S.F. _____ DIVISION I 1 MISCELLANEOUS PROVISIONS 2 Section 1. Section 9A.102, subsection 2, Code Supplement 3 2009, is amended to read as follows: 4 2. “Athlete agent” means an individual who enters into 5 an agency contract with a student athlete or, directly or 6 indirectly, recruits or solicits a student athlete to enter 7 into an agency contract. “Athlete agent” includes an individual 8 who represents to the public that the individual is an athlete 9 agent. “Athlete agent” does not include a spouse, parent, 10 sibling, grandparent, or guardian of the student athlete or an 11 individual acting solely on behalf of a professional sports 12 team or professional sports organization. “Athlete agent” does 13 not include an individual licensed to practice as an attorney 14 in this state when the individual is acting as a representative 15 for a student athlete, unless the attorney also represents the 16 student athlete in negotiations for an agent agency contract. 17 Sec. 2. Section 9H.1, subsection 18, paragraph b, Code 2009, 18 is amended to read as follows: 19 b. Corporations which qualify under Title 26, section 26 20 U.S.C. § 501(c)(3) of the United States Code . 21 Sec. 3. Section 10B.1, subsection 9, paragraph b, Code 2009, 22 is amended to read as follows: 23 b. A corporation which qualifies under Title 26, section 26 24 U.S.C. § 501 , of the United States Code . 25 Sec. 4. Section 12B.10B, subsection 1, Code 2009, is amended 26 to read as follows: 27 1. Political subdivisions shall approve written investment 28 policies which incorporate the guidelines specified in 29 section sections 12B.10, sections 12B.10A through , this 30 section, and section 12B.10C, and any other provisions deemed 31 necessary to adequately safeguard invested public funds. 32 Sec. 5. Section 20.4, subsection 2, Code Supplement 2009, 33 is amended to read as follows: 34 2. Representatives of a public employer, including the 35 -1- LSB 5365SC (32) 83 lh/rj 1/ 123

S.F. _____ administrative officer, director or chief executive officer 1 of a public employer or major division thereof as well as 2 the officer’s or director’s deputy, first assistant, and 3 any supervisory employees. “Supervisory employee” means any 4 individual having authority in the interest of the public 5 employer to hire, transfer, suspend, layoff lay off , recall, 6 promote, discharge, assign, reward or discipline other public 7 employees, or the responsibility to direct them, or to adjust 8 their grievances, or effectively to recommend such action, if, 9 in connection with the foregoing, exercise of such authority 10 is not of a merely routine or clerical nature, but requires 11 the use of independent judgment. All school superintendents, 12 assistant superintendents, principals and assistant principals 13 shall be deemed to be supervisory employees. 14 Sec. 6. Section 28E.17, subsection 1, Code 2009, is amended 15 to read as follows: 16 1. It is the public policy of this state to encourage the 17 establishment or acquisition of urban mass transit systems and 18 the equipment, maintenance , and operation thereof by public 19 agencies in cooperation with, and with the assistance of the 20 urban mass transportation administration of the United States 21 department of transportation, pursuant to the provisions of 22 the Urban Mass Transportation Act of 1964, as amended, Title 23 49, sections 1601 49 U.S.C. § 5301 et seq., United States 24 Code, which requires unification or official coordination of 25 local mass transportation services on an area-wide basis as a 26 condition of such assistance. 27 Sec. 7. Section 43.31, Code Supplement 2009, is amended to 28 read as follows: 29 43.31 Form of official ballot —— implementation by rule. 30 The state commissioner shall adopt rules in accordance 31 with chapter 17A to implement sections 43.27 through 43.30, 32 section 43.36, sections 49.30 through 49.33, sections 49.36 33 through 49.41, section 49.57, and any other provision of the 34 law prescribing the form of the official ballot. 35 -2- LSB 5365SC (32) 83 lh/rj 2/ 123

S.F. _____ Sec. 8. Section 53.40, subsection 3, Code Supplement 2009, 1 is amended to read as follows: 2 3. If the affidavit on the affidavit envelope shows that 3 the affiant is not a qualified voter on the day of the election 4 at which the ballot is offered for voting, the envelope shall 5 not be opened, but the envelope and ballot contained in the 6 envelope shall be preserved and returned by the precinct 7 election officials to the commissioner, who shall preserve them 8 for the period of time and under the conditions provided for in 9 sections 50.12 through , 50.13, 50.15 , and section 50.19. 10 Sec. 9. Section 53.41, subsection 3, Code 2009, is amended 11 to read as follows: 12 3. Not more than one ballot shall be transmitted by the 13 commissioner to any voter for a particular election unless 14 after the ballot has been mailed the voter reports a change 15 in the address to which the ballot should be sent. A ballot 16 shall be mailed using a serial number that indicates that this 17 is a replacement sent to an updated address. The original 18 ballot shall be counted only if the replacement ballot does 19 not arrive. If the commissioner receives more than one 20 absent voter’s ballot, provided for by this division, from or 21 purporting to be from any one voter for a particular election, 22 all of the ballots so received from or purporting to be from 23 such voter are void, and the commissioner shall not deliver any 24 of the ballots to the precinct election officials, but shall 25 retain them in the commissioner’s office, and preserve them for 26 the period and under the conditions provided for in sections 27 50.12 through , 50.13, 50.15 , and section 50.19. 28 Sec. 10. Section 76.2, subsection 1, paragraph a, Code 29 Supplement 2009, is amended to read as follows: 30 a. The governing authority of these political subdivisions a 31 political subdivision specified in section 76.1, subsection 32 1, before issuing bonds shall, by resolution, provide for the 33 assessment of an annual levy upon all the taxable property in 34 the political subdivision sufficient to pay the interest and 35 -3- LSB 5365SC (32) 83 lh/rj 3/ 123

S.F. _____ principal of the bonds within a period named not exceeding 1 the applicable period of time specified in section 76.1. A 2 certified copy of this resolution shall be filed with the 3 county auditor or the auditors of the counties in which the 4 political subdivision is located; and the filing shall make 5 it a duty of the auditors to enter annually this levy for 6 collection from the taxable property within the boundaries 7 of the political subdivision until funds are realized to pay 8 the bonds in full. The levy shall continue to be made against 9 property that is severed from the political subdivision after 10 the filing of the resolution until funds are realized to pay 11 the bonds in full. 12 Sec. 11. Section 92.9, subsection 4, Code 2009, is amended 13 to read as follows: 14 4. The apprentice is registered by the bureau office of 15 apprenticeship and training of the United States department of 16 labor as employed in accordance with the standards established 17 by that department. 18 Sec. 12. Section 92.18, Code 2009, is amended to read as 19 follows: 20 92.18 Migratory labor —— defined. 21 As used in this chapter, the term “migratory labor” 22 shall include any person who customarily and repeatedly 23 travels from state to state for the purpose of obtaining 24 seasonable seasonal employment. 25 Sec. 13. Section 96.9, subsection 4, paragraph a, Code 26 Supplement 2009, is amended to read as follows: 27 a. (1) Money credited to the account of this state in 28 the unemployment trust fund by the secretary of the treasury 29 of the United States pursuant to section § 903 of the Social 30 Security Act may not be requisitioned from this state’s account 31 or used except for the payment of benefits and for the payment 32 of expenses incurred for the administration of this chapter. 33 Such money may be requisitioned pursuant to subsection 3 of 34 this section for the payment of benefits. Such money may also 35 -4- LSB 5365SC (32) 83 lh/rj 4/ 123

S.F. _____ be requisitioned and used for the payment of expenses incurred 1 for the administration of this chapter but only pursuant to 2 a specific appropriation by the legislature and only if the 3 expenses are incurred and the money is requisitioned after the 4 enactment of an appropriation law which (1) specifies : 5 (a) Specifies the purposes for which such money is 6 appropriated and the amounts appropriated therefor , (2) limits ; 7 (b) Limits the period within which such money may be 8 obligated to a period ending not more than two years after the 9 date of the enactment of the appropriation law , ; and (3) limits 10 (c) Limits the amount which may be obligated during a 11 twelve-month period beginning on July 1 and ending on the next 12 June 30 to an amount which does not exceed the amount by which 13 the aggregate of the amounts transferred to the account of 14 this state pursuant to section § 903 of the Social Security 15 Act exceeds the aggregate of the amounts used by this state 16 pursuant to this chapter and charged against the amounts 17 transferred to the account of this state during the same 18 twelve-month period. 19 (2) For purposes of this subsection, amounts used by 20 this state for administration shall be chargeable against 21 transferred amounts at the exact time the obligation is entered 22 into. The use of money appropriated under this subsection 23 shall be accounted for in accordance with standards established 24 by the United States secretary of labor. 25 Sec. 14. Section 96.20, subsection 2, Code Supplement 2009, 26 is amended to read as follows: 27 2. a. The department may enter into arrangements with the 28 appropriate agencies of other states, or a contiguous country 29 with which the United States has an agreement with respect to 30 unemployment compensation or of the federal government (a) 31 whereby : 32 (1) Whereby wages or services, upon the basis of which 33 an individual may become entitled to benefits under the 34 unemployment compensation law of another state or of the 35 -5- LSB 5365SC (32) 83 lh/rj 5/ 123

S.F. _____ federal government, shall be deemed to be wages for employment 1 by employers for the purposes of section 96.3 and section 96.4, 2 subsection 5; provided such other state agency or agency of the 3 federal government has agreed to reimburse the fund for such 4 portion of benefits paid under this chapter upon the basis of 5 such wages or services as the department finds will be fair and 6 reasonable as to all affected interests, and (b) whereby 7 (2) Whereby the department will reimburse other state 8 or federal agencies charged with the administration of 9 unemployment compensation laws with such reasonable portion of 10 benefits, paid under the law of any such other states or of the 11 federal government upon the basis of employment or wages for 12 employment by employers, as the department finds will be fair 13 and reasonable as to all affected interests. 14 b. Reimbursements so payable shall be deemed to be benefits 15 for the purposes of section 96.3, subsection 5, paragraph “a” , 16 and section 96.9, but no reimbursement so payable shall be 17 charged against any employer’s account for the purposes of 18 section 96.7, unless wages so transferred are sufficient to 19 establish a valid claim in Iowa, and that such charges shall 20 not exceed the amount that would have been charged on the 21 basis of a valid claim. The department is hereby authorized 22 to make to other state or federal agencies and receive from 23 such other state or federal agencies, reimbursements from 24 or to the fund, in accordance with arrangements pursuant 25 to this section. The department shall participate in any 26 arrangements for the payment of compensation on the basis of 27 combining an individual’s wages and employment covered under 28 this Act with the individual’s wages and employment covered 29 under the unemployment compensation laws of other states 30 which are approved by the United States secretary of labor in 31 consultation with the state unemployment compensation agencies 32 as reasonably calculated to assure the prompt and full payment 33 of compensation in such situations and which include provisions 34 for : Applying applying the base period of a single state law 35 -6- LSB 5365SC (32) 83 lh/rj 6/ 123

S.F. _____ to a claim involving the combining of an individual’s wages 1 and employment covered under two or more state unemployment 2 compensation laws, and avoiding the duplication use of wages 3 and employment by reason of such combining. 4 Sec. 15. Section 97B.1A, subsection 20, paragraph d, Code 5 Supplement 2009, is amended to read as follows: 6 d. Temporary or seasonal interruptions in service for 7 employees of a school corporation or educational institution 8 when the temporary suspension of service does not terminate the 9 period of employment of the employee and the employee returns 10 to service at a school corporation or educational institution 11 upon the end of the temporary or seasonal interruption. 12 However, 13 However, effective July 1, 2004, “service” does not mean 14 service for which an employee receives remuneration from an 15 employer for temporary employment during any quarter in which 16 the employee is on an otherwise unpaid leave of absence that 17 is not authorized under the federal Family and Medical Leave 18 Act of 1993 or other similar leave. Remuneration paid by the 19 employer for the temporary employment shall not be treated by 20 the system as covered wages. 21 Sec. 16. Section 97B.42, Code 2009, is amended to read as 22 follows: 23 97B.42 Mandatory membership —— membership in other systems. 24 1. Each employee whose employment commences after July 4, 25 1953, or who has not qualified for credit for prior service 26 rendered prior to July 4, 1953, or any publicly elected 27 official of the state or any of its political subdivisions 28 shall become a member upon the first day in which such 29 employee is employed. The employee shall continue to be an 30 active member so long as the employee continues in covered 31 employment. The employee shall cease to be an active member 32 if the employee joins another retirement system in the state 33 which is maintained in whole or in part by public contributions 34 or payments and receives retirement credit for service in that 35 -7- LSB 5365SC (32) 83 lh/rj 7/ 123

S.F. _____ other system for the same position previously covered under 1 this chapter. If an employee joins another publicly maintained 2 retirement system and ceases to be an active member under 3 this chapter, the employee may elect to leave the employee’s 4 accumulated contributions in the retirement fund or receive 5 a refund of the employee’s accumulated contributions in 6 the manner provided for members who are terminating covered 7 employment pursuant to section 97B.53. However, if an employee 8 joins another publicly maintained retirement system and leaves 9 the employee’s accumulated contributions in the retirement 10 fund, the employee shall not be eligible to receive retirement 11 benefits until the employee has a bona fide retirement from 12 employment with a covered employer as provided in section 13 97B.52A, or until the employee would otherwise be eligible to 14 receive benefits upon attaining the age of seventy years as 15 provided in section 97B.46. 16 2. Employment shall not be covered under this chapter until 17 the employment is covered under the federal Social Security Act 18 and any agreements which are required pursuant to chapter 97C 19 are effective. 20 3. Nothing in this chapter shall be deemed to exclude from 21 coverage, under the provisions of this chapter, any public 22 employee who was not on or as of July 4, 1953, a member of 23 another retirement system supported by public funds. All 24 such employees and their employers shall be required to make 25 contributions as specified as to other public employees and 26 employers. Nothing in this chapter shall be deemed to prohibit 27 the reestablishment of a retirement system supported by public 28 funds which had been in operation prior to July 4, 1953, and 29 was subsequently liquidated. 30 4. Persons who are members of any other retirement system 31 in the state which is maintained in whole or in part by 32 public contributions other than persons who are covered under 33 the provisions of chapter 97, Code 1950, as amended by the 34 Fifty-fourth General Assembly on the date of the repeal of 35 -8- LSB 5365SC (32) 83 lh/rj 8/ 123

S.F. _____ said chapter, under the provisions of sections 97.50 through 1 97.53 shall not become members under this chapter while still 2 actively participating in that other retirement system unless 3 the persons do not receive retirement credit for service in 4 that other system for the position to be covered under this 5 chapter. 6 5. Nothing herein contained shall be construed to permit 7 any employer to make any public contributions or payments on 8 behalf of an employee in the same position for the same period 9 of time to both the Iowa public employees’ retirement system 10 and any other retirement system in the state which is supported 11 in whole or in part by public contributions or payments. 12 6. Notwithstanding any other provision of this section, a 13 person newly entering employment with a community college on 14 or after July 1, 1990, may elect coverage under an eligible 15 alternative retirement benefits system described in section 16 260C.14, subsection 17, paragraph “a” , subparagraph (1), in 17 lieu of coverage under the Iowa public employees’ retirement 18 system, but only if the person is already a member of the 19 alternative retirement benefits system. An election to 20 participate in an eligible alternative retirement benefits 21 system as described in section 260C.14, subsection 17, is 22 irrevocable as to the person’s employment with that community 23 college and any other community college in this state. 24 7. Notwithstanding any other provision of this section, 25 commencing July 1, 1994, a member who is employed by a 26 community college may elect coverage under an eligible 27 alternative retirement benefits system as provided in section 28 260C.14, subsection 17, in lieu of continuing or commencing 29 contributions to the Iowa public employees’ retirement system. 30 However, the employer’s annual contribution in dollars to the 31 eligible alternative retirement benefits system shall not 32 exceed the annual contribution in dollars which the employer 33 would contribute if the employee had elected to remain an 34 active member under this chapter, as set forth in section 35 -9- LSB 5365SC (32) 83 lh/rj 9/ 123

S.F. _____ 97B.11. A member employed by a community college who elects 1 coverage under an eligible alternative retirement benefits 2 system may withdraw the member’s accumulated contributions 3 effective when coverage under the eligible alternative 4 retirement benefits system commences. A member who is employed 5 by a community college prior to July 1, 1994, must file an 6 election for coverage under the eligible alternative retirement 7 benefits system described in section 260C.14, subsection 17, 8 paragraph “a” , subparagraph (1), with the system and the 9 employing community college within eighteen months of the first 10 day on which coverage commences under the community college’s 11 eligible alternative retirement benefits system described in 12 section 260C.14, subsection 17, paragraph “a” , subparagraph 13 (1), or the employee shall remain a member under this chapter 14 and shall not be eligible to elect to participate in that 15 community college’s eligible alternative retirement benefits 16 system described in section 260C.14, subsection 17, paragraph 17 “a” , subparagraph (1) at a later date. Employees of a community 18 college hired on or after July 1, 1994, must file an election 19 for coverage under an eligible alternative retirement benefits 20 system with the system and the employing community college 21 within sixty days of commencing employment, or the employee 22 shall remain a member under this chapter and shall not be 23 eligible to elect to participate in an eligible alternative 24 retirement benefits system of the community college at a later 25 date. The system shall cooperate with the boards of directors 26 of the community colleges to facilitate the implementation of 27 this provision. 28 Notwithstanding any other provision of this section , a 29 person newly entering employment with a community college on 30 or after July 1, 1990, may elect coverage under an eligible 31 alternative retirement benefits system, as defined in section 32 260C.14, subsection 17 , paragraph “a” , in lieu of coverage 33 under the Iowa public employees’ retirement system, but only if 34 the person is already a member of the alternative retirement 35 -10- LSB 5365SC (32) 83 lh/rj 10/ 123

S.F. _____ benefits system. An election to participate in an eligible 1 alternative retirement benefits system as described in section 2 260C.14, subsection 17 , is irrevocable as to the person’s 3 employment with that community college and any other community 4 college in this state. 5 8. Except as otherwise provided in this section, an employer 6 shall not sponsor and a member shall not participate in another 7 retirement system in this state supported in whole or in part 8 by public contributions or payments where such retirement 9 system is in lieu of the retirement system established by 10 this chapter. However, in addition to the retirement system 11 established by this chapter, an employer may sponsor and a 12 member may participate in a supplemental defined contribution 13 plan qualified under Internal Revenue Code section § 401(a), 14 a tax-deferred annuity qualified under Internal Revenue 15 Code section § 403(b), or an eligible deferred compensation 16 plan qualified under Internal Revenue Code section § 457, 17 regardless of whether contributions to such supplemental 18 plans are characterized as employer contributions or employee 19 contributions, and subject to the applicable limits set forth 20 in the Internal Revenue Code for such plans. A defined benefit 21 plan that supplements the retirement system established by this 22 chapter shall not be offered by public employers covered under 23 this chapter. 24 Sec. 17. Section 100B.13, subsection 2, Code 2009, is 25 amended to read as follows: 26 2. Revenue for the volunteer fire fighter preparedness fund 27 shall include , but is not limited to , the following: 28 a. Moneys credited to the fund pursuant to section 29 422.12F 422.12L . 30 b. Moneys credited to the fund pursuant to section 422.12G . 31 c. b. Moneys in the form of a devise, gift, bequest, 32 donation, or federal or other grant intended to be used for the 33 purposes of the fund. 34 Sec. 18. Section 100D.1, subsections 4 and 5, Code 35 -11- LSB 5365SC (32) 83 lh/rj 11/ 123

S.F. _____ Supplement 2009, are amended to read as follows: 1 4. “Fire extinguishing system contractor” means a 2 person or persons who are engaging in or representing 3 oneself themselves to the public as engaging in the activity or 4 business of layout, installation, repair, service, alteration, 5 addition, testing, maintenance, or maintenance inspection of 6 automatic fire extinguishing systems in this state, as defined 7 in section 100C.1, and who is certified pursuant to chapter 8 100C. 9 5. “Fire protection system” means a sprinkler system , 10 standpipe system , hose system, special hazard system, dry 11 systems system , foam systems system , or any water-based fire 12 protection system, either manual or automatically activated, 13 used for fire protection purposes that is composed of an 14 integrated system of underground and overhead piping connected 15 to a water source. For licensing purposes only “fire protection 16 system” does not include the water service piping to a structure 17 or building from a city water main. 18 Sec. 19. Section 103.1, subsection 1, Code Supplement 2009, 19 is amended to read as follows: 20 1. “Apprentice electrician” means any person who, as 21 such person’s principal occupation, is engaged in learning 22 and assisting in the installation, alteration, and repair 23 of electrical wiring, apparatus, and equipment as an 24 employee of a person licensed under this chapter, and who is 25 licensed by the board and is progressing toward completion 26 of an apprenticeship training program registered by the 27 bureau office of apprenticeship and training of the United 28 States department of labor. For purposes of this chapter, 29 persons who are not engaged in the installation, alteration, or 30 repair of electrical wiring, apparatus, and equipment, either 31 inside or outside buildings, shall not be considered apprentice 32 electricians. 33 Sec. 20. Section 103.12, subsection 1, Code 2009, is amended 34 to read as follows: 35 -12- LSB 5365SC (32) 83 lh/rj 12/ 123

S.F. _____ 1. An applicant for a class A journeyman electrician license 1 shall have successfully completed an apprenticeship training 2 program registered by the bureau office of apprenticeship and 3 training of the United States department of labor in accordance 4 with the standards established by that department or shall have 5 received training or experience for a period of time and under 6 conditions as established by the board by rule. 7 Sec. 21. Section 103.15, subsection 1, Code Supplement 8 2009, is amended to read as follows: 9 1. A person shall be licensed by the board and pay a 10 licensing fee to work as an apprentice electrician while 11 participating in an apprenticeship training program registered 12 by the bureau office of apprenticeship and training of the 13 United States department of labor in accordance with the 14 standards established by that department. An apprenticeship 15 shall be limited to six years from the date of licensure, 16 unless extended by the board upon a finding that a hardship 17 existed which prevented completion of the apprenticeship 18 program. Such licensure shall entitle the licensee to act as 19 an apprentice to an electrical contractor, a class A master 20 electrician, a class B master electrician, a class A journeyman 21 electrician, or a class B journeyman electrician as provided in 22 subsection 3. 23 Sec. 22. Section 103.15, subsection 2, paragraph a, Code 24 Supplement 2009, is amended to read as follows: 25 a. A person shall be licensed as an unclassified person by 26 the board to perform electrical work if the work is performed 27 under the personal supervision of a person actually licensed to 28 perform such work and the licensed and unclassified persons are 29 employed by the same employer. A person shall not be employed 30 continuously for more than one hundred days as an unclassified 31 person without having obtained a current license from the 32 board. For the purposes of determining whether a person has 33 been “employed continuously” for more than one hundred days 34 under this subsection, employment shall include any days not 35 -13- LSB 5365SC (32) 83 lh/rj 13/ 123

S.F. _____ worked due to illness, holidays, weekend days, and other 1 absences that do not constitute separation from or termination 2 of employment. Any period of employment as a nonlicensed 3 unclassified person shall not be credited to any applicable 4 experiential requirement of an apprenticeship training 5 program registered by the bureau office of apprenticeship and 6 training of the United States department of labor. 7 Sec. 23. Section 124.212A, subsection 1, paragraph a, Code 8 Supplement 2009, is amended to read as follows: 9 a. Provide for the sale of a pseudoephedrine product 10 in from a locked cabinet or behind the sales counter where the 11 public is unable to reach the product and where the public is 12 not permitted. 13 Sec. 24. Section 126.12, subsection 3, paragraph b, Code 14 2009, is amended to read as follows: 15 b. A drug which is licensed under the federal Public Health 16 Service Act of July 1, 1944, 42 U.S.C. § 201 et seq. or under 17 the Animal Virus, Serum, Toxin, Antitoxin Virus-Serum-Toxin Act 18 of March 4, 1913, 21 U.S.C. § 151 et seq. 19 Sec. 25. Section 126.23A, subsection 1, paragraph b, 20 subparagraph (1), Code Supplement 2009, is amended to read as 21 follows: 22 (1) Provide for the sale of a pseudoephedrine product 23 in from a locked cabinet or behind a sales counter where the 24 public is unable to reach the product and where the public is 25 not permitted. 26 Sec. 26. Section 135.107, subsection 3, paragraph b, 27 subparagraph (2), subparagraph division (h), Code Supplement 28 2009, is amended to read as follows: 29 (h) Upon availability of state funds, 30 determine determination of eligibility criteria and 31 qualifications for participating communities and applicants not 32 located in federally designated shortage areas. 33 Sec. 27. Section 135A.4, subsection 1, Code Supplement 34 2009, is amended to read as follows: 35 -14- LSB 5365SC (32) 83 lh/rj 14/ 123

S.F. _____ 1. A governmental public health advisory council is 1 established to advise the department and make policy 2 recommendations to the director of the department concerning 3 administration, implementation, and coordination of this 4 chapter and to make recommendations to the department regarding 5 the governmental public health system. The council shall meet 6 at a minimum of least quarterly. The council shall consist 7 of no fewer than fifteen members and no greater more than 8 twenty-three members. The members shall be appointed 9 by the director. The director may solicit and consider 10 recommendations from professional organizations, associations, 11 and academic institutions in making appointments to the 12 council. 13 Sec. 28. Section 135A.5, subsection 1, Code Supplement 14 2009, is amended to read as follows: 15 1. A governmental public health evaluation committee 16 is established to develop, implement, and evaluate the 17 governmental public health system and voluntary accreditation 18 program. The committee shall meet at least quarterly. The 19 committee shall consist of no fewer than eleven members and 20 no greater more than thirteen members. The members shall be 21 appointed by the director of the department. The director 22 may solicit and consider recommendations from professional 23 organizations, associations, and academic institutions in 24 making appointments to the committee. 25 Sec. 29. Section 135A.9, subsection 1, Code Supplement 26 2009, is amended to read as follows: 27 1. Incorporation of the Iowa public health standards 28 recommended to the department pursuant to section 29 135A.5 135A.4 , subsection 6. 30 Sec. 30. Section 142A.3, subsection 4, paragraph a, Code 31 Supplement 2009, is amended to read as follows: 32 a. Four members of the general assembly, with not more 33 than one member from each chamber being from the same 34 political party. The majority leader of the senate and 35 -15- LSB 5365SC (32) 83 lh/rj 15/ 123

