House
File
566
-
Introduced
HOUSE
FILE
566
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
HSB
174)
A
BILL
FOR
An
Act
relating
to
nonsubstantive
Code
corrections
and
1
including
effective
date
and
retroactive
applicability
2
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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566
DIVISION
I
1
NONSUBSTANTIVE
CHANGES
2
Section
1.
Section
8.57,
subsection
6,
paragraph
e,
3
subparagraph
(1),
subparagraph
division
(d),
subparagraph
4
subdivision
(i),
Code
2011,
is
amended
to
read
as
follows:
5
(i)
The
total
moneys
in
excess
of
the
moneys
deposited
6
in
the
revenue
bonds
debt
service
fund,
the
revenue
bonds
7
federal
holdback
subsidy
holdback
fund,
the
vision
Iowa
fund,
8
the
school
infrastructure
fund,
and
the
general
fund
of
the
9
state
in
a
fiscal
year
shall
be
deposited
in
the
rebuild
Iowa
10
infrastructure
fund
and
shall
be
used
as
provided
in
this
11
section
,
notwithstanding
section
8.60
.
12
Sec.
2.
Section
8A.311,
subsection
14,
paragraph
b,
Code
13
2011,
is
amended
to
read
as
follows:
14
b.
The
procurement
by
state
agencies
of
bio-based
biobased
15
hydraulic
fluids,
greases,
and
other
industrial
lubricants
16
manufactured
from
soybeans
in
accordance
with
the
requirements
17
of
section
8A.316
.
18
Sec.
3.
Section
8A.316,
subsection
4,
paragraph
a,
Code
19
2011,
is
amended
to
read
as
follows:
20
a.
Provide
that
when
purchasing
hydraulic
fluids,
greases,
21
and
other
industrial
lubricants,
the
department
or
a
state
22
agency
authorized
by
the
department
to
directly
purchase
23
hydraulic
fluids,
greases,
and
other
industrial
lubricants
24
shall
give
preference
to
purchasing
bio-based
biobased
25
hydraulic
fluids,
greases,
and
other
industrial
lubricants
26
manufactured
from
soybeans.
27
Sec.
4.
Section
8A.316,
subsection
4,
paragraph
c,
28
subparagraph
(1),
Code
2011,
is
amended
to
read
as
follows:
29
(1)
“Bio-based
“Biobased
hydraulic
fluids,
greases,
and
30
other
industrial
lubricants”
means
the
same
as
defined
by
the
31
United
States
department
of
agriculture,
if
the
department
has
32
adopted
such
a
definition.
If
the
United
States
department
of
33
agriculture
has
not
adopted
a
definition,
“bio-based
“biobased
34
hydraulic
fluids,
greases,
and
other
industrial
lubricants”
means
35
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hydraulic
fluids,
greases,
and
other
lubricants
containing
a
1
minimum
of
fifty-one
percent
soybean
oil.
2
Sec.
5.
Section
8D.3,
subsection
2,
Code
2011,
is
amended
3
to
read
as
follows:
4
2.
Members.
5
a.
The
commission
is
composed
of
five
members
appointed
6
by
the
governor
and
subject
to
confirmation
by
the
senate.
7
Members
of
the
commission
shall
not
serve
in
any
manner
or
be
8
employed
by
an
authorized
user
of
the
network
or
by
an
entity
9
seeking
to
do
or
doing
business
with
the
network.
10
a.
(1)
The
governor
shall
appoint
a
member
as
the
11
chairperson
of
the
commission
from
the
five
members
appointed
12
by
the
governor,
subject
to
confirmation
by
the
senate.
13
b.
(2)
Members
of
the
commission
shall
serve
six-year
14
staggered
terms
as
designated
by
the
governor
and
appointments
15
to
the
commission
are
subject
to
the
requirements
of
sections
16
69.16
,
69.16A
,
and
69.19
.
Vacancies
shall
be
filled
by
the
17
governor
for
the
duration
of
the
unexpired
term.
18
c.
(3)
The
salary
of
the
members
of
the
commission
shall
19
be
twelve
thousand
dollars
per
year,
except
that
the
salary
of
20
the
chairperson
shall
be
seventeen
thousand
dollars
per
year.
21
Members
of
the
commission
shall
also
be
reimbursed
for
all
22
actual
and
necessary
expenses
incurred
in
the
performance
of
23
duties
as
members.
The
benefits
and
salary
paid
to
the
members
24
of
the
commission
shall
be
adjusted
annually
equal
to
the
25
average
of
the
annual
pay
adjustments,
expense
reimbursements,
26
and
related
benefits
provided
under
collective
bargaining
27
agreements
negotiated
pursuant
to
chapter
20
.
28
d.
Meetings
of
the
commission
shall
be
held
at
the
call
of
29
the
chairperson
of
the
commission.
30
b.
In
addition
to
the
members
appointed
by
the
governor,
31
the
auditor
of
state
or
the
auditor’s
designee
shall
serve
as
a
32
nonvoting,
ex
officio
member
of
the
commission.
33
c.
Meetings
of
the
commission
shall
be
held
at
the
call
of
34
the
chairperson
of
the
commission.
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Sec.
6.
Section
12.87,
subsection
1,
Code
2011,
is
amended
1
to
read
as
follows:
2
1.
a.
The
treasurer
of
state
is
authorized
to
issue
and
3
sell
bonds
on
behalf
of
the
state
to
provide
funds
for
certain
4
infrastructure
projects
and
for
purposes
of
the
Iowa
jobs
5
program
established
in
section
16.194
.
The
treasurer
of
state
6
shall
have
all
of
the
powers
which
are
necessary
or
convenient
7
to
issue,
sell
,
and
secure
bonds
and
carry
out
the
treasurer
of
8
state’s
duties,
and
exercise
the
treasurer
of
state’s
authority
9
under
this
section
and
sections
12.88
through
12.90
.
The
10
treasurer
of
state
may
issue
and
sell
bonds
in
such
amounts
as
11
the
treasurer
of
state
determines
to
be
necessary
to
provide
12
sufficient
funds
for
certain
infrastructure
projects
and
the
13
revenue
bonds
capitals
fund,
the
revenue
bonds
capitals
II
14
fund,
the
payment
of
interest
on
the
bonds,
the
establishment
15
of
reserves
to
secure
the
bonds,
the
payment
of
costs
of
16
issuance
of
the
bonds,
the
payment
of
other
expenditures
of
17
the
treasurer
of
state
incident
to
and
necessary
or
convenient
18
to
carry
out
the
issuance
and
sale
of
the
bonds,
and
the
19
payment
of
all
other
expenditures
of
the
treasurer
of
state
20
necessary
or
convenient
to
administer
the
funds
and
to
carry
21
out
the
purposes
for
which
the
bonds
are
issued
and
sold.
22
The
treasurer
of
state
may
issue
and
sell
bonds
in
one
or
23
more
series
on
the
terms
and
conditions
the
treasurer
of
24
state
determines
to
be
in
the
best
interest
of
the
state,
in
25
accordance
with
this
section
in
such
amounts
as
the
treasurer
26
of
state
determines
to
be
necessary
to
fund
the
purposes
for
27
which
such
bonds
are
issued
and
sold
as
follows:
28
a.
b.
The
treasurer
of
state
may
issue
and
sell
bonds
in
29
amounts
which
provide
aggregate
net
proceeds
of
not
more
than
30
six
hundred
ninety-five
million
dollars,
excluding
any
bonds
31
issued
and
sold
to
refund
outstanding
bonds
issued
under
this
32
section
,
as
follows:
33
(1)
On
or
after
July
1,
2009,
the
treasurer
of
state
may
34
issue
and
sell
bonds
in
amounts
which
provide
aggregate
net
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proceeds
of
not
more
than
one
hundred
eighty-five
million
1
dollars
for
capital
projects
which
qualify
as
vertical
2
infrastructure
projects
as
defined
in
section
8.57,
subsection
3
6
,
paragraph
“c”
,
to
the
extent
practicable
in
any
fiscal
year
4
and
without
limiting
other
qualifying
capital
expenditures.
5
(2)
On
or
after
July
1,
2009,
the
treasurer
of
state
6
may
issue
and
sell
bonds
in
amounts
which
provide
aggregate
7
net
proceeds
of
not
more
than
three
hundred
sixty
million
8
dollars
for
purposes
of
the
Iowa
jobs
program
established
9
in
section
16.194
and
for
watershed
flood
rebuilding
and
10
prevention
projects,
soil
conservation
projects,
sewer
11
infrastructure
projects,
for
certain
housing
and
public
service
12
shelter
projects
and
public
broadband
and
alternative
energy
13
projects,
and
for
projects
relating
to
bridge
safety
and
the
14
rehabilitation
of
deficient
bridges.
15
(3)
On
or
after
April
1,
2010,
the
treasurer
of
state
may
16
issue
and
sell
bonds
in
amounts
which
provide
aggregate
net
17
proceeds
of
not
more
than
one
hundred
fifty
million
dollars
18
for
purposes
of
the
Iowa
jobs
II
program
established
in
19
section
16.194A
and
for
qualified
projects
in
the
departments
20
of
agriculture
and
land
stewardship,
economic
development,
21
education,
natural
resources,
and
transportation,
and
the
Iowa
22
finance
authority,
state
board
of
regents,
and
treasurer
of
23
state.
24
Sec.
7.
Section
12.89A,
subsection
5,
Code
2011,
is
amended
25
to
read
as
follows:
26
5.
At
any
time
during
each
fiscal
year
that
there
are
moneys
27
on
deposit
in
the
revenue
bonds
federal
subsidy
holdback
fund
28
that
are
not
needed
to
pay
principal
and
interest
on
federal
29
subsidy
bonds
during
such
fiscal
year
as
determined
by
the
30
treasurer
of
state
or
the
treasurer’s
designee,
such
moneys
on
31
deposit
in
the
revenue
bonds
federal
subsidy
holdback
account
32
fund
shall
be
credited
to
the
rebuild
Iowa
infrastructure
fund
33
of
the
state.
34
Sec.
8.
Section
29C.20B,
subsection
2,
paragraph
f,
Code
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566
2011,
is
amended
to
read
as
follows:
1
f.
Develop
Development
of
formal
working
relationships
with
2
agencies
and
create
creation
of
interagency
agreements
for
3
those
considered
to
provide
disaster
case
management
services.
4
Sec.
9.
Section
34A.15,
subsection
1,
paragraph
f,
Code
5
2011,
is
amended
to
read
as
follows:
6
f.
One
person
appointed
by
the
Iowa
firemen’s
firefighters
7
association.
8
Sec.
10.
Section
88.19,
Code
2011,
is
amended
to
read
as
9
follows:
10
88.19
Annual
report.
11
Within
one
hundred
twenty
days
following
the
convening
12
of
each
session
of
each
general
assembly,
the
commissioner
13
shall
prepare
and
submit
to
the
governor
for
transmittal
to
14
the
general
assembly
a
report
upon
the
subject
matter
of
15
this
chapter
,
the
progress
toward
achievement
of
the
purpose
16
of
this
chapter
,
the
needs
and
requirements
in
the
field
17
of
occupational
safety
and
health,
and
any
other
relevant
18
information.
Such
reports
may
include
information
regarding
19
occupational
safety
and
health
standards,
and
criteria
for
such
20
standards,
developed
during
the
preceding
year;
evaluation
of
21
standards
and
criteria
previously
developed
under
this
chapter
,
22
defining
areas
of
emphasis
for
new
criteria
and
standards;
23
and
evaluation
of
the
degree
of
observance
of
applicable
24
occupational
safety
and
health
standards,
and
a
summary
of
25
inspection
and
enforcement
activity
undertaken;
analysis
and
26
evaluation
of
research
activities
for
which
results
have
been
27
obtained
under
governmental
and
nongovernmental
sponsorship;
28
an
analysis
of
major
occupational
diseases;
evaluation
of
29
available
control
and
measurement
technology
for
hazards
for
30
which
standards
or
criteria
have
been
developed
during
the
31
preceding
year;
a
description
of
cooperative
efforts
undertaken
32
between
government
agencies
and
other
interested
parties
in
33
the
implementation
of
this
chapter
during
the
preceding
year;
34
a
progress
report
on
the
development
of
an
adequate
supply
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of
trained
personnel
in
the
field
of
occupational
safety
and
1
health,
including
estimates
of
future
needs
and
the
efforts
2
being
made
by
government
and
others
to
meet
those
needs;
a
3
listing
of
all
toxic
substances
in
industrial
usage
for
which
4
labeling
requirements,
criteria,
or
standards
have
not
yet
5
been
established;
and
such
recommendations
for
additional
6
legislation
as
are
deemed
necessary
to
protect
the
safety
and
7
health
of
the
worker
and
improve
the
administration
of
this
8
chapter
.
9
Sec.
11.
Section
89.6,
subsection
2,
Code
2011,
is
amended
10
to
read
as
follows:
11
2.
Before
any
power
boiler
is
converted
to
a
low
pressure
12
boiler,
the
owner
or
user
shall
give
to
the
commissioner
ten
13
days’
written
notice
of
intent
to
convert
the
boiler
to
the
14
commissioner
.
The
notice
shall
designate
the
boiler
location,
15
the
uses
of
the
building,
and
other
information
specified
by
16
rule
by
the
board.
17
Sec.
12.
