21	7 amended to read as follows:
21	8	1.	"Doctor" shall mean any person licensed to practice
21	9 medicine and surgery or osteopathy osteopathic medicine and
21 10 surgery in this state.
21 11	Sec. 36.	Section 135C.33, subsection 5, paragraph a,
21 12 subparagraph (1), Code 2009, is amended to read as follows:
21 13	(1)	An employee of a homemaker, home=health homemaker=home
 21 14 health aide, home care aide, adult day services, or other
21 15 provider of in=home services if the employee provides direct
21 16 services to consumers.
21 17	Sec. 37.	Section 136C.1, subsection 4, Code 2009, is
21 18 amended to read as follows:
21 19	4.	"Licensed professional" means a person licensed or
21 20 otherwise authorized by law to practice medicine, osteopathy
21 21 osteopathic medicine, podiatry, chiropractic, dentistry,
21 22 dental hygiene, or veterinary medicine.
21 23	Sec. 38.	Section 136C.3, subsection 2, paragraph a, Code
21 24 2009, is amended to read as follows:
21 25	a.	Establish minimum training standards including
21 26 continuing education requirements, and administer examinations
21 27 and disciplinary procedures for operators of radiation
21 28 machines and users of radioactive materials.	A state of Iowa
21 29 license to practice medicine, osteopathy osteopathic medicine,
21 30 chiropractic, podiatry, dentistry, dental hygiene, or
21 31 veterinary medicine, or licensure as a physician assistant
21 32 pursuant to chapter 148C, or certification by the dental board
21 33 in dental radiography, or by the board of podiatry in
21 34 podiatric radiography, or enrollment in a program or course of
35 study approved by the Iowa department of public health which
1 includes the application of radiation to humans satisfies the
22	2 minimum training standards for operation of radiation machines
22	3 only.
22	4	Sec. 39.	Section 137F.3A, subsection 1, Code 2009, is
22	5 amended to read as follows:
22	6	1.	a.	If a The department of inspections and appeals may
 22  7 employ additional full=time equivalent positions to enforce
 22  8 the provisions of this chapter and chapters 137C and 137D,
 22  9 with the approval of the department of management, if either
 22 10 of the following apply:
22 11	(1)  A municipal corporation operating pursuant to a
22 12 chapter 28E agreement with the department of inspections and
22 13 appeals to enforce this chapter and chapters 137C and 137D the
 22 14 chapters either fails to renew the agreement effective after
22 15 April 1, 2007, or discontinues, after April 1, 2007,
22 16 enforcement activities in one or more jurisdictions during the
22 17 agreement time frame, or the.
22 18	(2)  The department of inspections and appeals cancels an
22 19 agreement after April 1, 2007, due to noncompliance with the
22 20 terms of the agreement, the department of inspections and
 22 21 appeals may employ additional full=time equivalent positions
 22 22 to enforce the provisions of the chapters, with the approval
 22 23 of the department of management.
22 24	b.	Before approval is may be given, the director of the
22 25 department of management shall determine must have determined
22 26 that the expenses exceed the funds budgeted by the general
22 27 assembly for food inspections to the department of inspections
22 28 and appeals.	The department of inspections and appeals may
22 29 hire no more than one full=time equivalent position for each
22 30 six hundred inspections required pursuant to this chapter and
22 31 chapters 137C and 137D.
22 32	Sec. 40.	Section 137F.6, subsection 1, paragraph h, Code
22 33 2009, is amended to read as follows:
22 34	h.	A For a food establishment covered by paragraphs "d"
35 and "e" shall be assessed the license fees assessed shall be
 23  1 an amount not to exceed seventy=five percent of the total fees
2 applicable under both paragraphs.
23	3	Sec. 41.	Section 142.1, Code 2009, is amended to read as
23	4 follows:
23	5	142.1	DELIVERY OF BODIES.
23	6	The body of every person dying in a public asylum,
23	7 hospital, county care facility, penitentiary, or reformatory
23	8 in this state, or found dead within the state, or which is to

23	9 be buried at public expense in this state, except those buried
23 10 under the provisions of chapter 144C or 249, and which is
23 11 suitable for scientific purposes, shall be delivered to the
23 12 medical college of the state university, or some osteopathic
23 13 or chiropractic college or school located in this state, which
23 14 has been approved under the law regulating the practice of
23 15 osteopathy osteopathic medicine or chiropractic; but no such
23 16 body shall be delivered to any such college or school if the
23 17 deceased person expressed a desire during the person's last
23 18 illness that the person's body should be buried or cremated,
23 19 nor if such is the desire of the person's relatives.	Such
23 20 bodies shall be equitably distributed among said colleges and
23 21 schools according to their needs for teaching anatomy in
23 22 accordance with such rules as may be adopted by the Iowa
23 23 department of public health.	The expense of transporting said
23 24 bodies to such college or school shall be paid by the college
23 25 or school receiving the same.	If the deceased person has not
23 26 expressed a desire during the person's last illness that the
23 27 person's body should be buried or cremated and no person
23 28 authorized to control the deceased person's remains under
23 29 section 144C.5 requests the person's body for burial or
23 30 cremation, and if a friend objects to the use of the deceased
23 31 person's body for scientific purposes, said deceased person's
23 32 body shall be forthwith delivered to such friend for burial or
23 33 cremation at no expense to the state or county.	Unless such
23 34 friend provides for burial and burial expenses within five
35 days, the body shall be used for scientific purposes under
1 this chapter.
24	2	Sec. 42.	Section 142A.3, subsections 3 through 10, Code
24	3 2009, are amended to read as follows:

24	4	3.	The membership of the commission

shall consist of

24	5 include the following voting members who shall serve
24	6 three=year, staggered terms:
24	7	a.	Members, at least one of whom is a member of a racial
 24  8 minority, to be appointed by the governor, subject to
 24  9 confirmation by the senate pursuant to sections 2.32 and
 24 10 69.19, and consisting of the following:
24 11	(1)	Three members who are active with nonprofit health
24 12 organizations that emphasize tobacco use prevention or who are
24 13 active as health services providers, at the local level.
24 14	b.	(2)	One member who is a retailer.
24 15	c.	(3)	Three members who are active with health promotion
24 16 activities at the local level in youth education, law
24 17 enforcement, nonprofit services, or other activities relating
24 18 to tobacco use prevention and control.
24 19	The members appointed under this subsection shall be
 24 20 appointed by the governor, subject to confirmation by the
 24 21 senate, pursuant to sections 2.32 and 69.19.  At least one
 24 22 member appointed under this subsection shall be a member of a
 24 23 racial minority.
24 24	4.	b.	In addition to the members described in subsection
 24 25 3, the membership of the commission shall include three Three
24 26 voting members who are, to be selected by the participants in
24 27 the annual statewide youth summit of the initiative's youth
24 28 program.  The youth membership appointments are, who shall not
24 29 be subject to section 69.16 or 69.16A.	However, the selection
24 30 process shall provide for diversity among the members and at
24 31 least one of the youth members shall be a female.	These
 24 32 members shall also serve three=year staggered terms.
24 33	5.	4.	The commission shall also include the following ex
24 34 officio, nonvoting members:
35	a.	Four members of the general assembly, with not more
1 than one member from each chamber being from the same
25	2 political party.	The majority leader of the senate and the
25	3 minority leader of the senate shall each appoint one of the
25	4 senate members.	The majority leader of the house and the
25	5 minority leader of the house of representatives shall each
25	6 appoint one of the house members.
25	7	b.	The presiding officer of the statewide youth executive
25	8 body, selected by the delegates to the statewide youth summit.
25	9	6.	5.	In addition to the members of the council
25 10 commission, the following agencies, organizations, and persons
25 11 shall each assign a single liaison to the commission to
25 12 provide assistance to the commission in the discharge of the
25 13 commission's duties:
25 14	a.	The department of education.
25 15	b.	The drug policy coordinator.
25 16	c.	The department of justice, office of the attorney
25 17 general.
25 18	d.	The department of human services.
25 19	e.	The alcoholic beverages division of the department of

25 20 commerce.
25 21	7.	6.	Citizen members shall be reimbursed for actual and
25 22 necessary expenses incurred in performance of their duties.
25 23 Citizen members shall be paid a per diem as specified in
25 24 section 7E.6.	Legislative members are eligible for per diem
25 25 and expenses as provided in section 2.10.
25 26	8.	7.	A member of the commission who is convicted of a
25 27 crime relating to tobacco, alcohol, or controlled substances
25 28 is subject to removal from the commission.
29	9.  The commission may designate an advisory council.  The
 25 30 commission shall determine the membership and representation
 25 31 of the advisory council and members of the council shall serve
 25 32 at the pleasure of the commission.  The advisory council may
 25 33 include representatives of health care provider groups, parent
 25 34 groups, antitobacco advocacy programs and organizations,
 25 35 tobacco retailers, research and evaluation experts, and youth
 26  1 organizers.
2	10.	8.	A vacancy on the commission other than for the
26	3 youth members shall be filled in the same manner as the
26	4 original appointment for the balance of the unexpired term.	A
26	5 youth member vacancy shall be filled by the presiding officer
26	6 of the statewide executive body as selected by the delegates
26	7 to the statewide youth summit.
26	8	9.	The commission shall elect a chairperson from among its
26	9 voting members and may select other officers from among its
26 10 voting members, as determined necessary by the commission.
26 11 The commission shall meet regularly as determined by the
26 12 commission, upon the call of the chairperson, or upon the call
26 13 of a majority of the voting members.
26 14	10.  The commission may designate an advisory council.  The
 26 15 commission shall determine the membership and representation
 26 16 of the advisory council and members of the council shall serve
 26 17 at the pleasure of the commission.  The advisory council may
 26 18 include representatives of health care provider groups, parent
 26 19 groups, antitobacco advocacy programs and organizations,
 26 20 tobacco retailers, research and evaluation experts, and youth
 26 21 organizers.
26 22	Sec. 43.	Section 142C.2, subsection 25, Code 2009, is
26 23 amended to read as follows:
26 24	25.	"Physician" means an individual authorized to practice
26 25 medicine and surgery or osteopathy osteopathic medicine and
26 26 surgery under the laws of any state.
26 27	Sec. 44.	Section 144.14, Code 2009, is amended to read as
26 28 follows:
26 29	144.14	FOUNDLINGS.
26 30	1.	A person who assumes the custody of a living infant of
26 31 unknown parentage shall report on a form and in the manner
26 32 prescribed by the state registrar within five days to the
26 33 county registrar of the county in which the child was found,
26 34 the following information:
35	1.	a.	The date and place of finding the child was found.
1	2.	b.	The sex, color or race, and approximate age of the
27	2 child.
27	3	3.	c.	The name and address of the person or institution
27	4 which has assumed custody of the child.
27	5	4.	d.	The name given to the child by the custodian.
27	6	5.	e.	Other data required by the state registrar.
27	7	2.	The place where the child was found shall be entered as
27	8 the place of birth and the date of birth shall be determined
27	9 by approximation.	A report registered under this section
27 10 shall constitute the certificate of birth for the infant.
27 11	3.	If the child is identified and a certificate of birth
27 12 is found or obtained, any report registered under this section
27 13 shall be sealed and filed and may be opened only by order of a
27 14 court of competent jurisdiction or as provided by regulation.
27 15	Sec. 45.	Section 144C.2, subsection 3, Code 2009, is
27 16 amended to read as follows:
27 17	3.	"Assisted living program facility" program" means an
27 18 assisted living program facility as defined in section 231C.2
27 19 under chapter 231C.
27 20	Sec. 46.	Section 144C.3, subsection 4, Code 2009, is
27 21 amended to read as follows:
27 22	4.	A funeral director, an attorney, or any agent, owner,
27 23 or employee of a funeral establishment, cremation
27 24 establishment, cemetery, elder group home, assisted living
27 25 program facility, adult day services program, or licensed
27 26 hospice program shall not serve as a designee unless related
27 27 to the declarant within the third degree of consanguinity.
27 28	Sec. 47.	Section 147.14, subsection 1, paragraph w, Code
27 29 2009, is amended to read as follows:
27 30	w.	For nursing home administrators, a total of nine

27 31 members, four who are licensed nursing home administrators,
27 32 one of whom is the administrator of a nonproprietary nursing
27 33 home; three licensed members of any profession concerned with
27 34 the care and treatment of chronically ill or elderly patients
35 who are not nursing home administrators or nursing home
1 owners; and two members of the general public who are not
28	2 licensed under this chapter 155, have no financial interest in
28	3 any nursing home, and who shall represent the general public.
28	4	Sec. 48.	Section 147.55, unnumbered paragraph 1, Code
28	5 2009, is amended to read as follows:
28	6	A licensee's license to practice a profession shall be
28	7 revoked, or suspended, or the licensee otherwise disciplined
28	8 by the board for that profession, when the licensee is guilty
28	9 of any of the following acts or offenses:
28 10	Sec. 49.	Section 147.80, subsection 1, paragraphs f, g,
28 11 and i, Code 2009, are amended to read as follows:
28 12	f.	Issuance of a certified statement that a licensee
28 13 person is licensed, registered, or has been issued a
 28 14 certificate to practice in this state.
28 15	g.	Issuance of a duplicate license, registration, or
 28 16 certificate, which shall be so designated on its face.	A
28 17 board may require satisfactory proof that the original
28 18 license, registration, or certificate issued by the board has
28 19 been lost or destroyed.
28 20	i.	Verification of licensure, registration, or
 28 21 certification.
28 22	Sec. 50.	Section 147.85, Code 2009, is amended to read as
28 23 follows:
28 24	147.85	FRAUD.
28 25	Any person who presents to a board a diploma or certificate
28 26 of which the person is not the rightful owner, for the purpose
28 27 of procuring a license, or who falsely personates impersonates
28 28 anyone to whom a license has been issued by the board shall be
28 29 guilty of a serious misdemeanor.
28 30	Sec. 51.	Section 147.135, subsection 3, paragraph a, Code
28 31 2009, is amended to read as follows:
28 32	a.	A full and confidential report concerning any final
28 33 hospital disciplinary action approved by a hospital board of
28 34 trustees that results in a limitation, suspension, or
35 revocation of a physician's privilege to practice for reasons
1 relating to the physician's professional competence or
29	2 concerning any voluntary surrender or limitation of privileges
29	3 for reasons relating to professional competence shall be made
29	4 to the board of medicine by the hospital administrator or
29	5 chief of medical staff within ten days of such action.	The
29	6 board of medicine shall investigate the report and take
29	7 appropriate action.	These reports shall be privileged and
29	8 confidential as though included in and subject to the
29	9 requirements for peer review committee information in
29 10 subsection 2.	Persons making these reports and persons
29 11 participating in resulting proceedings related to these
29 12 reports shall be immune from civil liability with respect to
29 13 the making of the report or participation in resulting
29 14 proceedings.	As used in this subsection, "physician" means a
29 15 person licensed pursuant to chapter 148, chapter 150, or
 29 16 chapter 150A.
29 17	Sec. 52.	Section 148.2A, subsection 2, paragraph e,
29 18 subparagraph (4), Code 2009, is amended to read as follows:
29 19	(4)	The majority of a hearing panel containing alternate
29 20 members shall be members licensed to practice under this
29 21 chapter.
29 22	Sec. 53.	Section 148.3, subsection 2, Code 2009, is
29 23 amended to read as follows:
29 24	2.	An application for a license shall be made to the board
29 25 of medicine.	All license and renewal fees shall be paid to
29 26 and collected by the board and transmitted to the board.
29 27	Sec. 54.	Section 148.6, subsection 2, paragraph h, Code
29 28 2009, is amended to read as follows:
29 29	h.	(1)	Inability to practice medicine and surgery or
29 30 osteopathic medicine and surgery with reasonable skill and
29 31 safety by reason of illness, drunkenness, excessive use of
29 32 drugs, narcotics, chemicals, or other type of material or as a
29 33 result of a mental or physical condition.
29 34	(1)	The board may, upon probable cause, compel a physician
35 to submit to a mental or physical examination by designated
1 physicians or to submit to alcohol or drug screening within a
30	2 time specified by the board.
30	3	(2)	A person licensed to practice medicine and surgery or
30	4 osteopathic medicine and surgery who makes application for the
30	5 renewal of a license, as required by section 147.10, gives
30	6 consent to submit to a mental or physical examination as

30	7 provided by this paragraph "h" when directed in writing by the
30	8 board.	All objections shall be waived as to the admissibility
30	9 of the an examining physicians' testimony or examination
30 10 reports on the grounds that they constitute privileged
30 11 communication.	The medical testimony or examination reports
30 12 shall not be used against a physician in another proceeding
30 13 and shall be confidential, except for other actions filed
30 14 against a physician to revoke or suspend a license.
30 15	Sec. 55.	Section 148.14, Code 2009, is amended to read as
30 16 follows:
30 17	148.14	BOARD OF MEDICINE INVESTIGATORS.
30 18	The board of medicine may appoint investigators, who shall
30 19 not be members of the board, and whose compensation shall be
30 20 determined pursuant to chapter 8A, subchapter IV.
30 21 Investigators appointed by the board have the powers and
30 22 status of peace officers when enforcing this chapter, chapter
 30 23 147, and chapter 272C.
30 24	Sec. 56.	Section 148A.7, Code 2009, is amended to read as
30 25 follows:
30 26	148A.7	FALSE USE OF TITLES PROHIBITED.
30 27	1.	A person or business entity, including the employees,
30 28 agents, or representatives of the business entity, shall not
30 29 use in connection with that person's or business entity's
30 30 business activity the words "physical therapy", "physical
30 31 therapist", "licensed physical therapist", "registered
30 32 physical therapist", "doctor of physical therapy", "physical
30 33 therapist assistant", "licensed physical therapist assistant",
34 "registered physical therapist assistant", or the letters 30 35 "P.T.", "L.P.T.", "R.P.T.", "D.P.T.", "P.T.A.", "L.P.T.A.",
1 "R.P.T.A.", or any other words, abbreviations, or insignia
31	2 indicating or implying that physical therapy is provided or
31	3 supplied, unless such services are provided by or under the
31	4 direction and supervision of a physical therapist licensed
31	5 pursuant to this chapter.
31	6	2.	Notwithstanding section 147.74, a person or the owner,
31	7 officer, or agent of an entity that violates this section is
31	8 guilty of a serious misdemeanor, and a license to practice
31	9 shall be revoked or suspended pursuant to section 147.55.
31 10	3.	This section shall not apply to the use of the term
31 11 "physiotherapy" by a provider licensed under this chapter,
31 12 chapter 151, or by an individual under the direction and
31 13 supervision of a provider licensed under this chapter or
31 14 chapter 151.
31 15	Sec. 57.	Section 153.14, subsection 2, Code 2009, is
31 16 amended to read as follows:
31 17	2.	Licensed "physicians and surgeons" or licensed
31 18 "osteopaths "osteopathic physicians and surgeons" who extract
31 19 teeth or treat diseases of the oral cavity, gums, teeth, or
31 20 maxillary bones as an incident to the general practice of
31 21 their profession.
31 22	Sec. 58.	Section 154A.6, Code 2009, is amended to read as
31 23 follows:
31 24	154A.6	DISCLOSURE OF CONFIDENTIAL INFORMATION.
31 25	1.	A member of the board shall not disclose information
31 26 relating to the following:
31 27	1.	a.	Criminal history or prior misconduct of the
31 28 applicant.
31 29	2.	b.	Information relating to the contents of the
31 30 examination.
31 31	3.	c.	Information relating to the examination results
31 32 other than final score except for information about the
31 33 results of an examination which is given to the person who
31 34 took the examination.
35	2.	A member of the board who willfully communicates or
1 seeks to communicate such information in violation of
 32  2 subsection 1, and any person who willfully requests, obtains,
32	3 or seeks to obtain such information, is guilty of a simple
32	4 misdemeanor.
32	5	Sec. 59.	Section 154B.5, Code 2009, is amended to read as
32	6 follows:
32	7	154B.5	SCOPE OF CHAPTER.
32	8	Nothing in this chapter shall be construed to prevent
32	9 qualified members of other professional groups such as
32 10 physicians, osteopaths osteopathic physicians, optometrists,
32 11 chiropractors, members of the clergy, authorized Christian
32 12 Science practitioners, attorneys at law, social workers or
32 13 guidance counselors from performing functions of a
32 14 psychological nature consistent with the accepted standards of
32 15 their respective professions, if they do not use any title or
32 16 description stating or implying that they are psychologists or
32 17 are certified to practice psychology.

32 18	Sec. 60.	Section 154C.3, subsection 1, paragraph c,
32 19 subparagraph (5), Code 2009, is amended to read as follows:
32 20	(5)	(a)	Supervision shall be provided in any of the
32 21 following manners:
32 22	(a)	(i)	By a social worker licensed at least at the level
32 23 of the social worker being supervised and qualified under this
32 24 section to practice without supervision.
32 25	(b)	(ii)	By another qualified professional, if the board
32 26 determines that supervision by a social worker as defined in
32 27 subparagraph subdivision (a) (i) is unobtainable or in other
32 28 situations considered appropriate by the board.
32 29	(b)	Additional standards for supervision shall be
32 30 determined by the board.
32 31	Sec. 61.	Section 154F.2, subsection 1, paragraph a, Code
32 32 2009, is amended to read as follows:
32 33	a.	Licensed physicians and surgeons, licensed osteopathic
32 34 physicians and surgeons, licensed physician assistants and
35 registered nurses acting under the supervision of a physician
1 or osteopathic physician, persons conducting hearing tests
33	2 under the direct supervision of a licensed physician and
33	3 surgeon, or licensed osteopathic physician and surgeon, or
33	4 students of medicine or surgery or osteopathic medicine and
33	5 surgery pursuing a course of study in a medical school or
33	6 college of osteopathic medicine and surgery approved by the
33	7 board of medicine while performing functions incidental to
33	8 their course of study.
33	9	Sec. 62.	Section 155.2, subsection 1, paragraph c, Code
33 10 2009, is amended to read as follows:
33 11	c.	Two members who are not licensed nursing home
33 12 administrators or are not licensed persons under this chapter
 33 13 and chapter 147 and who shall represent the general public.
33 14 The members shall be interested in the problems of elderly
33 15 patients and nursing home care, but shall have no financial
33 16 interest in any nursing home.
33 17	Sec. 63.	Section 155.17, Code 2009, is amended to read as
33 18 follows:
33 19	155.17	DISCLOSURE OF CONFIDENTIAL INFORMATION.
33 20	1.	A member of the board shall not disclose information
33 21 relating to the following:
33 22	1.	a.	Criminal history or prior misconduct of the
33 23 applicant.
33 24	2.	b.	Information relating to the contents of the
33 25 examination.
33 26	3.	c.	Information relating to the examination results
33 27 other than final score except for information about the
33 28 results of an examination which is given to the person who
33 29 took the examination.
33 30	2.	A member of the board who willfully communicates or
33 31 seeks to communicate such information in violation of
 33 32 subsection 1, and any person who willfully requests, obtains
33 33 or seeks to obtain such information, is guilty of a simple
33 34 misdemeanor.
35	Sec. 64.	Section 155A.15, subsection 2, paragraph d, Code
1 2009, is amended to read as follows:
34	2	d.	Delivered without legal authorization prescription
34	3 drugs or devices to a person other than one of the following:
34	4	(1)	A pharmacy licensed by the board.
34	5	(2)	A practitioner.
34	6	(3)	A person who procures prescription drugs or devices
34	7 for the purpose of lawful research, teaching, or testing, and
34	8 not for resale.
34	9	(4)	A manufacturer or wholesaler licensed by the board.
34 10	(5)	However, this chapter does not prohibit a pharmacy
 34 11 from furnishing a prescription drug or device to a A licensed
34 12 health care facility which is furnished the drug or device by
 34 13 a pharmacy for storage in secured emergency pharmaceutical
34 14 supplies containers maintained within the facility in
34 15 accordance with rules of the department of inspections and
34 16 appeals and rules of the board.
34 17	Sec. 65.	Section 158.1, subsection 1, Code 2009, is
34 18 amended to read as follows:
34 19	1.	"Barbering" means the practices listed in this
34 20 subsection performed with or without compensation.	The
 34 21 practices include "Barbering" includes but are is not limited
34 22 to the following practices performed upon the upper part of
34 23 the human body of any person for cosmetic purposes and not for
34 24 the treatment of disease or physical or mental ailments:
34 25	a.	Shaving or trimming the beard or cutting the hair.
34 26	b.	Giving facial and scalp massages or treatments with
34 27 oils, creams, lotions, or other preparations either by hand,
34 28 or by electrical or mechanical appliances.

34 29	c.	Singeing, shampooing, hair body processing, arranging,
34 30 dressing, curling, blow waving, hair relaxing, bleaching or
34 31 coloring the hair, or applying hair tonics.
34 32	d.	Applying cosmetic preparations, antiseptics, powders,
34 33 oils, clays, or lotions to scalp, face, or neck.
34 34	e.	Styling, cutting or shampooing hairpieces or wigs when
35 done in conjunction with haircutting or hairstyling.
1	Barbers shall not represent themselves to the public as
 35  2 being primarily engaged in practices other than haircutting
 35  3 unless the functions are in fact their primary function or
 35  4 specialty.
35	5	Sec. 66.	Section 158.2, unnumbered paragraph 1, Code 2009,
35	6 is amended to read as follows:
35	7	It is unlawful for a A person to shall not practice
35	8 barbering with or without compensation unless the person
35	9 possesses a license issued under the provisions of section
35 10 158.3.	A person licensed under section 158.3 shall not
 35 11 represent to the public that the person is primarily engaged
 35 12 in practices other than haircutting unless the functions are
 35 13 in fact the person's primary function or specialty.	Practices
35 14 listed in section 158.1 when performed by the following
35 15 persons are not defined as practicing do not constitute
35 16 barbering:
35 17	Sec. 67.	Section 159A.4, Code 2009, is amended to read as
35 18 follows:
35 19	159A.4	ADVISORY COMMITTEE.
35 20	1.	A renewable fuels and coproducts advisory committee is
35 21 established within the department.
35 22	2.	The committee shall be composed of include the
35 23 following persons voting members:
35 24	a.  The following department representatives:
35 25	a.	(1)	The secretary, or a person designated by the
35 26 secretary, representing the department of agriculture and land
35 27 stewardship, who shall be the chairperson of the committee.
35 28	b.	(2)	The director of the Iowa department of economic
35 29 development, or a person designated by the director,
35 30 representing the Iowa department of economic development.
35 31	c.	(3)	The director of the state department of
35 32 transportation, or a person designated by the director,
35 33 representing the state department of transportation.
35 34	d.	(4)	The director of the department of natural
35 resources, or a person designated by the director,
1 representing the department of natural resources.
36	2	b.  The following persons, who shall be appointed by the
 36  3 governor from lists of candidates provided by the
 36  4 organizations represented:
36	5	e.	(1)	A person representing retail dealers as defined in
36	6 section 214A.1 who shall be actively engaged in the business
36	7 of selling motor fuel on a retail basis.
36	8	f.	(2)	A person representing refiners of petroleum
36	9 products who shall be actively engaged in the business of
36 10 refining petroleum into motor fuel for the purpose of sale
36 11 within the state.
36 12	g.	(3)	A person representing an organization serving
36 13 livestock producers in this state.
36 14	h.	(4)	A person representing the Iowa corn growers
36 15 association.
36 16	i.	(5)	A person representing the Iowa soybean
36 17 association.
36 18	j.	(6)	A person actively engaged in farming, as defined
36 19 in section 9H.1.
36 20	k.	(7)	A person representing the renewable fuels industry
36 21 in this state.
36 22	c.	The governor shall appoint persons who Members
 36 23 appointed by the governor shall be confirmed by the senate,
24 pursuant to section 2.32, to serve as voting members of the
 36 25 committee.  However, the secretary of agriculture shall
 36 26 appoint the person representing the department of agriculture
 36 27 and land stewardship, the director of the Iowa department of
 36 28 economic development shall appoint the person representing
 36 29 that department, the director of the state department of
 36 30 transportation shall appoint the person representing that
 36 31 department, and the director of the department of natural
 36 32 resources shall appoint the person representing that
 36 33 department.  The governor may make appointments of persons
 36 34 representing organizations listed under paragraphs "g" through
 36 35 "i" from a list of candidates which shall be provided by the
 37  1 organization upon request by the governor.
2	2.  The members appointed pursuant to subsection 1,
 37  3 paragraphs "e" through "k", and shall serve three=year terms
37	4 beginning and ending as provided in section 69.19.	However,

37	5 the governor shall appoint initial members to serve for less
37	6 than three years to ensure members serve staggered terms.	A
 37  7 member is eligible for reappointment.  A vacancy on the
 37  8 committee shall be filled for the unexpired portion of the
 37  9 regular term in the same manner as regular appointments are
 37 10 made.
37 11	3.	The committee shall also include four ex officio
37 12 nonvoting members who shall be legislative members.	The
37 13 legislative members are two state senators, one appointed by
37 14 the president of the senate, after consultation with the
37 15 majority leader of the senate, and one appointed by the
37 16 minority leader of the senate, after consultation with the
37 17 president of the senate, from their respective parties; and
37 18 two state representatives, one appointed by the speaker of the
37 19 house of representatives, after consultation with the majority
37 20 leader of the house of representatives, and one appointed by
37 21 the minority leader of the house of representatives, from
37 22 their respective parties.
37 23	4.  A member is eligible for reappointment.  A vacancy on
 37 24 the committee shall be filled for the unexpired portion of the
 37 25 regular term in the same manner as regular appointments are
 37 26 made.  A vacancy in the membership of the committee does not
 37 27 impair the ability of the committee to carry out committee
 37 28 duties.
37 29	4.	5.	The committee shall meet on a regular basis and at
37 30 the call of the chairperson or upon the written request to the
37 31 chairperson of two or more voting members.
37 32	5.  The members other than those enumerated in subsection
 37 33 1, paragraphs "a" through "d", are entitled to receive
 37 34 compensation as provided in section 7E.6.
35	6.	Five voting members constitute a quorum and the
1 affirmative vote of a majority of the voting members present
38	2 is necessary for any substantive action to be taken by the
38	3 committee.	The majority shall not include any member who has
38	4 a conflict of interest and a statement by a member that the
38	5 member has a conflict of interest is conclusive for this
38	6 purpose.	A vacancy in the membership does not impair the
 38  7 duties of the committee.
38	8	7.  The members other than those enumerated in subsection
 38  9 2, paragraph "a", are entitled to receive compensation as
 38 10 provided in section 7E.6.
38 11	7.	8.	The committee shall be staffed by the agricultural
38 12 marketing division of the department.	The coordinator shall
38 13 serve as secretary to the committee.
38 14	Sec. 68.	Section 161.1, Code 2009, is amended to read as
38 15 follows:
38 16	161.1	TITLE.
38 17	This section chapter shall be known and may be cited as the
38 18 "Iowa Agrichemical Remediation Act".
38 19	Sec. 69.	Section 161F.6, Code 2009, is amended to read as
38 20 follows:
38 21	161F.6	CHAPTERS MADE APPLICABLE.
38 22	1.	In the organization, operation, and financing of
38 23 districts established under this chapter, the provisions of
38 24 chapter 468 shall apply and any procedure provided under
 38 25 chapter 468 in connection with the organization, financing,
 38 26 and operation of any drainage district shall apply to the
 38 27 organization, financing, and operation of districts organized
 38 28 under this chapter.
38 29	2.	Wherever any of the provisions of said chapters refer
 38 30 to the word "drainage", the word As used in this chapter or
 38 31 chapter 468:
38 32	a.  "Drainage" shall be deemed to include in its meaning
38 33 soil erosion and flood control or any combination of drainage,
34 flood control, and soil erosion control.	The term "drainage
 38 35 district" shall be considered to include districts having as
 39  1 their purpose soil conservancy or flood control or any
 39  2 combination thereof, and the words "drainage certificates"
3	b.  "Drainage certificates" or "drainage bonds" shall be
39	4 deemed to include certificates or bonds issued in behalf of
39	5 any district organized under the provisions of this chapter;
 39  6 and any procedure provided by these chapters in connection
 39  7 with the organization, financing and operation of any drainage
 39  8 district shall be applicable to the organization, financing
 39  9 and operation of districts organized under this chapter.
39 10	c.  "Drainage district" shall be considered to include
 39 11 districts having as their purpose soil conservancy or flood
 39 12 control or any combination thereof.
39 13	Sec. 70.	Section 162.2, subsection 16, Code 2009, is
39 14 amended to read as follows:
39 15	16.	"Research facility" means any school or college of

39 16 medicine, veterinary medicine, pharmacy, dentistry, or
39 17 osteopathy osteopathic medicine, or hospital, diagnostic or
39 18 research laboratories, or other educational or scientific
39 19 establishment situated in this state concerned with the
39 20 investigation of, or instruction concerning the structure or
39 21 function of living organisms, the cause, prevention, control
39 22 or cure of diseases or abnormal conditions of human beings or
39 23 animals.
39 24	Sec. 71.	Section 166D.10, Code 2009, is amended to read as
39 25 follows:
39 26	166D.10	MOVEMENT OF SWINE.
39 27	1.	A Except as otherwise provided in this section, a
39 28 person shall not sell, lease, exhibit, loan, move, or relocate
39 29 swine within the state unless the swine are accompanied by a
39 30 certificate of inspection in the same manner as provided for a
39 31 certificate of veterinary inspection as provided in section
39 32 163.30.	The department may combine the certificate of
39 33 inspection with a certificate of veterinary inspection.
39 34	2.	A certificate of inspection is not required if any of
35 the following apply:
1	a.	The swine are moved to slaughter.
40	2	b.	The swine are relocated, if and all of the following
40	3 apply:
40	4	(1)	A transportation certificate accompanies the relocated
40	5 swine.
40	6	(2)	The swine's owner maintains information regarding the
40	7 relocation in relocation records.	The department may adopt
40	8 rules excusing a person from maintaining relocation records,
40	9 if the department determines that the purposes of the chapter
40 10 as provided in section 166D.1 are not furthered by the
40 11 requirement.
40 12	(3)	A certificate of inspection, or a certificate of
40 13 veterinary inspection as provided in section 163.30, has been
40 14 issued for the swine within thirty days prior to the date of
40 15 relocation.	The department may adopt rules excusing a person
40 16 from complying with this subparagraph if the department
40 17 determines that the purposes of the chapter as provided in
40 18 section 166D.1 are not furthered by the requirement.
40 19	(4)	The swine have a current negative pseudorabies status.
20	The department shall adopt rules required to administer
 40 21 this paragraph "b".  A transportation certificate accompanying
 40 22 relocated swine shall cite the relevant relocation record and
 40 23 certificate of inspection, or certificate of veterinary
 40 24 inspection.  The department may provide for the examination of
 40 25 the relocation records on the owner's premises during normal
 40 26 business hours, or may require that reports containing
 40 27 relevant information contained in relocation records and
 40 28 certificates of inspection, or certificates of veterinary
 40 29 inspection, be periodically submitted to the department.  For
 40 30 purposes of this section, swine production information
 40 31 contained in relocation records is a trade secret as provided
 40 32 in section 22.7, unless otherwise provided by rules adopted by
 40 33 the department.  The department shall provide for the
 40 34 disclosure of confidential information only to the extent
 40 35 required for enforcement of this chapter, the detection and
 41  1 prosecution of public offenses, or to comply with a subpoena
 41  2 or court order.
3	c.	A person transfers ownership of all or part of a herd,
41	4 if the herd remains on the same premises.	However, the herd
41	5 must be tested by statistical sampling.	If any part of the
41	6 herd is subsequently moved or relocated, the swine must be
41	7 moved or relocated in accordance with this section and 41	8 sections 166D.7, 166D.8, and 166D.10A.
41	9	3.  A transportation certificate accompanying swine which
 41 10 are relocated as provided in subsection 2, paragraph "b",
 41 11 shall cite the relevant relocation record and certificate of
 41 12 inspection, or certificate of veterinary inspection.  The
 41 13 department may provide for the examination of the relocation
 41 14 records on the owner's premises during normal business hours,
 41 15 or may require that reports containing relevant information
 41 16 contained in relocation records and certificates of
 41 17 inspection, or certificates of veterinary inspection, be
 41 18 periodically submitted to the department.  For purposes of
 41 19 this section, swine production information contained in
 41 20 relocation records is a trade secret as provided in section
 41 21 22.7, unless otherwise provided by rules adopted by the
 41 22 department.  The department shall provide for the disclosure
 41 23 of confidential information only to the extent required for
 41 24 enforcement of this chapter, the detection and prosecution of
 41 25 public offenses, or to comply with a subpoena or court order.
 41 26 The department shall adopt rules required to administer

 41 27 subsection 2, paragraph "b", and this subsection.
41 28	2.	4.  a.	Swine Except as provided in paragraph "b",
 41 29 swine that are moved shall be individually identified as
41 30 provided in section 163.30, which may include requirements for
41 31 affixing ear tags to swine.

41 32	b.  (1)

However, native Native Iowa feeder pigs moved from

41 33 farm to farm within the state shall be exempted from the
41 34 identification requirements of this subsection if the owner
35 transferring possession of the feeder pigs executes a written
1 agreement with the person taking possession of the feeder
42	2 pigs.
42	3	(a)	The agreement shall provide that the feeder pigs shall
42	4 not be commingled with other swine for a period of thirty
42	5 days.
42	6	(b)	The owner transferring possession shall be responsible
42	7 for making certain that the agreement is executed and for
42	8 providing a copy of the agreement to the person taking
42	9 possession.
42 10	(2)  Native Iowa feeder pigs that are moved shall be
 42 11 accompanied by a certificate of inspection, or a certificate
 42 12 of veterinary inspection as provided in section 163.30, unless
 42 13 swine are otherwise exempted from this requirement by this
 42 14 section.
42 15	(3)	As used in this subsection paragraph "b", "farm to
42 16 farm within the state" does not include the movement or
42 17 relocation of native Iowa feeder pigs to the possession of a
42 18 dealer licensed pursuant to section 163.30.	Native Iowa
 42 19 feeder pigs that are moved shall be accompanied by a
 42 20 certificate of inspection, or a certificate of veterinary
 42 21 inspection as provided in section 163.30, unless swine are
 42 22 otherwise exempted from this requirement by this section.
42 23	3.	5.	Swine from a herd located within this state must be
42 24 moved or relocated in compliance with this section.	If the
42 25 swine is moved or relocated from a herd located within a
42 26 county which is designated by the department as in stage II of
42 27 the national pseudorabies eradication program, the swine shall
42 28 not be moved or relocated unless in compliance with section
42 29 166D.11.	Regardless of whether the swine is from a herd
42 30 located in a stage II county, the following shall govern the
42 31 movement or relocation of swine within this state:
42 32	a.	For swine from a noninfected herd, a person shall not
42 33 move swine for breeding purposes, unless one of the following
42 34 applies:
35	(1)	The swine is moved from a qualified negative herd or
1 qualified differentiable negative herd.
43	2	(2)	The swine reacts negatively to a differentiable test
43	3 within thirty days prior to moving the swine.
43	4	b.	For swine which is exposed, a person shall not move or
43	5 relocate the swine, unless one of the following applies:
43	6	(1)	The swine reacts negatively to a differentiable test
43	7 within thirty days prior to moving or relocating the swine.
43	8	(2)	The swine moves by restricted movement to either a
43	9 fixed concentration point or slaughtering establishment.
43 10	c.	For swine from a herd of unknown status, a person shall
43 11 not move or relocate the swine, unless one of the following
43 12 applies:
43 13	(1)	The swine reacts negatively to a differentiable test
43 14 within thirty days prior to moving or relocating the swine.
43 15	(2)	The swine moves by restricted movement to either a
43 16 fixed concentration point or slaughtering establishment.
43 17 However, the swine is not required to move by restricted
43 18 movement if the swine is moved from a fixed concentration
43 19 point directly to another fixed concentration point or to a
43 20 slaughtering establishment.
43 21	d.	For swine which is from an infected herd, a person
43 22 shall not move or relocate the swine, unless one of the
43 23 following applies:
43 24	(1)	If the swine is part of a cleanup plan, the following
43 25 shall apply:
43 26	(a)	For swine, other than feeder pigs or cull swine, which
43 27 are part of a herd subject to a cleanup plan, a person shall
43 28 only move swine by restricted movement to either a fixed
43 29 concentration point or slaughtering establishment.	A person
43 30 shall not relocate the swine.
43 31	(b)	For a feeder pig or cull swine which is part of a herd
43 32 subject to a herd cleanup plan, a person shall only move the
43 33 feeder pig or cull swine by restricted movement to either a
43 34 fixed concentration point or slaughtering establishment or
35 relocate the feeder pig or cull swine by restricted movement
1 to an approved premises.	For a feeder pig or cull swine which
44	2 is part of a feeder pig cooperator herd cleanup plan, a person

44	3 shall only move the feeder pig or cull swine by restricted
44	4 movement to either a fixed concentration point or slaughtering
44	5 establishment or move or relocate the feeder pig or cull swine
44	6 by restricted movement to an approved premises.	However, a
44	7 person shall not move or relocate a feeder pig or cull swine
44	8 to an approved premises, unless the approved premises is
44	9 identified in a cleanup plan as provided in section 166D.8, or
44 10 the department approves the move or relocation to another
44 11 approved premises.	A person shall not move or relocate a cull
44 12 swine to an approved premises, unless the cull swine reacts
44 13 negatively to a test and is vaccinated with a differentiable
44 14 vaccine.	The test and vaccine must be administered within
44 15 thirty days prior to the movement or relocation to the
44 16 approved premises.	A noninfected feeder pig is not required
44 17 to be tested or vaccinated prior to movement or relocation to
44 18 an approved premises, if the feeder pig is vaccinated upon
44 19 arrival at the approved premises.
44 20	(c)	For swine from a herd kept on an approved premises, a
44 21 person shall only move or relocate the swine by restricted
44 22 movement as provided in the cleanup plan governing the herd
44 23 and terms and conditions of the certification required for the
44 24 approved premises as provided in section 166D.10B.
44 25	(2)	If the swine is not part of a herd that is subject to
44 26 a cleanup plan because the herd is quarantined, a person shall
44 27 only move the swine by restricted movement to either a fixed
44 28 concentration point or slaughtering establishment.
44 29	4.	6.	Swine from a herd located outside this state must
44 30 be moved into and maintained in this state in compliance with
44 31 this section.	A person shall not move swine into this state,
44 32 except as follows:
44 33	a.	For swine from a herd, other than a noninfected herd,
44 34 the swine must be moved either to a fixed concentration point
35 or slaughtering establishment.
1	b.	For swine from a noninfected herd, the swine may be
45	2 moved to a concentration point or slaughtering establishment.
45	3 If the swine is not moved to a concentration point or
45	4 slaughtering establishment, the following shall apply:
45	5	(1)	Unless the person moves the swine into a county
45	6 designated by the department as in stage II of the national
45	7 pseudorabies eradication program, the following shall apply:
45	8	(a)	A person shall not move swine into this state for
45	9 breeding purposes, unless one of the following applies:
45 10	(i)	The swine is moved from a qualified negative herd or
45 11 qualified differentiable negative herd.
45 12	(ii)	The swine reacts negatively to a differentiable test,
45 13 within thirty days prior to moving the swine.
45 14	(b)	A person shall not move a feeder swine which is moved
45 15 into this state, unless the feeder swine reacts negatively to
45 16 a differentiable test within thirty days prior to movement
45 17 from a herd in this state.
45 18	(2)	If a person moves the swine into a county which is
45 19 designated by the department as in stage II of the national
45 20 pseudorabies eradication program, the following shall apply:
45 21	(a)	Except as provided in this subparagraph, the owner of
45 22 swine shall vaccinate the swine with a modified=live
45 23 differentiable vaccine, prior to moving swine into the stage
45 24 II county.	A person is not required to vaccinate swine prior
45 25 to moving swine into the stage II county if one of the
45 26 following applies:
45 27	(i)	The swine is part of a herd that cannot be vaccinated
45 28 under the law of the state or country in which the herd is
45 29 kept immediately prior to being moved into the stage II
45 30 county.
45 31	(ii)	The swine is an isowean feeder pig.
45 32	(iii)	The swine is moved either to a fixed concentration
45 33 point or slaughtering establishment.
45 34	(b)	For swine which are not vaccinated before being moved
35 into a stage II county as provided in this paragraph, the
1 following shall apply:
46	2	(i)	For swine other than swine moved into a herd within a
46	3 stage II county as an isowean feeder pig, the swine must be
46	4 immediately vaccinated with a differentiable vaccine, as
46	5 provided in section 166D.11.	The swine shall be considered as
46	6 part of a herd of unknown status, until tested negative and
46	7 vaccinated.
46	8	(ii)	For swine moved into a herd within a stage II county
46	9 as an isowean feeder pig, the swine moved into the herd must
46 10 be immediately vaccinated with a differentiable vaccine, as
46 11 provided in section 166D.11.	The department may require that
46 12 the swine be revaccinated with a differentiable vaccine at a
46 13 later date.	The swine shall be considered as part of a herd

46 14 of unknown status, until tested negative and vaccinated.
46 15	5.	7.	A person shall not move a swine within this state,
46 16 other than to a fixed concentration point or slaughtering
46 17 establishment, if the swine is vaccinated with a vaccine other
46 18 than a differentiable vaccine approved by the department
46 19 pursuant to section 166D.14.
46 20	6.	8.	Known infected swine moved through a fixed
46 21 concentration point shall only be moved by restricted movement
46 22 to a slaughtering establishment.
46 23	7.	9.	Swine moved under this section to a slaughtering
46 24 establishment shall be for the exclusive purpose of
46 25 slaughtering the swine.	Swine moved under this section to a
46 26 fixed concentration point shall be for the exclusive purpose
46 27 of immediately moving the swine to a slaughtering
46 28 establishment.	Swine moved or relocated under this section to
46 29 an approved premises shall be for the exclusive purpose of
46 30 feeding the swine prior to movement or relocation to another
46 31 approved premises, or movement to either a fixed concentration
46 32 point or a slaughtering establishment.
46 33	Sec. 72.	Section 169.5, Code 2009, is amended to read as
46 34 follows:
35	169.5	BOARD OF VETERINARY MEDICINE.
1	1.	a.	The governor shall appoint, subject to confirmation
47	2 by the senate pursuant to section 2.32, a board of five
47	3 individuals, three of whom shall be licensed veterinarians and
47	4 two of whom shall not be licensed veterinarians, but shall be
 47  5 knowledgeable in the area of animal husbandry and who shall
47	6 represent the general public.	The representatives of the
 47  7 general public shall not prepare, grade or otherwise
 47  8 administer examinations to applicants for license to practice
 47  9 veterinary medicine.	The board shall be known as the Iowa
47 10 board of veterinary medicine.
47 11	b.	Each licensed veterinarian board member shall be
47 12 actively engaged in veterinary medicine and shall have been so
47 13 engaged for a period of five years immediately preceding
47 14 appointment, the last two of which shall have been in Iowa.
47 15 The representatives of the general public shall be
 47 16 knowledgeable in the area of animal husbandry.  A member of
 47 17 the board shall not be employed by or have any material or
 47 18 financial interest in any wholesale or jobbing house dealing
 47 19 in supplies, equipment, or instruments used or useful in the
 47 20 practice of veterinary medicine.
47 21	A member of the board shall not be employed by or have any
 47 22 material or financial interest in any wholesale or jobbing
 47 23 house dealing in supplies, equipment or instruments used or
 47 24 useful in the practice of veterinary medicine.  The person
 47 25 designated as the state veterinarian shall serve as secretary
 47 26 of the board.
47 27	c.	Professional associations or societies composed of
47 28 licensed veterinarians may recommend the names of potential
47 29 board members to the governor, but the governor is not bound
47 30 by the recommendations.
47 31	2.	The members of the board shall be appointed for a term
47 32 of three years except the terms of the members of the initial
47 33 board shall be rotated in such a manner that at least one
47 34 member shall retire each year and a successor be appointed.
35 The term of each member shall commence and end as provided by
1 section 69.19.	Members shall serve no more than three terms
48	2 or nine years total, whichever is less.	Any vacancy in the
 48  3 membership of the board caused by death, resignation, removal,
 48  4 or otherwise, shall be filled for the period of the unexpired
 48  5 term in the same manner as original appointments.
48	6	3.  Any vacancy in the membership of the board caused by
 48  7 death, resignation, removal, or otherwise, shall be filled for
 48  8 the period of the unexpired term in the same manner as
 48  9 original appointments.
48 10	4.  Members of the board shall, in addition to necessary
 48 11 traveling and other expenses, set their own per diem
 48 12 compensation at a rate not exceeding the per diem specified in
 48 13 section 7E.6 for each day actually engaged in the discharge of
 48 14 their duties including compensation for the time spent
 48 15 traveling to and from the place of conducting the examination
 48 16 and for a reasonable number of days for the preparation of
 48 17 examination and the reading of papers, in addition to the time
 48 18 actually spent in conducting examinations, within the limits
 48 19 of funds appropriated to the board.
48 20	5.  The department shall furnish the board with all
 48 21 articles and supplies required for the public use and
 48 22 necessary to enable the board to perform the duties imposed
 48 23 upon it by law.  Such articles and supplies shall be obtained
 48 24 by the department in the same manner in which the regular