S.F. _____ the minority leader of the senate shall each appoint one 1 of the senate members. The majority leader of the house 2 of representatives and the minority leader of the house of 3 representatives shall each appoint one of the house members. 4 Sec. 31. Section 155.12, Code 2009, is amended to read as 5 follows: 6 155.12 Conflict with federal law —— effect. 7 If any provision of this chapter is in conflict with the 8 requirements of section 1908 of the United States Social 9 Security Act (42 United States Code, section 1396g) codified at 10 42 U.S.C. § 1396g , relative to a state program for licensing of 11 administrators of nursing homes, and except for such conflict 12 the state would be entitled to receive contributions from the 13 United States for payment of assistance under the program 14 established pursuant to Title Tit. XIX of the United States 15 Social Security Act (42 United States Code, sections , codified 16 at 42 U.S.C. § 1396 – 1396g , inclusive) , such provision of this 17 chapter so in conflict with said statute of the United States 18 shall be considered as suspended and of no effect until sixty 19 days after the convening of the next regular session of the 20 general assembly after such conflict is discovered. 21 Sec. 32. Section 158.16, Code Supplement 2009, is amended 22 to read as follows: 23 158.16 Penalty. 24 A person convicted of violating any of the provisions of this 25 chapter shall be fined an amount not to exceed one thousand 26 dollars. 27 Sec. 33. Section 159.1, unnumbered paragraph 1, Code 2009, 28 is amended to read as follows: 29 For the purposes of subtitles 1 through 3 of this title, 30 excluding chapters 161A through and 161C, unless otherwise 31 provided: 32 Sec. 34. Section 159.1, subsection 5, Code 2009, is amended 33 to read as follows: 34 5. “Person” includes an individual, a corporation, company, 35 -16- LSB 5365SC (32) 83 lh/rj 16/ 123

S.F. _____ firm, society, or association; and the act, omission, or 1 conduct of any officer, agent, or other person acting in a 2 representative capacity shall be imputed to the organization 3 or person represented, and the person acting in such capacity 4 shall also be liable for violation of subtitles 1 through 3 of 5 this title, excluding chapters 161A through and 161C. 6 Sec. 35. Section 159.5, subsection 11, Code Supplement 7 2009, is amended to read as follows: 8 11. Establish, publish, and enforce rules not inconsistent 9 with law for the enforcement of the provisions of subtitles 10 1 through 3 of this title, excluding chapters 161A 11 through and 161C, and for the enforcement of the various laws, 12 the administration and supervision of which are imposed upon 13 the department. 14 Sec. 36. Section 159A.4, subsection 2, paragraph a, 15 unnumbered paragraph 1, Code Supplement 2009, is amended to 16 read as follows: 17 The following department agency representatives: 18 Sec. 37. Section 166D.2, subsection 31, Code 2009, is 19 amended to read as follows: 20 31. “Licensed pseudorabies vaccine” means a pseudorabies 21 virus vaccine produced under license from the United States 22 secretary of agriculture under the federal Virus, Serum and 23 Toxin Virus-Serum-Toxin Act of March 4, 1913, 21 U.S.C. § 151 24 et seq. 25 Sec. 38. Section 172A.5, Code 2009, is amended to read as 26 follows: 27 172A.5 Bonded packers registration. 28 A dealer or broker who has a bond required by the United 29 States department of agriculture under the Packers and 30 Stockyards Act of 1921 as amended, Title VII, sections 181 31 through 231, United States Code 7 U.S.C. § 181 — 231 , shall be 32 exempt from the provisions of this chapter upon registration 33 with the secretary. Registration shall be effective upon 34 filing with the secretary a certified copy of the bond filed 35 -17- LSB 5365SC (32) 83 lh/rj 17/ 123

S.F. _____ with the United States department of agriculture, and shall 1 continue in effect until that bond is terminated. 2 Sec. 39. Section 172D.3, subsection 2, paragraph a, Code 3 2009, is amended to read as follows: 4 a. Exclusion for federally mandated requirements. This 5 section shall apply to the department’s rules except for rules 6 required for delegation of the national pollutant discharge 7 elimination system permit program pursuant to the federal 8 Water Pollution Control Act, Title 33, United States Code, 33 9 U.S.C. ch. 126 26 , as amended, and 40 C.F.R. pt. 124. 10 Sec. 40. Section 196.9, Code 2009, is amended to read as 11 follows: 12 196.9 Eggs unfit for human food. 13 Eggs determined to be unfit for human food under title 21, 14 section 21 U.S.C. § 1034 of the United States Code as amended 15 to July 1, 1985 , shall not be bought or sold or offered for 16 purchase or sale by any person unless the eggs are denatured so 17 that they cannot be used for human food. 18 Sec. 41. Section 215.17, Code 2009, is amended to read as 19 follows: 20 215.17 Test weights to be used. 21 1. A person engaged in scale repair work for hire shall 22 use only test weights sealed by the department in determining 23 the effectiveness of repair work and the test weights shall be 24 sealed as to their accuracy once each year. However, a person 25 shall not claim to be an official scale inspector and shall 26 not use the test weights except to determine the accuracy of 27 scale repair work done by the person and the person shall not 28 be entitled to a fee for their use. A fee shall be charged 29 and collected at time of inspection for the inspection of such 30 weights as follows: 31 All weights up to and including 25 32 pounds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1.10 each 33 Over twenty-five pounds capacity, 34 up to and including 50 pounds . . . . . . . . . . . . . . . . . . . 2.25 each 35 -18- LSB 5365SC (32) 83 lh/rj 18/ 123

S.F. _____ Over 50 pounds capacity, up to and 1 including 100 pounds . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.00 each 2 Over 100 pounds capacity, up to 3 and including 500 pounds . . . . . . . . . . . . . . . . . . . . . . . . 4.50 each 4 Over 500 pounds capacity, up to 5 and including 1,000 pounds . . . . . . . . . . . . . . . . . . . . . . 7.50 each 6 2. The fee for all tank calibrations shall be as follows: 7 100 gallons up to and including 8 300 gallons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4.50 9 301 gallons up to and including 10 500 gallons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7.50 11 501 gallons up to and including 12 1,000 gallons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11.25 13 1,001 gallons up to and including 14 2,000 gallons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15.00 15 2,001 gallons up to and including 16 3,000 gallons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18.00 17 3,001 gallons up to and including 18 4,000 gallons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21.00 19 4,001 gallons up to and including 20 5,000 gallons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24.00 21 5,001 gallons up to and including 22 6,000 gallons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27.00 23 6,001 gallons up to and including 24 7,000 gallons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30.00 25 7,001 gallons and up . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37.50 26 3. Calibration shall not be required of a tank which is not 27 used for the purpose of measuring, or which is equipped with 28 a meter, and vehicle tanks loaded from meters and carrying a 29 printed ticket showing gallonage shall not be required to be 30 calibrated. 31 Sec. 42. Section 256A.4, subsection 1, Code 2009, is amended 32 to read as follows: 33 1. a. The board of directors of each school district may 34 develop and offer a family support program which provides 35 -19- LSB 5365SC (32) 83 lh/rj 19/ 123

S.F. _____ outreach and incentives for the voluntary participation of 1 expectant parents and parents of children in the period of 2 life from birth through age five, who reside within district 3 boundaries, in educational family support experiences designed 4 to assist parents in learning about the physical, mental, and 5 emotional development of their children. A board may contract 6 with another school district or public or private nonprofit 7 agency for provision of the approved program or program site. 8 b. A family support program shall meet multicultural gender 9 fair guidelines. The program shall encourage parents to be 10 aware of practices that may affect equitable development of 11 children. The program shall include parents in the planning, 12 implementation, and evaluation of the program. A program 13 shall be designed to meet the needs of the residents of the 14 participating district and may use unique approaches to provide 15 for those needs. The goals of a family support program shall 16 include , but are not limited to , the following: 17 a. (1) Family involvement as a key component of school 18 improvement with an emphasis on communication and active family 19 participation in family support programming. 20 b. (2) Family participation in the planning and 21 decision-making process for the program and encouragement of 22 long-term parental involvement in their children’s education. 23 c. (3) Meeting the educational and developmental needs of 24 expectant parents and parents of young children. 25 d. (4) Developmentally appropriate activities for children 26 that include those skills necessary for adaptation to both the 27 home and school environments. 28 Sec. 43. Section 257.9, subsection 8, Code Supplement 2009, 29 is amended to read as follows: 30 8. Early intervention supplement state cost per pupil. For 31 the budget year beginning July 1, 2009, for the early 32 intervention supplement state cost per pupil, the department of 33 management shall add together the early intervention allocation 34 made to each district for the fiscal year beginning July 35 -20- LSB 5365SC (32) 83 lh/rj 20/ 123

S.F. _____ 1, 2008, pursuant to section 256D.4, Code 2009, and divide 1 that sum by the statewide total budget enrollment for the 2 fiscal year beginning July 1, 2009. The early intervention 3 supplement state cost per pupil for the budget year beginning 4 July 1, 2010, and succeeding budget years, shall be the 5 amount calculated by the department of management under this 6 subsection for the base year plus an allowable growth amount 7 that is equal to the early intervention supplement categorical 8 state percent of growth, pursuant to section 257.8, subsection 9 2, for the budget year, multiplied by the amount calculated by 10 the department of management under this subsection for the base 11 year. 12 Sec. 44. Section 257.10, subsection 11, paragraph a, Code 13 Supplement 2009, is amended to read as follows: 14 a. For the budget year beginning July 1, 2009, the 15 department of management shall divide the early intervention 16 allocation made to each district for the fiscal year beginning 17 July 1, 2008, pursuant to section 256D.4, Code 2009, by the 18 district’s budget enrollment in the fiscal year beginning July 19 1, 2009, to determine the early intervention supplement cost 20 per pupil. For the budget year beginning July 1, 2010, and 21 succeeding budget years, the early intervention supplement 22 district cost per pupil for each school district for a budget 23 year is the early intervention supplement district cost per 24 pupil for the base year plus the early development supplement 25 state allowable growth amount for the budget year. 26 Sec. 45. Section 257.15, subsection 1, paragraph a, Code 27 2009, is amended to read as follows: 28 a. For the budget year beginning July 1, 1991, the 29 department of management shall calculate for each district the 30 difference between the sum of the revenues generated by the 31 foundation property tax and the additional property tax in the 32 district calculated under this chapter and the revenues that 33 would have been generated by the foundation property tax and 34 the additional property tax in that district for that budget 35 -21- LSB 5365SC (32) 83 lh/rj 21/ 123

S.F. _____ year calculated under chapter 442, Code 1989, if chapter 442 , 1 Code 1989, were in effect, except that the revenues that 2 would have been generated by the additional property tax levy 3 under chapter 442 , Code 1989, shall not include revenues 4 generated for the school improvement program. However in 5 making the calculation of the difference in revenues under 6 this subsection, the department shall not include the revenues 7 generated under section 257.37 and under chapter 442, Code 8 1989, for funding media and educational services through the 9 area education agencies. If the property tax revenues for a 10 district calculated under this chapter exceed the property tax 11 revenues for that district calculated under chapter 442, Code 12 1989, the department of management shall reduce the revenues 13 raised by the additional property tax levy in that district 14 under this chapter by that difference and the department of 15 education shall pay property tax adjustment aid to the district 16 equal to that difference from moneys appropriated for property 17 tax adjustment aid. 18 Sec. 46. Section 262A.2, subsection 5, Code Supplement 19 2009, is amended to read as follows: 20 5. “Institutional income” shall mean income received by an 21 institution from sources other than (a) student the following: 22 a. Student fees and charges , (b) rates . 23 b. Rates , fees, rentals or charges imposed and collected 24 under the provisions of (1) sections 262.35 through 262.42, 25 (2) sections 262.44 through 262.53, and (3) sections 262.55 26 through 262.66 , (c) state . 27 c. State appropriations , and (d) “hospital . 28 d. “Hospital income” , as that term is defined in subsection 29 4 of section 263A.1. 30 Sec. 47. Section 279.14, subsection 2, Code 2009, is amended 31 to read as follows: 32 2. The determination of standards of performance expected 33 of school district personnel shall be reserved as an exclusive 34 management right of the school board and shall not be subject 35 -22- LSB 5365SC (32) 83 lh/rj 22/ 123

S.F. _____ to mandatory negotiations under chapter 20. Notwithstanding 1 chapter 20, objections to the procedures, use, or content of 2 an evaluation in a teacher termination proceeding brought 3 before the school board in a hearing held in accordance with 4 section 279.16 or 279.27 shall not be subject to the grievance 5 procedures negotiated in accordance with chapter 20. A school 6 district shall not be obligated to process any evaluation 7 grievance after service of a notice and recommendation to 8 terminate an individual’s continuing teaching contract in 9 accordance with this chapter 279 . 10 Sec. 48. Section 282.1, subsection 1, Code Supplement 2009, 11 is amended to read as follows: 12 1. Persons between five and twenty-one years of age are of 13 school age. Nonresident children shall be charged the maximum 14 tuition rate as determined in section 282.24, subsection 15 1, with the exception that those residing temporarily in 16 a school corporation may attend school in the corporation 17 upon terms prescribed by the board , and boards . A school 18 district discontinuing grades under section 282.7, subsection 1 19 or subsections 1 and 3, shall be charged tuition as provided in 20 section 282.24, subsection 2 1 . 21 Sec. 49. Section 298.18, subsection 1, paragraph d, Code 22 Supplement 2009, is amended to read as follows: 23 d. The amount estimated and certified to apply on principal 24 and interest for any one year may exceed two dollars and 25 seventy cents per thousand dollars of assessed value by the 26 amount approved by the voters of the school corporation, 27 but not exceeding four dollars and five cents per thousand 28 dollars of the assessed value of the taxable property within 29 any school corporation, provided that the registered voters 30 of such school corporation have first approved such increased 31 amount at an election held on a date specified in section 39.2, 32 subsection 4, paragraph “c” . 33 Sec. 50. Section 299.1, unnumbered paragraph 2, Code 2009, 34 is amended to read as follows: 35 -23- LSB 5365SC (32) 83 lh/rj 23/ 123

S.F. _____ The board of directors of a public school district or the 1 governing body of an accredited nonpublic school may, by 2 resolution, require attendance for the entire time when the 3 schools are in session in any school year and adopt a policy 4 or rules relating to the reasons considered to be valid or 5 acceptable excuses for absence from school. 6 Sec. 51. Section 306C.20, Code 2009, is amended to read as 7 follows: 8 306C.20 Bonus funds agreements. 9 The department shall enter into agreements with the duly 10 constituted federal authorities in order to secure for the 11 state all bonus federal funds allotted and appropriations to 12 the state and to avoid loss or reduction, under Title 23, 13 section 131, of the United States Code 23 U.S.C. § 131 , of 14 federal aid funds apportioned or to be apportioned to the 15 state under Title 23, section 104 of the United States Code 23 16 U.S.C. § 104 . The department may accept funds from whatever 17 source, including any allotment of funds by the United States, 18 or any of its departments or agencies, appropriated to carry 19 out the purposes of Title 23, section 131 of the United States 20 Code 23 U.S.C. § 131 . The department shall take such steps as 21 may be necessary to obtain from the United States or any of its 22 departments or agencies, funds allotted and appropriated for 23 the purpose of paying the federal share of just compensation 24 to be paid to advertising device owners and owners of the 25 real property under the terms of this chapter and Title 23, 26 section 131, paragraph “g” of the United States Code 23 U.S.C. 27 § 131(g) . All moneys received pursuant to the provisions of 28 this chapter shall be deposited in the “highway beautification 29 fund”. 30 Sec. 52. Section 321.166, subsection 4, Code Supplement 31 2009, is amended to read as follows: 32 4. The registration plate number, except on motorized 33 bicycle bicycles , motorcycle motorcycles , motorcycle 34 trailer trailers , and trailers with an empty weight of two 35 -24- LSB 5365SC (32) 83 lh/rj 24/ 123

S.F. _____ thousand pounds or less shall be of sufficient size to be 1 readable from a distance of one hundred feet during daylight. 2 Sec. 53. Section 331.321, subsection 1, paragraph a, Code 3 Supplement 2009, is amended to read as follows: 4 a. A veterans memorial commission in accordance with 5 sections 37.9 to , 37.10, and 37.15, when a proposition to 6 erect a memorial building or monument has been approved by the 7 voters. 8 Sec. 54. Section 331.508, subsection 10, Code 2009, is 9 amended to read as follows: 10 10. Real estate transfer book, index book, and plat 11 book as provided in sections 558.60 to , 558.63, and 558.65 12 through 558.67. 13 Sec. 55. Section 420.220, Code 2009, is amended to read as 14 follows: 15 420.220 City tax sale after public bidder sale. 16 1. Property located in a city acting under special charter 17 which collects its own taxes, shall not, after sale of such 18 property to the county for taxes, be offered or sold at any 19 sale for taxes or special assessments collectible by any such 20 city except in the following events: 21 1. a. In the event of redemption from sale to the county 22 or transfer by the county of the certificate of purchase then 23 sale may be made by the city as freely as if this section 24 and sections 420.220 to 420.221 through 420.229 had never 25 become law. 26 2. b. In the event that any special assessment or 27 installment thereof levied by any such city, prior to April 22, 28 1941, shall be or become delinquent, then the property against 29 which the same was levied may be sold therefor only at the 30 first regular tax sale of such city occurring within such a 31 period of time after delinquency that sale for such assessment 32 or installment might lawfully be made at such first regular tax 33 sale. 34 3. c. In the event of sale or conveyance of the property 35 -25- LSB 5365SC (32) 83 lh/rj 25/ 123

S.F. _____ by the county after issuance of tax deed to it then sale may 1 be made for general city taxes levied after such sale or 2 conveyance by the county. 3 4. d. In the event of levy of any special assessment 4 against the property after purchase thereof at tax sale by the 5 county, then sale may be made for any such special assessment 6 or installment thereof, then delinquent. 7 2. The county auditor shall, promptly after the purchase 8 of any real estate by the county at tax sale, certify to the 9 city treasurer of any such city, a statement showing the tracts 10 or parcels so purchased and the dates of purchase thereof 11 respectively. In the event either of redemption from any 12 such sale or transfer of the certificate of purchase, the 13 county auditor shall promptly certify to the city treasurer 14 a statement showing such redemption or transfer. The city 15 treasurer shall make appropriate entries in the treasurer’s tax 16 books of the facts so certified by the county auditor as well 17 as of the matters certified by such treasurer to said auditor 18 under the provisions of section 420.222. 19 Sec. 56. Section 422.34, subsection 1, Code 2009, is amended 20 to read as follows: 21 1. All state, national, private, co-operative cooperative , 22 and savings banks, credit unions, title insurance and trust 23 companies, savings and loan associations, production credit 24 associations, insurance companies or insurance associations, 25 reciprocal or inter-insurance exchanges, and fraternal 26 beneficiary associations. 27 Sec. 57. Section 424.16, subsection 2, Code Supplement 28 2009, is amended to read as follows: 29 2. A notice authorized or required under this section may 30 be given by mailing the notice to the person for whom it is 31 intended, addressed to that person at the address given in the 32 last return filed by the person pursuant to this chapter, or if 33 no return has been filed, then to any address obtainable. The 34 mailing of the notice is presumptive evidence of the receipt 35 -26- LSB 5365SC (32) 83 lh/rj 26/ 123

S.F. _____ of the notice by the person to whom addressed. Any period 1 of time which is determined according to this chapter by the 2 giving of notice commences to run from the date of mailing of 3 the notice. Neither mailed notice or nor notice by publication 4 is required for the initial determination and imposition of the 5 charge. The board shall undertake to provide reasonable notice 6 of the environmental protection charge and procedures, as in 7 the board’s sole discretion it deems appropriate, provided that 8 the actual charge and procedures are published in the Iowa 9 administrative bulletin prior to the effective date of the 10 charge. 11 Sec. 58. Section 433.7, Code Supplement 2009, is amended to 12 read as follows: 13 433.7 Hearing. 14 At the time of determination of value of by the director of 15 revenue, any company interested shall have the right to appear, 16 by its officers or agents, before the director of revenue and 17 be heard on the question of the valuation of its property for 18 taxation. 19 Sec. 59. Section 455B.131, subsection 13, paragraph b, Code 20 2009, is amended to read as follows: 21 b. Qualifies as a small business concern by the United 22 States department of commerce pursuant to 15 U.S.C. § 632 631, 23 et seq . 24 Sec. 60. Section 455B.602, subsection 8, paragraph a, Code 25 2009, is amended to read as follows: 26 a. “Responsible person” means a person who is legally 27 liable for the contamination or who is legally responsible 28 for abating contamination under any applicable law, including 29 chapters 455B and this chapter, chapter 455E, and the common 30 law. This may include a person causing, allowing, or otherwise 31 participating in the activities or events which cause the 32 contamination, persons who have failed to conduct their 33 activities so as to prevent the release of contaminants into 34 groundwater, persons who are obligated to abate a condition, or 35 -27- LSB 5365SC (32) 83 lh/rj 27/ 123

S.F. _____ persons responsible for or a successor to such persons. 1 Sec. 61. Section 455G.3, subsection 3, paragraph b, Code 2 2009, is amended to read as follows: 3 b. To establish a loan guarantee account, as provided by and 4 to the extent permitted by section 455G.10 , Code 1999 . 5 Sec. 62. Section 455G.21, subsection 3, Code 2009, is 6 amended to read as follows: 7 3. Moneys in the fund shall not be used for purposes of 8 bonding or providing security for bonding under this chapter 9 455G . 10 Sec. 63. Section 466B.3, subsection 4, paragraphs e and k, 11 Code Supplement 2009, are amended to read as follows: 12 e. The director administrator of the homeland security 13 and emergency management division of the department of public 14 defense or the director’s administrator’s designee. 15 k. The executive director of the Iowa finance authority or 16 the executive director’s designee. 17 Sec. 64. Section 483A.24, subsection 2, paragraph f, Code 18 2009, is amended to read as follows: 19 f. (1) A deer hunting license or wild turkey hunting 20 license issued pursuant to this subsection shall be attested by 21 the signature of the person to whom the license is issued and 22 shall contain a statement in substantially the following form: 23 By signing this license I certify that I qualify as an owner 24 or tenant under Iowa Code section 483A.24. 25 (2) A person who makes a false attestation as described 26 in under this paragraph “f” is guilty of a simple misdemeanor. 27 In addition, the person’s hunting license shall be revoked and 28 the person shall not be issued a hunting license for a period 29 of one year. 30 Sec. 65. Section 483A.24, subsection 14, Code 2009, is 31 amended to read as follows: 32 14. Upon payment of the fee of five dollars for a lifetime 33 fishing license or lifetime hunting and fishing combined 34 license, the department shall issue a lifetime fishing license 35 -28- LSB 5365SC (32) 83 lh/rj 28/ 123

S.F. _____ or lifetime hunting and fishing combined license to a resident 1 of Iowa who has served in the armed forces of the United 2 States on active federal service and who was disabled or was a 3 prisoner of war during that veteran’s military service. The 4 department shall prepare an application to be used by a person 5 requesting a lifetime fishing license or lifetime hunting and 6 fishing combined license under this subsection. The department 7 of veterans affairs shall assist the department in verifying 8 the status or claims of applicants under this subsection. As 9 used in this subsection, “disabled” means entitled to a service 10 connected rating under the United States Code, Title 38, 38 11 U.S.C. ch. 11. 12 Sec. 66. Section 489.1013, subsection 3, paragraph c, Code 13 2009, is amended to read as follows: 14 c. A statement that the domestication was approved as 15 required by this chapter. 16 Sec. 67. Section 491.36, Code 2009, is amended to read as 17 follows: 18 491.36 Foreign-trade zone corporation. 19 A corporation may be organized under the laws of this state 20 for the purpose of establishing, operating , and maintaining 21 a foreign-trade zone as defined in 19 United States Code, 22 § 81(a) U.S.C. § 81a . A corporation organized for the 23 purposes set forth in this section has all powers necessary 24 or convenient for applying for a grant of authority to 25 establish, operate , and maintain a foreign-trade zone under the 26 provisions of 19 United States Code § 81(a) U.S.C. § 81a , et 27 seq., and rules promulgated thereunder, and for establishing, 28 operating , and maintaining a foreign-trade zone pursuant to 29 that grant of authority. 30 Sec. 68. Section 518.14, subsection 4, paragraph g, Code 31 Supplement 2009, is amended to read as follows: 32 g. Home office real estate. With the prior approval of 33 the commissioner, funds may be invested in a home office real 34 estate for the association or a subsidiary, at the direction of 35 -29- LSB 5365SC (32) 83 lh/rj 29/ 123

S.F. _____ the board of directors. The association or subsidiary shall 1 obtain the approval of the commissioner prior to the sale or 2 disposition of home office real estate owned by the association 3 or subsidiary. Effective as to home office real estate 4 acquired on or after July 1, 2009, an association shall not 5 invest more than twenty percent of its total admitted assets in 6 such real estate. With the prior approval of the commissioner, 7 an association may exceed the real estate investment limitation 8 to effectuate a merger with, or the acquisition of, another 9 association. 10 Sec. 69. Section 518A.12, subsection 4, paragraph g, Code 11 Supplement 2009, is amended to read as follows: 12 g. Home office real estate. With the prior approval of 13 the commissioner, funds may be invested in a home office real 14 estate for the association or a subsidiary, at the direction of 15 the board of directors. The association or subsidiary shall 16 obtain the approval of the commissioner prior to the sale or 17 disposition of home office real estate owned by the association 18 or subsidiary. Effective as to home office real estate 19 acquired on or after July 1, 2009, an association shall not 20 invest more than twenty percent of its total admitted assets in 21 such real estate. With the prior approval of the commissioner, 22 an association may exceed the real estate investment limitation 23 to effectuate a merger with, or the acquisition of, another 24 association. 25 Sec. 70. Section 533A.8, subsection 5, unnumbered paragraph 26 1, Code Supplement 2009, is amended to read as follows: 27 If the debt management program is based on a model which 28 requires the licensee or any licensee to receive money or 29 evidences thereof from the debtor to distribute to the debtor’s 30 creditors, the licensee who receives the money or evidences 31 thereof from the debtor for distribution to the debtor’s 32 creditors shall do all of the following: 33 Sec. 71. Section 537.5105, subsection 2, unnumbered 34 paragraph 1, Code 2009, is amended to read as follows: 35 -30- LSB 5365SC (32) 83 lh/rj 30/ 123

S.F. _____ In addition to the provisions of section 642.21, the 1 maximum part of the aggregate disposable earnings of an 2 individual for any workweek which is subjected to garnishment 3 to enforce payment of a judgment arising from a consumer credit 4 transaction may not exceed the lesser of twenty-five percent 5 of the individual’s disposable earnings for that week, or 6 the amount by which the individual’s disposable earnings for 7 that week exceed forty times the federal minimum hourly wage 8 prescribed by the Fair Labor Standards Act of 1938, United 9 States Code, title 29, section 206, subsection “a,” paragraph 10 (1) 29 U.S.C. 206(a)(1) , in effect at the time the earnings are 11 payable. 12 Sec. 72. Section 543C.2, subsection 9, Code 2009, is amended 13 to read as follows: 14 9. If the subdivided land sought to be filed comes 15 within the purview of the interstate land sales full 16 disclosure federal Interstate Land Sales Full Disclosure Act 17 (Title 15, United States Code section , codified at 15 U.S.C. 18 § 1701 et seq.) seq., the subdivider must furnish a copy of the 19 accepted report filed with the department of housing and urban 20 development. If the subdivision comes under the regulation of 21 the real estate laws of the state where the land is located 22 and that state requires a state offering statement or public 23 report, the subdivider must also include a copy of said state 24 report. 25 Sec. 73. Section 554.2310, subsection 3, Code Supplement 26 2009, is amended to read as follows: 27 3. if delivery is authorized and made by way of documents 28 of title otherwise than by subsection 2 then payment is due 29 regardless of where the goods are to be received (i) at the 30 time and place at which the buyer is to receive delivery of the 31 tangible documents or (ii) at the time the buyer is to receive 32 delivery of the electronic documents and at the seller’s place 33 of business or if none, the seller’s residence; and 34 Sec. 74. Section 554.12403, subsection 2, Code 2009, is 35 -31- LSB 5365SC (32) 83 lh/rj 31/ 123