Section
97C.2,
subsections
3
and
6,
Code
2011,
are
18
amended
to
read
as
follows:
19
3.
The
term
“employment”
means
any
service
performed
by
20
an
employee
in
the
employ
of
the
state,
or
any
political
21
subdivision
thereof,
for
such
employer,
except
(1)
service
22
which
in
the
absence
of
an
agreement
entered
into
under
this
23
chapter
would
constitute
“employment”
as
defined
in
the
Social
24
Security
Act;
or
(2)
service
which
under
the
Social
Security
25
Act
may
not
be
included
in
an
agreement
between
the
state
and
26
the
federal
security
administrator
entered
into
under
this
27
chapter
.
28
6.
The
term
“political
subdivision”
includes
an
29
instrumentality
(a)
of
the
state
of
Iowa,
(b)
of
one
or
more
of
30
its
political
subdivisions
,
or
(c)
of
the
state
and
one
or
more
31
of
its
political
subdivisions,
but
only
if
such
instrumentality
32
is
a
juristic
entity
which
is
legally
separate
and
distinct
33
from
the
state
or
subdivision
and
only
if
its
employees
are
not
34
by
virtue
of
their
relation
to
such
juristic
entity
employees
35
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566
of
the
state
or
subdivisions.
1
Sec.
13.
Section
97C.4,
Code
2011,
is
amended
to
read
as
2
follows:
3
97C.4
Other
states
——
joint
agreements.
4
Any
instrumentality
jointly
created
by
this
state
and
5
any
other
state
or
states
is
hereby
authorized,
upon
the
6
granting
of
like
authority
by
such
other
state
or
states,
7
(1)
to
enter
into
an
agreement
with
the
federal
security
8
administrator
whereby
the
benefits
of
the
federal
old-age
and
9
survivors’
insurance
system
shall
be
extended
to
employees
10
of
such
instrumentality,
(2)
to
require
its
employees
to
pay
11
(and
,
and
for
that
purpose
to
deduct
from
their
wages)
wages,
12
contributions
equal
to
the
amounts
which
they
would
be
required
13
to
pay
under
section
97C.5
if
they
were
covered
by
an
agreement
14
made
pursuant
to
section
97C.3
,
and
(3)
to
make
payments
to
the
15
secretary
of
the
treasury
in
accordance
with
such
agreement,
16
including
payments
from
its
own
funds,
and
otherwise
to
comply
17
with
such
agreements.
Such
agreement
shall,
to
the
extent
18
practicable,
be
consistent
with
the
terms
and
provisions
of
19
section
97C.3
and
other
provisions
of
this
chapter
.
20
Sec.
14.
Section
100B.1,
subsection
1,
paragraph
a,
21
subparagraph
(1),
subparagraph
division
(a),
Code
2011,
is
22
amended
to
read
as
follows:
23
(a)
Two
members
from
a
list
submitted
by
the
Iowa
firemen’s
24
firefighters
association.
25
Sec.
15.
Section
101C.3,
subsection
3,
paragraph
b,
Code
26
2011,
is
amended
to
read
as
follows:
27
b.
A
volunteer
fire
fighter
designated
by
the
Iowa
firemen’s
28
firefighters
association.
29
Sec.
16.
Section
135.159,
subsection
3,
paragraph
i,
Code
30
2011,
is
amended
to
read
as
follows:
31
i.
For
children,
coordinate
with
and
integrate
guidelines,
32
data,
and
information
from
existing
newborn
and
child
health
33
programs
and
entities,
including
but
not
limited
to
the
healthy
34
opportunities
for
parents
to
experience
success
–
healthy
35
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families
Iowa
program,
the
early
childhood
Iowa
initiative,
1
the
center
for
congenital
and
inherited
disorders
screening
2
and
health
care
programs,
standards
of
care
for
pediatric
3
health
guidelines,
the
office
of
minority
and
multicultural
4
health
established
in
section
135.12
,
the
oral
health
bureau
5
established
in
section
135.15
,
and
other
similar
programs
and
6
services.
7
Sec.
17.
Section
136.1,
Code
2011,
is
amended
to
read
as
8
follows:
9
136.1
Composition
of
board.
10
1.
The
state
board
of
health
shall
consist
of
the
following
11
members:
12
a.
Two
members
learned
in
health-related
disciplines
,
three
.
13
b.
Three
members
who
have
direct
experience
with
public
14
health
,
two
.
15
c.
Two
members
who
have
direct
experience
with
substance
16
abuse
treatment
or
prevention
,
and
four
.
17
d.
Four
members
representing
the
general
public.
18
2.
At
least
one
of
such
members
shall
be
licensed
in
the
19
practice
of
medicine
and
surgery
or
osteopathic
medicine
and
20
surgery
under
chapter
148
.
21
Sec.
18.
Section
147A.2,
subsection
1,
Code
2011,
is
amended
22
to
read
as
follows:
23
1.
An
EMS
advisory
council
shall
be
appointed
by
the
24
director.
Membership
of
the
council
shall
be
comprised
of
25
individuals
nominated
from,
but
not
limited
to,
the
following
26
state
or
national
organizations:
Iowa
osteopathic
medical
27
association,
Iowa
medical
society,
American
college
of
28
emergency
physicians,
Iowa
physician
assistant
society,
Iowa
29
academy
of
family
physicians,
university
of
Iowa
hospitals
30
and
clinics,
American
academy
of
emergency
medicine,
American
31
academy
of
pediatrics,
Iowa
EMS
association,
Iowa
firemen’s
32
firefighters
association,
Iowa
professional
firefighters,
33
EMS
education
programs
committee,
Iowa
nurses
association,
34
Iowa
hospital
association,
and
the
Iowa
state
association
of
35
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counties.
The
council
shall
also
include
at
least
two
at-large
1
members
who
are
volunteer
emergency
medical
care
providers
and
2
a
representative
of
a
private
service
program.
3
Sec.
19.
Section
159A.3,
subsection
2,
paragraph
h,
Code
4
2011,
is
amended
to
read
as
follows:
5
h.
Approve
Approving
a
renewable
fuel
which
may
be
used
as
a
6
flexible
fuel
powering
a
motor
vehicle
required
to
be
purchased
7
by
state
agencies.
8
Sec.
20.
Section
252B.20,
subsection
13,
Code
2011,
is
9
amended
to
read
as
follows:
10
13.
For
the
purposes
of
chapter
252H
,
subchapter
II,
11
regarding
the
criteria
for
a
review
under
subchapter
II
of
12
that
chapter
or
for
a
cost-of-living
alteration
under
chapter
13
252H,
subchapter
IV
of
that
chapter
,
if
a
support
obligation
is
14
terminated
or
reinstated
under
this
section
,
such
termination
15
or
reinstatement
shall
not
be
considered
a
modification
of
the
16
support
order.
17
Sec.
21.
Section
260C.19B,
Code
2011,
is
amended
to
read
as
18
follows:
19
260C.19B
Purchase
of
bio-based
biobased
hydraulic
fluids,
20
greases,
and
other
industrial
lubricants.
21
Hydraulic
fluids,
greases,
and
other
industrial
lubricants
22
purchased
by
or
used
under
the
direction
of
the
board
of
23
directors
to
provide
services
to
a
merged
area
shall
be
24
purchased
in
compliance
with
the
preference
requirements
for
25
purchasing
bio-based
biobased
hydraulic
fluids,
greases,
and
26
other
industrial
lubricants
as
provided
pursuant
to
section
27
8A.316
.
28
Sec.
22.
Section
262.25B,
Code
2011,
is
amended
to
read
as
29
follows:
30
262.25B
Purchase
of
bio-based
biobased
hydraulic
fluids,
31
greases,
and
other
industrial
lubricants.
32
The
state
board
of
regents
and
institutions
under
the
33
control
of
the
board
purchasing
hydraulic
fluids,
greases,
and
34
other
industrial
lubricants
shall
give
preference
to
purchasing
35
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bio-based
biobased
hydraulic
fluids,
greases,
and
other
1
industrial
lubricants
as
provided
in
section
8A.316
.
2
Sec.
23.
Section
282.6,
subsection
2,
Code
2011,
is
amended
3
to
read
as
follows:
4
2.
Every
school
shall
be
free
of
tuition
to
all
actual
5
residents
between
the
ages
of
five
and
twenty-one
years
and
to
6
resident
veterans
as
defined
in
section
35.1
,
as
many
months
7
after
becoming
twenty-one
years
of
age
as
they
have
spent
8
in
the
armed
forces
of
the
United
States
before
they
became
9
twenty-one,
provided,
however,
fees
may
be
charged
covering
10
instructional
costs
for
a
summer
school
or
drivers
driver
11
education
program.
The
board
of
education
may,
in
a
hardship
12
case,
exempt
a
student
from
payment
of
the
above
fees.
Every
13
person,
however,
who
shall
attend
any
school
after
graduation
14
from
a
four-year
course
in
an
approved
high
school
or
its
15
equivalent
shall
be
charged
a
sufficient
tuition
fee
to
cover
16
the
cost
of
the
instruction
received
by
the
person.
17
Sec.
24.
Section
285.5,
subsection
1,
paragraph
a,
Code
18
2011,
is
amended
to
read
as
follows:
19
a.
Contracts
for
school
bus
service
with
private
parties
20
shall
be
in
writing
and
be
for
the
transportation
of
children
21
who
attend
public
school
and
children
who
attend
nonpublic
22
school.
Such
contracts
shall
define
the
route,
the
length
of
23
time,
service
contracted
for,
the
compensation,
and
the
vehicle
24
to
be
used.
The
contract
shall
prescribe
the
duties
of
the
25
contractor
and
driver
of
the
vehicles
and
shall
provide
that
26
every
person
in
charge
of
a
vehicle
conveying
children
to
and
27
from
school
shall
be
at
all
times
subject
to
any
rules
said
28
board
shall
adopt
for
the
protection
of
the
children,
or
to
29
govern
the
conduct
of
the
persons
in
charge
of
said
conveyance.
30
Contracts
may
be
made
for
a
period
not
to
exceed
three
years.
31
Sec.
25.
Section
306B.1,
subsections
3
and
4,
Code
2011,
are
32
amended
to
read
as
follows:
33
3.
“Interstate
system”
means
the
system
of
highways
as
34
defined
described
in
Tit.
23
U.S.C.
103,
subsection
“e”
§
103(c)
35
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or
amendments
thereto.
1
4.
“National
policy”
means
the
provisions
relating
to
2
control
of
advertising
devices
adjacent
to
the
interstate
3
system
contained
in
Tit.
23
U.S.C.
§
131
or
amendments
thereto
4
and
the
national
standards
promulgated
pursuant
to
such
5
provisions.
6
Sec.
26.
Section
306C.10,
subsection
9,
Code
2011,
is
7
amended
to
read
as
follows:
8
9.
“Information
center”
means
a
site,
either
with
or
without
9
structures
or
buildings,
established
and
maintained
at
a
rest
10
area
for
the
purpose
of
providing
“information
“specific
11
information
of
specific
interest
to
the
traveling
public”,
as
12
defined
in
subsection
18
.
13
Sec.
27.
Section
313.4,
subsection
2,
Code
2011,
is
amended
14
to
read
as
follows:
15
2.
Such
fund
is
also
appropriated
and
shall
be
used
for
the
16
construction,
reconstruction,
improvement
and
maintenance
of
17
state
institutional
roads
and
state
park
roads
and
bridges
on
18
such
roads
and
roads
and
bridges
on
community
college
property
19
as
provided
in
subsection
11
of
section
307A.2
,
subsection
11,
20
for
restoration
of
secondary
roads
used
as
primary
road
detours
21
and
for
compensation
of
counties
for
such
use,
for
restoration
22
of
municipal
streets
so
used
and
for
compensation
of
cities
for
23
such
use,
and
for
the
payments
required
in
section
307.45
.
24
Sec.
28.
Section
321.178,
subsection
2,
paragraph
a,
25
subparagraph
(1),
Code
2011,
is
amended
to
read
as
follows:
26
(1)
A
person
between
sixteen
and
eighteen
years
of
age
who
27
has
completed
an
approved
driver’s
driver
education
course
and
28
is
not
in
attendance
at
school
and
has
not
met
the
requirements
29
described
in
section
299.2,
subsection
1
,
may
be
issued
a
30
restricted
license
only
for
travel
to
and
from
work
or
to
31
transport
dependents
to
and
from
temporary
care
facilities,
32
if
necessary
for
the
person
to
maintain
the
person’s
present
33
employment.
The
restricted
license
shall
be
issued
by
the
34
department
only
upon
confirmation
of
the
person’s
employment
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and
need
for
a
restricted
license
to
travel
to
and
from
work
or
1
to
transport
dependents
to
and
from
temporary
care
facilities
2
if
necessary
to
maintain
the
person’s
employment.
The
employer
3
shall
notify
the
department
if
the
employment
of
the
person
is
4
terminated
before
the
person
attains
the
age
of
eighteen.
5
Sec.
29.
Section
321.178,
subsection
3,
paragraph
b,
6
subparagraph
(4),
Code
2011,
is
amended
to
read
as
follows:
7
(4)
The
minor
must
pass
the
written
and
driving
skills
tests
8
as
required
by
the
department,
but
is
not
required
to
have
9
taken
a
driver’s
driver
education
class.