 48 25 supplies for the department are obtained, and the department
 48 26 shall assess the costs to the board for such articles and
 48 27 supplies.  The board shall also reimburse the department for
 48 28 direct and indirect administrative costs incurred in issuing
 48 29 and renewing the licenses.
48 30	6.	3.	The board shall meet at least once each year as
48 31 determined by the board.	Other necessary meetings may be
48 32 called by the president of the board by giving proper notice.
48 33 Except as provided, a majority of the board constitutes a
48 34 quorum.	Meetings shall be open and public except that the
35 board may meet in closed session to prepare, approve,
1 administer, or grade examinations, or to deliberate the
49	2 qualifications of an applicant for license or the disposition
49	3 of a proceeding to discipline a licensed veterinarian.
49	4	7.	4.	At its annual meeting, the board shall organize by
49	5 electing a president and such other officers as may be
49	6 necessary.	Officers of the board serve for terms of one year
49	7 and until a successor is elected, without limitation on the
49	8 number of terms an officer may serve.	The president shall
49	9 serve as chairperson of board meetings.	The person designated
 49 10 as the state veterinarian shall serve as secretary of the
 49 11 board.
49 12	5.	The duties of the board shall include carrying on the
49 13 correspondence of the board, keeping permanent accounts and
49 14 records of all receipts and disbursements by the board and of
49 15 all board proceedings, including the disposition of all
49 16 applications for a license, and keeping a register of all
49 17 persons currently licensed by the board.	The representatives
 49 18 of the general public shall not prepare, grade, or otherwise
 49 19 administer examinations to applicants for a license to
 49 20 practice veterinary medicine.	All board records shall be open
49 21 to public inspection during regular office hours.
49 22	6.  Members of the board shall set their own per diem
 49 23 compensation, at a rate not exceeding the per diem specified
 49 24 in section 7E.6 for each day actually engaged in the discharge
 49 25 of their duties, as well as compensation for necessary
 49 26 traveling and other expenses.  Compensation for veterinarian
 49 27 members of the board shall include compensation for the time
 49 28 spent traveling to and from the place of conducting the
 49 29 examination and for a reasonable number of days for the
 49 30 preparation of examination and the reading of papers, in
 49 31 addition to the time actually spent in conducting
 49 32 examinations, within the limits of funds appropriated to the
 49 33 board.
34	8.  The board shall set the fees by rule for a license to
 49 35 practice veterinary medicine issued upon the basis of the
 50  1 examination.  It shall also set the fees by rule for a license
 50  2 granted on the basis of reciprocity, a renewal of a license to
 50  3 practice veterinary medicine, a certified statement that a
 50  4 licensee is licensed to practice in this state, and an
 50  5 issuance of a duplicate license when the original is lost or
 50  6 destroyed.  The fee shall be based upon the administrative
 50  7 costs of sustaining the board and shall include, but shall not
 50  8 be limited to, the following:
9	a.  Per diem, expenses, and travel of board members.
50 10	b.  Costs to the department for administration of this
 50 11 chapter.
50 12	9.	7.	Upon a three=fifths vote, the board may:
50 13	a.	Examine and determine the qualifications and fitness of
50 14 applicants for a license to practice veterinary medicine in
50 15 the state.
50 16	b.	Issue, renew, or deny issuance or renewal of licenses
50 17 and temporary permits to practice veterinary medicine in this
50 18 state.
50 19	c.	Establish and publish annually a schedule of fees for
50 20 licensing and registration of veterinarians.	The fees shall
 50 21 be set by rule and shall include fees for a license to
 50 22 practice veterinary medicine issued upon the basis of the
 50 23 examination, a license granted on the basis of reciprocity, a
 50 24 renewal of a license to practice veterinary medicine, a
 50 25 certified statement that a licensee is licensed to practice in
 50 26 this state, and an issuance of a duplicate license when the
 50 27 original is lost or destroyed.	The fee schedule shall be
50 28 based on the board's anticipated financial requirements for
50 29 the year, which shall include but not be limited to the
 50 30 following:
50 31	(1)  Per diem, expenses, and travel of board members.
50 32	(2)  Costs to the department for administration of this
 50 33 chapter.
50 34	d.	Conduct investigations for the purpose of discovering
35 violations of this chapter or grounds for disciplining

1 licensed veterinarians.
51	2	e.	Hold hearings on all matters properly brought before
51	3 the board and administer oaths, receive evidence, make the
51	4 necessary determinations, and enter orders consistent with the
51	5 findings.	The board may require by subpoena the attendance
51	6 and testimony of witnesses and the production of papers,
51	7 records, or other documentary evidence and commission
51	8 depositions.	An administrative law judge may be appointed
51	9 pursuant to section 17A.11 to perform those functions which
51 10 properly repose in an administrative law judge.
51 11	f.	Employ full=time or part=time personnel, professional,
51 12 clerical, or special, as are necessary to effectuate the
51 13 provisions of this chapter.
51 14	g.	Appoint from its own membership one or more members to
51 15 act as representatives of the board at any meeting within or
51 16 without the state where such representation is deemed
51 17 desirable.
51 18	h.	Bring proceedings in the courts for the enforcement of
51 19 this chapter or any regulations made pursuant to this chapter.
51 20	i.	Adopt, amend, or repeal rules relating to the standards
51 21 of conduct for, testing of, and revocation or suspension of
51 22 certificates issued to veterinary assistants.	However, a
51 23 certificate shall not be suspended or revoked by less than a
51 24 two=thirds vote of the entire board in a proceeding conducted
51 25 in compliance with section 17A.12.
51 26	j.	Adopt, amend, or repeal all rules necessary for its
51 27 government and all regulations necessary to carry into effect
51 28 the provision of this chapter, including the establishment and
51 29 publication of standards of professional conduct for the
51 30 practice of veterinary medicine.
51 31	8.	The powers enumerated above in subsection 7 are granted
51 32 for the purpose of enabling the board to effectively supervise
51 33 the practice of veterinary medicine and are to be construed
51 34 liberally to accomplish this objective.
35	10.	9.	A person who provides veterinary medical services,
1 owns a veterinary clinic, or practices in this state shall
52	2 obtain a certificate from the board and be subject to the same
52	3 standards of conduct, as provided in this chapter and rules
52	4 adopted by the board, as apply to a licensed veterinarian,
52	5 unless the board determines that the same standards of conduct
52	6 are inapplicable.	The board shall issue, renew, or deny a
52	7 certificate; adopt rules relating to the standards of conduct;
52	8 and take disciplinary action against the person, including
52	9 suspension or revocation of a certificate, in accordance with
52 10 the procedures established in section 169.14.	Certification
52 11 fees shall be established by the board pursuant to subsection
52 12 9 7, paragraph "j".	Fees shall be established in an amount
52 13 sufficient to fully offset the costs of certification pursuant
52 14 to this subsection.	For the fiscal year beginning July 1,
52 15 2001, and ending June 30, 2002, the department shall retain
52 16 fees collected to administer the program of certifying
52 17 veterinary clinics and the fees retained are appropriated to
52 18 the department for the purposes of this subsection.	For the
52 19 fiscal year beginning July 1, 2001, and ending June 30, 2002,
52 20 notwithstanding section 8.33, fees which remain unexpended at
52 21 the end of the fiscal year shall not revert to the general
52 22 fund of the state but shall be available for use for the
52 23 following fiscal year to administer the program.	For the
52 24 fiscal year beginning July 1, 2002, and succeeding fiscal
52 25 years, certification fees shall be deposited in the general
52 26 fund of the state and are appropriated to the department to
52 27 administer the certification provisions of this subsection.
52 28 This subsection shall not apply to an animal shelter, as
52 29 defined in section 162.2, that provides veterinary medical
52 30 services to animals in the custody of the shelter.
31	10.  The department shall furnish the board with all
 52 32 articles and supplies required for the public use and
 52 33 necessary to enable the board to perform the duties imposed
 52 34 upon it by law.  Such articles and supplies shall be obtained
 52 35 by the department in the same manner in which the regular
 53  1 supplies for the department are obtained, and the department
 53  2 shall assess the costs to the board for such articles and
 53  3 supplies.  The board shall also reimburse the department for
 53  4 direct and indirect administrative costs incurred in issuing
 53  5 and renewing the licenses.
6	Sec. 73.	Section 175B.4, Code 2009, is amended to read as
53	7 follows:
53	8	175B.4	OTHER PROGRAMS.
53	9	Nothing in this chapter restricts the department from
53 10 providing for other programs which promote the purposes of the
53 11 federal programs.

53 12	Sec. 74.	Section 190.12, Code 2009, is amended to read as
53 13 follows:
53 14	190.12	STANDARDS FOR FROZEN DESSERTS.
53 15	1.	Frozen desserts and the pasteurized dairy ingredients
53 16 used in the manufacture thereof, shall comply with the
53 17 following standards:
53 18  	
53 19 Milk, cream, and fluid	Temperature	Storage at 45 degrees F.
53 20 dairy ingredient	Bacterial limit 50,000 per milliliter
53 21	Coliform limit	10 per milliliter
53 22  	
53 23 Frozen dessert mixes,	Temperature	Storage at 45 degrees F.
53 24 frozen desserts (plain)	Bacterial limit 50,000 per gram
53 25	Coliform limit	10 per gram
53 26  	
53 27 Dry dairy ingredient	Extra grade or better as defined by
53 28	U.S. Standards for grades for the
53 29	particular product.
53 30  	
53 31 Dry powder mix	Bacterial limit	50,000 per gram
53 32	Coliform limit	10 per gram
53 33  	
53 34	2.	The bacteria count and coliform determination shall not
35 exceed this standard these standards in three out of the last
1 five consecutive samples taken by the regulatory agency.
54	2	3.	This section shall not preclude holding mix at a higher
54	3 temperature for a short period of time immediately prior to
54	4 freezing where applicable to the particular manufacturing or
54	5 processing practices.
54	6	4.	This section shall not apply to sterilized mix in
54	7 hermetically sealed containers.
54	8	5.	The coliform determination for bulky flavored frozen
54	9 desserts shall not be more than twenty per gram.
54 10	Sec. 75.	Section 191.6, Code 2009, is amended to read as
54 11 follows:
54 12	191.6	STANDARDS FOR OLEOMARGARINE.
54 13	The department may prescribe and establish standards for
54 14 oleo, oleomargarine, or margarine manufactured or sold in this
54 15 state and may adopt the standards set up by now existing
54 16 regulations of the federal security administration or agency
 54 17 as found in 1949, Code of Federal Regulations, Title 21, Part
 54 18 45, } 45.0 food and drug administration of the United States
 54 19 department of health and human services, 21 C.F.R. } 166.110,
54 20 or any amendments thereto.	Any standards so established shall
54 21 not be contrary to or inconsistent with the provisions of
54 22 section 190.1, subsection 6, entitled "Oleomargarine".
54 23	Sec. 76.	Section 200.14, Code 2009, is amended to read as
54 24 follows:
54 25	200.14	RULES.
54 26	1.	The secretary is authorized, after public hearing,
54 27 following due notice, to adopt rules setting forth minimum
54 28 general safety standards for the design, construction,
54 29 location, installation and operation of equipment for storage,
54 30 handling, transportation by tank truck or tank trailer, and
54 31 utilization of anhydrous ammonia.
54 32	a.	The rules shall be such as are reasonably necessary for
54 33 the protection and safety of the public and persons using
54 34 anhydrous ammonia, and shall be in substantial conformity with
35 the generally accepted standards of safety.
1	b.	It is hereby declared that rules Rules that are in
55	2 substantial conformity with the published standards of the
55	3 agricultural ammonia institute for the design, installation
55	4 and construction of containers and pertinent equipment for the
55	5 storage and handling of anhydrous ammonia, shall be deemed to
55	6 be in substantial conformity with the generally accepted
55	7 standards of safety.
55	8	2.	Anhydrous ammonia equipment shall be installed and
55	9 maintained in a safe operating condition and in conformity
55 10 with rules adopted by the secretary.
55 11	3.	The secretary is hereby charged with the enforcement of
55 12 shall enforce this chapter, and, after due publicity and due
55 13 public hearing, is empowered to may promulgate and adopt such
55 14 reasonable rules as may be necessary in order to carry into
55 15 effect the purpose and intent and to secure the efficient

 55 16 administration of

this

chapter

or to secure the efficient

 55 17 administration thereof.
55 18	4.	Nothing in this This chapter shall does not prohibit
55 19 the use of storage tanks smaller than transporting tanks nor
55 20 the transfer of all kinds of fertilizer including anhydrous
55 21 ammonia directly from transporting tanks to implements of
55 22 husbandry, if proper safety precautions are observed.

55 23	Sec. 77.	Section 203C.18, subsection 1, paragraph c, Code
55 24 2009, is amended to read as follows:
55 25	c.	A statement that the receipt is issued subject to the
55 26 Iowa warehouse Act and the rules and regulations prescribed
55 27 pursuant to the Act this chapter.
55 28	Sec. 78.	Section 203D.1, Code 2009, is amended by adding
55 29 the following new subsection:
55 30	NEW SUBSECTION.	10A.	"Purchased grain" means grain which
55 31 is entered in the company owned paid position as evidenced on
55 32 the grain dealer's daily position record.
55 33	Sec. 79.	Section 203D.3, subsection 2, paragraph a,
55 34 unnumbered paragraph 1, Code 2009, is amended to read as
35 follows:
1	A per=bushel fee shall be assessed on all purchased grain.
56	2 As used in this chapter, "purchased grain" means grain which
 56  3 is entered in the company owned paid position as evidenced on
 56  4 the grain dealer's daily position record.	However, if the
56	5 grain dealer provides documentation regarding the transaction
56	6 satisfactory to the department, the following transactions
56	7 shall be excluded from the fee:
56	8	Sec. 80.	Section 206.6, subsection 5, Code 2009, is
56	9 amended to read as follows:
56 10	5.	Issue commercial applicator license.
56 11	a.	The secretary shall approve an application and issue a
56 12 commercial applicator license to the applicant as follows:
56 13	(1)	The applicant is qualified as found by the secretary
56 14 to apply pesticides in the classifications for which the
56 15 applicant has applied.
56 16	(2)	The applicant must furnish to the department evidence
56 17 of financial responsibility as required under section 206.13.
56 18	(3)	An applicant applying for a license to engage in
56 19 aerial application of pesticides must meet all of the
56 20 requirements of the federal aviation administration, the
56 21 United States department of transportation, and any other
56 22 applicable federal or state laws or regulations to operate the
56 23 equipment described in the application.
56 24	b.	The secretary shall adopt by rule, additional
56 25 requirements for issuing a license to a person who is a
56 26 nonresident of this state engaged in the aerial application of
56 27 pesticides, which may include but is not limited to conditions
56 28 for the operation of the aircraft and the application of the
56 29 pesticides under the supervision of a person who is a resident
56 30 of this state and licensed as a commercial applicator under
56 31 this section or as a pesticide dealer under section 206.8.
56 32 The secretary shall not adopt rules concerning the operation
56 33 of aircraft when a nonresident person is not engaged in the
56 34 commercial application of pesticides.
35	b.	c.	The secretary shall issue a commercial applicator
1 license limited to the classifications for which the applicant
57	2 is qualified, which shall expire at the end of the calendar
57	3 year of issue unless it has been revoked or suspended by the
57	4 secretary for cause.	The secretary may limit the license of
57	5 the applicant to the use of certain pesticides, or to certain
57	6 areas, or to certain types of equipment if the applicant is
57	7 only so qualified.	If a license is not issued as applied for,
57	8 the secretary shall inform the applicant in writing of the
57	9 reasons.
57 10	Sec. 81.	Section 207.15, subsections 1, 2, and 5, Code
57 11 2009, are amended to read as follows:
57 12	1.	a.  (1)	A person who violates a permit condition, a
57 13 provision of this chapter, or a rule or order issued under
57 14 this chapter is subject to a civil penalty not to exceed five
57 15 thousand dollars per day for each day of violation.
57 16	(2)	If a violation results in the issuance of a cessation
57 17 order, a civil penalty shall be imposed.	The penalty shall
57 18 not exceed five thousand dollars for each day of violation.
57 19	b.	In determining the amount of the penalty, consideration
57 20 shall be given to the operator's history of previous
57 21 violations at the particular mining operation, the seriousness
57 22 of the violation, including any irreparable harm to the
57 23 environment and any hazard to the health or safety of the
57 24 public, whether the operator was negligent, and the
57 25 demonstrated good faith of the operator charged in attempting
57 26 to achieve rapid compliance after notification of the
57 27 violation.
57 28	c.	An operator who fails to correct a violation for which
57 29 a notice or order has been issued within the period permitted
57 30 for its correction shall be required to pay a civil penalty of
57 31 not less than seven hundred fifty dollars for each day during
57 32 which the failure or violations continue.
57 33	2.	a.	If a notice or order has been issued, the division

57 34 may assess a recommended penalty in accordance with a schedule
35 established by rule.	The person to whom the notice or order
1 was issued may submit written information within fifteen days
58	2 of the notice or order to be considered by the division.	The
58	3 division shall serve the assessment by certified mail, return
58	4 receipt requested, within thirty days of issuance of the
58	5 notice or order.	The division may reassess any penalty if
58	6 necessary to consider account for facts not reasonably
58	7 available on the date of issuance of the assessment.	A person
58	8 may consent to a penalty assessment by paying the penalty
58	9 without resort to judicial proceedings.
58 10	b.	If a violation results in the issuance of a cessation
58 11 order pursuant to section 207.14 the division shall assess a
58 12 penalty.
58 13	5.	If a violation results in a cessation order pursuant to
58 14 section 207.14, the attorney general, at the request of the
58 15 division, shall institute a civil action in district court for
58 16 injunctive relief.
58 17	5A.	Notwithstanding section 17A.20, an appeal bond shall
58 18 be required for an appeal of a judgment assessing a civil
58 19 penalty.
58 20	Sec. 82.	Section 216.8A, subsection 3, paragraph c,
58 21 subparagraph (1), Code 2009, is amended to read as follows:
58 22	(1)	A refusal to permit, at the expense of the person with
58 23 a disability, reasonable modifications of existing premises
58 24 occupied or to be occupied by the person if the modifications
58 25 are necessary to afford the person full enjoyment of the
58 26 premises.	However, it is not discrimination for a landlord,
58 27	In in the case of a rental, a landlord may, and where
58 28 reasonable to do so, to condition permission for a
58 29 modification on the renter's agreement to restore the interior
58 30 of the premises to the condition that existed before the
58 31 modification, reasonable wear and tear excepted.
58 32	Sec. 83.	Section 216.16, Code 2009, is amended to read as
58 33 follows:
58 34	216.16	SIXTY=DAY ADMINISTRATIVE RELEASE.
35	1.	A person claiming to be aggrieved by an unfair or
1 discriminatory practice must initially seek an administrative
59	2 relief by filing a complaint with the commission in accordance
59	3 with section 216.15.	This provision also applies to persons
59	4 claiming to be aggrieved by an unfair or discriminatory
59	5 practice committed by the state or an agency or political
59	6 subdivision of the state, notwithstanding the terms of the
59	7 Iowa administrative procedure Act, chapter 17A.	A complainant
 59  8 after
59	9	2.  After the proper filing of a complaint with the
59 10 commission, a complainant may subsequently commence an action
59 11 for relief in the district court if all of the following
59 12 conditions have been satisfied:
59 13	a.	The complainant has timely filed the complaint with the
59 14 commission as provided in section 216.15, subsection 12; and.
59 15	b.	The complaint has been on file with the commission for
59 16 at least sixty days and the commission has issued a release to
59 17 the complainant pursuant to subsection 2 of this section 3.
59 18	2.	3.  a.	Upon a request by the complainant, and after
59 19 the expiration of sixty days from the timely filing of a
59 20 complaint with the commission, the commission shall issue to
59 21 the complainant a release stating that the complainant has a
59 22 right to commence an action in the district court.	A release
59 23 under this subsection shall not be issued if a any of the
 59 24 following apply:
59 25	(1)  A finding of no probable cause has been made on the
59 26 complaint by the administrative law judge charged with that
59 27 duty under section 216.15, subsection 3, a.
59 28	(2)  A conciliation agreement has been executed under 59 29 section 216.15, the.
59 30	(3)  The commission has served notice of hearing upon the
59 31 respondent pursuant to section 216.15, subsection 5, or the.
59 32	(4)  The complaint is closed as an administrative closure
59 33 and two years have elapsed since the issuance date of the
59 34 closure.
35	b.	Notwithstanding section 216.15, subsection 4, a party
1 may obtain a copy of all documents contained in a case file
60	2 where the commission has issued a release to the complainant
60	3 pursuant to this subsection.
60	4	3.	4.	An action authorized under this section is barred
60	5 unless commenced within ninety days after issuance by the
60	6 commission of a release under subsection 2 of this section 3.
60	7 If a complainant obtains a release from the commission under
60	8 subsection 2 of this section 3, the commission is barred from
60	9 further action on that complaint.

60 10	4.	5.	Venue for an action under this section shall be in
60 11 the county in which the respondent resides or has its
60 12 principal place of business, or in the county in which the
60 13 alleged unfair or discriminatory practice occurred.
60 14	5.	6.	The district court may grant any relief in an
60 15 action under this section which is authorized by section
60 16 216.15, subsection 8 to be issued by the commission.	The
60 17 district court may also award the respondent reasonable
60 18 attorney's fees and court costs when the court finds that the
60 19 complainant's action was frivolous.
60 20	6.	7.	It is the legislative intent of this chapter that
60 21 every complaint be at least preliminarily screened during the
60 22 first one hundred twenty days.
60 23	8.	This section does not authorize administrative closures
60 24 if an investigation is warranted.
60 25	Sec. 84.	Section 216E.7, Code 2009, is amended to read as
60 26 follows:
60 27	216E.7	EXEMPTIONS.
60 28	This chapter does not apply to a hearing aid sold, leased,
60 29 or transferred to a consumer by an audiologist licensed under
60 30 chapter 147 154F, or a hearing aid dispenser licensed under
60 31 chapter 154A, if the audiologist or dispenser provides either
60 32 an express warranty for the hearing aid or provides for
60 33 service and replacement of the hearing aid.
60 34	Sec. 85.	Section 229.15, subsection 3, paragraph a, Code
35 2009, is amended to read as follows:
1	a.	A psychiatric advanced registered nurse practitioner
61	2 treating a patient previously hospitalized under this chapter
61	3 may complete periodic reports pursuant to this section on the
61	4 patient if the patient has been recommended for treatment on
61	5 an outpatient or other appropriate basis pursuant to section
61	6 229.14, subsection 1, paragraph "c", and if a psychiatrist
61	7 licensed pursuant to chapter 148, 150, or 150A personally
61	8 evaluates the patient on at least an annual basis.
61	9	Sec. 86.	Section 235.1, Code 2009, is amended to read as
61 10 follows:
61 11	235.1	DEFINITIONS.
61 12	As used in this chapter, unless the context otherwise
 61 13 requires:
61 14	1.	The terms "state division", "administrator", and
 61 15 "child" are used in this chapter and chapter 238 as the terms
 61 16 are "Administrator" means the same as defined in section 61 17 234.1.
61 18	2.  "Child" means the same as defined in section 234.1.
61 19	3.	"Child welfare services" means social welfare services
61 20 for the protection and care of children who are homeless,
61 21 dependent or neglected, or in danger of becoming delinquent,
61 22 or who have a mental illness or mental retardation or other
61 23 developmental disability, including, when necessary, care and
61 24 maintenance in a foster care facility.	Child welfare services
61 25 are designed to serve a child in the child's home whenever
61 26 possible.	If not possible, and the child is placed outside
61 27 the child's home, the placement should be in the least
61 28 restrictive setting available and in close proximity to the
61 29 child's home.
61 30	4. "State division" means the same as defined in section
 61 31 234.1.
61 32	Sec. 87.	Section 235B.3A, subsection 3, unnumbered
61 33 paragraph 1, Code 2009, is amended to read as follows:
61 34	Providing a dependent adult with immediate and adequate
35 notice of the dependent adult's rights.	The notice shall
1 consist of handing the dependent adult a document that
 62  2 includes the telephone numbers of shelters, support groups,
 62  3 and crisis lines operating in the area and contains a copy of
62	4 the following written statement,; requesting the dependent
62	5 adult to read the card; and asking the dependent adult whether
62	6 the dependent adult understands the rights:
62	7	Sec. 88.	Section 235B.3A, subsection 3, unnumbered
62	8 paragraph 2, Code 2009, is amended by striking the paragraph.
62	9	Sec. 89.	Section 235E.2, subsection 13, paragraph a,
62 10 subparagraphs (2) and (3), Code 2009, are amended to read as
62 11 follows:
62 12	(2)	The alleged dependent adult abuser requests the
62 13 presence of a an employee organization or union
62 14 representative.
62 15	(3)	The employee organization or union representative
62 16 maintains the confidentiality of all information from the
62 17 interview subject to the penalties provided in section 235B.12
62 18 if such confidentiality is breached.
62 19	Sec. 90.	Section 235E.3, subsection 3, paragraph a,
62 20 unnumbered paragraph 1, Code 2009, is amended to read as

62 21 follows:
62 22	Providing a dependent adult with immediate and adequate
62 23 notice of the dependent adult's rights.	The notice shall
62 24 consist of handing the dependent adult a document that
 62 25 includes the telephone numbers of shelters, support groups,
 62 26 and crisis lines operating in the area and contains a copy of
62 27 the following written statement,; requesting the dependent
62 28 adult to read the card; and asking the dependent adult whether
62 29 the dependent adult understands the rights:
62 30	Sec. 91.	Section 235E.3, subsection 3, paragraph b, Code
62 31 2009, is amended by striking the paragraph.
62 32	Sec. 92.	Section 235E.4, Code 2009, is amended to read as
62 33 follows:
62 34	235E.4	CHAPTER 235B APPLICATION.
35	Sections 235B.4 through 235B.20, where not inconsistent
1 with this chapter, shall apply to this chapter.
63	2	Sec. 93.	Section 236.12, subsection 1, paragraph c,
63	3 unnumbered paragraph 1, Code 2009, is amended to read as
63	4 follows:
63	5	Providing an abused person with immediate and adequate
63	6 notice of the person's rights.	The notice shall consist of
63	7 handing the person a document that includes the telephone
 63  8 numbers of shelter, support groups, and crisis lines operating
 63  9 in the area and contains a copy of the following statement
63 10 written in English and Spanish,; asking the person to read the
63 11 card; and asking whether the person understands the rights:
63 12	Sec. 94.	Section 236.12, subsection 1, paragraph c,
63 13 unnumbered paragraph 8, Code 2009, is amended by striking the
63 14 unnumbered paragraph.
63 15	Sec. 95.	Section 238.1, Code 2009, is amended to read as
63 16 follows:
63 17	238.1	DEFINITIONS.
63 18	1.	For the purpose of this chapter the word
 63 19 "administrator" unless the context otherwise requires:
63 20	1.  "Administrator" means the administrator of the division
63 21 of child and family services of the department of human
63 22 services.
63 23	2.  "Child" means the same as defined in section 234.1.
63 24	3.  "Child=placing agency" means any agency, whether
 63 25 public, semipublic, or private, which represents that the
 63 26 agency places children permanently or temporarily in private
 63 27 family homes or receives children for placement in private
 63 28 family homes, or which actually engages for gain or otherwise
 63 29 in the placement of children in private family homes.
63 30	2.	4.	The word "person" "Person" or "agency" where used
 63 31 in this chapter shall include individuals, institutions,
63 32 partnerships, voluntary associations, and corporations, other
63 33 than institutions under the management or control of any
63 34 division or any administrator of the department of human
35 services or any administrator thereof.
1	5.  "State division" means the same as defined in section
 64  2 234.1.
64	3	Sec. 96.	Section 249A.6, subsection 1, paragraph a,
64	4 subparagraph (2), Code 2009, is amended to read as follows:
64	5	(2)	Cooperate with the department in obtaining payments
64	6 described in paragraph "a" subparagraph (1).
64	7	Sec. 97.	Section 252B.5, subsection 8, Code 2009, is
64	8 amended to read as follows:
64	9	8.	a.	At the request of either parent who is subject to
64 10 the order of support or upon its own initiation, review the
64 11 amount of the support award in accordance with the guidelines
64 12 established pursuant to section 598.21B, and Title IV=D of the
64 13 federal Social Security Act, as amended, and take action to
64 14 initiate modification proceedings if the criteria established
64 15 pursuant to this section are met.	However, a review of a
64 16 support award is not required if the child support recovery
64 17 unit determines that such a review would not be in the best
64 18 interest of the child and neither parent has requested such
64 19 review.
64 20	b.	The department shall adopt rules no later than October
 64 21 13, 1990, setting forth the process for review of requests for
64 22 modification of support obligations and the criteria and
64 23 process for taking action to initiate modification
64 24 proceedings.
64 25	Sec. 98.	Section 256D.2A, Code 2009, is amended to read as
64 26 follows:
64 27	256D.2A	PROGRAM FUNDING.
64 28	Beginning For the budget year beginning July 1, 2009, and
64 29 each succeeding budget year, a school district shall expend
64 30 funds received pursuant to section 257.10, subsection 11, at
64 31 the kindergarten through grade three levels to reduce class

64 32 sizes to the state goal of seventeen students for every one
64 33 teacher and to achieve a higher level of student success in
64 34 the basic skills, especially reading.	In order to support
35 these efforts, school districts may expend funds received
1 pursuant to section 257.10, subsection 11, at the kindergarten
65	2 through grade three level on programs, instructional support,
65	3 and materials that include but are not limited to the
65	4 following:	additional licensed instructional staff;
65	5 additional support for students, such as before and after
65	6 school programs, tutoring, and intensive summer programs; the
65	7 acquisition and administration of diagnostic reading
65	8 assessments; the implementation of research=based
65	9 instructional intervention programs for students needing
65 10 additional support; the implementation of all=day, everyday
65 11 kindergarten programs; and the provision of classroom teachers
65 12 with intensive training programs to improve reading
65 13 instruction and professional development in best practices
65 14 including but not limited to training programs related to
65 15 instruction to increase students' phonemic awareness, reading
65 16 abilities, and comprehension skills.
65 17	Sec. 99.	Section 256D.4A, Code 2009, is amended to read as
65 18 follows:
65 19	256D.4A	PROGRAM REQUIREMENTS.
65 20	A school district shall maintain a separate listing within
65 21 its budget for payments received and expenditures made
65 22 pursuant to this section chapter.	A school district shall
65 23 certify to the department of education that moneys received
65 24 under this section chapter were used to supplement, not
65 25 supplant, moneys otherwise received and used by the school
65 26 district.
65 27	Sec. 100.	Section 257.11, subsection 3, paragraph b,
65 28 unnumbered paragraph 1, Code 2009, is amended to read as
65 29 follows:
65 30	If the school budget review committee certifies to the
65 31 department of management that the class would not otherwise be
65 32 implemented without the assignment of additional weighting,
65 33 pupils attending a community college=offered class or
65 34 attending a class taught by a community college=employed
35 instructor are assigned a weighting of the percentage of the
1 pupil's school day during which the pupil attends class in the
66	2 community college or attends a class taught by a community
66	3 college=employed instructor of times seventy hundredths for
66	4 career and technical courses and or forty=six hundredths for
66	5 liberal arts and sciences courses.	The following requirements
66	6 shall be met for the purposes of assigning an additional
66	7 weighting for classes offered through a sharing agreement
66	8 between a school district and community college.	The class
66	9 must be:
66 10	Sec. 101.	Section 260C.14, subsection 22, paragraph a,
66 11 subparagraphs (1), (3), and (5), Code 2009, are amended to
66 12 read as follows:
66 13	(1)	Total revenue received from each local school district
66 14 as a result of high school students enrolled in community
66 15 college courses under the postsecondary enrollment options Act
66 16 program.
66 17	(3)	Unduplicated headcount of high school students
66 18 enrolled in community college courses under the postsecondary
66 19 enrollment options Act program.
66 20	(5)	Total credits earned by high school students enrolled
66 21 in community college courses under the postsecondary
66 22 enrollment options Act program, broken down by
66 23 vocational=technical or career program and arts and sciences
66 24 program.
66 25	Sec. 102.	Section 262.9, subsection 4, Code 2009, is
66 26 amended to read as follows:
66 27	4.	Manage and control the property, both real and
66 28 personal, belonging to the institutions.
66 29	4A.	The board shall purchase Purchase or require the
66 30 purchase of, when the price is reasonably competitive and the
66 31 quality as intended, soybean=based inks.	All inks purchased
66 32 that are used internally or are contracted for by the board
66 33 shall be soybean=based to the extent formulations for such
66 34 inks are available.
35	a.	The department of natural resources shall review the
1 procurement specifications currently used by the board to
67	2 eliminate, wherever possible, discrimination against the
67	3 procurement of products manufactured with soybean=based inks.
67	4	b.	The department of natural resources shall assist the
67	5 board in locating suppliers of recycled content products and
67	6 soybean=based inks and collecting data on recycled content and
67	7 soybean=based ink purchases.

67	8	c.	The board, in conjunction with the department of
67	9 natural resources, shall adopt rules to carry out the
67 10 provisions of this section subsection.
67 11	d.	The department of natural resources shall cooperate
67 12 with the board in all phases of implementing this section
67 13 subsection.
67 14	Sec. 103.	Section 279.13, subsection 1, paragraph b,
67 15 subparagraph (1), Code 2009, is amended to read as follows:
67 16	(1)	Prior to entering into an initial contract with a
67 17 teacher who holds a license other than an initial license
67 18 issued by the board of educational examiners under chapter
67 19 272, the school district shall initiate a state criminal
67 20 history record check of the applicant through the division of
67 21 criminal investigation of the department of public safety,
67 22 submit the applicant's fingerprints to the division for
67 23 submission to the federal bureau of investigation for a
67 24 national criminal history record check, and review the sex
67 25 offender registry information under section 692A.13, the
67 26 central registry for child abuse information established under
67 27 section 235A.14, and the central registry for dependent adult
67 28 abuse information established under section 235B.5 for
67 29 information regarding applicants the applicant for employment
67 30 as a teacher.
67 31	Sec. 104.	Section 282.18, Code 2009, is amended to read as
67 32 follows:
67 33	282.18	OPEN ENROLLMENT.
67 34	1.	a.	It is the goal of the general assembly to permit a
35 wide range of educational choices for children enrolled in
1 schools in this state and to maximize ability to use those
68	2 choices.	It is therefore the intent that this section be
68	3 construed broadly to maximize parental choice and access to
68	4 educational opportunities which are not available to children
68	5 because of where they live.
68	6	b.	For the school year commencing July 1, 1989, and each
68	7 succeeding school year, a parent or guardian residing in a
68	8 school district may enroll the parent's or guardian's child in
68	9 a public school in another school district in the manner
68 10 provided in this section.
68 11	2.	a.	By March 1 of the preceding school year for
68 12 students entering grades one through twelve, or by September 1
68 13 of the current school year for students entering kindergarten,
68 14 the parent or guardian shall send notification to the district
68 15 of residence and the receiving district, on forms prescribed
68 16 by the department of education, that the parent or guardian
68 17 intends to enroll the parent's or guardian's child in a public
68 18 school in another school district.	If a parent or guardian
68 19 fails to file a notification that the parent intends to enroll
68 20 the parent's or guardian's child in a public school in another
68 21 district by the deadline specified in this subsection, the
68 22 procedures of subsection 4 apply.
68 23	b.	The board of the receiving district shall enroll the
68 24 pupil in a school in the receiving district for the following
68 25 school year unless the receiving district does not have
68 26 classroom space for the pupil.	The board of directors of a
68 27 receiving district may adopt a policy granting the
68 28 superintendent of the school district authority to approve
68 29 open enrollment applications.	If the request is granted, the
68 30 board shall transmit a copy of the form to the parent or
68 31 guardian and the school district of residence within five days
68 32 after board action, but not later than June 1 of the preceding
68 33 school year.	The parent or guardian may withdraw the request
68 34 at any time prior to the start of the school year.	A denial
35 of a request by the board of a receiving district is not
1 subject to appeal.
69	2	c.  Every school district shall adopt a policy which
 69  3 defines the term "insufficient classroom space" for that
 69  4 district.
69	5	3.	a.	The superintendent of a district subject to a
69	6 voluntary diversity or court=ordered desegregation plan, as
69	7 recognized by rule of the state board of education, may deny a
69	8 request for transfer under this section if the superintendent
69	9 finds that enrollment or release of a pupil will adversely
69 10 affect the district's implementation of the desegregation
69 11 order or diversity plan, unless the transfer is requested by a
69 12 pupil whose sibling is already participating in open
69 13 enrollment to another district, or unless the request for
69 14 transfer is submitted to the district in a timely manner as
69 15 required under subsection 2 prior to the adoption of a
69 16 desegregation plan by the district.	If a transfer request
69 17 would facilitate a voluntary diversity or court=ordered
69 18 desegregation plan, the district shall give priority to

69 19 granting the request over other requests.
69 20	b.	A parent or guardian, whose request has been denied
69 21 because of a desegregation order or diversity plan, may appeal
69 22 the decision of the superintendent to the board of the
69 23 district in which the request was denied.	The board may
69 24 either uphold or overturn the superintendent's decision.	A
69 25 decision of the board to uphold the denial of the request is
69 26 subject to appeal to the district court in the county in which
69 27 the primary business office of the district is located.	The
69 28 state board of education shall adopt rules establishing
69 29 definitions, guidelines, and a review process for school
69 30 districts that adopt voluntary diversity plans.	The
69 31 guidelines shall include criteria and standards that school
69 32 districts must follow when developing a voluntary diversity
69 33 plan.	The department of education shall provide technical
69 34 assistance to a school district that is seeking to adopt a
35 voluntary diversity plan.	A school district implementing a
1 voluntary diversity plan prior to July 1, 2008, shall have
70	2 until July 1, 2009, to comply with guidelines adopted by the
70	3 state board pursuant to this section.
70	4	c.  The board of directors of a school district subject to
 70  5 voluntary diversity or court=ordered desegregation shall
 70  6 develop a policy for implementation of open enrollment in the
 70  7 district.  The policy shall contain objective criteria for
 70  8 determining when a request would adversely impact the
 70  9 desegregation order or voluntary diversity plan and criteria
 70 10 for prioritizing requests that do not have an adverse impact
 70 11 on the order or plan.
70 12	4.	a.	After March 1 of the preceding school year and
70 13 until the date specified in section 257.6, subsection 1, the
70 14 parent or guardian shall send notification to the district of
70 15 residence and the receiving district, on forms prescribed by
70 16 the department of education, that good cause, as defined in
70 17 paragraph "b", exists for failure to meet the March 1
70 18 deadline.	The board of directors of a receiving school
70 19 district may adopt a policy granting the superintendent of the
70 20 school district authority to approve open enrollment
70 21 applications submitted after the March 1 deadline.	The board
70 22 of the receiving district shall take action to approve the
70 23 request if good cause exists.	If the request is granted, the
70 24 board shall transmit a copy of the form to the parent or
70 25 guardian and the school district of residence within five days
70 26 after board action.	A denial of a request by the board of a
70 27 receiving district is not subject to appeal.
70 28	b.	For purposes of this section, "good cause" means a
70 29 change in a child's residence due to a change in family
70 30 residence, a change in the state in which the family residence
70 31 is located, a change in a child's parents' marital status, a
70 32 guardianship or custody proceeding, placement in foster care,
70 33 adoption, participation in a foreign exchange program, or
70 34 participation in a substance abuse or mental health treatment
35 program, a change in the status of a child's resident district
1 such as removal of accreditation by the state board, surrender
71	2 of accreditation, or permanent closure of a nonpublic school,
71	3 revocation of a charter school contract as provided in section
71	4 256F.8, the failure of negotiations for a whole grade sharing,
71	5 reorganization, dissolution agreement or the rejection of a
71	6 current whole grade sharing agreement, or reorganization plan.
71	7 If the good cause relates to a change in status of a child's
71	8 school district of residence, however, action by a parent or
71	9 guardian must be taken to file the notification within
71 10 forty=five days of the last board action or within thirty days
71 11 of the certification of the election, whichever is applicable
71 12 to the circumstances.
71 13	c.	If a resident district believes that a receiving
71 14 district is violating this subsection, the resident district
71 15 may, within fifteen days after board action by the receiving
71 16 district, submit an appeal to the director of the department
71 17 of education.
71 18	d.	The director, or the director's designee, shall attempt
71 19 to mediate the dispute to reach approval by both boards as
71 20 provided in subsection 16 14.	If approval is not reached
71 21 under mediation, the director or the director's designee shall
71 22 conduct a hearing and shall hear testimony from both boards.
71 23 Within ten days following the hearing, the director shall
71 24 render a decision upholding or reversing the decision by the
71 25 board of the receiving district.	Within five days of the
71 26 director's decision, the board may appeal the decision of the
71 27 director to the state board of education under the procedures
71 28 set forth in chapter 290.
71 29	5.	Open enrollment applications filed after March 1 of the

71 30 preceding school year that do not qualify for good cause as
71 31 provided in subsection 4 shall be subject to the approval of
71 32 the board of the resident district and the board of the
71 33 receiving district.	The parent or guardian shall send
71 34 notification to the district of residence and the receiving
35 district that the parent or guardian seeks to enroll the
1 parent's or guardian's child in the receiving district.	A
72	2 decision of either board to deny an application filed under
72	3 this subsection involving repeated acts of harassment of the
72	4 student or serious health condition of the student that the
72	5 resident district cannot adequately address is subject to
72	6 appeal under section 290.1.	The state board shall exercise
72	7 broad discretion to achieve just and equitable results that
72	8 are in the best interest of the affected child or children.
72	9	6.	A request under this section is for a period of not
72 10 less than one year.	If the request is for more than one year
72 11 and the parent or guardian desires to have the pupil enroll in
72 12 a different district, the parent or guardian may petition the
72 13 current receiving district by March 1 of the previous school
72 14 year for permission to enroll the pupil in a different
72 15 district for a period of not less than one year.	Upon receipt
72 16 of such a request, the current receiving district board may
72 17 act on the request to transfer to the other school district at
72 18 the next regularly scheduled board meeting after the receipt
72 19 of the request.	The new receiving district shall enroll the
72 20 pupil in a school in the district unless there is insufficient
72 21 classroom space in the district or unless enrollment of the
72 22 pupil would adversely affect the court=ordered or voluntary
72 23 desegregation plan of the district.	A denial of a request to
72 24 change district enrollment within the approved period is not
72 25 subject to appeal.	However, a pupil who has been in
72 26 attendance in another district under this section may return
72 27 to the district of residence and enroll at any time, once the
72 28 parent or guardian has notified the district of residence and
72 29 the receiving district in writing of the decision to enroll
72 30 the pupil in the district of residence.
72 31	7.	A pupil participating in open enrollment shall be
72 32 counted, for state school foundation aid purposes, in the
72 33 pupil's district of residence.	A pupil's residence, for
72 34 purposes of this section, means a residence under section
35 282.1.	The board of directors of the district of residence
1 shall pay to the receiving district the state cost per pupil
73	2 for the previous school year, plus any moneys received for the
73	3 pupil as a result of the non=English speaking weighting under
73	4 section 280.4, subsection 3, for the previous school year
73	5 multiplied by the state cost per pupil for the previous year.
73	6 If the pupil participating in open enrollment is also an
73	7 eligible pupil under section 261E.6, the receiving district
73	8 shall pay the tuition reimbursement amount to an eligible
73	9 postsecondary institution as provided in section 261E.7.
73 10	8.	If a request filed under this section is for a child
73 11 requiring special education under chapter 256B, the request to
73 12 transfer to the other district shall only be granted if the
73 13 receiving district maintains a special education instructional
73 14 program which is appropriate to meet the child's educational
73 15 needs and the enrollment of the child in the receiving
73 16 district's program would not cause the size of the class in
73 17 that special education instructional program in the receiving
73 18 district to exceed the maximum class size in rules adopted by
73 19 the state board of education for that program.	For children
73 20 requiring special education, the board of directors of the
73 21 district of residence shall pay to the receiving district the
73 22 actual costs incurred in providing the appropriate special
73 23 education.
73 24	9.	a.	If a parent or guardian of a child, who is
73 25 participating in open enrollment under this section, moves to
73 26 a different school district during the course of either
73 27 district's academic year, the child's first district of
73 28 residence shall be responsible for payment of the cost per
73 29 pupil plus weightings or special education costs to the
73 30 receiving school district for the balance of the school year
73 31 in which the move took place.	The new district of residence
73 32 shall be responsible for the payments during succeeding years.
73 33	b.	If a request to transfer is due to a change in family
73 34 residence, change in the state in which the family residence
35 is located, a change in a child's parents' marital status, a
1 guardianship proceeding, placement in foster care, adoption,
74	2 participation in a foreign exchange program, or participation
74	3 in a substance abuse or mental health treatment program, and
74	4 the child who is the subject of the request is enrolled in any
74	5 grade from kindergarten through grade twelve at the time of