S.F. _____ amended to read as follows: 1 2. a. (i) If the sender and receiving bank are members of 2 a funds-transfer system that nets obligations multilaterally 3 among participants, the receiving bank receives final 4 settlement when settlement is complete in accordance with the 5 rules of the system. 6 b. (ii) The obligation of the sender to pay the amount of 7 a payment order transmitted through the funds-transfer system 8 may be satisfied, to the extent permitted by the rules of 9 the system, by setting off and applying against the sender’s 10 obligation the right of the sender to receive payment from 11 the receiving bank of the amount of any other payment order 12 transmitted to the sender by the receiving bank through the 13 funds-transfer system. 14 c. (iii) The aggregate balance of obligations owed by each 15 sender to each receiving bank in the funds-transfer system 16 may be satisfied, to the extent permitted by the rules of the 17 system, by setting off and applying against that balance the 18 aggregate balance of obligations owed to the sender by other 19 members of the system. The aggregate balance is determined 20 after the right of setoff stated in clause (ii) of this 21 subsection paragraph “b” has been exercised. 22 Sec. 75. Section 554B.2, Code 2009, is amended to read as 23 follows: 24 554B.2 Security interest. 25 A security interest in rolling stock of a transmitting 26 utility may be perfected either as provided in the Uniform 27 Commercial Code, chapter 554, or as provided in the Interstate 28 Commerce ICC Termination Act of 1995 , 49 U.S.C. , section 20 29 “c.” § 701, 11301. 30 Sec. 76. Section 602.8106, subsection 1, paragraph d, Code 31 Supplement 2009, is amended to read as follows: 32 d. The For court costs in scheduled violation cases where a 33 court appearance is required, sixty dollars. 34 Sec. 77. Section 626D.3, subsection 2, Code 2009, is amended 35 -32- LSB 5365SC (32) 83 lh/rj 32/ 123

S.F. _____ to read as follows: 1 2. The person filing the tribal judgment shall make and file 2 with the clerk of court an affidavit setting forth the name and 3 last known address of the party seeking enforcement and the 4 responding party. Upon the filing of the tribal judgment and 5 accompanying affidavit, the enforcing party shall serve upon 6 the responding party a notice of filing of the tribal judgment 7 together with a copy of the tribal judgment in accordance with 8 Iowa rule of civil procedure 1.442 of the Iowa rules of civil 9 procedure . The enforcing party shall file proof of service or 10 mailing with the clerk of court. The notice of filing shall 11 include the name and address of the enforcing party and the 12 enforcing party’s attorney, if any, and shall include the text 13 contained in sections 626D.4 and 626D.5. 14 Sec. 78. Section 633.517, subsection 1, Code 2009, is 15 amended to read as follows: 16 1. A written finding of presumed death, made by the 17 secretary of defense, or other officer or employee of the 18 United States authorized to make such finding, pursuant to 19 the federal Missing Persons Act [56 , 56 Stat. 143, 1092, and 20 P.L. 408, Ch. 371, 2d Session 78th Congress ; 50 U.S.C. App. 21 Supp. 1001-17] codified at 10 U.S.C. 1501, et seq. , as now or 22 hereafter amended, or a duly certified copy of such a finding, 23 shall be received in any court, office , or other place in this 24 state, as evidence of the death of the person therein found 25 to be dead, and of the date, circumstances, and place of the 26 disappearance. 27 Sec. 79. Section 636.45, Code Supplement 2009, is amended 28 to read as follows: 29 636.45 Federally insured loans. 30 1. Insurance companies, building savings and loan 31 associations, trustees, guardians, executors, administrators, 32 and other fiduciaries, the state and its political 33 subdivisions, and institutions and agencies thereof, and all 34 other persons, associations, and corporations (1) may : 35 -33- LSB 5365SC (32) 83 lh/rj 33/ 123

S.F. _____ a. May make such loans and advances of credit and purchases 1 of obligations representing loans and advances of credit as 2 are eligible for insurance pursuant to Tit. I, section § 2, of 3 the National Housing Act [12 (1934), codified at 12 U.S.C. ch. 4 13] 13 , and may obtain such insurance , (2) may ; 5 b. May make such loans, secured by real property or 6 leasehold, as the federal housing administrator insures 7 or makes a commitment to insure pursuant to Tit. II of 8 the National Housing Act (1934) , and may obtain such 9 insurance , ; and (3) may 10 c. May make real property loans which are guaranteed or 11 insured by the secretary of the United States department of 12 veterans affairs under the provisions of Tit. 38, sections 1801 13 through 1824, inclusive, United States Code 38 U.S.C. § 3701 14 et seq . 15 2. It shall be lawful for insurance companies, building 16 and loan associations, trustees, guardians, executors, 17 administrators, and other fiduciaries, the state and its 18 political subdivisions, and institutions and agencies thereof, 19 and all other persons, associations, and corporations, subject 20 to the laws of this state, to originate real estate loans which 21 are guaranteed or insured by the secretary of the United States 22 department of veterans affairs under the provisions of Tit. 38, 23 sections 1801 through 1824, inclusive, United States Code 38 24 U.S.C. § 3701 et seq. , and originate loans secured by real 25 property or leasehold, as the federal housing administrator 26 insures or makes a commitment to insure pursuant to Tit. II of 27 the National Housing Act (1934) , and may obtain such insurance 28 and may invest their funds, and the moneys in their custody or 29 possession, eligible for investment, in bonds and notes secured 30 by mortgage or trust deed insured by the federal housing 31 administrator, and in the debentures issued by the federal 32 housing administrator pursuant to Tit. II of the National 33 Housing Act (1934) , and in securities issued by national 34 mortgage associations or similar credit institutions now or 35 -34- LSB 5365SC (32) 83 lh/rj 34/ 123

S.F. _____ hereafter organized under Tit. III of the National Housing 1 Act (1934) , and in real estate loans which are guaranteed or 2 insured by the secretary of the United States department of 3 veterans affairs under the provisions of Tit. 38, sections 1801 4 through 1824, inclusive, United States Code 38 U.S.C. § 3701 5 et seq . 6 Sec. 80. Section 669.22, Code 2009, is amended to read as 7 follows: 8 669.22 Actions in federal court. 9 The state shall defend any employee, and shall indemnify and 10 hold harmless an employee of the state in any action commenced 11 in federal court under section 1983, Title 42, United States 12 Code, 42 U.S.C. § 1983 against the employee for acts of the 13 employee while acting in the scope of employment. The duty to 14 indemnify and hold harmless shall not apply and the state shall 15 be entitled to restitution from an employee if the employee 16 fails to cooperate in the investigation or defense of the claim 17 or demand, or if, in an action commenced by the state against 18 the employee, it is determined that the conduct of the employee 19 upon which the claim or demand was based constituted a willful 20 and wanton act or omission or malfeasance in office. 21 Sec. 81. Section 670.8, unnumbered paragraph 2, Code 2009, 22 is amended to read as follows: 23 The duties to defend and to save harmless and indemnify shall 24 apply whether or not the municipality is a party to the action 25 and shall include but not be limited to cases arising under 26 title 42 United States Code section 42 U.S.C. § 1983. 27 Sec. 82. Section 714B.10, subsection 2, Code 2009, is 28 amended to read as follows: 29 2. Advertising in connection with the sale or purchase of 30 books, recordings, videocassettes, periodicals, and similar 31 goods through a membership group or club which is regulated 32 by the federal trade commission pursuant to Code of Federal 33 Regulations, Title 16, part 4525.1 16 C.F.R. pt. 425.1 , 34 concerning use of negative option plans by sellers in commerce. 35 -35- LSB 5365SC (32) 83 lh/rj 35/ 123

S.F. _____ Sec. 83. Section 723.4, subsection 6, paragraph b, 1 unnumbered paragraph 1, Code 2009, is amended to read as 2 follows: 3 As used in this section subsection : 4 Sec. 84. 2009 Iowa Acts, chapter 9, section 6, subsection 1, 5 is amended by striking the subsection. 6 Sec. 85. 2009 Iowa Acts, chapter 100, section 35, is amended 7 to read as follows: 8 SEC. 35. EFFECTIVE AND APPLICABILITY DATES. This division 9 of this Act, being deemed of immediate importance, takes effect 10 upon enactment and applies to disaster recovery housing project 11 costs incurred on or after the effective date of this division 12 of this Act and before July 1, 2010. 13 Sec. 86. 2009 Iowa Acts, chapter 175, section 25, is amended 14 to read as follows: 15 SEC. 25. EFFECTIVE DATE. The section of this Act amending 16 section 455B.172, subsection 1 11 , paragraph “a”, as enacted 17 by 2008 Iowa Acts, chapter 1033, section 1, takes effect July 18 1, 2010. 19 Sec. 87. 2009 Iowa Acts, chapter 179, section 30, is amended 20 to read as follows: 21 SEC. 30. Section 12.90C, subsection 2, paragraph a, if 22 enacted by 2009 Iowa Acts, Senate File 477, is amended to read 23 as follows: 24 3. a. The net proceeds of bonds issued pursuant to section 25 12.90A other than bonds issued for the purpose of refunding 26 such bonds and investment earnings on the net proceeds. 27 Sec. 88. 2009 Iowa Acts, chapter 179, sections 201 and 202, 28 are amended to read as follows: 29 SEC. 201. IMPLEMENTATION. Section 25B.7 does not apply 30 to the property tax exemption enacted in this division of 31 this Act. 32 SEC. 202. APPLICABILITY DATE PROVISION. The sections of 33 this division of this Act providing sales and use tax refunds 34 apply to sales and use tax paid on or after July 1, 2009. 35 -36- LSB 5365SC (32) 83 lh/rj 36/ 123

S.F. _____ Sec. 89. REPEAL. 2009 Iowa Acts, chapter 133, sections 228 1 and 247, are repealed. 2 Sec. 90. REPEAL. 2009 Iowa Acts, chapter 170, section 3, 3 is repealed. 4 DIVISION II 5 VOLUME III RENUMBERING 6 Sec. 91. Section 260C.14, subsections 10 and 17, Code 7 Supplement 2009, are amended to read as follows: 8 10. Make necessary rules to provide for the policing, 9 control, and regulation of traffic and parking of vehicles and 10 bicycles on the property of the community college. 11 a. The rules may provide for the use of institutional roads, 12 driveways, and grounds; registration of vehicles and bicycles; 13 the designation of parking areas; the erection and maintenance 14 of signs designating prohibitions or restrictions; the 15 installation and maintenance of parking control devices except 16 parking meters; and assessment, enforcement, and collection of 17 reasonable penalties for the violation of the rules. 18 b. Rules made under this subsection may be enforced under 19 procedures adopted by the board of directors. Penalties may 20 be imposed upon students, faculty, and staff for violation 21 of the rules, including , but not limited to , a reasonable 22 monetary penalty which may be deducted from student deposits 23 and faculty or staff salaries or other funds in possession of 24 the community college or added to student tuition bills. The 25 rules made under this subsection may also be enforced by the 26 impoundment of vehicles and bicycles parked in violation of 27 the rules, and a reasonable fee may be charged for the cost of 28 impoundment and storage prior to the release of the vehicle or 29 bicycle to the owner. Each community college shall establish 30 procedures for the determination of controversies in connection 31 with the imposition of penalties. The procedures shall require 32 giving notice of the violation and the penalty prescribed and 33 providing the opportunity for an administrative hearing. 34 17. a. Provide for eligible alternative retirement benefits 35 -37- LSB 5365SC (32) 83 lh/rj 37/ 123

S.F. _____ systems which shall be limited to the following: 1 a. (1) An alternative retirement benefits system which is 2 issued by or through a nonprofit corporation issuing retirement 3 annuities exclusively to educational institutions and their 4 employees for persons newly employed after July 1, 1990, and 5 for persons employed by the community college who are members 6 of the Iowa public employees’ retirement system on July 1, 7 1994, and who elect coverage under that system pursuant to 8 section 97B.42, in lieu of coverage under the Iowa public 9 employees’ retirement system. 10 b. (2) An alternative retirement benefits system which 11 is issued by or through an insurance company authorized to 12 issue annuity contracts in this state, for persons newly 13 employed on or after July 1, 1997, who are already members 14 of the alternative retirement benefits system and who elect 15 coverage under that system pursuant to section 97B.42, in lieu 16 of coverage under the Iowa public employees’ retirement system. 17 c. (3) An alternative retirement benefits system offered 18 through the community college, at the discretion of the 19 board of directors of the community college, pursuant to 20 this lettered paragraph subparagraph which is issued by or 21 through an insurance company authorized to issue annuity 22 contracts in this state, for persons newly employed by that 23 community college on or after July 1, 1998, who are not 24 members of the alternative retirement benefits system and 25 who elect coverage under that system pursuant to section 26 97B.42, in lieu of coverage under the Iowa public employees’ 27 retirement system. The board of directors of a community 28 college may limit the number of providers of alternative 29 retirement benefits systems offered pursuant to this lettered 30 paragraph subparagraph to no more than six. The selection by 31 the board of directors of a community college of a provider 32 of an alternative retirement benefits system pursuant to 33 this lettered paragraph subparagraph shall not constitute an 34 endorsement of that provider by the community college. 35 -38- LSB 5365SC (32) 83 lh/rj 38/ 123

S.F. _____ b. However, the employer’s annual contribution in dollars 1 under an eligible alternative retirement benefits system 2 described in this subsection shall not exceed the annual 3 contribution in dollars which the employer would contribute if 4 the employee had elected to remain an active member pursuant 5 to the Iowa public employees’ retirement system, as set forth 6 in section 97B.11. 7 c. For purposes of this subsection, “alternative retirement 8 benefits system” means an employer-sponsored primary pension 9 plan requiring mandatory employer contributions that meets 10 the requirements of section 401(a), 403(a), or 403(b) of the 11 Internal Revenue Code. 12 Sec. 92. Section 261.1, Code 2009, is amended to read as 13 follows: 14 261.1 Commission created. 15 1. There is hereby created a commission to be known as the 16 “College Student Aid Commission” of the state of Iowa. 17 2. Membership of the commission shall be as follows: 18 1. a. A member of the state board of regents to be named 19 by the board, or the executive director of the board if 20 so appointed by the board, who shall serve for a four-year 21 term or until the expiration of the member’s term of office. 22 Such member shall convene the organizational meeting of the 23 commission. 24 2. b. The director of the department of education or the 25 director’s designee. 26 3. a. c. (1) Two members of the senate, one to be 27 appointed by the president of the senate and one to be 28 appointed by the minority leader of the senate, to serve as ex 29 officio, nonvoting members. 30 b. (2) Two members of the house of representatives, one 31 to be appointed by the speaker of the house of representatives 32 and one to be appointed by the minority leader of the house of 33 representatives, to serve as ex officio, nonvoting members. 34 c. (3) The members of the senate and house of 35 -39- LSB 5365SC (32) 83 lh/rj 39/ 123

S.F. _____ representatives shall serve at the pleasure of the appointing 1 legislator for a term beginning upon the convening of the 2 general assembly and expiring upon the convening of the 3 following general assembly, or when the appointee’s successor 4 is appointed, whichever occurs later. 5 4. d. Eight additional members to be appointed by the 6 governor. One of the members shall be selected to represent 7 private colleges and universities located in the state of 8 Iowa. When appointing this member, the governor shall give 9 careful consideration to any person or persons nominated or 10 recommended by any organization or association of some or all 11 private colleges and universities located in the state of Iowa. 12 One of the members shall be selected to represent community 13 colleges located in the state of Iowa. When appointing this 14 member, the governor shall give careful consideration to any 15 person or persons nominated or recommended by any organization 16 or association of Iowa community colleges. One member shall 17 be enrolled as a student at a board of regents institution, 18 community college, or accredited private institution. One 19 member shall be a representative of a lending institution 20 located in this state. One member shall be an individual 21 who is repaying or has repaid a student loan guaranteed by 22 the commission. The other three members, none of whom shall 23 be official board members or trustees of an institution of 24 higher learning or of an association of institutions of higher 25 learning, shall be selected to represent the general public. 26 3. The members of the commission appointed by the governor 27 shall serve for a term of four years. 28 4. a. Vacancies on the commission shall be filled for the 29 unexpired term of such vacancies in the same manner as the 30 original appointment. 31 b. A vacancy shall exist on the commission when a 32 legislative member of the commission ceases to be a member of 33 the general assembly or when a student member ceases to be 34 enrolled as a student. Such vacancy shall be filled within 35 -40- LSB 5365SC (32) 83 lh/rj 40/ 123

S.F. _____ thirty days. 1 Sec. 93. Section 261.48, Code 2009, is amended to read as 2 follows: 3 261.48 Minority teacher loan payments. 4 1. An individual is eligible for reimbursement payments 5 under the guaranteed loan payment program if the individual 6 meets all of the following conditions: 7 1. a. Is a teacher employed on a full-time basis under 8 sections 279.13 through 279.19 in a school district in this 9 state, is a teacher in an approved nonpublic school in this 10 state, or is a licensed teacher at the Iowa braille and sight 11 saving school or the Iowa school for the deaf. 12 2. b. Is a member of a minority. 13 3. c. Has never defaulted on a loan guaranteed by the 14 commission. 15 4. d. Has an outstanding debt with an eligible lender 16 under the Iowa guaranteed student loan program or the Iowa 17 supplemental loans for students program, has parents with an 18 outstanding debt with an eligible lender under the Iowa PLUS 19 loan program, or has an outstanding debt under the Stafford 20 loan program, the supplemental loans for students program, or 21 the PLUS loan program. 22 5. e. Graduated from college after January 1, 1989. 23 2. The maximum annual reimbursement payment to an eligible 24 teacher under this section for loan repayments made during a 25 school year is one thousand dollars or the remainder of the 26 teacher’s loan, whichever is less. Total payments under this 27 section for an eligible teacher are limited to a six-year 28 period and shall not exceed six thousand dollars. If a teacher 29 fails to complete a year of employment on a full-time basis 30 as provided in subsection 1, paragraph “a” , the teacher shall 31 not be reimbursed for loan payments made during that school 32 year. If the number of eligible applicants exceeds the funding 33 available, the commission may accept applicants based on 34 academic scholarship. 35 -41- LSB 5365SC (32) 83 lh/rj 41/ 123

S.F. _____ 3. The commission may sign contracts with eligible students 1 at or after the time of loan origination to assure loan 2 repayment. 3 Sec. 94. Section 261.121, subsection 2, unnumbered 4 paragraph 2, Code 2009, is amended to read as follows: 5 3. The notice shall include all of the following: 6 Sec. 95. Section 272C.6, subsections 3, 4, and 6, Code 2009, 7 are amended to read as follows: 8 3. a. The presiding officer of a hearing panel may issue 9 subpoenas pursuant to rules of the board on behalf of the board 10 or on behalf of the licensee. A licensee may have subpoenas 11 issued on the licensee’s behalf. 12 (1) A subpoena issued under the authority of a licensing 13 board may compel the attendance of witnesses and the production 14 of professional records, books, papers, correspondence and 15 other records, whether or not privileged or confidential under 16 law, which are deemed necessary as evidence in connection with 17 a disciplinary proceeding. 18 (2) Nothing in this subsection shall be deemed to enable 19 a licensing board to compel an attorney of the licensee, or 20 stenographer or confidential clerk of the attorney, to disclose 21 any information when privileged against disclosure by section 22 622.10. 23 (3) In the event of a refusal to obey a subpoena, the 24 licensing board may petition the district court for its 25 enforcement. Upon proper showing, the district court shall 26 order the person to obey the subpoena, and if the person fails 27 to obey the order of the court the person may be found guilty of 28 contempt of court. 29 b. The presiding officer of a hearing panel may also 30 administer oaths and affirmations, take or order that 31 depositions be taken, and pursuant to rules of the board, grant 32 immunity to a witness from disciplinary proceedings initiated 33 either by the board or by other state agencies which might 34 otherwise result from the testimony to be given by the witness 35 -42- LSB 5365SC (32) 83 lh/rj 42/ 123

S.F. _____ to the panel. 1 4. a. In order to assure a free flow of information for 2 accomplishing the purposes of this section, and notwithstanding 3 section 622.10, all complaint files, investigation files, 4 other investigation reports, and other investigative 5 information in the possession of a licensing board or peer 6 review committee acting under the authority of a licensing 7 board or its employees or agents which relates to licensee 8 discipline are privileged and confidential, and are not subject 9 to discovery, subpoena, or other means of legal compulsion 10 for their release to a person other than the licensee and 11 the boards, their employees and agents involved in licensee 12 discipline, and are not admissible in evidence in a judicial or 13 administrative proceeding other than the proceeding involving 14 licensee discipline. However, investigative information 15 in the possession of a licensing board or its employees or 16 agents which relates to licensee discipline may be disclosed 17 to appropriate licensing authorities within this state, 18 the appropriate licensing authority in another state, the 19 coordinated licensure information system provided for in 20 the nurse licensure compact contained in section 152E.1 or 21 the advanced practice registered nurse compact contained in 22 section 152E.3, the District of Columbia, or a territory or 23 country in which the licensee is licensed or has applied for a 24 license. If the investigative information in the possession 25 of a licensing board or its employees or agents indicates a 26 crime has been committed, the information shall be reported 27 to the proper law enforcement agency. However, a final 28 written decision and finding of fact of a licensing board in a 29 disciplinary proceeding, including a decision referred to in 30 section 272C.3, subsection 4, is a public record. 31 b. Pursuant to the provisions of section 17A.19, subsection 32 6, a licensing board upon an appeal by the licensee of the 33 decision by the licensing board, shall transmit the entire 34 record of the contested case to the reviewing court. 35 -43- LSB 5365SC (32) 83 lh/rj 43/ 123

S.F. _____ c. Notwithstanding the provisions of section 17A.19, 1 subsection 6, if a waiver of privilege has been involuntary 2 and evidence has been received at a disciplinary hearing, the 3 court shall order withheld the identity of the individual whose 4 privilege was waived. 5 6. a. A board created pursuant to chapter 147, 154A, 155, 6 169, 542, 542B, 543B, 543D, 544A, or 544B may charge a fee not 7 to exceed seventy-five dollars for conducting a disciplinary 8 hearing pursuant to this chapter which results in disciplinary 9 action taken against the licensee by the board, and in addition 10 to the fee, may recover from a licensee the costs for the 11 following procedures and associated personnel: 12 a. (1) Transcript. 13 b. (2) Witness fees and expenses. 14 c. (3) Depositions. 15 d. (4) Medical examination fees incurred relating to a 16 person licensed under chapter 147, 154A, 155, or 169. 17 b. The department of agriculture and land stewardship, 18 the department of commerce, and the Iowa department of public 19 health shall each adopt rules pursuant to chapter 17A which 20 provide for the allocation of fees and costs collected pursuant 21 to this section to the board under its jurisdiction collecting 22 the fees and costs. The fees and costs shall be considered 23 repayment receipts as defined in section 8.2. 24 Sec. 96. Section 273.9, subsection 4, Code 2009, is amended 25 to read as follows: 26 4. The costs of media services provided through the area 27 education agency shall not be funded until the program plans 28 submitted by the administrators of each area education agency 29 as required by section 273.4 are modified as necessary and 30 approved by the director of the department of education 31 according to the criteria of section 273.6. 32 5. The state board of education shall adopt rules under 33 chapter 17A relating to the approval of program plans under 34 this section. 35 -44- LSB 5365SC (32) 83 lh/rj 44/ 123

S.F. _____ Sec. 97. Section 273.22, subsection 2, Code 2009, is amended 1 to read as follows: 2 2. a. The collective bargaining agreement of the area 3 education agency with the largest basic enrollment, as 4 defined in section 257.6, for the year prior to the year the 5 reorganization is effective, shall serve as the base agreement 6 in the new area education agency and the employees of the other 7 area education agencies involved in the formation of the new 8 area education agency shall automatically be accreted to the 9 bargaining unit of that collective bargaining agreement for 10 purposes of negotiating the contracts for the following years 11 without further action by the public employment relations 12 board. If only one collective bargaining agreement is in 13 effect among the area education agencies that are party to 14 the reorganization, that agreement shall serve as the base 15 agreement, and the employees of the other agencies involved 16 in the formation of the new area education agency shall 17 automatically be accreted to the bargaining unit of that 18 collective bargaining agreement for purposes of negotiating the 19 contracts for the following years without further action by the 20 public employment relations board. 21 b. The board of the newly formed area education agency, 22 using the base agreement as its existing contract, shall 23 bargain with the combined employees of the affected agencies 24 for the school year that begins on the effective date of the 25 reorganization. The bargaining shall be completed by the 26 dates specified in section 20.17 prior to the school year 27 in which the reorganization becomes effective or within one 28 hundred eighty days after the organization of the new board, 29 whichever is later. If a bargaining agreement was already 30 concluded by the board and employees of the affected agency 31 with the contract serving as the base agreement for the school 32 year beginning with the effective date of the reorganization, 33 that agreement shall be void. However, if the base agreement 34 contains multiyear provisions affecting school years subsequent 35 -45- LSB 5365SC (32) 83 lh/rj 45/ 123

S.F. _____ to the effective year of the reorganization, the base agreement 1 shall remain in effect as specified in the agreement. 2 c. The provisions of the base agreement shall apply to the 3 offering of new contracts or continuation, modification, or 4 termination of existing contracts as provided in subsection 1. 5 Sec. 98. Section 275.33, subsection 2, Code 2009, is amended 6 to read as follows: 7 2. a. The collective bargaining agreement of the district 8 with the largest basic enrollment for the year prior to 9 the reorganization, as defined in section 257.6, in the new 10 district shall serve as the base agreement and the employees 11 of the other districts involved in the formation of the new 12 district shall automatically be accreted to the bargaining 13 unit of that collective bargaining agreement for purposes of 14 negotiating the contracts for the following years without 15 further action by the public employment relations board. If 16 only one collective bargaining agreement is in effect among 17 the districts which are party to the reorganization, then that 18 agreement shall serve as the base agreement, and the employees 19 of the other districts involved in the formation of the new 20 district shall automatically be accreted to the bargaining 21 unit of that collective bargaining agreement for purposes of 22 negotiating the contracts for the following years without 23 further action by the public employment relations board. 24 b. The board of the newly formed district, using the base 25 agreement as its existing contract, shall bargain with the 26 combined employees of the existing districts for the school 27 year beginning with the effective date of the reorganization. 28 The bargaining shall be completed by the dates specified 29 in section 20.17 prior to the school year in which the 30 reorganization becomes effective or within one hundred eighty 31 days after the organization of the new board, whichever is 32 later. If a bargaining agreement was already concluded by the 33 board and employees of the existing district with the contract 34 serving as the base agreement for the school year beginning 35 -46- LSB 5365SC (32) 83 lh/rj 46/ 123