10
Sec.
30.
Section
321.188,
subsection
1,
paragraphs
a
and
c,
11
Code
2011,
are
amended
to
read
as
follows:
12
a.
Certify
whether
the
applicant
is
subject
to
and
meets
13
applicable
driver
qualifications
of
49
C.F.R.
part
pt.
391
as
14
adopted
by
rule
by
the
department.
15
c.
Successfully
pass
knowledge
tests
and
driving
skills
16
tests
which
the
department
shall
require
by
rule.
The
rules
17
adopted
shall
substantially
comply
with
the
federal
minimum
18
testing
and
licensing
requirements
in
49
C.F.R.
part
pt.
19
383,
subparts
subpt.
E,
G,
and
H
as
adopted
by
rule
by
the
20
department.
Except
as
required
under
49
C.F.R.
part
pt.
383,
21
subpart
subpt.
E,
G,
or
H,
a
commercial
driver’s
license
is
22
renewable
without
a
driving
skills
test
within
one
year
after
23
its
expiration
date.
24
Sec.
31.
Section
321J.2,
subsection
5,
paragraph
d,
Code
25
2011,
is
amended
to
read
as
follows:
26
d.
Assignment
to
substance
abuse
evaluation
and
treatment,
a
27
course
for
drinking
drivers,
and,
if
available
and
appropriate,
28
a
reality
education
substance
abuse
prevention
program
pursuant
29
to
section
321J.24
.
30
Sec.
32.
Section
323A.2,
subsection
1,
paragraph
b,
Code
31
2011,
is
amended
to
read
as
follows:
32
b.
The
franchisee
has
requested
and
has
been
denied
delivery
33
of
motor
fuel
sold
or
distributed
under
the
trademark
named
in
34
the
franchise
from
a
person
other
than
the
franchisor.
35
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Sec.
33.
Section
336.16,
subsection
3,
Code
2011,
is
amended
1
to
read
as
follows:
2
3.
A
city
or
county
election
shall
not
be
called
until
a
3
hearing
has
been
held
on
the
proposal
to
submit
a
proposition
4
of
withdrawal
to
an
election.
A
hearing
may
be
held
only
after
5
public
notice
is
published
as
provided
in
section
362.3
in
the
6
case
of
a
city
or
section
331.305
in
the
case
of
a
county.
A
7
copy
of
the
notice
submitted
for
publication
shall
be
mailed
8
to
the
public
library
on
or
before
the
date
of
publication.
9
The
proposal
presented
at
the
hearing
must
include
a
plan
10
for
continuing
adequate
library
service
with
or
without
all
11
participants
and
the
respective
allocated
costs
and
levels
of
12
service
shall
be
stated.
At
the
hearing,
any
interested
person
13
shall
be
given
a
reasonable
time
to
be
heard,
either
for
or
14
against
the
withdrawal
or
the
plan
to
accompany
it.
15
Sec.
34.
Section
360.1,
Code
2011,
is
amended
to
read
as
16
follows:
17
360.1
Election.
18
1.
The
trustees,
on
a
petition
of
a
majority
of
the
19
resident
freeholders
of
any
civil
township,
shall
request
the
20
county
commissioner
of
elections
to
submit
the
question
of
21
building
or
acquiring
by
purchase,
or
acquiring
by
a
lease
with
22
purchase
option,
a
public
hall
to
the
electors
thereof.
The
23
county
commissioner
shall
conduct
the
election
pursuant
to
the
24
applicable
provisions
of
chapters
39
to
53
and
certify
the
25
result
to
the
trustees.
26
2.
The
form
of
the
proposition
shall
be:
“
Shall
the
27
proposition
to
levy
a
tax
of
...
cents
per
thousand
dollars
of
28
assessed
value
for
the
erection
of
a
public
hall
be
adopted?
”
29
3.
Notice
of
the
election
shall
be
given
as
provided
by
30
chapter
49
.
31
Sec.
35.
Section
364.4,
subsection
4,
paragraph
e,
32
subparagraph
(2),
subparagraph
division
(b),
Code
2011,
is
33
amended
to
read
as
follows:
34
(b)
(i)
If
at
any
time
before
the
end
of
the
thirty-day
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566
period
after
which
a
meeting
may
be
held
to
take
action
to
1
enter
into
the
lease
or
lease-purchase
contract,
a
petition
2
is
filed
with
the
clerk
of
the
city
in
the
manner
provided
3
by
section
362.4
,
asking
that
the
question
of
entering
into
4
the
lease
or
lease-purchase
contract
be
submitted
to
the
5
registered
voters
of
the
city,
the
governing
body
shall
either
6
by
resolution
declare
the
proposal
to
enter
into
the
lease
or
7
lease-purchase
contract
to
have
been
abandoned
or
shall
direct
8
the
county
commissioner
of
elections
to
call
a
special
election
9
upon
the
question
of
entering
into
the
lease
or
lease-purchase
10
contract.
However,
for
purposes
of
this
subparagraph,
the
11
petition
shall
not
require
signatures
in
excess
of
one
thousand
12
persons.
13
(ii)
The
question
to
be
placed
on
the
ballot
shall
be
stated
14
affirmatively
in
substantially
the
following
manner:
Shall
the
15
city
of
........
enter
into
a
lease
or
lease-purchase
contract
16
in
amount
of
$
....
for
the
purpose
of
......
?
17
(iii)
Notice
of
the
election
and
its
conduct
shall
be
in
the
18
manner
provided
in
section
384.26,
subsections
2
through
4
.
19
Sec.
36.
Section
400.2,
subsection
2,
paragraph
a,
Code
20
2011,
is
amended
to
read
as
follows:
21
a.
Sell
to
,
or
in
any
manner
become
parties,
directly
or
22
indirectly,
to
any
contract
to
furnish
supplies,
material,
or
23
labor
to
the
city
unless
the
sale
is
made
or
the
contract
is
24
awarded
by
competitive
bid
in
writing,
publicly
invited
and
25
opened.
26
Sec.
37.
Section
403.19A,
subsection
3,
paragraph
c,
27
subparagraph
(1),
Code
2011,
is
amended
to
read
as
follows:
28
(1)
The
pilot
project
city
shall
enter
into
a
withholding
29
agreement
with
each
employer
concerning
the
targeted
jobs
30
withholding
credit.
The
withholding
agreement
shall
provide
31
for
the
total
amount
of
withholding
tax
credits
awarded.
An
32
agreement
shall
not
provide
for
an
amount
of
withholding
33
credits
that
exceeds
the
amount
of
the
qualifying
investment
34
made
in
the
project.
An
agreement
shall
not
be
entered
into
35
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by
a
pilot
project
city
with
a
business
currently
located
in
1
this
state
unless
the
business
either
creates
ten
new
jobs
or
2
makes
a
qualifying
investment
of
at
least
five
hundred
thousand
3
dollars
within
the
urban
renewal
area.
The
withholding
4
agreement
may
have
a
term
of
up
to
ten
years.
An
employer
5
shall
not
be
obligated
to
enter
into
a
withholding
agreement.
6
An
agreement
shall
not
be
entered
into
with
an
employer
not
7
already
located
in
a
pilot
project
city
when
another
Iowa
8
community
is
competing
for
the
same
project
and
both
the
9
pilot
project
city
and
the
other
Iowa
community
are
seeking
10
assistance
from
the
department.
11
Sec.
38.
Section
403.19A,
subsection
3,
paragraph
f,
Code
12
2011,
is
amended
to
read
as
follows:
13
f.
If
the
employer
ceases
to
meet
the
requirements
of
the
14
withholding
agreement,
the
agreement
shall
be
terminated
and
15
any
withholding
tax
credits
for
the
benefit
of
the
employer
16
shall
cease.
However,
in
regard
to
the
number
of
new
jobs
that
17
are
to
be
created,
if
the
employer
has
met
the
number
of
new
18
jobs
to
be
created
pursuant
to
the
withholding
agreement
and
19
subsequently
the
number
of
new
jobs
falls
below
the
required
20
level,
the
employer
shall
not
be
considered
as
not
meeting
the
21
new
job
requirement
until
eighteen
months
after
the
date
of
the
22
decrease
in
the
number
of
new
jobs
created.
23
Sec.
39.
Section
403A.21,
Code
2011,
is
amended
to
read
as
24
follows:
25
403A.21
Cooperation
in
undertaking
housing
projects.
26
1.
For
the
purpose
of
aiding
and
cooperating
in
the
27
planning,
undertaking,
construction
or
operation
of
housing
28
projects
located
within
the
area
in
which
it
is
authorized
to
29
act,
any
state
public
body
may
upon
such
terms,
with
or
without
30
consideration,
as
it
may
determine:
31
1.
a.
Dedicate,
sell,
convey
or
lease
any
of
its
interest
32
in
any
property
or
grant
easements,
licenses
or
any
other
33
rights
or
privileges
therein
to
any
municipality,
or
to
the
34
federal
government.
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2.
b.
Cause
parks,
playgrounds,
recreational
community,
1
educational,
water,
sewer
or
drainage
facilities
or
any
other
2
works
which
it
is
otherwise
empowered
to
undertake,
to
be
3
furnished
adjacent
to
or
in
connection
with
housing
projects.
4
3.
c.
Furnish,
dedicate,
close,
pave,
install,
grade,
5
regrade,
plan
or
replan
streets,
roads,
roadways,
alleys,
6
sidewalks
or
other
places
which
it
is
otherwise
empowered
to
7
undertake.
8
4.
d.
Cause
services
to
be
furnished
for
housing
projects
9
of
the
character
which
such
state
public
body
is
otherwise
10
empowered
to
furnish.
11
5.
e.
Enter
into
agreements
with
respect
to
the
exercise
12
by
such
state
public
body
of
its
powers
relating
to
the
13
repair,
elimination
or
closing
of
unsafe,
insanitary
or
unfit
14
dwellings.
15
6.
f.
Do
any
and
all
things
necessary
or
convenient
to
aid
16
and
cooperate
in
the
planning,
undertaking,
construction
or
17
operation
of
such
housing
projects.
18
7.
g.
Incur
the
entire
expense
of
any
public
improvements
19
made
by
such
state
public
body
in
exercising
the
powers
granted
20
in
this
chapter
.
21
8.
h.
Enter
into
agreements
(which
,
which
may
extend
22
over
any
period,
notwithstanding
any
provision
or
rule
of
law
23
to
the
contrary)
contrary,
with
any
municipality
respecting
24
action
to
be
taken
by
such
state
public
body
pursuant
to
any
25
of
the
powers
granted
by
this
chapter
.
If
at
any
time
title
26
to,
or
possession
of,
any
project
is
held
by
any
public
body
27
or
governmental
agency
authorized
by
law
to
engage
in
the
28
development
or
administration
of
municipal
housing
or
slum
29
clearance
projects,
including
any
agency
or
instrumentality
of
30
the
United
States
of
America,
the
provisions
of
such
agreements
31
shall
inure
to
the
benefit
of
and
may
be
enforced
by
such
32
public
body
or
governmental
agency.
33
9.
2.
Any
law
or
statute
to
the
contrary
notwithstanding,
34
any
sale,
conveyance,
lease
or
agreement
provided
for
in
this
35
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section
may
be
made
by
a
state
public
body
without
appraisal,
1
public
notice,
advertisement
,
or
public
bidding.
2
Sec.
40.
Section
422.32,
Code
2011,
is
amended
to
read
as
3
follows:
4
422.32
Definitions.
5
1.
For
the
purpose
of
this
division
and
unless
otherwise
6
required
by
the
context:
7
1.
a.
The
term
“affiliated
“Affiliated
group”
means
a
group
8
of
corporations
as
defined
in
section
1504(a)
of
the
Internal
9
Revenue
Code.
10
2.
b.
“Business
income”
means
income
arising
from
11
transactions
and
activity
in
the
regular
course
of
the
12
taxpayer’s
trade
or
business;
or
income
from
tangible
and
13
intangible
property
if
the
acquisition,
management,
and
14
disposition
of
the
property
constitute
integral
parts
of
the
15
taxpayer’s
regular
trade
or
business
operations;
or
gain
or
16
loss
resulting
from
the
sale,
exchange,
or
other
disposition
of
17
real
property
or
of
tangible
or
intangible
personal
property,
18
if
the
property
while
owned
by
the
taxpayer
was
operationally
19
related
to
the
taxpayer’s
trade
or
business
carried
on
in
20
Iowa
or
operationally
related
to
sources
within
Iowa,
or
the
21
property
was
operationally
related
to
sources
outside
this
22
state
and
to
the
taxpayer’s
trade
or
business
carried
on
in
23
Iowa;
or
gain
or
loss
resulting
from
the
sale,
exchange,
or
24
other
disposition
of
stock
in
another
corporation
if
the
25
activities
of
the
other
corporation
were
operationally
related
26
to
the
taxpayer’s
trade
or
business
carried
on
in
Iowa
while
27
the
stock
was
owned
by
the
taxpayer.
A
taxpayer
may
have
more
28
than
one
regular
trade
or
business
in
determining
whether
29
income
is
business
income.
30
(1)
It
is
the
intent
of
the
general
assembly
to
treat
as
31
apportionable
business
income
all
income
that
may
be
treated
32
as
apportionable
business
income
under
the
Constitution
of
the
33
United
States.