74	6 the request and is not currently using any provision of open
74	7 enrollment, the parent or guardian of the child shall have the
74	8 option to have the child remain in the child's original
74	9 district of residence under open enrollment with no
74 10 interruption in the child's kindergarten through grade twelve
74 11 educational program.	If a parent or guardian exercises this
74 12 option, the child's new district of residence is not required
74 13 to pay the amount calculated in subsection 7 until the start
74 14 of the first full year of enrollment of the child.
74 15	c.	Quarterly payments shall be made to the receiving
74 16 district.
74 17	d.	If the transfer of a pupil from one district to another
74 18 results in a transfer from one area education agency to
74 19 another, the sending district shall forward a copy of the
74 20 request to the sending district's area education agency.	The
74 21 receiving district shall forward a copy of the request to the
74 22 receiving district's area education agency.	Any moneys
74 23 received by the area education agency of the sending district
74 24 for the pupil who is the subject of the request shall be
74 25 forwarded to the receiving district's area education agency.
74 26	e.	A district of residence may apply to the school budget
74 27 review committee if a student was not included in the resident
74 28 district's enrollment count during the fall of the year
74 29 preceding the student's transfer under open enrollment.
74 30	10.	Notwithstanding section 285.1 relating to
74 31 transportation of nonresident pupils, the parent or guardian
74 32 is responsible for transporting the pupil without
74 33 reimbursement to and from a point on a regular school bus
74 34 route of the receiving district.	However, a receiving
35 district may send school vehicles into the district of
1 residence of the pupil using the open enrollment option under
75	2 this section, for the purpose of transporting the pupil to and
75	3 from school in the receiving district, if the boards of both
75	4 the sending and receiving districts agree to this arrangement.
75	5 If the pupil meets the economic eligibility requirements
75	6 established by the department and state board of education,
75	7 the sending district is responsible for providing
75	8 transportation or paying the pro rata cost of the
75	9 transportation to a parent or guardian for transporting the
75 10 pupil to and from a point on a regular school bus route of a
75 11 contiguous receiving district unless the cost of providing
75 12 transportation or the pro rata cost of the transportation to a
75 13 parent or guardian exceeds the average transportation cost per
75 14 pupil transported for the previous school year in the
75 15 district.	If the cost exceeds the average transportation cost
75 16 per pupil transported for the previous school year, the
75 17 sending district shall only be responsible for that average
75 18 per pupil amount.	A sending district which provides
75 19 transportation for a pupil to a contiguous receiving district
75 20 under this subsection may withhold from the district cost per
75 21 pupil amount, that is to be paid to the receiving district, an
75 22 amount which represents the average or pro rata cost per pupil
75 23 for transportation, whichever is less.
75 24	11.  Every school district shall adopt a policy which
 75 25 defines the term "insufficient classroom space" for that
 75 26 district.
75 27	12.  The board of directors of a school district subject to
 75 28 voluntary or court=ordered desegregation shall develop a
 75 29 policy for implementation of open enrollment in the district.
 75 30 The policy shall contain objective criteria for determining
 75 31 when a request would adversely impact the desegregation order
 75 32 or plan and criteria for prioritizing requests that do not
 75 33 have an adverse impact on the order or plan.
75 34	13.	11.	A pupil who participates in open enrollment for
35 purposes of attending a grade in grades nine through twelve in
1 a school district other than the district of residence is
76	2 ineligible to participate in varsity interscholastic athletic
76	3 contests and athletic competitions during the pupil's first
76	4 ninety school days of enrollment in the district except that
76	5 the pupil may participate immediately in a varsity
76	6 interscholastic sport if the pupil is entering grade nine for
76	7 the first time and did not participate in an interscholastic
76	8 athletic competition for another school or school district
76	9 during the summer immediately following eighth grade, if the
76 10 district of residence and the other school district jointly
76 11 participate in the sport, if the sport in which the pupil
76 12 wishes to participate is not offered in the district of
76 13 residence, if the pupil chooses to use open enrollment to
76 14 attend school in another school district because the district
76 15 in which the student previously attended school was dissolved
76 16 and merged with one or more contiguous school districts under

76 17 section 256.11, subsection 12, if the pupil participates in
76 18 open enrollment because the pupil's district of residence has
76 19 entered into a whole grade sharing agreement with another
76 20 district for the pupil's grade, or if the parent or guardian
76 21 of the pupil participating in open enrollment is an active
76 22 member of the armed forces and resides in permanent housing on
76 23 government property provided by a branch of the armed
76 24 services.	A pupil who has paid tuition and attended school,
76 25 or has attended school pursuant to a mutual agreement between
76 26 the two districts, in a district other than the pupil's
76 27 district of residence for at least one school year is also
76 28 eligible to participate immediately in interscholastic
76 29 athletic contests and athletic competitions under this
76 30 section, but only as a member of a team from the district that
76 31 pupil had attended.	For purposes of this subsection, "school
76 32 days of enrollment" does not include enrollment in summer
76 33 school.	For purposes of this subsection, "varsity" means the
76 34 same as defined in section 256.46.
35	14.	12.	If a pupil, for whom a request to transfer has
1 been filed with a district, has been suspended or expelled in
77	2 the district, the pupil shall not be permitted to transfer
77	3 until the pupil has been reinstated in the sending district.
77	4 Once the pupil has been reinstated, however, the pupil shall
77	5 be permitted to transfer in the same manner as if the pupil
77	6 had not been suspended or expelled by the sending district.
77	7 If a pupil, for whom a request to transfer has been filed with
77	8 a district, is expelled in the district, the pupil shall be
77	9 permitted to transfer to a receiving district under this
77 10 section if the pupil applies for and is reinstated in the
77 11 sending district.	However, if the pupil applies for
77 12 reinstatement but is not reinstated in the sending district,
77 13 the receiving district may deny the request to transfer.	The
77 14 decision of the receiving district is not subject to appeal.
77 15	15.	13.	If a request under this section is for transfer
77 16 to a laboratory school, as described in chapter 265, the
77 17 student, who is the subject of the request, shall not be
77 18 included in the basic enrollment of the student's district of
77 19 residence, and the laboratory school shall report the
77 20 enrollment of the student directly to the department of
77 21 education, unless the number of students from the district
77 22 attending the laboratory school during the current school
77 23 year, as a result of open enrollment under this section,
77 24 exceeds the number of students enrolled in the laboratory
77 25 school from that district during the 1989=1990 school year.
77 26 If the number of students enrolled in the laboratory school
77 27 from a district during the current year exceeds the number of
77 28 students enrolled from that district during the 1989=1990
77 29 school year, those students who represent the difference
77 30 between the current and the 1988=1989 school year enrollment
77 31 figures shall be included in the basic enrollment of the
77 32 students' districts of residence and the districts shall
77 33 retain any moneys received as a result of the inclusion of the
77 34 student in the district enrollment.	The total number of
35 students enrolled at a laboratory school during a school year
1 shall not exceed six hundred seventy students.	The regents
78	2 institution operating the laboratory school and the board of
78	3 directors of the school district in the community in which the
78	4 regents institution is located shall develop a student
78	5 transfer policy designed to protect and promote the quality
78	6 and integrity of the teacher education program at the
78	7 laboratory school, the viability of the education program of
78	8 the local school district in which the regents institution is
78	9 located, and to indicate the order in which and reasons why
78 10 requests to transfer to a laboratory school shall be
78 11 considered.	A laboratory school may deny a request for
78 12 transfer under the policy.	A denial of a request to transfer
78 13 under this paragraph is not subject to appeal under section 78 14 290.1.
78 15	16.	14.	An application for open enrollment may be granted
78 16 at any time with approval of the resident and receiving
78 17 districts.
78 18	17.	15.	The director of the department of education shall
78 19 recommend rules to the state board of education for the
78 20 orderly implementation of this section.	The state board shall
78 21 adopt rules as needed for the implementation of this section.
78 22	Sec. 105.	Section 282.26, Code 2009, is amended to read as
78 23 follows:
78 24	282.26	HIGH SCHOOL STUDENTS ATTENDING ADVANCED COURSES.
78 25	1.	The board of any community college may, by mutual
78 26 agreement with any college or university, permit any specially
78 27 qualified high school student to attend advanced courses of

78 28 academic instruction at the college or university.
78 29	2.	The state board of regents and the state board of
78 30 education may by rule permit such students to attend any
78 31 institution of higher learning under their jurisdiction.
78 32 Credit earned in any such course at a college or university
78 33 may be applied toward credit for high school graduation.
78 34 Public school funds shall not be expended for payment of
35 tuition or other costs for such attendance at a college or
1 university, unless the payment is expressly permitted or
79	2 required by law.
79	3	3.	The foregoing provisions Subsections 1 and 2 shall also
79	4 apply to colleges and universities in adjacent states when the
79	5 institutions are located nearer to the homes or schools of the
79	6 school district than the closest college or university within
79	7 the state.
79	8	Sec. 106.	Section 294A.9, subsection 9, Code 2009, is
79	9 amended to read as follows:
79 10	9.	Subsections 2, 3, 4, and 7, and this subsection are
79 11 repealed June 30, 2009.
79 12	Sec. 107.	Section 294A.25, subsection 2, Code 2009, is
79 13 amended to read as follows:
79 14	2.	For the fiscal year beginning July 1, 2009, and for
79 15 each succeeding fiscal year, there is appropriated from the
79 16 general fund of the state to the department of education an
79 17 amount not to exceed fifteen million six hundred thirty=three
79 18 thousand two hundred forty=five dollars.	The moneys shall be
79 19 distributed as provided in this section.
79 20	Sec. 108.	Section 297.10, Code 2009, is amended to read as
79 21 follows:
79 22	297.10	COMPENSATION.
79 23	Any compensation for such the use of a schoolhouse and
 79 24 schoolhouse grounds shall be paid into the general fund and be
79 25 expended in the upkeep and repair of such school property, and
79 26 in purchasing supplies therefor for that school property.
79 27	Sec. 109.	Section 298.3, Code 2009, is amended to read as
79 28 follows:
79 29	298.3	REVENUES FROM THE LEVIES.
79 30	1.	The revenue from the regular and voter=approved
79 31 physical plant and equipment levies shall be placed in the
79 32 physical plant and equipment levy fund and expended only for
79 33 the following purposes:
79 34	1.	a.	The purchase and improvement of grounds.	For the
35 purpose of this subsection paragraph:
1	a.	(1)	"Purchase of grounds" includes the legal costs
80	2 relating to the property acquisition, costs of surveys of the
80	3 property, costs of relocation assistance under state and
80	4 federal law, and other costs incidental to the property
80	5 acquisition.
80	6	b.	(2)	"Improvement of grounds" includes grading,
80	7 landscaping, paving, seeding, and planting of shrubs and
80	8 trees; constructing sidewalks, roadways, retaining walls,
80	9 sewers and storm drains, and installing hydrants; surfacing
80 10 and soil treatment of athletic fields and tennis courts;
80 11 exterior lighting, including athletic fields and tennis
80 12 courts; furnishing and installing flagpoles, gateways, fences,
80 13 and underground storage tanks which are not parts of building
80 14 service systems; demolition work; and special assessments
80 15 against the school district for public improvements, as
80 16 defined in section 384.37.
80 17	2.	b.	The construction of schoolhouses or buildings and
80 18 opening roads to schoolhouses or buildings.
80 19	3.	c.	The purchase, lease, or lease=purchase of a single
80 20 unit of equipment or technology exceeding five hundred dollars
80 21 in value per unit.
80 22	4.	d.	The payment of debts contracted for the erection or
80 23 construction of schoolhouses or buildings, not including
80 24 interest on bonds.
80 25	5.	e.	Procuring or acquisition of library facilities.
80 26	6.	f.	Repairing, remodeling, reconstructing, improving,
80 27 or expanding the schoolhouses or buildings and additions to
80 28 existing schoolhouses.	For the purpose of this paragraph:
80 29	(1)	For the purpose of this subsection, "repairing"
80 30 "Repairing" means restoring an existing structure or thing to
80 31 its original condition, as near as may be, after decay, waste,
80 32 injury, or partial destruction, but does not include
80 33 maintenance; and "reconstructing".
80 34	(2)  "Reconstructing" means rebuilding or restoring as an
35 entity a thing which was lost or destroyed.
1	7.	g.	Expenditures for energy conservation, including
81	2 payments made pursuant to a guarantee furnished by a school
81	3 district entering into a financing agreement for energy

81	4 conservation measures management improvements, limited to
81	5 agreements pursuant to section 473.19, 473.20, or 473.20A.
81	6	8.	h.	The rental of facilities under chapter 28E.
81	7	9.	i.	Purchase of transportation equipment for
81	8 transporting students.
81	9	10.	j.	The purchase of buildings or lease=purchase option
81 10 agreements for school buildings.
81 11	11.	k.	Equipment purchases for recreational purposes.
81 12	12.	l.	Payments to a municipality or other entity as
81 13 required under section 403.19, subsection 2.
81 14	2.	Interest earned on money in the physical plant and
81 15 equipment levy fund may be expended for a purpose listed in
81 16 this section.
81 17	3.	Unencumbered funds collected prior to July 1, 1991,
81 18 from the levy previously authorized under section 297.5, Code
81 19 1991, may be expended for the purposes listed in this section.
81 20	4.	Revenue from the regular and voter=approved physical
81 21 plant and equipment levies shall not be expended for school
81 22 district employee salaries or travel expenses, supplies,
81 23 printing costs or media services, or for any other purpose not
81 24 expressly authorized in this section.
81 25	Sec. 110.	Section 298.18, Code 2009, is amended to read as
81 26 follows:
81 27	298.18	BOND TAX == ELECTION == LEASING BUILDINGS.
81 28	1.  a.	The board of each school corporation shall, when
81 29 estimating and certifying the amount of money required for
81 30 general purposes, estimate and certify to the board of
81 31 supervisors of the proper county for the debt service fund the
81 32 amount required to pay interest due or that may become due for
81 33 the fiscal year beginning July 1, thereafter upon lawful
81 34 bonded indebtedness, and in addition thereto such amount as
35 the board may deem necessary to apply on the principal.
1	b.	The amount estimated and certified to apply on
82	2 principal and interest for any one year shall not exceed two
82	3 dollars and seventy cents per thousand dollars of the assessed
82	4 valuation of the taxable property of the school corporation
82	5 except as hereinafter otherwise provided in this section.
82	6	c.	For the sole purpose of computing the amount of bonds
82	7 which may be issued as a result of the application of any
82	8 limitation referred to in this section, all interest on the
82	9 bonds in excess of that accruing in the first twelve months
82 10 may be excluded from the first annual levy of taxes, so that
82 11 the need for including more than one year's interest in the
82 12 first annual levy of taxes to pay the bonds and interest shall
82 13 not operate to further restrict the amount of bonds which may
82 14 be issued, and in certifying the annual levies to the county
82 15 auditor or auditors such first annual levy of taxes shall be
82 16 sufficient to pay all principal of and interest on said bonds
82 17 becoming due prior to the next succeeding annual levy and the
82 18 full amount of such first annual levy shall be entered for
82 19 collection by said auditor or auditors, as provided in chapter 82 20 76.
82 21	d.	The amount estimated and certified to apply on
82 22 principal and interest for any one year may exceed two dollars
82 23 and seventy cents per thousand dollars of assessed value by
82 24 the amount approved by the voters of the school corporation,
82 25 but not exceeding four dollars and five cents per thousand of
82 26 the assessed value of the taxable property within any school
82 27 corporation, provided that the registered voters of such
82 28 school corporation have first approved such increased amount
82 29 at an election held on a date specified in section 39.2,
82 30 subsection 4, paragraph "c".
82 31	2.	The proposition submitted to the voters at such
82 32 election shall be in substantially the following form:
82 33	Shall the board of directors of the .....	(insert name of
82 34 school corporation) in the County of ......, State of Iowa, be
35 authorized to levy annually a tax exceeding two dollars and
1 seventy cents per thousand dollars, but not exceeding ..
83	2 dollars and ... cents per thousand dollars of the assessed
83	3 value of the taxable property within said school corporation
83	4 to pay the principal of and interest on bonded indebtedness of
83	5 said school corporation, it being understood that the approval
83	6 of this proposition shall not limit the source of payment of
83	7 the bonds and interest but shall only operate to restrict the
83	8 amount of bonds which may be issued?
83	9	3.	Notice of the election shall be given by the county
83 10 commissioner of elections according to section 49.53.	The
83 11 county commissioner of elections shall conduct the election
83 12 pursuant to the provisions of chapters 39 through 53 and
83 13 certify the results to the board of directors.	The
83 14 proposition shall not be deemed carried or adopted unless the

83 15 vote in favor of such proposition is equal to at least sixty
83 16 percent of the total vote cast for and against the proposition
83 17 at the election.	Whenever such a proposition has been
83 18 approved by the voters of a school corporation as hereinbefore
83 19 provided, no further approval of the voters of such school
83 20 corporation shall be required as a result of any subsequent
83 21 change in the boundaries of such school corporation.
83 22	4.	The voted tax levy referred to herein in this section
83 23 shall not limit the source of payment of bonds and interest
83 24 but shall only restrict the amount of bonds which may be
83 25 issued.
83 26	5.  a.	The ability of a school corporation to exceed two
83 27 dollars and seventy cents per thousand dollars of assessed
83 28 value to service principal and interest payments on bonded
83 29 indebtedness is limited and conferred only to those school
83 30 corporations engaged in the administration of elementary and
83 31 secondary education.
83 32	b.	Provided further that if If a school corporation leases
83 33 a building or property, which has been used as a junior
83 34 college by such corporation, to a community college, the
35 annual amounts certified as herein provided by such leasing
1 school corporation for payment of interest and principal due
84	2 on lawful bonded indebtedness incurred by such leasing school
84	3 corporation for purchasing, building, furnishing,
84	4 reconstructing, repairing, improving or remodeling the
84	5 building leased or acquiring or adding to the site of such
84	6 property leased, to the extent of the respective annual rent
84	7 the school corporation will receive under such lease, shall
84	8 not be considered as a part of the total amount estimated and
84	9 certified for the purposes of determining if such amount
84 10 exceeds any limitation contained in this section.
84 11	Sec. 111.	Section 306C.10, Code 2009, is amended by adding
84 12 the following new subsection:
84 13	NEW SUBSECTION.	17A.	"Specific information of interest to
84 14 the traveling public" means only information about public
84 15 places for camping, lodging, eating, and motor fuel and
84 16 associated services, including trade names which have
84 17 telephone facilities available when the public place is open
84 18 for business and businesses engaged in selling motor fuel
84 19 which have free air for tire inflation and restroom facilities
84 20 available when the public place is open for business.
84 21	Sec. 112.	Section 306C.11, subsection 5, Code 2009, is
84 22 amended to read as follows:
84 23	5.	a.	Signs, displays, and devices giving specific
84 24 information of interest to the traveling public, shall be
84 25 erected by the department and maintained within the
84 26 right=of=way in the areas, and at appropriate distances from
84 27 interchanges on the interstate system and freeway primary
84 28 highways as shall conform with the rules adopted by the
84 29 department.	The rules shall be consistent with national
84 30 standards promulgated from time to time or as permitted by the
84 31 appropriate authority of the federal government pursuant to 23
84 32 U.S.C. } 131(f) except as provided in this section.	The rules
84 33 shall include but are not limited to the following:
84 34	a.	(1)	Criteria for eligibility for signing.
35	b.	(2)	Criteria for limiting or excluding businesses that
1 maintain advertising devices that do not conform to the
85	2 requirements of chapter 306B, this division, or other statutes
85	3 or administrative rules regulating outdoor advertising.
85	4	c.	(3)	Provisions for a fee schedule to cover the direct
85	5 and indirect costs of sign erection and maintenance and
85	6 related administrative costs.
85	7	d.	(4)	Provisions for specifying the maximum distance to
85	8 eligible businesses.
85	9	e.	(5)	Provisions specifying the maximum number of signs
85 10 permitted per panel and per interchange.
85 11	f.	(6)	Provisions for determining what businesses are
85 12 signed when there are more applicants than the maximum number
85 13 of signs permitted.
85 14	g.	(7)	Provisions for removing signs when businesses
85 15 cease to meet minimum requirements for participation and
85 16 related costs.
85 17	For purposes of this division, "specific information of
 85 18 interest to the traveling public" means only information about
 85 19 public places for camping, lodging, eating, and motor fuel and
 85 20 associated services, including trade names which have
 85 21 telephone facilities available when the public place is open
 85 22 for business and businesses engaged in selling motor fuel
 85 23 which have free air for tire inflation and restroom facilities
 85 24 available when the public place is open for business.
85 25	b.	Business signs supplied to the department by commercial

85 26 vendors shall be on panels, with dimensional and material
85 27 specifications established by the department.	A business sign
85 28 included under the provisions of this section shall not be
85 29 posted unless it is in compliance with these specifications.
85 30 The commercial vendor shall pay to the department a fee based
85 31 upon the schedule adopted under this subsection for each
85 32 business sign supplied for posting.	Upon furnishing the
85 33 business signs to the department and payment of all fees, the
85 34 department shall post the business signs on eligible specific
35 information panels.	Faded signs shall be replaced and the
1 commercial vendor charged for the cost of replacement based
86	2 upon the fee schedule adopted.	There is created in the office
86	3 of the treasurer of state a fund to be known as the "highway
86	4 beautification fund" and all funds received for the posting on
86	5 specific information panels shall be deposited in the "highway
86	6 beautification fund".	Information on motor fuel and
86	7 associated services may include vehicle service and repair
86	8 where the same is available.
86	9	Sec. 113.	Section 307.21, Code 2009, is amended to read as
86 10 follows:
86 11	307.21	ADMINISTRATIVE SERVICES.
86 12	1.	The department's administrator of administrative
86 13 services shall:
86 14	1.	a.	Provide for the proper maintenance and protection
86 15 of the grounds, buildings, and equipment of the department, in
86 16 cooperation with the department of administrative services.
86 17	2.	b.	Establish, supervise, and maintain a system of
86 18 centralized electronic data processing for the department, in
86 19 cooperation with the department of administrative services.
86 20	3.	c.	Assist the director in preparing the departmental
86 21 budget.
86 22	4.  a.	d.	Provide centralized purchasing services for the
86 23 department, in cooperation with the department of
86 24 administrative services.	The administrator shall, when the
86 25 price is reasonably competitive and the quality as intended,
86 26 purchase soybean=based inks and plastic products with recycled
86 27 content, including but not limited to plastic garbage can
86 28 liners, and shall purchase these items in accordance with the
86 29 schedule established in section 8A.315.	However, the
86 30 administrator need not purchase garbage can liners in
86 31 accordance with the schedule if the liners are utilized by a
86 32 facility approved by the environmental protection commission
86 33 created under section 455A.6, for purposes of recycling.	For
86 34 purposes of this subsection section, "recycled content" means
35 that the content of the product contains a minimum of thirty
1 percent postconsumer material.
87	2	e.  Assist the director in employing the professional,
 87  3 technical, clerical, and secretarial staff for the department
 87  4 and maintain employee records, in cooperation with the
 87  5 department of administrative services and provide personnel
 87  6 services, including but not limited to training, safety
 87  7 education, and employee counseling.
87	8	f.  Assist the director in coordinating the
 87  9 responsibilities and duties of the various divisions within
 87 10 the department.
87 11	g.  Carry out all other general administrative duties for
 87 12 the department.
87 13	h.  Perform such other duties and responsibilities as may
 87 14 be assigned by the director.
87 15	b.	2.	The When performing the duty of providing
 87 16 centralized purchasing services under subsection 1, the
87 17 administrator shall do all of the following:
87 18	(1)	a.	Purchase and use recycled printing and writing
87 19 paper in accordance with the schedule established in section 87 20 8A.315.
87 21	(2)	b.	Establish a wastepaper recycling program in
87 22 accordance with recommendations made by the department of
87 23 natural resources and the requirements of section 8A.329.
87 24	(3)	c.	Require in accordance with section 8A.311 product
87 25 content statements and compliance with requirements regarding
87 26 procurement specifications.
87 27	(4)	d.	Comply with the requirements for the purchase of
87 28 lubricating oils, industrial oils, greases, and hydraulic
87 29 fluids as established pursuant to section 8A.316.
87 30	(5)	e.	Give preference to purchasing designated biobased
87 31 products in the same manner as provided in section 8A.317.
87 32	c.	3.	The department shall report to the general assembly
87 33 by February 1 of each year, the following:
87 34	(1)	a.	A listing of plastic products which are regularly
35 purchased by the board for which recycled content product
1 alternatives are available, including the cost of the plastic

88	2 products purchased and the cost of the recycled content
88	3 product alternatives.
88	4	(2)	b.	Information relating to soybean=based inks and
88	5 plastic garbage can liners with recycled content regularly
88	6 purchased by the department, including the cost of purchasing
88	7 soybean=based inks and plastic garbage can liners with
88	8 recycled content and the percentages of soybean=based inks and
88	9 plastic garbage can liners with recycled content that have
88 10 been purchased.
88 11	d.	4.	A gasoline=powered vehicle purchased by the
88 12 administrator shall not operate on gasoline other than ethanol
88 13 blended gasoline as defined in section 214A.1.	A
88 14 diesel=powered motor vehicle purchased by the administrator
88 15 shall not operate on diesel fuel other than biodiesel fuel as
88 16 defined in section 214A.1, if commercially available.	A
88 17 state=issued credit card shall not be valid to purchase
88 18 gasoline other than ethanol blended gasoline or to purchase
88 19 diesel fuel other than biodiesel fuel, if commercially
88 20 available.	The motor vehicle shall also be affixed with a
88 21 brightly visible sticker which notifies the traveling public
88 22 that the motor vehicle is being operated on ethanol blended
88 23 gasoline or biodiesel fuel, as applicable.	However, the
88 24 sticker is not required to be affixed to an unmarked vehicle
88 25 used for purposes of providing law enforcement or security.
88 26	5.	a.	Of all new passenger vehicles and light pickup
88 27 trucks purchased by the administrator, a minimum of ten
88 28 percent of all such vehicles and trucks purchased shall be
88 29 equipped with engines which utilize alternative methods of
88 30 propulsion, including but not limited to any of the following:
88 31	(1)	A flexible fuel which is any of the following:
88 32	(a)	E=85 gasoline as provided in section 214A.2.
88 33	(b)	B=20 biodiesel blended fuel as provided in section 88 34 214A.2.
35	(c)	A renewable fuel approved by the office of renewable
1 fuels and coproducts pursuant to section 159A.3.
89	2	(2)	Compressed or liquefied natural gas.
89	3	(3)	Propane gas.
89	4	(4)	Solar energy.
89	5	(5)	Electricity.
89	6	b.	The provisions of this subsection do not apply to
89	7 vehicles and trucks purchased and directly used for law
89	8 enforcement or off=road maintenance work.
89	9	6.	The administrator shall, whenever technically feasible,
89 10 purchase and use degradable loose foam packing material
89 11 manufactured from grain starches or other renewable resources,
89 12 unless the cost of the packing material is more than ten
89 13 percent greater than the cost of packing material made from
89 14 nonrenewable resources.	For the purposes of this subsection,
89 15 "packing material" means material, other than an exterior
89 16 packing shell, that is used to stabilize, protect, cushion, or
89 17 brace the contents of a package.
89 18	7.  Assist the director in employing the professional,
 89 19 technical, clerical and secretarial staff for the department
 89 20 and maintain employee records, in cooperation with the
 89 21 department of administrative services and provide personnel
 89 22 services, including but not limited to training, safety
 89 23 education, and employee counseling.
89 24	8.  Assist the director in coordinating the
 89 25 responsibilities and duties of the various divisions within
 89 26 the department.
89 27	9.  Carry out all other general administrative duties for
 89 28 the department.
89 29	10.  Perform such other duties and responsibilities as may
 89 30 be assigned by the director.
89 31	7.	The administrator of administrative services may
89 32 purchase items from the department of administrative services
89 33 and may cooperate with the director of the department of
89 34 administrative services by providing purchasing services for
35 the department of administrative services.
1	Sec. 114.	Section 312.2, Code 2009, is amended to read as
90	2 follows:
90	3	312.2	ALLOCATIONS FROM FUND.
90	4	1.	The treasurer of the state shall, on the first day of
90	5 each month, credit all road use tax funds which have been
90	6 received by the treasurer, to the primary road fund, the
90	7 secondary road fund of the counties, the farm=to=market road
90	8 fund, and the street construction fund of cities in the
90	9 following manner and amounts:
90 10	1.	a.	To the primary road fund, forty=seven and one=half
90 11 percent.
90 12	2.	b.	To the secondary road fund of the counties,

90 13 twenty=four and one=half percent.
90 14	3.	c.	To the farm=to=market road fund, eight percent.
90 15	4.	d.	To the street construction fund of the cities,
90 16 twenty percent.
90 17	5.	2.	The treasurer of state shall before making the
90 18 above allotments in subsection 1 credit annually to the
90 19 highway grade crossing safety fund the sum of seven hundred
90 20 thousand dollars, credit annually from the road use tax fund
90 21 the sum of nine hundred thousand dollars to the highway
90 22 railroad grade crossing surface repair fund, credit monthly to
90 23 the primary road fund the dollars yielded from an allotment of
90 24 sixty=five hundredths of one percent of all road use tax funds
90 25 for the express purpose of carrying out subsection 11 of
90 26 section 307A.2, section 313.4, subsection 2, and section
90 27 307.45, and credit annually to the primary road fund the sum
90 28 of five hundred thousand dollars to be used for paying
90 29 expenses incurred by the state department of transportation
90 30 other than expenses incurred for extensions of primary roads
90 31 in cities.	All unobligated funds provided by this subsection,
90 32 except those funds credited to the highway grade crossing
90 33 safety fund, shall at the end of each year revert to the road
90 34 use tax fund.	Funds in the highway grade crossing safety fund
35 shall not revert to the road use tax fund except to the extent
1 they exceed five hundred thousand dollars at the end of any
91	2 biennium.	The cost of each highway railroad grade crossing
91	3 repair project shall be allocated in the following manner:
91	4	a.	Twenty percent of the project cost shall be paid by the
91	5 railroad company.
91	6	b.	Twenty percent of the project cost shall be paid by the
91	7 highway authority having jurisdiction of the road crossing the
91	8 railroad.
91	9	c.	Sixty percent of the project cost shall be paid from
91 10 the highway railroad grade crossing surface repair fund.
91 11	6.	3.	The treasurer of state shall before making the
91 12 allotments provided for in this section credit monthly to the
91 13 state department of transportation funds sufficient in amount
91 14 to pay the costs of purchasing certificate of title and
91 15 registration forms, and supplies and materials and for the
91 16 cost of prison labor used in manufacturing motor vehicle
91 17 registration plates, decalcomania emblems, and validation
91 18 stickers at the prison industries.
91 19	7.	4.	The treasurer of state, before making the
91 20 allotments provided in this section, shall credit annually to
91 21 the primary road fund from the road use tax fund the sum of
91 22 seven million one hundred thousand dollars.
91 23	8.	5.  a.	The treasurer of state, before making any
91 24 allotments to counties under this section, shall reduce the
91 25 allotment to a county for the secondary road fund by the
91 26 amount by which the total funds that the county transferred or
91 27 provided during the prior fiscal year under section 331.429,
91 28 subsection 1, paragraphs "a", "b", "d", and "e", are less than
91 29 seventy=five percent of the sum of the following:
91 30	a.	(1)	From the general fund of the county, the dollar
91 31 equivalent of a tax of sixteen and seven=eighths cents per
91 32 thousand dollars of assessed value on all taxable property in
91 33 the county.
91 34	b.	(2)	From the rural services fund of the county, the
35 dollar equivalent of a tax of three dollars and three=eighths
1 of a cent per thousand dollars of assessed value on all
92	2 taxable property not located within the corporate limits of a
92	3 city in the county.
92	4	b.	Funds remaining in the secondary road fund of the
92	5 counties due to a reduction of allocations to counties for
92	6 failure to maintain a minimum local tax effort shall be
92	7 reallocated to counties that are not reduced under this
92	8 subsection pursuant to the allocation provisions of section
92	9 312.3, subsection 1, based upon the needs and area of the
92 10 county.	Information necessary to make allocations under this
92 11 subsection shall be provided by the state department of
92 12 transportation or the director of the department of management
92 13 upon request by the treasurer of state.
92 14	9.	6.	The treasurer of state, before making the
92 15 allotments provided for in this section, shall credit annually
92 16 to the living roadway trust fund created under section 314.21
92 17 one hundred fifty thousand dollars from the road use tax fund.
92 18	10.	7.	The treasurer of state, before making the other
92 19 allotments provided for in this section, shall credit annually
92 20 to the primary road fund from the road use tax fund the sum of
92 21 four million four hundred thousand dollars and to the
92 22 farm=to=market road fund from the road use tax fund the sum of
92 23 one million five hundred thousand dollars for partial

92 24 compensation of allowing trucks to operate on the roads of
92 25 this state as provided in section 321.463.
92 26	11.	8.	The treasurer of state, before making the
92 27 allotments provided for in this section, shall credit annually
92 28 to the living roadway trust fund created under section 314.21
92 29 one hundred thousand dollars from the road use tax fund.
92 30	12.	9.	The treasurer of state, before making the
92 31 allotments provided for in this section, shall credit monthly
92 32 from the road use tax fund to the revitalize Iowa's sound
92 33 economy fund, created under section 315.2, the revenue
92 34 accruing to the road use tax fund in the amount equal to the
35 revenues collected under each of the following:
1	a.	From the excise tax on motor fuel and special fuel
93	2 imposed under the tax rate of section 452A.3 except aviation
93	3 gasoline, the amount of excise tax collected from one and
93	4 three=fourths cents per gallon.
93	5	b.	From the excise tax on special fuel for diesel engines,
93	6 the amount of excise tax collected from one and three=fourths
93	7 cents per gallon.
93	8	13.	10.	The treasurer of state, before making the
93	9 allotments provided for in this section, shall credit monthly
93 10 from the road use tax fund to the secondary road fund the
93 11 revenue accruing to the road use tax fund in the amount equal
93 12 to the revenues collected under each of the following:
93 13	a.	From the excise tax on motor fuel and special fuel
93 14 imposed under the tax rate of section 452A.3, except aviation
93 15 gasoline, the amount of excise tax collected from one=fourth
93 16 cent per gallon.
93 17	b.	From the excise tax on special fuel for diesel engines,
93 18 the amount of excise tax collected from one=fourth cent per
93 19 gallon.
93 20	14.	11.	The treasurer of state, before making the
93 21 allotments provided for in this section, shall credit monthly
93 22 from the road use tax fund to the state department of
93 23 transportation for county, city, and state traffic safety
93 24 improvement projects an amount equal to one=half of one
93 25 percent of moneys credited to the road use tax fund.
93 26	15.	12.	a.	The treasurer of state, before making the
93 27 allotments provided for in this section, for the fiscal year
93 28 beginning July 1, 1990, and each succeeding fiscal year, shall
93 29 credit from the road use tax fund two million dollars to the
93 30 county bridge construction fund, which is hereby created.
93 31 Moneys credited to the county bridge construction fund shall
93 32 be allocated to counties by the department for bridge
93 33 construction, reconstruction, replacement, or realignment
93 34 based on needs in accordance with rules adopted by the
35 department.
1	b.	The treasurer of state, before making the allotments
94	2 provided for in this section, for the fiscal year beginning
94	3 July 1, 1990, and each succeeding fiscal year, shall credit
94	4 from the road use tax fund five hundred thousand dollars to
94	5 the city bridge construction fund, which is hereby created.
94	6 Moneys credited to the city bridge construction fund shall be
94	7 allocated to cities by the department for bridge construction
94	8 and reconstruction based on needs in accordance with rules
94	9 adopted by the department.
94 10	16.	13.	The treasurer of state, before making the
94 11 allotments provided for in this section, shall credit annually
94 12 from the road use tax fund to the state department of
94 13 transportation the sum of six hundred fifty thousand dollars
94 14 for the purpose of providing county treasurers with automation
94 15 and telecommunications equipment and support for vehicle
94 16 registration and titling and driver licensing.
94 17 Notwithstanding section 8.33, unobligated funds credited under
94 18 this subsection remaining on June 30 of the fiscal year shall
94 19 not revert but shall remain available for expenditure for
94 20 purposes of this subsection in subsequent fiscal years.
94 21	17.	14.	The treasurer of state, before making the
94 22 allotments provided for in this section, shall credit monthly
94 23 from the road use tax fund to the primary road fund an amount
94 24 equal to ten percent of the revenues collected from the
94 25 operation of section 321.105A, subsection 2, to be used for
94 26 the commercial and industrial highway network.
94 27	18.	15.	a.	The treasurer of state, before making the
94 28 allotments provided for in this section, shall credit monthly
94 29 to the TIME=21 fund created in section 312A.2, an amount equal
94 30 to ten dollars from each fee for issuance of a certificate of
94 31 title collected pursuant to sections 321.20; 321.20A; 321.23;
94 32 321.42; 321.46, other than a title issued for a returned
94 33 vehicle under section 322G.12; section 321.47; and section
94 34 321.109 and an amount equal to eight dollars from each fee

35 collected for issuance of a certificate of title pursuant to
1 section 321.46 for a returned vehicle under section 322G.12
95	2 and from each fee collected for issuance of a salvage
95	3 certificate of title pursuant to section 321.52.
95	4	b.	This subsection is repealed June 30, 2028.
95	5	19.	16.	a.	The treasurer of state, before making the
95	6 allotments provided for in this section, shall credit monthly
95	7 to the TIME=21 fund created in section 312A.2 an amount equal
95	8 to ten dollars from each trailer registration fee collected
95	9 pursuant to section 321.123, subsection 1, paragraph "a",
95 10 subparagraph (1), twenty dollars from each trailer
95 11 registration fee collected pursuant to section 321.123,
95 12 subsection 1, paragraph "a", subparagraph (2), and one=third
95 13 of the amount collected from trailer registration fees
95 14 pursuant to section 321.123, subsection 2.
95 15	b.	This subsection is repealed June 30, 2028.
95 16	20.	17.	a.	The treasurer of state, before making the
95 17 allotments provided for in this section, shall credit annually
95 18 to the TIME=21 fund created in section 312A.2, the revenue
95 19 accruing to the road use tax fund from annual motor vehicle
95 20 registration fees for passenger cars, multipurpose vehicles,
95 21 and motor trucks in excess of three hundred ninety=two million
95 22 dollars annually.
95 23	b.	This subsection is repealed June 30, 2028.
95 24	Sec. 115.	Section 314.2, Code 2009, is amended to read as
95 25 follows:
95 26	314.2	INTEREST IN CONTRACT PROHIBITED.
95 27	No state or county official or employee, elective or
95 28 appointive shall be directly or indirectly interested in any
95 29 contract for the construction, reconstruction, improvement or
95 30 maintenance of any highway, bridge or culvert, or the
95 31 furnishing of materials therefor.	The letting of a contract
95 32 in violation of the foregoing provisions this section shall
95 33 invalidate the contract and such violation shall be a complete
95 34 defense to any action to recover any consideration due or
35 earned under the contract at the time of its termination.
1	Sec. 116.	Section 321.52A, Code 2009, is amended to read
96	2 as follows:
96	3	321.52A	CERTIFICATE OF TITLE SURCHARGE == ALLOCATION OF
96	4 MONEYS.
96	5	In addition to the fee required for the issuance of a
96	6 certificate of title under section 321.20, 321.20A, 321.23,
96	7 321.42, 321.46, 321.47, 321.48, 321.50, or 321.52, a surcharge
96	8 of five dollars shall be required.	Of each surcharge
96	9 collected under those sections, the county treasurer shall
96 10 remit five dollars to the office of treasurer of state for
96 11 deposit as set forth in section 321.145, subsection 2.
96 12	Sec. 117.	Section 321.92, subsection 1, Code 2009, is
96 13 amended to read as follows:
96 14	1.	FRAUDULENT INTENT.
96 15	a.	No person shall with fraudulent intent, deface,
96 16 destroy, or alter the vehicle identification number or
96 17 component part number or other distinguishing number or
96 18 identification mark of a vehicle or component part, including
96 19 a rebuilt identification, nor shall a person place or stamp a
96 20 serial, engine, or other number or mark upon a vehicle or
96 21 component part, except one assigned thereto by the department.
96 22	b.  The year of manufacture of a fence=line feeder, grain
 96 23 cart, or tank wagon manufactured on or after July 1, 2001,
 96 24 shall be permanently made a part of the identification plate
 96 25 on the vehicle.  A person shall not fraudulently alter,
 96 26 deface, or attempt to fraudulently alter or deface the year of
 96 27 manufacture or other product identification number on a
 96 28 fence=line feeder, grain cart, or tank wagon.
96 29	c.	A violation of this provision subsection is a felony
96 30 punishable as provided in section 321.483.
96 31	d.	This subsection does not prohibit the restoration of an
96 32 original vehicle identification number, component part number,
96 33 or other number or mark when the restoration is made by the
96 34 department, nor prevent a manufacturer from placing, in the
35 ordinary course of business, numbers or marks upon vehicles or
1 component parts.
97	2	Sec. 118.	Section 321.231, subsection 5, Code 2009, is
97	3 amended to read as follows:
97	4	5.	The foregoing provisions of this section shall not
97	5 relieve the driver of an authorized emergency vehicle or the
97	6 rider of a police bicycle from the duty to drive or ride with
97	7 due regard for the safety of all persons, nor shall such
97	8 provisions protect the driver or rider from the consequences
97	9 of the driver's or rider's reckless disregard for the safety
97 10 of others.

97 13	321.285	SPEED RESTRICTIONS.
97 14	1.	Any person driving a motor vehicle on a highway shall
97 15 drive the same at a careful and prudent speed not greater than
97 16 nor less than is reasonable and proper, having due regard to
97 17 the traffic, surface, and width of the highway and of any
97 18 other conditions then existing, and no person shall drive any
97 19 vehicle upon a highway at a speed greater than will permit the
97 20 person to bring it to a stop within the assured clear distance
97 21 ahead, such driver having the right to assume, however, that
97 22 all persons using said highway will observe the law.

97 23	2.  a.

The following shall be the lawful speed except as

97 24 Unless otherwise provided by this section, or except as posted
97 25 pursuant to sections 262.68, 321.236, subsection 5, section
97 26 321.288, subsection 6, sections 321.289, 321.290, 321.293,
97 27 321.295, and 461A.36, the following shall be the lawful speed
97 28 and any speed in excess thereof shall be unlawful:
97 29	1.	(1)	Twenty miles per hour in any business district.
97 30	2.	(2)	Twenty=five miles per hour in any residence or
97 31 school district.
97 32	3.	(3)	Forty=five miles per hour in any suburban
97 33 district.
97 34	b.	Each school district as defined in subsection 70 of
35 section 321.1 shall be marked by distinctive signs as provided
1 by the current manual of uniform traffic control devices
98	2 adopted by the department and placed on the highway at the
98	3 limits of such school district.
98	4	4.	3.	Notwithstanding any Unless otherwise provided in
 98  5 this section or by other speed restrictions, the speed limit
98	6 for all vehicular traffic shall be fifty=five miles per hour.
98	7	5.	4.	Reasonable A reasonable and proper speed is
 98  8 required, but not greater than fifty=five miles per hour at
98	9 any time between sunrise and sunset, and not greater than
98 10 fifty miles per hour at any time between sunset and sunrise,
98 11 on secondary roads unless such roads are surfaced with
98 12 concrete or asphalt or a combination of both, in which case
98 13 the speed limits shall be the same as provided in subsection 4
 98 14 of this section 3.	When the board of supervisors of any
98 15 county shall determine upon the basis of an engineering and
98 16 traffic investigation that the speed limit on any secondary
98 17 road is greater than is reasonable and proper under the
98 18 conditions found to exist at any intersection or other place
98 19 or upon any part of a secondary road, the board shall
98 20 determine and declare a reasonable and proper speed limit at
98 21 the intersection or other part of the secondary road.	The
98 22 speed limits as determined by the board of supervisors shall
98 23 be effective when appropriate signs giving notice of the speed
98 24 limits are erected by the board of supervisors at the
98 25 intersection or other place or part of the highway.
98 26	6.	5.	a.	Notwithstanding any other speed restrictions,
98 27 the speed limit for all vehicular traffic on fully
98 28 controlled=access, divided, multilaned highways is sixty=five
98 29 miles per hour.	However, the speed limit for all vehicular
98 30 traffic on highways that are part of the interstate road
98 31 system, as defined in section 306.3, is seventy miles per
98 32 hour.	The department may establish a speed limit of
98 33 sixty=five miles per hour on certain divided, multilaned
98 34 highways not otherwise described in this paragraph.
35	b.	The department, on its own motion or in response to a
1 recommendation of a metropolitan or regional planning
99	2 commission or council of governments, may establish a lower
99	3 speed limit on a highway described in this subsection.
99	4	c.	For the purposes of this subsection, "fully
99	5 controlled=access highway" means a highway that gives
99	6 preference to through traffic by providing access connections
99	7 with selected public roads only and by prohibiting crossings
99	8 at grade or direct private driveway connections.
9	d.	A minimum speed may be established by the department on
99 10 the highways referred to in this subsection if warranted by
99 11 engineering and traffic investigations.
99 12	e.	Any kind of vehicle, implement, or conveyance incapable
99 13 of attaining and maintaining a speed of forty miles per hour
99 14 shall be prohibited from using the interstate road system.
99 15	7.	6.	Notwithstanding any other speed restrictions, a
99 16 self=propelled implement of husbandry equipped with flotation
99 17 tires that is designed to be loaded and operated in the field
99 18 and used exclusively for the application of organic or
99 19 inorganic plant food materials, agricultural limestone, or
99 20 agricultural chemicals shall not be operated on a highway at a
99 21 speed in excess of thirty=five miles per hour.

99 22	Sec. 120.	Section 321.376, subsection 1, Code 2009, is
99 23 amended to read as follows:
99 24	1.	The driver of a school bus shall hold a driver's
99 25 license issued by the department of transportation valid for
99 26 the operation of the school bus and a certificate of
99 27 qualification for operation of a commercial motor vehicle
99 28 issued by a physician or osteopathic physician licensed
99 29 pursuant to chapter 148 or 150A, physician's assistant,
99 30 advanced registered nurse practitioner, or chiropractor or any
99 31 other person identified by federal and state law as authorized
99 32 to perform physical examinations, and shall successfully
99 33 complete an approved course of instruction in accordance with
99 34 subsection 2.	A person holding a temporary restricted license
99 35 issued under chapter 321J shall be prohibited from operating a
1 school bus.	The department of education shall refuse to issue
100	2 an authorization to operate a school bus to any person who,
100	3 after notice and opportunity for hearing, is determined to
100	4 have committed any of the acts proscribed under section
100	5 321.375, subsection 2.	The department of education shall take
100	6 adverse action against any person who, after notice and
100	7 opportunity for hearing, is determined to have committed any
100	8 of the acts proscribed under section 321.375, subsection 2.
100	9 Such action may include a reprimand or warning of the person
100 10 or the suspension or revocation of the person's authorization
100 11 to operate a school bus.	The department of education shall
100 12 recommend, and the state board of education shall adopt under
100 13 chapter 17A, rules and procedures for issuing and suspending
100 14 or revoking authorization to operate a school bus in this
100 15 state.	Rules and procedures adopted shall include, but are
100 16 not limited to, provisions for the revocation or suspension
100 17 of, or refusal to issue, authorization to persons who are
100 18 determined to have committed any of the acts proscribed under
100 19 section 321.375, subsection 2.
100 20	Sec. 121.	Section 321.463, subsection 4, paragraph b, Code
100 21 2009, is amended to read as follows:
100 22	b.	(1)	Notwithstanding any provision of this section to
100 23 the contrary, the weight on any one axle of a fence=line
100 24 feeder, grain cart, or tank wagon operated on the highways of
100 25 this state shall not exceed twenty=four thousand pounds from
100 26 February 1 through May 31 or twenty=eight thousand pounds from
100 27 June 1 through January 31, provided, however, that the maximum
100 28 gross vehicle weight of the fence=line feeder, grain cart, or
100 29 tank wagon shall not exceed ninety=six thousand pounds.
100 30	(2)	Notwithstanding any provision of this section to the
100 31 contrary, a tracked implement of husbandry operated on the
100 32 highways of this state shall not have a maximum gross weight
100 33 in excess of ninety=six thousand pounds.
100 34	(3)	A fence=line feeder, grain cart, tank wagon, or
35 tracked implement of husbandry shall comply with the other
1 provisions of this section and chapter when operated over a
101	2 bridge in this state.	A local authority may issue a special
101	3 permit, based on a statewide standard developed by the
101	4 department, allowing the operation over a bridge within its
101	5 jurisdiction of a fence=line feeder, grain cart, tank wagon,
101	6 or tracked implement of husbandry with a weight in excess of
101	7 the weights allowed under this chapter.
101	8	(2)	(4)	For purposes of this paragraph "b", "highway":
101	9	(a)  "Highway" does not include a bridge.
101 10	(b)	For purposes of this paragraph "b", "fence=line
101 11 "Fence=line feeder, grain cart, or tank wagon" means all of
101 12 the following:
101 13	(a)	(i)	A fence=line feeder, grain cart, or tank wagon
101 14 manufactured on or after July 1, 2001.
101 15	(b)	(ii)	After July 1, 2005, any fence=line feeder, grain
101 16 cart, or tank wagon.
101 17	The year of manufacture of a fence=line feeder, grain cart, 101 18 or tank wagon manufactured on or after July 1, 2001, shall be 101 19 permanently made a part of the identification plate on the
101 20 vehicle.  Fraudulently altering or defacing or attempting to 101 21 fraudulently alter or deface the year of manufacture or other 101 22 product identification number on a fence=line feeder, grain 101 23 cart, or tank wagon is a violation of section 321.92.
101 24	Sec. 122.	Section 321.488, Code 2009, is amended to read
101 25 as follows:
101 26	321.488	PROCEDURE NOT EXCLUSIVE.
101 27	The foregoing provisions of this chapter shall govern all
101 28 peace officers in making arrests without a warrant for
101 29 violations of this chapter for offenses committed in their
101 30 presence, but the procedure prescribed herein shall not be
101 31 exclusive of any other method prescribed by law for the arrest
101 32 and prosecution of a person.