S.F. _____ with the effective date of the reorganization, that agreement 1 shall be void. However, if the base agreement contains 2 multiyear provisions affecting school years subsequent to the 3 effective date of the reorganization, the base agreement shall 4 remain in effect as specified in the agreement. 5 c. The provisions of the base agreement shall apply to the 6 offering of new contracts, or continuation, modification, or 7 termination of existing contracts as provided in subsection 1 8 of this section . 9 Sec. 99. Section 277.28, Code 2009, is amended to read as 10 follows: 11 277.28 Oath required. 12 1. Each director elected at a regular district or director 13 district election shall qualify by taking the oath of office 14 on or before the time set for the organization meeting of the 15 board and the election and qualification entered of record by 16 the secretary. The oath may be administered by any qualified 17 member of the board or the secretary of the board and may be 18 taken in substantially the following form: 19 “Do Do you solemnly swear that you will support the 20 Constitution of the United States and the Constitution of the 21 State of Iowa and that you will faithfully and impartially to 22 the best of your ability discharge the duties of the office 23 of .................... (naming the office) 24 in ........................ (naming the district) as now or 25 hereafter required by law?” law? 26 2. If the oath of office is taken elsewhere than in the 27 presence of the board in session it may be administered by 28 any officer listed in sections 63A.1 and 63A.2 and shall be 29 subscribed to by the person taking it in substantially the 30 following form: 31 “I I , ........................ , do solemnly swear that I 32 will support the Constitution of the United States and the 33 Constitution of the State of Iowa and that I will faithfully 34 and impartially to the best of my ability discharge the duties 35 -47- LSB 5365SC (32) 83 lh/rj 47/ 123

S.F. _____ of the office of ........................ (naming the office) 1 in ........................ (naming the district) as now or 2 hereafter required by law.” law. 3 3. Such oath shall be properly verified by the administering 4 officer and filed with the secretary of the board. 5 Sec. 100. Section 279.40, Code 2009, is amended to read as 6 follows: 7 279.40 Sick leave. 8 1. a. Public school employees are granted leave of absence 9 for medically related disability with full pay in the following 10 minimum amounts: 11 1. (1) The first year of employment ........... 10 days. 12 2. (2) The second year of employment .......... 11 days. 13 3. (3) The third year of employment ........... 12 days. 14 4. (4) The fourth year of employment .......... 13 days. 15 5. (5) The fifth year of employment ........... 14 days. 16 6. (6) The sixth and subsequent years 17 of employment .......................... 15 days. 18 b. The above amounts shall apply only to consecutive years 19 of employment in the same school district and unused portions 20 shall be cumulative to at least a total of ninety days. The 21 school board shall, in each instance, require such reasonable 22 evidence as it may desire confirming the necessity for such 23 leave of absence. 24 2. Nothing in this section shall be construed as limiting 25 the right of a school board to grant more time than the days 26 herein specified. 27 3. Cumulation of sick leave under this section shall not be 28 affected or terminated due to the organization or dissolution 29 of a community school district or districts which include all 30 or the portion of the district which employed the particular 31 public school employee for the school year previous to the 32 organization or dissolution, if the employee is employed by one 33 of the community school districts for the first school year 34 following its organization or dissolution. 35 -48- LSB 5365SC (32) 83 lh/rj 48/ 123

S.F. _____ 4. Any amounts due an employee under this section shall be 1 reduced by benefits payable under sections 85.33 and 85.34, 2 subsection 1. 3 Sec. 101. Section 279.51, subsection 1, unnumbered 4 paragraphs 1 and 2, Code 2009, are amended to read as follows: 5 There is appropriated from the general fund of the state 6 to the department of education for the fiscal year beginning 7 July 1, 2007, and each succeeding fiscal year, the sum of 8 twelve million six hundred six thousand one hundred ninety-six 9 dollars. The moneys shall be allocated as follows: 10 The moneys shall be allocated as follows: 11 Sec. 102. Section 280.21A, subsection 1, Code 2009, is 12 amended to read as follows: 13 1. a. A school employee who, in the course of employment, 14 suffers a personal injury causing temporary total disability, 15 or a permanent partial or total disability, resulting from an 16 episode of violence toward that employee, for which workers’ 17 compensation under chapter 85 is payable, shall be entitled 18 to receive workers’ compensation, which the district shall 19 supplement in order for the employee to receive full salary and 20 benefits for the shortest of the following periods: 21 a. (1) One year from the date of the disability. 22 b. (2) The period during which the employee is disabled and 23 incapable of employment. 24 b. During the period described in paragraph “a” or “b” , 25 subparagraph (1) or (2), the school employee shall not be 26 required to use accumulated sick leave or vacation. 27 Sec. 103. Section 284.14, subsection 5, Code 2009, is 28 amended to read as follows: 29 5. Iowa excellence fund. 30 a. An Iowa excellence fund is created within the office of 31 the treasurer of state, to be administered by the commission. 32 Notwithstanding section 8.33, moneys in the fund that remain 33 unencumbered or unobligated at the close of the fiscal year 34 shall not revert but shall remain in the fund. 35 -49- LSB 5365SC (32) 83 lh/rj 49/ 123

S.F. _____ b. The commission may provide grants from this fund, 1 according to criteria developed by the commission, for 2 implementation of the pay-for-performance program. 3 Sec. 104. Section 298.4, Code 2009, is amended to read as 4 follows: 5 298.4 District management levy. 6 1. The board of directors of a school district may certify 7 for levy by April 15 of a school year, a tax on all taxable 8 property in the school district for a district management levy. 9 The revenue from the tax levied in this section shall be placed 10 in the district management levy fund of the school district. 11 The district management levy shall be expended only for the 12 following purposes: 13 1. a. To pay the cost of unemployment benefits as provided 14 in section 96.31. 15 2. b. To pay the costs of liability insurance and the costs 16 of a judgment or settlement relating to liability together with 17 interest accruing on the judgment or settlement to the expected 18 date of payment. 19 3. c. To pay the costs of insurance agreements under 20 section 296.7. 21 4. d. To pay the costs of a judgment under section 298.16. 22 5. e. To pay the cost of early retirement benefits to 23 employees under section 279.46. 24 2. Unencumbered funds collected from the levies authorized 25 in sections 96.31, 279.46, and 296.7 prior to July 1, 1991, may 26 be expended for the purposes listed in subsections 1, 3 , and 27 5 paragraphs “a” , “c” , and “e” . 28 Sec. 105. Section 303.1A, Code 2009, is amended to read as 29 follows: 30 303.1A Director’s duties. 31 1. The duties of the director shall include , but are not 32 limited to , the following: 33 1. a. Adopt rules that are necessary for the effective 34 administration of the department. 35 -50- LSB 5365SC (32) 83 lh/rj 50/ 123

S.F. _____ 2. b. Direct and administer the programs and services of 1 the department. 2 3. c. Prepare the departmental budget request by September 3 first 1 of each year on the forms furnished, and including the 4 information required by the department of management. 5 4. d. Accept, receive, and administer grants or other funds 6 or gifts from public or private agencies including the federal 7 government for the various divisions and the department. 8 5. e. Appoint and approve the technical, professional, 9 secretarial, and clerical staff necessary to accomplish the 10 purposes of the department subject to chapter 8A, subchapter 11 IV. 12 6. f. Administer the Iowa cultural trust as provided in 13 chapter 303A and do all of the following: 14 a. (1) Develop and adopt by rule criteria for the issuance 15 of trust fund credits by measuring the efforts of qualified 16 organizations, as defined in section 303A.3, to increase their 17 endowment or other resources for the promotion of the arts, 18 history, or the sciences and humanities in Iowa. If the 19 director determines that the organizations have increased the 20 amount of their endowment and other resources, the director 21 shall certify the amount of increase in the form of trust 22 fund credits to the treasurer, who shall deposit in the Iowa 23 cultural trust fund, from moneys received for purposes of the 24 trust fund as provided in section 303A.4, subsection 2, an 25 amount equal to the trust fund credits. If the amount of the 26 trust fund credits issued by the director exceeds the amount of 27 moneys available to be deposited in the trust fund as provided 28 in section 303A.4, subsection 2, the outstanding trust fund 29 credits shall not expire but shall be available to draw down 30 additional moneys which become available to be deposited in the 31 trust fund as provided in section 303A.4, subsection 2. 32 b. (2) Develop and implement, in accordance with chapter 33 303A, a grant application process for grants issued to 34 qualified organizations as defined in section 303A.3. 35 -51- LSB 5365SC (32) 83 lh/rj 51/ 123

S.F. _____ c. (3) Develop and adopt by rule criteria for the 1 approval of Iowa cultural trust grants. The criteria shall 2 include , but shall not be limited to , the future stability and 3 sustainability of a qualified organization. 4 d. (4) Compile, in consultation with the Iowa arts 5 council and the state historical society of Iowa, a list of 6 grant applications recommended for funding in accordance 7 with the amount available for distribution as provided in 8 section 303A.6, subsection 3. The list of recommended grant 9 applications shall be submitted to the Iowa cultural trust 10 board of trustees for approval. 11 e. (5) Monitor the allocation and use of grant moneys by 12 qualified organizations to determine whether moneys are used 13 in accordance with the provisions of this subsection paragraph 14 “f” and chapter 303A. The director shall annually submit the 15 director’s findings and recommendations in a report to the Iowa 16 cultural trust board of trustees prior to final board action in 17 approving grants for the next succeeding fiscal year. 18 2. The director may appoint a member of the staff to be 19 acting director who shall have the powers delegated by the 20 director in the director’s absence. The director may delegate 21 the powers and duties of that office to the administrators. 22 Sec. 106. Section 307.12, Code 2009, is amended to read as 23 follows: 24 307.12 Duties of the director. 25 1. The director shall: 26 1. a. Manage the internal operations of the department and 27 establish guidelines and procedures to promote the orderly and 28 efficient administration of the department. 29 2. b. Employ personnel as necessary to carry out the duties 30 and responsibilities of the department, consistent with chapter 31 8A, subchapter IV. 32 3. c. Assist the commission in developing state 33 transportation policy and a state transportation plan. 34 4. d. Establish temporary advisory boards of a size the 35 -52- LSB 5365SC (32) 83 lh/rj 52/ 123

S.F. _____ director deems appropriate to advise the department. 1 5. e. Prepare a budget for the department and prepare 2 reports required by law. 3 6. f. Present the department’s proposed budget to the 4 commission prior to December 31 of each year. 5 7. g. Appoint the deputy director of transportation and the 6 administrators of the department. 7 8. h. Review and submit legislative proposals necessary to 8 maintain current state transportation laws. 9 9. i. Enter into reciprocal agreements relating to motor 10 vehicle inspections with authorized officials of any other 11 state, subject to approval by the commission. The director may 12 exempt or impose requirements upon nonresident motor vehicles 13 consistent with those imposed upon vehicles of Iowa residents 14 operated in other states. 15 10. j. Adopt rules in accordance with chapter 17A as 16 the director deems necessary for the administration of the 17 department and the exercise of the director’s and department’s 18 powers and duties. 19 11. k. Reorganize the administration of the department as 20 needed to increase administrative efficiency. 21 12. l. Provide for the receipt or disbursement of federal 22 funds allocated to the state and its political subdivisions for 23 transportation purposes. 24 13. m. Include in the department’s annual budget all 25 estimated federal funds to be received or allocated to the 26 department. 27 14. n. Adopt, after consultation with the department of 28 natural resources and the department of public safety, rules 29 relating to enforcement of the rules regarding transportation 30 of hazardous wastes adopted by the department of natural 31 resources. The department and the division of state patrol of 32 the department of public safety shall carry out the enforcement 33 of the rules. 34 15. o. Prepare and submit a report to the general assembly 35 -53- LSB 5365SC (32) 83 lh/rj 53/ 123

S.F. _____ on or before January 15 of each fiscal year describing the 1 prior fiscal year’s highway construction program, actual 2 expenditures of the program, and contractual obligations of the 3 program. 4 16. p. Administer chapter 327J. 5 2. If in the interest of the state, the director may allow 6 a subsistence expense to an employee under the supervision of 7 the department’s administrator for highways for continuous 8 stay in one location while on duty away from established 9 headquarters and place of domicile for a period not to exceed 10 forty-five days; and allow automobile expenses in accordance 11 with section 8A.363, for moving an employee and the employee’s 12 family from place of present domicile to new domicile, and 13 actual transportation expense for moving of household goods. 14 The household goods for which transportation expense is allowed 15 shall not include pets or animals. 16 Sec. 107. Section 314.1, subsection 3, Code 2009, is amended 17 to read as follows: 18 3. a. In the award of contracts for the construction, 19 reconstruction, improvement, or repair or maintenance of a 20 highway, bridge, or culvert, the agency having charge of 21 awarding such contracts shall give due consideration not 22 only to the prices bid but also to the mechanical or other 23 equipment and the financial responsibility and experience in 24 the performance of like or similar contracts. The agency may 25 reject any or all bids. The agency may readvertise and relet 26 the project without conducting an additional public hearing 27 if no substantial changes are made to the project’s plans or 28 specifications. The agency may let by private contract or 29 build by day labor, at a cost not in excess of the lowest bid 30 received. 31 b. Upon the completion of any contract or project on 32 either the farm-to-market or secondary road system, the county 33 engineer shall file with the county auditor a statement showing 34 the total cost thereof with certificate that the work has been 35 -54- LSB 5365SC (32) 83 lh/rj 54/ 123

S.F. _____ done in accordance with the plans and specifications. Upon 1 completion of a contract or project on the municipal street 2 system, the city public works department or city engineer shall 3 file with the city clerk a statement showing the total cost of 4 the contract or project with a certificate that the work has 5 been done in accordance with the plans and specifications. All 6 contracts shall be in writing and shall be secured by a bond 7 for the faithful performance thereof as provided by law. 8 Sec. 108. Section 314.22, subsection 3, paragraph b, 9 unnumbered paragraph 2, Code 2009, is amended to read as 10 follows: 11 c. Members of the committee shall serve without 12 compensation, but may be reimbursed for allowable expenses from 13 the living roadway trust fund created under section 314.21. No 14 more than a simple majority of the members of the committee 15 shall be of the same gender as provided in section 69.16A. 16 The director of the department shall appoint the chair of the 17 committee and shall establish a minimum schedule of meetings 18 for the committee. 19 Sec. 109. Section 317.1A, Code 2009, is amended to read as 20 follows: 21 317.1A Noxious weeds. 22 1. The following weeds are hereby declared to be noxious and 23 shall be divided into two classes, namely as follows : 24 1. a. Primary noxious weeds, which shall include quack : 25 (1) Quack grass (Agropyron repens) , perennial . 26 (2) Perennial sow thistle (Sonchus arvensis) , . 27 (3) Canada thistle (Cirsium arvense) , bull . 28 (4) Bull thistle (Cirsium lanceolatum) , . 29 (5) European morning glory or field bindweed (Convolvulus 30 arvensis) , horse . 31 (6) Horse nettle (Solanum carolinense) , leafy . 32 (7) Leafy spurge (Euphorbia esula) , perennial . 33 (8) Perennial pepper-grass (Lepidium draba) , . 34 (9) Russian knapweed (Centaurea repens) , buckthorn . 35 -55- LSB 5365SC (32) 83 lh/rj 55/ 123

S.F. _____ (10) Buckthorn (Rhamnus, not to include Rhamnus frangula) , 1 and all . 2 (11) All other species of thistles belonging in the genera 3 of Cirsium and Carduus. 4 2. b. Secondary noxious weeds, which shall include 5 butterprint : 6 (1) Butterprint (Abutilon theophrasti) annual , cocklebur . 7 (2) Cocklebur (Xanthium commune) annual , wild . 8 (3) Wild mustard (Brassica arvensis) annual , wild . 9 (4) Wild carrot (Daucus carota) biennial , buckhorn . 10 (5) Buckhorn (Plantago lanceolata) perennial , sheep . 11 (6) Sheep sorrel (Rumex acetosella) perennial , sour . 12 (7) Sour dock (Rumex crispus) perennial , smooth . 13 (8) Smooth dock (Rumex altissimus) perennial , poison . 14 (9) Poison hemlock (Conium maculatum) , multiflora . 15 (10) Multiflora rose (Rosa multiflora) , wild . 16 (11) Wild sunflower (wild strain of Helianthus annus L.) 17 annual , puncture . 18 (12) Puncture vine (Tribulus terrestris) annual , teasel . 19 (13) Teasel (Dipsacus) biennial , and shattercane . 20 (14) Shattercane (Sorghum bicolor) annual. 21 2. a. The multiflora rose (Rosa multiflora) shall not be 22 considered a secondary noxious weed when cultivated for or used 23 as understock for cultivated roses or as ornamental shrubs in 24 gardens, or in any county whose board of supervisors has by 25 resolution declared it not to be a noxious weed. 26 b. Shattercane (Sorghum bicolor) shall not be considered a 27 secondary noxious weed when cultivated or in any county whose 28 board of supervisors has by resolution declared it not to be a 29 noxious weed. 30 Sec. 110. Section 317.6, Code 2009, is amended to read as 31 follows: 32 317.6 Entering land to destroy weeds —— notice. 33 1. If there is a substantial failure by the owner or person 34 in possession or control of any land to comply with any order 35 -56- LSB 5365SC (32) 83 lh/rj 56/ 123

S.F. _____ of destruction pursuant to the provisions of this chapter, the 1 county weed commissioner, including the weed commissioner’s 2 deputies, or employees acting under the weed commissioner’s 3 direction may enter upon any land within the commissioner’s 4 county for the purpose of destroying noxious weeds. 5 2. The entry may be made without the consent of the 6 landowner or person in possession or control of the land. 7 However, the actual work of destruction shall not be commenced 8 until five days after the landowner and the person in 9 possession or control of the land have been notified. 10 3. The notice shall state the facts relating to failure of 11 compliance with the county program of weed destruction order 12 or orders made by the board of supervisors. The notice shall 13 be delivered by personal service on the owner and persons in 14 possession and control of the land. The personal service may 15 be served by the weed commissioner or any person designated in 16 writing by the weed commissioner. However, in lieu of personal 17 service, the weed commissioner may provide that the notice be 18 delivered by certified mail. A copy of the notice shall be 19 filed in the office of the county auditor. The last known 20 address of the owner or person in possession or control of the 21 land may be ascertained, if necessary, from the last tax list 22 in the county treasurer’s office. Where any person owning 23 land within the county has filed a written instrument in the 24 office of the county auditor designating the name and address 25 of its agent, the notice may be delivered to that agent. In 26 computing time for notice, it shall be from the date of service 27 as evidenced on the return of service. If delivery is made by 28 certified mail, it shall be from the date of mailing. 29 Sec. 111. Section 317.14, Code 2009, is amended to read as 30 follows: 31 317.14 Notice of program. 32 1. Notice of any order made pursuant to section 317.13 shall 33 be given by one publication in the official newspapers of the 34 county and shall be directed to all property owners. 35 -57- LSB 5365SC (32) 83 lh/rj 57/ 123

S.F. _____ 2. Said The notice shall state: 1 1. a. The time for destruction. 2 2. b. The manner of destruction, if other than cutting 3 above the surface of the ground. 4 3. c. That , unless said the order is complied with , the 5 weed commissioner shall cause said the weeds to be destroyed 6 and the cost thereof of destroying the weeds will be taxed 7 against the real estate on which the noxious weeds are 8 destroyed. 9 Sec. 112. Section 321.1, subsection 20A, Code Supplement 10 2009, is amended to read as follows: 11 20A. “Driver’s license” means any license or permit 12 issued to a person to operate a motor vehicle on the highways 13 of this state, including but not limited to a temporary 14 restricted or temporary license and an instruction, chauffeur’s 15 instruction, commercial driver’s instruction, or temporary 16 permit. For purposes of license suspension, revocation, bar, 17 disqualification, cancellation, or denial under this chapter 18 and chapters 321A, 321C, and 321J, “driver’s license” includes 19 any privilege to operate a motor vehicle. 20 For purposes of license suspension, revocation, bar, 21 disqualification, cancellation, or denial under this 22 chapter and chapters 321A , 321C , and 321J , “driver’s 23 license” includes any privilege to operate a motor vehicle. 24 Sec. 113. Section 321.190, subsection 1, paragraph d, Code 25 2009, is amended to read as follows: 26 d. The fee for a nonoperator’s identification card shall 27 be five dollars and the card shall be valid for a period 28 of five years from the date of issuance. A nonoperator’s 29 identification card shall be issued without expiration 30 to anyone age seventy or over. If an applicant for a 31 nonoperator’s identification card is a foreign national 32 who is temporarily present in this state, the nonoperator’s 33 identification card shall be issued only for the length of time 34 the foreign national is authorized to be present as determined 35 -58- LSB 5365SC (32) 83 lh/rj 58/ 123

S.F. _____ by the department, not to exceed two years. An issuance fee 1 shall not be charged for a person whose driver’s license or 2 driving privilege has been suspended under section 321.210, 3 subsection 1, paragraph “c” (a), subparagraph (3) . 4 e. The nonoperator’s identification card fees shall be 5 transmitted by the department to the treasurer of state who 6 shall credit the fees to the road use tax fund. 7 Sec. 114. Section 321.210, subsection 1, Code 2009, is 8 amended to read as follows: 9 1. a. The department is authorized to establish rules 10 providing for the suspension of the license of an operator upon 11 thirty days’ notice and without preliminary hearing upon a 12 showing by its records or other sufficient evidence that the 13 licensee: 14 a. (1) Is an habitually reckless or negligent driver of a 15 motor vehicle. 16 b. (2) Is an habitual violator of the traffic laws. 17 c. (3) Is physically or mentally incapable of safely 18 operating a motor vehicle. 19 d. (4) Has permitted an unlawful or fraudulent use of the 20 license. 21 e. (5) Has committed an offense or acted in a manner in 22 another state or foreign jurisdiction which in this state would 23 be grounds for suspension or revocation. 24 f. (6) Has committed a serious violation of the motor 25 vehicle laws of this state. 26 g. (7) Is subject to a license suspension under section 27 321.513. 28 b. Prior to a suspension taking effect under paragraph 29 “a” , “b” , “c” , “d” , “e” , or “f” subparagraphs (1), (2), (3), 30 (4), (5), or (6) , the licensee shall have received thirty 31 days’ advance notice of the effective date of the suspension. 32 Notwithstanding the terms of the Iowa administrative procedure 33 Act, chapter 17A, the filing of a petition for judicial 34 review shall, except for suspensions under paragraph “c” “a” , 35 -59- LSB 5365SC (32) 83 lh/rj 59/ 123

S.F. _____ subparagraph (3) , operate to stay the suspension pending the 1 determination by the district court. 2 Sec. 115. Section 321.212, subsection 1, paragraph a, Code 3 2009, is amended to read as follows: 4 a. (1) Except as provided in section 321.210A or 321.513 5 the department shall not suspend a license for a period of 6 more than one year, except that a license suspended because of 7 incompetency to drive a motor vehicle shall be suspended until 8 the department receives satisfactory evidence that the former 9 holder is competent to operate a motor vehicle and a refusal 10 to reinstate constitutes a denial of license within section 11 321.215; upon revoking a license the department shall not grant 12 an application for a new license until the expiration of one 13 year after the revocation, unless another period is specified 14 by law. 15 (2) A suspension under section 321.210, subsection 1, 16 paragraph “d” “a” , subparagraph (4) , for a violation of section 17 321.216B shall not exceed six months. As soon as practicable 18 after the period of suspension has expired, but not later than 19 six months after the date of expiration, the department shall 20 expunge information regarding the suspension from the person’s 21 driving record. 22 Sec. 116. Section 321.299, Code 2009, is amended to read as 23 follows: 24 321.299 Overtaking a vehicle. 25 The following rules shall govern the overtaking and passing 26 of vehicles proceeding in the same direction, subject to those 27 limitations, exceptions, and special rules hereinafter stated: 28 1. The driver of a vehicle overtaking another vehicle 29 proceeding in the same direction shall pass to the left 30 thereof of the other vehicle at a safe distance and shall not 31 again drive to the right side of the roadway until safely clear 32 of the overtaken vehicle. 33 2. Except when overtaking and passing on the right is 34 permitted, the driver of an overtaken vehicle shall give way 35 -60- LSB 5365SC (32) 83 lh/rj 60/ 123

S.F. _____ to the right in favor of the overtaking vehicle and shall not 1 increase the speed of the overtaken vehicle until completely 2 passed by the overtaking vehicle. 3 Sec. 117. Section 321.366, Code 2009, is amended to read as 4 follows: 5 321.366 Acts prohibited on fully controlled-access 6 facilities. 7 1. It is unlawful for a person, except a person 8 operating highway maintenance equipment or an authorized 9 emergency vehicle, to do any of the following on a fully 10 controlled-access facility: 11 1. a. Drive a vehicle over, upon, or across a curb, central 12 dividing section, or other separation or dividing line. 13 2. b. Make a left turn or a semicircular or U-turn at a 14 maintenance cross-over where an official sign prohibits the 15 turn. 16 3. c. Drive a vehicle except in the proper lane provided 17 for that purpose and in the proper direction and to the right 18 of the central dividing curb, separation, section, or line. 19 4. d. Drive a vehicle into the facility from a local 20 service road. 21 5. e. Stop, park, or leave standing a vehicle, whether 22 attended or unattended, upon the paved portion. 23 6. f. Stop, park, or leave standing a vehicle, whether 24 attended or unattended, upon the shoulders, or the right-of-way 25 except at designated rest areas or in case of an emergency or 26 other dire necessity. 27 2. For the purpose of this section, fully controlled-access 28 facility is a highway which gives preference to through traffic 29 by providing access connections at interchanges with selected 30 public roads only and by prohibiting crossings at grade or 31 direct access at driveway connections. 32 3. Violations of this section are punishable as a scheduled 33 violation under section 805.8A, subsection 6, paragraph “d” . 34 Sec. 118. Section 321.383, subsection 3, Code 2009, is 35 -61- LSB 5365SC (32) 83 lh/rj 61/ 123