34
(2)
The
filing
of
an
Iowa
income
tax
return
on
a
combined
35
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report
basis
is
neither
allowed
nor
required
by
this
subsection
1
paragraph
“b”
.
2
3.
c.
“Commercial
domicile”
means
the
principal
place
from
3
which
the
trade
or
business
of
the
taxpayer
is
directed
or
4
managed.
5
4.
d.
“Corporation”
includes
joint
stock
companies,
and
6
associations
organized
for
pecuniary
profit,
and
partnerships
7
and
limited
liability
companies
taxed
as
corporations
under
the
8
Internal
Revenue
Code.
9
5.
e.
The
words
“domestic
“Domestic
corporation”
mean
means
10
any
corporation
organized
under
the
laws
of
this
state.
11
6.
f.
The
words
“foreign
“Foreign
corporation”
mean
means
12
any
corporation
other
than
a
domestic
corporation.
13
7.
g.
“Internal
Revenue
Code”
means
the
Internal
Revenue
14
Code
of
1954,
prior
to
the
date
of
its
redesignation
as
the
15
Internal
Revenue
Code
of
1986
by
the
Tax
Reform
Act
of
1986,
16
or
means
the
Internal
Revenue
Code
of
1986
as
amended
to
and
17
including
January
1,
2008.
18
8.
h.
“Nonbusiness
income”
means
all
income
other
than
19
business
income.
20
9.
i.
“State”
means
any
state
of
the
United
States,
the
21
District
of
Columbia,
the
Commonwealth
of
Puerto
Rico,
any
22
territory
or
possession
of
the
United
States,
and
any
foreign
23
country
or
political
subdivision
thereof.
24
10.
j.
“Taxable
in
another
state”.
For
purposes
of
25
allocation
and
apportionment
of
income
under
this
division
,
a
26
taxpayer
is
taxable
“taxable
in
another
state
state”
if:
27
a.
(1)
In
that
state
the
taxpayer
is
subject
to
a
net
28
income
tax,
a
franchise
tax
measured
by
net
income,
a
franchise
29
tax
for
the
privilege
of
doing
business,
or
a
corporate
stock
30
tax;
or
31
b.
(2)
That
state
has
jurisdiction
to
subject
the
taxpayer
32
to
a
net
income
tax
regardless
of
whether,
in
fact,
the
state
33
does
or
does
not.
34
11.
k.
The
term
“unitary
“Unitary
business”
means
a
35
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business
carried
on
partly
within
and
partly
without
a
state
1
where
the
portion
of
the
business
carried
on
within
the
state
2
depends
on
or
contributes
to
the
business
outside
the
state.
3
2.
The
words,
terms,
and
phrases
defined
in
division
II,
4
section
422.4,
subsections
4
to
6
,
8
,
9
,
13
,
and
15
to
17
,
when
5
used
in
this
division
,
shall
have
the
meanings
ascribed
to
them
6
in
said
section
except
where
the
context
clearly
indicates
a
7
different
meaning.
8
Sec.
41.
Section
423.3,
subsection
92,
paragraph
a,
9
subparagraphs
(1)
and
(2),
Code
2011,
are
amended
to
read
as
10
follows:
11
(1)
The
sales
price
from
the
sale
or
rental
of
computers
12
and
equipment
that
are
necessary
for
the
maintenance
and
13
operation
of
a
web
search
portal
and
property
whether
directly
14
or
indirectly
connected
to
the
computers,
including
but
15
not
limited
to
cooling
systems,
cooling
towers,
and
other
16
temperature
control
infrastructure;
power
infrastructure
for
17
transformation,
distribution,
or
management
of
electricity
used
18
for
the
maintenance
and
operation
of
the
web
search
portal,
19
including
but
not
limited
to
exterior
dedicated
business-owned
20
substations,
back-up
backup
power
generation
systems,
battery
21
systems,
and
related
infrastructure;
and
racking
systems,
22
cabling,
and
trays,
which
are
necessary
for
the
maintenance
and
23
operation
of
the
web
search
portal.
24
(2)
The
sales
price
of
back-up
backup
power
generation
fuel,
25
that
is
purchased
by
a
web
search
portal
business
for
use
in
26
the
items
listed
in
subparagraph
(1).
27
Sec.
42.
Section
423.3,
subsection
93,
paragraph
a,
28
subparagraphs
(1)
and
(2),
Code
2011,
are
amended
to
read
as
29
follows:
30
(1)
The
sales
price
from
the
sale
or
rental
of
computers
31
and
equipment
that
are
necessary
for
the
maintenance
and
32
operation
of
a
web
search
portal
business
and
property
whether
33
directly
or
indirectly
connected
to
the
computers,
including
34
but
not
limited
to
cooling
systems,
cooling
towers,
and
other
35
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temperature
control
infrastructure;
power
infrastructure
for
1
transformation,
distribution,
or
management
of
electricity
used
2
for
the
maintenance
and
operation
of
the
web
search
portal
3
business,
including
but
not
limited
to
exterior
dedicated
4
business-owned
substations,
back-up
backup
power
generation
5
systems,
battery
systems,
and
related
infrastructure;
and
6
racking
systems,
cabling,
and
trays,
which
are
necessary
7
for
the
maintenance
and
operation
of
the
web
search
portal
8
business.
9
(2)
The
sales
price
of
back-up
backup
power
generation
fuel,
10
that
is
purchased
by
a
web
search
portal
business
for
use
in
11
the
items
listed
in
subparagraph
(1).
12
Sec.
43.
Section
423F.5,
subsection
1,
Code
2011,
is
amended
13
to
read
as
follows:
14
1.
A
school
district
shall
include
as
part
of
its
financial
15
audit
for
the
budget
year
beginning
July
1,
2007,
and
for
each
16
subsequent
budget
year
the
amount
received
during
the
year
17
pursuant
to
chapter
423E
or
423F
this
chapter
,
as
applicable.
18
In
addition,
the
financial
audit
shall
include
the
amount
of
19
bond
levies,
physical
plant
and
equipment
levy,
and
public
20
educational
and
recreational
levy
reduced
as
a
result
of
the
21
moneys
received
under
chapter
423E
or
423F
this
chapter
,
as
22
applicable.
The
amount
of
the
reductions
shall
be
stated
23
in
terms
of
dollars
and
cents
per
one
thousand
dollars
of
24
valuation
and
in
total
amount
of
property
tax
dollars.
Also
25
included
shall
be
an
accounting
of
the
amount
of
moneys
26
received
which
were
spent
for
infrastructure
purposes
pursuant
27
to
chapter
423E
or
423F
this
chapter
,
as
applicable.
28
Sec.
44.
Section
427.1,
subsection
35,
paragraph
a,
Code
29
2011,
is
amended
to
read
as
follows:
30
a.
Property,
other
than
land
and
buildings
and
other
31
improvements,
that
is
utilized
by
a
web
search
portal
business
32
as
defined
in
and
meeting
the
requirements
of
section
423.3,
33
subsection
92
,
including
computers
and
equipment
that
are
34
necessary
for
the
maintenance
and
operation
of
a
web
search
35
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566
portal
and
other
property
whether
directly
or
indirectly
1
connected
to
the
computers,
including
but
not
limited
to
2
cooling
systems,
cooling
towers,
and
other
temperature
control
3
infrastructure;
power
infrastructure
for
transformation,
4
distribution,
or
management
of
electricity,
including
but
not
5
limited
to
exterior
dedicated
business-owned
substations,
and
6
power
distribution
systems
which
are
not
subject
to
assessment
7
under
chapter
437A
;
racking
systems,
cabling,
and
trays;
and
8
back-up
backup
power
generation
systems,
battery
systems,
and
9
related
infrastructure
all
of
which
are
necessary
for
the
10
maintenance
and
operation
of
the
web
search
portal
site.
11
Sec.
45.
Section
427.1,
subsection
36,
paragraph
a,
Code
12
2011,
is
amended
to
read
as
follows:
13
a.
Property,
other
than
land
and
buildings
and
other
14
improvements,
that
is
utilized
by
a
web
search
portal
business
15
as
defined
in
and
meeting
the
requirements
of
section
423.3,
16
subsection
93
,
including
computers
and
equipment
that
17
are
necessary
for
the
maintenance
and
operation
of
a
web
18
search
portal
business
and
other
property
whether
directly
19
or
indirectly
connected
to
the
computers,
including
but
20
not
limited
to
cooling
systems,
cooling
towers,
and
other
21
temperature
control
infrastructure;
power
infrastructure
for
22
transformation,
distribution,
or
management
of
electricity,
23
including
but
not
limited
to
exterior
dedicated
business-owned
24
substations,
and
power
distribution
systems
which
are
not
25
subject
to
assessment
under
chapter
437A
;
racking
systems,
26
cabling,
and
trays;
and
back-up
backup
power
generation
27
systems,
battery
systems,
and
related
infrastructure
all
of
28
which
are
necessary
for
the
maintenance
and
operation
of
the
29
web
search
portal
business.
30
Sec.
46.
Section
435.23,
Code
2011,
is
amended
to
read
as
31
follows:
32
435.23
Exemptions
——
prorating
tax.
33
1.
The
manufacturer’s
and
retailer’s
inventory
of
mobile
34
homes,
manufactured
homes,
or
modular
homes
not
in
use
as
a
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place
of
human
habitation
shall
be
exempt
from
the
annual
tax.
1
All
travel
trailers
shall
be
exempt
from
this
tax.
The
homes
2
and
travel
trailers
in
the
inventory
of
manufacturers
and
3
retailers
shall
be
exempt
from
personal
property
tax.
4
2.
The
homes
coming
into
Iowa
from
out
of
state
and
located
5
in
a
manufactured
home
community
or
mobile
home
park
shall
6
be
liable
for
the
tax
computed
pro
rata
to
the
nearest
whole
7
month,
for
the
time
the
home
is
actually
situated
in
Iowa.
8
Sec.
47.
Section
441.49,
Code
2011,
is
amended
to
read
as
9
follows:
10
441.49
Adjustment
by
auditor.
11
1.
a.
The
director
shall
keep
a
record
of
the
review
and
12
adjustment
proceedings
and
finish
the
proceedings
on
or
before
13
October
1
unless
for
good
cause
the
proceedings
cannot
be
14
completed
by
that
date.
The
director
shall
notify
each
county
15
auditor
by
mail
of
the
final
action
taken
at
the
proceedings
16
and
specify
any
adjustments
in
the
valuations
of
any
class
of
17
property
to
be
made
effective
for
the
jurisdiction.
18
b.
However,
an
assessing
jurisdiction
may
request
the
19
director
to
permit
the
use
of
an
alternative
method
of
20
applying
the
equalization
order
to
the
property
values
in
the
21
assessing
jurisdiction,
provided
that
the
final
valuation
22
shall
be
equivalent
to
the
director’s
equalization
order.
The
23
assessing
jurisdiction
shall
notify
the
county
auditor
of
24
the
request
for
the
use
of
an
alternative
method
of
applying
25
the
equalization
order
and
the
director’s
disposition
of
the
26
request.
The
request
to
use
an
alternative
method
of
applying
27
the
equalization
order,
including
procedures
for
notifying
28
affected
property
owners
and
appealing
valuation
adjustments,
29
shall
be
made
within
ten
days
from
the
date
the
county
auditor
30
receives
the
equalization
order
and
the
valuation
adjustments,
31
and
appeal
procedures
shall
be
completed
by
November
30
of
the
32
year
of
the
equalization
order.
Compliance
with
the
provisions
33
of
section
441.21
is
sufficient
grounds
for
the
director
34
to
permit
the
use
of
an
alternative
method
of
applying
the
35
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equalization
order.
1
2.
a.
On
or
before
October
15
the
county
auditor
shall
2
cause
to
be
published
in
official
newspapers
of
general
3
circulation
the
final
equalization
order.
The
publication
4
shall
include,
in
type
larger
than
the
remainder
of
the
5
publication,
the
following
statement:
6
“Assessed
Assessed
values
are
equalized
by
the
department
of
7
revenue
every
two
years.
Local
taxing
authorities
determine
8
the
final
tax
levies
and
may
reduce
property
tax
rates
to
9
compensate
for
any
increase
in
valuation
due
to
equalization.”
10
equalization.
11
b.
Failure
to
publish
the
equalization
order
has
no
effect
12
upon
the
validity
of
the
orders.
13
3.
The
county
auditor
shall
add
to
or
deduct
from
the
14
valuation
of
each
class
of
property
in
the
county
the
required
15
percentage,
rejecting
all
fractions
of
fifty
cents
or
less
16
in
the
result,
and
counting
all
fractions
over
fifty
cents
17
as
one
dollar.
For
any
special
charter
city
that
levies
and
18
collects
its
own
tax
based
on
current
year
assessed
values,
19
the
equalization
percentage
shall
be
applied
to
the
following
20
year’s
values,
and
shall
be
considered
the
equalized
values
for
21
that
year
for
purposes
of
this
chapter
.
22
4.
The
local
board
of
review
shall
reconvene
in
special
23
session
from
October
15
to
November
15
for
the
purpose
of
24
hearing
the
protests
of
affected
property
owners
or
taxpayers
25
within
the
jurisdiction
of
the
board
whose
valuation
of
26
property
if
adjusted
pursuant
to
the
equalization
order
issued
27
by
the
director
of
revenue
will
result
in
a
greater
value
than
28
permitted
under
section
441.21
.