35	321.506	ACTUAL SERVICE WITHIN THIS STATE.
1	The foregoing provisions of this chapter relative to
102	2 service of original notice of suit on nonresidents shall not
102	3 be deemed to prevent actual personal service in this state
102	4 upon the nonresident in the time, manner, form, and under the
102	5 conditions provided for service on residents.
102	6	Sec. 124.	Section 321A.7, Code 2009, is amended to read as
102	7 follows:
102	8	321A.7	DURATION OF SUSPENSION.
102	9	The If a person's license and registration and or
102 10 nonresident's operating privilege has been suspended as
102 11 provided in section 321A.5, that license and registration or 102 12 privilege shall remain so suspended and shall not be renewed
102 13 nor shall any such and a new license or registration shall not
102 14 be issued to such that person until one of the following has 102 15 occurred:
102 16	1.	Such The person shall deposit deposits or there shall 102 17 be is deposited on the person's behalf the security required
102 18 under section 321A.5; or.
102 19	2.	Twelve months have elapsed after such accident,
102 20 provided and the department has not been notified by any party
102 21 to the action or an attorney for any party that an action for
102 22 damages arising out of such accident has been instituted
102 23 within one year from the date of the accident; or.
102 24	3.	Evidence satisfactory to the department has been filed
102 25 with the department of a release from liability, or a final
102 26 adjudication of nonliability, or a warrant for confession of
102 27 judgment, or a duly acknowledged written agreement, in
102 28 accordance with section 321A.6, subsection 4; provided,.  If,
102 29 however, in the event there shall be is any default in the
102 30 payment of any installment under any confession of judgment,
102 31 then, upon notice of such default, the department shall
102 32 forthwith immediately suspend the license and registration or
102 33 nonresident's operating privilege of such person defaulting
102 34 which shall not be restored unless and until the entire amount
35 provided for in said confession of judgment has been paid; and 103  1 provided, further, that in the event.  In addition, if there
2 shall be is any default in the payment of any installment
103	3 under any duly acknowledged written agreement, then, upon
103	4 notice of such default, the department shall forthwith
103	5 immediately suspend the license and registration or
103	6 nonresident's operating privilege of such that person
103	7 defaulting which and the license and registration or
103  8 nonresident's operating privilege shall not be restored unless
103	9 and until one of the following occurs:
103 10	a.	Such person deposits and thereafter maintains security
103 11 as required under section 321A.5 in such amount as the
103 12 department may then determine, or.
103 13	b.	Twelve months have elapsed after such security was
103 14 required, provided and the department has not been notified by
103 15 any party to the action or an attorney for any party that an
103 16 action upon such an agreement has been instituted in a court
103 17 in this state within one year after such security was
103 18 required.
103 19	Sec. 125.	Section 330A.10, Code 2009, is amended to read
103 20 as follows:
103 21	330A.10	FUNDS OF AN AUTHORITY.
103 22	1.	Moneys of an authority shall be paid to the treasurer
103 23 of the authority who shall not commingle said moneys with any
103 24 other moneys, but shall deposit them in a separate account or
103 25 accounts.	The moneys in said accounts shall be paid out on
103 26 check of the treasurer on requisition of the chairperson of
103 27 the authority, or of such other person, or persons, as the
103 28 authority may authorize to make such requisition.
103 29	2.	Notwithstanding the aforementioned provisions
103 30 subsection 1, an authority is hereby authorized, and shall
103 31 have the right, to deposit any of its rates, fees, rentals, or
103 32 other charges, receipts or income with any bank or trust
103 33 company within the state and to deposit the proceeds of any
103 34 bonds issued hereunder with any bank or trust company within
35 the state, all as may be provided in any agreement with the
1 holders of bonds issued hereunder.
104	2	Sec. 126.	Section 331.653, subsection 27, Code 2009, is
104	3 amended to read as follows:
104	4	27.	Give notice of the time and place of making an
104	5 appraisement of unneeded school land as provided in section 104	6 sections 297.17 and 297.28.
104	7	Sec. 127.	Section 335.22, Code 2009, is amended to read as
104	8 follows:

104	
9	
335.22	PRECEDENCE.	
104	10	All issues in any proceedings under the foregoing sections	
104	11	335.18 through 335.21 shall have preference over all other	
104	12	civil actions and proceedings.	
104	13	Sec. 128.	Section 358.8, Code 2009, is amended to read as	
104	14	follows:	
104	15	358.8	EXPENSES AND COSTS OF ELECTION.	
104	16	The election held pursuant to this chapter shall be	
104	17	conducted by the county commissioner of elections.	All	
104	18	expenses incurred in carrying out the foregoing sections 358.4	
104 19 and 358.5 of this chapter, together with the costs of the
104 20 election, as determined by the county commissioner of
104 21 elections, shall be paid by those who will be benefited by the
104 22 proposed sanitary district.	If the district is not
104 23 established, the expenses and costs shall be collected upon
104 24 the bond or bonds of the petitioners.
104 25	Sec. 129.	Section 358C.9, Code 2009, is amended to read as
104 26 follows:
104 27	358C.9	EXPENSES AND COSTS OF ELECTION.
104 28	The election held pursuant to this chapter shall be
104 29 conducted by the county commissioner of elections.	All
104 30 expenses incurred in carrying out the preceding sections of 104 31 this chapter 358C.5 and 358C.6, and the costs of the election,
104 32 as determined by the county commissioner of elections, shall
104 33 be paid by those who will be benefited by the proposed
104 34 district.	If the district is not established, the expenses
35 and costs shall be collected upon the bonds of the
1 petitioners.
105	2	Sec. 130.	Section 364.17, subsection 3, Code 2009, is
105	3 amended to read as follows:
105	4	3.	a.	A city which adopts or is subject to a housing code
105	5 under this section shall adopt enforcement procedures, which
105	6 shall include a program for regular rental inspections, rental
105	7 inspections upon receipt of complaints, and certification of
105	8 inspected rental housing, and may include but are not limited
105	9 to the following:
105 10	a.	(1)	A schedule of civil penalties or criminal fines
105 11 for violations.	A city may charge the owner of housing a late
105 12 payment fee of twenty=five dollars and may add interest of up
105 13 to one and one=half percent per month if a penalty or fine
105 14 imposed under this paragraph subparagraph is not paid within
105 15 thirty days of the date that the penalty or fine is due.	The
105 16 city shall send a notice of the late payment fee to such owner
105 17 by first class mail to the owner's personal or business
105 18 mailing address.	The late payment fee and the interest shall
105 19 not accrue if such owner files an appeal with either the city,
105 20 if the city has established an appeals procedure, or the
105 21 district court.	Any unpaid penalty, fine, fee, or interest
105 22 shall constitute a lien on the real property and may be
105 23 collected in the same manner as a property tax.	However,
105 24 before a lien is filed, the city shall send a notice of intent
105 25 to file a lien to the owner of the housing by first class mail
105 26 to such owner's personal or business mailing address.
105 27	b.	(2)	Authority for the issuance of orders requiring
105 28 violations to be corrected within a reasonable time.
105 29	c.	(3)	Authority for the issuance of citations pursuant
105 30 to sections 805.1 to 805.5 upon a failure to satisfactorily
105 31 remedy a violation.
105 32	d.	(4)	Authority, if other methods have failed, for an
105 33 officer to contract to have work done as necessary to remedy a
105 34 violation, the cost of which shall be assessed to the violator
35 and constitute a lien on the property until paid.
1	e.	(5)	An escrow system for the deposit of rent which
106	2 will be applied to the costs of correcting violations.
106	3	f.	(6)	Mediation of disputes based upon alleged
106	4 violations.
106	5	g.	(7)	Injunctive procedures.
106	6	The enforcement procedures shall be designed to improve 106  7 housing conditions rather than to displace persons from their 106  8 homes.
106	9	h.	(8)	Authority by ordinance to provide that no rent
106 10 shall be recoverable by the owner or lessee of any dwelling
106 11 which does not comply with the housing code adopted by the
106 12 city until such time as the dwelling does comply with the
106 13 housing code adopted by the city.
106 14	b.  The enforcement procedures shall be designed to improve 106 15 housing conditions rather than to displace persons from their 106 16 homes.
106 17	Sec. 131.	Section 384.84, subsection 2, paragraph c, Code
106 18 2009, is amended to read as follows:
106 19	c.	A city utility or enterprise service to a property or

106 20 premises shall not be discontinued unless prior written notice
106 21 is sent, by ordinary mail, to the account holder in whose name
106 22 the delinquent rates or charges were incurred, informing the
106 23 account holder of the nature of the delinquency and affording
106 24 the account holder the opportunity for a hearing prior to
106 25 discontinuance of service.	If the account holder is a tenant,
106 26 and if the owner or landlord of the property or premises has
106 27 made a written request for notice, the notice shall also be
106 28 given to the owner or landlord.
106 29	Sec. 132.	Section 384.84, subsection 3, paragraph c, Code
106 30 2009, is amended to read as follows:
106 31	c.	A lien for a city utility or enterprise service under
106 32 paragraph "a" shall not be certified to the county treasurer
106 33 for collection unless prior written notice of intent to
106 34 certify a lien is given to the account holder in whose name
35 the delinquent rates or charges were incurred at least thirty
1 days prior to certification.	If the account holder is a
107	2 tenant, and if the owner or landlord of the property or 107  3 premises has made a written request for notice, the notice
107	4 shall also be given to the owner or landlord.	The notice
107	5 shall be sent to the appropriate persons by ordinary mail not
107	6 less than thirty days prior to certification of the lien to
107	7 the county treasurer.
107	8	Sec. 133.	Section 414.19, Code 2009, is amended to read as
107	9 follows:
107 10	414.19	PREFERENCE IN TRIAL.
107 11	All issues in any proceedings under the foregoing sections
107 12 414.15 through 414.18 shall have preference over all other
107 13 civil actions and proceedings.
107 14	Sec. 134.	Section 421B.3, subsection 3, paragraph b, Code
107 15 2009, is amended to read as follows:
107 16	b.	Each day the a violation occurs counts as a new
107 17 violation for purposes of this subsection.
107 18	Sec. 135.	Section 422.5, Code 2009, is amended to read as
107 19 follows:
107 20	422.5	TAX IMPOSED == EXCLUSIONS == ALTERNATIVE MINIMUM
107 21 TAX.
107 22	1.	A tax is imposed upon every resident and nonresident of
107 23 the state which tax shall be levied, collected, and paid
107 24 annually upon and with respect to the entire taxable income as
107 25 defined in this division at rates as follows:
107 26	a.	On all taxable income from zero through one thousand
107 27 dollars, thirty=six hundredths of one percent.
107 28	b.	On all taxable income exceeding one thousand dollars
107 29 but not exceeding two thousand dollars, seventy=two hundredths
107 30 of one percent.
107 31	c.	On all taxable income exceeding two thousand dollars
107 32 but not exceeding four thousand dollars, two and forty=three
107 33 hundredths percent.
107 34	d.	On all taxable income exceeding four thousand dollars
35 but not exceeding nine thousand dollars, four and one=half
1 percent.
108	2	e.	On all taxable income exceeding nine thousand dollars
108	3 but not exceeding fifteen thousand dollars, six and twelve
108	4 hundredths percent.
108	5	f.	On all taxable income exceeding fifteen thousand
108	6 dollars but not exceeding twenty thousand dollars, six and
108	7 forty=eight hundredths percent.
108	8	g.	On all taxable income exceeding twenty thousand dollars
108	9 but not exceeding thirty thousand dollars, six and
108 10 eight=tenths percent.
108 11	h.	On all taxable income exceeding thirty thousand dollars
108 12 but not exceeding forty=five thousand dollars, seven and
108 13 ninety=two hundredths percent.
108 14	i.	On all taxable income exceeding forty=five thousand
108 15 dollars, eight and ninety=eight hundredths percent.
108 16	j.	(1)	The tax imposed upon the taxable income of a
108 17 nonresident shall be computed by reducing the amount
108 18 determined pursuant to paragraphs "a" through "i" by the
108 19 amounts of nonrefundable credits under this division and by
108 20 multiplying this resulting amount by a fraction of which the
108 21 nonresident's net income allocated to Iowa, as determined in
108 22 section 422.8, subsection 2, paragraph "a", is the numerator
108 23 and the nonresident's total net income computed under section
108 24 422.7 is the denominator.	This provision also applies to
108 25 individuals who are residents of Iowa for less than the entire
108 26 tax year.
108 27	(2)	(a)	The tax imposed upon the taxable income of a
108 28 resident shareholder in an S corporation which has in effect
108 29 for the tax year an election under subchapter S of the
108 30 Internal Revenue Code and carries on business within and

108 31 without the state may be computed by reducing the amount
108 32 determined pursuant to paragraphs "a" through "i" by the
108 33 amounts of nonrefundable credits under this division and by
108 34 multiplying this resulting amount by a fraction of which the
35 resident's net income allocated to Iowa, as determined in
1 section 422.8, subsection 2, paragraph "b", is the numerator
109	2 and the resident's total net income computed under section
109	3 422.7 is the denominator.	If a resident shareholder has
109	4 elected to take advantage of this subparagraph (2), and for
109	5 the next tax year elects not to take advantage of this
109	6 subparagraph, the resident shareholder shall not reelect to
109	7 take advantage of this subparagraph for the three tax years
109	8 immediately following the first tax year for which the
109	9 shareholder elected not to take advantage of this
109 10 subparagraph, unless the director consents to the reelection.
109 11 This subparagraph also applies to individuals who are
109 12 residents of Iowa for less than the entire tax year.
109 13	(b)	This subparagraph (2) shall not affect the amount of
109 14 the taxpayer's checkoffs under this division, the credits from
109 15 tax provided under this division, and the allocation of these
109 16 credits between spouses if the taxpayers filed separate
109 17 returns or separately on combined returns.
109 18	k.	2.  a.	There is imposed upon every resident and
109 19 nonresident of this state, including estates and trusts, the
109 20 greater of the tax determined in subsection 1, paragraphs "a"
109 21 through "j", or the state alternative minimum tax equal to
109 22 seventy=five percent of the maximum state individual income
109 23 tax rate for the tax year, rounded to the nearest one=tenth of
109 24 one percent, of the state alternative minimum taxable income
109 25 of the taxpayer as computed under this paragraph subsection.
109 26	b.	The state alternative minimum taxable income of a
109 27 taxpayer is equal to the taxpayer's state taxable income, as
109 28 computed with the deductions in section 422.9, with the
109 29 following adjustments:
109 30	(1)	Add items of tax preference included in federal
109 31 alternative minimum taxable income under section 57, except
109 32 subsections (a)(1), (a)(2), and (a)(5), of the Internal
109 33 Revenue Code, make the adjustments included in federal
109 34 alternative minimum taxable income under section 56, except
35 subsections (a)(4), (b)(1)(C)(iii), and (d), of the Internal
1 Revenue Code, and add losses as required by section 58 of the
110	2 Internal Revenue Code.	To the extent that any preference or
110	3 adjustment is determined by an individual's federal adjusted
110	4 gross income, the individual's federal adjusted gross income
110	5 is computed in accordance with section 422.7, subsection 39.
110	6 In the case of an estate or trust, the items of tax
110	7 preference, adjustments, and losses shall be apportioned
110	8 between the estate or trust and the beneficiaries in
110	9 accordance with rules prescribed by the director.
110 10	(2)	Subtract the applicable exemption amount as follows:
110 11	(a)	Seventeen thousand five hundred dollars for a married
110 12 person who files separately or for an estate or trust.
110 13	(b)	Twenty=six thousand dollars for a single person or a
110 14 head of household.
110 15	(c)	Thirty=five thousand dollars for a married couple
110 16 which files a joint return.
110 17	(d)	The exemption amount shall be reduced, but not below
110 18 zero, by an amount equal to twenty=five percent of the amount
110 19 by which the alternative minimum taxable income of the
110 20 taxpayer, computed without regard to the exemption amount in
110 21 this subparagraph (2), exceeds the following:
110 22	(i)	Seventy=five thousand dollars in the case of a
110 23 taxpayer described in subparagraph subdivision division (a).
110 24	(ii)	One hundred twelve thousand five hundred dollars in
110 25 the case of a taxpayer described in subparagraph subdivision
110 26 division (b).
110 27	(iii)	One hundred fifty thousand dollars in the case of a
110 28 taxpayer described in subparagraph subdivision division (c).
110 29	(3)	In the case of a net operating loss computed for a tax
110 30 year beginning after December 31, 1982, which is carried back
110 31 or carried forward to the current taxable year, the net
110 32 operating loss shall be reduced by the amount of the items of
110 33 tax preference arising in such year which was taken into
110 34 account in computing the net operating loss in section 422.9,
35 subsection 3.	The deduction for a net operating loss for a
1 tax year beginning after December 31, 1986, which is carried
111	2 back or carried forward to the current taxable year shall not
111	3 exceed ninety percent of the alternative minimum taxable
111	4 income determined without regard for the net operating loss
111	5 deduction.
111	6	c.	The state alternative minimum tax of a taxpayer whose

111	7	net capital gain deduction includes the gain or loss from the	
111	8	forfeiture of an installment real estate contract, the	
111	9	transfer of real or personal property securing a debt to a	
111	10	creditor in cancellation of that debt, or from the sale or	
111	11	exchange of property as a result of actual notice of	
111	12	foreclosure, where the fair market value of the taxpayer's	
111	13	assets exceeds the taxpayer's liabilities immediately before	
111	14	such forfeiture, transfer, or sale or exchange, shall not be	
111	15	greater than such excess, including any asset transferred	
111	16	within one hundred twenty days prior to such forfeiture,	
111	17	transfer, or sale or exchange.	
111	18	d.	In the case of a resident, including a resident estate	
111	19	or trust, the state's apportioned share of the state	
111	20	alternative minimum tax is one hundred percent of the state	
111	21	alternative minimum tax computed in this subsection 2.	In the	
111	22	case of a resident or part=year resident shareholder in an S	
111	23	corporation which has in effect for the tax year an election	
111	24	under subchapter S of the Internal Revenue Code and carries on	
111	25	business within and without the state, a nonresident,	
111	26	including a nonresident estate or trust, or an individual,	
111	27	estate, or trust that is domiciled in the state for less than	
111	28	the entire tax year, the state's apportioned share of the	
111	29	state alternative minimum tax is the amount of tax computed	
111	30	under this subsection 2, reduced by the applicable credits in	
111	31	sections 422.10 through 422.12 and this result multiplied by a	
111	32	fraction with a numerator of the sum of state net income	
111	33	allocated to Iowa as determined in section 422.8, subsection	
111	34	2, paragraph "a" or "b" as applicable, plus tax preference	
111	35	items, adjustments, and losses under subparagraph (1)	
112	1	attributable to Iowa and with a denominator of the sum of	
112	2	total net income computed under section 422.7 plus all tax	
112	3	preference items, adjustments, and losses under subparagraph	
112	4	(1).	In computing this fraction, those items excludable under	
112	5	subparagraph (1) shall not be used in computing the tax	
112	6	preference items.	Married taxpayers electing to file separate	
112	7	returns or separately on a combined return must allocate the	
112	8	minimum tax computed in this subsection in the proportion that	
112	9	each spouse's respective preference items, adjustments, and	
112	10	losses under subparagraph (1) bear to the combined preference	
112	11	items, adjustments, and losses under subparagraph (1) of both	
112	12	spouses.	
112	13	2.	3.  a.	However, the The tax shall not be imposed on a	
112	14	resident or nonresident whose net income, as defined in	
112	15	section 422.7, is thirteen thousand five hundred dollars or	
112	16	less in the case of married persons filing jointly or filing	
112	17	separately on a combined return, heads of household, and	
112	18	surviving spouses or nine thousand dollars or less in the case	
112	19	of all other persons; but in the event that the payment of tax	
112	20	under this division would reduce the net income to less than	
112	21	thirteen thousand five hundred dollars or nine thousand	
112	22	dollars as applicable, then the tax shall be reduced to that	
112	23	amount which would result in allowing the taxpayer to retain a	
112	24	net income of thirteen thousand five hundred dollars or nine	
112	25	thousand dollars as applicable.	The preceding sentence does	
112	26	not apply to estates or trusts.	For the purpose of this	
112	27	subsection, the entire net income, including any part of the	
112	28	net income not allocated to Iowa, shall be taken into account.	
112	29	For purposes of this subsection, net income includes all	
112	30	amounts of pensions or other retirement income received from	
112	31	any source which is not taxable under this division as a	
112	32	result of the government pension exclusions in section 422.7,	
112	33	or any other state law.	If the combined net income of a	
112	34	husband and wife exceeds thirteen thousand five hundred	
112	35	dollars, neither of them shall receive the benefit of this	
113	1	subsection, and it is immaterial whether they file a joint	
113	2	return or separate returns.	However, if a husband and wife	
113	3	file separate returns and have a combined net income of	
113	4	thirteen thousand five hundred dollars or less, neither spouse	
113	5	shall receive the benefit of this paragraph, if one spouse has	
113	6	a net operating loss and elects to carry back or carry forward	
113	7	the loss as provided in section 422.9, subsection 3.	A person	
113	8	who is claimed as a dependent by another person as defined in	
113	9	section 422.12 shall not receive the benefit of this	
113	10	subsection if the person claiming the dependent has net income	
113	11	exceeding thirteen thousand five hundred dollars or nine	
113	12	thousand dollars as applicable or the person claiming the	
113	13	dependent and the person's spouse have combined net income	
113	14	exceeding thirteen thousand five hundred dollars or nine	
113	15	thousand dollars as applicable.	
113	16	b.	In addition lieu of the computation in subsection 1, 2,	
113 17 or 3, if the married persons', filing jointly or filing

113 18 separately on a combined return, head of household's, or
113 19 surviving spouse's net income exceeds thirteen thousand five
113 20 hundred dollars, the regular tax imposed under this division
113 21 shall be the lesser of the maximum state individual income tax
113 22 rate times the portion of the net income in excess of thirteen
113 23 thousand five hundred dollars or the regular tax liability
113 24 computed without regard to this sentence.	Taxpayers electing
113 25 to file separately shall compute the alternate tax described
113 26 in this paragraph using the total net income of the husband
113 27 and wife.	The alternate tax described in this paragraph does
113 28 not apply if one spouse elects to carry back or carry forward
113 29 the loss as provided in section 422.9, subsection 3.
113 30	2A.	3A.	Reserved.

113 31	2B.	3B.  a.

However, the The tax shall not be imposed on

113 32 a resident or nonresident who is at least sixty=five years old
113 33 on December 31 of the tax year and whose net income, as
113 34 defined in section 422.7, is thirty=two thousand dollars or
35 less in the case of married persons filing jointly or filing
1 separately on a combined return, heads of household, and
114	2 surviving spouses or twenty=four thousand dollars or less in
114	3 the case of all other persons; but in the event that the
114	4 payment of tax under this division would reduce the net income
114	5 to less than thirty=two thousand dollars or twenty=four
114	6 thousand dollars as applicable, then the tax shall be reduced
114	7 to that amount which would result in allowing the taxpayer to
114	8 retain a net income of thirty=two thousand dollars or
114	9 twenty=four thousand dollars as applicable.	The preceding
114 10 sentence does not apply to estates or trusts.	For the purpose
114 11 of this subsection, the entire net income, including any part
114 12 of the net income not allocated to Iowa, shall be taken into
114 13 account.	For purposes of this subsection, net income includes
114 14 all amounts of pensions or other retirement income received
114 15 from any source which is not taxable under this division as a
114 16 result of the government pension exclusions in section 422.7,
114 17 or any other state law.	If the combined net income of a
114 18 husband and wife exceeds thirty=two thousand dollars, neither
114 19 of them shall receive the benefit of this subsection, and it
114 20 is immaterial whether they file a joint return or separate
114 21 returns.	However, if a husband and wife file separate returns
114 22 and have a combined net income of thirty=two thousand dollars
114 23 or less, neither spouse shall receive the benefit of this
114 24 paragraph, if one spouse has a net operating loss and elects
114 25 to carry back or carry forward the loss as provided in section
114 26 422.9, subsection 3.	A person who is claimed as a dependent
114 27 by another person as defined in section 422.12 shall not
114 28 receive the benefit of this subsection if the person claiming
114 29 the dependent has net income exceeding thirty=two thousand
114 30 dollars or twenty=four thousand dollars as applicable or the
114 31 person claiming the dependent and the person's spouse have
114 32 combined net income exceeding thirty=two thousand dollars or
114 33 twenty=four thousand dollars as applicable.
34	b.	In addition lieu of the computation in subsection 1, 2, 114 35 or 3, if the married persons', filing jointly or filing
1 separately on a combined return, head of household's, or
115	2 surviving spouse's net income exceeds thirty=two thousand
115	3 dollars, the regular tax imposed under this division shall be
115	4 the lesser of the maximum state individual income tax rate
115	5 times the portion of the net income in excess of thirty=two
115	6 thousand dollars or the regular tax liability computed without
115	7 regard to this sentence.	Taxpayers electing to file
115	8 separately shall compute the alternate tax described in this
115	9 paragraph using the total net income of the husband and wife.
115 10 The alternate tax described in this paragraph does not apply
115 11 if one spouse elects to carry back or carry forward the loss
115 12 as provided in section 422.9, subsection 3.
115 13	c.	This subsection applies even though one spouse has not
115 14 attained the age of sixty=five, if the other spouse is at
115 15 least sixty=five at the end of the tax year.
115 16	3.	4.	The tax herein levied shall be computed and
115 17 collected as hereinafter provided.
115 18	4.	5.	The provisions of this division shall apply to all
115 19 salaries received by federal officials or employees of the
115 20 United States government as provided for herein.
115 21	5.	6.	Upon determination of the latest cumulative
115 22 inflation factor, the director shall multiply each dollar
115 23 amount set forth in subsection 1, paragraphs "a" through "i"
115 24 of this section by this cumulative inflation factor, shall
115 25 round off the resulting product to the nearest one dollar, and
115 26 shall incorporate the result into the income tax forms and
115 27 instructions for each tax year.
115 28	6.	7.	The state income tax of a taxpayer whose net income

115 29 includes the gain or loss from the forfeiture of an
115 30 installment real estate contract, the transfer of real or
115 31 personal property securing a debt to a creditor in
115 32 cancellation of that debt, or from the sale or exchange of
115 33 property as a result of actual notice of foreclosure where the
115 34 fair market value of the taxpayer's assets exceeds the
35 taxpayer's liabilities immediately before such forfeiture,
1 transfer, or sale or exchange shall not be greater than such
116	2 excess, including any asset transferred within one hundred
116	3 twenty days prior to such forfeiture, transfer, or sale or
116	4 exchange.	For purposes of this subsection, in the case of
116	5 married taxpayers, except in the case of a husband and wife
116	6 who live apart at all times during the tax year, the assets
116	7 and liabilities of both spouses shall be considered in
116	8 determining if the fair market value of the taxpayer's assets
116	9 exceed the taxpayer's liabilities.
116 10	7.	8.	In addition to the other taxes imposed by this
116 11 section, a tax is imposed on the amount of a lump sum
116 12 distribution for which the taxpayer has elected under section
116 13 402(e) of the Internal Revenue Code to be separately taxed for
116 14 federal income tax purposes for the tax year.	The rate of tax
116 15 is equal to twenty=five percent of the separate federal tax
116 16 imposed on the amount of the lump sum distribution.	A
116 17 nonresident is liable for this tax only on that portion of the
116 18 lump sum distribution allocable to Iowa.	The total amount of
116 19 the lump sum distribution subject to separate federal tax
116 20 shall be included in net income for purposes of determining
116 21 eligibility under subsections 2 3 and 2A or 2B 3B, as
116 22 applicable.
116 23	8.	9.	In the case of income derived from the sale or
116 24 exchange of livestock which qualifies under section 451(e) of
116 25 the Internal Revenue Code because of drought, the taxpayer may
116 26 elect to include the income in the taxpayer's net income in
116 27 the tax year following the year of the sale or exchange in
116 28 accordance with rules prescribed by the director.
116 29	9.	10.	If an individual's federal income tax was forgiven
116 30 for a tax year under section 692 of the Internal Revenue Code,
116 31 because the individual was killed while serving in an area
116 32 designated by the president of the United States or the United
116 33 States Congress as a combat zone, the individual was missing
116 34 in action and presumed dead, or the individual was killed
35 outside the United States in a terroristic or military action
1 while the individual was a military or civilian employee of
117	2 the United States, the individual's Iowa income tax is also
117	3 forgiven for the same tax year.

117	5	certain amounts of income that were subject to tax under this	
117	6	division in a prior year and a tax benefit would be allowed	
117	7	under similar circumstances under section 1341 of the Internal	
117	8	Revenue Code, a tax benefit shall be allowed on the Iowa	
117	9	return.	The tax benefit shall be the reduced tax for the	
117	10	current tax year due to the deduction for the repaid income or	
117	11	the reduction in tax for the prior year or years due to	
117	12	exclusion of the repaid income.	The reduction in tax shall	
117	13	qualify as a refundable tax credit on the return for the	
117	14	current year pursuant to rules prescribed by the director.	
117	15	Sec. 136.	Section 422.7, subsection 12, Code 2009, is	
117	16	amended to read as follows:	
117	17	12.	a.	If the adjusted gross income includes income or	
117	18	loss from a small business operated by the taxpayer, an	
117	19	additional deduction shall be allowed in computing the income	
117	20	or loss from the small business if the small business hired	
117	21	for employment in the state during its annual accounting	
117	22	period ending with or during the taxpayer's tax year any of	
117	23	the following:	
117	24	a.	(1)	An individual with a disability domiciled in this	
117	25	state at the time of the hiring who meets any of the following	
117	26	conditions:	
117	27	(1)	(a)	Has a physical or mental impairment which	
117	28	substantially limits one or more major life activities.	
117	29	(2)	(b)	Has a record of that impairment.	
117	30	(3)	(c)	Is regarded as having that impairment.	
117	31	b.	(2)	An individual domiciled in this state at the time	
117	32	of the hiring who meets any of the following conditions:	
117	33	(1)	(a)	Has been convicted of a felony in this or any	
117	34	other state or the District of Columbia.	
117	35	(2)	(b)	Is on parole pursuant to chapter 906.	
118	1	(3)	(c)	Is on probation pursuant to chapter 907, for an	
118	2	offense other than a simple misdemeanor.	
118	3	(4)	(d)	Is in a work release program pursuant to chapter	
118	4	904, division IX.	

4	10.	11.	If a taxpayer repays in the current tax year

5	c.	(3)	An individual, whether or not domiciled in this
118	6 state at the time of the hiring, who is on parole or probation
118	7 and to whom the interstate probation and parole compact under
118	8 section 907A.1, Code 2001, applies, or to whom the interstate
118	9 compact for adult offender supervision under chapter 907B
118 10 applies.
118 11	b.  (1)	The amount of the additional deduction is equal to
118 12 sixty=five percent of the wages paid to individuals, but shall
118 13 not exceed twenty thousand dollars per individual, named in
118 14 paragraphs paragraph "a", "b", and "c" subparagraphs (1), (2), 118 15 and (3) who were hired for the first time by that business
118 16 during the annual accounting period for work done in the
118 17 state.	This additional deduction is allowed for the wages
118 18 paid to those individuals successfully completing a
118 19 probationary period during the twelve months following the
118 20 date of first employment by the business and shall be deducted
118 21 at the close of the annual accounting period.
118 22	(2)	The additional deduction shall not be allowed for
118 23 wages paid to an individual who was hired to replace an
118 24 individual whose employment was terminated within the
118 25 twelve=month period preceding the date of first employment.
118 26 However, if the individual being replaced left employment
118 27 voluntarily without good cause attributable to the employer or
118 28 if the individual was discharged for misconduct in connection
118 29 with the individual's employment as determined by the
118 30 department of workforce development, the additional deduction
118 31 shall be allowed.
118 32	(3)	A taxpayer who is a partner of a partnership or a
118 33 shareholder of a subchapter S corporation, may deduct that
118 34 portion of wages qualified under this subsection paid by the
35 partnership or subchapter S corporation based on the
1 taxpayer's pro rata share of the profits or losses from the
119	2 partnership or subchapter S corporation.
119	3	c.	For purposes of this subsection, "physical:
119	4	(1)  "Physical or mental impairment" means any
119	5 physiological disorder or condition, cosmetic disfigurement,
119	6 or anatomical loss affecting one or more of the body systems
119	7 or any mental or psychological disorder, including mental
119	8 retardation, organic brain syndrome, emotional or mental
119	9 illness and specific learning disabilities.

119 10	(2)  (a)

For purposes of this subsection, "small "Small

119 11 business" means a profit or nonprofit business, including but
119 12 not limited to an individual, partnership, corporation, joint
119 13 venture, association, or cooperative, to which the following
119 14 apply:
119 15	(1)	(i)	It is not an affiliate or subsidiary of a
119 16 business dominant in its field of operation.
119 17	(2)	(ii)	It has twenty or fewer full=time equivalent
119 18 positions and not more than the equivalent of three million
119 19 dollars in annual gross revenues as computed for the preceding
119 20 fiscal year or as the average of the three preceding fiscal
119 21 years.
119 22	(3)	(iii)	It does not include the practice of a
119 23 profession.
119 24	(b)	"Small business" includes an employee=owned business
119 25 which has been an employee=owned business for less than three
119 26 years or which meets the conditions of subparagraphs (1)
119 27 subparagraph division (a), subparagraph subdivisions (i)
119 28 through (3) (iii).
119 29	(c)	For purposes of this definition, "dominant in its
119 30 field of operation" means having more than twenty full=time
119 31 equivalent positions and more than three million dollars in
119 32 annual gross revenues, and "affiliate or subsidiary of a
119 33 business dominant in its field of operation" means a business
119 34 which is at least twenty percent owned by a business dominant
35 in its field of operation, or by partners, officers,
1 directors, majority stockholders, or their equivalents, of a
120	2 business dominant in that field of operation.
120	3	The department may, by resolution, waive any or all of the 120  4 requirements of paragraph "b" in connection with a loan to a 120  5 small business, as defined under applicable federal law and 120  6 regulations that have been enacted or adopted by April 1,
120  7 1983, in which federal assistance, insurance, or guaranties 120  8 are sought.
120	9	Sec. 137.	Section 422.7, subsection 28, paragraph b, Code
120 10 2009, is amended to read as follows:
120 11	b.	The amount of any savings refund or state match
120 12 payments authorized under section 541A.3, subsection 1.
120 13	Sec. 138.	Section 422.7, subsection 43, unnumbered
120 14 paragraph 1, Code 2009, is amended to read as follows:
120 15	A taxpayer may elect not to take the increased expensing

120 16 allowance under section 179 of the Internal Revenue Code, as
120 17 amended by Pub. L. No. 108=27, section 202, in computing
120 18 adjusted gross income for state tax purposes.	If the taxpayer
120 19 does not take the increased expensing allowance under section
120 20 179 of the Internal Revenue Code for state tax purposes, the
120 21 following adjustments shall be made:
120 22	Sec. 139.	Section 422.7, subsection 53, Code 2009, is
120 23 amended to read as follows:
120 24	53.	A taxpayer is allowed to take the increased expensing
120 25 allowance under section 179 of the Internal Revenue Code, as
120 26 amended by Pub. L. No. 110=185, in computing adjusted gross 120 27 income for state tax purposes.
120 28	Sec. 140.	Section 422.12, Code 2009, is amended to read as
120 29 follows:
120 30	422.12	DEDUCTIONS FROM COMPUTED TAX.
120 31	1.  As used in this section:
120 32	a.  "Dependent" has the same meaning as provided by the 120 33 Internal Revenue Code.
34	b.  "Textbooks" means books and other instructional 120 35 materials and equipment used in elementary and secondary
1 schools in teaching only those subjects legally and commonly 121  2 taught in public elementary and secondary schools in this 121  3 state and does not include instructional books and materials 121  4 used in the teaching of religious tenets, doctrines, or
121  5 worship, the purpose of which is to inculcate those tenets, 121  6 doctrines, or worship.  "Textbooks" includes books or
121  7 materials used for extracurricular activities including 121  8 sporting events, musical or dramatic events, speech
121  9 activities, driver's education, or programs of a similar 121 10 nature.
121 11	c.  "Tuition" means any charges for the expenses of 121 12 personnel, buildings, equipment, and materials other than 121 13 textbooks, and other expenses of elementary or secondary
121 14 schools which relate to the teaching only of those subjects 121 15 legally and commonly taught in public elementary and secondary 121 16 schools in this state and which do not relate to the teaching 121 17 of religious tenets, doctrines, or worship, the purpose of  121 18 which is to inculcate those tenets, doctrines, or worship.  121 19 "Tuition" includes those expenses which relate to
121 20 extracurricular activities including sporting events, musical 121 21 or dramatic events, speech activities, driver's education, or 121 22 programs of a similar nature.
121 23	2.	There shall be deducted from but not to exceed the tax,
121 24 after the same shall have been computed as provided in this
121 25 division, the following:
121 26	1.	a.	A personal exemption credit in the following
121 27 amounts:
121 28	a.	(1)	For an estate or trust, a single individual, or a
121 29 married person filing a separate return, forty dollars.
121 30	b.	(2)	For a head of household, or a husband and wife
121 31 filing a joint return, eighty dollars.
121 32	c.	(3)	For each dependent, an additional forty dollars.
121 33 As used in this section, the term "dependent" has the same 121 34 meaning as provided by the Internal Revenue Code.
35	d.	(4)	For a single individual, husband, wife, or head of
1 household, an additional exemption of twenty dollars for each
122	2 of said individuals who has attained the age of sixty=five
122	3 years before the close of the tax year or on the first day
122	4 following the end of the tax year.
122	5	e.	(5)	For a single individual, husband, wife, or head of
122	6 household, an additional exemption of twenty dollars for each
122	7 of said individuals who is blind at the close of the tax year.
122	8 For the purposes of this paragraph subparagraph, an individual
122	9 is blind only if the individual's central visual acuity does
122 10 not exceed twenty=two hundredths in the better eye with
122 11 correcting lenses, or if the individual's visual acuity is
122 12 greater than twenty=two hundredths but is accompanied by a
122 13 limitation in the fields of vision such that the widest
122 14 diameter of the visual field subtends an angle no greater than
122 15 twenty degrees.
122 16	2.	b.	A tuition credit equal to twenty=five percent of
122 17 the first one thousand dollars which the taxpayer has paid to
122 18 others for each dependent in grades kindergarten through
122 19 twelve, for tuition and textbooks of each dependent in
122 20 attending an elementary or secondary school situated in Iowa,
122 21 which school is accredited or approved under section 256.11,
122 22 which is not operated for profit, and which adheres to the
122 23 provisions of the federal Civil Rights Act of 1964 and chapter
122 24 216.	As used in this subsection, "textbooks" means books and 122 25 other instructional materials and equipment used in elementary 122 26 and secondary schools in teaching only those subjects legally

122 27 and commonly taught in public elementary and secondary schools 122 28 in this state and does not include instructional books and  122 29 materials used in the teaching of religious tenets, doctrines, 122 30 or worship, the purpose of which is to inculcate those tenets, 122 31 doctrines, or worship.  "Textbooks" includes books or
122 32 materials used for extracurricular activities including 122 33 sporting events, musical or dramatic events, speech
34 activities, driver's education, or programs of a similar 122 35 nature.	Notwithstanding any other provision, all other
1 credits allowed under this section subsection shall be
123	2 deducted before the tuition credit under this subsection
123	3 paragraph.	The department, when conducting an audit of a
123	4 taxpayer's return, shall also audit the tuition tax credit
123	5 portion of the tax return.
123	6	As used in this subsection, "tuition" means any charges for 123  7 the expenses of personnel, buildings, equipment and materials 123  8 other than textbooks, and other expenses of elementary or
123  9 secondary schools which relate to the teaching only of those 123 10 subjects legally and commonly taught in public elementary and 123 11 secondary schools in this state and which do not relate to the 123 12 teaching of religious tenets, doctrines, or worship, the
123 13 purpose of which is to inculcate those tenets, doctrines, or 123 14 worship.  "Tuition" includes those expenses which relate to 123 15 extracurricular activities including sporting events, musical 123 16 or dramatic events, speech activities, driver's education, or 123 17 programs of a similar nature.
123	18	3.	For the purpose of this section, the determination of	

			

	

123 19 whether an individual is married shall be made in accordance
123 20 with section 7703 of the Internal Revenue Code.
123 21	Sec. 141.	Section 422.35, subsections 6 and 6A, Code 2009,
123 22 are amended to read as follows:
123 23	6.	a.	If the taxpayer is a small business corporation,
123 24 subtract an amount equal to sixty=five percent of the wages
123 25 paid to individuals, but not to exceed twenty thousand dollars
123 26 per individual, named in paragraphs "a", "b", and "c"
123 27 subparagraphs (1), (2), and (3) who were hired for the first
123 28 time by the taxpayer during the tax year for work done in this
123 29 state:
123 30	a.	(1)	An individual with a disability domiciled in this
123 31 state at the time of the hiring who meets any of the following
123 32 conditions:
123 33	(1)	(a)	Has a physical or mental impairment which
123 34 substantially limits one or more major life activities.
35	(2)	(b)	Has a record of that impairment.
1	(3)	(c)	Is regarded as having that impairment.
124	2	b.	(2)	An individual domiciled in this state at the time
124	3 of the hiring who meets any of the following conditions:
124	4	(1)	(a)	Has been convicted of a felony in this or any
124	5 other state or the District of Columbia.
124	6	(2)	(b)	Is on parole pursuant to chapter 906.
124	7	(3)	(c)	Is on probation pursuant to chapter 907, for an
124	8 offense other than a simple misdemeanor.
124	9	(4)	(d)	Is in a work release program pursuant to chapter
124 10 904, division IX.
124 11	c.	(3)	An individual, whether or not domiciled in this
124 12 state at the time of the hiring, who is on parole or probation
124 13 and to whom the interstate probation and parole compact under
124 14 section 907A.1, Code 2001, applies, or to whom the interstate
124 15 compact for adult offender supervision under chapter 907B
124 16 applies.
124 17	b.	This deduction is allowed for the wages paid to the
124 18 individuals successfully completing a probationary period
124 19 named in paragraphs paragraph "a", "b", and "c" subparagraphs 124 20 (1), (2), and (3) during the twelve months following the date
124 21 of first employment by the taxpayer and shall be deducted in
124 22 the tax years when paid.
124 23	c.	For purposes of this subsection, "physical:
124 24	(1)  "Physical or mental impairment" means any
124 25 physiological disorder or condition, cosmetic disfigurement,
124 26 or anatomical loss affecting one or more of the body systems
124 27 or any mental or psychological disorder, including mental
124 28 retardation, organic brain syndrome, emotional or mental
124 29 illness, and specific learning disabilities.