S.F. _____ amended to read as follows: 1 3. Garbage collection vehicles, when operated on the 2 streets or highways of this state at speeds of thirty-five 3 miles per hour or less, may display a reflective device 4 that complies with the standards of the American society of 5 agricultural engineers. At speeds in excess of thirty-five 6 miles per hour the device shall not be visible. 7 4. Any person who violates any provision of this section 8 shall be fined as provided in section 805.8A, subsection 3, 9 paragraph “d” . 10 Sec. 119. Section 321.409, Code 2009, is amended to read as 11 follows: 12 321.409 Mandatory lighting equipment. 13 1. Except as hereinafter provided, the headlamps or the 14 auxiliary driving lamp or the auxiliary passing lamp or 15 combination thereof on motor vehicles other than motorcycles 16 or motorized bicycles shall be so arranged that the driver 17 may select at will between distributions of light projected 18 to different elevations and the lamps may, in addition, be so 19 arranged that selection can be made automatically, subject to 20 the following limitations: 21 1. a. There shall be an uppermost distribution of light, or 22 composite beam, so aimed and of sufficient intensity to reveal 23 persons and vehicles at a distance of at least three hundred 24 fifty feet ahead for all conditions. 25 2. b. There shall be a lowermost distribution of light, or 26 composite beam so aimed and of sufficient intensity to reveal 27 persons and vehicles at a distance of at least one hundred 28 feet ahead. On a straight level road under any condition of 29 loading none of the high-intensity portion of the beam shall be 30 directed to strike the eyes of an approaching driver. 31 3. 2. Every new motor vehicle, other than a motorcycle 32 or motorized bicycle which has multiple-beam road-lighting 33 equipment shall be equipped with a beam indicator, which shall 34 be lighted whenever the uppermost distribution of light from 35 -62- LSB 5365SC (32) 83 lh/rj 62/ 123

S.F. _____ the headlamps is in use, and shall not otherwise be lighted. 1 The indicator shall be so designed and located that when 2 lighted it will be readily visible without glare to the driver 3 of the vehicle. 4 Sec. 120. Section 321.474, Code 2009, is amended to read as 5 follows: 6 321.474 Department may restrict. 7 1. The department shall have authority, as granted to 8 local authorities, to determine by resolution and to impose 9 restrictions as to the weight of vehicles, except implements of 10 husbandry as defined in section 321.1, implements of husbandry 11 loaded on hauling units for transporting the implements to 12 locations for repair, and fire apparatus and road maintenance 13 equipment owned by, under lease to, or used in the performance 14 of a contract with a state or local authority, operated upon 15 any highway under the jurisdiction of the department for a 16 definite period of time not to exceed twelve months. The 17 restrictions shall be effective when signs giving notice of the 18 restrictions and the expiration date of the restrictions are 19 erected upon the affected highway or portion of highway. 20 2. Upon a finding that a bridge or culvert does not 21 meet established standards set forth by state and federal 22 authorities, the department may impose, by resolution, 23 restrictions for an indefinite period of time on the weight of 24 vehicles operated upon bridges or culverts located on highways 25 under its jurisdiction. The restrictions shall be effective 26 when signs giving notice of the restrictions are erected. The 27 restrictions shall not apply to implements of husbandry loaded 28 on hauling units for transporting the implements to locations 29 for purposes of repair or to fire apparatus or road maintenance 30 equipment owned by, under lease to, or used in the performance 31 of a contract with a state or local authority. 32 3. For the purposes of restrictions imposed under 33 this section, a triple axle is any group of three or more 34 consecutive axles where the centers of any consecutive axles 35 -63- LSB 5365SC (32) 83 lh/rj 63/ 123

S.F. _____ are more than forty inches apart and where the centers of 1 the extreme axles are more than eighty-four inches apart but 2 not more than one hundred sixty-eight inches apart. Where 3 triple axle restrictions are imposed, the signs erected by the 4 department shall give notice of the restrictions. 5 4. Any person who violates a restriction imposed by 6 resolution pursuant to this section, upon conviction or a plea 7 of guilty, is subject to a fine determined by dividing the 8 difference between the actual weight of the vehicle and the 9 maximum weight allowed by the restriction by one hundred and 10 multiplying the quotient by two dollars. 11 5. The department may issue special permits, during periods 12 the restrictions are in effect, to permit limited operation 13 of vehicles upon specified routes with loads in excess of any 14 restrictions imposed under this section, but not in excess of 15 load restrictions imposed by this chapter. The department 16 shall issue a special permit for not to exceed eight weeks upon 17 a showing of agricultural hardship. The department shall issue 18 special permits to trucks moving farm produce, which decays 19 or loses its value if not speedily put to its intended use, 20 to market upon a showing to the department that there is a 21 requirement for trucking the produce, or to trucks moving any 22 farm feeds or fuel necessary for home heating purposes. The 23 operator of a vehicle which is the subject of a permit issued 24 under this paragraph subsection shall carry the permit while 25 operating the vehicle and shall show the permit to any peace 26 officer upon request. 27 Sec. 121. Section 321.491, Code 2009, is amended to read as 28 follows: 29 321.491 Convictions and recommendations for suspension to be 30 reported. 31 1. Every district judge, district associate judge, and 32 judicial magistrate shall keep a full record of every case in 33 which a person is charged with any violation of this chapter 34 or of any other law regulating the operation of vehicles on 35 -64- LSB 5365SC (32) 83 lh/rj 64/ 123

S.F. _____ highways. 1 2. a. Within ten days after the conviction or forfeiture 2 of bail of a person upon a charge of violating any provision of 3 this chapter or other law regulating the operation of vehicles 4 on highways every magistrate of the court or clerk of the 5 district court of record in which the conviction occurred or 6 bail was forfeited shall prepare and immediately forward to the 7 department an abstract of the record of the case. The abstract 8 of the record of the case must be certified by the person 9 preparing it to be true and correct. 10 b. A certified abstract of the record of the case prepared 11 for the department shall only be available to the public 12 from the department. A noncertified record of conviction 13 or forfeiture of bail shall be available to the public from 14 the judicial branch. The clerk of the district court shall 15 collect a fee of fifty cents for each noncertified copy of 16 any record of conviction or forfeiture of bail furnished to 17 any requester except the department or other local, state, or 18 federal government entity. Moneys collected under this section 19 shall be transferred to the department as a repayment receipt, 20 as defined in section 8.2, to enhance the efficiency of the 21 department to process records and information between the 22 department and the Iowa court information system. 23 c. Notwithstanding any other provision in this section 24 or chapter 22, the judicial branch shall be the provider of 25 public electronic access to the clerk’s records of convictions 26 and forfeitures of bail through the Iowa court information 27 system and shall, if all such records are provided monthly to a 28 vendor, collect a fee from such vendor for the period beginning 29 on July 1, 1997, and ending on June 30, 1999, which is the 30 greater of three thousand dollars per month or the actual 31 direct cost of providing the records. On and after July 1, 32 1999, if all such records are provided monthly to a vendor, 33 the judicial branch shall collect a fee from such vendor which 34 is the greater of ten thousand dollars per month or the actual 35 -65- LSB 5365SC (32) 83 lh/rj 65/ 123

S.F. _____ direct cost of providing the records. 1 3. The abstract must be made upon a form furnished by the 2 department or by copying a uniform citation and complaint or 3 by using an electronic process which accurately reproduces or 4 forms a durable medium for accurately and legibly reproducing 5 an unaltered image or reproduction of the citation, and 6 must include the name and address of the party charged, the 7 registration number of the vehicle involved, the nature of 8 the offense, the date of hearing, the plea, the judgment, or 9 whether the bail was forfeited, the amount of the fine or 10 forfeiture, and any court recommendation, if any, that the 11 person’s driver’s license be suspended. The department shall 12 consider and act upon the recommendation. 13 4. Every clerk of a court of record shall also forward a 14 like report to the department upon the conviction of any person 15 of manslaughter or other felony in the commission of which a 16 vehicle was used. 17 5. The failure, refusal, or neglect of an officer to 18 comply with the requirements of this section shall constitute 19 misconduct in office and shall be ground grounds for removal 20 from office. 21 6. All abstracts received by the department under this 22 section shall be open to public inspection during reasonable 23 business hours. 24 Sec. 122. Section 321E.11, Code 2009, is amended to read as 25 follows: 26 321E.11 Daylight movement only —— exceptions —— holidays. 27 1. Movements by permit in accordance with this chapter 28 shall be permitted only during the hours from thirty minutes 29 prior to sunrise to thirty minutes following sunset unless the 30 issuing authority determines that the movement can be better 31 accomplished at another period of time because of traffic 32 volume conditions or the vehicle subject to the permit has an 33 overall length not to exceed one hundred feet, an overall width 34 not to exceed eleven feet, and an overall height not to exceed 35 -66- LSB 5365SC (32) 83 lh/rj 66/ 123

S.F. _____ fourteen feet, four inches, and the permit requires the vehicle 1 to operate only on those highways designated by the department. 2 Additional safety lighting and escorts may be required for 3 movement at night. 4 2. Except as provided in section 321.457, no movement by 5 permit shall be permitted on holidays, after twelve o’clock 6 noon on days preceding holidays and holiday weekends, or 7 special events when abnormally high traffic volumes can be 8 expected. Such restrictions shall not be applicable to urban 9 transit systems as defined in section 321.19, subsection 2. 10 3. For the purposes of this chapter, holidays “holidays” 11 shall include Memorial Day, Independence Day, and Labor Day. 12 Sec. 123. Section 327G.81, Code 2009, is amended to read as 13 follows: 14 327G.81 Maintenance of improvements along rights-of-way. 15 1. A person, including a state agency or political 16 subdivision of the state, who acquires a railroad right-of-way 17 after July 1, 1979, for a purpose other than farming has all of 18 the following responsibilities concerning that right-of-way: 19 1. a. Construction, maintenance , and repair of the fence 20 on each side of the property, however, this requirement may be 21 waived by a written agreement with the adjoining landowner. 22 2. b. Private crossings as provided for in section 327G.11. 23 3. c. Drainage as delineated in chapter 468, subchapter V. 24 4. d. Overhead, underground , or multiple crossings in 25 accord with section 327G.12. 26 5. e. Weed control in accord with chapter 317. 27 2. This section does not absolve the property owners of 28 other duties and responsibilities that they may be assigned as 29 property owners by law. Subsection 1 , paragraph “a” , does not 30 apply to rights-of-way located on land within the corporate 31 limits of a city except where the acquired right-of-way is 32 contiguous to land assessed as agricultural land. 33 Sec. 124. Section 328.41, Code 2009, is amended to read as 34 follows: 35 -67- LSB 5365SC (32) 83 lh/rj 67/ 123

S.F. _____ 328.41 Operating recklessly or while intoxicated. 1 It shall be unlawful for any person to operate an aircraft 2 in the air space above this state or on the ground or water 3 within this state, while under the influence of intoxicating 4 liquor, narcotics, or other habit-forming drug, or to operate 5 an aircraft in the air space above this state or on the ground 6 or water within this state in a careless or reckless manner so 7 as to endanger the life or property of another. 8 1. Any person who operates an aircraft in a careless or 9 reckless manner in violation of the provisions of this section 10 shall be guilty of a simple misdemeanor. 11 2. Any person who operates any aircraft, while in an 12 intoxicated condition or under the influence of narcotic drugs 13 in violation of this section, shall, upon conviction or a plea 14 of guilty, be guilty of : a 15 a. A serious misdemeanor for the first offense , be guilty 16 of an . 17 b. An aggravated misdemeanor for the second offense , and be 18 guilty of a . 19 c. A class “D” felony for a third offense. 20 Sec. 125. Section 330A.9, subsection 4, paragraph e, 21 unnumbered paragraph 2, Code 2009, is amended to read as 22 follows: 23 5. Any of the bonds issued pursuant to this chapter are, and 24 are hereby declared to be, negotiable instruments, and shall 25 have all the qualities and incidents of negotiable instruments. 26 Sec. 126. Section 331.206, subsection 2, Code 2009, is 27 amended to read as follows: 28 2. a. The plan used under subsection 1 shall be selected 29 by the board or by a special election as provided in section 30 331.207. A plan selected by the board shall remain in effect 31 for at least six years unless it is changed by a special 32 election as provided in section 331.207. 33 b. A plan selected by the board shall become effective 34 on the first day in January which is not a Sunday or holiday 35 -68- LSB 5365SC (32) 83 lh/rj 68/ 123

S.F. _____ following the next general election, at which time the terms of 1 the members expire and the terms of the members elected under 2 the requirements of the new supervisor representation plan at 3 the general election as specified in section 331.208, 331.209, 4 or 331.210 shall commence. 5 Sec. 127. Section 331.236, Code 2009, is amended to read as 6 follows: 7 331.236 Ballot requirements. 8 1. Unless otherwise provided, the question of adopting the 9 proposed alternative form of government shall be submitted to 10 the electors in substantially the following form: 11 Should the (charter or amendment) described below be adopted 12 for (insert name of local government)? 13 2. The ballot must contain a brief description and summary 14 of the proposed charter or amendment. 15 Sec. 128. Section 331.247, subsection 7, paragraph c, Code 16 2009, is amended to read as follows: 17 c. (1) If an election is held, the governing body shall 18 submit the question of amending the charter to the electors in 19 substantially the following form: 20 Should the amendment described below be adopted for the 21 city-county consolidated charter of (insert name of county and 22 of each consolidated city)? 23 (2) The ballot must contain a brief description and summary 24 of the proposed amendment. 25 Sec. 129. Section 331.252, Code 2009, is amended to read as 26 follows: 27 331.252 Form of ballot —— city-county consolidation. 28 1. The question of city-county consolidation shall be 29 submitted to the electors in substantially the following form: 30 Should the charter described below be adopted for (insert 31 name of county and each city proposing to consolidate)? 32 2. The ballot must contain a brief description and summary 33 of the proposed charter. 34 Sec. 130. Section 331.255, Code 2009, is amended to read as 35 -69- LSB 5365SC (32) 83 lh/rj 69/ 123

S.F. _____ follows: 1 331.255 Form of ballot —— multicounty consolidation. 2 1. The question of multicounty consolidation shall be 3 submitted to the electors in substantially the following form: 4 Should the consolidation charter described below be adopted 5 for (name of applicable county)? 6 2. The ballot must contain a brief description and summary 7 of the proposed charter. 8 Sec. 131. Section 331.262, subsections 1 and 9, Code 2009, 9 are amended to read as follows: 10 1. a. As a political subdivision of the state, the 11 community commonwealth unit of local government shall have the 12 statutory and constitutional status of a county and of a city 13 to the extent the community commonwealth governing body assumes 14 the powers and duties of cities as those powers and duties 15 relate to the delivery of services. For each service provided 16 by the community commonwealth, the community commonwealth shall 17 assume the same statutory rights, powers, and duties relating 18 to the provision of the service as if the member city were 19 itself providing the service to its citizens. 20 b. On its effective date, the community commonwealth 21 charter operates to replace the existing county government 22 structure. The governments of participating cities shall 23 remain in existence to render those services not transferred to 24 the community commonwealth government. 25 9. a. A city or county wishing to terminate its membership 26 in the community commonwealth government must do so pursuant to 27 the existing charter procedure under this chapter or chapter 28 372, whichever is applicable. 29 b. A city or county may join an existing community 30 commonwealth government by resolution of the board or council, 31 whichever is applicable, or upon petition of eligible electors 32 of the city or county, whichever is applicable, equal in number 33 to at least twenty-five percent of the persons who voted at the 34 last general election for the office of governor or president 35 -70- LSB 5365SC (32) 83 lh/rj 70/ 123

S.F. _____ of the United States, whichever is fewer. Within fifteen days 1 after receiving a valid petition, the applicable governing 2 body shall adopt a resolution in favor of participation and 3 shall immediately forward the resolution to the governing 4 body of the community commonwealth. If a majority of the 5 community commonwealth governing body approves the resolution, 6 the question of joining the community commonwealth shall be 7 submitted to the electorate of the petitioning city or county 8 within sixty days after approval of the resolution. 9 Sec. 132. Section 331.301, subsection 10, paragraph e, 10 subparagraph (1), Code Supplement 2009, is amended to read as 11 follows: 12 (1) (a) The board must follow substantially the 13 authorization procedures of section 331.443 to authorize 14 a lease or lease-purchase contract for personal property 15 which is payable from the general fund. The board must 16 follow substantially the authorization procedures of section 17 331.443 to authorize a lease or lease-purchase contract for 18 real property which is payable from the general fund if the 19 principal amount of the lease-purchase contract does not exceed 20 the following limits: 21 (a) (i) Four hundred thousand dollars in a county having a 22 population of twenty-five thousand or less. 23 (b) (ii) Five hundred thousand dollars in a county having a 24 population of more than twenty-five thousand but not more than 25 fifty thousand. 26 (c) (iii) Six hundred thousand dollars in a county having 27 a population of more than fifty thousand but not more than one 28 hundred thousand. 29 (d) (iv) Eight hundred thousand dollars in a county having 30 a population of more than one hundred thousand but not more 31 than two hundred thousand. 32 (e) (v) One million dollars in a county having a population 33 of more than two hundred thousand. 34 (b) However, if the principal amount of a lease or 35 -71- LSB 5365SC (32) 83 lh/rj 71/ 123

S.F. _____ lease-purchase contract pursuant to this subparagraph (1) is 1 less than twenty-five thousand dollars, the board may authorize 2 the lease or lease-purchase contract without following the 3 authorization procedures of section 331.443. 4 Sec. 133. Section 331.301, subsection 10, paragraph e, 5 subparagraph (2), subparagraph division (b), Code Supplement 6 2009, is amended to read as follows: 7 (b) (i) If at any time before the end of the thirty-day 8 period after which a meeting may be held to take action to 9 enter into the lease or lease-purchase contract, a petition 10 is filed with the auditor in the manner provided by section 11 331.306, asking that the question of entering into the lease or 12 lease-purchase contract be submitted to the registered voters 13 of the county, the board shall either by resolution declare the 14 proposal to enter into the lease or lease-purchase contract to 15 have been abandoned or shall direct the county commissioner 16 of elections to call a special election upon the question of 17 entering into the lease or lease-purchase contract. However, 18 for purposes of this subparagraph (2) , the petition shall not 19 require signatures in excess of one thousand persons. 20 (ii) The question to be placed on the ballot shall be stated 21 affirmatively in substantially the following manner: 22 Shall the county of ................ enter into a lease or 23 lease-purchase contract in an amount of $ ................ for 24 the purpose of ................ ? 25 (iii) Notice of the election and its conduct shall be in the 26 manner provided in section 331.442, subsections 2 through 4. 27 Sec. 134. Section 331.307, subsections 9 through 12, Code 28 2009, are amended to read as follows: 29 9. a. When judgment has been entered against a defendant, 30 the court may do any of the following: 31 a. (1) Impose a civil penalty by entry of a personal 32 judgment against the defendant. 33 b. (2) Direct that payment of the civil penalty be 34 suspended or deferred under conditions imposed by the court. 35 -72- LSB 5365SC (32) 83 lh/rj 72/ 123

S.F. _____ c. (3) Grant appropriate alternative relief ordering the 1 defendant to abate or cease the violation. 2 d. (4) Authorize the county to abate or correct the 3 violation. 4 e. (5) Order that the county’s costs for abatement or 5 correction of the violation be entered as a personal judgment 6 against the defendant or assessed against the property where 7 the violation occurred, or both. 8 b. If a defendant willfully violates the terms of an order 9 imposed by the court, the failure is contempt. 10 10. The magistrate or district associate judge shall have 11 jurisdiction to assess or enter judgment for costs of abatement 12 or correction in an amount not to exceed the jurisdictional 13 amount for a money judgment in a civil action pursuant to 14 section 631.1, subsection 1, for magistrates and section 15 602.6306, subsection 2, for district associate judges. If the 16 county seeks abatement or correction costs in excess of those 17 amounts, the case shall be referred to the district court for 18 hearing and entry of an appropriate order. The procedure for 19 hearing in the district court shall be the same procedure as 20 that for a small claims appeal pursuant to section 631.13. 21 10. 11. A defendant or the county may file a motion for 22 a new trial or may appeal the decision of the magistrate or 23 district associate judge to the district court. The procedure 24 on appeal shall be the same as for a small claim pursuant to 25 section 631.13. A factual determination made by the trial 26 court, supported by substantial evidence as shown in the 27 record, is binding for purposes of appeal relating to the 28 violation at issue, but shall not be admissible or binding 29 as to any future violation for the same or similar ordinance 30 provision by the same defendant. 31 11. 12. This section does not preclude a peace officer 32 of a county from issuing a criminal citation for a violation 33 of a county code or regulation if criminal penalties are also 34 provided for the violation. Each day that a violation occurs 35 -73- LSB 5365SC (32) 83 lh/rj 73/ 123

S.F. _____ or is permitted by the defendant to exist, constitutes a 1 separate offense. 2 12. 13. The issuance of a civil citation for a county 3 infraction or the ensuing court proceedings do not provide 4 an action for false arrest, false imprisonment, or malicious 5 prosecution. 6 Sec. 135. Section 331.342, Code 2009, is amended to read as 7 follows: 8 331.342 Conflicts of interest in public contracts. 9 1. As used in this section, “contract” means a claim, 10 account, or demand against or agreement with a county, express 11 or implied, other than a contract to serve as an officer or 12 employee of the county. However, contracts subject to section 13 314.2 are not subject to this section. 14 2. An officer or employee of a county shall not have an 15 interest, direct or indirect, in a contract with that county. 16 A contract entered into in violation of this section is void. 17 The provisions of this section do not apply to: 18 1. a. The designation of a bank or trust company as a 19 depository, paying agent, or for investment of funds. 20 2. b. An employee of a bank or trust company, who serves as 21 treasurer of a county. 22 3. c. Contracts made by a county upon competitive bid in 23 writing, publicly invited and opened. 24 4. d. Contracts in which a county officer or employee 25 has an interest solely by reason of employment, or a stock 26 interest of the kind described in subsection 8 paragraph “h” , or 27 both, if the contracts are made by competitive bid, publicly 28 invited and opened, or if the remuneration of employment will 29 not be directly affected as a result of the contract and the 30 duties of employment do not directly involve the procurement or 31 preparation of any part of the contract. The competitive bid 32 qualification of this subsection paragraph does not apply to 33 a contract for professional services not customarily awarded 34 by competitive bid. 35 -74- LSB 5365SC (32) 83 lh/rj 74/ 123

S.F. _____ 5. e. The designation of official newspapers. 1 6. f. A contract in which a county officer or employee 2 has an interest if the contract was made before the time the 3 officer or employee was elected or appointed, but the contract 4 shall not be renewed. 5 7. g. A contract with volunteer fire fighters or civil 6 defense volunteers. 7 8. h. A contract with a corporation in which a county 8 officer or employee has an interest by reason of stockholdings 9 when less than five percent of the outstanding stock of the 10 corporation is owned or controlled directly or indirectly by 11 the officer or employee or the spouse or immediate family of 12 the officer or employee. 13 9. i. A contract made by competitive bid, publicly 14 invited and opened, in which a member of a county board, 15 commission, or administrative agency has an interest, if 16 the member is not authorized by law to participate in the 17 awarding of the contract. The competitive bid qualification 18 of this subsection paragraph does not apply to a contract for 19 professional services not customarily awarded by competitive 20 bid. 21 10. j. Contracts not otherwise permitted by this section, 22 for the purchase of goods or services by a county, which 23 benefit a county officer or employee, if the purchases 24 benefiting that officer or employee do not exceed a cumulative 25 total purchase price of one thousand five hundred dollars in 26 a fiscal year. 27 11. k. A contract that is a bond, note, or other obligation 28 of the county and the contract is not acquired directly 29 from the county, but is acquired in a transaction with a 30 third party, who may or may not be the original underwriter, 31 purchaser, or obligee of the contract. 32 Sec. 136. Section 331.402, subsection 3, paragraph d, 33 subparagraph (2), subparagraph division (b), Code Supplement 34 2009, is amended to read as follows: 35 -75- LSB 5365SC (32) 83 lh/rj 75/ 123

S.F. _____ (b) (i) If at any time before the end of the thirty-day 1 period after which a meeting may be held to take action to 2 enter into the loan agreement, a petition is filed with the 3 auditor in the manner provided by section 331.306 asking that 4 the question of entering into the loan agreement be submitted 5 to the registered voters of the county, the board shall either 6 by resolution declare the proposal to enter into the loan 7 agreement to have been abandoned or shall direct the county 8 commissioner of elections to call a special election upon the 9 question of entering into the loan agreement. However, for 10 purposes of this subparagraph (2) , the petition shall not 11 require signatures in excess of one thousand persons. 12 (ii) The question to be placed on the ballot shall be stated 13 affirmatively in substantially the following manner: 14 Shall the county of .................... enter into a 15 loan agreement in amount of $ ........ for the purpose of 16 ....................? 17 (iii) Notice of the election and its conduct shall be in the 18 manner provided in section 331.442, subsections 2 through 4. 19 Sec. 137. Section 331.424, subsection 1, Code 2009, is 20 amended to read as follows: 21 1. a. For general county services, an amount sufficient to 22 pay the charges for the following: 23 a. (1) To the extent that the county is obligated by 24 statute to pay the charges for: 25 (1) (a) The costs of inpatient or outpatient substance 26 abuse admission, commitment, transportation, care, and 27 treatment at any of the following: 28 (a) (i) The alcoholic treatment center at Oakdale. 29 However, the county may require that an admission to the center 30 shall be reported to the board by the center within five 31 days as a condition of the payment of county funds for that 32 admission. 33 (b) (ii) A state mental health institute, or a 34 community-based public or private facility or service. 35 -76- LSB 5365SC (32) 83 lh/rj 76/ 123

S.F. _____ (2) (b) Care of children admitted or committed to the Iowa 1 juvenile home at Toledo. 2 (3) (c) Clothing, transportation, medical, or other 3 services provided persons attending the Iowa braille and sight 4 saving school, the Iowa school for the deaf, or the university 5 of Iowa hospitals and clinics’ center for disabilities and 6 development for children with severe disabilities at Iowa City, 7 for which the county becomes obligated to pay pursuant to 8 sections 263.12, 269.2, and 270.4 through 270.7. 9 b. (2) Foster care and related services provided under 10 court order to a child who is under the jurisdiction of the 11 juvenile court, including court-ordered costs for a guardian 12 ad litem under section 232.71C. 13 c. (3) Elections, and voter registration pursuant to 14 chapter 48A. 15 d. (4) Employee benefits under chapters 96, 97B, and 97C, 16 which are associated with salaries for general county services. 17 e. (5) Joint county and city building authorities 18 established under section 346.27, as provided in subsection 22 19 of that section. 20 f. (6) Tort liability insurance, property insurance, and 21 any other insurance that may be necessary in the operation of 22 the county, costs of a self-insurance program, costs of a local 23 government risk pool, and amounts payable under any insurance 24 agreements to provide or procure such insurance, self-insurance 25 program, or local government risk pool. 26 g. (7) The maintenance and operation of the courts, 27 including but not limited to the salary and expenses of the 28 clerk of the district court and other employees of the clerk’s 29 office, and bailiffs, court costs if the prosecution fails or 30 if the costs cannot be collected from the person liable, costs 31 and expenses of prosecution under section 189A.17, salaries 32 and expenses of juvenile court officers under chapter 602, 33 court-ordered costs in domestic abuse cases under section 34 236.5, the county’s expense for confinement of prisoners under 35 -77- LSB 5365SC (32) 83 lh/rj 77/ 123