The
board
of
review
shall
29
accept
protests
only
during
the
first
ten
days
following
the
30
date
the
local
board
of
review
reconvenes.
The
board
of
review
31
shall
limit
its
review
to
only
the
timely
filed
protests.
The
32
board
of
review
may
adjust
all
or
a
part
of
the
percentage
33
increase
ordered
by
the
director
of
revenue
by
adjusting
the
34
actual
value
of
the
property
under
protest
to
one
hundred
35
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percent
of
actual
value.
Any
adjustment
so
determined
by
1
the
board
of
review
shall
not
exceed
the
percentage
increase
2
provided
for
in
the
director’s
equalization
order.
The
3
determination
of
the
board
of
review
on
filed
protests
is
4
final,
subject
to
appeal
to
the
property
assessment
appeal
5
board.
A
final
decision
by
the
local
board
of
review,
or
the
6
property
assessment
appeal
board,
if
the
local
board’s
decision
7
is
appealed,
is
subject
to
review
by
the
director
of
revenue
8
for
the
purpose
of
determining
whether
the
board’s
actions
9
substantially
altered
the
equalization
order.
In
making
the
10
review,
the
director
has
all
the
powers
provided
in
chapter
11
421
,
and
in
exercising
the
powers
the
director
is
not
subject
12
to
chapter
17A
.
Not
later
than
fifteen
days
following
the
13
adjournment
of
the
board,
the
board
of
review
shall
submit
to
14
the
director
of
revenue,
on
forms
prescribed
by
the
director,
a
15
report
of
all
actions
taken
by
the
board
of
review
during
this
16
session.
17
5.
Not
later
than
ten
days
after
the
date
the
final
18
equalization
order
is
issued,
the
city
or
county
officials
of
19
the
affected
county
or
assessing
jurisdiction
may
appeal
the
20
final
equalization
order
to
the
state
board
of
tax
review.
The
21
appeal
shall
not
delay
the
implementation
of
the
equalization
22
orders.
23
6.
Tentative
and
final
equalization
orders
issued
by
the
24
director
of
revenue
are
not
rules
as
defined
in
section
17A.2,
25
subsection
7
.
26
Sec.
48.
Section
453A.13,
subsections
3
and
4,
Code
2011,
27
are
amended
to
read
as
follows:
28
3.
Fees
——
expiration.
29
a.
All
permits
provided
for
in
this
division
shall
expire
30
on
June
30
of
each
year.
A
permit
shall
not
be
granted
or
31
issued
until
the
applicant
has
paid
for
the
period
ending
June
32
30
next,
to
the
department
or
the
city
or
county
granting
the
33
permit,
the
fees
provided
for
in
this
division
.
The
annual
34
state
permit
fee
for
a
distributor,
cigarette
vendor,
and
35
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wholesaler
is
one
hundred
dollars
when
the
permit
is
granted
1
during
the
months
of
July,
August,
or
September.
However,
2
whenever
a
state
permit
holder
operates
more
than
one
place
of
3
business,
a
duplicate
state
permit
shall
be
issued
for
each
4
additional
place
of
business
on
payment
of
five
dollars
for
5
each
duplicate
state
permit,
but
refunds
as
provided
in
this
6
division
do
not
apply
to
any
duplicate
permit
issued.
7
b.
The
fee
for
retail
permits
is
as
follows
when
the
permit
8
is
granted
during
the
months
of
July,
August,
or
September:
9
a.
(1)
In
places
outside
any
city,
fifty
dollars.
10
b.
(2)
In
cities
of
less
than
fifteen
thousand
population,
11
seventy-five
dollars.
12
c.
(3)
In
cities
of
fifteen
thousand
or
more
population,
13
one
hundred
dollars.
14
c.
If
any
permit
is
granted
during
the
months
of
October,
15
November,
or
December,
the
fee
shall
be
three-fourths
of
16
the
above
maximum
schedule;
if
granted
during
the
months
of
17
January,
February,
or
March,
one-half
of
the
maximum
schedule,
18
and
if
granted
during
the
months
of
April,
May,
or
June,
19
one-fourth
of
the
maximum
schedule.
20
4.
Refunds.
21
a.
An
unrevoked
permit
for
which
the
holder
has
paid
the
22
full
annual
fee
may
be
surrendered
during
the
first
nine
months
23
of
said
year
to
the
officer
issuing
it,
and
the
department,
or
24
the
city
or
county
granting
the
permit
shall
make
refunds
to
25
the
said
holder
as
follows:
26
(1)
Three-fourths
of
the
annual
fee
if
the
surrender
is
made
27
during
July,
August,
or
September.
28
(2)
One-half
of
the
annual
fee
if
the
surrender
is
made
29
during
October,
November,
or
December.
30
(3)
One-fourth
of
the
annual
fee
if
the
surrender
is
made
31
during
January,
February,
or
March.
32
b.
An
unrevoked
permit
for
which
the
holder
has
paid
33
three-fourths
of
a
full
annual
fee
may
be
so
surrendered
during
34
the
first
six
months
of
the
period
covered
by
said
payment
and
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the
said
department,
city
or
county
shall
make
refunds
to
the
1
holder
as
follows:
2
(1)
A
sum
equal
to
one-half
of
an
annual
fee
if
the
3
surrender
is
made
during
October,
November
or
December.
4
(2)
A
sum
equal
to
one-fourth
of
an
annual
fee
if
the
5
surrender
is
made
during
January,
February
or
March.
6
c.
An
unrevoked
permit
for
which
the
holder
has
paid
7
one-half
of
a
full
annual
fee
may
be
so
surrendered
during
the
8
first
three
months
of
the
period
covered
by
said
that
payment,
9
and
the
department,
city
or
county,
shall
refund
to
the
holder
10
a
sum
equal
to
one-fourth
of
an
annual
fee.
11
Sec.
49.
Section
455B.134,
subsection
3,
paragraph
d,
12
subparagraph
(2),
Code
2011,
is
amended
to
read
as
follows:
13
(2)
In
applications
for
conditional
permits
for
electric
14
power
generating
facilities,
the
applicant
shall
quantify
the
15
potential
to
emit
greenhouse
gas
emissions
gases
due
to
the
16
proposed
project.
17
Sec.
50.
Section
455B.134,
subsection
3,
paragraph
g,
Code
18
2011,
is
amended
to
read
as
follows:
19
g.
All
applications
for
construction
permits
or
prevention
20
of
significant
deterioration
permits
shall
quantify
the
21
potential
to
emit
greenhouse
gas
emissions
gases
due
to
the
22
proposed
project.
23
Sec.
51.
Section
455B.172,
subsection
11,
paragraph
a,
24
unnumbered
paragraph
1,
Code
2011,
is
amended
to
read
as
25
follows:
26
A
If
a
building
where
a
person
resides,
congregates,
or
is
27
employed
that
is
served
by
a
private
sewage
disposal
system
,
28
shall
have
the
sewage
disposal
system
serving
the
building
29
shall
be
inspected
prior
to
any
transfer
of
ownership
of
the
30
building.
The
requirements
of
this
subsection
shall
be
applied
31
to
all
types
of
ownership
transfer
including
at
the
time
a
32
seller-financed
real
estate
contract
is
signed.
The
county
33
recorder
shall
not
record
a
deed
or
any
other
property
transfer
34
or
conveyance
document
until
either
a
certified
inspector’s
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report
is
provided
which
documents
the
condition
of
the
private
1
sewage
disposal
system
and
whether
any
modifications
are
2
required
to
conform
to
standards
adopted
by
the
department
3
or,
in
the
event
that
weather
or
other
temporary
physical
4
conditions
prevent
the
certified
inspection
from
being
5
conducted,
the
buyer
has
executed
and
submitted
a
binding
6
acknowledgment
with
the
county
board
of
health
to
conduct
a
7
certified
inspection
of
the
private
sewage
disposal
system
8
at
the
earliest
practicable
time
and
to
be
responsible
for
9
any
required
modifications
to
the
private
sewage
disposal
10
system
as
identified
by
the
certified
inspection.
Any
type
of
11
on-site
treatment
unit
or
private
sewage
disposal
system
must
12
be
inspected
according
to
rules
developed
by
the
department.
13
For
the
purposes
of
this
subsection
,
“transfer”
means
the
14
transfer
or
conveyance
by
sale,
exchange,
real
estate
contract,
15
or
any
other
method
by
which
real
estate
and
improvements
are
16
purchased,
if
the
property
includes
at
least
one
but
not
more
17
than
four
dwelling
units.
However,
“transfer”
does
not
include
18
any
of
the
following:
19
Sec.
52.
Section
455B.305,
subsection
1,
paragraph
c,
Code
20
2011,
is
amended
to
read
as
follows:
21
c.
A
permit
may
be
suspended
or
revoked
by
the
director
if
a
22
sanitary
disposal
project
is
found
not
to
meet
the
requirements
23
of
this
part
1
or
the
rules
adopted
pursuant
to
this
part
1.
24
The
suspension
or
revocation
of
a
permit
may
be
appealed
to
the
25
department.
26
Sec.
53.
Section
455E.11,
subsection
2,
paragraph
d,
27
subparagraph
(3),
Code
2011,
is
amended
to
read
as
follows:
28
(3)
Each
fiscal
year,
the
department
of
natural
resources
29
shall
enter
into
an
agreement
with
the
Iowa
comprehensive
30
petroleum
underground
storage
tank
fund
board
for
the
31
completion
of
administrative
tasks
during
the
fiscal
year
32
directly
related
to
the
evaluation
and
modification
of
risk
33
based
corrective
action
rules
as
necessary
and
processes
that
34
affect
the
administration
in
subparagraph
(2).
35
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566
Sec.
54.
Section
455G.4,
subsection
1,
paragraph
a,
1
subparagraph
(4),
Code
2011,
is
amended
to
read
as
follows:
2
(4)
Two
public
members
appointed
by
the
governor
and
3
confirmed
by
the
senate
to
staggered
four-year
terms,
except
4
that,
of
the
first
members
appointed,
one
public
member
shall
5
be
appointed
for
a
term
of
two
years
and
one
for
a
term
of
four
6
years.
A
public
member
shall
have
experience,
knowledge,
and
7
expertise
of
the
subject
matter
embraced
within
this
chapter
.
8
Two
The
two
public
members
shall
be
appointed
with
have
9
experience
in
either,
or
both,
financial
markets
or
insurance.
10
Sec.
55.
Section
456A.17,
subsection
4,
Code
2011,
is
11
amended
to
read
as
follows:
12
4.
The
state
conservation
fund,
except
as
otherwise
13
provided,
consists
of
all
other
funds
accruing
to
the
14
department
for
the
purposes
embraced
by
this
chapter
.
15
Sec.
56.
Section
456A.19,
unnumbered
paragraph
5,
Code
16
2011,
is
amended
to
read
as
follows:
17
All
other
expenditures
shall
be
paid
from
the
state
18
conservation
fund.
19
Sec.
57.
Section
462A.26,
subsection
3,
paragraph
b,
Code
20
2011,
is
amended
to
read
as
follows:
21
b.
On
all
inland
lakes
and
federal
impoundments
under
the
22
jurisdiction
of
the
commission
.
,
a
motorboat
shall
not
be
23
operated
within
three
hundred
feet
of
shore
at
a
speed
greater
24
than
ten
miles
per
hour.
25
A
motorboat
shall
not
be
operated
within
three
hundred
feet
26
of
shore
at
a
speed
greater
than
ten
miles
per
hour.
27
Sec.
58.
Section
463C.17,
Code
2011,
is
amended
to
read
as
28
follows:
29
463C.17
Exemption
from
certain
laws.
30
The
authority,
the
department,
and
their
agents
and
31
contracts
entered
into
by
the
authority,
the
department,
32
and
their
agents,
in
carrying
out
its
public
and
essential
33
governmental
functions
are
exempt
from
the
laws
of
the
state
34
which
provide
for
competitive
bids,
term-length
term
length
,
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and
hearings
in
connection
with
contracts,
except
as
provided
1
in
section
12.30
.
However,
the
exemption
from
competitive
2
bid
laws
in
this
section
shall
not
be
construed
to
apply
to
3
contracts
for
the
development
or
construction
of
facilities
in
4
the
park,
including
,
but
not
limited
to
,
lodges,
campgrounds,
5
cabins,
and
golf
courses.
6
Sec.
59.
Section
468.586,
Code
2011,
is
amended
to
read
as
7
follows:
8
468.586
Assessment
of
costs
of
drainage
improvements.
9
A
county
may
assess
to
property
within
an
urban
drainage
10
district
the
cost
of
a
drainage
improvement
within
the
county
11
and
drainage
facilities
extending
outside
the
county.
A
county
12
is
empowered
to
proceed
and
construct
and
to
assess
the
cost
of
13
a
drainage
improvement
within
a
district
in
the
same
manner
as
14
a
city
may
proceed
under
division
IV
of
chapter
384
,
division
15
IV,
and
the
provisions
of
division
IV
of
chapter
384
,
division
16
IV,
apply
to
counties
with
respect
to
drainage
improvements,
17
the
assessment
of
their
costs
and
the
issuance
of
bonds
for
the
18
improvements.
A
county
may
contract
for
a
drainage
improvement
19
within
a
district
under
this
part
pursuant
to
part
3
of
20
division
III
of
chapter
331
,
division
III,
part
3
.