124 30	(2)  (a)

For purposes of this subsection, "small "Small

124 31 business" means a profit or nonprofit business, including but
124 32 not limited to an individual, partnership, corporation, joint
124 33 venture, association, or cooperative, to which the following
124 34 apply:
35	(1)	(i)	It is not an affiliate or subsidiary of a
1 business dominant in its field of operation.
125	2	(2)	(ii)	It has either twenty or fewer full=time

125	3 equivalent positions or not more than the equivalent of three
125	4 million dollars in annual gross revenues as computed for the
125	5 preceding fiscal year or as the average of the three preceding
125	6 fiscal years.
125	7	(3)	(iii)	It does not include the practice of a
125	8 profession.
125	9	(b)	"Small business" includes an employee=owned business
125 10 which has been an employee=owned business for less than three
125 11 years or which meets the conditions of subparagraphs (1) 125 12 through (3) subparagraph division (a), subparagraph
125 13 subdivisions (i) through (iii).
125 14	(c)	For purposes of this definition, "dominant in its
125 15 field of operation" means having more than twenty full=time
125 16 equivalent positions and more than three million dollars in
125 17 annual gross revenues, and "affiliate or subsidiary of a
125 18 business dominant in its field of operation" means a business
125 19 which is at least twenty percent owned by a business dominant
125 20 in its field of operation, or by partners, officers,
125 21 directors, majority stockholders, or their equivalents, of a
125 22 business dominant in that field of operation.
125 23	The department may, by resolution, waive any or all of the 125 24 requirements of paragraph "b" in connection with a loan to a 125 25 small business, as defined under applicable federal law and 125 26 regulations that have been enacted or adopted by April 1,
125 27 1983, in which federal assistance, insurance, or guaranties 125 28 are sought.
125 29	6A.	a.	If the taxpayer is a business corporation and does
125 30 not qualify for the adjustment under subsection 6, subtract an
125 31 amount equal to sixty=five percent of the wages paid to
125 32 individuals, but shall not exceed twenty thousand dollars per
125 33 individual, named in paragraphs "a" and "b" subparagraphs (1) 125 34 and (2) who were hired for the first time by the taxpayer
35 during the tax year for work done in this state:
1	a.	(1)	An individual domiciled in this state at the time
126	2 of the hiring who meets any of the following conditions:
126	3	(1)	(a)	Has been convicted of a felony in this or any
126	4 other state or the District of Columbia.
126	5	(2)	(b)	Is on parole pursuant to chapter 906.
126	6	(3)	(c)	Is on probation pursuant to chapter 907, for an
126	7 offense other than a simple misdemeanor.
126	8	(4)	(d)	Is in a work release program pursuant to chapter
126	9 904, division IX.
126 10	b.	(2)	An individual, whether or not domiciled in this
126 11 state at the time of the hiring, who is on parole or probation
126 12 and to whom the interstate probation and parole compact under
126 13 section 907A.1, Code 2001, applies, or to whom the interstate
126 14 compact for adult offender supervision under chapter 907B
126 15 applies.
126 16	b.	This deduction is allowed for the wages paid to the
126 17 individuals successfully completing a probationary period
126 18 named in paragraphs "a" and "b" paragraph "a", subparagraphs 126 19 (1) and (2) during the twelve months following the date of
126 20 first employment by the taxpayer and shall be deducted in the
126 21 tax years when paid.
126 22	c.	The department shall develop and distribute information
126 23 concerning the deduction available for businesses employing
126 24 persons named in paragraphs "a" and "b" paragraph "a", 126 25 subparagraphs (1) and (2).
126 26	Sec. 142.	Section 422.35, subsection 20, unnumbered
126 27 paragraph 1, Code 2009, is amended to read as follows:
126 28	A taxpayer may elect not to take the increased expensing
126 29 allowance under section 179 of the Internal Revenue Code, as
126 30 amended by Pub. L. No. 108=27, section 202, in computing
126 31 taxable income for state tax purposes.	If the taxpayer does
126 32 not take the increased expensing allowance under section 179
126 33 of the Internal Revenue Code for state tax purposes, the
126 34 following adjustments shall be made:
35	Sec. 143.	Section 422.35, subsection 24, Code 2009, is
1 amended to read as follows:
127	2	24.	A taxpayer is allowed to take the increased expensing
127	3 allowance under section 179 of the Internal Revenue Code, as
127	4 amended by Pub. L. No. 110=185, in computing taxable income 127  5 for state tax purposes.
127	6	Sec. 144.	Section 423.3, subsection 57, unnumbered
127	7 paragraphs 1 and 2, Code 2009, are amended to read as follows:
127	8	The sales price from all sales of food and food
127	9 ingredients.	However, as used in this subsection, "food" does
127 10 a sale of "food and food ingredients" does not include a sale 127 11 of alcoholic beverages, candy, or dietary supplements,; food
127 12 sold through vending machines,; or sales of prepared food,
127 13 soft drinks, and or tobacco.	For the purposes of this

127 14 subsection:
127 15	For the purposes of this subsection:
127 16	Sec. 145.	Section 435.1, subsections 3 through 7, Code
127 17 2009, are amended to read as follows:
127 18	3.	"Manufactured home" means a factory=built structure
127 19 built under authority of 42 U.S.C. } 5403, that is required by
127 20 federal law to display a seal from the United States
127 21 department of housing and urban development, and was
127 22 constructed on or after June 15, 1976.	If a manufactured home 127 23 is placed in a manufactured home community or a mobile home 127 24 park, the home must be titled and is subject to the
127 25 manufactured or mobile home square foot tax.  If a
127 26 manufactured home is placed outside a manufactured home
127 27 community or a mobile home park, the home must be titled and 127 28 is to be assessed and taxed as real estate.
127 29	4.	"Manufactured home community" means the same as
127 30 land=leased community defined in sections 335.30A and 414.28A.
31 The term "manufactured home community" shall not be construed 127 32 to include manufactured or mobile homes, buildings, tents, or 127 33 other structures temporarily maintained by any individual, 127 34 educational institution, or company on their own premises and 127 35 used exclusively to house their own labor or students.
1	5.	"Mobile home" means any vehicle without motive power
128	2 used or so manufactured or constructed as to permit its being
128	3 used as a conveyance upon the public streets and highways and
128	4 so designed, constructed, or reconstructed as will permit the
128	5 vehicle to be used as a place for human habitation by one or
128	6 more persons; but shall also include any such vehicle with
128	7 motive power not registered as a motor vehicle in Iowa.	A
128	8 "mobile home" is not built to a mandatory building code,
128	9 contains no state or federal seals, and was built before June
128 10 15, 1976.	If a mobile home is placed outside a mobile home 128 11 park, the home is to be assessed and taxed as real estate.
128 12	6.	"Mobile home park" means a site, lot, field, or tract
128 13 of land upon which three or more mobile homes or manufactured
128 14 homes, or a combination of any of these homes, are placed on
128 15 developed spaces and operated as a for=profit enterprise with
128 16 water, sewer or septic, and electrical services available.
128 17 The term "mobile home park"
128 18	The term "manufactured home community" or "mobile home
128 19 park" shall not be construed to include manufactured or mobile
128 20 homes, buildings, tents, or other structures temporarily
128 21 maintained by any individual, educational institution, or
128 22 company on their own premises and used exclusively to house
128 23 their own labor or students.
128 24	A manufactured home community or a mobile home park must be 128 25 classified as to whether it is a residential manufactured home 128 26 community or a mobile home park or a recreational manufactured 128 27 home community or a mobile home park or both.  The
128 28 manufactured home communities or mobile home parks residential 128 29 landlord and tenant Act, chapter 562B, only applies to
128 30 residential manufactured home communities or mobile home 128 31 parks.
128 32	7.	"Modular home" means a factory=built structure which is
128 33 manufactured to be used as a place of human habitation, is
128 34 constructed to comply with the Iowa state building code for
35 modular factory=built structures, as adopted pursuant to
1 section 103A.7, and must display the seal issued by the state
129	2 building code commissioner.	If a modular home is placed in a 129  3 manufactured home community or mobile home park, the home is 129  4 subject to the annual tax as required by section 435.22.  If a 129  5 modular home is placed outside a manufactured home community 129  6 or a mobile home park, the home shall be considered real
129  7 property and is to be assessed and taxed as real estate.
129	8	Sec. 146.	NEW SECTION.	435.2	PLACEMENT AND TAXATION.
129	9	1.	If a mobile home is placed outside a mobile home park,
129 10 the home is to be assessed and taxed as real estate.
129 11	2.	If a manufactured home is placed in a manufactured home
129 12 community or a mobile home park, the home must be titled and
129 13 is subject to the manufactured or mobile home square foot tax.
129 14 If a manufactured home is placed outside a manufactured home
129 15 community or a mobile home park, the home must be titled and
129 16 is to be assessed and taxed as real estate.
129 17	3.	If a modular home is placed in a manufactured home
129 18 community or mobile home park, the home is subject to the
129 19 annual tax as required by section 435.22.	If a modular home
129 20 is placed outside a manufactured home community or a mobile
129 21 home park, the home shall be considered real property and is
129 22 to be assessed and taxed as real estate.	This subsection does
129 23 not apply to manufactured home communities or mobile home
129 24 parks in existence on or before January 1, 1998.	If a modular

129 25 home is placed in a manufactured home community or mobile home
129 26 park which was in existence on or before January 1, 1998, that
129 27 modular home shall be subject to property tax pursuant to 129 28 section 435.22.
129 29	Sec. 147.	Section 435.26, subsection 1, paragraph a, Code
129 30 2009, is amended to read as follows:
129 31	a.	A mobile home or manufactured home which is located
129 32 outside a manufactured home community or mobile home park
129 33 shall be converted to real estate by being placed on a
129 34 permanent foundation and shall be assessed for real estate
35 taxes.	A home, after conversion to real estate, is eligible
1 for the homestead tax credit and the military service tax
130	2 exemption as provided in sections 425.2 and 426A.11.	A 130  3 taxable mobile home or manufactured home which is located
130  4 outside of a manufactured home community or mobile home park 130  5 as of January 1, 1995, is also exempt from the permanent  130  6 foundation requirements of this chapter until the home is 130  7 relocated.
130	8	Sec. 148.	Section 437A.3, subsection 29, Code 2009, is
130	9 amended to read as follows:
130 10	29.	"Taxable value" means as defined in section 437A.19,
130 11 subsection 2, paragraph "f" "e".
130 12	Sec. 149.	Section 437A.15, subsection 3, paragraph e, Code
130 13 2009, is amended to read as follows:
130 14	e.	Notwithstanding the provisions of this section, if
130 15 during the tax year a person who was not a taxpayer during the
130 16 prior tax year acquires a new major addition, as defined in
130 17 section 437A.3, subsection 18, paragraph "a", subparagraph
130 18 (4), the replacement tax associated with that major addition
130 19 shall be allocated, for that tax year, under this section in
130 20 accordance with the general allocating formula on the basis of
130 21 the general property tax equivalents established under
130 22 paragraph "a" of this subsection, except that the levy rates
130 23 established and reported to the department of management on or
130 24 before June 30 following the tax year in which the major
130 25 addition was acquired shall be applied to the prorated
130 26 assessed value of the major addition and provided that section 130 27 437A.19, subsection 2, paragraph "b", subparagraph (2), is in 130 28 any event applicable.	For purposes of this paragraph,
130 29 "prorated assessed value of the major addition" means the
130 30 assessed value of the major addition as of January 1 of the
130 31 year following the tax year in which the major addition was
130 32 acquired multiplied by the percentage derived by dividing the
130 33 number of months that the major addition existed during the
130 34 tax year by twelve, counting any portion of a month as a full
35 month.
1	Sec. 150.	Section 437A.19, subsection 2, Code 2009, is
131	2 amended to read as follows:
131	3	2.	a.	Beginning January 1, 1999, the assessed value of
131	4 taxpayer property shall be adjusted annually as provided in
131	5 this section.	The director, with respect to each taxpayer,
131	6 shall do all of the following:
131	7	a.	(1)	Adjust the assessed value of taxpayer property in
131	8 each local taxing district by the change in book value during
131	9 the preceding calendar year of the local amount of any major
131 10 addition reported within such local taxing district.
131 11	b.	(2)	Adjust the assessed value of taxpayer property in
131 12 each local taxing district by allocating the change in book
131 13 value during the preceding calendar year of the statewide
131 14 amount and all other taxpayer property described in subsection
131 15 1, paragraph "a", subparagraph (5), to the assessed value of
131 16 all taxpayer property in the state pro rata according to its
131 17 preadjustment value.	Any value for a taxpayer owning, or
131 18 owning an interest in, a new electric power generating plant
131 19 in excess of a local amount, where such taxpayer owns no other
131 20 taxpayer property in this state, shall not be allocated to any
131 21 local taxing districts.
131 22	c.	(3)	In the case of taxpayer property described in
131 23 subsection 1, paragraph "a", subparagraphs (3), (4), and (7),
131 24 decrease the assessed value of taxpayer property in each local
131 25 taxing district by the assessed value reported within such
131 26 local taxing district.
131 27	d.	(4)	In the event of a merger or consolidation of two
131 28 or more taxpayers, to determine the assessed value of the
131 29 surviving taxpayer, combine the assessed values of such
131 30 taxpayers immediately prior to the merger or consolidation.
131 31	e.	(5)	In the event any taxpayer property is eligible for
131 32 the urban revitalization tax exemption described in chapter
131 33 404, adjust the assessed value of taxpayer property within
131 34 each affected local taxing district to reflect such exemption.
35	f.	(6)	In the event the base year assessed value of

1 taxpayer property is adjusted as a result of taxpayer appeals,
132	2 reduce the assessed value of taxpayer property in each local
132	3 taxing district to reflect such adjustment.	The adjustment
132	4 shall be allocated in proportion to the allocation of the
132	5 taxpayer's assessed value among the local taxing districts
132	6 determined without regard to this adjustment.	An adjustment
132	7 to the base year assessed value of taxpayer property shall be
132	8 made as of January 1 of the year following the date on which
132	9 the adjustment is finally determined.
132 10	b.	In no event shall the adjustments set forth in this
132 11 subsection reduce the assessed value of taxpayer property in
132 12 any local taxing district below zero.
132 13	c.	The director, on or before August 31 of each assessment
132 14 year, shall report to the department of management and to the
132 15 auditor of each county the adjusted assessed value of taxpayer
132 16 property as of January 1 of such assessment year for each
132 17 local taxing district.	For purposes of this subsection, the
132 18 assessed value of taxpayer property in each local taxing
132 19 district subject to adjustment under this section by the
132 20 director means the assessed value of such property as of the
132 21 preceding January 1 as determined and allocated among the
132 22 local taxing districts by the director.
132 23	d.	Nothing in this chapter shall be interpreted to
132 24 authorize local taxing authorities to exclude from the
132 25 calculation of levy rates the taxable value of taxpayer
132 26 property reported to county auditors pursuant to this
132 27 subsection.
132 28	e.	In addition to reporting the assessed values as
132 29 described in this subsection, the director, on or before
132 30 October 31 of each assessment year, shall also report to the
132 31 department of management and to the auditor of each county the
132 32 taxable value of taxpayer property as of January 1 of such
132 33 assessment year for each local taxing district.	For purposes
132 34 of this chapter, "taxable value" means the value for all
35 property subject to the replacement tax annually determined by
1 the director, by dividing the estimated annual replacement tax
133	2 liability for that property by the prior year's consolidated
133	3 taxing district rate for the taxing district where that
133	4 property is located, then multiplying the quotient by one
133	5 thousand.	A taxpayer who paid more than five hundred thousand
133	6 dollars in replacement tax in the previous tax year or who
133	7 believes their replacement tax liability will vary more than
133	8 ten percent from the previous tax year shall report to the
133	9 director by October 1 of the current calendar year, on forms
133 10 prescribed by the director, the estimated replacement tax
133 11 liability that will be attributable to all of the taxpayer's
133 12 property subject to replacement tax for the current tax year.
133 13 The department shall utilize the estimated replacement tax
133 14 liability as reported by the taxpayer or the taxpayer's prior
133 15 year's replacement tax amounts to estimate the current tax
133 16 year's taxable value for that property.	Furthermore, a
133 17 taxpayer who has a new major addition of operating property
133 18 which is put into service for the first time in the current
133 19 calendar year shall report to the director by October 1 of the
133 20 current calendar year, or at the time the major addition is
133 21 put into service, whichever time is later, on forms prescribed
133 22 by the director, the cost of the major addition and, if not
133 23 previously reported, shall report the estimated replacement
133 24 taxes which that asset will generate in the current calendar
133 25 year.	For the purposes of computing the taxable value of
133 26 property in a taxing district, the taxing district's share of
133 27 the estimated replacement tax liability shall be the taxing
133 28 district's percentage share of the "assessed value allocated
133 29 by property tax equivalent" multiplied by the total estimated
133 30 replacement tax.	"Assessed value allocated by property tax
133 31 equivalent" shall be determined by dividing the taxpayer's
133 32 current year assessed valuation in a taxing district by one
133 33 thousand, and then multiplying by the prior year's
133 34 consolidated tax rate.
35	Sec. 151.	Section 450.7, subsection 1, Code 2009, is
1 amended to read as follows:
134	2	1.	Except for the share of the estate passing to the 134  3 surviving spouse, and parents, grandparents,
134  4 great=grandparents, and other lineal ascendants, children 134  5 including legally adopted children and biological children 134  6 entitled to inherit under the laws of this state,
134  7 stepchildren, and grandchildren, great=grandchildren, and
134  8 other lineal descendants, the The tax imposed by this chapter
134	9 is a charge against and a lien upon the estate subject to tax
134 10 under this chapter, and all property of the estate or owned by
134 11 the decedent from the death of the decedent until paid,

134 12 subject to the following limitation limitations:
134 13	a.  The share of the estate passing to the surviving  134 14 spouse, and parents, grandparents, great=grandparents, and 134 15 other lineal ascendants, children including legally adopted
134 16 children and biological children entitled to inherit under the 134 17 laws of this state, stepchildren, and grandchildren,
134 18 great=grandchildren, and other lineal descendants is excluded 134 19 from taxation under this chapter.
134 20	b.	Inheritance taxes owing with respect to a passing of
134 21 property of a deceased person are no longer a lien against the
134 22 property ten years from the date of death of the decedent
134 23 owner regardless of whether the decedent owner died prior to
134 24 or subsequent to July 1, 1995, except to the extent taxes are
134 25 attributable to remainder or deferred interests and are
134 26 deferred in accordance with the provisions of this chapter.
134 27	Sec. 152.	Section 455A.8, subsection 1, Code 2009, is
134 28 amended to read as follows:
134 29	1.	a.	The Brushy creek recreation trails advisory board
134 30 shall be organized within the department and shall be composed

134 31 of ten nine voting members

including the following:  the and

134 32 one ex officio nonvoting member as follows:
134 33	(1)  The director of the department or the director's
34 designee who shall serve as a the nonvoting ex officio member, 134 35 the.
1	(2)  The park employee who is primarily responsible for
135	2 maintenance of the Brushy creek recreation area, a.
135	3	(3)  A member of the state advisory board for preserves
135	4 established under chapter 465C, and seven.
135	5	(4)  Seven persons appointed by the natural resource
135	6 commission.
135	7	b.	The director shall provide the natural resource
135	8 commission with nominations of prospective board members.
135	9 Each person appointed by the natural resource commission must
135 10 actively participate in recreational trail activities such as
135 11 hiking, bicycling, an equestrian sport, or a winter sport at
135 12 the Brushy creek recreation area.	The nine voting members
135 13 shall elect a chairperson at the board's first meeting each
135 14 year.
135 15	Sec. 153.	Section 455B.191, Code 2009, is amended to read
135 16 as follows:
135 17	455B.191	PENALTIES == BURDEN OF PROOF.
135 18	1.  As used in this section, "hazardous substance" means 135 19 hazardous substance as defined in section 455B.381 or section 135 20 455B.411.
135 21	1.	2.	Any person who violates any provision of part 1 of
135 22 division III of this chapter or any permit, rule, standard, or
135 23 order issued under part 1 of division III of this chapter
135 24 shall be subject to a civil penalty not to exceed five
135 25 thousand dollars for each day of such violation.
135 26	2.	3.  a.	Any person who negligently or knowingly
135 27 violates does any of the following shall, upon conviction, be 135 28 punished as provided in paragraph "b" or "c":
135 29	(1)  Violates section 455B.183 or section 455B.186 or any
135 30 condition or limitation included in any permit issued under
135 31 section 455B.183, or who negligently or knowingly introduces.
135 32	(2)  Introduces into a sewer system or into a publicly
135 33 owned treatment works any pollutant or hazardous substance
135 34 which the person knew or reasonably should have known could
35 cause personal injury or property damage or, other than in
1 compliance with all applicable federal and state requirements
136	2 or permits, negligently or knowingly causes.
136	3	(3)  Causes a treatment works to violate any water quality
136	4 standard, effluent standard, pretreatment standard or
136	5 condition of a permit issued to the treatment works pursuant
136	6 to section 455B.183 is guilty of a serious misdemeanor for a 136  7 negligent violation and is guilty of an aggravated misdemeanor 136  8 for a knowing violation.	A conviction for a negligent
136  9 violation is
136 10	b.  (1)  A person who commits a negligent violation under 136 11 this subsection is guilty of a serious misdemeanor punishable
136 12 by a fine of not more than twenty=five thousand dollars for
136 13 each day of violation or by imprisonment for not more than one
136 14 year, or both; however, if.
136 15	(2)  If the conviction is for a second or subsequent
136 16 violation committed by a person under this subsection, the
136 17 conviction is punishable by a fine of not more than fifty
136 18 thousand dollars for each day of violation or by imprisonment
136 19 for not more than two years, or both.

136 20	c.  (1)	A

conviction for a person who commits a knowing

136 21 violation is under this subsection is guilty of an aggravated 136 22 misdemeanor punishable by a fine of not more than fifty

136 23 thousand dollars for each day of violation or by imprisonment
136 24 for not more than two years, or both; however, if.
136 25	(2)  If the conviction is for a second or subsequent
136 26 violation committed by a person under this subsection, the
136 27 conviction is punishable by a fine of not more than one
136 28 hundred thousand dollars for each day of violation or by
136 29 imprisonment for not more than five years, or both.	As used 136 30 in this section, "hazardous substance" means hazardous
136 31 substance as defined in section 455B.381 or section 455B.411.
136 32	3.	4.	Any person who knowingly makes any false statement,
136 33 representation, or certification in any application, record,
136 34 report, plan or other document filed or required to be
35 maintained under part 1 of division III of this chapter, or
1 who falsifies, tampers with or knowingly renders inaccurate
137	2 any monitoring device or method required to be maintained
137	3 under part 1 of division III of this chapter or by any permit,
137	4 rule, regulation, or order issued under part 1 of division III
137	5 of this chapter, shall upon conviction be punished by a fine
137	6 of not more than ten thousand dollars or by imprisonment in
137	7 the county jail for not more than six months or by both such
137	8 fine and imprisonment.
137	9	4.	5.	The attorney general shall, at the request of the
137 10 director with approval of the commission, institute any legal
137 11 proceedings, including an action for an injunction or a
137 12 temporary injunction, necessary to enforce the penalty
137 13 provisions of part 1 of division III of this chapter or to
137 14 obtain compliance with the provisions of part 1 of division
137 15 III of this chapter or any rules promulgated or any provision
137 16 of any permit issued under part 1 of division III of this
137 17 chapter. In any such action, any previous findings of fact of
137 18 the director or the commission after notice and hearing shall
137 19 be conclusive if supported by substantial evidence in the
137 20 record when the record is viewed as a whole.
137 21	5.	6.	In all proceedings with respect to any alleged
137 22 violation of the provisions of this part 1 of division III or
137 23 any rule established by the commission or the department, the
137 24 burden of proof shall be upon the commission or the department
137 25 except in an action for contempt as provided in section 137 26 455B.182.
137 27	6.	7.	If the attorney general has instituted legal
137 28 proceedings in accordance with this section, all related
137 29 issues which could otherwise be raised by the alleged violator
137 30 in a proceeding for judicial review under section 455B.178
137 31 shall be raised in the legal proceedings instituted in
137 32 accordance with this section.
137 33	Sec. 154.	Section 455G.4, subsection 6, Code 2009, is
137 34 amended to read as follows:
35	6.	REPORTING.	Beginning July 2003, the board shall submit
1 a written report quarterly to the legislative council, the
138	2 chairperson and ranking member of the committee on natural 138  3 resources and environment and energy independence in the
138	4 senate, and the chairperson and ranking member of the
138	5 committee on environmental protection in the house of
138	6 representatives regarding changes in the status of the program
138	7 including, but not limited to, the number of open claims by
138	8 claim type; the number of new claims submitted and the
138	9 eligibility status of each claim; a summary of the risk
138 10 classification of open claims; the status of all claims at
138 11 high=risk sites including the number of corrective action
138 12 design reports submitted, approved, and implemented during the
138 13 reporting period; total moneys reserved on open claims and
138 14 total moneys paid on open claims; and a summary of budgets
138 15 approved and invoices paid for high=risk site activities
138 16 including a breakdown by corrective action design report,
138 17 construction and equipment, implementation, operation and
138 18 maintenance, monitoring, over excavation, free product
138 19 recovery, site reclassification, reporting and other expenses,
138 20 or a similar breakdown.	In each report submitted by the
138 21 board, the board shall include an estimated timeline to
138 22 complete corrective action at all currently eligible high=risk
138 23 sites where a corrective action design report has been
138 24 submitted by a claimant and approved during the reporting
138 25 period.	The timeline shall include the projected year when a
138 26 no further action designation will be obtained based upon the
138 27 corrective action activities approved or anticipated at each
138 28 claimant site.	The timeline shall be broken down in annual
138 29 increments with the number or percentage of sites projected to
138 30 be completed for each time period.	The report shall identify
138 31 and report steps taken to expedite corrective action and
138 32 eliminate the state's liability for open claims.
138 33	Sec. 155.	Section 456A.26, Code 2009, is amended to read

138 34 as follows:
35	456A.26	INTERPRETATION AND LIMITATIONS.
1	The foregoing sections Sections 456A.23 through 456A.25
139	2 shall not be construed as authorizing the commission to change
139	3 any penalty for violating any game law or regulation, or
139	4 change the amount of any license established by the
139	5 legislature, or to promulgate any open season on any fish,
139	6 animal or bird contrary to the laws of the state of Iowa, or
139	7 to extend except as provided in this chapter any open season
139	8 or bag limit on any kind of fish, game, fur=bearing animals or
139	9 of any birds prescribed by the laws of the state of Iowa or by
139 10 federal laws or regulations, or to contract any indebtedness
139 11 or obligation beyond the funds to which they are lawfully
139 12 entitled.
139 13	Sec. 156.	Section 461B.8, Code 2009, is amended to read as
139 14 follows:
139 15	461B.8	ACTUAL SERVICE WITHIN THIS STATE.
139 16	The foregoing provisions of this chapter relative to
139 17 service of original notice of suit on nonresidents shall not
139 18 be deemed to prevent actual personal service in this state
139 19 upon the nonresident in the time, manner, form and under the
139 20 conditions provided for service on residents.
139 21	Sec. 157.	Section 476.6, subsection 20, Code 2009, is
139 22 amended by striking the subsection.
139 23	Sec. 158.	Section 483A.27, subsections 1 and 11, Code
139 24 2009, are amended to read as follows:
139 25	1.	A person born after January 1, 1972, shall not obtain a
139 26 hunting license unless the person has satisfactorily completed
139 27 a hunter safety and ethics education course approved by the
139 28 commission.	A person who is eleven years of age or more may
139 29 enroll in an approved hunter safety and ethics education
139 30 course, but a person who is eleven years of age and who has
139 31 successfully completed the course shall be issued a
139 32 certificate of completion which becomes valid on the person's
139 33 twelfth birthday.	A certificate of completion from an
139 34 approved hunter safety and ethics education course issued in
35 this state, or a certificate issued by another state, country,
1 or province for completion of a course that meets the
140	2 standards adopted by the international hunter education
140	3 association, is valid for the requirements of this section.
140	4	11.	An instructor certified by the department shall be
140	5 allowed to conduct a departmental approved department=approved
140	6 hunter safety and ethics education course or shooting sports
140	7 activities course on public school property with the approval
140	8 of a majority of the board of directors of the school
140	9 district.	Conducting an approved hunter safety and ethics
140 10 education course or shooting sports activities course is not a
140 11 violation of any public policy, rule, regulation, resolution,
140 12 or ordinance which prohibits the possession, display, or use
140 13 of a firearm, bow and arrow, or other hunting weapon on public
140 14 school property or other public property in this state.
140 15	Sec. 159.	Section 489.108, subsection 3, unnumbered
140 16 paragraph 1, Code 2009, is amended to read as follows:
140 17	A limited liability company may apply to the secretary of
140 18 state for authorization to use a name that does not comply
140 19 with subsection 2.	The secretary of state shall authorize use
140 20 of the name applied for if, as to each either of the following
140 21 noncomplying names applies:
140 22	Sec. 160.	Section 489.702, subsection 5, paragraph b,
140 23 subparagraph (3), Code 2009, is amended to read as follows:
140 24	(3)	Within a reasonable time following the dissolution a
140 25 person has not been appointed pursuant to subsection 3 4.
140 26	Sec. 161.	Section 489.1203, subsection 10, paragraph a,
140 27 Code 2009, is amended to read as follows:
140 28	a.	Except as otherwise provided in paragraph "b", if a
140 29 member of a member=managed series or manager of a
140 30 manager=managed series consents to a distribution made in
140 31 violation of this section and in consenting to the
140 32 distribution fails to comply with section 489.409, the member
140 33 or manager is personally liable to the series for the amount
140 34 of the distribution that exceeds the amount that could have
35 been distributed without the violation of this section 141	1 489.405.
2	Sec. 162.	Section 489.1203, subsection 11, Code 2009, is
141	3 amended to read as follows:
141	4	11.	A person that receives a distribution knowing that the
141	5 distribution to that person was made in violation of this
141	6 section 489.405 is personally liable to the limited liability
141	7 company but only to the extent that the distribution received
141	8 by the person exceeded the amount that could have been
141	9 properly paid under this section 489.405.

141 10	Sec. 163.	Section 490.831, subsection 1, paragraph a,
141 11 subparagraph (2), Code 2009, is amended to read as follows:
141 12	(2)	The protection afforded by section 490.870 precludes
141 13 does not preclude liability.
141 14	Sec. 164.	Section 496C.14, Code 2009, is amended to read
141 15 as follows:
141 16	496C.14	REQUIRED PURCHASE BY PROFESSIONAL CORPORATION OF
141 17 ITS OWN SHARES.
141 18	1.  a.	Notwithstanding any other statute or rule of law, a
141 19 professional corporation shall purchase its own shares as
141 20 provided in this section; and the shareholders of a
141 21 professional corporation and their executors, administrators,
141 22 legal representatives, and successors in interest shall sell
141 23 and transfer the shares held by them as provided in this
141 24 section.
141 25	b.	The corporation may validly purchase its own shares
141 26 even though its net assets are less than its stated capital,
141 27 or even though by so doing its net assets would be reduced
141 28 below its stated capital.
141 29	c.	Upon the death of a shareholder, the professional
141 30 corporation shall immediately purchase all shares held by the
141 31 deceased shareholder.
141 32	2.	In order to remain a shareholder of a professional
141 33 corporation, a shareholder shall at all times be licensed to
141 34 practice in this state a profession which the corporation is
35 authorized to practice.	Whenever any shareholder does not
1 have or ceases to have this qualification, the corporation
142	2 shall immediately purchase all shares held by that
142	3 shareholder.
142	4	3.	Whenever any person other than the shareholder of
142	5 record becomes entitled to have shares of a corporation
142	6 transferred into that person's name or to exercise voting
142	7 rights, except as a proxy, with respect to shares of the
142	8 corporation, the corporation shall immediately purchase such
142	9 shares.	Without limiting the generality of the foregoing,
142 10 this section shall be applicable whether the event occurs as a
142 11 result of the appointment of a guardian or conservator for a
142 12 shareholder or the shareholder's property, transfer of shares
142 13 by operation of law, involuntary transfer of shares, judicial
142 14 proceedings, execution, levy, bankruptcy proceedings,
142 15 receivership proceedings, foreclosure or enforcement of a
142 16 pledge or encumbrance, or any other situation or occurrence.
142 17 However, this section does not apply to any voluntary transfer
142 18 of shares as defined in this chapter.
142 19	4.	Shares purchased by the corporation under the
142 20 provisions of this section shall be transferred to the
142 21 corporation as of the close of business on the date of the
142 22 death or other event which requires purchase.	The shareholder
142 23 and the shareholder's executors, administrators, legal
142 24 representatives, or successors in interest shall promptly do
142 25 all things which may be necessary or convenient to cause
142 26 transfer to be made as of the transfer date.	However, the
142 27 shares shall promptly be transferred on the stock transfer
142 28 books of the corporation as of the transfer date,
142 29 notwithstanding any delay in transferring or surrendering the
142 30 shares or certificates representing the shares, and the
142 31 transfer shall be valid and effective for all purposes as of
142 32 the close of business on the transfer date.	The purchase
142 33 price for such shares shall be paid as provided in this
142 34 chapter, but the transfer of shares to the corporation as
35 provided in this section shall not be delayed or affected by
1 any delay or default in making payment.
143	2	5.	Notwithstanding the foregoing provisions of this
143  3 section subsections 1 through 4, purchase by the corporation
143	4 is not required upon the occurrence of any event other than
143	5 death of a shareholder if the corporation is dissolved or
143	6 voluntarily elects to adopt the provisions of the Iowa
143	7 business corporation Act, as provided in section 490.1701,
143	8 subsection 2, within sixty days after the occurrence of the
143	9 event.	The articles of incorporation or bylaws may provide
143 10 that purchase is not required upon the death of a shareholder
143 11 if the corporation is dissolved within sixty days after the
143 12 death.	Notwithstanding the foregoing provisions of this  143 13 section subsections 1 through 4, purchase by the corporation
143 14 is not required upon the death of a shareholder if the
143 15 corporation voluntarily elects to adopt the provisions of the
143 16 Iowa business corporation Act, as provided in section
143 17 490.1701, subsection 2, within sixty days after death.
143 18	6.	Unless otherwise provided in the articles of
143 19 incorporation or bylaws or in an agreement among all
143 20 shareholders of the professional corporation:

143 21	1.	a.	The purchase price for shares shall be their book
143 22 value as of the end of the month immediately preceding the
143 23 death or other event which requires purchase.	Book value
143 24 shall be determined from the books and records of the
143 25 professional corporation in accordance with the regular method
143 26 of accounting used by the corporation, uniformly and
143 27 consistently applied.	Adjustments to book value shall be
143 28 made, if necessary, to take into account work in process and
143 29 accounts receivable.	Any final determination of book value
143 30 made in good faith by any independent certified public
143 31 accountant or firm of certified public accountants employed by
143 32 the corporation for the purpose shall be conclusive on all
143 33 persons.
143 34	2.	b.	The purchase price shall be paid in cash as
35 follows:
1	(1)	Upon the death of a shareholder, thirty percent of the
144	2 purchase price shall be paid within ninety days after death,
144	3 and the balance shall be paid in three equal annual
144	4 installments on the first three anniversaries of the death.
144	5	(2)	Upon the happening of any other event referred to in
144	6 this section, one=tenth of the purchase price shall be paid
144	7 within ninety days after the date of such event, and the
144	8 balance shall be paid in three equal annual installments on
144	9 the first three anniversaries of the date of the event.
144 10	3.	c.	Interest from the date of death or other event
144 11 shall be payable annually on principal payment dates, at the
144 12 rate of six percent per annum on the unpaid balance of the
144 13 purchase price.
144 14	4.	d.	All persons who are shareholders of the
144 15 professional corporation on the date of death or other event,
144 16 and their executors, administrators, and legal
144 17 representatives, shall, to the extent the corporation fails to
144 18 meet its obligations hereunder, be jointly liable for the
144 19 payment of the purchase price and interest in proportion to
144 20 their percentage of ownership of the corporation's shares,
144 21 disregarding shares of the deceased or withdrawing
144 22 shareholder.
144 23	5.	e.	The part of the purchase price remaining unpaid
144 24 after the initial payment shall be evidenced by a negotiable
144 25 promissory note, which shall be executed by the corporation
144 26 and all shareholders liable for payment.	Any person liable on
144 27 the note shall have the right to prepay the note in full or in
144 28 part at any time.
144 29	6.	f.	If the person making any payment is not reasonably
144 30 able to determine which of two or more persons is entitled to
144 31 receive a payment, or if the payment is payable to a person
144 32 who is unknown, or who is under disability and there is no
144 33 person legally competent to receive the payment, or who cannot
144 34 be found after the exercise of reasonable diligence by the
35 person making the payment, it shall be deposited with the
1 treasurer of state and shall be subject to the provisions of
145	2 the Iowa business corporation Act, chapter 490, with respect
145	3 to funds deposited with the treasurer of state upon the
145	4 voluntary or involuntary dissolution of a corporation.
145	5	7.	g.	Notwithstanding the provisions of this section, no
145	6 part of the purchase price shall be required to be paid until
145	7 the certificates representing such shares have been
145	8 surrendered to the corporation.
145	9	8.	h.	Notwithstanding the provisions of this section,
145 10 payment of any part of the purchase price for shares of a
145 11 deceased shareholder shall not be required until the executor
145 12 or administrator of the deceased shareholder provides any
145 13 indemnity, release, or other document from any taxing
145 14 authority, which is reasonably necessary to protect the
145 15 corporation against liability for estate, inheritance, and
145 16 death taxes.
145 17	7.	The articles of incorporation or bylaws or an agreement
145 18 among all shareholders of a professional corporation may
145 19 provide for a different purchase price, a different method of
145 20 determining the purchase price, a different interest rate or
145 21 no interest, and other terms, conditions, and schedules of
145 22 payment.
145 23	8.	The articles of incorporation or bylaws or an agreement
145 24 among all shareholders of a professional corporation may
145 25 provide for the optional or mandatory purchase of its own
145 26 shares by the corporation in other situations, subject to any
145 27 applicable law regarding such purchase.
145 28	Sec. 165.	Section 499.36A, subsection 1, Code 2009, is
145 29 amended to read as follows:
145 30	1.	A director shall discharge the duties of the position
31 of director in good faith, in a manner the director reasonably

145	32	believes to be in the best interests of the association, and	
145	33	with the care that a person in a like position would	
145	34	reasonably believe appropriate under similar circumstances.	A	
145	35	person who so performs those duties is not liable by reason of	
146	1	being or having been a director of the cooperative	
146	2	association.	
146	3	Sec. 166.	Section 502.602, subsection 3, unnumbered	
146	4	paragraph 1, Code 2009, is amended to read as follows:	
146	5	If a person does not appear or refuses to testify, file a	
146	6	statement, or produce records, or otherwise does not obey a	
146	7	subpoena as required by the administrator under this chapter,	
146	8	the administrator may apply to the Polk county district court	
146	9	or the district court for the county in which the person	
146	10	resides or is located or a court of another state to enforce	
146	11	compliance.	The court may do any of the following:	
146	12	Sec. 167.	Section 505.8, subsection 7, Code 2009, is	
146	13	amended to read as follows:	
146	14	7.	The commissioner shall have regulatory authority over	
146	15	health benefit plans and adopt rules under chapter 17A as	
146	16	necessary, to promote the uniformity, cost efficiency,	
146	17	transparency, and fairness of such plans for physicians and	
18 osteopathic physicians licensed under chapters chapter 148, 146 19 150, and 150A, and hospitals licensed under chapter 135B, for
146 20 the purpose of maximizing administrative efficiencies and
146 21 minimizing administrative costs of health care providers and
146 22 health insurers.
146 23	Sec. 168.	Section 520.14, Code 2009, is amended to read as
146 24 follows:
146 25	520.14	VIOLATIONS == EXCEPTIONS.
146 26	It shall be unlawful for an attorney to exchange contracts
146 27 of insurance of the kind and character specified in this
146 28 chapter, or for an attorney or representative of the attorney
146 29 to solicit or negotiate any applications for the same without
146 30 the attorney having first complied with the foregoing
146 31 provisions of sections 520.2 through 520.13.	For the purpose
146 32 of organization and upon issuance of permit by the
146 33 commissioner of insurance, powers of attorney and applications
146 34 for such contracts may be solicited without compliance with
35 the provisions of this chapter, but an attorney, agent, or
1 other person shall not make any such contracts of indemnity
147	2 until all of the provisions of this chapter shall have been
147	3 complied with.
147	4	Sec. 169.	Section 541A.3, Code 2009, is amended to read as
147	5 follows:
147	6	541A.3	INDIVIDUAL DEVELOPMENT ACCOUNTS == STATE SAVINGS
147	7 MATCH AND TAX PROVISIONS.
147	8	All of the following state savings match and tax provisions
147	9 shall apply to an individual development account:
147 10	1.	a.	Payment by the state of a state savings match on
147 11 amounts of up to two thousand dollars that an account holder
147 12 deposits in the account holder's account.	To be eligible to
147 13 receive a state savings match an account holder must have a
147 14 household income that is equal to or less than two hundred
147 15 percent of the federal poverty level.
147 16	b.	Moneys transferred to an individual development account
147 17 from another individual development account and a state
147 18 savings match received by the account holder in accordance
147 19 with this section shall not be considered an account holder
147 20 deposit for purposes of determining a state savings match.
147 21	c.	Payment of a state savings match either shall be made
147 22 directly to the account holder or to an operating
147 23 organization's central reserve account for later distribution
147 24 to the account holder in the most appropriate manner as
147 25 determined by the administrator.
147 26	d.	Subject to the limitation in paragraph "a", the state
147 27 savings match shall be equal to one hundred percent of the
147 28 amount deposited by the account holder.	However, the
147 29 administrator may limit, reduce, delay, or otherwise revise
147 30 state savings match payment provisions as necessary to
147 31 restrict the payments to the funding available.
147 32	2.	Income earned by an individual development account is
147 33 not subject to state tax, in accordance with the provisions of
147 34 section 422.7, subsection 28.
35	3.	Amounts transferred between individual development
1 accounts are not subject to state tax.
148	2	4.	The administrator shall coordinate the filing of claims
148	3 for a state savings match authorized under subsection 1,
148	4 between account holders and operating organizations.	Claims
148	5 approved by the administrator may be paid to each account
148	6 holder, for an aggregate amount for distribution to the
148	7 holders of the accounts in a particular financial institution,

148	8 or to an operating organization's central reserve account for
148	9 later distribution to the account holders depending on the
148 10 efficiency for issuing the state savings match payments.
148 11 Claims shall be initially filed with the administrator on or
148 12 before a date established by the administrator.	Claims
148 13 approved by the administrator shall be paid from the
148 14 individual development account state savings match fund.
148 15	Sec. 170.	Section 554.10103, Code 2009, is amended to read
148 16 as follows:
148 17	554.10103	GENERAL REPEALER.
148 18	Except as provided in the following section 554.7103, all
148 19 acts and parts of acts inconsistent with this chapter are
148 20 hereby repealed.
148 21	Sec. 171.	Section 556F.17, Code 2009, is amended to read
148 22 as follows:
148 23	556F.17	PENALTY FOR SELLING.
148 24	If any person shall trade, sell, loan, or take out of the
148 25 limits of this state any such property taken up or found as
148 26 aforesaid provided in this chapter, before the person shall be
148 27 vested with the right to the same according to the foregoing 148 28 provisions property, the person shall forfeit and pay double
148 29 the value thereof, to be recovered by any person in an action,
148 30 one half of which shall go to the plaintiff and the other half
148 31 to the county.
148 32	Sec. 172.	Section 602.10111, Code 2009, is amended to read
148 33 as follows:
148 34	602.10111	NONRESIDENT ATTORNEY == APPOINTMENT OF LOCAL
35 ATTORNEY.
1	Any member of the bar of another state, actually engaged in
149	2 any cause or matter pending in any court of this state, may be
149	3 permitted by such court to appear in and conduct such cause or
149	4 matter while retaining the attorney's residence in another
149	5 state, without being subject to the foregoing provisions of
149	6 this article; provided that at the time the attorney enters an
149	7 appearance the attorney files with the clerk of such court the
149	8 written appointment of some attorney resident and admitted to
149	9 practice in the state of Iowa, upon whom service may be had in
149 10 all matters connected with said action, with the same effect
149 11 as if personally made on such foreign attorney within this
149 12 state. In case of failure to make such appointment, such
149 13 attorney shall not be permitted to practice as aforesaid
149 14 provided in this section, and all papers filed by the attorney
149 15 shall be stricken from the files.
149 16	Sec. 173.	Section 692.18, Code 2009, is amended to read as
149 17 follows:
149 18	692.18	PUBLIC RECORDS.
149 19	1.	Nothing in this chapter shall prohibit the public from
149 20 examining and copying the public records of any public body or
149 21 agency as authorized by chapter 22.
149 22	2.	Intelligence data in the possession of a criminal or
149 23 juvenile justice agency, state or federal regulatory agency,
149 24 or peace officer, or disseminated by such agency or peace
149 25 officer, are not public confidential records within the
149 26 provisions of chapter 22 under section 22.7, subsection 55.
149 27	Sec. 174.	Section 707.7, Code 2009, is amended to read as
149 28 follows:
149 29	707.7	FETICIDE.
149 30	1.	Any person who intentionally terminates a human
149 31 pregnancy, with the knowledge and voluntary consent of the
149 32 pregnant person, after the end of the second trimester of the
149 33 pregnancy where death of the fetus results commits feticide.
149 34 Feticide is a class "C" felony.
35	2.	Any person who attempts to intentionally terminate a
1 human pregnancy, with the knowledge and voluntary consent of
150	2 the pregnant person, after the end of the second trimester of
150	3 the pregnancy where death of the fetus does not result commits
150	4 attempted feticide.	Attempted feticide is a class "D" felony.
150	5	This section shall not apply to the termination of a human 150  6 pregnancy performed by a physician licensed in this state to 150  7 practice medicine or surgery when in the best clinical
150  8 judgment of the physician the termination is performed to 150  9 preserve the life or health of the pregnant person or of the 150 10 fetus and every reasonable medical effort not inconsistent 150 11 with preserving the life of the pregnant person is made to 150 12 preserve the life of a viable fetus.
150 13	3.	Any person who terminates a human pregnancy, with the
150 14 knowledge and voluntary consent of the pregnant person, who is
150 15 not a person licensed to practice medicine and surgery or 150 16 osteopathic medicine and surgery under the provisions of
150 17 chapter 148, or an osteopathic physician and surgeon licensed 150 18 to practice osteopathic medicine and surgery under the

150 19 provisions of chapter 150A, commits a class "C" felony.
150 20	4.  This section shall not apply to the termination of a 150 21 human pregnancy performed by a physician licensed in this  150 22 state to practice medicine or surgery or osteopathic medicine
150 23 or surgery when in the best clinical judgment of the physician 150 24 the termination is performed to preserve the life or health of 150 25 the pregnant person or of the fetus and every reasonable
150 26 medical effort not inconsistent with preserving the life of 150 27 the pregnant person is made to preserve the life of a viable 150 28 fetus.
150 29	Sec. 175.	Section 709.22, subsection 1, paragraph c,
150 30 unnumbered paragraph 1, Code 2009, is amended to read as
150 31 follows:
150 32	Providing a victim with immediate and adequate notice of
150 33 the victim's rights.	The notice shall consist of handing the
34 victim a document that includes the telephone numbers of 150 35 shelters, support groups, and crisis lines operating in the
1 area and contains a copy of the following statement written in
151	2 English and Spanish,; asking the victim to read the
151	3 statement,; and asking whether the victim understands the
151	4 rights:
151	5	Sec. 176.	Section 709.22, subsection 1, paragraph d, Code
151	6 2009, is amended by striking the paragraph.
151	7	Sec. 177.	Section 714.8, subsection 18, Code 2009, is
151	8 amended to read as follows:
151	9	18.	a.	Manufactures, creates, reproduces, alters,
151 10 possesses, uses, transfers, or otherwise knowingly contributes
151 11 to the production or use of a fraudulent retail sales receipt
151 12 or universal price product code label with intent to defraud
151 13 another person engaged in the business of retailing.
151 14	b.	For purposes of this subsection:
151 15	a.	(1)	"Retail sales receipt" means a document intended
151 16 to evidence payment for goods or services.
151 17	b.	(2)	"Universal price product code label" means the
151 18 unique ten=digit bar code placed on the packaging of an item
151 19 that may be used for purposes including but not limited to
151 20 tracking inventory, maintaining price information in a
151 21 computerized database, and serving as proof of purchase of a
151 22 particular item.
151 23	Sec. 178.	Section 714E.1, subsection 3, paragraph a,
151 24 subparagraph (2), Code 2009, is amended to read as follows:
151 25	(2)	Obtain a forbearance, modification, or repayment plan
151 26 from for a beneficiary or mortgagee.
151 27	Sec. 179.	Section 714E.4, unnumbered paragraph 1, Code
151 28 2009, is amended to read as follows:
151 29	It is a violation of this chapter for a foreclosure
151 30 consultant to do any of the following:
151 31	Sec. 180.	Section 714F.3, subsection 2, Code 2009, is
151 32 amended to read as follows:
151 33	2.	The contract required by this section 714F.2 survives
151 34 delivery of any instrument of conveyance of the residence in
35 foreclosure, and but has no effect on persons other than the
1 parties to the contract.
152	2	Sec. 181.	Section 714F.6, Code 2009, is amended to read as
152	3 follows:
152	4	714F.6	WAIVER.
152	5	A waiver of the provisions of this chapter is void and
152	6 unenforceable as contrary to public policy, except a consumer
152	7 may waive the three=day right to cancel provided in section
152	8 714F.4 if the property is subject to a foreclosure sale, tax
152	9 sale, or contract forfeiture within the three business days
152 10 and the shortened cancellation period was not caused by the
152 11 foreclosure purchaser or an agent of the foreclosure
152 12 purchaser, and the.  A waiver of a foreclosed homeowner agrees 152 13 to waive the foreclosed homeowner's right to cancel shall be
152	14	in a handwritten statement signed by all parties holding title	
152	15	to the foreclosed property.	
152	16	Sec. 182.	Section 714F.9, subsection 2, Code 2009, is	
152	17	amended to read as follows:	
152	18	2.	EXEMPLARY DAMAGES.	In a private right of action for a	
152	19	violation of this chapter, the court may award exemplary	
152	20	damages of any amount.	If the court determines that an award	
152	21	of exemplary damages is appropriate, the amount of exemplary	
152	22	damages awarded shall not be less than one and one=half times	
152	23	the foreclosed homeowner's actual damages.	Any claim for	
152	24	exemplary damages brought pursuant to this section must be	
152	25	commenced within four years after the date of the alleged	
152	26	violation.	
152	27	Sec. 183.	Section 728.15, Code 2009, is amended to read as	
152	28	follows:	
152	29	728.15	TELEPHONE DISSEMINATION OF OBSCENE MATERIAL TO	