S.F. _____ chapter 356A, temporary assistance to the county attorney, 1 county contributions to a retirement system for bailiffs, 2 reimbursement for judicial magistrates under section 602.6501, 3 claims filed under section 622.93, interpreters’ fees under 4 section 622B.7, uniform citation and complaint supplies under 5 section 805.6, and costs of prosecution under section 815.13. 6 h. (8) Court-ordered costs of conciliation procedures under 7 section 598.16. 8 i. (9) Establishment and maintenance of a joint county 9 indigent defense fund pursuant to an agreement under section 10 28E.19. 11 j. (10) The maintenance and operation of a local emergency 12 management agency established pursuant to chapter 29C. 13 b. The board may require a public or private facility, as a 14 condition of receiving payment from county funds for services 15 it has provided, to furnish the board with a statement of the 16 income, assets, and legal residence including township and 17 county of each person who has received services from that 18 facility for which payment has been made from county funds 19 under paragraphs “a” and “b” paragraph “a” , subparagraphs (1) 20 and (2) . However, the facility shall not disclose to anyone 21 the name or street or route address of a person receiving 22 services for which commitment is not required, without first 23 obtaining that person’s written permission. 24 c. Parents or other persons may voluntarily reimburse the 25 county or state for the reasonable cost of caring for a patient 26 or an inmate in a county or state facility. 27 Sec. 138. Section 331.605, Code 2009, is amended to read as 28 follows: 29 331.605 Other fees. 30 1. The recorder shall collect: 31 1. a. For the issuance of a registration or transfer for 32 a vessel or boat: 33 a. (1) A registration fee as provided in section 462A.5. 34 b. (2) A writing fee as provided in section 462A.53. 35 -78- LSB 5365SC (32) 83 lh/rj 78/ 123

S.F. _____ c. (3) A transfer and writing fee as provided in section 1 462A.44. 2 2. b. For issuance of hunting, fishing, and fur harvester 3 licenses: 4 a. (1) The fees specified in section 483A.1. 5 b. (2) The writing fee as provided in section 483A.12. 6 3. c. A state migratory game bird fee as provided in 7 section 483A.1. 8 4. d. For the issuance of snowmobile registrations and user 9 permits, the fees specified in sections 321G.4 and 321G.4A. 10 5. e. For the issuance of all-terrain vehicle registrations 11 and user permits, the fees specified in sections 321I.4 and 12 321I.5. 13 6. f. A county fee of four dollars for a certified copy of 14 a birth record, death record, or marriage certificate. 15 7. g. For filing an application for the license to marry, 16 thirty-five dollars, which includes payment for one certified 17 copy of the original certificate of marriage, to be issued 18 following filing of the original certificate of marriage, four 19 dollars of which shall be retained by the county pursuant to 20 subsection 6 paragraph “f” . For issuing an application for an 21 order of the district court authorizing the validation of a 22 license to marry before the expiration of three days from the 23 date of issuance of the license, five dollars. The district 24 court shall authorize the early validation of a marriage 25 license without the payment of any fees imposed in this 26 subsection paragraph upon showing that the applicant is unable 27 to pay the fees. 28 8. h. Other fees as provided by law. 29 2. However, the county shall not be required to pay the fees 30 required in this section. 31 Sec. 139. Section 331.651, Code 2009, is amended to read as 32 follows: 33 331.651 Office of county sheriff. 34 1. The office of sheriff is an elective office. However, 35 -79- LSB 5365SC (32) 83 lh/rj 79/ 123

S.F. _____ if a vacancy occurs in the office, the first deputy shall 1 assume the office after qualifying as provided in this 2 section. The first deputy shall hold the office until a 3 successor is appointed or elected to the unexpired term as 4 provided in chapter 69. If a sheriff is suspended from office, 5 the district court may appoint a sheriff until a temporary 6 appointment is made by the board as provided in section 66.19. 7 2. A person elected or appointed sheriff shall meet all the 8 following qualifications: 9 a. Have no felony convictions. 10 b. Be age twenty-one or over at the time of assuming the 11 office of sheriff. 12 c. Be a certified peace officer recognized by the Iowa law 13 enforcement academy council under chapter 80B or complete the 14 basic training course provided at the Iowa law enforcement 15 academy’s central training facility or a location other than 16 the central training facility within one year of taking office. 17 A person shall be deemed to have completed the basic training 18 course if the person meets all course requirements except the 19 physical training requirements. 20 2. 3. A person elected or appointed to the office of 21 sheriff shall qualify by taking the oath of office as provided 22 in section 63.10 and give bond as provided in section 64.8. 23 3. 4. The term of office of the sheriff is four years. 24 Sec. 140. Section 336.2, Code 2009, is amended to read as 25 follows: 26 336.2 Library districts formed. 27 1. A library district may be established composed of one or 28 more counties, one or more cities, or any combination of cities 29 and counties. 30 2. a. Eligible electors residing within the proposed 31 district in a number not less than five percent of those voting 32 for president of the United States or governor, as the case 33 may be, within the district at the last general election may 34 petition the board of supervisors of the county, or the city 35 -80- LSB 5365SC (32) 83 lh/rj 80/ 123

S.F. _____ council, for the establishment of the library district. The 1 petition shall clearly designate the area to be included in the 2 district. 3 b. The board of supervisors of each county and the city 4 council of each city containing area within the proposed 5 district shall submit the question to the registered voters 6 within their respective counties and cities at the next general 7 election. The petition shall be filed not less than eighty-two 8 days before the election. 9 3. a. A library district shall be established if a majority 10 of the electors voting on the question and residing in the 11 proposed library district favor its establishment. 12 b. The result of the election within cities maintaining a 13 free public library shall be considered separately, and no city 14 shall be included within the library district unless a majority 15 of its electors voting on the question favor its inclusion. In 16 such cases the boundaries of an established district may vary 17 from those of the proposed district. 18 4. After the establishment of a library district other areas 19 may be included by mutual agreement of the board of trustees of 20 the library district and the governing body of the area sought 21 to be included. 22 Sec. 141. Section 336.16, Code 2009, is amended to read as 23 follows: 24 336.16 Withdrawal from district —— termination. 25 1. a. (1) A city may withdraw from the library district 26 upon a majority vote in favor of withdrawal by the electorate 27 of the city in an election held on a motion by the city council. 28 The election shall be held simultaneously with a general or 29 city election. Notice of a favorable vote to withdraw shall 30 be sent by certified mail to the board of library trustees of 31 the library district and the county auditor or city clerk, as 32 appropriate, prior to January 10, and the withdrawal shall be 33 effective on July 1. 34 (2) A county may withdraw from the district after a majority 35 -81- LSB 5365SC (32) 83 lh/rj 81/ 123

S.F. _____ of the voters of the unincorporated area of the county voting 1 on the issue favor the withdrawal. The board of supervisors 2 shall call for the election which shall be held at the next 3 general election. 4 b. A city or county election shall not be called until a 5 hearing has been held on the proposal to submit a proposition 6 of withdrawal to an election. A hearing may be held only after 7 public notice published as provided in section 362.3 in the 8 case of a city or section 331.305 in the case of a county. A 9 copy of the notice submitted for publication shall be mailed to 10 the library on or before the date of publication. The proposal 11 presented at the hearing must include a plan for continuing 12 adequate library service with or without all participants and 13 the respective allocated costs and levels of service shall 14 be stated. At the hearing, any interested person shall be 15 given a reasonable time to be heard, either for or against the 16 withdrawal or the plan to accompany it. 17 2. A library district may be terminated if a majority of 18 the electors of the unincorporated area of the county and the 19 cities included in the library district voting on the issue 20 favor the termination. The election shall be held upon motion 21 of the board of supervisors and simultaneously with a general 22 or other county election. If the vote favors termination, the 23 termination shall be effective on the succeeding July 1. 24 3. An election for withdrawal from or termination of a 25 library district shall not be held more than once each four 26 years. 27 Sec. 142. Section 352.3, subsections 1 and 4, Code 2009, are 28 amended to read as follows: 29 1. a. In each county a county land preservation and use 30 commission is created composed of the following members: 31 a. (1) One member appointed by and from the county 32 agricultural extension council. 33 b. (2) Two members appointed by the district soil and water 34 conservation commissioners, one of whom must be a member of the 35 -82- LSB 5365SC (32) 83 lh/rj 82/ 123

S.F. _____ district soil and water conservation board of commissioners and 1 one must be a person who is not a commissioner, but is actively 2 operating a farm in the county. 3 c. (3) One member appointed by the board of supervisors 4 from the residents of the county who may be a member of the 5 board. 6 d. (4) One member appointed by and from a convention of the 7 mayors and councilpersons of the cities of the county. If a 8 participating city contains fifty percent or more of the total 9 population of the participating cities, that city may appoint 10 the member appointed under this paragraph. 11 b. However, if a city contains more than fifty percent of 12 the population of a county which has a population exceeding 13 fifty thousand persons, that city shall not participate 14 in the convention of mayors and councilpersons and the 15 members appointed under paragraph “d” “a” , subparagraph 16 (4), shall be one member appointed by and from the mayor and 17 councilpersons of that city and one member appointed by and 18 from the convention of mayors and councilpersons and the member 19 appointed under paragraph “c” (a), subparagraph (3), shall be 20 a resident of the county engaged in actual farming operations 21 appointed by the board of supervisors. 22 4. A vacancy in the county commission shall be filled 23 in the same manner as the appointment of the member whose 24 position is vacant. The term of a county commissioner is 25 four years. However, in the initial appointments to the 26 county commission, the members appointed under subsection 1, 27 paragraphs paragraph “a” , subparagraphs (1) and “b” (2) shall 28 be appointed to terms of two years. Members may be appointed 29 to succeed themselves. 30 Sec. 143. Section 352.6, Code 2009, is amended to read as 31 follows: 32 352.6 Creation or expansion of agricultural areas. 33 1. An owner of farmland may submit a proposal to the county 34 board for the creation or expansion of an agricultural area 35 -83- LSB 5365SC (32) 83 lh/rj 83/ 123

S.F. _____ within the county. An agricultural area, at its creation, 1 shall include at least three hundred acres of farmland; 2 however, a smaller area may be created if the farmland 3 is adjacent to farmland subject to an agricultural land 4 preservation ordinance pursuant to section 335.27 or adjacent 5 to land located within an existing agricultural area. The 6 proposal shall include a description of the proposed area to be 7 created or expanded, including its boundaries. The territory 8 shall be as compact and as nearly adjacent as feasible. Land 9 shall not be included in an agricultural area without the 10 consent of the owner. Agricultural areas shall not exist 11 within the corporate limits of a city. The county board may 12 consult with the department of natural resources when creating 13 or expanding an agricultural area contiguous to a location 14 which is under the direct supervision of the department, 15 including a state park, state preserve, state recreation area, 16 or sovereign lake. Agricultural areas may be created in a 17 county which has adopted zoning ordinances. Except as provided 18 in this section, the use of the land in agricultural areas is 19 limited to farm operations. 20 1. 2. The following shall be permitted in an agricultural 21 area: 22 a. Residences constructed for occupation by a person engaged 23 in farming or in a family farm operation. Nonconforming 24 preexisting residences may be continued in residential use. 25 b. Property of a telephone company, city utility as defined 26 in section 390.1, public utility as defined in section 476.1, 27 or pipeline company as defined in section 479.2. 28 2. 3. The county board of supervisors may permit any use 29 not listed in subsection 1 2 in an agricultural area only if it 30 finds all of the following: 31 a. The use is not inconsistent with the purposes set forth 32 in section 352.1. 33 b. The use does not interfere seriously with farm operations 34 within the area. 35 -84- LSB 5365SC (32) 83 lh/rj 84/ 123

S.F. _____ c. The use does not materially alter the stability of the 1 overall land use pattern in the area. 2 Sec. 144. Section 354.11, Code 2009, is amended to read as 3 follows: 4 354.11 Attachments to subdivision plats. 5 1. A subdivision plat, other than an auditor’s plat, that 6 is presented to the recorder for recording shall conform to 7 section 354.6 and shall not be accepted for recording unless 8 accompanied by the following documents: 9 1. a. A statement by the proprietors and their spouses, if 10 any, that the plat is prepared with their free consent and in 11 accordance with their desire, signed and acknowledged before an 12 officer authorized to take the acknowledgment of deeds. The 13 statement by the proprietors may also include a dedication to 14 the public of all lands within the plat that are designated for 15 streets, alleys, parks, open areas, school property, or other 16 public use, if the dedication is approved by the governing 17 body. 18 2. b. A statement from the mortgage holders or lienholders, 19 if any, that the plat is prepared with their free consent and 20 in accordance with their desire, signed and acknowledged before 21 an officer authorized to take the acknowledgment of deeds. An 22 affidavit and bond as provided for in section 354.12, may be 23 recorded in lieu of the consent of the mortgage or lienholder. 24 When a mortgage or lienholder consents to the subdivision, a 25 release of mortgage or lien shall be recorded for any areas 26 conveyed to the governing body or dedicated to the public. 27 3. c. An opinion by an attorney at law who has examined the 28 abstract of title of the land being platted. The opinion shall 29 state the names of the proprietors and holders of mortgages, 30 liens, or other encumbrances on the land being platted and 31 shall note the encumbrances, along with any bonds securing the 32 encumbrances. Utility easements shall not be construed to be 33 encumbrances for the purpose of this section. 34 4. d. A certified resolution by each governing body as 35 -85- LSB 5365SC (32) 83 lh/rj 85/ 123

S.F. _____ required by section 354.8 either approving the subdivision or 1 waiving the right to review. 2 5. e. A statement by the auditor approving the name or 3 title of the subdivision plat. 4 6. f. A certificate of the treasurer that the land is free 5 from certified taxes and certified special assessments or that 6 the land is free from certified taxes and that the certified 7 special assessments are secured by bond in compliance with 8 section 354.12. 9 2. A subdivision plat which includes no land set apart 10 for streets, alleys, parks, open areas, school property, or 11 public use other than utility easements, shall be accompanied 12 by the documents listed in subsections subsection 1, 2 , 3, 13 4, paragraphs “a” , “b” , “c” , “d” , and 5 “e” and a certificate of 14 the treasurer that the land is free from certified taxes other 15 than certified special assessments. 16 Sec. 145. Section 357C.13, Code 2009, is amended to read as 17 follows: 18 357C.13 Determination of fee. 19 1. The owner of any property joining an established 20 benefited street lighting district shall pay to the board of 21 trustees of the district an initial fee to be computed as 22 follows: 23 1. a. The board of trustees shall first determine fair 24 market value of all property and improvements owned by the 25 benefited street lighting district, less any indebtedness. 26 2. b. The board shall then determine the assessed value of 27 all property in said district. This shall be divided into the 28 value determined in subsection 1 of this section paragraph “a” . 29 3. c. The board shall determine the assessed value of the 30 property of each landowner joining the established district. 31 4. d. The result obtained in subsection 2 paragraph 32 “b” shall be multiplied by the result obtained in subsection 33 3 paragraph “c” . The result shall be the initial fee to be 34 charged each landowner. 35 -86- LSB 5365SC (32) 83 lh/rj 86/ 123

S.F. _____ 2. The initial fees paid to the district trustees shall be 1 used to help defray the cost and maintenance of the district’s 2 street lighting service. 3 Sec. 146. Section 358.2, Code 2009, is amended to read as 4 follows: 5 358.2 Petition —— deposit. 6 1. Any twenty-five or more eligible electors resident 7 within the limits of any proposed sanitary district may file 8 a petition in the office of the county auditor of the county 9 in which the proposed sanitary district, or the major portion 10 thereof, is located, requesting that there be submitted to 11 the registered voters of such proposed district the question 12 whether the territory within the boundaries of such proposed 13 district shall be organized as a sanitary district under this 14 chapter. Such petition shall be addressed to the board of 15 supervisors of the county wherein it is filed and shall set 16 forth: 17 1. a. An intelligible description of the boundaries of the 18 territory to be embraced in such district. 19 2. b. The name of such proposed sanitary district. 20 3. c. That the public health, comfort, convenience , or 21 welfare will be promoted by the establishment of such sanitary 22 district. 23 4. d. The signatures of the petitioners. 24 2. No territory shall be included within more than one 25 sanitary district organized under this chapter, and if any 26 proposed sanitary district shall fail to receive a majority of 27 votes cast at any election thereon as hereinafter provided, no 28 petition shall be filed for establishment of such a sanitary 29 district within one year from the date of such previous 30 election. 31 3. a. There shall be filed with the petition a bond with 32 sureties approved by the auditor, or a certified check, credit 33 union certified share draft or cash in an amount sufficient 34 for the payment of all costs and expenses incurred in the 35 -87- LSB 5365SC (32) 83 lh/rj 87/ 123

S.F. _____ proceedings if the district is not finally established. 1 b. No preliminary expense shall be incurred before the 2 establishment of the proposed sanitary district by the board in 3 excess of the amount of bond filed by the petitioners. In case 4 it is necessary to incur any expense in addition to the amount 5 of the bond, the board of supervisors shall require the filing 6 of an additional security until the additional bond is filed in 7 sufficient amount to cover the expense. 8 Sec. 147. Section 358.7, Code 2009, is amended to read as 9 follows: 10 358.7 Election. 11 1. Each registered voter resident within such proposed 12 sanitary district shall have the right to cast a ballot at such 13 election and no person shall vote in any precinct but that of 14 the person’s residence. Ballots at such election shall be in 15 substantially the following form, to wit: 16 For Sanitary District ☐ 17 Against Sanitary District ☐ 18 2. The board of supervisors shall cause a statement of 19 the result of such election to be spread upon the records of 20 the county auditor. If a majority of the votes cast upon the 21 question of incorporation of the proposed sanitary district 22 shall be in favor of the proposed sanitary district, such 23 proposed sanitary district shall thenceforth be deemed an 24 organized sanitary district under this chapter and established 25 as conducive to the public health, comfort, convenience, and 26 welfare. 27 Sec. 148. Section 360.9, Code 2009, is amended to read as 28 follows: 29 360.9 Reversion of real estate —— payment. 30 1. a. Any real estate, including improvements thereon, 31 situated wholly outside of a city, owned by a township and 32 heretofore used for township purposes and which is no longer 33 necessary for township purposes, shall revert to the present 34 owner of the tract from which the same was taken, provided that 35 -88- LSB 5365SC (32) 83 lh/rj 88/ 123

S.F. _____ said owner of the tract last aforesaid shall, within the time 1 hereinafter prescribed, pay the value thereof to the township 2 clerk. In the event the township trustees and said owner of 3 the tract from which such real property was taken do not agree 4 as to the value of such property and improvements thereon, 5 the township clerk shall, on written application of either 6 party, appoint three disinterested residents of the township to 7 appraise such property and improvements thereon. 8 b. The township clerk shall give notice to said trustees and 9 said owner of the time and place of making such appraisement, 10 which notice shall be served in the same manner and for the 11 same time as for the commencement of action in the district 12 court. Such appraisers shall inspect the real estate and 13 improvements and, at the time and place designated in the 14 notice, appraise the same in writing, which appraisement, after 15 being duly verified, shall be filed with the township clerk. 16 c. If the present owner of the tract from which said site 17 was taken fails to pay the amount of such appraisement to 18 such township within twenty days after the filing of same 19 with the township clerk, the township trustees may sell said 20 site, including any improvements thereon, to any person at the 21 appraised value, or may sell the same at public auction for the 22 best bid. 23 2. Any real estate, including improvements thereon, 24 situated within a city, owned by a township and heretofore 25 used for township purposes and which is no longer necessary 26 for township purposes, may be sold by the township trustees at 27 public auction for the best bid. 28 3. The township trustees in the case of joint ownership, 29 in conjunction with any city authorities, shall not sell such 30 real estate including improvements thereon unless the city 31 authorities concur in such sale. The proceeds of such sale 32 of jointly owned real estate including improvements located 33 thereon shall be prorated between the township and the city on 34 the basis of their respective contribution to the acquisition 35 -89- LSB 5365SC (32) 83 lh/rj 89/ 123

S.F. _____ and maintenance of such property. 1 4. a. Sales at public auction contemplated herein shall be 2 made only after the township trustees advertise for bids for 3 such property. Such advertisement shall definitely describe 4 said property and be published by at least one insertion each 5 week for two consecutive weeks in some newspaper having general 6 circulation in the township. 7 b. The township trustee shall not, prior to two weeks after 8 the said second publication, nor later than six months after 9 said second publication, accept any bid. The township trustees 10 may accept only the best bid received prior to acceptance. The 11 township trustees may decline to sell if all the bids received 12 are deemed inadequate. 13 5. Subject to the right of reversion to the present 14 owner as above provided, the township trustees may sell, 15 lease, exchange, give , or grant and accept any interest 16 in real property to, with , or from any county, municipal 17 corporation , or school district if the real property is within 18 the jurisdiction of both the grantor and grantee and the 19 advertising and public auction requirements of this section 20 shall not apply to any such transaction between the aforesaid 21 local units of government. 22 Sec. 149. Section 362.5, Code 2009, is amended to read as 23 follows: 24 362.5 Interest in public contract prohibited —— exceptions. 25 1. When used in this section, “contract” means any claim, 26 account, or demand against or agreement with a city, express 27 or implied. 28 2. A city officer or employee shall not have an interest, 29 direct or indirect, in any contract or job of work or material 30 or the profits thereof or services to be furnished or performed 31 for the officer’s or employee’s city. A contract entered into 32 in violation of this section is void. 33 3. The provisions of this section do not apply to: 34 1. a. The payment of lawful compensation of a city officer 35 -90- LSB 5365SC (32) 83 lh/rj 90/ 123

S.F. _____ or employee holding more than one city office or position, the 1 holding of which is not incompatible with another public office 2 or is not prohibited by law. 3 2. b. The designation of a bank or trust company as a 4 depository, paying agent, or for investment of funds. 5 3. c. An employee of a bank or trust company, who serves 6 as treasurer of a city. 7 4. d. Contracts made by a city, upon competitive bid in 8 writing, publicly invited and opened. 9 5. e. Contracts in which a city officer or employee has an 10 interest solely by reason of employment, or a stock interest of 11 the kind described in subsection 9 paragraph “i” , or both, if 12 the contracts are made by competitive bid in writing, publicly 13 invited and opened, or if the remuneration of employment will 14 not be directly affected as a result of the contract and the 15 duties of employment do not directly involve the procurement or 16 preparation of any part of the contract. The competitive bid 17 qualification of this subsection paragraph does not apply to 18 a contract for professional services not customarily awarded 19 by competitive bid. 20 6. f. The designation of an official newspaper. 21 7. g. A contract in which a city officer or employee has an 22 interest if the contract was made before the time the officer 23 or employee was elected or appointed, but the contract may not 24 be renewed. 25 8. h. Contracts with volunteer fire fighters or civil 26 defense volunteers. 27 9. i. A contract with a corporation in which a city 28 officer or employee has an interest by reason of stockholdings 29 when less than five percent of the outstanding stock of the 30 corporation is owned or controlled directly or indirectly by 31 the officer or employee or the spouse or immediate family of 32 such officer or employee. 33 10. j. Contracts not otherwise permitted by this section, 34 for the purchase of goods or services by a city having a 35 -91- LSB 5365SC (32) 83 lh/rj 91/ 123

S.F. _____ population of more than two thousand five hundred, which 1 benefit a city officer or employee, if the purchases benefiting 2 that officer or employee do not exceed a cumulative total 3 purchase price of one thousand five hundred dollars in a fiscal 4 year. 5 11. k. Contracts not otherwise permitted by this section 6 for the purchase of goods or services by a city having a 7 population of two thousand five hundred or less, which benefit 8 a city officer or employee, if the purchases benefiting that 9 officer or employee do not exceed a cumulative total purchase 10 price of two thousand five hundred dollars in a fiscal year. 11 12. l. Franchise agreements between a city and a utility 12 and contracts entered into by a city for the provision of 13 essential city utility services. 14 13. m. A contract that is a bond, note, or other obligation 15 of the city and the contract is not acquired directly from 16 the city, but is acquired in a transaction with a third party 17 who may or may not be the original underwriter, purchaser, or 18 obligee of the contract. 19 Sec. 150. Section 368.20, Code 2009, is amended to read as 20 follows: 21 368.20 Procedure after approval. 22 1. After the county commissioner of elections has certified 23 the results to the board, the board shall: 24 1. a. Serve and publish notice of the result as provided 25 in section 362.3. 26 2. b. File with the secretary of state and the clerk of 27 each city incorporated or involved in a boundary adjustment, 28 and record with the recorder of each county which contains 29 a portion of any city or territory involved, copies of the 30 proceedings including the original petition or plan and any 31 amendments, the order of the board approving the petition or 32 plan, proofs of service and publication of required notices, 33 certification of the election result, and any other material 34 deemed by the board to be of primary importance to the 35 -92- LSB 5365SC (32) 83 lh/rj 92/ 123

S.F. _____ proceedings. 1 2. Upon proper filing and expiration of time for appeal, 2 the incorporation, discontinuance, or boundary adjustment is 3 complete. However, if an appeal to any of the proceedings 4 is pending, completion does not occur until the appeal is 5 decided, unless a subsequent date is provided in the proposal. 6 The board shall also file with the state department of 7 transportation a copy of the map and legal land description of 8 each completed incorporation or corporate boundary adjustment 9 completed under sections 368.11 through 368.22 or approved 10 annexation within an urbanized area. 11 Sec. 151. Section 368.22, Code 2009, is amended to read as 12 follows: 13 368.22 Appeal. 14 1. a. A city, or a resident or property owner in the 15 territory or city involved may appeal a decision of the board 16 or a committee, or the legality of an election, to the district 17 court of a county which contains a portion of any city or 18 territory involved. 19 b. Appeal must be filed within thirty days of the filing 20 of a decision or the publication of notice of the result of an 21 election. 22 c. Appeal of an approval of a petition or plan does not stay 23 the election. 24 2. The judicial review provisions of this section and 25 chapter 17A shall be the exclusive means by which a person or 26 party who is aggrieved or adversely affected by agency action 27 may seek judicial review of that agency action. The court’s 28 review on appeal of a decision is limited to questions relating 29 to jurisdiction, regularity of proceedings, and whether the 30 decision appealed from is arbitrary, unreasonable, or without 31 substantial supporting evidence. The court may reverse and 32 remand a decision of the board or a committee, with appropriate 33 directions. 34 3. The following portions of section 17A.19 are not 35 -93- LSB 5365SC (32) 83 lh/rj 93/ 123

S.F. _____ applicable to this chapter: 1 1. a. The part of subsection 2 which relates to where 2 proceedings for judicial review shall be instituted. 3 2. b. Subsection 5. 4 3. c. Subsection 8. 5 4. d. Subsection 9. 6 5. e. Subsection 10. 7 6. f. Subsection 11. 8 Sec. 152. Section 372.5, Code 2009, is amended to read as 9 follows: 10 372.5 Commission form. 11 1. A city governed by the commission form has five 12 departments as follows: 13 1. a. Department of public affairs. 14 2. b. Department of accounts and finances. 15 3. c. Department of public safety. 16 4. d. Department of streets and public improvements. 17 5. e. Department of parks and public property. 18 2. a. A city governed by the commission form has a council 19 composed of a mayor and four council members elected at large, 20 unless the council representation plan is changed pursuant 21 to section 372.13, subsection 11. The mayor administers the 22 department of public affairs and each other council member is 23 elected to administer one of the other four departments. 24 b. However, a city governed, on July 1, 1975, by the 25 commission form and having a council composed of a mayor and 26 two council members elected at large may continue with a 27 council of three until the form of government is changed as 28 provided in section 372.2 or section 372.9 or without changing 29 the form, may submit to the voters the question of increasing 30 the council to five members assigned to the five departments as 31 set out in this section. 32 3. The mayor shall supervise the administration of all 33 departments and report to the council all matters requiring its 34 attention. The mayor is a member of the council and may vote on 35 -94- LSB 5365SC (32) 83 lh/rj 94/ 123