21
Sec.
60.
Section
499B.17,
Code
2011,
is
amended
to
read
as
22
follows:
23
499B.17
Lien
against
owner
of
unit.
24
All
sums
assessed
by
the
council
of
co-owners
but
unpaid
25
for
the
share
of
the
common
expenses
chargeable
to
any
26
apartment
shall
constitute
a
lien
on
such
apartment
prior
to
27
all
other
liens
except
only
(1)
tax
liens
on
the
apartment
28
in
favor
of
any
assessing
unit
and
special
district
,
and
(2)
29
all
sums
unpaid
on
a
first
mortgage
of
record.
Such
lien
30
may
be
foreclosed
by
suit
by
the
council
of
co-owners
or
the
31
representatives
thereof,
acting
on
behalf
of
the
apartment
32
owners,
in
like
manner
as
a
mortgage
of
real
property.
In
the
33
event
of
any
such
foreclosure,
the
apartment
owner
shall
be
34
required
to
pay
a
reasonable
rental
for
the
apartment
if
so
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provided
in
the
bylaws,
and
the
plaintiff
in
such
foreclosure
1
shall
be
entitled
to
the
appointment
of
a
receiver
to
collect
2
the
same.
The
council
of
co-owners
or
the
representatives
3
thereof,
acting
on
behalf
of
the
apartment
owners,
shall
have
4
power,
unless
prohibited
by
the
declaration,
to
bid
in
the
5
apartment
at
foreclosure
sale,
and
to
acquire
and
hold,
lease,
6
mortgage
and
convey
the
same.
Suit
to
recover
a
money
judgment
7
for
unpaid
common
expenses
shall
be
maintainable
without
8
foreclosing
or
waiving
the
lien
securing
the
same.
9
Sec.
61.
Section
505.28,
Code
2011,
is
amended
to
read
as
10
follows:
11
505.28
Consent
to
jurisdiction.
12
A
person
committing
any
act
governed
by
chapter
502
,
13
502A
,
505
this
chapter,
chapters
505A
through
523G
,
or
523I
14
constitutes
consent
by
that
person
to
the
jurisdiction
of
the
15
commissioner
of
insurance
and
the
district
courts
of
this
16
state.
17
Sec.
62.
Section
505.29,
Code
2011,
is
amended
to
read
as
18
follows:
19
505.29
Administrative
hearings.
20
The
commissioner
of
insurance
shall
have
the
authority
21
to
appoint
as
a
hearing
officer
a
designee
or
an
independent
22
administrative
law
judge.
Duties
of
a
hearing
officer
shall
23
include
hearing
contested
cases
arising
from
conduct
governed
24
by
chapters
502
,
502A
,
505
this
chapter,
chapters
505A
through
25
523G
,
and
523I
.
Sections
10A.801
and
17A.11
do
not
apply
to
26
the
appointment
of
a
designee
or
an
administrative
law
judge
27
pursuant
to
this
section
.
28
Sec.
63.
Section
515E.4,
subsection
4,
Code
2011,
is
amended
29
to
read
as
follows:
30
4.
Compliance
with
unfair
claims
claim
settlement
practices
31
law.
A
risk
retention
group,
its
agents,
and
representatives,
32
shall
comply
with
the
unfair
claims
claim
settlement
practices
33
law
in
section
507B.4,
subsection
10
.
34
Sec.
64.
Section
533.301,
subsection
1,
unnumbered
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566
paragraph
1,
Code
2011,
is
amended
to
read
as
follows:
1
Receive
payments
for
ownership
shares,
for
other
shares,
or
2
as
deposits
from
any
or
all
of
the
following:
3
Sec.
65.
Section
535.2,
subsection
6,
paragraph
a,
Code
4
2011,
is
amended
to
read
as
follows:
5
a.
Notwithstanding
the
provisions
of
1980
Iowa
Acts
of
the
6
Sixty-eighth
General
Assembly
,
chapter
1156
,
with
respect
to
7
any
agreement
which
was
executed
on
or
after
August
3,
1978
,
8
and
prior
to
July
1,
1979,
and
which
contained
a
provision
9
for
the
adjustment
of
the
rate
of
interest
specified
in
the
10
agreement,
the
maximum
lawful
rate
of
interest
which
may
be
11
imposed
under
that
agreement
shall
be
that
rate
which
is
two
12
and
one-half
percentage
points
above
the
rate
initially
to
be
13
paid
under
the
agreement,
provided
that
the
greatest
interest
14
rate
adjustment
which
may
be
made
at
any
one
time
shall
be
15
one-half
of
one
percent
and
an
interest
rate
adjustment
may
16
not
be
made
until
at
least
one
year
has
passed
since
the
last
17
interest
rate
adjustment,
and
any
excess
charge
shall
be
a
18
violation
of
section
535.4
.
19
Sec.
66.
Section
535A.6,
subsection
1,
Code
2011,
is
amended
20
to
read
as
follows:
21
1.
Any
person
who
has
been
aggrieved
as
a
result
of
a
22
violation
of
sections
535A.1
through
535A.3
,
this
section,
23
or
sections
535A.6
535A.7
through
535A.9
may
bring
an
action
24
in
the
district
court
of
the
county
in
which
the
violation
25
occurred
or
in
the
county
where
the
financial
institution
26
involved
is
located.
27
Sec.
67.
Section
536.19,
Code
2011,
is
amended
to
read
as
28
follows:
29
536.19
Violations.
30
Any
person,
partnership,
association,
or
corporation
and
the
31
several
members,
officers,
directors,
agents,
and
employees
32
thereof,
who
shall
violate
or
participate
in
the
violation
33
of
any
of
the
provisions
of
section
536.1
,
536.12
,
536.13
or
34
536.14
,
which
are
not
also
violations
of
chapter
537,
article
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566
5,
part
3
,
of
the
Iowa
consumer
credit
code
,
chapter
537
,
shall
1
be
guilty
of
a
serious
misdemeanor.
Violations
of
the
Iowa
2
consumer
credit
code,
chapter
537
,
shall
be
subject
to
the
3
penalties
provided
therein.
4
Sec.
68.
Section
537.3203,
Code
2011,
is
amended
to
read
as
5
follows:
6
537.3203
Notice
to
consumer.
7
The
creditor
shall
give
to
the
consumer
a
copy
of
any
8
writing
evidencing
a
consumer
credit
transaction,
other
than
9
one
pursuant
to
open
end
credit,
if
the
writing
requires
or
10
provides
for
signature
of
the
consumer.
The
writing
evidencing
11
the
consumer’s
obligation
to
pay
under
a
consumer
credit
12
transaction,
other
than
one
pursuant
to
open
end
credit,
shall
13
contain
a
clear
and
conspicuous
notice
to
the
consumer
that
14
the
consumer
should
not
sign
it
before
reading
it,
that
the
15
consumer
is
entitled
to
a
copy
of
it,
and,
except
in
the
case
16
of
a
consumer
lease,
that
the
consumer
is
entitled
to
prepay
17
the
unpaid
balance
at
any
time
with
such
penalty
and
minimum
18
charges
as
the
agreement
and
section
537.2510
may
permit,
19
and
may
be
entitled
to
receive
a
refund
of
unearned
charges
20
in
accordance
with
law.
The
following
notices
if
clear
and
21
conspicuous
comply
with
this
section
:
22
1.
In
all
transactions
to
which
this
section
applies:
23
NOTICE
TO
CONSUMER
:
24
1.
Do
not
sign
this
paper
before
you
read
it.
25
2.
You
are
entitled
to
a
copy
of
this
paper.
26
3.
You
may
prepay
the
unpaid
balance
at
any
time
without
27
penalty
and
may
be
entitled
to
receive
a
refund
of
unearned
28
charges
in
accordance
with
law.
29
2.
In
addition,
in
a
transaction
in
which
a
minimum
charge
30
will
be
collected
or
retained,
the
notice
to
consumer
shall
31
state
:
32
4.
If
you
prepay
the
unpaid
balance,
you
may
have
to
pay
a
33
minimum
charge
not
greater
than
seven
dollars
and
fifty
cents.
34
Sec.
69.
Section
572.13,
subsection
2,
Code
2011,
is
amended
35
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566
to
read
as
follows:
1
2.
a.
An
original
contractor
who
enters
into
a
contract
2
for
an
owner-occupied
dwelling
and
who
has
contracted
or
will
3
contract
with
a
subcontractor
to
provide
labor
or
furnish
4
material
for
the
dwelling
shall
include
the
following
notice
in
5
any
written
contract
with
the
owner
and
shall
provide
the
owner
6
with
a
copy
of
the
written
contract:
7
Persons
or
companies
furnishing
labor
or
materials
for
the
8
improvement
of
real
property
may
enforce
a
lien
upon
the
9
improved
property
if
they
are
not
paid
for
their
contributions,
10
even
if
the
parties
have
no
direct
contractual
relationship
11
with
the
owner.
12
b.
If
no
written
contract
is
entered
into
between
the
13
original
contractor
and
the
dwelling
owner,
the
original
14
contractor
shall,
within
ten
days
of
commencement
of
work
on
15
the
dwelling,
provide
written
notice
to
the
dwelling
owner
16
stating
the
name
and
address
of
all
subcontractors
that
the
17
contractor
intends
to
use
for
the
construction
and,
that
18
the
subcontractors
or
suppliers
may
have
lien
rights
in
the
19
event
they
are
not
paid
for
their
labor
or
material
used
on
20
this
site;
and
the
notice
shall
be
updated
as
additional
21
subcontractors
and
suppliers
are
used
from
the
names
disclosed
22
on
earlier
notices.
23
c.
An
original
contractor
who
fails
to
provide
notice
under
24
this
section
is
not
entitled
to
the
lien
and
remedy
provided
by
25
this
chapter
.
26
Sec.
70.
Section
617.3,
subsection
3,
Code
2011,
is
amended
27
to
read
as
follows:
28
3.
Service
of
such
process
or
original
notice
shall
be
made
29
(1)
by
filing
duplicate
copies
of
said
process
or
original
30
notice
with
said
secretary
of
state,
together
with
a
fee
of
31
ten
dollars,
and
(2)
by
mailing
to
the
defendant
and
to
each
32
of
them
if
more
than
one,
by
registered
or
certified
mail,
a
33
notification
of
said
filing
with
the
secretary
of
state,
the
34
same
to
be
so
mailed
within
ten
days
after
such
filing
with
the
35
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114
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566
secretary
of
state.
Such
notification
shall
be
mailed
to
each
1
foreign
corporation
at
the
address
of
its
principal
office
in
2
the
state
or
country
under
the
laws
of
which
it
is
incorporated
3
and
to
each
such
nonresident
person
at
an
address
in
the
state
4
of
residence.
The
defendant
shall
have
sixty
days
from
the
5
date
of
such
filing
with
the
secretary
of
state
within
which
6
to
appear.
Proof
of
service
shall
be
made
by
filing
in
court
7
the
duplicate
copy
of
the
process
or
original
notice
with
the
8
secretary
of
state’s
certificate
of
filing,
and
the
affidavit
9
of
the
plaintiff
or
the
plaintiff’s
attorney
of
compliance
10
herewith.
11
Sec.
71.
Section
622.62,
subsection
3,
Code
2011,
is
amended
12
to
read
as
follows:
13
3.
The
actions
of
any
court
of
this
state
in
taking
judicial
14
notice
of
the
existence
and
content
of
a
city
ordinance
in
any
15
proceeding
which
was
commenced
between
the
first
day
of
July,
16
1973
,
and
April
17,
1976
,
shall
be
conclusively
presumed
to
17
be
lawful,
and
to
the
extent
required
by
this
section
,
this
18
section
is
retroactive.
19
Sec.
72.
Section
631.17,
subsection
1,
paragraph
c,
Code
20
2011,
is
amended
to
read
as
follows:
21
c.
A
pattern
of
conduct
in
violation
of
article
7
of
chapter
22
537
,
article
7
.
23
Sec.
73.
Section
633.279,
subsection
2,
Code
2011,
is
24
amended
to
read
as
follows:
25
2.
Self-proved
will.
26
a.
An
attested
will
may
be
made
self-proved
at
the
time
of
27
its
execution,
or
at
any
subsequent
date,
by
the
acknowledgment
28
thereof
by
the
testator
and
the
affidavits
of
the
witnesses,
29
each
made
before
a
person
authorized
to
administer
oaths
30
and
take
acknowledgments
under
the
laws
of
this
state,
and
31
evidenced
by
such
person’s
certificate,
under
seal,
attached
32
or
annexed
to
the
will,
in
form
and
content
substantially
as
33
follows:
34
Affidavit
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State
of
......
)
1
County
of
......
)
ss
2
We,
the
undersigned,
.......
,
.......
and
.........