152 30 MINORS.
152 31	1.	a.  As used in this section, "person" excludes any 152 32 information=access service provider that merely provides
152 33 transmission capacity without control over the content of the 152 34 transmission.
35	b.	A person shall not knowingly disseminate obscene
1 material by the use of telephones or telephone facilities to a
153	2 minor.	A person who violates this subsection upon conviction 153  3 is guilty of an aggravated misdemeanor.  However, second and 153  4 subsequent offenses of this subsection by a person who has 153  5 been previously convicted of violating this subsection are 153  6 class "D" felonies.  As used in this subsection, a "person" 153  7 excludes any information=access service provider that merely 153  8 provides transmission capacity without control over the
153  9 content of the transmission.
153 10	2.	It shall be a defense in any prosecution for a
153 11 violation of subsection 1 by a person who accused of knowingly
153 12 disseminates disseminating obscene material by the use of
153 13 telephones or telephone facilities to a minor that the
153 14 defendant person accused has taken either of the following
153 15 measures to restrict access to the obscene material:
153 16	a.	Required The person accused has done all of the 153 17 following:
153 18	(1)  Required the person receiving the obscene material to
153 19 use an authorized access or identification code, as provided
153 20 by the information provider, before transmission of the
153 21 obscene material begins, where the defendant has previously.
153 22	(2)  Previously issued the code by mailing it to the
153 23 applicant after taking reasonable measures to ascertain that
153 24 the applicant was eighteen years of age or older and has 153 25 established.
153 26	(3)  Established a procedure to immediately cancel the code
153 27 of any person after receiving notice, in writing or by
153 28 telephone, that the code has been lost, stolen, or used by
153 29 persons under the age of eighteen years or that the code is no
153 30 longer desired.
153 31	b.	Required The person accused has required payment by
153 32 credit card before transmission of the obscene material.
153 33	3.	Any list of applicants or recipients compiled or
153 34 maintained by an information=access service provider for
35 purposes of compliance with subsection 2 is confidential and
1 shall not be sold or otherwise disseminated except upon order
154	2 of the court.
154	3	4.  a.  A violation of subsection 1 is an aggravated 154  4 misdemeanor.
154	5	b.  A violation of subsection 1 by a person who has been 154  6 previously convicted of a violation of subsection 1 is a class 154  7 "D" felony.
154	8	Sec. 184.	Section 805.8B, subsection 2, paragraph e, Code
154	9 2009, is amended to read as follows:
154 10	e.	For identification decal violations under section
154 11 321G.5, the scheduled fine is twenty dollars.
154 12	Sec. 185.	Section 805.8B, subsection 2A, paragraph e, Code
154 13 2009, is amended to read as follows:
154 14	e.	For identification decal violations under section
154 15 321I.6, the scheduled fine is twenty dollars.
154 16	Sec. 186.	Section 820.11, Code 2009, is amended to read as
154 17 follows:
154 18	820.11	PENALTY FOR WILLFUL DISOBEDIENCE.
154 19	Any officer who shall deliver to the agent for extradition
154 20 of the demanding state a person in the officer's custody under
154 21 the governor's warrant, in willful disobedience to the last
154 22 section 820.10, shall be guilty of a simple misdemeanor.
154 23	Sec. 187.	Section 35B.6, subsection 1, paragraph a, Code
154 24 2007, as amended by 2008 Iowa Acts, chapter 1130, section 4,
154 25 is amended to read as follows:
154 26	a.	The members of the commission shall qualify by taking
154 27 the usual oath of office, and give bond in the sum of five
154 28 hundred dollars each, conditioned for the faithful discharge
154 29 of their duties with sureties to be approved by the county
154 30 auditor.	The commission shall organize by the selection of
154 31 one of their members as chairperson, and one as secretary.
154 32 The commission, subject to the approval of the board of
154 33 supervisors, shall employ an executive director or
154 34 administrator and shall have the power to employ other
35 necessary employees when needed, including administrative or
1 clerical assistants, but no member of the commission shall be 155  2 so employed.	The compensation of such employees shall be
155	3 fixed by the board of supervisors, but no member of the
155  4 commission shall be so employed.	The executive director must
155	5 possess the same qualifications as provided in section 35B.3

155	6 for commission members.	However, this qualification
155	7 requirement shall not apply to a person employed as an
155	8 executive director prior to July 1, 1989.
155	9	Sec. 188.	Section 35B.14, Code 2007, as amended by 2008
155 10 Iowa Acts, chapter 1130, section 7, is amended to read as
155 11 follows:
155 12	35B.14	COUNTY APPROPRIATION.
155 13	1.	The board of supervisors of each county may appropriate
155 14 moneys for training an executive director or administrator as
155 15 provided for in section 35B.6, the and for the expenses for
155 16 food, clothing, shelter, utilities, medical benefits, and a
155 17 funeral expenses of for indigent veterans, as defined in
155 18 section 35.1, and as well as for their indigent spouses,
155 19 surviving spouses, and minor children not over eighteen years
155 20 of age, having a legal residence who legally reside in the
155 21 county.
155 22	2.	The appropriation shall be expended by the joint action
155 23 and control of the board of supervisors and the county
155 24 commission of veteran affairs.
155 25	Sec. 189.	2008 Iowa Acts, chapter 1191, section 109, is
155 26 amended to read as follows:
155 27	SEC. 109.	Section 257.11 257.31, subsection 5, Code
155 28 Supplement 2007, is amended by adding the following new
155 29 paragraph:
155 30	NEW PARAGRAPH.	n.	Unusual need for additional funds for
155 31 the costs associated with providing competent private
155 32 instruction pursuant to chapter 299A.
155 33	Sec. 190.	Sections 238.2, 435.34, and 435.35, Code 2009,
155 34 are repealed.
35	Sec. 191.	DIRECTIVES TO CODE EDITOR == TRANSFERS.
1	1.	The Code editor shall transfer sections 147.57 and
156	2 147.114 to new locations deemed appropriate by the Code editor
156	3 in chapter 153 and correct any internal references in the Code
156	4 or Acts as necessary to complete the transfers.
156	5	2.	The Code editor shall number the existing paragraph
156	6 within section 216.18, transfer section 216.18A to become
156	7 subsection 2 of that section, and correct any internal
156	8 references in the Code or Acts as necessary to complete the
156	9 transfer.
156 10	DIVISION II
156 11	CODE SECTION RENUMBERINGS
156 12	Sec. 192.	Section 123.129, Code 2009, is amended to read
156 13 as follows:
156 14	123.129	CLASS "C" APPLICATION.
156 15	1.  For purposes of this section:
156 16	a.  "Grocery store" means any retail establishment, the
156 17 business of which consists of the sale of food, food products, 156 18 or beverages for consumption off the premises.
156 19	b.  "Pharmacy" means a drug store in which drugs and
156 20 medicines are exposed for sale and sold at retail, or in which 156 21 prescriptions of licensed physicians and surgeons, dentists, 156 22 or veterinarians are compounded and sold by a registered
156 23 pharmacist.
156 24	2.	No A class "C" permit shall not be issued to any person
156 25 except the owner or proprietor of a grocery store or pharmacy.
156 26	"Grocery store" means any retail establishment, the
156 27 business of which consists of the sale of food, food products 156 28 or beverages for consumption off the premises.
156 29	"Pharmacy" means a drug store in which drugs and medicines 156 30 are exposed for sale and sold at retail, or in which
156 31 prescriptions of licensed physicians and surgeons, dentists or 156 32 veterinarians are compounded and sold by a registered
156 33 pharmacist.
156 34	3.	A class "C" permit shall be issued by the administrator
35 to any person who is the owner or proprietor of a grocery
1 store or pharmacy, who:

157	3	which application shall state under oath all the information	
157	4	required of a class "A" applicant by section 123.127,	
157	5	subsection 1.	
157	6	2.	b.	Establishes that the person is of good moral	
157	7	character as defined by this chapter.	
157	8	3.	c.	Consents to inspection as required in section	
157	9	123.30, subsection 1.	
157	10	4.	d.	States the number of square feet of interior floo	
157	11	space which comprises the retail sales area of the premises	
157	12	for which the permit is sought.	
157	13	Sec. 193.	Section 124.101, subsection 1, Code 2009, is	
157	14	amended to read as follows:	
157	15	1.	"Administer" means the direct application of a	
157	16	controlled substance, whether by injection, inhalation,	

157	2	1.	a.	Submits a written application for such permit,

r

157 17 ingestion, or any other means, to the body of a patient or
157 18 research subject by:
157 19	a.	A practitioner, or in the practitioner's presence, by
157 20 the practitioner's authorized agent; or
157 21	b.	The patient or research subject at the direction and in
157 22 the presence of the practitioner.
157 23	Nothing contained in this chapter shall be construed to 157 24 prevent a physician, dentist, podiatric physician, or
157 25 veterinarian from delegating the administration of controlled 157 26 substances under this chapter to a nurse, intern, or other
157 27 qualified individual or, as to veterinarians, to an orderly or 157 28 assistant, under the veterinarian's direction and supervision; 157 29 all pursuant to rules adopted by the board.
157 30	Sec. 194.	NEW SECTION.	124.101A	ADMINISTRATION OF
157 31 CONTROLLED SUBSTANCES == DELEGATION.
157 32	Nothing contained in this chapter shall be construed to
157 33 prevent a physician, dentist, podiatric physician, or
157 34 veterinarian from delegating the administration of controlled
35 substances under this chapter to a nurse, intern, or other
1 qualified individual or, as to veterinarians, to an orderly or
158	2 assistant, under the veterinarian's direction and supervision;
158	3 all pursuant to rules adopted by the board.
158	4	Sec. 195.	Section 135J.1, subsection 6, Code 2009, is
158	5 amended to read as follows:
158	6	6.	"Interdisciplinary team" means the hospice patient and
158	7 the hospice patient's family, the attending physician, and all
158	8 of the following individuals trained to serve with a licensed
158	9 hospice program:
158 10	a.	A licensed physician pursuant to chapter 148.
158 11	b.	A licensed registered nurse pursuant to chapter 152.
158 12	c.	An individual with at least a baccalaureate degree in
158 13 the field of social work providing medical=social services.
158 14	d.	Trained hospice volunteers.
158 15	e.	Providers As deemed appropriate by the hospice,
158 16 providers of special services, including but not limited to, a
158 17 spiritual counselor, a pharmacist, or professionals in the
158 18 fields of mental health may be included on the
158 19 interdisciplinary team as deemed appropriate by the hospice.
158 20	Sec. 196.	Section 137.6, Code 2009, is amended to read as
158 21 follows:
158 22	137.6	POWERS OF LOCAL BOARDS.
158 23	1.	Local boards shall have powers to do the following
158 24 powers:
158 25	1.	a.	Enforce state health laws and the rules and lawful
158 26 orders of the state department.
158 27	2.	b.  (1)	Make and enforce such reasonable rules and
158 28 regulations not inconsistent with law or with the rules of the
158 29 state board as may be necessary for the protection and
158 30 improvement of the public health.
158 31	a.	(a)	Rules of a county board shall become effective
158 32 upon approval by the county board of supervisors by a motion
158 33 or resolution as defined in section 331.101, subsection 13,
158 34 and publication in a newspaper having general circulation in
35 the county.
1	b.	(b)	Rules of a city board shall become effective upon
159	2 approval by the city council and publication in a newspaper
159	3 having general circulation in the city.
159	4	c.	(c)	Rules of a district board shall become effective
159	5 upon approval by the district board and publication in a
159	6 newspaper having general circulation in the district.
159	7	d.	(2)	However, before Before approving any rule or
159	8 regulation the local board of health shall hold a public
159	9 hearing on the proposed rule.	Any citizen may appear and be
159 10 heard at the public hearing.	A notice of the public hearing,
159 11 stating the time and place and the general nature of the
159 12 proposed rule or regulation, shall be published as provided in
159 13 section 331.305 in the area served by the board.	The board 159 14 shall also make a reasonable effort to give notice of the  159 15 hearing to the communications media located within said area.
159 16	The board shall also make a reasonable effort to give 159 17 notice of the hearing to the communications media located 159 18 within said area.
159 19	3.  May by agreement with the council of any city within 159 20 its jurisdiction enforce appropriate ordinances of said city.
159 21	4.	c.	Employ persons as necessary for the efficient
159 22 discharge of its duties.	Employment practices shall meet the
159 23 requirements of chapter 8A, subchapter IV, or any civil
159 24 service provision adopted under chapter 400.
159 25	5.	d.	Provide reports of its operations and activities to
159 26 the state department as may be required by the director.
159 27	2.  A local board may, by agreement with the council of any

159 28 city within its jurisdiction, enforce appropriate ordinances 159 29 of the city.
159 30	Sec. 197.	Section 147A.4, subsection 1, Code 2009, is
159 31 amended to read as follows:
159 32	1.	a.	The department shall adopt rules required or
159 33 authorized by this subchapter pertaining to the operation of
159 34 ambulance, rescue, and first response services which have
35 received authorization under section 147A.5 to utilize the
1 services of certified emergency medical care providers.	These
160	2 rules shall include, but need not be limited to, requirements
160	3 concerning physician supervision, necessary equipment and
160	4 staffing, and reporting by ambulance, rescue, and first
160	5 response services which have received the authorization
160	6 pursuant to section 147A.5.
160	7	b.	The director, pursuant to rule, may grant exceptions
160	8 and variances from the requirements of rules adopted under
160	9 this subchapter for any ambulance, rescue, or first response
160 10 service.	Exceptions or variations shall be reasonably related
160 11 to undue hardships which existing services experience in
160 12 complying with this subchapter or the rules adopted pursuant
160 13 to this subchapter.	However, no exception or variance may be
160 14 granted unless the service has adopted a plan approved by the
160 15 department prior to July 1, 1996, to achieve compliance during
160 16 a period not to exceed seven years with this subchapter and
160 17 rules adopted pursuant to this subchapter.	Services
160 18 requesting exceptions and variances shall be subject to other
160 19 applicable rules adopted pursuant to this subchapter.
160 20	Sec. 198.	Section 149.1, subsections 2, 3, and 4, Code
160 21 2009, are amended to read as follows:
160 22	2.	As used in this chapter, "board":
160 23	a.  "Board" means the board of podiatry, created under
160 24 chapter 147.
160 25	3.	b.	As used in this chapter, "human "Human foot" means
160 26 the ankle and soft tissue which insert into the foot as well
160 27 as the foot.
160 28	4.	c.	"Podiatric physician" means a physician or surgeon
160 29 licensed under this chapter to engage in the practice of
160 30 podiatric medicine and surgery.
160 31	Sec. 199.	Section 149.5, Code 2009, is amended to read as
160 32 follows:
160 33	149.5	AMPUTATIONS == ANESTHESIA == PRESCRIPTION DRUGS.
160 34	1.	A license to practice podiatry shall not authorize the
35 licensee to amputate the human foot.
1	2.	A licensed podiatric physician may administer do all of 161  2 the following:
161	3	a.  Administer local anesthesia.

161	4	b.	Conscious Administer conscious sedation

may be

161  5 administered by a licensed podiatric physician in a hospital
161	6 or an ambulatory surgical center.
161	7	c.	A licensed podiatric physician may prescribe Prescribe
161	8 and administer drugs for the treatment of human foot ailments
161	9 as provided in section 149.1.
161 10	Sec. 200.	Section 153.39, subsection 2, Code 2009, is
161 11 amended to read as follows:
161 12	2.	Education requirements shall be determined by the board 161 13 by rule, according to standards to be determined by the board.
161 14 A person shall be registered upon the successful completion of
161 15 either of the education and examination requirements pursuant 161 16 to established in paragraph "a" or "b".  Education
161 17 requirements shall be determined by the board by rule, 161 18 according to standards to be determined by the board.:
161 19	a.	Successful completion of a course of study and
161 20 examination approved by the board and sponsored by a
161 21 board=approved postsecondary school.
161 22	b.	Successful completion of on=the=job training and
161 23 examination consisting of all of the following:
161 24	(1)	Completion of on=the=job training as specified in
161 25 rule.
161 26	(2)	Successful completion of an examination process
161 27 approved by the board.	A written examination may be waived by
161 28 the board pursuant to section 17A.9A, in practice situations
161 29 where the written examination is deemed to be unnecessary or
161 30 detrimental to the dentist's practice.
161 31	2A.	The education requirements in subsection 2, paragraphs
161 32 "a" and "b" may include possession of a valid certificate in a
161 33 nationally recognized course in cardiopulmonary resuscitation.
161 34 Successful passage of an examination administered by the board
35 under subsection 2, paragraph "a" or "b", which shall include
1 sections regarding infection control, hazardous materials, and
162	2 jurisprudence, shall also be required.
162	3	2B.	The board shall establish continuing education

162	4 requirements as a condition of renewing registration as a
162	5 registered dental assistant, as well as standards for the
162	6 suspension or revocation of registration.
162	7	Sec. 201.	Section 163.2, Code 2009, is amended to read as
162	8 follows:
162	9	163.2	INFECTIOUS OR CONTAGIOUS DISEASES.
162 10	As provided in this chapter, unless the context otherwise
162 11 requires:
162 12	1.	"Certificate of veterinary inspection" or "certificate"
162 13 means a legible record, made on an official form of the state
162 14 of origin or the animal and plant health inspection service of
162 15 the United States department of agriculture, and issued by an
162 16 accredited veterinarian of the state of origin or a
162 17 veterinarian in the employ of the animal and plant health
162 18 inspection service, which shows that an animal listed on the
162 19 form meets the health requirements of the state of
162 20 destination.
162 21	2.	"Control" means the prevention, suppression, or
162 22 eradication of an infectious or contagious disease afflicting
162 23 an animal within the state.
162 24	3.	"Department" means the department of agriculture and
162 25 land stewardship.
162 26	4.  "Foot and mouth disease" means a virus of the family 162 27 picornaviridae, genus aphthovirus, including any
162 28 immunologically distinct serotypes.
162 29	4.	5.	"Infectious or contagious disease" means glanders,
162 30 farcy, maladie du coit (dourine), anthrax, foot and mouth
162 31 disease, scabies, hog cholera, tuberculosis, brucellosis,
162 32 vesicular exanthema, scrapie, rinderpest, avian influenza or
162 33 Newcastle disease as provided in chapter 165B, or any other
162 34 transmissible, transferable, or communicable disease so
35 designated by the department.
1	As used in this chapter, "foot and mouth disease" means a 163  2 virus of the family picornaviridae, genus aphthovirus,
163  3 including any immunologically distinct serotypes.
163	4	5.	6.	"Move" or "movement", except as provided in
163	5 subchapter III, means to ship, transport, or deliver an
163	6 animal.
163	7	Sec. 202.	Section 163.30, subsection 3, paragraph d, Code
163	8 2009, is amended to read as follows:
163	9	d.	A permittee shall not represent more than one dealer.
163 10 Failure of a licensee or permittee to comply with this chapter
163 11 or a rule made pursuant to this chapter is cause for
163 12 revocation by the secretary of the permit or license after
163 13 notice to the alleged offender and the holding of a hearing by
163 14 the secretary.	Rules shall be made in accordance with chapter
163 15 17A.	A rule, the violation of which is made the basis for
163 16 revocation, except temporary emergency rules, shall first have
163 17 been approved after public hearing as provided in section
163 18 17A.4 after giving twenty days' notice of the hearing as 163 19 follows:
163 20	By by mailing the notice, by ordinary mail, to every person
163 21 filing a request for notice accompanied by an addressed
163 22 envelope with prepaid postage.	Any person may file such a
163 23 request to be listed with any agency for notice for the time
163 24 and place for all hearings on proposed rules, which request
163 25 shall be accompanied by a remittance of five dollars.	Such
163 26 fee shall be added to the operating fund of the department.
163 27 The listing shall expire semiannually on January 1 and July 1.
163 28	Sec. 203.	Section 163.30, subsections 4 through 7, Code
163 29 2009, are amended to read as follows:
163 30	4.	a.	All swine moved shall be individually identified
163 31 with a distinctive and easily discernible ear tag affixed in
163 32 either ear of the animal or other identification acceptable to
163 33 the department, which has been specified by rule promulgated
163 34 under the department's rulemaking authority.	The department
35 shall make ear tags available at convenient locations within
1 each county and shall sell such tags at a price not exceeding
164	2 the cost to producers and others to comply with this section.
164	3	b.	Every seller, dealer and market operator shall keep a
164	4 record of the ear tag numbers, or other approved
164	5 identification, and the farm of origin of swine moved by or
164	6 through that person, which records shall be made available by
164	7 that person to any appropriate representative of the
164	8 department or the United States department of agriculture.
164	9	5.	a.	All swine moved shall be accompanied by a
164 10 certificate of veterinary inspection issued by the state of
164 11 origin and prepared and signed by a veterinarian.	The
164 12 certificate shall show the point of origin, the point of
164 13 destination, individual identification, immunization status,
164 14 and, when required, any movement permit number assigned to the

164 15 shipment by the department.	All such movement of swine shall
164 16 be completed within seventy=two hours unless an extension of
164 17 time for movement is granted by the department.
164 18	b.	However, swine may be the requirements of paragraph "a" 164 19 do not apply as follows:
164 20	(1)  Swine which are moved intrastate directly to an
164 21 approved state, federal, or auction market without such
164 22 identification or certification, there to be identified and
164 23 certificated, are excepted from the identification and 164 24 certification requirements.
164 25	c.	However, registered Registered swine for exhibition or
164 26 breeding purposes which can be individually identified by an
164 27 ear notch or tattoo or other method approved by the department
164 28 are excepted from this the additional identification
164 29 requirement.	In addition, native
164 30	d.  Native Iowa swine moved from farm to farm shall be
164 31 excepted from the identification requirement if the owner
164 32 transferring possession of the feeder pigs executes a written
164 33 agreement with the person taking possession of the feeder
164 34 pigs.	The agreement shall provide that the feeder pigs shall
35 not be commingled with other swine for a period of thirty
1 days.	The owner transferring possession shall be responsible
165	2 for making certain that the agreement is executed and for
165	3 providing a copy of the agreement to the person taking
165	4 possession.
165	5	6.	The department may combine a certificate of veterinary
165	6 inspection with a certificate of inspection required under
165	7 chapter 166D.
165	8	6.	7.	The department may require issuance of movement
165	9 permits on certain categories of swine moved, prior to their
165 10 movement, pursuant to departmental rule.	The rule shall be
165 11 promulgated when in the judgment of the secretary, such
165 12 movements would otherwise threaten or imperil the eradication
165 13 of hog cholera in Iowa.
165 14	7.	7A.	All swine moved shall be quarantined separate and
165 15 apart from other swine located at the Iowa farm of destination
165 16 for thirty days beginning with their arrival at such premises,
165 17 or if such incoming swine are not held separate and apart, all
165 18 swine on such premises shall be thus quarantined, except
165 19 animals moving from such premises directly to slaughter.
165 20	7B.	There can only be one transfer by a dealer, involving
165 21 not more than two markets, prior to quarantine.
165 22	Sec. 204.	Section 166D.7, subsection 2, Code 2009, is
165 23 amended to read as follows:
165 24	2.	A monitored herd shall be initially certified,
165 25 recertified, and maintained as follows:
165 26	a.	The herd shall be certified when a statistical sampling
165 27 of the herd is determined to be noninfected.
165 28	b.	In order to remain certified the herd must be retested
165 29 and recertified as provided by the department.	The herd must
165 30 be recertified annually.	The herd shall be recertified when a
165 31 statistical sampling of the herd is determined to be
165 32 noninfected within twelve months from initial certification or
165 33 the most recent recertification.
165 34	c.	A monitored herd shall not be certified or recertified,
35 if the herd is located within a county which is designated by
1 the department as in stage II of the national pseudorabies
166	2 eradication program, unless the herd is vaccinated with a
166	3 modified=live differentiable vaccine pursuant to section
166	4 166D.11 and as required by the department.
166	5	c.	d.	A monitored herd may receive new swine into the
166	6 herd from a noninfected herd.
166	7	Sec. 205.	Section 167.4, Code 2009, is amended to read as
166	8 follows:
166	9	167.4	LICENSING PROCEDURE == FEES.
166 10	1.	The following shall apply to a person required to be
166 11 licensed under this chapter:
166 12	1.	a.	The person shall submit an application for a
166 13 license to the department in a manner and according to
166 14 procedures required by the department.
166 15	2.	b.	The person shall include in the application
166 16 information as required by the department, on forms prescribed
166 17 by the department, which shall include at least all of the
166 18 following:
166 19	a.	(1)	For a disposal plant, the person shall state the
166 20 person's name and address, the person's proposed place of
166 21 business, and the total number of vehicles to be involved in
166 22 the operation.
166 23	b.	(2)	For a collection point involving the accumulation
166 24 of whole animal carcasses or their parts for ultimate
166 25 transportation to a disposal plant, the person's name and

166 26 address, the person's proposed place of business, and the
166 27 total number of vehicles to be involved in the operation.
166 28	c.	(3)	For a delivery service which transports whole
166 29 animal carcasses or their parts to a disposal plant or
166 30 collection point, the person's name and address, the total
166 31 number of vehicles to be involved in the operation, and the
166 32 location where the vehicles involved in the operation are to
166 33 be maintained.
166 34	3.	c.	The person shall submit a separate application for
35 each location that the person is to operate as a disposal
1 plant, collection point, or a delivery service.
167	2	4.	d.	The person shall submit pay a license fee as
167	3 follows:
167	4	a.	(1)	For a disposal plant, one hundred dollars.
167	5	b.	(2)	For a collection point, one hundred dollars.
167	6 However, a person is not required to pay the license fee for a
167	7 collection point which is operated by a disposal plant.
167	8	c.	(3)	For a delivery service which is not part of the
167	9 operation of a disposal plant or collection point, fifty
167 10 dollars.
167 11	5.	e.	A license issued to a person under this section
167 12 shall expire on December 31 of each year.	The person may
167 13 renew the license by completing a renewal form as prescribed
167 14 by the department in a manner and according to procedures
167 15 required by the department.	However, the renewal form must be
167 16 submitted to the department prior to the license's expiration
167 17 date.	The person shall submit pay a renewal license fee which
167 18 shall be for the same amount as the original license fee.
167 19	Fees collected pursuant to this section shall be deposited 167 20 into the general fund of the state.
167 21	6.	f.	A person's license is subject to suspension or
167 22 revocation by the department if the department determines that
167 23 the person has committed a material violation of this chapter,
167 24 including rules adopted by this chapter, or a term or
167 25 condition of the license.	The person may contest the
167 26 department's action as provided in chapter 17A.
167 27	2.  Fees collected pursuant to this section shall be 167 28 deposited into the general fund of the state.
167 29	Sec. 206.	Section 169.6, Code 2009, is amended to read as
167 30 follows:
167 31	169.6	DISCLOSURE OF CONFIDENTIAL INFORMATION.
167 32	1.	A member of the board shall not disclose information
167 33 relating to the following:
167 34	1.	a.	Criminal history or prior misconduct of the
35 applicant.
1	2.	b.	Information relating to the contents of the
168	2 examination.
168	3	3.	c.	Information relating to the examination results
168	4 other than final score except for information about the
168	5 results of an examination which is given to the person who
168	6 took the examination.
168	7	2.	A member of the board who willfully communicates or
168	8 seeks to communicate such information in violation of
168  9 subsection 1, and any person who willfully requests, obtains,
168 10 or seeks to obtain such information, is guilty of a simple
168 11 misdemeanor for each separate offense.
168 12	Sec. 207.	Section 191.2, subsections 2 and 7, Code 2009,
168 13 are amended to read as follows:
168 14	2.	OLEOMARGARINE.
168 15	a.	No person shall sell or offer for sale, colored oleo,
168 16 oleomargarine or margarine unless == such oleo, oleomargarine
168 17 or margarine is packaged; the net weight of the contents of
168 18 any package sold in a retail establishment is one pound or
168 19 less; there appears on the label of the package the word
168 20 "oleo", "oleomargarine" or "margarine" in type or lettering at
168 21 least as large as any other type or lettering on such label,
168 22 and a full and accurate statement of all the ingredients
168 23 contained in such oleo, oleomargarine or margarine; and each
168 24 part of the contents of the package is contained in a wrapper
168 25 which bears the word "oleo", "oleomargarine" or "margarine" in
168 26 type or lettering not smaller than twenty point type.
168 27	For the purposes of this chapter the term "oleo", 168 28 "oleomargarine" or "margarine" includes all substances, 168 29 mixtures and compounds known as oleo, oleomargarine or
168 30 margarine, and all substances, mixtures and compounds which 168 31 have a consistence similar to that of butter and which contain 168 32 any edible oils or fats other than milk fat if made in
168 33 imitation or semblance of butter.  For the purposes of this 168 34 chapter colored oleo, oleomargarine or margarine is oleo,
35 oleomargarine or margarine to which any color has been added.
1	b.	Whenever coloring of any kind has been added it shall

169	2 be clearly stated on both inside wrapper and the outside
169	3 package.	The ingredients of oleo, oleomargarine or margarine
169	4 shall be listed on both the inside wrapper and outside package
169	5 in the order of the amounts of ingredients in the package.
169	6	c.	Such oleo, oleomargarine or margarine shall contain
169	7 vitamin "A" in such quantity that the finished oleo,
169	8 oleomargarine or margarine contains not less than fifteen
169	9 thousand United States Pharmacopoeia units of vitamin "A" per
169 10 pound, as determined by the method prescribed in the
169 11 Pharmacopoeia of the United States for the total biological
169 12 vitamin "A" activity.
169 13	7.	a.	Tanks transporting raw milk and milk products to a
169 14 milk plant from sources of supply not under the supervision of
169 15 the secretary or authorized municipal corporation are required
169 16 to be marked with the name and address of the milk plant or
169 17 hauler and shall be sealed; in addition, for each such
169 18 shipment, a shipping statement shall be prepared containing at
169 19 least the following information:
169 20	a.	(1)	Shipper's name, address, and permit number.
169 21	b.	(2)	Permit number of hauler, if not employee of
169 22 shipper.
169 23	c.	(3)	Point of origin of shipment.
169 24	d.	(4)	Tanker identity number.
169 25	e.	(5)	Name of product.
169 26	f.	(6)	Weight of product.
169 27	g.	(7)	Grade of product.
169 28	h.	(8)	Temperature of product.
169 29	i.	(9)	Date of shipment.
169 30	j.	(10)	Name of supervising health authority at the point
169 31 of origin.
169 32	k.	(11)	Whether the contents are raw, pasteurized, or
169 33 otherwise heat treated.
169 34	b.	Such statement shall be prepared in triplicate and
35 shall be kept on file by the shipper, the consignee, and the
1 carrier for a period of six months for the information of the
170	2 secretary.

170	4	follows:		
170	5	191.4	"PERSON" DEFINED DEFINITIONS.	

170	3	Sec. 208.	Section 191.4, Code 2009, is amended to read as

170	6	1.  "Oleo", "oleomargarine", or "margarine", for purposes 170  7 of this chapter, includes all substances, mixtures, and
170  8 compounds known as oleo, oleomargarine, or margarine, and all 170  9 substances, mixtures, and compounds which have a consistence 170 10 similar to that of butter and which contain any edible oils or 170 11 fats other than milk fat if made in imitation or semblance of 170 12 butter.  For the purposes of this chapter, colored oleo,
170 13 oleomargarine, or margarine is oleo, oleomargarine, or 170 14 margarine to which any color has been added.
170 15	2.	"Person" as used in this chapter and chapters 190 and
170 16 192 means any individual, plant operator, partnership,
170 17 corporation, company, firm, trustee, or association.
170 18	Sec. 209.	Section 200.14, Code 2009, is amended to read as
170 19 follows:
170 20	200.14	RULES.
170 21	1.	The secretary is authorized, after public hearing,
170 22 following due notice, to adopt rules setting forth minimum
170 23 general safety standards for the design, construction,
170 24 location, installation and operation of equipment for storage,
170 25 handling, transportation by tank truck or tank trailer, and
170 26 utilization of anhydrous ammonia.
170 27	a.	The rules shall be such as are reasonably necessary for
170 28 the protection and safety of the public and persons using
170 29 anhydrous ammonia, and shall be in substantial conformity with
170 30 the generally accepted standards of safety.
170 31	b.	It is hereby declared that rules Rules that are in
170 32 substantial conformity with the published standards of the
170 33 agricultural ammonia institute for the design, installation
170 34 and construction of containers and pertinent equipment for the
35 storage and handling of anhydrous ammonia, shall be deemed to
1 be in substantial conformity with the generally accepted
171	2 standards of safety.
171	3	2.	Anhydrous ammonia equipment shall be installed and
171	4 maintained in a safe operating condition and in conformity
171	5 with rules adopted by the secretary.
171	6	3.	The secretary is hereby charged with the enforcement of
171	7 shall enforce this chapter, and, after due publicity and due
171	8 public hearing, is empowered to promulgate and may adopt such
171	9 reasonable rules as may be necessary in order to carry into
171 10 effect the purpose and intent and to secure the efficient

171 11 administration of this 171 12 administration thereof.

chapter

or to secure the efficient

171 13	4.	Nothing in this This chapter shall does not prohibit
171 14 the use of storage tanks smaller than transporting tanks nor
171 15 the transfer of all kinds of fertilizer including anhydrous
171 16 ammonia directly from transporting tanks to implements of
171 17 husbandry, if proper safety precautions are observed.
171 18	Sec. 210.	Section 203.12A, subsections 1, 2, and 9, Code
171 19 2009, are amended to read as follows:
171 20	1.	a.  As used in this section:
171 21	(1)  "Grain dealer assets" includes proceeds received or 171 22 due a grain dealer upon the sale, including exchange,
171 23 collection, or other disposition, of grain sold by the grain 171 24 dealer.  "Grain dealer assets" also includes any other funds 171 25 or property of the grain dealer which can be directly traced 171 26 as being from the sale of grain by the grain dealer, or which 171 27 were utilized in the business operation of the grain dealer.
171 28	(2)  "Proceeds" means noncash and cash proceeds as defined 171 29 in section 554.9102.
171 30	b.  A court, upon petition by an affected party, may order 171 31 that claimed grain dealer assets are not grain dealer assets 171 32 as defined in this section.  The burden of proof shall be upon 171 33 the petitioner to establish that the assets are not grain
171 34 dealer assets as defined in this section.
35	2.	A statutory lien is imposed on all grain dealer assets
1 in favor of sellers who have surrendered warehouse receipts or
172	2 other written evidence of ownership as part of a grain sale
172	3 transaction or who possess written evidence of the sale of
172	4 grain to a grain dealer, without receiving full payment for
172	5 the grain.
172	6	2.  "Grain dealer assets" includes proceeds received or due 172  7 a grain dealer upon the sale, including exchange, collection, 172  8 or other disposition, of grain sold by the grain dealer.  As 172  9 used in this section, "proceeds" means noncash and cash
172 10 proceeds as defined in section 554.9102.  "Grain dealer
172 11 assets" also includes any other funds or property of the grain 172 12 dealer which can be directly traced as being from the sale of 172 13 grain by the grain dealer, or which were utilized in the
172 14 business operation of the grain dealer.  A court, upon
172 15 petition by an affected party, may order that claimed grain 172 16 dealer assets are not grain dealer assets as defined in this 172 17 section.  The burden of proof shall be upon the petitioner to 172 18 establish that the assets are not grain dealer assets as
172 19 defined in this section.
172 20	9.	a.	The board may enforce the lien in the manner
172 21 provided in chapter 554, article 9, part 6, for the
172 22 enforcement of security interests.	If, upon enforcement of
172 23 the lien, the lien amount is satisfied in full without
172 24 exhaustion of the grain dealer assets, the remaining assets
172 25 shall be returned to the grain dealer or, if there are
172 26 competing claims to those remaining assets by other creditors,
172 27 shall place those assets in the custody of the district court
172 28 and implead the known creditors.
172 29	b.	For purposes of enforcement of the lien, the board is
172 30 deemed to be the secured party and the grain dealer is deemed
172 31 to be the debtor, and each has the respective rights and
172 32 duties of a secured party and a debtor as provided in chapter
172 33 554, article 9, part 6.	If a right or duty under chapter 554,
172 34 article 9, part 6, is contingent upon the existence of express
35 language in a security agreement, or may be waived by express
1 language in a security agreement, the requisite language is
173	2 deemed not to exist for purposes of enforcement of the lien
173	3 created by this section.
173	4	Sec. 211.	Section 203.15, subsection 4, paragraph c, Code
173	5 2009, is amended to read as follows:
173	6	c.	(1)	A grain dealer must meet at least either of the
173	7 following conditions:
173	8	(1)	(a)	The grain dealer's last financial statement
173	9 required to be submitted to the department pursuant to section
173 10 203.3 is accompanied by an unqualified opinion based upon an
173 11 audit performed by a certified public accountant licensed in
173 12 this state.
173 13	(2)	(b)	The grain dealer files a bond with the department
173 14 in the amount of one hundred thousand dollars payable to the
173 15 department.
173 16	(2)  (a)	The bond filed with the department under this 173 17 paragraph shall be used to indemnify sellers for losses
173 18 resulting from a breach of a credit=sale contract as provided
173 19 by rules adopted by the department.	The rules shall include,
173 20 but are not limited to, procedures and criteria for providing
173 21 notice, filing claims, valuing losses, and paying claims.	The
173 22 bond provided in this paragraph shall be in addition to any
173 23 other bond required in this chapter.

173 24	(b)	A The bond filed with the department under this 173 25 paragraph shall not be canceled by the issuer on less than
173 26 ninety days notice by certified mail to the department and the
173 27 principal.	However, if an adequate replacement bond is filed
173 28 with the department, the department may authorize the
173 29 cancellation of the original bond before the end of the
173 30 ninety=day period.
173 31	(c)	If an adequate replacement bond is not received by the
173 32 department within sixty days of the issuance of the notice of
173 33 cancellation, the department shall automatically suspend the
173 34 grain dealer's license.	The department shall cause an
35 inspection of the licensed grain dealer immediately at the end
1 of the sixty=day period.	If a replacement bond is not filed
174	2 within another thirty days following the suspension, the grain
174	3 dealer license shall be automatically revoked.
174	4	(3)	When a license is revoked, the department shall
174	5 provide notice of the revocation by ordinary mail to the last
174	6 known address of each holder of an outstanding credit=sale
174	7 contract and all known sellers.
174	8	Sec. 212.	Section 203C.33, Code 2009, is amended to read
174	9 as follows:
174 10	203C.33	FEES.
174 11	1.	The department shall charge the following fees for
174 12 deposit in the general fund:
174 13	1.	a.	For the issuance or renewal of a warehouse license,
174 14 the fee shall be determined on the basis of the storage
174 15 capacity in bushels of grain as follows:
174 16	a.	(1)	If the total storage capacity is one hundred
174 17 thousand bushels or less, the fee is fifty=eight dollars.
174 18	b.	(2)	If the total storage capacity is more than one
174 19 hundred thousand bushels, but not more than seven hundred
174 20 fifty thousand bushels, the fee is one hundred twenty=five
174 21 dollars.
174 22	c.	(3)	If the total storage capacity is more than seven
174 23 hundred fifty thousand bushels, but not more than one million
174 24 five hundred thousand bushels, the fee is one hundred
174 25 ninety=one dollars.
174 26	d.	(4)	If the total storage capacity is more than one
174 27 million five hundred thousand bushels, but not more than three
174 28 million bushels, the fee is two hundred forty=nine dollars.
174 29	e.	(5)	If the total storage capacity is more than three
174 30 million bushels, but not more than four million seven hundred
174 31 fifty thousand bushels, the fee is three hundred seven
174 32 dollars.
174 33	f.	(6)	If the total storage capacity is more than four
174 34 million seven hundred fifty thousand bushels, but not more
35 than nine million five hundred thousand bushels, the fee is
1 three hundred seventy=four dollars.
175	2	g.	(7)	If the total storage capacity is more than nine
175	3 million five hundred thousand bushels, the fee is four hundred
175	4 forty dollars.
175	5	2.	b.	For the issuance or renewal of a warehouse license
175	6 for the storage of products other than bulk grain, the fee
175	7 shall be determined as follows:
175	8	a.	(1)	For intended storage of products of a value of one
175	9 hundred thousand dollars or less, a fee of sixty dollars.
175 10	b.	(2)	For intended storage of products of a value
175 11 greater than one hundred thousand dollars but not greater than
175 12 three hundred thousand dollars, a fee of one hundred dollars.
175 13	c.	(3)	For intended storage of products of a value in
175 14 excess of three hundred thousand dollars, a fee of two hundred
175 15 dollars.
175 16	c.	For each inspection of a warehouse or station for the
175 17 purpose of licensing, a fee of twenty=five dollars, and for
175 18 each additional warehouse or station under the same license, a
175 19 fee of ten dollars.
175 20	3.	d.	For each amendment of a license, a fee of ten
175 21 dollars.
175 22	4.	e.	For each amendment of a tariff, a fee of ten
175 23 dollars.
175 24	5.	f.	For a duplicate license, a fee of five dollars.
175 25	6.	g.	For the reinstatement of a license, a fee of fifty
175 26 dollars.
175 27	2.	New Fees for new licenses issued for less than a year
175 28 shall be prorated from the date of application.
175 29	Sec. 213.	Section 216.19, Code 2009, is amended to read as
175 30 follows:
175 31	216.19	LOCAL LAWS IMPLEMENTING THIS CHAPTER.
175 32	1.  All cities shall, to the extent possible, protect the 175 33 rights of the citizens of this state secured by the Iowa civil 175 34 rights Act.	Nothing in this chapter shall be construed as

35 indicating an any of the following:
1	a.  An intent on the part of the general assembly to occupy
176	2 the field in which this chapter operates to the exclusion of
176	3 local laws not inconsistent with this chapter that deal with
176	4 the same subject matter.
176	5	b.	Nothing in this chapter shall be construed as
176  6 indicating an An intent to prohibit an agency or commission of
176	7 local government having as its purpose the investigation and
176	8 resolution of violations of this chapter from developing
176	9 procedures and remedies necessary to insure the protection of
176 10 rights secured by this chapter.	All cities shall, to the 176 11 extent possible, protect the rights of the citizens of this 176 12 state secured by the Iowa civil rights Act.  Nothing in this 176 13 chapter shall be construed as limiting
176 14	c.  Limiting a city or local government from enacting any
176 15 ordinance or other law which prohibits broader or different
176 16 categories of unfair or discriminatory practices.
176 17	2.	An agency or commission of local government and the  176 18 Iowa civil rights commission shall cooperate in the sharing of 176 19 data and research, and coordinating investigations and
176 20 conciliations in order to expedite claims of unlawful
176 21 discrimination and eliminate needless duplication.	A city
176 22 with a population of twenty=nine thousand, or greater, shall
176 23 maintain an independent local civil rights agency or
176 24 commission consistent with commission rules adopted pursuant
176 25 to chapter 17A.	An agency or commission for which a staff is
176 26 provided shall have control over such staff.	A city required
176 27 to maintain a local civil rights agency or commission shall
176 28 structure and adequately fund the agency or commission in
176 29 order to effect cooperative undertakings with the Iowa civil
176 30 rights commission and to aid in effectuating the purposes of
176 31 this chapter.
176 32	3.  An agency or commission of local government and the  176 33 Iowa civil rights commission shall cooperate in the sharing of 176 34 data and research, and coordinating investigations and
35 conciliations in order to expedite claims of unlawful
1 discrimination and eliminate needless duplication.	The Iowa
177	2 civil rights commission may enter into cooperative agreements
177	3 with any local agency or commission to effectuate the purposes
177	4 of this chapter.	Such agreements may include technical and
177	5 clerical assistance and reimbursement of expenses incurred by
177	6 the local agency or commission in the performance of the
177	7 agency's or commission's duties if funds for this purpose are
177	8 appropriated by the general assembly.
177	9	4.	The Iowa civil rights commission may designate an
177 10 unfunded local agency or commission as a referral agency.	A
177 11 local agency or commission shall not be designated a referral
177 12 agency unless the ordinance creating it provides the same
177 13 rights and remedies as are provided in this chapter.	The Iowa
177 14 civil rights commission shall establish by rules the
177 15 procedures for designating a referral agency and the
177 16 qualifications to be met by a referral agency.
177 17	5.  The Iowa civil rights commission may adopt rules 177 18 establishing the procedures for referral of complaints.  A
177 19 referral agency may refuse to accept a case referred to it by 177 20 the Iowa civil rights commission if the referral agency is  177 21 unable to effect proper administration of the complaint.  It 177 22 shall be the burden of the referral agency to demonstrate that 177 23 it is unable to properly administer that complaint.
177 24	6.	A complainant who files a complaint with a referral
177 25 agency having jurisdiction shall be prohibited from filing a
177 26 complaint with the Iowa civil rights commission alleging
177 27 violations based upon the same acts or practices cited in the
177 28 original complaint; and a complainant who files a complaint
177 29 with the commission shall be prohibited from filing a
177 30 complaint with the referral agency alleging violations based
177 31 upon the same acts or practices cited in the original
177 32 complaint.	However, the Iowa civil rights commission in its
177 33 discretion may refer a complaint filed with the commission to
177 34 a referral agency having jurisdiction over the parties for
35 investigation and resolution; and a referral agency in its
1 discretion may refer a complaint filed with that agency to the
178	2 commission for investigation and resolution.	The commission 178  3 may adopt rules establishing the procedures for referral of 178  4 complaints.  A referral agency may refuse to accept a case 178  5 referred to it by the Iowa civil rights commission if the  178  6 referral agency is unable to effect proper administration of 178  7 the complaint.  It shall be the burden of the referral agency 178  8 to demonstrate that it is unable to properly administer that 178  9 complaint.
178 10	7.	A final decision by a referral agency shall be subject

178 11 to judicial review as provided in section 216.17 in the same
178 12 manner and to the same extent as a final decision of the Iowa
178 13 civil rights commission.
178 14	8.	The referral of a complaint by the Iowa civil rights
178 15 commission to a referral agency or by a referral agency to the
178 16 Iowa civil rights commission shall not affect the right of a
178 17 complainant to commence an action in the district court under 178 18 section 216.16.
178 19	Sec. 214.	Section 222.31, Code 2009, is amended to read as
178 20 follows:
178 21	222.31	COMMITMENT == LIABILITY FOR CHARGES.
178 22	1.	If in the opinion of the court, or of a commission as
178 23 authorized in section 222.28, the person is mentally retarded
178 24 within the meaning of this chapter and the court determines
178 25 that it will be conducive to the welfare of that person and of
178 26 the community to commit the person to a proper institution for
178 27 treatment, training, instruction, care, habilitation, and
178 28 support, and that services or support provided to the family
178 29 of such a person who is a child will not enable the family to
178 30 continue to care for the child in the child's home, the court
178 31 shall by proper order:
178 32	1.	a.	Commit the person to any public or private facility
178 33 within or without the state, approved by the director of the
178 34 department of human services.	If the person has not been
35 examined by a commission as appointed in section 222.28, the
1 court shall, prior to issuing an order of commitment, appoint
179	2 such a commission to examine the person for the purpose of
179	3 determining the mental condition of the person.	No order of
179	4 commitment shall be issued unless the commission shall
179	5 recommend that such order be issued and the private
179	6 institution to which the person is to be committed shall
179	7 advise the court that it is willing to receive the person.
179	8	2.	b.  (1)	Commit the person to the state resource center
179	9 designated by the administrator to serve the county in which
179 10 the hearing is being held, or to a special unit.	The court
179 11 shall, prior to issuing an order of commitment, request that a
179 12 diagnostic evaluation of the person be made by the
179 13 superintendent of the resource center or the special unit, or
179 14 the superintendent's qualified designee.	The evaluation shall
179 15 be conducted at a place as the superintendent may direct.	The
179 16 cost of the evaluation shall be defrayed by the county of
179 17 legal settlement unless otherwise ordered by the court.	The
179 18 cost may be equal to but shall not exceed the actual cost of
179 19 the evaluation.	Persons referred by a court to a resource
179 20 center or the special unit for diagnostic evaluation shall be
179 21 considered as outpatients of the institution.	No order of
179 22 commitment shall be issued unless the superintendent of the
179 23 institution recommends that the order be issued, and advises
179 24 the court that adequate facilities for the care of the person
179 25 are available.