S.F. _____ all matters before the council. 1 4. The council member elected to administer the department 2 of accounts and finances is mayor pro tem. 3 5. The council may appoint a city treasurer or may, by 4 ordinance, provide for election of that officer. 5 Sec. 153. Section 373.7, Code 2009, is amended to read as 6 follows: 7 373.7 Form of ballot. 8 1. The question of metropolitan consolidation shall be 9 submitted to the electors in substantially the following form: 10 Should the cities of ................................ 11 and ................................ unite to form one joint 12 metropolitan corporation government? 13 2. The ballot must contain a brief description and summary 14 of the proposed charter or amendment. 15 Sec. 154. Section 376.8, subsection 2, Code 2009, is amended 16 to read as follows: 17 2. In a regular city election held for a city where the 18 council has chosen a runoff election in lieu of a primary, 19 candidates are elected as provided by subsection 1, except that 20 no candidate is elected who fails to receive a majority of the 21 votes cast for the office in question. In the case of at-large 22 elections to a multimember body, a majority is one vote more 23 than half the quotient found by dividing the total number of 24 votes cast for all candidates for that body by the number of 25 positions to be filled. In calculating the number of votes 26 necessary to constitute a majority, fractions shall be rounded 27 up to the next higher whole number. 28 In calculating the number of votes necessary to constitute 29 a majority, fractions shall be rounded up to the next higher 30 whole number. 31 Sec. 155. Section 384.24A, subsection 4, paragraph b, 32 subparagraph (2), Code Supplement 2009, is amended to read as 33 follows: 34 (2) (a) If at any time before the end of the thirty-day 35 -95- LSB 5365SC (32) 83 lh/rj 95/ 123

S.F. _____ period after which a meeting may be held to take action to 1 enter into the loan agreement, a petition is filed with the 2 clerk of the city in the manner provided by section 362.4, 3 asking that the question of entering into the loan agreement be 4 submitted to the registered voters of the city, the governing 5 body shall either by resolution declare the proposal to 6 enter into the loan agreement to have been abandoned or shall 7 direct the county commissioner of elections to call a special 8 election upon the question of entering into the loan agreement. 9 However, for purposes of this paragraph, the petition shall not 10 require signatures in excess of one thousand persons. 11 (b) The question to be placed on the ballot shall be stated 12 affirmatively in substantially the following manner: 13 Shall the city of ................ enter into a loan 14 agreement in amount of $ ................ for the purpose 15 of ................ ? 16 (c) Notice of the election and its conduct shall be in the 17 manner provided in section 384.26, subsections 2 through 4. 18 Sec. 156. Section 384.50, Code 2009, is amended to read as 19 follows: 20 384.50 Notice of hearing. 21 1. The clerk shall publish notice of the date, time, and 22 place of the hearing once each week for two consecutive weeks 23 in the manner provided by section 362.3, the first publication 24 of which shall be not less than ten days before the date of the 25 hearing. 26 2. The notice must be in substantially the following form: 27 NOTICE TO PROPERTY OWNERS 28 Notice is given that there is now on file for public 29 inspection in the office of the clerk of .................... , 30 Iowa, a proposed resolution of necessity, an estimate of cost, 31 and a plat and schedule showing the amounts proposed to be 32 assessed against each lot and the valuation of each lot within 33 a district approved by the council of .................... , 34 Iowa, for a .................... improvement of the type(s) and 35 -96- LSB 5365SC (32) 83 lh/rj 96/ 123

S.F. _____ in the location(s) as follows: 1 The council will meet at ........ o’clock ........ m., 2 on .................... (date), at the .................... , 3 at which time the owners of property subject to assessment for 4 the proposed improvement or any other person having an interest 5 in the matter may appear and be heard for or against the making 6 of the improvement, the boundaries of the district, the cost, 7 the assessment against any lot, or the final adoption of a 8 resolution of necessity. A property owner will be deemed to 9 have waived all objections unless at the time of hearing the 10 property owner has filed objections with the clerk. 11 .................................... 12 Clerk 13 3. Not less than fifteen days before the hearing, the clerk 14 shall send a copy of the notice by mail to each property owner 15 whose property is subject to assessment for the improvement at 16 the address as shown by the records of the county auditor. If 17 a property is shown to be in the name of more than one owner 18 at the same mailing address, a single notice may be mailed 19 addressed to all owners at that address. Failure to receive a 20 mailed notice is not a defense to the special assessment. 21 Sec. 157. Section 389.2, Code 2009, is amended to read as 22 follows: 23 389.2 Submission to voters. 24 A joint water utility may be established by two or more 25 cities. A proposal to establish a joint water utility or to 26 join an existing joint water utility may be submitted to the 27 voters of a city by the city council upon its own motion, or 28 upon receipt of a valid petition pursuant to section 362.4. 29 1. If the proposal is to establish a joint water utility, 30 the proposal shall be submitted to the voters of each city 31 proposing to establish the joint water utility. If a majority 32 of the electorate in each of at least two cities approves the 33 proposal, the cities approving the proposal may establish a 34 joint water utility. 35 -97- LSB 5365SC (32) 83 lh/rj 97/ 123

S.F. _____ 2. If the proposal is to join an existing joint water 1 utility, the proposal must first be submitted to the joint 2 water utility board for its approval. If the proposal is 3 approved by the board, the proposal shall be submitted to the 4 electorate of the city wishing to join. The proposal must 5 receive a majority affirmative vote for passage. 6 Sec. 158. Section 403.5, subsection 4, paragraph b, Code 7 2009, is amended to read as follows: 8 b. (1) The urban renewal plan conforms to the general plan 9 of the municipality as a whole; provided, that if the urban 10 renewal area consists of an area of open land to be acquired by 11 the municipality, such area shall not be so acquired except: 12 (1) (a) If it is to be developed for residential uses, 13 the local governing body shall determine that a shortage of 14 housing of sound standards and design with decency, safety , and 15 sanitation exists in the municipality; that the acquisition 16 of the area for residential uses is an integral part of and 17 essential to the program of the municipality; and that one or 18 more of the following conditions exist: 19 (a) (i) That the need for housing accommodations has been 20 or will be increased as a result of the clearance of slums in 21 other areas, including other portions of the urban renewal 22 area. 23 (b) (ii) That conditions of blight in the municipality and 24 the shortage of decent, safe , and sanitary housing cause or 25 contribute to an increase in and spread of disease and crime, 26 so as to constitute a menace to the public health, safety, 27 morals, or welfare. 28 (c) (iii) That the provision of public improvements related 29 to housing and residential development will encourage housing 30 and residential development which is necessary to encourage 31 the retention or relocation of industrial and commercial 32 enterprises in this state and its municipalities. 33 (d) (iv) The acquisition of the area is necessary to 34 provide for the construction of housing for low and moderate 35 -98- LSB 5365SC (32) 83 lh/rj 98/ 123

S.F. _____ income families. 1 (2) (b) If it is to be developed for nonresidential 2 uses, the local governing body shall determine that such 3 nonresidential uses are necessary and appropriate to facilitate 4 the proper growth and development of the community in 5 accordance with sound planning standards and local community 6 objectives. 7 (2) The acquisition of open land authorized in 8 subparagraphs (1) and (2) subparagraph (1), subparagraph 9 divisions (a) and (b) may require the exercise of governmental 10 action, as provided in this chapter, because of defective 11 or unusual conditions of title, diversity of ownership, 12 tax delinquency, improper subdivisions, outmoded street 13 patterns, deterioration of site, economic disuse, unsuitable 14 topography or faulty lot layouts, or because of the need for 15 the correlation of the area with other areas of a municipality 16 by streets and modern traffic requirements, or any combination 17 of such factors or other conditions which retard development of 18 the area. If such governmental action involves the exercise of 19 eminent domain authority, the municipality is subject to the 20 limitations of this chapter and chapters 6A and 6B. 21 Sec. 159. Section 403A.5, Code 2009, is amended to read as 22 follows: 23 403A.5 Exercise of municipal housing powers —— municipal 24 housing agency. 25 1. Any municipality may create, in such municipality, a 26 public body corporate and politic to be known as the “Municipal 27 Housing Agency” of such municipality except that such agency 28 shall not transact any business or exercise its powers 29 hereunder until or unless the local governing body has elected 30 to exercise its municipal housing powers through such an agency 31 as prescribed in this section. 32 2. If the municipal housing agency is authorized to transact 33 business and exercise powers hereunder, the mayor, by and with 34 the advice and consent of the local governing body, shall 35 -99- LSB 5365SC (32) 83 lh/rj 99/ 123

S.F. _____ appoint a board of commissioners of the municipal housing 1 agency which board shall consist of five commissioners. The 2 term of office for three of the commissioners originally 3 appointed shall be two years and the term of office for two 4 of the commissioners originally appointed shall be one year. 5 Thereafter the term of office for each commissioner shall be 6 two years. In cities having a population of more than one 7 hundred thousand, the city council may establish, by ordinance, 8 the number of commissioners at not less than five. 9 3. A commissioner shall receive no compensation for 10 services, but shall be entitled to the necessary expenses, 11 including traveling expenses, incurred in the discharge of a 12 duty. Each commissioner shall hold office until a successor 13 has been appointed and has qualified. A certificate of the 14 appointment or reappointment of any commissioner shall be filed 15 with the clerk of the municipality, and the certificate shall 16 be conclusive evidence of the due and proper appointment of the 17 commissioner. 18 4. a. The powers of a municipal housing agency shall 19 be exercised by the commissioners. A majority of the 20 commissioners shall constitute a quorum for the purpose of 21 conducting business and exercising the powers of the agency, 22 and for all other purposes. Action may be taken by the agency 23 upon a vote of a majority of the commissioners present, unless 24 in any case the bylaws shall require a larger number. Any 25 persons may be appointed as commissioners if they reside within 26 the area of operation of the agency, which area shall be 27 conterminous with the area of operation of the municipality, 28 and if they are otherwise eligible for appointments under this 29 chapter. 30 b. The mayor shall designate a chairperson and vice 31 chairperson from among the commissioners. An agency may employ 32 an executive director, technical experts and such other agents 33 and employees, permanent and temporary, as it may require, and 34 the agency may determine their qualifications, duties , and 35 -100- LSB 5365SC (32) 83 lh/rj 100/ 123

S.F. _____ compensation. For such legal service as it may require, an 1 agency may employ or retain its own counsel and legal staff. 2 An agency authorized to transact business and exercise powers 3 under this chapter shall file, with the local governing 4 body, on or before September 30 of each year, a report of 5 its activities for the preceding fiscal year, which report 6 shall include a complete financial statement setting forth its 7 assets, liabilities, income , and operating expense as of the 8 end of such fiscal year. At the time of filing the report, the 9 agency shall publish in a newspaper of general circulation in 10 the community a notice to the effect that such report has been 11 filed with the municipality, and that the report is available 12 for inspection during business hours in the office of the city 13 clerk and in the office of the agency. 14 c. For inefficiency, or neglect of duty, or misconduct in 15 office, a commissioner may be removed by a majority vote of the 16 governing body of the municipality only after a hearing before 17 the body, and after the commissioner shall have been given a 18 copy of the charges at least ten days prior to such hearing, 19 and after the commissioner shall have had an opportunity to be 20 heard in person or by counsel. 21 5. A municipality may itself exercise the powers in 22 connection with municipal housing as defined in this chapter, 23 or may, if the local governing body by resolution determines 24 such action to be in the public interest, elect to have such 25 powers exercised by the municipal housing agency, if one 26 exists or is subsequently established in the community. In 27 the event the local governing body makes such determination, 28 the municipal housing agency shall be vested with all of the 29 municipal housing project powers in the same manner as though 30 all such powers were conferred on such agency instead of the 31 municipality. If the local governing body does not elect to 32 make such determination, the municipality in its discretion may 33 exercise its municipal housing project powers through a board 34 or commissioner, or through such officers of the municipality 35 -101- LSB 5365SC (32) 83 lh/rj 101/ 123

S.F. _____ as the local governing body may by resolution determine. 1 6. A municipality or a “Municipal Housing Agency” may not 2 proceed with a housing project until a study or a report and 3 recommendation on housing available within the community is 4 made public by the municipality or agency and is included in 5 its recommendations for a housing project. Recommendations 6 must receive majority approval from the local governing body 7 before proceeding on the housing project. 8 Sec. 160. Section 404.2, subsection 2, paragraph h, Code 9 2009, is amended to read as follows: 10 h. Any tax exemption schedule authorized in section 404.3, 11 subsection 5, that shall be used in lieu of the schedule set 12 out in section 404.3, subsection 1, 2, 3, or 4. In the case of 13 a county, the tax schedules used shall only be applicable to 14 property of the type for which the revitalization area is zoned 15 at the time the county designates the area a revitalization 16 area. 17 In the case of a county, the tax schedules used shall only be 18 applicable to property of the type for which the revitalization 19 area is zoned at the time the county designates the area a 20 revitalization area. 21 Sec. 161. Section 411.5, subsection 9, Code 2009, is amended 22 to read as follows: 23 9. Duties of actuary. 24 a. The actuary shall be the technical advisor of the system 25 on matters regarding the operation of the fire and police 26 retirement fund and shall perform such other duties as are 27 required in connection with the operation of the system. 28 b. The actuary shall make such investigation of anticipated 29 interest earnings and of the mortality, service, and 30 compensation experience of the members of the system as the 31 actuary recommends, and on the basis of the investigation the 32 system shall adopt such tables and such rates as are required 33 in subsection 11. 34 Sec. 162. Section 411.30, Code 2009, is amended to read as 35 -102- LSB 5365SC (32) 83 lh/rj 102/ 123

S.F. _____ follows: 1 411.30 Transfer of membership. 2 1. Upon the written approval of the applicable county 3 board of supervisors and city council, to the Iowa public 4 employees’ retirement system, a vested member of the Iowa 5 public employees’ retirement system on June 30, 1986 , who meets 6 all of the following requirements shall become a member of a 7 retirement system under this chapter on July 1, 1986: 8 1. a. Was a vested member of the retirement system 9 established in this chapter on June 30, 1973. 10 2. b. Was an elected bailiff of a municipal court on June 11 30, 1973. 12 3. c. Became a deputy sheriff on July 1, 1973 , and pursuant 13 to 1972 Iowa Acts, chapter 1124, section 43, continued coverage 14 under a retirement system under this chapter. 15 4. d. Upon election as a county sheriff, was transferred 16 from membership under this chapter to membership in a 17 retirement system established in chapter 97B. 18 2. The Iowa public employees’ retirement system shall 19 transfer to the board of trustees of the applicable retirement 20 system under this chapter an amount equal to the total of the 21 accumulated contributions of the member as defined in section 22 97B.1A, subsection 2, together with the employer contribution 23 for that period of service plus the interest that accrued on 24 the contributions for that period equal to two percent plus 25 the interest dividend rate applicable for each year. The 26 board of trustees of the applicable retirement system under 27 this chapter shall credit the member whose contributions are 28 transferred under this section with membership service under 29 this chapter for the period for which the member was covered 30 under the Iowa public employees’ retirement system. If the 31 amount of the accumulated contributions as defined in section 32 97B.1A, subsection 2, transferred is less than the amount that 33 would have been contributed under section 411.8, subsection 34 1, paragraph “f” , at the rates in effect for the period for 35 -103- LSB 5365SC (32) 83 lh/rj 103/ 123

S.F. _____ which contributions were made plus the interest that would have 1 accrued on the amount, the member shall pay the difference 2 together with interest that would have accrued on the amount. 3 3. a. If the amount of the employer contributions 4 transferred is less than the amount that would have been 5 contributed by the employer under section 411.5, subsection 6 12, paragraph “b” , plus the interest that would have accrued 7 on the contributions, the board of trustees of the applicable 8 retirement system under this chapter shall determine the 9 remaining contribution amount due. The board of trustees shall 10 notify the county board of supervisors of the county in which 11 the sheriff was elected of the remaining amount to be paid to 12 the retirement system under this chapter. 13 b. The county board of supervisors shall forthwith pay to 14 the board of trustees of the applicable retirement system the 15 remaining amount to be paid from moneys in the county general 16 fund. 17 4. From July 1, 1986, the county board of supervisors 18 of the county in which the sheriff was elected shall deduct 19 the contribution required of the member under section 411.8, 20 subsection 1, paragraph “f” , from the member’s earnable 21 compensation and the county shall pay from the county general 22 fund an amount equal to the normal rate of contribution 23 multiplied by the member’s earnable compensation to the 24 applicable retirement system for the period in which the member 25 remains sheriff or deputy sheriff of that county. 26 DIVISION III 27 INTERNAL REFERENCE CHANGES 28 Sec. 163. Section 123.38, unnumbered paragraph 2, Code 29 2009, is amended to read as follows: 30 Any licensee or permittee, or the licensee’s or permittee’s 31 executor or administrator, or any person duly appointed by the 32 court to take charge of and administer the property or assets 33 of the licensee or permittee for the benefit of the licensee’s 34 or permittee’s creditors, may voluntarily surrender a license 35 -104- LSB 5365SC (32) 83 lh/rj 104/ 123

S.F. _____ or permit to the division. When a license or permit is 1 surrendered the division shall notify the local authority, and 2 the division or the local authority shall refund to the person 3 surrendering the license or permit, a proportionate amount of 4 the fee received by the division or the local authority for 5 the license or permit as follows: if a license or permit is 6 surrendered during the first three months of the period for 7 which it was issued, the refund shall be three-fourths of the 8 amount of the fee; if surrendered more than three months but 9 not more than six months after issuance, the refund shall be 10 one-half of the amount of the fee; if surrendered more than 11 six months but not more than nine months after issuance, the 12 refund shall be one-fourth of the amount of the fee. No refund 13 shall be made, however, for any special liquor permit, nor 14 for a liquor control license, wine permit, or beer permit 15 surrendered more than nine months after issuance. For purposes 16 of this paragraph, any portion of license or permit fees used 17 for the purposes authorized in section 331.424, subsection 1, 18 paragraphs “a” and “b” paragraph “a”, subparagraphs (1) and (2) , 19 and in section 331.424A, shall not be deemed received either 20 by the division or by a local authority. No refund shall be 21 made to any licensee or permittee, upon the surrender of the 22 license or permit, if there is at the time of surrender, a 23 complaint filed with the division or local authority, charging 24 the licensee or permittee with a violation of this chapter. 25 If upon a hearing on a complaint the license or permit is 26 not revoked or suspended, then the licensee or permittee is 27 eligible, upon surrender of the license or permit, to receive 28 a refund as provided in this section; but if the license or 29 permit is revoked or suspended upon hearing the licensee or 30 permittee is not eligible for the refund of any portion of the 31 license or permit fee. 32 Sec. 164. Section 144.36, subsection 4, Code 2009, is 33 amended to read as follows: 34 4. The county registrar shall record and forward to the 35 -105- LSB 5365SC (32) 83 lh/rj 105/ 123

S.F. _____ state registrar on or before the tenth day of each calendar 1 month the original certificates of marriages filed with the 2 county registrar during the preceding calendar month and the 3 fees collected by the county registrar on behalf of the state 4 for applications for a license to marry in accordance with 5 section 331.605, subsection 7 1, paragraph “g” . 6 Sec. 165. Section 144.46, subsection 2, Code 2009, is 7 amended to read as follows: 8 2. Fees collected by the state registrar and by the county 9 registrar on behalf of the state under this section shall 10 be deposited in the general fund of the state and the vital 11 records fund established in section 144.46A in accordance with 12 an apportionment established by rule. Fees collected by the 13 county registrar pursuant to section 331.605, subsection 6 1, 14 paragraph “f” , shall be deposited in the county general fund. 15 Sec. 166. Section 218.99, Code 2009, is amended to read as 16 follows: 17 218.99 Counties to be notified of patients’ personal 18 accounts. 19 The administrator in control of a state institution shall 20 direct the business manager of each institution under the 21 administrator’s jurisdiction which is mentioned in section 22 331.424, subsection 1, paragraphs “a” and “b” paragraph “a” , 23 subparagraphs (1) and (2) , and for which services are paid 24 under section 331.424A, to quarterly inform the county of legal 25 settlement’s entity designated to perform the county’s central 26 point of coordination process of any patient or resident who 27 has an amount in excess of two hundred dollars on account in 28 the patients’ personal deposit fund and the amount on deposit. 29 The administrators shall direct the business manager to further 30 notify the entity designated to perform the county’s central 31 point of coordination process at least fifteen days before the 32 release of funds in excess of two hundred dollars or upon the 33 death of the patient or resident. If the patient or resident 34 has no county of legal settlement, notice shall be made to the 35 -106- LSB 5365SC (32) 83 lh/rj 106/ 123

S.F. _____ director of human services and the administrator in control of 1 the institution involved. 2 Sec. 167. Section 303A.4, subsection 2, Code 2009, is 3 amended to read as follows: 4 2. An Iowa cultural trust fund is created in the office 5 of the treasurer of state for the purpose of receiving moneys 6 appropriated by the general assembly and any other moneys 7 available to the trust fund due to the issuance of trust 8 fund credits by the director as provided in section 303.1A, 9 subsection 6 1, paragraph “f” . 10 Sec. 168. Section 303A.6, subsection 2, Code 2009, is 11 amended to read as follows: 12 2. Approve or disapprove the grants recommended for 13 approval by the director, in consultation with the Iowa arts 14 council and the state historical society of Iowa, in accordance 15 with section 303.1A, subsection 6 1 , paragraph “c” “f” , 16 subparagraph (3) . The board may delete any recommendation, but 17 shall not add to or otherwise amend the list of recommended 18 grants. 19 Sec. 169. Section 307.10, subsection 15, Code 2009, is 20 amended to read as follows: 21 15. Approve all rules prior to their adoption by the 22 director pursuant to section 307.12, subsection 10 1, paragraph 23 “j” . 24 Sec. 170. Section 321.12, subsection 3, paragraph a, Code 25 2009, is amended to read as follows: 26 a. Records concerning suspensions authorized under section 27 321.210, subsection 1, paragraph “g” “a” , subparagraph (7) , 28 and section 321.210A may be destroyed six months after the 29 suspension is terminated and the requirements of section 30 321.191 have been satisfied. 31 Sec. 171. Section 321.180A, subsections 1 and 3, Code 2009, 32 are amended to read as follows: 33 1. Notwithstanding other provisions of this chapter, a 34 person with a physical disability, who is not suffering from 35 -107- LSB 5365SC (32) 83 lh/rj 107/ 123

S.F. _____ a convulsive disorder and who can provide a favorable medical 1 report, whose license renewal has been denied under section 2 321.177, subsection 6 or 7, or whose driver’s license has 3 been suspended under section 321.210, subsection 1, paragraph 4 “c” “a” , subparagraph (3) , upon meeting the requirements of 5 section 321.186, other than a driving demonstration or the 6 person’s limitations which caused the denial under section 7 321.177, subsection 6 or 7, or suspension under section 8 321.210, subsection 1, paragraph “c” “a” , subpararaph (3) , 9 and upon paying the fee required in section 321.191, shall be 10 issued a special instruction permit by the department. Upon 11 issuance of the permit the denial or suspension shall be stayed 12 and the stay shall remain in effect as long as the permit is 13 valid. 14 3. The permittee may apply for a driver’s license if thirty 15 days have elapsed since issuance of the special instruction 16 permit. The department shall issue a driver’s license if the 17 permittee is qualified, passes all required tests, including 18 a driving test, and pays the required fees. If the person 19 has not obtained a driver’s license before expiration of the 20 person’s special instruction permit, the person’s former 21 denial or suspension under section 321.177, subsection 6 22 or 7, or section 321.210, subsection 1, paragraph “c” “a” , 23 subparagraph (3) , upon service of notice by the department, 24 shall be reinstated. A permit shall be reissued for one 25 additional six-month period if a permittee continues to meet 26 the qualifications of subsection 1 and has incurred no motor 27 vehicle violations. 28 Sec. 172. Section 321.191, subsection 8, Code 2009, is 29 amended to read as follows: 30 8. Driver’s license reinstatements. The fee for 31 reinstatement of a driver’s license shall be twenty dollars 32 for a license which is, after notice and opportunity for 33 hearing, canceled, suspended, revoked, or barred. However, 34 reinstatement of the privilege suspended under section 321.210, 35 -108- LSB 5365SC (32) 83 lh/rj 108/ 123

S.F. _____ subsection 1, paragraph “c” “a” , subparagraph (3) , shall be 1 without fee. The fee for reinstatement of the privilege 2 to operate a commercial motor vehicle after a period of 3 disqualification shall be twenty dollars. 4 Sec. 173. Section 321.210, subsection 2, paragraph c, Code 5 2009, is amended to read as follows: 6 c. Parking violations, meaning violation of a local 7 authority parking ordinance or violation of sections 321L.4, 8 321.366, subsection 6 1, paragraph “f” , and 321.354 through 9 321.361 except section 321.354, subsection 1. 10 Sec. 174. Section 321.210C, subsection 1, Code 2009, is 11 amended to read as follows: 12 1. A person whose driver’s license or operating privileges 13 have been suspended, revoked, or barred under this chapter 14 for a conviction of a moving traffic violation, or suspended, 15 revoked, or barred under section 321.205 or section 321.210, 16 subsection 1, paragraph “e” “a” , subparagraph (5) , must 17 satisfactorily complete a twelve-month probation period 18 beginning immediately after the end of the period of 19 suspension, revocation, or bar. Upon a second conviction of a 20 moving traffic violation which occurred during the probation 21 period, the department may suspend the driver’s license or 22 operating privileges for an additional period equal in duration 23 to the original period of suspension, revocation, or bar, or 24 for one year, whichever is the shorter period. 25 Sec. 175. Section 321.218, subsection 3, paragraph a, Code 26 Supplement 2009, is amended to read as follows: 27 a. The department, upon receiving the record of the 28 conviction of a person under this section upon a charge of 29 operating a motor vehicle while the license of the person is 30 suspended or revoked, shall, except for licenses suspended 31 under section 252J.8, 321.210, subsection 1, paragraph “c” “a” , 32 subparagraph (3) , or section 321.210A or 321.513, extend the 33 period of suspension or revocation for an additional like 34 period or for one year, whichever period is shorter, and the 35 -109- LSB 5365SC (32) 83 lh/rj 109/ 123