,
the
3
testator
and
the
witnesses,
respectively,
whose
names
are
4
signed
to
the
attached
or
foregoing
instrument,
being
first
5
duly
sworn,
declare
to
the
undersigned
authority
that
said
6
instrument
is
the
testator’s
will
and
that
the
testator
7
willingly
signed
and
executed
such
instrument,
or
expressly
8
directed
another
to
sign
the
same
in
the
presence
of
the
9
witnesses,
as
a
free
and
voluntary
act
for
the
purposes
therein
10
expressed;
that
said
witnesses,
and
each
of
them,
declare
to
11
the
undersigned
authority
that
such
will
was
executed
and
12
acknowledged
by
the
testator
as
the
testator’s
will
in
their
13
presence
and
that
they,
in
the
testator’s
presence,
at
the
14
testator’s
request,
and
in
the
presence
of
each
other,
did
15
subscribe
their
names
thereto
as
attesting
witnesses
on
the
16
date
of
the
date
of
such
will;
and
that
the
testator,
at
the
17
time
of
the
execution
of
such
instrument,
was
of
full
age
and
18
of
sound
mind
and
that
the
witnesses
were
sixteen
years
of
age
19
or
older
and
otherwise
competent
to
be
witnesses.
20
.........
21
Testator
22
.........
23
Witness
24
.........
25
Witness
26
Subscribed,
sworn
and
acknowledged
before
me
by
........
,
27
the
testator;
and
subscribed
and
sworn
before
me
by
........
28
and
.......
,
witnesses,
this
...
day
of
......
(month),
...
29
(year)
30
............
31
Notary
Public,
or
other
officer
32
(Seal)
authorized
to
take
and
certify
33
acknowledgments
and
34
administer
oaths
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b.
A
self-proved
will
shall
constitute
proof
of
due
1
execution
of
such
instrument
as
required
by
section
633.293
and
2
may
be
admitted
to
probate
without
testimony
of
witnesses.
3
Sec.
74.
Section
633.675,
Code
2011,
is
amended
to
read
as
4
follows:
5
633.675
Cause
for
termination.
6
1.
A
guardianship
shall
cease,
and
a
conservatorship
7
shall
terminate,
upon
the
occurrence
of
any
of
the
following
8
circumstances:
9
1.
a.
If
the
ward
is
a
minor,
when
the
ward
reaches
full
10
age.
11
2.
b.
The
death
of
the
ward.
12
3.
c.
A
determination
by
the
court
that
the
ward
is
no
13
longer
a
person
whose
decision-making
capacity
is
so
impaired
14
as
to
bring
the
ward
within
the
categories
of
section
633.552,
15
subsection
2
,
paragraph
“a”
,
or
section
633.566,
subsection
2
,
16
paragraph
“a”
.
In
a
proceeding
to
terminate
a
guardianship
or
17
a
conservatorship,
the
ward
shall
make
a
prima
facie
showing
18
that
the
ward
has
some
decision-making
capacity.
Once
the
19
ward
has
made
that
showing,
the
guardian
or
conservator
has
20
the
burden
to
prove
by
clear
and
convincing
evidence
that
the
21
ward’s
decision-making
capacity
is
so
impaired,
as
provided
22
in
section
633.552,
subsection
2
,
paragraph
“a”
,
or
section
23
633.566,
subsection
2
,
paragraph
“a”
,
that
the
guardianship
or
24
conservatorship
should
not
be
terminated.
25
4.
d.
Upon
determination
by
the
court
that
the
26
conservatorship
or
guardianship
is
no
longer
necessary
for
any
27
other
reason.
28
5.
2.
Notwithstanding
subsections
1
subsection
1,
29
paragraphs
“a”
through
4
“d”
,
if
the
court
appointed
a
guardian
30
for
a
minor
child
for
whom
the
court’s
jurisdiction
over
the
31
child’s
guardianship
was
established
pursuant
to
transfer
of
32
the
child’s
case
in
accordance
with
section
232.104
,
the
court
33
shall
not
enter
an
order
terminating
the
guardianship
before
34
the
child
becomes
age
eighteen
unless
the
court
finds
by
clear
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and
convincing
evidence
that
the
best
interests
of
the
child
1
warrant
a
return
of
custody
to
the
child’s
parent.
2
Sec.
75.
Section
633.707,
subsection
4,
Code
2011,
is
3
amended
to
read
as
follows:
4
4.
The
extent
to
which
the
respondent
has
ties
to
the
5
state
such
as
voting
voter
registration,
state
or
local
tax
6
return
filing,
vehicle
registration,
driver’s
license,
social
7
relationship
relationships
,
and
receipt
of
services.
8
Sec.
76.
Section
642.5,
Code
2011,
is
amended
to
read
as
9
follows:
10
642.5
Sheriff
may
take
answers.
11
1.
When
the
plaintiff,
in
writing,
directs
the
sheriff
to
12
take
the
answer
of
the
garnishee,
the
sheriff
shall
put
to
the
13
garnishee
the
following
questions:
14
1.
Are
you
in
any
manner
indebted
to
the
defendant
in
this
15
suit,
or
do
you
owe
the
defendant
money
or
property
which
is
16
not
yet
due?
If
so,
state
the
particulars.
17
2.
Have
you
in
your
possession
or
under
your
control
any
18
property,
rights,
or
credits
of
the
said
defendants?
If
so,
19
what
is
the
value
of
the
same?
State
all
particulars.
20
3.
Do
you
know
of
any
debts
owing
the
said
defendant,
21
whether
due
or
not
due,
or
any
property,
rights,
or
credits
22
belonging
to
the
defendant
and
now
in
the
possession
or
under
23
the
control
of
others?
If
so,
state
the
particulars.
24
4.
Do
you
compensate
the
defendant
in
this
suit
for
any
25
personal
services
whether
denominated
as
wages,
salary,
26
commission,
bonus
or
otherwise,
including
periodic
payments
27
pursuant
to
a
pension
or
retirement
program?
If
so,
state
the
28
amount
of
the
compensation
reasonably
anticipated
to
be
paid
29
defendant
during
the
calendar
year.
30
2.
The
sheriff
shall
append
the
examination
to
the
sheriff’s
31
return.
32
Sec.
77.
Section
642.21,
subsection
1,
unnumbered
paragraph
33
1,
Code
2011,
is
amended
to
read
as
follows:
34
The
disposable
earnings
of
an
individual
are
exempt
from
35
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garnishment
to
the
extent
provided
by
the
federal
Consumer
1
Credit
Protection
Act,
Title
Tit.
III,
15
U.S.C.
§
1671
–
1677
2
(1982).
The
maximum
amount
of
an
employee’s
earnings
which
3
may
be
garnished
during
any
one
calendar
year
is
two
hundred
4
fifty
dollars
for
each
judgment
creditor,
except
as
provided
5
in
chapter
252D
and
sections
598.22
,
598.23
,
and
627.12
,
or
6
when
those
earnings
are
reasonably
expected
to
be
in
excess
of
7
twelve
thousand
dollars
for
that
calendar
year
as
determined
8
from
the
answers
taken
by
the
sheriff
or
by
the
court
pursuant
9
to
section
642.5,
subsection
4
question
number
four
.
When
the
10
employee’s
earnings
are
reasonably
expected
to
be
more
than
11
twelve
thousand
dollars
the
maximum
amount
of
those
earnings
12
which
may
be
garnished
during
a
calendar
year
for
each
creditor
13
is
as
follows:
14
Sec.
78.
Section
692A.118,
subsection
11,
Code
2011,
is
15
amended
to
read
as
follows:
16
11.
When
the
department
has
a
reasonable
basis
to
believe
17
that
a
sex
offender
has
changed
residence
to
an
unknown
18
location,
has
become
a
fugitive
from
justice,
or
who
has
19
otherwise
taken
flight,
the
department
shall
make
a
reasonable
20
effort
to
ascertain
the
whereabouts
of
the
offender,
and
if
21
such
effort
fails
to
identify
the
location
of
the
offender,
an
22
appropriate
notice
shall
be
made
on
the
sex
offender
registry
23
internet
site
of
this
state
and
shall
be
transmitted
to
the
24
national
sex
offender
registry.
The
department
shall
notify
25
other
law
enforcement
agencies
as
deemed
appropriate.
26
Sec.
79.
Section
904.312B,
Code
2011,
is
amended
to
read
as
27
follows:
28
904.312B
Purchase
of
bio-based
biobased
hydraulic
fluids,
29
greases,
and
other
industrial
lubricants.
30
The
department
when
purchasing
hydraulic
fluids,
greases,
31
and
other
industrial
lubricants
shall
give
preference
to
32
purchasing
bio-based
biobased
hydraulic
fluids,
greases,
and
33
other
industrial
lubricants
as
provided
in
section
8A.316
.
34
Sec.
80.
CODE
EDITOR
DIRECTIVE.
Section
135.80
shall
be
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transferred
to
new
section
135.180.
1
Sec.
81.
2010
Iowa
Acts,
chapter
1192,
section
78,
is
2
amended
by
striking
the
section
and
inserting
in
lieu
thereof
3
the
following:
4
SEC.
78.
Section
135N.3,
subsection
2,
unnumbered
paragraph
5
1,
Code
2009,
is
amended
to
read
as
follows:
6
The
committee
shall
review
and
make
recommendations
to
the
7
director
center
for
congenital
and
inherited
disorders
advisory
8
committee
established
by
rule
of
the
department
pursuant
to
9
chapter
136A
concerning
but
not
limited
to
the
following:
10
DIVISION
II
11
VOLUME
IV
RENUMBERINGS
12
Sec.
82.
Section
422.60,
subsection
2,
Code
2011,
is
amended
13
to
read
as
follows:
14
2.
a.
In
addition
to
all
taxes
imposed
under
this
division
,
15
there
is
imposed
upon
each
financial
institution
doing
business
16
within
the
state
the
greater
of
the
tax
determined
in
section
17
422.63
or
the
state
alternative
minimum
tax
equal
to
sixty
18
percent
of
the
maximum
state
franchise
tax
rate,
rounded
to
19
the
nearest
one-tenth
of
one
percent,
of
the
state
alternative
20
minimum
taxable
income
of
the
taxpayer
computed
under
this
21
subsection
.
22
b.
The
state
alternative
minimum
taxable
income
of
a
23
taxpayer
is
equal
to
the
taxpayer’s
state
taxable
income
as
24
computed
with
the
adjustments
in
section
422.61,
subsection
3
,
25
and
with
the
following
adjustments:
26
a.
(1)
Add
items
of
tax
preference
included
in
federal
27
alternative
minimum
taxable
income
under
section
57,
except
28
subsections
(a)(1)
and
(a)(5),
of
the
Internal
Revenue
Code,
29
make
the
adjustments
included
in
federal
alternative
minimum
30
taxable
income
under
section
56,
except
subsections
(a)(4),
31
(c)(1),
(d),
and
(g),
of
the
Internal
Revenue
Code,
and
add
32
losses
as
required
by
section
58
of
the
Internal
Revenue
Code.
33
b.
(2)
Make
the
adjustments
provided
in
section
56(c)(1)
34
of
the
Internal
Revenue
Code,
except
that
in
making
the
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calculation
under
section
56(g)(1)
of
the
Internal
Revenue
Code
1
the
state
alternative
minimum
taxable
income,
computed
without
2
regard
to
the
adjustments
made
by
this
paragraph
subparagraph
,
3
the
exemption
provided
for
in
paragraph
“d”
subparagraph
(4)
,
4
and
the
state
alternative
tax
net
operating
loss
described
in
5
paragraph
“e”
subparagraph
(5)
,
shall
be
substituted
for
the
6
items
described
in
section
56(g)(1)(B)
of
the
Internal
Revenue
7
Code.
8
c.
(3)
Apply
the
allocation
and
apportionment
provisions
9
of
section
422.63
.
10
d.
(4)
Subtract
an
exemption
amount
of
forty
thousand
11
dollars.
This
exemption
amount
shall
be
reduced,
but
not
12
below
zero,
by
an
amount
equal
to
twenty-five
percent
of
the
13
amount
by
which
the
alternative
minimum
taxable
income
of
the
14
taxpayer,
computed
without
regard
to
the
exemption
amount
in
15
this
paragraph
subparagraph
,
exceeds
one
hundred
fifty
thousand
16
dollars.
17
e.
(5)
In
the
case
of
a
net
operating
loss
beginning
18
after
December
31,
1986,
which
is
carried
back
or
carried
19
forward
to
the
current
taxable
year,
the
net
operating
loss
20
shall
be
reduced
by
the
amount
of
items
of
tax
preference
21
and
adjustments
arising
in
the
tax
year
which
was
taken
into
22
account
in
computing
the
net
operating
loss
in
section
422.35,
23
subsection
11
.
The
deduction
for
a
net
operating
loss
for
a
24
tax
year
beginning
after
December
31,
1986,
which
is
carried
25
back
or
carried
forward
to
the
current
taxable
year
shall
not
26
exceed
ninety
percent
of
the
alternative
minimum
taxable
income
27
determined
without
regard
for
the
net
operating
loss
deduction.
28
Sec.
83.
Section
422D.1,
subsections
1
and
2,
Code
2011,
are
29
amended
to
read
as
follows:
30
1.
a.
A
county
board
of
supervisors
may
offer
for
voter
31
approval
any
of
the
following
taxes
or
a
combination
of
the
32
following
taxes:
33
a.
(1)
Local
option
income
surtax.
34
b.
(2)
An
ad
valorem
property
tax.
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566
b.
Revenues
generated
from
these
taxes
shall
be
used
for
1
emergency
medical
services
as
provided
in
section
422D.6
.
2
2.
a.