179	27	attorney filed pursuant to section 222.13, and if the report	
179	28	shows that neither the person nor those liable for the	
179	29	person's support under section 222.78 are presently able to	
179	30	pay the charges rising out of the person's care in the a	
179	31	resource center, or special treatment unit, shall enter an	
179	32	order stating that finding and directing that the charges be	
179	33	paid by the person's county of residence.	The court may, upon	
179	34	request of the board of supervisors, review its finding at any	
179	35	subsequent time while the person remains at the resource	
180	1	center, or is otherwise receiving care or treatment for which	
180	2	this chapter obligates the county to pay.	If the court finds	
180	3	upon review that the person or those legally responsible for	
180	4	the person are presently able to pay the expenses, that	
180	5	finding shall apply only to the charges incurred during the	
180	6	period beginning on the date of the board's request for the	
180	7	review and continuing thereafter, unless and until the court	
180	8	again changes its finding.	If the court finds that the	
180	9	person, or those liable for the person's support, are able to	
180	10	pay the charges, the court shall enter an order directing that	
180	11	the charges be so paid to the extent required by section	
180	12	222.78.	
180	13	3.	2.	In its order, the court shall include a finding as	
180	14	to whether the person has sufficient mental capacity to	
180	15	comprehend and exercise the right to vote.	
180	16	Sec. 215.	Section 222.36, Code 2009, is amended to read as	
180	17	follows:	
180	18	222.36	CUSTODY PENDING ADMISSION.	
180	19	If a resource center or a special unit is unable to	
180	20	immediately receive a person committed under section 222.31,	
180	21	subsection 2 1, paragraph "b", the superintendent shall notify	

26	(2)	The court shall examine the report of the county

22 the court of the time when such person may be received.	In
180 23 the meantime, said person shall be cared for under such order
180 24 as the court may enter.
180 25	Sec. 216.	Section 222.59, subsection 3, paragraph b, Code
180 26 2009, is amended to read as follows:
180 27	b.	That the patient's commitment is still appropriate but
180 28 the patient should be transferred to another public or private
180 29 facility in accordance with the provisions of section 222.31,
180 30 subsection 1, paragraph "a".
180 31	Sec. 217.	Section 231.32, subsection 2, Code 2009, is
180 32 amended to read as follows:
180 33	2.	The commission shall designate an area agency to serve
180 34 each planning and service area, after consideration of the
35 views offered by units of general purpose local government.
1 An area agency may be:
181	2	a.	An established office of aging which is operating
181	3 within a planning and service area designated by the
181	4 commission.
181	5	b.	Any office or agency of a unit of general purpose local
181	6 government, which is designated for the purpose of serving as
181	7 an area agency by the chief elected official of such unit.
181	8	c.	Any office or agency designated by the appropriate
181	9 chief elected officials of any combination of units of general
181 10 purpose local government to act on behalf of the combination
181 11 for such purpose.
181 12	d.	Any public or nonprofit private agency in a planning
181 13 and service area or any separate organizational unit within
181 14 such agency which is under the supervision or direction for
181 15 this purpose of the department of elder affairs and which can
181 16 engage in the planning or provision of a broad range of
181 17 supportive services or nutrition services within the planning
181 18 and service area.
181 19	Each area agency shall provide assurance, determined 181 20 adequate by the commission, that the area agency has the
181 21 ability to develop an area plan and to carry out, directly or 181 22 through contractual or other arrangements, a program in
181 23 accordance with the plan within the planning and service area. 181 24 In designating an area agency on aging within the planning and 181 25 service area, the commission shall give preference to an
181 26 established office of aging, unless the commission finds that 181 27 no such office within the planning and service area has the 181 28 capacity to carry out the area plan.
181	29	Sec. 218.	Section 231.32, Code 2009, is amended by adding	

			

			

			

			

			

			

			

			

			

			

			

			

	

181 30 the following new subsection:
181 31	NEW SUBSECTION.	4.	Each area agency shall provide
181 32 assurance, determined adequate by the commission, that the
181 33 area agency has the ability to develop an area plan and to
181 34 carry out, directly or through contractual or other
35 arrangements, a program in accordance with the plan within the
1 planning and service area.	In designating an area agency on
182	2 aging within the planning and service area, the commission
182	3 shall give preference to an established office of aging,
182	4 unless the commission finds that no such office within the
182	5 planning and service area has the capacity to carry out the
182	6 area plan.
182	7	Sec. 219.	Section 232.52, subsection 2, paragraphs a and
182	8 c, Code 2009, are amended to read as follows:
182	9	a.	An order prescribing one or more of the following:
182 10	(1)	A work assignment of value to the state or to the
182 11 public.
182 12	(2)	Restitution consisting of monetary payment or a work
182 13 assignment of value to the victim.
182 14	(3)	If the child is fourteen years of age or older,
182 15 restitution consisting of monetary payment or a work
182 16 assignment of value to the county or to the public for fees of
182 17 attorneys appointed to represent the child at public expense
182 18 pursuant to section 232.11.
182 19	(4)	The suspension or revocation of the driver's license
182 20 or operating privilege of the child, for a period of one year,
182 21 for the commission of delinquent acts which are a violation of
182 22 any of the following:
182 23	(a)	Section 123.46.
182 24	(b)	Section 123.47 regarding the purchase or attempt to
182 25 purchase of alcoholic beverages.
182 26	(c)	Chapter 124.
182 27	(d)	Section 126.3.
182 28	(e)	Chapter 453B.
182 29	(f)	Two or more violations of section 123.47 regarding the
182 30 possession of alcoholic beverages.
182 31	(g)	Section 708.1, if the assault is committed upon an
182 32 employee of the school at which the child is enrolled, and the

182 33 child intended to inflict serious injury upon the school
182 34 employee or caused bodily injury or mental illness.
35	(h)	Section 724.4, if the child carried the dangerous
1 weapon on school grounds.
183	2	(i)	Section 724.4B.
183	3	The child may be issued a temporary restricted license or
183	4 school license if the child is otherwise eligible.
183	5	(5)	The suspension of the driver's license or operating
183	6 privilege of the child for a period not to exceed one year.
183	7 The order shall state whether a work permit may or shall not
183	8 be issued to the child.
183	9	An order under paragraph "a" may be the sole disposition or 183 10 may be included as an element in other dispositional orders.
183 11	c.	An order providing special care and treatment required
183 12 for the physical, emotional or mental health of the child, and
183 13	(1)	Placing the child on probation or other supervision;
183 14 and
183 15	(2)	If the court deems appropriate, ordering the parent,
183 16 guardian, or custodian to reimburse the county for any costs
183 17 incurred as provided in section 232.141, subsection 1, or to
183 18 otherwise pay or provide for such care and treatment.
183 19	A parent or guardian may be required by the juvenile court 183 20 to participate in educational or treatment programs as part of 183 21 a probation plan if the court determines it to be in the best 183 22 interest of the child.  A parent or guardian who does not
183 23 participate in the probation plan when required to do so by 183 24 the court may be held in contempt.
183 25	Sec. 220.	Section 232.52, subsection 2A, Code 2009, is
183 26 amended to read as follows:
183 27	2A.	a. An order under subsection 2, paragraph "a", may be 183 28 the sole disposition or may be included as an element in other 183 29 dispositional orders.
183 30	b.  A parent or guardian may be required by the juvenile 183 31 court to participate in educational or treatment programs as 183 32 part of a probation plan.  A parent or guardian who does not 183 33 participate in the probation plan when required to do so by 183 34 the court may be held in contempt.
35	c.	Notwithstanding subsection 2, the court shall not order
1 group foster care placement of the child which is a charge
184	2 upon the state if that placement is not in accordance with the
184	3 service area plan for group foster care established pursuant
184	4 to section 232.143 for the departmental service area in which
184	5 the court is located.
184	6	Sec. 221.	Section 236.5, Code 2009, is amended to read as
184	7 follows:
184	8	236.5	DISPOSITION.
184	9	1.	Upon a finding that the defendant has engaged in
184 10 domestic abuse:
184 11	1.	a.	The court may order that the plaintiff, the
184 12 defendant, and the children who are members of the household
184 13 receive professional counseling, either from a private source
184 14 approved by the court or from a source appointed by the court.
184 15 Costs of counseling shall be paid in full or in part by the
184 16 parties and taxed as court costs.	If the court determines
184 17 that the parties are unable to pay the costs, they may be paid
184 18 in full or in part from the county treasury.
184 19	2.	b.	The court may grant a protective order or approve a
184 20 consent agreement which may contain but is not limited to any
184 21 of the following provisions:
184 22	a.	(1)	That the defendant cease domestic abuse of the
184 23 plaintiff.
184 24	b.	(2)	That the defendant grant possession of the
184 25 residence to the plaintiff to the exclusion of the defendant
184 26 or that the defendant provide suitable alternate housing for
184 27 the plaintiff.
184 28	c.	(3)	That the defendant stay away from the plaintiff's
184 29 residence, school, or place of employment.
184 30	d.	(4)	The awarding of temporary custody of or
184 31 establishing temporary visitation rights with regard to
184 32 children under eighteen.
184 33	(a)	In awarding temporary custody or temporary visitation
184 34 rights, the court shall give primary consideration to the
35 safety of the victim and the children.
1	(b)	If the court finds that the safety of the victim or
185	2 the children will be jeopardized by unsupervised or
185	3 unrestricted visitation, the court shall condition or restrict
185	4 visitation as to time, place, duration, or supervision, or
185	5 deny visitation entirely, as needed to guard the safety of the
185	6 victim and the children.
185	7	(c)	The court shall also investigate whether any other
185	8 existing orders awarding custody or visitation rights should

185	9 be modified.
185 10	e.	(5)	Unless prohibited pursuant to 28 U.S.C. } 1738B,
185 11 that the defendant pay the clerk a sum of money for the
185 12 separate support and maintenance of the plaintiff and children
185 13 under eighteen.
185 14	2.	An order for counseling, a protective order, or
185 15 approved consent agreement shall be for a fixed period of time
185 16 not to exceed one year.	The court may amend or extend its
185 17 order or a consent agreement at any time upon a petition filed
185 18 by either party and after notice and hearing.	The court may
185 19 extend the order if the court, after hearing at which the
185 20 defendant has the opportunity to be heard, finds that the
185 21 defendant continues to pose a threat to the safety of the
185 22 victim, persons residing with the victim, or members of the
185 23 victim's immediate family.	At the time of the extension, the
185 24 parties need not meet the requirement in section 236.2,
185 25 subsection 2, paragraph "d", that the parties lived together
185 26 during the last year if the parties met the requirements of
185 27 section 236.2, subsection 2, paragraph "d", at the time of the
185 28 original order.	The number of extensions that can be granted
185 29 by the court is not limited.
185 30	3.	The order shall state whether a person is to be taken
185 31 into custody by a peace officer for a violation of the terms
185 32 stated in the order.
185 33	3.	4.	The court may order that the defendant pay the
185 34 plaintiff's attorneys fees and court costs.
35	4.	5.	An order or consent agreement under this section
1 shall not affect title to real property.
186	2	5.	6.	A copy of any order or approved consent agreement
186	3 shall be issued to the plaintiff, the defendant, the county
186	4 sheriff of the county in which the order or consent decree is
186	5 initially entered, and the twenty=four=hour dispatcher for the
186	6 county sheriff.	Any subsequent amendment or revocation of an
186	7 order or consent agreement shall be forwarded by the clerk to
186	8 all individuals and the county sheriff previously notified.
186	9	7.	The clerk shall notify the county sheriff and the
186 10 twenty=four=hour dispatcher for the county sheriff in writing
186 11 so that the county sheriff and the county sheriff's dispatcher
186 12 receive written notice within six hours of filing the order,
186 13 approved consent agreement, amendment, or revocation.	The
186 14 clerk may fulfill this requirement by sending the notice by
186 15 facsimile or other electronic transmission which reproduces
186 16 the notice in writing within six hours of filing the order.
186 17	8.	The county sheriff's dispatcher shall notify all law
186 18 enforcement agencies having jurisdiction over the matter and
186 19 the twenty=four=hour dispatcher for the law enforcement
186 20 agencies upon notification by the clerk.
186 21	Sec. 222.	Section 252B.5, subsection 12, paragraphs a and
186 22 b, Code 2009, are amended to read as follows:
186 23	a.	Comply In compliance with federal procedures, to
186 24 periodically certify to the secretary of the United States
186 25 department of health and human services, a list of the names
186 26 of obligors determined by the unit to owe delinquent support,
186 27 under a support order as defined in section 252J.1, in excess
186 28 of two thousand five hundred dollars.	The certification of
186 29 the delinquent amount owed may be based upon one or more
186 30 support orders being enforced by the unit if the delinquent
186 31 support owed exceeds two thousand five hundred dollars.	The
186 32 certification shall include any amounts which are delinquent
186 33 pursuant to the periodic payment plan when a modified order
186 34 has been retroactively applied.	The certification shall be in
35 a format and shall include any supporting documentation
1 required by the secretary.
187	2	b.	All of the following shall apply to an action initiated
187	3 by the unit under this subsection:
187	4	(1)	The obligor shall be sent a notice by regular mail in
187	5 accordance with federal law and regulations and the notice
187	6 shall remain in effect until support delinquencies have been
187	7 paid in full.
187	8	(2)	The notice shall include all of the following:
187	9	(a)	A statement regarding the amount of delinquent support
187 10 owed by the obligor.
187 11	(b)	A statement providing information that if the
187 12 delinquency is in excess of two thousand five hundred dollars,
187 13 the United States secretary of state may apply a passport
187 14 sanction by revoking, restricting, limiting, or refusing to
187 15 issue a passport as provided in 42 U.S.C. } 652(k).
187 16	(c)	Information regarding the procedures for challenging
187 17 the certification by the unit.
187 18	(3)  (a)  If the obligor chooses to challenge the
187 19 certification, the obligor shall notify the unit within the

187 20 time period specified in the notice to the obligor.  The 187 21 obligor shall include any relevant information with the 187 22 challenge.
187 23	(2)  (a)	(b)	A challenge shall be based upon mistake of
187 24 fact.	For the purposes of this subsection, "mistake of fact"
187 25 means a mistake in the identity of the obligor or a mistake in
187 26 the amount of the delinquent child support owed if the amount
187 27 did not exceed two thousand five hundred dollars on the date
187 28 of the unit's decision on the challenge.
187 29	If the obligor chooses to challenge the certification, the 187 30 obligor shall notify the unit within the time period specified 187 31 in the notice to the obligor.  The obligor shall include any 187 32 relevant information with the challenge.
187 33	(b)	(4)	Upon timely receipt of the challenge, the unit
187 34 shall review the certification for a mistake of fact, or refer
35 the challenge for review to the child support agency in the
1 state chosen by the obligor as provided by federal law.
188	2	(c)	(5)	Following the unit's review of the certification,
188	3 the unit shall send a written decision to the obligor within
188	4 ten days of timely receipt of the challenge.
188	5	(i)	(a)	If the unit determines that a mistake of fact
188	6 exists, the unit shall send notification in accordance with
188	7 federal procedures withdrawing the certification for passport
188	8 sanction.
188	9	(ii)	(b)	If the unit determines that a mistake of fact
188 10 does not exist, the obligor may contest the determination
188 11 within ten days following the issuance of the decision by
188 12 submitting a written request for a contested case proceeding
188 13 pursuant to chapter 17A.
188 14	(3)	(6)	Following issuance of a final decision under
188 15 chapter 17A that no mistake of fact exists, the obligor may
188 16 request a hearing before the district court pursuant to
188 17 chapter 17A.	The department shall transmit a copy of its
188 18 record to the district court pursuant to chapter 17A.	The
188 19 scope of the review by the district court shall be limited to
188 20 demonstration of a mistake of fact.	Issues related to
188 21 visitation, custody, or other provisions not related to the
188 22 support provisions of a support order are not grounds for a
188 23 hearing under this subsection.
188 24	Sec. 223.	Section 256B.2, Code 2009, is amended to read as
188 25 follows:
188 26	256B.2	DEFINITIONS == POLICIES == FUNDS.
188 27	1.	As used in this chapter:
188 28	a.	"Children requiring special education" means persons
188 29 under twenty=one years of age, including children under five
188 30 years of age, who have a disability in obtaining an education
188 31 because of a head injury, autism, behavioral disorder, or
188 32 physical, mental, communication, or learning disability, as
188 33 defined by the rules of the department of education.
188 34	2.	b.	"Special education" means classroom, home,
35 hospital, institutional, or other instruction designed to meet
1 the needs of children requiring special education as defined
189	2 in this subsection 1; transportation and corrective and
189	3 supporting services required to assist children requiring
189	4 special education, as defined in this subsection 1, in taking
189	5 advantage of, or responding to, educational programs and
189	6 opportunities, as defined by rules of the state board of
189	7 education.
189	8	3.	2.	It is the policy of this state to require school
189	9 districts and state operated educational programs to provide
189 10 or make provision, as an integral part of public education,
189 11 for a free and appropriate public education sufficient to meet
189 12 the needs of all children requiring special education.	This
189 13 chapter is not to be construed as encouraging separate
189 14 facilities or segregated programs designed to meet the needs
189 15 of children requiring special education when the children can
189 16 benefit from all or part of the education program as offered
189 17 by the local school district.	To the maximum extent possible,
189 18 children requiring special education shall attend regular
189 19 classes and shall be educated with children who do not require
189 20 special education.	Whenever possible, hindrances to learning
189 21 and to the normal functioning of children requiring special
189 22 education within the regular school environment shall be
189 23 overcome by the provision of special aids and services rather
189 24 than by separate programs for those in need of special
189 25 education.	Special classes, separate schooling, or other
189 26 removal of children requiring special education from the
189 27 regular educational environment, shall occur only when, and to
189 28 the extent that the nature or severity of the educational
189 29 disability is such, that education in regular classes, even
189 30 with the use of supplementary aids and services, cannot be

189	
31	
accomplished satisfactorily.	For those children who cannot	
189	32	adapt to the regular educational or home living conditions,	
189	33	and who are attending facilities under chapters 263, 269, and	
189	34	270, upon the request of the board of directors of an area	
189	35	education agency, the department of human services shall	
190	1	provide residential or detention facilities and the area	
190	2	education agency shall provide special education programs and	
190	3	services.	The area education agencies shall cooperate with	
190	4	the board of regents to provide the services required by this	
190	5	chapter.	
190	6	3.	Special aids and services shall be provided to children	
190	7	requiring special education who are less than five years of	
190	8	age if the aids and services will reasonably permit the child	
190	9	to enter the educational process or school environment when	
190	10	the child attains school age.	
190	11	4.	Every child requiring special education shall, if	
190	12	reasonably possible, receive a level of education commensurate	
190	13	with the level provided each child who does not require	
190	14	special education.	The cost of providing such an education	
190	15	shall be paid as provided in section 273.9, this chapter, and	
190	16	chapter 257.	It shall be the primary responsibility of each	
190	17	school district to provide special education to children who	
190	18	reside in that district if the children requiring special	
190	19	education are properly identified, the educational program or	
190	20	service has been approved, the teacher or instructor has been	
190	21	licensed, the number of children requiring special education	
190	22	needing that educational program or service is sufficient to	
190	23	make offering the program or service feasible, and the program	
190	24	or service cannot more economically and equably be obtained	
190	25	from the area education agency, another school district,	
190	26	another group of school districts, a qualified private agency,	
190	27	or in cooperation with one or more other districts.	
190	28	4.	5.	Moneys received by the school district of the	
190	29	child's residence for the child's education, derived from	
190	30	moneys received through chapter 257, this chapter, and section	
190	31	273.9 shall be paid by the school district of the child's	
190	32	residence to the appropriate education agency, private agency,	
190	33	or other school district providing special education for the	
190	34	child pursuant to contractual arrangements as provided in	
190	35	section 273.3, subsections 5 and 7 6.	
191	1	Sec. 224.	Section 321A.39, Code 2009, is amended to read	
191	2	as follows:	
191	3	321A.39	LIABILITY INSURANCE == STATEMENT.	
191	4	1.	Whenever any dealer licensed under chapter 322 sells a	
191	5	motor vehicle at retail and the transaction does not include	
191	6	the sale of liability insurance coverage which will protect	
191	7	the purchaser under the Iowa motor vehicle financial and	
191	8	safety responsibility Act the purchase order or invoice	
191	9	evidencing the transaction shall contain a statement in the	
191	10	following form:	
191	11	I understand that liability insurance coverage which would	
191	12	protect me under the Iowa Motor Vehicle Financial and Safety	
191	13	Responsibility Act IS NOT INCLUDED in my purchase of the	
191	14	herein described motor vehicle.	I have received a copy of	
191	15	this statement.	
191 16	......................
191 17	(Purchaser's signature)
191 18	2.	The seller shall print or stamp the statement
191 19 conspicuously on the purchase order or invoice.	The statement
191 20 shall be signed by the purchaser in the space provided on or
191 21 before the date of delivery of the motor vehicle described in
191 22 the purchase order or invoice and a copy of the statement
191 23 shall be given to the purchaser by the seller.
191 24	3.	No civil liability shall arise on account of the
191 25 failure of any person to comply with the provisions of this
191 26 section.
191 27	4.	Any person violating any provisions of this section
191 28 shall be deemed guilty of a misdemeanor and shall be punished
191 29 by a fine not exceeding fifty dollars.
191 30	Sec. 225.	Section 805.8A, subsection 12, paragraph e, Code
191 31 2009, is amended to read as follows:
191 32	e.	(1)	Violations of the schedule of axle and tandem axle
191 33 and gross or group of axle weight violations in section
191 34 321.463 shall be scheduled violations subject to the
35 provisions, procedures, and exceptions contained in sections
1 805.6 through 805.11, irrespective of the amount of the fine
192	2 under that schedule.
192	3	(a)	Violations of the schedule of weight violations shall
192	4 be chargeable, where the fine charged does not exceed one
192	5 thousand dollars, only by uniform citation and complaint.
6	(b)	Violations of the schedule of weight violations, where

192	
7	
the fine charged exceeds one thousand dollars shall, when the	
192	8	violation is admitted and section 805.9 applies, be chargeable	
192	9	upon uniform citation and complaint, indictment, or county	
192	10	attorney's information, but otherwise shall be chargeable only	
192	11	upon indictment or county attorney's information.	
192	12	(2)	In all cases of charges under the schedule of weight	
192	13	violations, the charge shall specify the amount of fine	
192	14	charged under the schedule.	Where a defendant is convicted	
192	15	and the fine under the foregoing schedule of weight violations	
192	16	exceeds one thousand dollars, the conviction shall be of an	
192	17	indictable offense although section 805.9 is employed and	
192	18	whether the violation is charged upon uniform citation and	
192	19	complaint, indictment, or county attorney's information.	
192	20	DIVISION III	
192	21	RELATED CHANGES	
192	22	Sec. 226.	Section 96.3, subsection 4, Code 2009, is	
192	23	amended to read as follows:	
192	24	4.	DETERMINATION OF BENEFITS.	With respect to benefit	
192	25	years beginning on or after July 1, 1983, an eligible	
192	26	individual's weekly benefit amount for a week of total	
192	27	unemployment shall be an amount equal to the following	
192	28	fractions of the individual's total wages in insured work paid	
192	29	during that quarter of the individual's base period in which	
192	30	such total wages were highest; the director shall determine	
192	31	annually a maximum weekly benefit amount equal to the	
192	32	following percentages, to vary with the number of dependents,	
192	33	of the statewide average weekly wage paid to employees in	
192	34	insured work which shall be effective the first day of the	
192	35	first full week in July:	
193	1	If the	The weekly	Subject to	
193	2	number of	benefit amount	the following	
193	3	dependents	shall equal	maximum	
193	4	is:	the following	percentage of	
193	5	fraction of high	the statewide	
193	6	quarter wages:	average	
193	7	weekly wage:	
193	8	0	1/23	53%	
193	9	1	1/22	55%	
193	10	2	1/21	57%	
193	11	3	1/20	60%	
193	12	4 or more	1/19	65%	
193	13	The maximum weekly benefit amount, if not a multiple of one	
193	14	dollar shall be rounded to the lower multiple of one dollar.	
193	15	However, until such time as sixty=five percent of the	
193	16	statewide average weekly wage exceeds one hundred ninety	
193	17	dollars, the maximum weekly benefit amounts shall be	
193	18	determined using the statewide average weekly wage computed on	
193	19	the basis of wages reported for calendar year 1981.	As used	
193	20	in this section "dependent" means dependent as defined in	
193	21	section 422.12, subsection 1, paragraph "c" "a", as if the	
193	22	individual claimant was a taxpayer, except that an individual	
193	23	claimant's nonworking spouse shall be deemed to be a dependent	
193	24	under this section.	"Nonworking spouse" means a spouse who	
193	25	does not earn more than one hundred twenty dollars in gross	
193	26	wages in one week.	
193	27	Sec. 227.	Section 147.1, subsection 5, paragraph e, Code	
193	28	2009, is amended to read as follows:	
193	29	e.	The board of trustees of a licensed hospital when	
193	30	performing a function relating to the reporting required by	
193 31 section 147.135, subsection 3 4.	
193	32	Sec. 228.	Section 203D.5, subsection 1, Code 2009, is	
193	33	amended to read as follows:	
34	1.	The board shall review annually the debits of and
35 credits to the grain depositors and sellers indemnity fund
1 created in section 203D.3 and shall make any adjustments in
194	2 the per=bushel fee required under section 203D.3, subsection
194	3 2, and the dealer=warehouse fee required under section 203D.3,
194	4 subsection 3, that are necessary to maintain the fund within
194	5 the limits established under this section.	Not later than the
194	6 first day of May of each year, the board shall determine the
194	7 proposed amount of the per=bushel fee based on the expected
194	8 volume of grain on which the fee is to be collected and that
194	9 is likely to be handled under this chapter, and shall also
194 10 determine any adjustment to the dealer=warehouse fee.	The
194 11 board shall make any changes in the previous year's fees in
194 12 accordance with chapter 17A.	Changes in the fees shall become
194 13 effective on the following first day of July.	The per=bushel
194 14 fee shall not exceed one=quarter cent per bushel on all
194 15 purchased grain as defined in section 203D.3 203D.1.	Until
194 16 the per=bushel fee is adjusted or waived as provided in this
194 17 section, the per=bushel fee is one=quarter cent on all

194	
18	
purchased grain.	
194	19	Sec. 229.	Section 216B.3, subsection 15, Code 2009, is	
194	20	amended to read as follows:	
194 21	15.	Develop a plan to provide telephone yellow pages	
194	22	information without charge to persons declared to be blind	
194	23	under the standards in section 422.12, subsection 1 2,	
194	24	paragraph "e" "a", subparagraph (5).	The department may apply	
194	25	for federal funds to support the service.	The program shall	
194	26	be limited in scope by the availability of funds.	
194	27	Sec. 230.	Section 236.6, subsection 1, Code 2009, is	
194	28	amended to read as follows:	
194	29	1.	When the court is unavailable from the close of	
194	30	business at the end of the day or week to the resumption of	
194	31	business at the beginning of the day or week, a petition may	
194	32	be filed before a district judge, or district associate judge	
194	33	designated by the chief judge of the judicial district, who	
194	34	may grant emergency relief in accordance with section 236.5,	
194	35	subsection 2 1, paragraph "b", if the district judge or	
195	1	district associate judge deems it necessary to protect the	
195	2	plaintiff from domestic abuse, upon good cause shown in an ex	
195	3	parte proceeding.	Present danger of domestic abuse to the	
195	4	plaintiff constitutes good cause for purposes of this	
195	5	subsection.	
195	6	Sec. 231.	Section 237.3, subsection 2, paragraph g,	
195	7	subparagraph (5), Code 2009, is amended to read as follows:	
195	8	(5)	Educational programs, including special education as	
195	9	defined in section 256B.2, subsection 2 1, paragraph "b",	
195	10	where appropriate, which are approved by the state board of	
195	11	education.	The department shall not promulgate rules which	
195	12	regulate individual licensees in the subject areas enumerated	
195	13	in this paragraph.	
195	14	Sec. 232.	Section 238.17, Code 2009, is amended to read as	
195	15	follows:	
195	16	238.17	FORMS FOR REGISTRATION AND RECORD == PRESERVATION.	
195	17	1.	The administrator shall prescribe forms for the	
195	18	registration and record of persons cared for by any	
195	19	child=placing agency licensed under this chapter and for	
195	20	reports required by said administrator from the agencies.	
195	21	2.	If, for any reason, a child=placing agency as defined	
195	22	by section 238.2 238.1 shall cease to exist, all records of	
195	23	registration and placement and all other records of any kind	
195	24	and character kept by such child=placing agency shall be	
195	25	turned over to the administrator, for preservation, to be kept	
195	26	by the said administrator as a permanent record.	
195	27	Sec. 233.	Section 256F.9, Code 2009, is amended to read as	
195	28	follows:	
195	29	256F.9	PROCEDURES AFTER REVOCATION == STUDENT ENROLLMENT.	
195	30	If a charter school contract is revoked in accordance with	
195	31	this chapter, a nonresident student who attended the school,	
195	32	and any siblings of the student, shall be determined to have	
195	33	shown good cause as provided in section 282.18, subsection 16	
195	34	14, and may submit an application to another school district	
195	35	according to section 282.18 at any time.	Applications and	
196	1	notices required by section 282.18 shall be processed and	
196	2	provided in a prompt manner.	The application and notice	
196	3	deadlines in section 282.18 do not apply to a nonresident	
196	4	student application under these circumstances.	
196	5	Sec. 234.	Section 306C.10, subsection 9, Code 2009, is	
196	6	amended to read as follows:	
196	7	9.	"Information center" means a site, either with or	
196	8	without structures or buildings, established and maintained at	
196	9	a rest area for the purpose of providing "information of	
196	10	specific interest to the traveling public", as that phrase is	
196	11	defined in section 306C.11, subsection 5 306C.10.	
196	12	Sec. 235.	Section 313.4, subsection 6, paragraph a, Code	
196	13	2009, is amended to read as follows:	
196	14	a.	A transfer of jurisdiction fund is created in the	
196	15	office of the treasurer of state under the control of the	
196	16	department.	For each fiscal year in the period beginning July	
196	17	1, 2003, and ending June 30, 2013, there is transferred from	
196	18	the primary road fund to the transfer of jurisdiction fund one	
196	19	and seventy=five hundredths percent of the moneys credited to	
196	20	the primary road fund pursuant to section 312.2, subsection 1,	
196 21 paragraph "a".	
196 22	Sec. 236.	Section 313.4, subsection 7, unnumbered
196 23 paragraph 1, Code 2009, is amended to read as follows:
196 24	For the fiscal year beginning July 1, 2013, and ending June
196 25 30, 2014, and each subsequent fiscal year, there is
196 26 transferred the following percentages of the moneys credited
196 27 to the primary road fund pursuant to section 312.2, subsection
196 28 1, paragraph "a", to the following funds:

196	
29	
Sec. 237.	Section 314.21, subsection 1, Code 2009, is	
196	30	amended to read as follows:	
196 31	1.	a.	The living roadway trust fund is created in the
196 32 office of the treasurer of state.	The moneys in this fund
196 33 shall be used exclusively for the development and
196 34 implementation of integrated roadside vegetation plans.
35 Except as provided in subsections 2 and 3, the moneys shall
1 only be expended for areas on or adjacent to road, street, and
197	2 highway right=of=ways.	The state department of transportation
197	3 in consultation with the department of natural resources shall
197	4 establish standards relating to the type of projects available
197	5 for assistance.	For the fiscal period beginning July 1, 1988,
197	6 and ending March 31, 1990, the moneys in the fund shall be
197	7 expended as follows:	fifty=six percent on state department of
197	8 transportation projects; thirty percent on county projects;
197	9 and fourteen percent on city projects.
197 10	b.	A city or county which has a project which qualifies
197 11 for the use of these funds shall submit a request for the
197 12 funds to the state department of transportation.	A city or
197 13 county may, at its option, apply moneys allocated for use on
197 14 city or county projects under this subsection toward
197 15 qualifying projects on the primary system.	The state
197 16 department of transportation in consultation with the
197 17 department of natural resources shall determine which projects
197 18 qualify for the funds and which projects shall be funded if
197 19 the requests for the funds exceed the availability of the
197 20 funds.	In ranking applications for funds, the department
197 21 shall consider the proportion of political subdivision
197 22 matching funds to be provided, if any, and the proportion of
197 23 private contributions to be provided, if any.	In considering
197 24 the proportion of political subdivision matching funds
197 25 provided, the department shall consider only those moneys
197 26 which are in addition to those which the political subdivision
197 27 has historically provided toward such projects.	Funds
197 28 allocated to the cities, the counties, and the department
197 29 which are not programmed by the end of each fiscal year shall
197 30 be available for redistribution to any eligible applicant
197 31 regardless of the original allocation of funds.	Such funds
197 32 shall be awarded for eligible projects based upon their merit
197 33 in meeting the program objectives established by the
197 34 department under section 314.22.	The department shall submit
35 a report of all projects funded in the previous fiscal year to
1 the governor and to the general assembly on January 15 of each
198	2 year.
198	3	c.	Beginning April 1, 1990, the moneys in the living
198	4 roadway trust fund shall be allocated between the state,
198	5 counties, and cities in the same proportion that the road use
198	6 tax funds are allocated under section 312.2, subsections
198	7 subsection 1, 2, 3, and 4 paragraphs "a", "b", "c", and "d".
198	8 However, after April 1, 1990, a city or county shall not be
198	9 eligible to receive moneys from the living roadway trust fund
198 10 unless the city or county has an integrated roadside
198 11 vegetation management plan in place consistent with the
198 12 objectives in section 314.22.
198 13	Sec. 238.	Section 321.233, Code 2009, is amended to read
198 14 as follows:
198 15	321.233	ROAD WORKERS EXEMPTED.
198 16	This chapter, except sections 321.277 and 321.280, does not
198 17 apply to persons and motor vehicles and other equipment while
198 18 actually engaged in work upon the surface of a highway
198 19 officially closed to traffic but does apply to such persons
198 20 and vehicles when traveling to or from such work.	The minimum
198 21 speed restriction of section 321.285, subsection 6 5, and the
198 22 provisions of sections 321.297, 321.298, and 321.323 do not
198 23 apply to road workers operating maintenance equipment on
198 24 behalf of any state or local authority while engaged in road
198 25 maintenance, road blading, snow and ice control and removal,
198 26 and granular resurfacing work on a highway, whether or not the
198 27 highway is closed to traffic.
198 28	Sec. 239.	Section 327G.30, Code 2009, is amended to read
198 29 as follows:
198 30	327G.30	ADJUSTMENT OF EXPENSE.
198 31	1.	If a grade crossing surface of a railroad track and a
198 32 highway, street, or alley shall require repairs or
198 33 maintenance, the costs for the maintenance may be paid as
198 34 provided in section 312.2, subsection 5 2.
35	2.	If the railroad corporation and the jurisdiction having
1 authority agree on the method of crossing maintenance and
199	2 establish an agreement to each contribute costs as provided in
199	3 section 312.2, subsection 5 2, a copy of the agreement shall
199	4 be filed with the department which shall allocate an amount of

199	
5	
the cost for the work if funds are available in the highway	
199	6	railroad grade crossing surface repair fund.	The department	
199	7	shall make appropriate notification if the fund is exhausted	
199	8	in which case agreements shall not be made under this section	
199	9	until additional funds are available.	The fund shall be	
199	10	administered by the department.	
199	11	3.	Upon completion of the agreed repair work, a statement	
199	12	of costs shall be filed with the department by the railroad	
199	13	corporation in a form and manner prescribed by the department.	
199	14	The department, upon approval of the statement, shall pay to	
199	15	the railroad corporation an amount of the cost of the work	
199	16	from the highway railroad grade crossing surface repair fund	
199	17	as provided in section 312.2, subsection 5 2.	The owner of	
199	18	the track and the jurisdiction entering into the agreement	
199	19	shall each pay the cost as provided in section 312.2,	
199	20	subsection 5 2.	
199	21	Sec. 240.	Section 331.362, subsection 9, Code 2009, is	
199	22	amended to read as follows:	
199	23	9.	A county may regulate traffic on and use of the	
199	24	secondary roads, in accordance with sections 321.236 to	
199	25	321.250, 321.254, 321.255, 321.285, subsection 5 4, sections	
199	26	321.352, 321.471 to 321.473, and other applicable provisions	
199	27	of chapter 321, and sections 321G.9, 321I.10, and 327G.15.	
199 28	Sec. 241.	Section 422.8, subsection 4, Code 2009, is
199 29 amended to read as follows:
199 30	4.	The amount of minimum tax paid to another state or
199 31 foreign country by a resident taxpayer of this state from
199 32 preference items derived from sources outside of Iowa shall be
199 33 allowed as a credit against the tax computed under this
199 34 division except that the credit shall not exceed what the
35 amount of state alternative minimum tax would have been on the
1 same preference items which were taxed by the other state or
200	2 foreign country.	The limitation on this credit shall be
200	3 computed according to the following formula:	The total of
200	4 preference items earned outside of Iowa and taxed by another
200	5 state or foreign country shall be divided by the total of
200	6 preference items of the resident taxpayer of Iowa.	In
200	7 computing this quotient, those items excludable under section
200	8 422.5, subsection 1 2, paragraph "k" "b", subparagraph (1)
200	9 shall not be used in computing the preference items.	This
200 10 quotient multiplied times the net state alternative minimum
200 11 tax as determined in section 422.5, subsection 1 2, paragraph 200 12 "k" on the total of preference items as if entirely earned in
200 13 Iowa shall be the maximum tax credit against the Iowa
200 14 alternative minimum tax.	However, the maximum tax credit will
200 15 not be allowed to the extent that the minimum tax imposed by
200 16 the other state or foreign country is less than the maximum
200 17 tax credit computed above.
200 18	Sec. 242.	Section 422.11B, Code 2009, is amended to read
200 19 as follows:
200 20	422.11B	MINIMUM TAX CREDIT.
200 21	1.	a.	There is allowed as a credit against the tax
200 22 determined in section 422.5, subsection 1, paragraphs "a"
200 23 through "j" for a tax year an amount equal to the minimum tax
200 24 credit for that tax year.
200 25	b.	The minimum tax credit for a tax year is the excess, if
200 26 any, of the net minimum tax imposed for all prior tax years
200 27 beginning on or after January 1, 1987, over the amount
200 28 allowable as a credit under this section for those prior tax
200 29 years.
200 30	2.	a.	The allowable credit under subsection 1 for a tax
200 31 year shall not exceed the excess, if any, of the tax
200 32 determined in section 422.5, subsection 1, paragraphs "a"
200 33 through "j" over the state alternative minimum tax as
200 34 determined in section 422.5, subsection 1, paragraph "k" 2.
35	b.	The net minimum tax for a tax year is the excess, if
1 any, of the tax determined in section 422.5, subsection 1 2,
201	2 paragraph "k" for the tax year over the tax determined in
201	3 section 422.5, subsection 1, paragraphs "a" through "j" for
201	4 the tax year.
201	5	Sec. 243.	Section 422.13, subsection 1, paragraph c, Code
201	6 2009, is amended to read as follows:
201	7	c.	However, if that part of the net income of a
201	8 nonresident which is allocated to Iowa pursuant to section
201	9 422.8, subsection 2, is less than one thousand dollars the
201 10 nonresident is not required to make and sign a return except
201 11 when the nonresident is subject to the state alternative
201 12 minimum tax imposed pursuant to section 422.5, subsection 1,
201 13 paragraph "k" 2.
201 14	Sec. 244.	Section 422.13, subsection 1A, Code 2009, is
15 amended to read as follows:

201	
16	
1A.	Notwithstanding any other provision in this section, a	
201	17	resident of this state is not required to make and file a	
201	18	return if the person's net income is equal to or less than the	
201	19	appropriate dollar amount listed in section 422.5, subsection	
201	20	2 3, upon which tax is not imposed.	A nonresident of this	
201	21	state is not required to make and file a return if the	
201	22	person's total net income in section 422.5, subsection 1,	
201	23	paragraph "j", is equal to or less than the appropriate dollar	
201	24	amount provided in section 422.5, subsection 2 3, upon which	
201	25	tax is not imposed.	For purposes of this subsection, the	
201	26	amount of a lump sum distribution subject to separate federal	
201	27	tax shall be included in net income for purposes of	
201	28	determining if a resident is required to file a return and the	
201	29	portion of the lump sum distribution that is allocable to Iowa	
201	30	is included in total net income for purposes of determining if	
201	31	a nonresident is required to make and file a return.	
201	32	Sec. 245.	Section 437A.14, subsection 4, Code 2009, is	
201	33	amended to read as follows:	
201	34	4.	a.	Notwithstanding subsections 2 and 3, the chief	
201	35	financial officer of any local taxing authority and any	
202	1	designee of such officer shall have access to any computations	
202	2	made by the director pursuant to the provisions of this	
202	3	chapter, and any tax return or other information used by the	
202	4	director in making such computations, which affect the	
202	5	replacement tax owed by any such taxpayer.	
6	b.	Notwithstanding this section, providing information
202	7 relating to the kilowatt=hours of electricity or therms of
202	8 natural gas delivered by a taxpayer in a competitive service
202	9 area to the task force established in section 437A.15,
202 10 subsection 7, or to the study committee established in section 202 11 476.6, subsection 20, is not a violation of this section.
202 12	Sec. 246.	Section 455B.178, Code 2009, is amended to read
202 13 as follows:
202 14	455B.178	JUDICIAL REVIEW.
202 15	Except as provided in section 455B.191, subsection 6 5,
202 16 judicial review of any order or other action of the commission
202 17 or of the director may be sought in accordance with the terms
202 18 of the Iowa administrative procedure Act, chapter 17A.
202 19 Notwithstanding the terms of said Act, petitions for judicial
202 20 review may be filed in the district court of the county in
202 21 which the alleged offense was committed or such final order
202 22 was entered.
202 23	Sec. 247.	Section 600A.2, subsection 2, Code 2009, is
202 24 amended to read as follows:
202 25	2.	"Agency" means a child=placing agency as defined in
202 26 section 238.2 238.1 or the department.
202 27	Sec. 248.	Section 600A.6B, subsections 1 and 2, Code 2009,
202 28 are amended to read as follows:
202 29	1.	A person filing a petition for termination of parental
202 30 rights under this chapter or the person on whose behalf the
202 31 petition is filed shall be responsible for the payment of
202 32 reasonable attorney fees for counsel appointed pursuant to
202 33 section 600A.6A unless the person filing the petition is a
202 34 private child=placing agency as defined in section 238.2 238.1
35 or unless the court determines that the person filing the
1 petition or the person on whose behalf the petition is filed
203	2 is indigent.
203	3	2.	If the person filing the petition is a private
203	4 child=placing agency as defined in section 238.2 238.1 or if
203	5 the person filing the petition or the person on whose behalf
203	6 the petition is filed is indigent, the appointed attorney
203	7 shall be paid reasonable attorney fees as determined by the
203	8 state public defender.
203	9	DIVISION IV
203 10	EFFECTIVE DATES
203 11	Sec. 249.	EFFECTIVE DATES.
203 12	1.	The section of this Act that amends section 294A.9,
203 13 subsection 9, Code 2009, being deemed of immediate importance,
203 14 takes effect upon enactment.
203 15	2.	The section of this Act that amends 2008 Iowa Acts,
203 16 chapter 1191, section 109, being deemed of immediate
203 17 importance, takes effect upon enactment and applies
203 18 retroactively to July 1, 2008.
203 19	EXPLANATION
203 20	This bill contains statutory corrections that adjust
203 21 language to reflect current practices, insert earlier
203 22 omissions, delete redundancies and inaccuracies, delete
203 23 temporary language, resolve inconsistencies and conflicts,
203 24 update ongoing provisions, or remove ambiguities.	The Code
203 25 sections amended include the following:
203 26	DIVISION I == MISCELLANEOUS PROVISIONS.	Code section

203 27 6B.14:	Strikes the word "aforesaid" and adds after the word
203 28 "notices" the words "required by" and a citation to Code
203 29 section 6B.8, to clarify just which notices are being referred
203 30 to in this Code section.
203 31	Code sections 9D.1 and 9D.2:	Moves a definition that
203 32 applies to the entire Code chapter, from Code section 9D.2,
203 33 and places it in alphabetical order with other definitions at
203 34 the beginning of the Code chapter, precedes the listing of
35 definitions with the standard phrasing relating to
1 applicability of the definitions, and renumbers the
204	2 definitions.	Code section 9D.2 is also renumbered and
204	3 internal references are updated due to the elimination of the
204	4 definition from that Code section.
204	5	Code section 10.1:	Changes the word "that" to "each" to
204	6 conform the language relating to percentage of ownership by
204	7 farmers cooperative associations to the initial language in
204	8 the same sentence that indicates that more than one type of
204	9 membership interest may be established.
204 10	Code section 15.103:	Adds clarifying language in two
204 11 places to specify that the requirements relating to expertise
204 12 and active employment apply to the voting membership of the
204 13 economic development board.
204 14	Code section 15.247(2):	Adds the name of the targeted
204 15 small business financial assistance program to the enabling
204 16 language for the program, moves some language, and adds
204 17 paragraph designations.
204 18	Code section 16.1(1):	Substitutes the word "which" for the
204 19 word "and" and strikes an extraneous modifying phrase to
204 20 clarify the meaning of the word "powers" within the Code
204 21 chapter pertaining to the Iowa finance authority.
204 22	Code section 24.20:	Substitutes a singular reference for a
204 23 plural reference to municipalities and adds the words "tax
204 24 rates and levies" after the word "such" to clarify that the
204 25 tax rates and levies certified by a given municipality are the
204 26 rates and levies for that particular municipality, unless the
204 27 particular rates or levies must be authorized by a vote of the
204 28 people.
204 29	Code section 26.14:	Conforms phraseology relating to
204 30 determination of which bid is the lowest responsible bid on a
204 31 public improvement to other language that states that the bid
204 32 must be the lowest responsive, responsible bid.
204 33	Code section 42.3:	Clarifies, in language in subsection 1,
204 34 paragraph "b", that provides that certain deadlines may be
35 extended, which dates and deadlines are actually intended.
1 Current language specifies the entire subsection, although the
205	2 dates that are to be extended under this paragraph are located
205	3 in paragraph "a".	In addition, in subsection 2, language is
205	4 moved from the end of the sentence to a location which is
205	5 closer to the verb "transmit" to clarify that the language in
205	6 subsection 1 references the time frame in which the
205	7 transmission of information by the chief clerk of the house of
205	8 representatives or the secretary of the senate should occur
205	9 and not the reasons why the reapportionment plan was not
205 10 approved.
205 11	Code section 46.2A:	Substitutes references to Code chapter
205 12 40 for Code chapter 42 in two places, because the
205 13 congressional districts are described in Code chapter 40, not
205 14 Code chapter 42.
205 15	Code section 49.36:	Strikes the words "the foregoing" and
205 16 adds a cite to Code sections 49.32 and 49.35 to clarify in
205 17 which Code sections the phrase "group of petitioners" means an
205 18 organization which is not a political party as defined by law.
205 19	Code section 52.25(2):	Strikes words relating to special
205 20 paper and inserts used in voting machines to conform to
205 21 changes made in 2007 Iowa Acts, chapter 190.
205 22	Code sections 62.1A and 62.2:	Substitutes references to
205 23 the term "member" for references to "person" and "judge" or
205 24 "judges" and "officer" to conform terminology within this
205 25 provision to language used in Code chapter 61 to describe the
205 26 contest court that hears disputes concerning the election of
205 27 state officers and to distinguish references to the members of
205 28 the contest court from members of the judiciary.	A
205 29 grammatical problem is also corrected in Code section 62.2.
205 30	Code section 68B.22(4):	Conforms the term used to describe
205 31 an exception to a provision describing when a gift to a public
205 32 official or employee may be permitted to the term used in the
205 33 provision describing the exception for certain legislative
205 34 functions.	This conforms this Code subsection to the changes
35 made by 2005 Iowa Acts, chapter 76, section 5.
1	Code section 73.16(2):	Strikes an obsolete reference to an
206	2 initial quarterly report that was required to be made by state

206	3 government agencies or departments to the targeted small
206	4 business marketing and compliance manager on September 30, 206	5 2007.
206	6	Code section 75.1(1):	Substitutes the word "Ballots" for
206	7 "All ballots" and the word "but" for the word "and" to clarify
206	8 which ballots are not to be used to compute the total number
206	9 of votes for and against a proposition to authorize the
206 10 issuance of bonds by a city, county township, school
206 11 corporation, or any local board or commission.
206 12	Code section 85.59:	Numbers a provision and restructures
206 13 language establishing definitions within a provision
206 14 establishing when workers' compensation benefits may be
206 15 awarded to inmates of a correctional institution to facilitate
206 16 citation.
206 17	Code section 85.66:	Conforms capitalization of the name of
206 18 the fund to Code style and numbers this provision establishing
206 19 the second injury fund to facilitate citation; substitutes a
206 20 reference to identical language in another Code section for
206 21 language specifying the amount that is to be reimbursed to the
206 22 attorney general for services related to the second injury
206 23 fund to eliminate the redundancy; and moves language regarding
206 24 investments of surplus moneys by the treasurer of state to a
206 25 location in the Code section which follows multiple provisions
206 26 relating to disbursements by the treasurer from the fund.
206 27	Code section 89.11:	Numbers this provision containing two
206 28 separate instances in which the labor commissioner may seek an
206 29 injunction against an owner, user, or person in charge of
206 30 defective equipment and clarifies the second instance by
206 31 adding conforming language relating to conduct from which the
206 32 owner, user, or person is requested to be enjoined and
206 33 conforming language describing the point in time in which the
206 34 injunction may be sought.
35	Code section 96.19(17):	Adds language conforming a
1 reference to "the foregoing provisions" to other references
207	2 within this Code subsection to "subsection 16 or section 96.8,
207	3 subsection 3".
207	4	Code section 100B.1(1):	Adds the word "voting" to this
207	5 provision to clarify that these particular public members of
207	6 the state fire service and emergency response council are
207	7 voting members of the council.	This change is consistent with
207	8 initial language in this Code section specifying that the
207	9 council has 11 voting members and one ex officio member.
207 10	Code section 100C.3(2):	Strikes the word "not" and
207 11 substitutes the word "confidential" for the word "public" to
207 12 clarify that the criminal history check results are
207 13 confidential public records under the public records law.
207 14 This change is consistent with Code section 692.8A, which
207 15 governs the dissemination of criminal history records under
207 16 the public records chapter, Code chapter 22.
207 17	Code section 103.15(2):	Rewrites the language referring to
207 18 continuous employment of an employee to conform with changes
207 19 made to that language by 2008 Iowa Acts, chapter 1092, section
207 20 20.
207 21	Code section 103.30:	Adds the words "the employees are" to
207 22 clarify that the time frame during which the electrical work
207 23 of certain employees is not required to be inspected is when
207 24 those employees are acting within the scope of their
207 25 employment.
207 26	Code section 125.86(3):	Conforms terminology used in
207 27 language added to both this provision and Code section 229.15,
207 28 subsection 2, by 2008 Iowa Acts, chapter 1082, to the
207 29 terminology used to describe the persons and process used for
207 30 hospitalization of persons for substance abuse treatment.
207 31	Code section 135.1(4):	Strikes, within the definition of
207 32 the term "physician" in the Code chapter relating to the
207 33 department of public health, a phrase that refers to
207 34 designations to be used by persons licensed as osteopaths.
35 Code chapter 150, which provided for the licensing of
1 osteopaths, was repealed by 2008 Iowa Acts, chapter 1088.
208	2	Code section 135.17(1):	Strikes the words "or 150" to
208	3 conform to the changes made in 2008 Iowa Acts, chapter 1088.
208	4 The Code chapters relating to osteopathy and osteopathic
208	5 medicine and surgery were repealed in that Act, but those
208	6 persons licensed to perform osteopathic medicine and surgery
208	7 under former Code chapter 150A were subsumed into Code chapter
208	8 148 (licensing procedures).
208	9	Code section 135.24(6):	Adds a reference to the licensing
208 10 of speech pathologists and audiologists to the list of other
208 11 licensed health care providers regulated by boards of those
208 12 particular professions and under the jurisdiction of the
208 13 department of public health.