S.F. _____ department shall not issue a new driver’s license to the person 1 during the extended period. 2 Sec. 176. Section 321.415, subsection 1, paragraphs a and b, 3 Code 2009, are amended to read as follows: 4 a. Whenever a driver of a vehicle approaches an oncoming 5 vehicle within one thousand feet, the driver shall use a 6 distribution of light, or composite beam, so aimed that the 7 glaring rays are not projected into the eyes of the oncoming 8 driver. The lowermost distribution of light, or composite 9 beam, specified in section 321.409, subsection 2 1, paragraph 10 “b” , shall be deemed to avoid glare at all times, regardless of 11 road contour and loading. 12 b. Whenever the driver of a vehicle follows another vehicle 13 within four hundred feet to the rear, except when engaged in 14 the act of overtaking and passing, the driver shall use a 15 distribution of light permissible under this chapter other 16 than the uppermost distribution of light specified in section 17 321.409, subsection 1 , paragraph “a” . 18 Sec. 177. Section 321A.17, subsection 4, Code Supplement 19 2009, is amended to read as follows: 20 4. An individual applying for a driver’s license following a 21 period of suspension or revocation pursuant to a dispositional 22 order issued under section 232.52, subsection 2, paragraph 23 “a” , or under section 321.180B, section 321.210, subsection 24 1, paragraph “d” “a” , subparagraph (4) , or section 321.210A, 25 321.213A, 321.213B, 321.216B, or 321.513, following a period 26 of suspension under section 321.194, or following a period 27 of revocation pursuant to a court order issued under section 28 901.5, subsection 10, or under section 321J.2A, is not required 29 to maintain proof of financial responsibility under this 30 section. 31 Sec. 178. Section 331.301, subsection 12, Code Supplement 32 2009, is amended to read as follows: 33 12. The board of supervisors may credit funds to a reserve 34 for the purposes authorized by subsection 11 of this section; 35 -110- LSB 5365SC (32) 83 lh/rj 110/ 123

S.F. _____ section 331.424, subsection 1, paragraph “f” “a” , subparagraph 1 (6) ; and section 331.441, subsection 2, paragraph “b” . Moneys 2 credited to the reserve, and interest earned on such moneys, 3 shall remain in the reserve until expended for purposes 4 authorized by subsection 11 of this section; section 331.424, 5 subsection 1, paragraph “f” “a” , subparagraph (6) ; or section 6 331.441, subsection 2, paragraph “b” . 7 Sec. 179. Section 331.610, Code 2009, is amended to read as 8 follows: 9 331.610 Abolition of office of recorder —— identification of 10 office —— place of filing. 11 If the office of county recorder is abolished in a county, 12 the auditor of that county shall be referred to as the county 13 auditor and recorder. After abolition of the office of county 14 recorder, references in the Code requiring filing or recording 15 of documents with the county recorder shall be deemed to 16 require the filing in the office of the county auditor and 17 recorder, and all duties of the abolished office of recorder 18 shall be performed by the county auditor and recorder. 19 However, the board of supervisors may direct that any of 20 the duties of the abolished office of recorder prescribed 21 in section 331.602, subsection 9, 10, 11, or 16, or section 22 331.605, subsection 1, 2, 3, 4 paragraphs “a”, “b”, “c”, “d” , 23 or 5 “e” , shall be performed by other county officers or 24 employees as provided in section 331.323. 25 Sec. 180. Section 368.7, subsection 3, Code 2009, is amended 26 to read as follows: 27 3. An application for annexation of territory within an 28 urbanized area of a city other than the city to which the 29 annexation is directed must be approved both by resolution of 30 the council which receives the application and by the board. 31 The board shall not approve an application which creates an 32 island. Notice of the application shall be mailed by certified 33 mail, by the city to which the annexation is directed, at least 34 fourteen business days prior to any action by the city council 35 -111- LSB 5365SC (32) 83 lh/rj 111/ 123

S.F. _____ on the application to the council of each city whose boundary 1 adjoins the territory or is within two miles of the territory, 2 to the board of supervisors of each county which contains a 3 portion of the territory, each affected public utility, and 4 to the regional planning authority of the territory. Notice 5 of the application shall be published in an official county 6 newspaper in each county which contains a portion of the 7 territory at least ten business days prior to any action by the 8 city council on the application. The annexation is completed 9 when the board has filed and recorded copies of applicable 10 portions of the proceedings as required by section 368.20, 11 subsection 2 1, paragraph “b” . 12 DIVISION IV 13 DIRECTIVES 14 Sec. 181. CODE EDITOR DIRECTIVES. 15 1. The Code editor is directed to number or renumber to 16 eliminate unnumbered paragraphs in sections 256.33, 256B.4, 17 256B.6, 260C.31, 260C.66, 260C.69, 261.83, 261A.15, 262.25, 18 262A.13, 275.16, 277.4, 285.2, 305B.11, 306.22, 307.22, 309.10, 19 311.7, 313.3, 313.5, 321.31, 321.68, 321.193, 321.211, 321.473, 20 321.475, 321.476, 321E.28, 321I.15, 321L.3, 322.9, 322A.15, 21 322C.12, 326.19A, 326.25, 327D.13, 327F.27, 327G.4, 327G.15, 22 327G.29, 327G.32, 331.254, 331.261, 354.10, 354.12, 354.22, 23 356.26, 357.1A, 357A.2, 357A.18, 357A.20, 357C.1A, 357C.5, 24 359.52, 362.3, 372.1, 376.6, 384.18, 389.3, 400.7, 403A.14, and 25 420.43, Code 2009, in accordance with established Code section 26 hierarchy and correct internal references in the Code and in 27 any enacted Iowa Acts as necessary. 28 2. The Code editor is directed to number, renumber, 29 designate, or redesignate to eliminate unnumbered paragraphs 30 within section subunits in sections 22.1, subsection 3; 31 256.11, subsection 5, paragraphs “g” , “h” , and “j” ; 256.12, 32 subsection 2; 256.52, subsection 3; 257.3, subsection 1; 257.6, 33 subsections 3 and 5; 257.32, subsection 1; 257.37, subsection 34 5; 258.17, subsections 2 and 3; 260C.18B, subsection 1; 35 -112- LSB 5365SC (32) 83 lh/rj 112/ 123

S.F. _____ 260C.72, subsection 1; 261.17, subsection 3; 261.38, subsection 1 5; 261.126, subsection 4; 266.39, subsections 3 and 4; 273.8, 2 subsection 8; 273.27, subsection 1; 279.10, subsection 3; 3 279.15, subsection 2; 280.15, subsection 2; 282.3, subsection 4 2; 282.4, subsection 2; 285.5, subsection 1; 296.7, subsections 5 1 and 4; 299A.4, subsection 7; 303.16, subsection 5; 303.16, 6 subsection 9, paragraph “a” ; 306.4, subsection 4; 313.2A, 7 subsection 2; 316.2, subsection 3; 321.34, subsections 2, 8, 8 8A, 15, 16, 17, 18, 19, 20, 20A, and 20B; 321.48, subsection 1; 9 321.69, subsections 7 and 10; 321.109, subsection 2; 321.124, 10 subsection 3, paragraph “h” ; 321.166, subsection 1; 321.180, 11 subsection 1, paragraphs “a” and “b” ; 321.180B, subsections 1 12 and 2; 321.189, subsection 1; 321.201, subsection 1; 321.372, 13 subsections 1 and 3; 321.445, subsection 2; 321.471, subsection 14 1; 321A.2, subsection 1; 321A.5, subsection 3; 321G.13, 15 subsection 1; 321J.4B, subsection 5, paragraph “f” ; 321J.20, 16 subsection 1, paragraph “c” ; 321J.24, subsection 5; 322.3, 17 subsection 13; 322.19, subsection 1; 322G.4, subsections 18 1, 2, and 3; 322G.6, subsection 3; 324A.6, subsection 1; 19 331.238, subsection 2; 331.248, subsection 4; 331.249, 20 subsections 2 and 7; 331.260, subsection 2; 331.323, subsection 21 1; 331.426, subsection 2; 331.463, subsection 1; 331.659, 22 subsection 1; 331.904, subsection 1; 350.4, subsection 9; 23 352.5, subsection 3; 356.7, subsection 5; 357A.24, subsection 24 4; 359.49, subsection 8; 368.7, subsection 1, paragraph 25 “b” , and subsection 4; 368.11, subsection 3, paragraph “m” ; 26 372.4, subsection 1; 373.2, subsection 2; 373.11, subsection 27 1; 384.38, subsection 3; 384.65, subsection 4; 384.82, 28 subsection 1; 384.103, subsection 2; 386.3, subsection 3; 29 403.5, subsection 2; 403.8, subsection 2; 403.9, subsection 30 3; 403.19, subsection 5, paragraph “a” ; 403.22, subsection 31 1; 404.2, subsection 5; 411.6B, subsection 1, paragraph “b” ; 32 411.8, subsection 1, paragraph “g” ; and 411.21, subsection 7, 33 Code 2009, and correct internal references in the Code and in 34 any enacted Iowa Acts as necessary. 35 -113- LSB 5365SC (32) 83 lh/rj 113/ 123

S.F. _____ 3. The Code editor is directed to number or renumber 1 to eliminate unnumbered paragraphs within section subunits 2 in sections 10A.108, subsection 1; 321L.5, subsection 6; 3 and 411.36, subsection 1, Code Supplement 2009, and correct 4 internal references in the Code and in any enacted Iowa Acts 5 as necessary. 6 4. a. The Code editor is directed to strike the words 7 “title” or “Title” and insert “Tit.” within federal Act 8 references in sections 13.31, subsections 1 and 6; 15E.192, 9 subsection 2; 15E.195, subsections 1 and 2; 30.1, subsection 10 3; 47.1, subsection 5; 96.11, subsection 10, paragraph “c” ; 11 97C.1; 97C.2, subsections 2, 5, and 7; 97C.3, unnumbered 12 paragraph 1, and subsections 1 and 2; 135C.9, subsection 13 1, paragraph “b” ; 142A.8, subsection 2; 203C.1, subsection 14 26; 207.21, subsections 1, 4, and 5; 207.22, subsection 3, 15 paragraph “b” ; 217.38; 228.1, subsection 7; 230.20, subsection 16 6; 232.1A; 234.6, subsection 1; 249.1, subsection 3; 249A.2, 17 subsections 1, 4, 6, 7, and 8; 249A.20A, subsection 5; 249A.24, 18 subsection 2, paragraph “b” ; 249B.1, subsections 6 and 7; 19 249F.1, subsection 1; 249F.8; 249J.3, subsection 8; 249J.10, 20 subsection 3; 249J.22, subsection 3; 252B.6, subsection 21 3; 252B.9, subsection 2, paragraph “b” , subparagraph (1), 22 subsection 3, paragraphs “c” , “d” , “e” , subparagraph (1), and 23 “f” ; 252B.14, subsection 5; 252D.20; 252E.15; 259.2, unnumbered 24 paragraph 2; 259.9; 260C.18A, subsection 2, paragraph “c” ; 25 306B.1, subsections 3 and 4; 307.10, subsection 13; 321.105, 26 subsection 5; 321.450, subsections 1 and 3; 403.6, subsection 27 7; 455B.133, subsection 3 and subsection 8, paragraph “a” ; 28 459A.102, subsection 19; 483A.4, subsection 1; 486A.101, 29 subsection 2, paragraph “a” ; 488.102, subsection 3, paragraph 30 “a” ; 490A.102, subsection 2; 514.7, subsections 2 through 31 4; 514B.1, subsection 5, paragraphs “b” though “d” ; 514C.8, 32 subsection 1; 514F.4, subsection 2, paragraph “a” ; 514I.9, 33 subsection 1; 523A.401, subsection 5, paragraph “a” ; 523A.402, 34 subsection 5, paragraph “a” ; 523A.602, subsection 3; 534.205, 35 -114- LSB 5365SC (32) 83 lh/rj 114/ 123

S.F. _____ subsection 1; 541A.1, subsection 8, paragraph “b” , subparagraph 1 (2); and 541A.6, Code 2009. 2 b. The Code editor is directed to strike the word “title” 3 or “Title” and insert “Tit.” within federal Act references in 4 section 35.1, subsection 2, paragraph “b” , subparagraphs (1) 5 and (2), Code Supplement 2009. 6 c. The Code editor is directed to strike the word “Title” 7 and “Part” and insert “Tit.” and “pt.” within federal Act 8 references in sections 257.50 and 261.86, subsection 5, Code 9 2009. 10 d. The Code editor is directed to strike the words “Title”, 11 “subtitle”, “Part”, and “Subpart” and insert “Tit.”, “subtit.”, 12 “pt.”, and “subpt.”, where applicable, within federal Act 13 references in sections 256.10A; 256F.3, subsection 1; and 14 476.42, subsection 1, unnumbered paragraph 2 and subsection 4, 15 unnumbered paragraph 2, Code 2009. 16 e. The Code editor is directed to strike the word “Title” 17 and “subchapter” and insert “Tit.” and “subch.” within a 18 federal Act reference in section 537.1302, Code 2009. 19 f. The Code editor is directed to strike the words 20 “subchapter” and “part” and insert “pt.” within a Code of 21 federal regulations reference in section 162.20, subsection 5, 22 paragraph “c” , Code 2009. 23 DIVISION V 24 EFFECTIVE DATES 25 Sec. 182. EFFECTIVE UPON ENACTMENT AND RETROACTIVE 26 APPLICABILITY. The following provision or provisions of this 27 Act, being deemed of immediate importance, take effect upon 28 enactment and apply retroactively to July 1, 2009: 29 1. The section of this Act striking 2009 Iowa Acts, chapter 30 9, section 6, subsection 1. 31 2. The section of this Act repealing 2009 Iowa Acts, chapter 32 133, sections 228 and 247. 33 3. The section of this Act repealing 2009 Iowa Acts, chapter 34 170, section 3. 35 -115- LSB 5365SC (32) 83 lh/rj 115/ 123

S.F. _____ 4. The section of this Act amending 2009 Iowa Acts, chapter 1 179, section 30. 2 5. The section of this Act amending 2009 Iowa Acts, chapter 3 179, sections 201 and 202. 4 Sec. 183. EFFECTIVE UPON ENACTMENT AND RETROACTIVE 5 APPLICABILITY. The section of this Act amending 2009 Iowa 6 Acts, chapter 100, section 35, takes effect upon enactment and 7 applies retroactively to May 12, 2009. 8 EXPLANATION 9 This bill makes Code changes and corrections that are 10 considered to be nonsubstantive and noncontroversial, in 11 addition to style changes. Changes made include updating 12 or correcting names of and references to public and private 13 entities and funds, correcting internal Code and subject matter 14 references, renumbering and reorganizing various provisions 15 to eliminate unnumbered paragraphs and facilitate citation, 16 updating United States Code and Code of federal regulations 17 references, and making various grammatical corrections. The 18 Code sections in which the technical, grammatical, and other 19 nonsubstantive changes are made include all of the following: 20 DIVISION I. Code section 9A.102, subsection 2: Corrects a 21 reference to the term “agency contract” which is the defined 22 term used to describe contracts entered into between athletes 23 and athlete agents. 24 Code sections 9H.1, 10B.1, 28E.17, 155.12, 172A.5, 196.9, 25 306C.20, 455B.131, 483A.24, 491.36, 537.5105, 543C.2, 26 554B.2, 633.517, 636.45, 669.22, 670.8, and 714B.10: Updates 27 references to provisions within the United States Code and the 28 Code of federal regulations. In Code sections 9H.1, 10B.1, 29 28E.17, 96.9, 155.12, 172A.5, 196.9, 306C.20, 483A.24, 491.36, 30 537.5105, 543C.2, 554B.2, 633.517, 636.45, 669.22, 670.8, 31 and 714B.10 the references are converted to a standardized 32 format. In Code sections 28E.17, 554B.2, 633.517, and 636.45 33 the references are updated to reflect the current United States 34 Code reference and in Code sections 455B.131, 491.36, and 35 -116- LSB 5365SC (32) 83 lh/rj 116/ 123

S.F. _____ 714B.10 the references are corrected to reflect the correct 1 United States Code or Code of federal regulations reference. 2 In Code section 636.45, the term “building and loan 3 associations” is updated to the current term “savings and loan 4 associations”. 5 Code sections 12B.10B, 43.31, 53.40, 53.41, 159.1, 159.5, 6 279.14, 331.321, 331.508, 420.220, 455B.602, 455G.21, 7 and 626D.3: Updates internal references to eliminate 8 self-references to Code chapters in Code sections within those 9 Code chapters, self-references within Code sections, and 10 references to repealed Code sections in string and through 11 citations in current Code sections. The purpose of the 12 updates is to improve the hypertext and internal reference 13 identification process. 14 Code section 20.4: Corrects the grammar of a collective 15 bargaining provision by changing the noun “layoff” to the 16 verb “lay off” within the definition of the term “supervisory 17 employee”. 18 Code section 76.2: Substitutes “a political subdivision” 19 for “these political subdivisions” to conform to the use of 20 the singular “political subdivision” elsewhere in the Code 21 section and adds a reference to the provision which specifies 22 what types of entities are referred to when the term “political 23 subdivision” is used. 24 Code sections 92.9, 103.1, 103.12, and 103.15: Updates 25 references to the name of the office within the United States 26 department of labor that is responsible for oversight of 27 apprenticeship programs. 28 Code sections 92.18: Replaces the word “seasonable” with 29 the word “seasonal” to correct the description of the purpose 30 for which certain laborers travel from state to state seeking 31 employment. 32 Code section 96.9: Renumbers to eliminate an unnumbered 33 paragraph and place numbered items into a list, as well 34 as replaces the word “section” with a section symbol in a 35 -117- LSB 5365SC (32) 83 lh/rj 117/ 123

S.F. _____ reference to the federal Social Security Act. 1 Code section 96.20: Renumbers to eliminate an unnumbered 2 paragraph and conform numbering within this provision to Code 3 section hierarchy and combines two sentence fragments into a 4 single sentence in this unemployment compensation provision. 5 Code section 97B.1A, subsection 20: Combines two unnumbered 6 paragraphs under lettered paragraph “d” to eliminate an 7 unanchored unnumbered paragraph. 8 Code section 97B.42: Numbers unnumbered paragraphs and 9 reverses the placement of two provisions to place them in 10 chronological order in this Code section relating to certain 11 persons who are members of the Iowa public employees’ 12 retirement system. Internal references to Code section 13 260C.14, which is partially renumbered in Division II of this 14 bill to eliminate unanchored unnumbered paragraphs, are also 15 corrected. 16 Code section 100B.13: Replaces two references to repealed 17 provisions that formerly provided revenue for volunteer fire 18 fighter preparedness fund with a reference to the current 19 provision that provides those funds. 20 Code section 100D.1: Makes grammatical changes in language 21 defining the terms “fire extinguishing system contractor” and 22 “fire protection system”. 23 Code sections 124.212A and 126.23A: Substitutes the word 24 “from” for the word “in” in these provisions relating to sales 25 of pseudoephedrine products. 26 Code sections 126.12 and 166D.1: Corrects and conforms two 27 references to the name of the federal Virus-Serum-Toxin Act. 28 Code section 135.107, subsection 3, paragraph b, 29 subparagraph (2), subparagraph division (h): Substitutes the 30 words “determination of” for the word “determine” to conform 31 the usage within this subparagraph division to other usage in 32 other provisions in this subparagraph. 33 Code sections 135A.4 and 135A.5: Conforms language in 34 Code section 135A.4 to similar language relating to quarterly 35 -118- LSB 5365SC (32) 83 lh/rj 118/ 123

S.F. _____ meetings of the respective public entities and changes the word 1 “greater” to “more” in language describing the maximum number 2 of members that may serve on those entities. 3 Code section 135A.9: Corrects the reference to the 4 Code section pursuant to which public health standards 5 are recommended by the governmental public health advisory 6 committee to the department of public health. 7 Code section 142A.3: Adds the words “of representative” to 8 a reference to the appointments made by the majority leader of 9 the house of representatives to the commission on tobacco use 10 prevention and control. 11 Code section 158.16: Adds the words “an amount” between 12 the words “fined” and “not to exceed one thousand dollars” in 13 language describing the penalty applicable for violations under 14 the Code chapter relating to the practice of barbering. 15 Code section 159A.4: Substitutes the word “agency” for 16 the word “department” in language preceding an enumeration of 17 agencies, including but not limited to departments, which have 18 representatives on the renewable fuels and coproducts advisory 19 committee. 20 Code section 215.17: Numbers provisions in this section 21 relating to test weights to set off the portions of the 22 provisions which constitute the statutory language from the 23 portions which set out tables containing fee amounts. 24 Code section 256A.4, subsection 1: Adds the words “family 25 support” in the very first paragraph of and renumbers to 26 eliminate unnumbered paragraphs in this subsection permitting 27 the establishment of family support programs. 28 Code sections 257.9, 257.10, and 455G.3: Adds references 29 to the years in which certain repealed but still referenced 30 provisions last appeared in the Code to permit readers of the 31 Code to locate the text of these former Code sections. 32 Code section 257.15: Adds the words “Code 1989” after 33 each instance of the citation to former Code chapter 442 to 34 facilitate hypertext linkage programming and conform to other 35 -119- LSB 5365SC (32) 83 lh/rj 119/ 123

S.F. _____ instances of that citation within this Code section. 1 Code section 262A.2: Updates the listing of items within 2 this definition of “institutional income” to eliminate 3 hierarchical numbering that does not conform to existing Code 4 hierarchy. 5 Code section 282.1: Splits a run-on sentence into two 6 sentences, substitutes the words “school district” for “boards” 7 in the second sentence, and corrects an incorrect subsection 8 reference to the provision that relates to the charging of 9 tuition to sending school districts for students from grades 10 discontinued by the sending district. 11 Code section 298.18, subsection 1, paragraph “d”: Adds 12 the word “dollars” after the words “cents per thousand” to 13 conform with other similar instances of language describing the 14 property taxes imposed under this Code section. 15 Code section 299.1: Adds the words “school district” in a 16 reference to the governing bodies of public school districts 17 which set attendance policies for the districts. 18 Code section 321.166: Corrects the grammar in this 19 provision describing the size of the registration plate numbers 20 on certain conveyances by substituting the plural form of 21 several nouns for the singular form of those same nouns. 22 Code section 422.34: Updates the spelling of the word 23 “cooperative” to match other uses within the chapter as well as 24 the spelling of the defined term within the federal Internal 25 Revenue Code. 26 Code section 424.16: Corrects the grammar in this provision 27 by substituting the word “nor” for the word “or” in the phrase 28 “Neither mailed notice or notice by publication”. 29 Code section 433.7: Substitutes the word “by” for the 30 word “of” in the phrase “of the director” that appears in the 31 sentence beginning “At the time of determination of value of 32 the director...” 33 Code section 466B.3: Corrects references to the executive 34 heads of the homeland security and emergency management 35 -120- LSB 5365SC (32) 83 lh/rj 120/ 123

S.F. _____ division of the department of public defense and of the Iowa 1 finance authority. 2 Code section 483A.24, subsection 2, paragraph “f”: Numbers 3 certain paragraphs, within this lettered paragraph relating 4 to attestations in deer and wild turkey hunting license 5 applications, to anchor those paragraphs. 6 Code section 489.1013: Adds the word “that” in language 7 relating to the contents of a statement that relates to 8 domestication of a limited liability company in a foreign 9 jurisdiction. 10 Code sections 518.14 and 518A.12: Strikes an extraneous 11 “a” before references to “home office real estate” in language 12 relating to permitted investments in home office real estate by 13 state and county mutual insurance associations. 14 Code section 533A.8: Adds the word “the” between the words 15 “do all of” and the word “following” in language expressing 16 requirements imposed on debt management program licensees. 17 Code sections 554.2310 and 554.12403: Redesignates 18 subsections within these two provisions to conform to current 19 established Code section hierarchy. In Code section 554.2310, 20 the nonconforming numerals are stricken. In Code section 21 554.12403, the subsection components are given paragraph 22 lettering. 23 Code section 602.8106, subsection 1, paragraph “d”: Strikes 24 the word “The” and substitutes the word “For” to conform the 25 style of this provision relating to collection by the clerk 26 of costs in scheduled violation cases to the style of other 27 paragraphs in this subsection. 28 Code section 723.4, subsection 6, paragraph “b”: Changes 29 the word “section” to “subsection” to correctly refer to the 30 scope of the definitions contained within this subsection 31 paragraph. The defined terms are used only in that subsection. 32 2009 Iowa Acts, chapter 9, section 6: Strikes a directive 33 to create a new division within Code chapter 68B that was not 34 needed for the codification of the changes made by the Act. 35 -121- LSB 5365SC (32) 83 lh/rj 121/ 123

S.F. _____ 2009 Iowa Acts, chapter 100, section 35: Corrects this 1 effective date provision to refer to the division of the Act to 2 which it applies. 3 2009 Iowa Acts, chapter 133, sections 228 and 247: Strikes 4 extraneous provisions that changed internal references, 5 because the renumbering upon which the reference changes were 6 originally based were not made. 7 2009 Iowa Acts, chapter 170, section 3: Repeals, effective 8 July 1, 2009, pursuant to Division V of this bill, the addition 9 of a new subsection 9A to Code section 15G.111, which was 10 limited in effect from July 1, 2008, to June 30, 2009. Code 11 section 15G.111 was entirely rewritten effective July 1, 2009, 12 in 2009 Iowa Acts, chapter 123. 13 2009 Iowa Acts, chapter 175, section 25: Corrects an 14 incorrect subsection reference to amendments made by this same 15 Act to Code section 455B.172. 16 2009 Iowa Acts, chapter 179, section 30: Corrects an 17 incorrect paragraph designation in the text of an amendment to 18 subsection 2, paragraph “a”, of Code section 12.90C. 19 2009 Iowa Acts, chapter 179, sections 201 and 202: Corrects 20 these implementation and applicability provisions to refer to 21 the division of the Act to which they apply. 22 DIVISION II. The Code sections in this division are amended 23 by numbering and renumbering the provisions within volume III 24 of the Code, and by changing textual references as necessary. 25 The purposes of the numbering and renumbering are to conform 26 certain provisions to existing Code section hierarchy, to 27 eliminate “unanchored” unnumbered paragraphs within the Code 28 sections, to facilitate Code section readability, and to 29 facilitate citation to those Code sections. 30 DIVISION III. This division contain corrections to internal 31 references to Code sections which are numbered or renumbered in 32 division II of this bill. 33 DIVISION IV. This division contains Code editor directives 34 to do the following: 35 -122- LSB 5365SC (32) 83 lh/rj 122/ 123

S.F. _____ 1. Number and renumber provisions to eliminate “unanchored” 1 unnumbered paragraphs in provisions that do not require any 2 additional textual reference corrections. 3 2. Change federal references to a standardized format to 4 facilitate hypertext linkage of Code title, subtitle, chapter, 5 subchapter, and part references and to facilitate future 6 identification of those federal references for future hypertext 7 linkage. 8 DIVISION V. This division contains the effective dates 9 applicable to various provisions in division I of this bill. 10 -123- LSB 5365SC (32) 83 lh/rj 123/ 123