208 14	Code section 135.37(6):	Conforms language relating to
208 15 inspections and enforcement activities of the local boards of
208 16 health with respect to tattooing establishments with earlier
208 17 language describing an intent to avoid duplication of those
208 18 efforts with the same efforts by the department of public
208 19 health.
208 20	Code section 135.159:	Strikes language referencing the
208 21 licensing of physicians pursuant to Code chapter 150 to
208 22 conform with changes made by 2008 Iowa Acts, chapter 1088,
208 23 which placed osteopathic physicians together with physicians
208 24 who possess an M.D. under the Code chapter 148 licensing
208 25 procedures and the authority of the board of medicine.
208 26	Code sections 135B.20, 136C.1, 136C.3, 142.1, 142C.2, and
208 27 162.2:	Replaces the term "osteopathy" with the term
208 28 "osteopathic medicine" to correct a terminology change
208 29 oversight in 2008 Iowa Acts, chapter 1088.
208 30	Code section 135C.33(5):	Corrects a reference by name to
208 31 the homemaker=home health aide services program in language
208 32 relating to child or dependent adult abuse and criminal record
208 33 checks.
208 34	Code section 137F.3A(1):	Restructures and renumbers
35 language enumerating the conditions which must be met before
1 the department of inspections and appeals may employ
209	2 additional persons to enforce the provisions of the hotel
209	3 sanitation, home food establishment, and food establishment
209	4 and food processing plant Code chapters.
209	5	Code section 137F.6(1):	Restructures language relating to
209	6 license fees charged to food establishments to conform to the
209	7 style of other provisions within this subsection.
209	8	Code section 142A.3:	Restructures and renumbers language
209	9 establishing the commission on tobacco use prevention and
209 10 control and the advisory council to the commission.
209 11	Code section 144.14:	Renumbers and conforms the phrase "of
209 12 finding" to the phrase "the child was found" which is used
209 13 elsewhere in the provision relating to reports and
209 14 certificates of birth for foundlings.
209 15	Code section 144C.2(3) and 144C.3(4):	Changes the term
209 16 "assisted living program facility" to the term "assisted
209 17 living program" to conform the terminology used in Code
209 18 chapter 144C, which relates to final disposition of human
209 19 remains, with the terminology used in Code chapter 231C to
209 20 describe certified programs which provide housing with
209 21 services for assisted living.
209 22	Code section 147.14:	Replaces a reference to Code chapter
209 23 147 with a reference to Code chapter 155 in language that
209 24 excludes persons licensed as nursing home administrators from
209 25 being public members of the board for nursing home
209 26 administrators to conform to changes made by 2008 Iowa Acts,
209 27 chapter 1088.
209 28	Code section 147.55:	Rewrites the first paragraph in this
209 29 provision to clarify that, although a licensee's license may
209 30 be suspended or revoked if a licensee commits one of the
209 31 enumerated acts or offenses, the licensee as an individual
209 32 would be subject to discipline by the board for the licensee's
209 33 profession.
209 34	Code section 147.80:	Adds language relating to
35 registration and certification of health care professionals to
1 reflect the fact that some of the health care professionals
210	2 regulated under Code chapter 147 and other Code chapters
210	3 register with or are issued a certificate by their respective
210	4 boards, instead of being licensed.	This addition clarifies
210	5 that all of the health care profession boards have the same
210	6 authority to verify a practitioner's status before the board.
210	7	Code section 147.85:	Updates language relating to
210	8 impersonation of a health care practitioner to conform to
210	9 other provisions throughout the Code, including Code sections 210 10 80.6, 103.38, 103.39, 155A.20, 169.18, 206.11, 341A.17,
210 11 542B.25, 542B.27, and 544A.15, which deal with impersonation
210 12 of various professionals, officials, or public employees.
210 13	Code section 147.135:	Strikes references to "chapter 150,
210 14 or chapter 150A" to conform to the changes regarding physician
210 15 licensure in 2008 Iowa Acts, chapter 1088.
210 16	Code section 148.2A(2):	Strikes the word "members" in
210 17 language relating to licensure of persons who may constitute a
210 18 member of a hearing panel for the board of medicine because of
210 19 the use of alternate members in the creation of the membership
210 20 of the hearing panels.	Alternate members of the board of
210 21 medicine are only members of the hearing panel and not
210 22 otherwise "members of board" within the meaning of Code
210 23 section 148.2A.
210 24	Code section 148.3(2):	Strikes the words "and collected by

210 25 the board and transmitted to" because the board of medicine
210 26 members do not themselves act as the collection agents for
210 27 unpaid license and renewal fees although the fees are paid to
210 28 the board.
210 29	Code section 148.6(2):	Renumbers language relating to
210 30 investigations by the board of medicine based on allegations
210 31 of inability to practice medicine and surgery or osteopathic
210 32 medicine and surgery due to illness, substance abuse, or other
210 33 mental or physical condition.
210 34	Code section 148.14:	Adds a reference to Code chapter 147
35 within the provision authorizing the appointment of
1 investigators for the board of medicine to correspond with
211	2 provisions in Code chapter 147 that provide for the common
211	3 power and responsibility for all of the health care profession
211	4 boards to perform various activities and duties.
211	5	Code section 148A.7:	Numbers language internally in this
211	6 Code section prohibiting false use of titles by persons and
211	7 entities providing health care services.
211	8	Code sections 153.14 and 154B.5:	Replaces the term
211	9 "osteopaths" with the term "osteopathic physicians" to correct
211 10 a terminology change oversight in 2008 Iowa Acts, chapter 211 11 1088.
211 12	Code sections 154A.6 and 155.17:	Renumbers and changes a
211 13 reference to "such" information to a reference to information
211 14 "in violation of subsection 1" to eliminate unnumbered
211 15 paragraphs and to clarify what type of communication is
211 16 criminalized.
211 17	Code section 154C.3(1)(c)(5):	Letters an unnumbered
211 18 paragraph in a provision relating to supervision of persons
211 19 who are applying for a license as an independent social worker
211 20 and renumbers the balance of the provision.
211 21	Code section 154F.2:	Adds a reference to "osteopathic
211 22 physician" after the word "physician" to conform with changes
211 23 made by 2008 Iowa Acts, chapter 1088, in language relating to
211 24 the conducting of hearing tests.
211 25	Code section 155.2(1):	Adds the words "this chapter and"
211 26 in language relating to qualifications for public membership
211 27 on the board for nursing home administrators because nursing
211 28 home administrators are licensed pursuant to Code chapters 147 211 29 and 155.
211 30	Code section 155A.15(2):	Numbers an unnumbered paragraph,
211 31 containing an exception to prohibitions against delivery of
211 32 prescription drugs or devices with authorization to allow the
211 33 furnishing of prescription drugs to licensed health care
211 34 facilities for storage in secured emergency medical supplies,
35 to include the paragraph within a series of exceptions to
1 prohibitions against delivery prescription drugs to a person
212	2 without legal authorization.	The initial language which
212	3 clarified that the former unnumbered paragraph was an
212	4 exception was deleted to conform the provision to the style of
212	5 the other exceptions.
212	6	Code sections 158.1 and 158.2:	Redrafts language in Code
212	7 section 158.1 by conforming language defining what practices
212	8 constitute "barbering" to the standard style used in
212	9 definitions throughout the Code and by moving a prohibition
212 10 from the end of the definition to Code section 158.2, which
212 11 contains similar prohibitions.
212 12	Code section 159A.4:	Reorganizes and renumbers provisions
212 13 establishing the renewable fuels and coproducts advisory
212 14 committee to group like subject matters together and clarify
212 15 which of the members are voting members.
212 16	Code section 161.1:	Changes the word "section" to
212 17 "chapter" to clarify that the entire chapter is what is known
212 18 as the "Iowa Agrichemical Remediation Act".
212 19	Code section 161F.6:	Reorganizes and numbers this
212 20 provision by separating applicability provisions from
212 21 definitions, grouping applicability provisions together in one
212 22 subsection, and breaking the definitions into a lettered list
212 23 within the other subsection.
212 24	Code section 166D.10:	Reorganizes and renumbers this
212 25 provision to separate out the rules and the exceptions
212 26 enumerated for the sale, lease, exhibition, loan, movement, or
212 27 relocation of swine within this state.
212 28	Code section 169.5:	Reorganizes, updates, and renumbers
212 29 this provision establishing the board for veterinary medicine.
212 30	Code section 175B.4:	Adds the word "other" before the word
212 31 "programs" to clarify that, in addition to the Iowa farmers'
212 32 market nutrition program, the department of agriculture and
212 33 land stewardship may provide other programs to promote the
212 34 purposes of the federal farmers' market nutrition program.
35	Code section 190.12:	Numbers provisions relating to

1 bacterial and coliform limits in frozen desserts and clarifies
213	2 that the limitations on finding certain levels in samples
213	3 apply to all of the standards set out in the table contained
213	4 in this Code section.
213	5	Code section 191.6:	Updates the name of the federal agency
213	6 and the Code of federal regulations citation pertaining to the
213	7 standards for oleo, oleomargarine, or margarine that is
213	8 manufactured or sold in this state to reflect the name of the
213	9 current federal agency in charge of setting that type of
213 10 standard and the currently applicable federal regulations.
213 11	Code section 200.14:	Updates language and letters
213 12 unnumbered paragraphs within this provision relating to the
213 13 adoption of rules regarding safety standards for use of
213 14 anhydrous ammonia by the secretary of agriculture.
213 15	Code section 203C.18:	Changes a reference from "the Act"
213 16 to "this chapter" to reflect the fact that Code chapter 203C
213 17 is the Iowa warehouse Act.
213 18	Code sections 203D.1 and 203D.3:	Moves a definition of the
213 19 term "purchased grain" from Code section 203D.3 to Code
213 20 section 203D.1 and places it in alphabetical order with other
213 21 definitions for Code chapter 203D.
213 22	Code section 206.6(5):	Adds paragraph designations to
213 23 eliminate unnumbered paragraphs and then adds the words "a
213 24 nonresident person is" to complete and clarify a sentence in a
213 25 paragraph that limits when the secretary of agriculture may
213 26 adopt rules for issuing an aviation license to a nonresident
213 27 person to those situations when the nonresident is engaged in
213 28 the aerial application of pesticides.
213 29	Code section 207.15(1), (2), and (5):	Adds paragraph
213 30 designations to eliminate unnumbered paragraphs and
213 31 substitutes the words "account for" for the word "consider" to
213 32 clarify that the division of soil conservation of the
213 33 department of agriculture and land stewardship may reassess
213 34 any penalty if necessary to account for facts that were not
35 available when the original assessment was made.
1	Code section 216.8A(3):	Restructures a sentence relating
214	2 to nondiscriminatory conditions that may be imposed by a
214	3 landlord in a renter's agreement to conform the provision with
214	4 the balance of the paragraph that establishes what constitutes
214	5 discrimination in housing.
214	6	Code section 216.16:	Renumbers and restructures a portion
214	7 of this section relating to the issuance of a 60=day
214	8 administrative release by the civil rights commission to break
214	9 the reasons that a release will not be issued into a numbered
214 10 list.
214 11	Code section 216E.7:	Substitutes a Code chapter reference
214 12 to Code chapter 154F to reflect changes made by 2008 Iowa
214 13 Acts, chapter 1088, to shift authority and responsibilities
214 14 for licensing of audiologists from Code chapter 147 to 154F.
214 15	Code section 229.15:	Strikes references to Code chapters
214 16 150 and 150A to conform to changes made regarding physician
214 17 licensure in 2008 Iowa Acts, chapter 1088, in language
214 18 establishing the conditions under which a psychiatric advanced
214 19 registered nurse practitioner may complete a periodic report
214 20 on a patient who has been hospitalized due to chronic mental
214 21 illness.
214 22	Code sections 235.1, 238.1, and 238.2:	Consolidates,
214 23 duplicates, and relocates various definitions to clarify that
214 24 definitions contained in Code chapter 235 are also applicable
214 25 in Code chapter 238.	In Code section 235.1, a paragraph
214 26 containing definitions that apply in this chapter governing
214 27 child welfare and Code chapter 238 is split and the
214 28 definitions are placed into an alphabetical, numbered list.
214 29 The definitions of the terms "state division",
214 30 "administrator", and "child" from Code section 235.1 are added
214 31 to Code section 238.1, along with a definition of
214 32 "child=placing agency" which is taken from Code section 238.2,
214 33 and all of the definitions are placed in an alphabetical,
214 34 numbered list.	Code section 238.2 is then repealed as
35 redundant.
215	1	Code sections 235B.3A, 235E.3, 236.12, and 709.22:
2 Conforms, in several notice provisions, a provision that
215	3 describes additional information that must be given to victims
215	4 of certain crimes relating to shelters, support groups, and
215	5 crisis lines operating in the area by striking a paragraph
215	6 that follows a description of the contents of a statement of
215	7 rights and subsuming the contents of that paragraph into the
215	8 paragraph which precedes that statement description.
215	9	Code section 235E.2(13)(a):	Adds language referencing an
215 10 employee organization in two places which express conditions
215 11 and in which the term "union representative" appears, to

215 12 conform the language to language that appears earlier in this
215 13 paragraph that provides that an employee organization or union
215 14 representative may observe the investigative interview of an
215 15 alleged dependent adult abuser under certain conditions.
215 16	Code section 235E.4:	Clarifies, by adding the word
215 17 "where", that Code sections 235B.4 through 235B.20, to the
215 18 extent that they are not inconsistent with Code chapter 235E,
215 19 apply to Code chapter 235E.
215 20	Code section 249A.6(1)(a):	Corrects a drafting error in
215 21 the language in this subparagraph by changing the reference to
215 22 "paragraph "a"" to a reference to subparagraph (1), which
215 23 refers to the rights to payments of medical care referred to
215 24 in this subparagraph.
215 25	Code section 252B.5(8):	Letters unnumbered paragraphs and
215 26 deletes an obsolete phrase relating to adoption of rules by
215 27 the department of human services regarding review of requests
215 28 for modification of support obligations.
215 29	Code section 256D.2A:	Adds the term "budget" to clarify
215 30 that the year period of time during which a school is to
215 31 expend funds to reduce class size is the budget year, which
215 32 for school districts commences on July 1 of each calendar
215 33 year.
215 34	Code section 256D.4A:	Strikes the word "section" and
35 replaces it with the word "chapter" because the payments and
1 expenditures referred to in this Code section are authorized
216	2 in other Code sections within this Code chapter.
216	3	Code section 257.11(3):	Changes the word "of" to the word
216	4 "times" and the word "and" to the word "or" to clarify the
216	5 relationship between the numeric and percentage components in
216	6 the formula used to calculate the amount of additional
216	7 weighting to be assigned for pupils who attend community
216	8 college=offered classes.	The numeric and percentage
216	9 components of the formula in this paragraph are described in
216 10 this paragraph in reverse order from that used in other places
216 11 in this Code section.
216 12	Code section 260C.14:	Substitutes the word "program" for
216 13 "Act" in three places to reflect the repeal of the former
216 14 postsecondary enrollment options Act, previously contained in
216 15 Code chapter 261C, and the enactment of the postsecondary
216 16 enrollment options program in new Code chapter 261E in 2008
216 17 Iowa Acts, chapter 1181.
216 18	Code section 262.9(4):	Splits apart, in language
216 19 describing duties of the state board of regents, two
216 20 provisions which articulate the two different duties of
216 21 managing both real and personal property of the regents
216 22 institutions and purchasing soybean=based inks.	Incorrect
216 23 internal references to the entire Code section are also
216 24 changed to refer only to the requirement to purchase
216 25 soybean=based inks in what becomes new subsection 4A.
216 26	Code section 279.13(1):	Changes the word "applicants" to
216 27 the singular form "the applicant" to conform with prior
216 28 language regarding the search for criminal and child abuse
216 29 background information regarding an individual who is seeking
216 30 employment as a teacher in a school district.
216 31	Code section 282.18:	Streamlines language relating to open
216 32 enrollment of children in schools by combining the two
216 33 subsections that deal with school desegregation and conforming
216 34 the language currently contained in subsection 12 to reflect
35 the changes made to subsection 3 in 2008 Iowa Acts, chapter
1 1071; by moving language relating to adoption of school
217	2 policies regarding "insufficient classroom space" to become
217	3 part of subsection 2, where the issue first arises; by
217	4 renumbering the provision to accommodate the changes and
217	5 eliminate unnumbered paragraphs; and by correcting internal
217	6 references.
217	7	Code section 282.26:	Numbers the paragraphs in this
217	8 provision regarding high school students attending college
217	9 courses to allow substitution of specific subsection
217 10 references in lieu of a more general reference to "the
217 11 foregoing provisions".
217 12	Code section 294A.9:	Adds the repeal, on the same date, of
217 13 a subsection which serves only to repeal other subsections on
217 14 June 30, 2009.	This provision takes effect upon enactment.
217 15	Code section 294A.25:	Adds the word "fiscal" before the
217 16 word "year" to conform later language regarding later
217 17 appropriations to the initial reference to the "fiscal year
217 18 beginning July 1, 2009".
217 19	Code section 297.10:	Updates language in this provision
217 20 regarding compensation for use of school property to clarify
217 21 that the "such use" is the use of a schoolhouse and
217 22 schoolhouse grounds and that the compensation paid is to be

217 23 used for supplies for that school property.
217 24	Code section 298.3:	Renumbers this provision to eliminate
217 25 unnumbered paragraphs and changes the term "energy
217 26 conservation measures" to "energy management improvement" to
217 27 reflect the changes made to Code sections 473.19, 473.20, and
217 28 473.20A by 2008 Iowa Acts, chapter 1126.

217	30	paragraphs in this Code section and replaces references to	
217	31	"hereinafter" provided and referred to "herein" with language	
217	32	indicating that the reader will find the language or exception	
217	33	indicated within this Code section.	
217	34	Code sections 306C.10 and 306C.11:	Moves a definition of	
217	35	the term "specific information of interest to the traveling	
218	1	public" from Code section 306C.11 to Code section 306C.10 to	
218	2	place it in alphabetical order within the other definitions	
218	3	that apply within that division of Code chapter 306C and	
218	4	renumbers Code section 306C.11 to eliminate unnumbered	
218	5	paragraphs.	
218	6	Code section 307.21:	Restructures the provision to	
218	7	separate language establishing the general duties of the	
218	8	administrator of administrative services of the department of	
218	9	transportation from more specific requirements relating to the	
218	10	manner in which certain of those duties are to be carried out	
218	11	and from permissive language that allows the administrator to	
218	12	perform administrative services duties in cooperation with the	
218	13	department of administrative services.	
218	14	Code section 312.2:	Renumbers this provision to separate	
218	15	the allotments of road use tax funds made by the treasurer of	
218	16	state to the primary road fund, the secondary road fund, the	
218	17	farm=to=market road fund, and the street construction fund of	
218	18	cities from the credits that are made prior to the allotments	
218	19	for various specific uses and to eliminate an unnumbered	
218	20	paragraph.	
218	21	Code section 314.2:	Strikes the words "the foregoing	
218	22	provisions" and substitutes "this section" to clarify that the	
218	23	prohibition against state or county officials or employees	
218	24	having interests in any contract for highway, bridge, or	
218	25	culvert construction, reconstructions, improvement, or	
218	26	maintenance is the provision that, if violated, will	
218	27	invalidate the contract and prevent recovery of consideration	
218	28	under the contract.	
218	29	Code section 321.52A:	Strikes an obsolete reference to a	
218	30	provision under which this surcharge is no longer imposed.	
218	31	Before a change in the system used by the department of	
218	32	transportation to note security interests on certificates of	
218	33	title, a surcharge was issued when an owner requested that a	
218	34	new certificate be issued that showed the notation.	This was	
218	35	because the notation had to be manually added to the	
219	1	certificate, rather than being generated automatically upon	
219	2	notation of the interest in the department of transportation's	
219	3	system.	Because of the changeover in the department's	
219	4	computer system, the new certificates are generated	
219	5	automatically, without the additional manual intervention, and	
219	6	the department ceased imposition of the surcharge for issuance	
219	7	of a certificate of title for this type of notation.	
219	8	Code sections 321.92 and 321.463:	Renumbers and eliminates	
219	9	a redundant reference to a "paragraph "b"" in a definition	
219	10	which is combined with another definition into a numbered list	
219	11	in Code section 321.463.	Language relating to fraudulent	
219	12	altering or defacing of product identification plates is	
219	13	stricken from Code section 321.463 and is moved to Code	
219	14	section 321.92.	
219	15	Code section 321.231(5):	Strikes the word "foregoing" and	
219	16	inserts "of this section" to clarify that none of the	
219	17	provisions of this Code section relieve an authorized	
219	18	emergency vehicle operator or police bicycle rider from the	
219	19	duty to drive or ride safely.	
219	20	Code section 321.285:	Renumbers this provision	
219	21	establishing speed restrictions on motor vehicles to eliminate	
219	22	unnumbered paragraphs; clarifies language that sets out the	
219	23	general rules applicable to lawful speeds by moving language	
219	24	referring to the lawful speed to a location after the listing	
219	25	of a number of exceptions; substitutes "unless otherwise	
219	26	provided in this section or by" for "notwithstanding any" to	
219	27	clarify that some of the exceptions to the general 55 miles	
219	28	per hour speed limit are contained within this Code section;	
219	29	and supplies some missing words to complete the sentence	
219	30	establishing what the appropriate speed is on various	
219	31	secondary roads under certain conditions.	
219	32	Code section 321.488:	Strikes the word "foregoing" to	
219	33	clarify that any provision within the Code chapter that	

217 29	Code section 298.18:	Numbers and letters unnumbered

219 34 applies to the making of arrests without a warrant.
35	Code sections 321.506 and 461B.8:	Strikes the word
1 "foregoing" and adds "of this chapter" to clarify that the
220	2 other qualifying language in this provision, that narrows the
220	3 applicability of this provision to language relative to
220	4 service of original notice of suit on nonresidents, is the
220	5 controlling factor in determining the validity of service of
220	6 process under Code chapters 321 and 461B.
220	7	Code section 321.376:	Adds a reference to "osteopathic
220	8 physician" after the word "physician" and strikes a reference
220	9 to Code chapter 150A to conform with changes made by 2008 Iowa
220 10 Acts, chapter 1088, in language relating to the conducting of
220 11 hearing tests.
220 12	Code section 321A.7:	Updates language in this provision
220 13 regarding suspension of licenses until proof of financial
220 14 responsibility has been filed by inserting words to clarify
220 15 the meaning of certain clauses, dividing sentences currently
220 16 conjoined with semicolons, and adding language that indicates
220 17 that certain conditions precede the department taking certain
220 18 actions under this Code section.
220 19	Code section 330A.10:	Numbers a provision to eliminate
220 20 unnumbered paragraphs and replaces the words "aforementioned
220 21 provisions" with "subsection 1" to clarify that subsection 1
220 22 is the provision being excepted in language authorizing an
220 23 authority to deposit funds in any bank or trust company if an
220 24 agreement is reached with the bond holders.
220 25	Code section 331.653(27):	Replaces a reference to Code
220 26 section 297.28 that was inadvertently stricken in 2008 Iowa
220 27 Acts, chapter 1181, section 37.
220 28	Code section 335.22:	Strikes the words "the foregoing" and
220 29 adds specific Code section references to Code sections 335.18
220 30 through 335.21 to clarify that the proceedings under those
220 31 Code sections, in this Code chapter pertaining to county
220 32 zoning, are to have preference over all other civil actions
220 33 and proceedings.
220 34	Code section 358.8:	Strikes the words "the foregoing" and
35 adds specific Code section references to Code sections 358.4
1 and 358.5 to clarify that the expenses incurred under those
221	2 sections, together with the costs of the election, are to be
221	3 paid by those who will be benefited by the proposed sanitary
221	4 district.
221	5	Code section 358C.9:	Strikes the words "the preceding" and
221	6 adds specific Code section references to Code sections 358C.5
221	7 and 358C.6 to clarify that the expenses incurred under those
221	8 sections, together with the costs of the election, are to be
221	9 paid by those who will be benefited by the proposed real
221 10 estate improvement district.
221 11	Code section 364.17(3):	Renumbers and moves language
221 12 relating to enforcement procedures to the end of this
221 13 subsection to eliminate unnumbered paragraphs in this
221 14 provision relating to enforcement of city housing code
221 15 violations.	The movement of the language relating to
221 16 enforcement procedures may also correct an old drafting error.
221 17 In both the original and reprinted versions of 1980 House File
221 18 2536, which established this Code section, the paragraph
221 19 containing this language was located at the end of subsection
221 20 3.	It was not until what is now paragraph "h" was added by
221 21 amendment that the language appeared before the last
221 22 paragraph.
221 23	Code section 384.84(2) and (3):	Conforms the language
221 24 toward the end of two paragraphs, relating to discontinuance
221 25 of utility or enterprise services on rental property or
221 26 premises, to language toward the beginning of the paragraphs
221 27 which refers to the property or premises.
221 28	Code section 414.19:	Strikes the words "the foregoing" and
221 29 adds specific Code section references to Code sections 414.15
221 30 through 414.18 to clarify that the proceedings under those
221 31 Code sections, in this Code chapter pertaining to city zoning,
221 32 are to have preference over all other civil actions and
221 33 proceedings.
221 34	Code section 421B.3:	Changes the word "the" to the word
35 "a" to conform to later language indicating that each
1 violation of the prohibition against cigarette sales at less
222	2 than cost is treated as a new violation.
222	3	Code section 422.5:	Renumbers, changes subsection lead=in
222	4 language, and corrects internal references in this provision
222	5 establishing the process for computation of personal income
222	6 tax so that the structure of the provision conforms to the
222	7 steps that must be taken to compute the tax.
222	8	Code section 422.7(12), (28), (43), and (53):	Renumbers to
222	9 eliminate unnumbered paragraphs in this provision establishing

222 10 the computation mechanism for calculation of personal "net
222 11 income".	Obsolete language providing for a waiver of certain
222 12 requirements under a small business tax loan program that was
222 13 phased out in the mid 1980s is deleted.	A reference to a
222 14 savings refund adjustment that was eliminated by 2008 Iowa
222 15 Acts, chapter 1178, in favor of a state match adjustment, is
222 16 also deleted.	References to the term "adjusted gross income"
222 17 are added in language relating to when a taxpayer may take the
222 18 increasing expensing allowance to clarify what computation is
222 19 being performed for state tax purposes.
222 20	Code section 422.12:	Restructures this provision
222 21 enumerating the deductions that may be taken from personal
222 22 income tax liability by moving definitions to the beginning of
222 23 the provision and renumbering and correcting internal
222 24 references as necessary.
222 25	Code section 422.35(6), (6A), (20), and (24):	Renumbers to
222 26 eliminate unnumbered paragraphs in this provision establishing
222 27 the computation mechanism for calculation of corporate "net
222 28 income".	Obsolete language providing for a waiver of certain
222 29 requirements under a small business tax loan program that was
222 30 phased out in the mid 1980s is deleted.	References to the
222 31 term "taxable income" are added in language relating to when a
222 32 taxpayer may take the increasing expensing allowance to
222 33 clarify what computation is being performed for state tax
222 34 purposes.
35	Code section 423.3(57):	Combines two unnumbered paragraphs
1 containing the initial portion of a definition of what
223	2 constitutes a sale of food and food ingredients that are
223	3 exempt from sales tax and conforms the terms used to the
223	4 definitions which follow the language of the new combined
223	5 paragraph.
223	6	Code sections 435.1, 435.2, 435.26, 435.34, and 435.35:
223	7 Moves language contained in definition provisions relating to
223	8 the imposition of property taxes on mobile, modular, and
223	9 manufactured homes to duplicate one provision that applies to
223 10 both manufactured home communities and mobile home parks and
223 11 to create a new Code section 435.2 that specifies when each of
223 12 the types of home is to be assessed and taxed as real estate.
223 13 Language relating to taxation of modular homes is moved from
223 14 its current location in Code section 435.34 and consolidated
223 15 with related provisions in new Code section 435.2, and the
223 16 balance of Code section 435.34, which conflicts with language
223 17 found in Code section 435.22, is eliminated by the Code
223 18 section's repeal.	Language in Code section 435.35, which
223 19 conflicts with provisions in Code section 435.1, is eliminated
223 20 by that Code section's repeal, and the remainder moved to Code
223 21 section 435.26.	Obsolete language relating to classification
223 22 of manufactured home communities or mobile home parks and the
223 23 applicability of the manufactured home communities or mobile
223 24 home parks residential landlord and tenant Act is stricken.
223 25	Code sections 437A.3, 437A.15, and 437A.19:	Renumbers Code
223 26 section 437A.19 to eliminate unnumbered paragraphs and
223 27 corrects several internal references to subsections within
223 28 Code section 437A.19 that appear in Code sections 437A.3 and
223 29 437A.15.	The reference changes contained in subsection 29 of
223 30 Code section 437A.3 and 437A.15, subsection 3, are based on
223 31 the renumbering changes in Code section 437A.19.	The internal
223 32 reference change and strike of additional in Code section
223 33 437A.15, subsection 3, paragraph "a", correct a drafting error
223 34 made in 2007 Iowa Acts, chapter 150, when Code section
35 437A.19, subsection 2, paragraph "b", was amended and
1 subparagraph (2) was deleted.
224	2	Code section 450.7(1):	Redrafts an initial exception as a
224	3 limitation and renumbers this provision to eliminate
224	4 unnumbered paragraphs.
224	5	Code section 455A.8:	Breaks the membership of the Brushy
224	6 creek recreation trails advisory board out into a numbered
224	7 list and clarifies which of the 10 members of the board are
224	8 voting and which are ex officio nonvoting members.
224	9	Code section 455B.191:	Reorganizes and clarifies this
224 10 pollution and hazardous substance control provision by moving
224 11 the definition of "hazardous substance" to the beginning of
224 12 the Code section, renumbering the provision, breaking the
224 13 enumeration of prohibited acts into a numbered list, and
224 14 segregating the applicable penalties into separate provisions.
224 15	Code section 455G.4(6):	Changes the name of the senate
224 16 committee to which the report relating to claims against the
224 17 Iowa comprehensive underground storage tank fund must be
224 18 submitted, to conform this provision to the changes made
224 19 during the 2009 Session of the 83rd General Assembly to the
20 name and duties of the former senate committee on natural

224	
21	
resources and environment.	
224	22	Code section 456A.26:	Strikes the words "The foregoing	
224	23	sections" and inserts references to Code sections 456A.23	
224	24	through 456A.25 to clarify which provisions are not to be	
224	25	construed as authorizing the commission to change any penalty	
224	26	for violations of game laws, license fees, or change open	
224	27	seasons or bag limits for any fish, game, bird, or fur=bearing	
224	28	animal.	
224	29	Code section 476.6(20):	Strikes an obsolete subsection	
224	30	that refers to the replacement tax study committee.	The	
224	31	committee began meeting in 2000, concluded its business in	
224	32	2007, and submitted its final report on November 15, 2007.	
224	33	Code section 483A.27:	Adds words to clarify that a hunter	
224	34	safety and ethics education course from another state,	
224	35	country, or province that meets the international hunter	
225	1	education standards is valid for purposes of meeting the	
225	2	requirements for a hunting license in Iowa and that a	
225	3	"department=approved" hunter safety and ethics education	
225	4	course or shooting sports activities course is what an	
225	5	instructor certified by the department may conduct on public	
225	6	school property if the proper school board approval is	
225	7	obtained.	
225	8	Code section 489.108(3):	Strikes language and adds the	
225	9	word "either" to conform this provision, that specifies two	
225	10	situations in which the secretary of state shall authorize the	
225	11	use of a noncompliant name by a limited liability company, to	
225	12	standard language used to indicate when only two alternatives	
225	13	are available under a statute.	
225	14	Code section 489.702(5):	Corrects in subsection 5,	
225	15	paragraph "b", of this Code section an internal reference to	
225	16	the provision in which a person is appointed to wind up the	
225	17	activities of a limited liability company.	The appointment	
225	18	provisions are found in subsection 4, not subsection 3.	
19	Code section 489.1203(10) and (11):	Corrects incorrect
225 20 citations to the language that specifies when distributions by
225 21 a limited liability company series are not permissible.	The
225 22 listing of situations that was intended to be cited is
225 23 contained in subsection 5 of this Code section, not in Code 225 24 section 489.405.
225 25	Code section 490.831(1):	Changes the word "precludes" to
225 26 "does not preclude" in this provision relating to the
225 27 liability of directors of corporations to the corporation or
225 28 to the corporation's shareholders to conform the codified
225 29 version of this provision to the meaning of this provision in
225 30 the language of the original model Act.
225 31	Code section 496C.14:	Renumbers this provision to
225 32 eliminate unnumbered paragraphs, strikes the words "the
225 33 foregoing provisions of this section", and adds the words
225 34 "subsections 1 through 4" to clarify when purchase of shares
35 of a corporate shareholder is required.
1	Code section 499.36A(1):	Substitutes the word
226	2 "association" for the word "cooperative" to conform this last
226	3 sentence, relating to when an association director is not
226	4 liable because of having performed director's duties, to the
226	5 initial sentence that requires discharge of duties in good
226	6 faith.
226	7	Code section 502.602(3):	Adds the word "or" to this
226	8 provision to clarify where the correct end of the series
226	9 describing when the commissioner of insurance may apply to the
226 10 district court under the uniform securities Act to enforce
226 11 compliance with a subpoena.
226 12	Code section 505.8(7):	Adds "and osteopathic physicians"
226 13 after the word "physicians" and strikes the references to Code
226 14 chapters "150, and 150A" to conform with changes made by 2008
226 15 Iowa Acts, chapter 1088, to place osteopathic physicians under
226 16 the same Code chapter 148 licensing procedures and authority
226 17 of the board of medicine as physicians who have a diploma from
226 18 a medical college and have passed the required examinations
226 19 and to repeal the Code chapters under which osteopathic
226 20 physicians were previously regulated.
226 21	Code section 520.14:	Strikes the word "foregoing" and adds
226 22 references to Code sections 520.2 through 520.13 to clarify
226 23 which Code sections an attorney must comply with before an
226 24 attorney can exchange reciprocal or interinsurance contracts
226 25 or solicit or negotiate applications for reciprocal or
226 26 interinsurance contracts.
226 27	Code section 541A.3:	Adds the word "savings" between the
226 28 words "state" and "match" to conform the terminology used to
226 29 describe the payments made by the state to holders of
226 30 individual development accounts to the correct term:	"state
226 31 savings match".

226 32	Code section 554.10103:	Strikes a reference to "the
226 33 following" section, which was repealed by 2007 Iowa Acts,
226 34 chapter 30, and replaces it with a reference to Code section
35 554.7103, which is the successor statute to former Code 227	1 section 554.10104.
2	Code section 556F.17:	Replaces the word "aforesaid" with
227	3 "provided in this chapter" and "same according to the
227	4 foregoing provisions" with "property" to clarify that any
227	5 property that is found or recovered and may be considered
227	6 abandoned under Code chapter 556F cannot be traded, sold,
227	7 loaned, or taken out of the state by the finder until the
227	8 person has the right to do so or the person forfeits the right
227	9 to the property.
227 10	Code section 602.10111:	Strikes the words "the foregoing
227 11 provisions of" and leaves the words "this article" to clarify
227 12 what procedures an out=of=state attorney must comply with in
227 13 order to appear as an attorney in state court in Iowa.
227 14	Code section 692.18:	Numbers this provision and conforms
227 15 the language in what is numbered as subsection 2 to
227 16 confidentiality provisions found in Code section 22.7 that
227 17 relate to confidentiality of intelligence data under the
227 18 public records law, Code chapter 22.
227 19	Code section 707.7:	Numbers this provision, moves
227 20 exclusionary language to the end of this provision prohibiting
227 21 feticide, and conforms the language of these provisions to
227 22 changes made by 2008 Iowa Acts, chapter 1088, which placed
227 23 osteopathic physicians under the same Code chapter 148
227 24 licensing procedures and authority of the board of medicine as
227 25 physicians who have a diploma from a medical college and have
227 26 passed the required examinations and repealed the Code
227 27 chapters under which osteopathic physicians were previously
227 28 regulated.
227 29	Code section 714.8(18):	Changes the word "price" to
227 30 "product" in two places in definition of the term "universal
227 31 price code label" to correct the term and to conform to
227 32 terminology used elsewhere in the Code.
227 33	Code section 714E.1(3):	Changes the word "from" to "for"
227 34 to clarify that the foreclosure consultant is attempting to
35 obtain a forbearance, modification, or repayment plan on
1 behalf of a beneficiary or mortgagee.
228	2	Code section 714E.4(1):	Clarifies that the enumerated
228	3 actions, if taken by a foreclosure consultant, are a violation
228	4 of Code chapter 714E.
228	5	Code section 714F.3(2):	Clarifies language relating to
228	6 survival of a foreclosure reconveyance contract and conforms a
228	7 Code reference to the language specifying the requirements for
228	8 those contracts to an earlier reference in this Code section
228	9 to those same contract requirements.
228 10	Code section 714F.6:	Splits a run=on sentence and rewrites
228 11 the latter half of the sentence to clarify the form a waiver
228 12 of a foreclosed homeowner's right to cancel must take.
228 13	Code section 714F.9(2):	Strikes the words "of any amount"
228 14 to conform to later language in this provision that sets
228 15 threshold limits on the amount of exemplary damages that may
228 16 be awarded by the court.
228 17	Code section 728.15:	Restructures this provision to move a
228 18 definition of the word "person" to the beginning of the Code
228 19 section, conform internal uses of terminology and grammar,
228 20 breaks the elements of the offense into a numeric list, and
228 21 places the penalty provisions in a list in a subsection at the
228 22 end of this Code section.
228 23	Code section 805.8B:	Changes, in two paragraphs in
228 24 subsections 2 and 2A, the word "identification" to "decal" to
228 25 conform to a terminology change that was made in Code sections
228 26 321G.5 and 321I.6 by 2007 Iowa Acts, chapter 141.
228 27	Code section 820.11:	Strikes a reference to "the last"
228 28 section and replaces it with a reference to Code section
228 29 820.10 to clarify which Code section, if disobeyed, would be
228 30 deemed a simple misdemeanor.
228 31	2008 Iowa Acts, chapter 1130, section 4 (Code section
228 32 35B.6(1)):	Moves a phrase in this Iowa Act which prohibits
228 33 the employment of members of a county commission of veteran
228 34 affairs by the commission to be a part of language relating to
35 the power of the commission to employ certain persons.	As a
1 result of amendments made in this section of this Act, the
229	2 sentence which related to the powers of the county commissions
229	3 was split in two and this phrase was inadvertently made a part
229	4 of language relating to the compensation of employees of the
229	5 commission.
229	6	2008 Iowa Acts, chapter 1130, section 7 (Code section
229	7 35B.14):	Clarifies a series which permits a county board of

229	8	supervisors to appropriate funds for the expenses of food,	
229	9	clothing, shelter, utilities, medical benefits, and a funeral	
229	10	for veterans, their surviving spouses, and minor children who	
229	11	reside in the county.	The inclusion of new language in this	
229	12	section of this Act relating to appropriation of funds for	
229	13	training for an executive director of a county commission of	
229	14	veteran affairs inadvertently disrupted the original series	
229	15	which clearly allowed the appropriation for the latter	
229	16	expenses.	
229	17	2008 Iowa Acts, chapter 1191, section 109:	Corrects a	
229	18	lead=in to this Act so that it correctly reflects the addition	
229	19	of a new paragraph "n" to subsection 5 of Code section 257.31,	
229	20	not Code section 257.11.	Subsection 5 of Code section 257.11	
229	21	contains only two lettered paragraphs, and section 108 of this	
229	22	same Act refers to the addition of the language relating to	
229	23	the submission of requests to the school budget review	
229	24	committee by school districts on the basis of language added	
229	25	to Code section 257.31, subsection 5, paragraph "n".	This	
229	26	section of this Act is effective upon enactment and applies	
229	27	retroactively to July 1, 2008.	
229	28	Code sections 147.57 and 147.114:	Requires the Code editor	
229	29	to transfer Code section 147.57, which pertains to dental	
229	30	hygienists, and Code section 147.114, which pertains to	
229	31	inspectors appointed by the dental board, to appropriate	
229	32	locations in Code chapter 153, which pertains to the practice	
229	33	of dentistry.	
229	34	Code sections 216.18 and 216.18A:	Requires the Code editor	
229	35	to transfer Code section 216.18A to become subsection 2 of	
230	1	Code section 216.18 and to number the first paragraph in Code	
230	2	section 216.18 as subsection 1.	The Code editor is also	
230	3	directed to correct any internal references necessary to	
230	4	complete the transfer.	
230	5	DIVISION II.	Restructures, numbers, and renumbers	
230	6	provisions in volume II of the Code and in scattered locations	
230	7	in other Code volumes.	Occasionally, minor changes are made	
230	8	in text to conform to existing style of a Code section when	
230	9	language is moved within a Code section or from one Code	
230	10	section to another location.	
230	11	DIVISION III.	Makes internal reference changes based on	
230	12	the numbering, renumbering, and restructuring of Code sections	
230 13 elsewhere in this Act.	
230	14	DIVISION IV.	Contains effective date and applicability	
230	15	provisions.	
230	16	LSB 2130HV 83	
230	17	lh/rj/8