The
taxes
for
emergency
medical
services
shall
only
3
be
imposed
after
an
election
at
which
a
majority
of
those
4
voting
on
the
question
of
imposing
the
tax
or
combination
of
5
taxes
specified
in
subsection
1
,
paragraph
“a”
,
subparagraph
6
(1)
or
“b”
(2)
,
vote
in
favor
of
the
question.
However,
the
7
tax
or
combination
of
taxes
specified
in
subsection
1
shall
not
8
be
imposed
on
property
within
or
on
residents
of
a
benefited
9
emergency
medical
services
district
under
chapter
357F
.
The
10
question
of
imposing
the
tax
or
combination
of
the
taxes
may
11
be
submitted
at
the
regular
city
election,
a
special
election,
12
or
state
general
election.
Notice
of
the
question
shall
be
13
provided
by
publication
at
least
sixty
days
before
the
time
14
of
the
election
and
shall
identify
the
tax
or
combination
of
15
taxes
and
the
rate
or
rates,
as
applicable.
If
a
majority
of
16
those
voting
on
the
question
approve
the
imposition
of
the
tax
17
or
combination
of
taxes,
the
tax
or
combination
of
taxes
shall
18
be
imposed
as
follows:
19
a.
(1)
A
local
option
income
surtax
shall
be
imposed
for
20
tax
years
beginning
on
or
after
January
1
of
the
fiscal
year
in
21
which
the
favorable
election
was
held.
22
b.
(2)
An
ad
valorem
property
tax
shall
be
imposed
for
the
23
fiscal
year
in
which
the
election
was
held.
24
b.
Before
a
county
imposes
an
income
surtax
as
specified
25
in
subsection
1
,
paragraph
“a”
,
subparagraph
(1),
a
benefited
26
emergency
medical
services
district
in
the
county
shall
be
27
dissolved,
and
the
county
shall
be
liable
for
the
outstanding
28
obligations
of
the
benefited
district.
If
the
benefited
29
district
extends
into
more
than
one
county,
the
county
imposing
30
the
income
surtax
shall
be
liable
for
only
that
portion
of
the
31
obligations
relating
to
the
portion
of
the
benefited
district
32
in
the
county.
33
Sec.
84.
Section
423.1,
subsections
35
and
36,
Code
2011,
34
are
amended
to
read
as
follows:
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35.
“Place
of
business”
means
any
warehouse,
store,
1
place,
office,
building,
or
structure
where
goods,
wares,
or
2
merchandise
are
offered
for
sale
at
retail
or
where
any
taxable
3
amusement
is
conducted,
or
each
office
where
gas,
water,
4
heat,
communication,
or
electric
services
are
offered
for
5
sale
at
retail.
When
a
retailer
or
amusement
operator
sells
6
merchandise
by
means
of
vending
machines
or
operates
music
or
7
amusement
devices
by
coin-operated
machines
at
more
than
one
8
location
within
the
state,
the
office,
building,
or
place
where
9
the
books,
papers,
and
records
of
the
taxpayer
are
kept
shall
10
be
deemed
to
be
the
taxpayer’s
place
of
business.
11
When
a
retailer
or
amusement
operator
sells
merchandise
12
by
means
of
vending
machines
or
operates
music
or
amusement
13
devices
by
coin-operated
machines
at
more
than
one
location
14
within
the
state,
the
office,
building,
or
place
where
the
15
books,
papers,
and
records
of
the
taxpayer
are
kept
shall
be
16
deemed
to
be
the
taxpayer’s
place
of
business.
17
36.
“Prewritten
computer
software”
includes
software
18
designed
and
developed
by
the
author
or
other
creator
to
the
19
specifications
of
a
specific
purchaser
when
it
is
sold
to
a
20
person
other
than
the
purchaser.
The
combining
of
two
or
more
21
prewritten
computer
software
programs
or
prewritten
portions
22
of
prewritten
programs
does
not
cause
the
combination
to
be
23
other
than
prewritten
computer
software.
“Prewritten
computer
24
software”
also
means
computer
software,
including
prewritten
25
upgrades,
which
is
not
designed
and
developed
by
the
author
or
26
other
creator
to
the
specifications
of
a
specific
purchaser.
27
When
a
person
modifies
or
enhances
computer
software
of
which
28
the
person
is
not
the
author
or
creator,
the
person
shall
29
be
deemed
to
be
the
author
or
creator
only
of
such
person’s
30
modifications
or
enhancements.
Prewritten
computer
software
31
or
a
prewritten
portion
of
the
prewritten
software
that
is
32
modified
or
enhanced
to
any
degree,
when
such
modification
or
33
enhancement
is
designed
and
developed
to
the
specifications
of
34
a
specific
purchaser,
remains
prewritten
computer
software.
35
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However,
when
there
is
a
reasonable,
separately
stated
1
charge
or
an
invoice
or
other
statement
of
the
price
given
2
to
the
purchaser
for
such
modification
or
enhancement,
such
3
modification
or
enhancement
shall
not
constitute
prewritten
4
computer
software.
5
When
a
person
modifies
or
enhances
computer
software
of
6
which
the
person
is
not
the
author
or
creator,
the
person
shall
7
be
deemed
to
be
the
author
or
creator
only
of
such
person’s
8
modifications
or
enhancements.
Prewritten
computer
software
9
or
a
prewritten
portion
of
the
prewritten
software
that
is
10
modified
or
enhanced
to
any
degree,
when
such
modification
or
11
enhancement
is
designed
and
developed
to
the
specifications
of
12
a
specific
purchaser,
remains
prewritten
computer
software.
13
However,
when
there
is
a
reasonable,
separately
stated
14
charge
or
an
invoice
or
other
statement
of
the
price
given
15
to
the
purchaser
for
such
modification
or
enhancement,
such
16
modification
or
enhancement
shall
not
constitute
prewritten
17
computer
software.
18
Sec.
85.
Section
423.3,
subsection
60,
unnumbered
19
paragraphs
1
and
2,
Code
2011,
are
amended
to
read
as
follows:
20
The
sales
price
from
the
sale
or
rental
of
prescription
21
drugs,
durable
medical
equipment,
mobility
enhancing
equipment,
22
prosthetic
devices,
and
other
medical
devices
intended
for
23
human
use
or
consumption.
For
the
purposes
of
this
subsection:
24
For
the
purposes
of
this
subsection
:
25
Sec.
86.
Section
423.3,
subsection
68,
paragraph
c,
26
subparagraph
(1),
Code
2011,
is
amended
to
read
as
follows:
27
(1)
“Clothing”
means
all
human
wearing
apparel
suitable
for
28
general
use.
29
(a)
“Clothing”
includes
but
is
not
limited
to
the
30
following:
aprons,
household
and
shop;
athletic
supporters;
31
baby
receiving
blankets;
bathing
suits
and
caps;
beach
capes
32
and
coats;
belts
and
suspenders;
boots;
coats
and
jackets;
33
costumes;
diapers
(children
and
adults,
including
disposable
34
diapers);
earmuffs;
footlets;
formal
wear;
garters
and
garter
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belts;
girdles;
gloves
and
mittens
for
general
use;
hats
1
and
caps;
hosiery;
insoles
for
shoes;
lab
coats;
neckties;
2
overshoes;
pantyhose;
rainwear;
rubber
pants;
sandals;
3
scarves;
shoes
and
shoelaces;
slippers;
sneakers;
socks
and
4
stockings;
steel-toed
shoes;
underwear;
uniforms,
athletic
and
5
nonathletic;
and
wedding
apparel.
6
(b)
“Clothing”
does
not
include
the
following:
belt
7
buckles
sold
separately;
costume
masks
sold
separately;
patches
8
and
emblems
sold
separately;
sewing
equipment
and
supplies
9
(including
but
not
limited
to
knitting
needles,
patterns,
pins,
10
scissors,
sewing
machines,
sewing
needles,
tape
measures,
and
11
thimbles);
and
sewing
materials
that
become
part
of
clothing
12
(including
but
not
limited
to
buttons,
fabric,
lace,
thread,
13
yarn,
and
zippers).
14
Sec.
87.
Section
423.3,
subsection
77,
Code
2011,
is
amended
15
to
read
as
follows:
16
77.
a.
The
sales
price
from
the
sale
of
aircraft
to
an
17
aircraft
dealer
who
in
turn
rents
or
leases
the
aircraft
if
all
18
of
the
following
apply:
19
a.
(1)
The
aircraft
is
kept
in
the
inventory
of
the
dealer
20
for
sale
at
all
times.
21
b.
(2)
The
dealer
reserves
the
right
to
immediately
take
22
the
aircraft
from
the
renter
or
lessee
when
a
buyer
is
found.
23
c.
(3)
The
renter
or
lessee
is
aware
that
the
dealer
will
24
immediately
take
the
aircraft
when
a
buyer
is
found.
25
b.
If
an
aircraft
exempt
under
this
subsection
is
used
for
26
any
purpose
other
than
leasing
or
renting,
or
the
conditions
27
in
paragraphs
paragraph
“a”
,
“b”
,
and
“c”
subparagraphs
(1),
28
(2),
and
(3),
are
not
continuously
met,
the
dealer
claiming
29
the
exemption
under
this
subsection
is
liable
for
the
tax
that
30
would
have
been
due
except
for
this
subsection
.
The
tax
shall
31
be
computed
upon
the
original
purchase
price.
32
Sec.
88.
Section
423.6,
subsection
15,
Code
2011,
is
amended
33
to
read
as
follows:
34
15.
a.
Aircraft
sold
to
an
aircraft
dealer
who
in
turn
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566
rents
or
leases
the
aircraft
if
all
of
the
following
apply:
1
a.
(1)
The
aircraft
is
kept
in
the
inventory
of
the
dealer
2
for
sale
at
all
times.
3
b.
(2)
The
dealer
reserves
the
right
to
immediately
take
4
the
aircraft
from
the
renter
or
lessee
when
a
buyer
is
found.
5
c.
(3)
The
renter
or
lessee
is
aware
that
the
dealer
will
6
immediately
take
the
aircraft
when
a
buyer
is
found.
7
b.
If
an
aircraft
exempt
under
this
subsection
is
used
for
8
any
purpose
other
than
leasing
or
renting,
or
the
conditions
9
in
paragraphs
paragraph
“a”
,
“b”
,
and
“c”
subparagraphs
(1),
10
(2),
and
(3),
are
not
continuously
met,
the
dealer
claiming
11
the
exemption
under
this
subsection
is
liable
for
the
tax
that
12
would
have
been
due
except
for
this
subsection
.
The
tax
shall
13
be
computed
upon
the
original
purchase
price.
14
Sec.
89.
Section
425.17,
subsection
2,
Code
2011,
is
amended
15
to
read
as
follows:
16
2.
a.
“Claimant”
means
either
of
the
following:
17
a.
(1)
A
person
filing
a
claim
for
credit
or
reimbursement
18
under
this
division
who
has
attained
the
age
of
sixty-five
19
years
on
or
before
December
31
of
the
base
year
or
who
is
20
totally
disabled
and
was
totally
disabled
on
or
before
December
21
31
of
the
base
year
and
is
domiciled
in
this
state
at
the
time
22
the
claim
is
filed
or
at
the
time
of
the
person’s
death
in
the
23
case
of
a
claim
filed
by
the
executor
or
administrator
of
the
24
claimant’s
estate.
25
b.
(2)
A
person
filing
a
claim
for
credit
or
reimbursement
26
under
this
division
who
has
attained
the
age
of
twenty-three
27
years
on
or
before
December
31
of
the
base
year
or
was
a
head
28
of
household
on
December
31
of
the
base
year,
as
defined
in
29
the
Internal
Revenue
Code,
but
has
not
attained
the
age
or
30
disability
status
described
in
paragraph
“a”
,
subparagraph
(1),
31
and
is
domiciled
in
this
state
at
the
time
the
claim
is
filed
or
32
at
the
time
of
the
person’s
death
in
the
case
of
a
claim
filed
33
by
the
executor
or
administrator
of
the
claimant’s
estate,
and
34
was
not
claimed
as
a
dependent
on
any
other
person’s
tax
return
35
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for
the
base
year.
1
b.
“Claimant”
under
paragraph
“a”
,
subparagraph
(1)
or
“b”
2
(2),
includes
a
vendee
in
possession
under
a
contract
for
deed
3
and
may
include
one
or
more
joint
tenants
or
tenants
in
common.
4
In
the
case
of
a
claim
for
rent
constituting
property
taxes
5
paid,
the
claimant
shall
have
rented
the
property
during
any
6
part
of
the
base
year.
In
the
case
of
a
claim
for
property
7
taxes
due,
the
claimant
shall
have
occupied
the
property
during
8
any
part
of
the
fiscal
year
beginning
July
1
of
the
base
year.
9
If
a
homestead
is
occupied
by
two
or
more
persons,
and
more
10
than
one
person
is
able
to
qualify
as
a
claimant,
the
persons
11
may
each
file
a
claim
based
upon
each
person’s
income
and
rent
12
constituting
property
taxes
paid
or
property
taxes
due.
13
Sec.
90.
Section
435.22,
Code
2011,
is
amended
to
read
as
14
follows:
15
435.22
Annual
tax
——
credit.
16
1.
The
owner
of
each
mobile
home
or
manufactured
home
17
located
within
a
manufactured
home
community
or
mobile
home
18
park
shall
pay
to
the
county
treasurer
an
annual
tax.
However,
19
when
the
owner
is
any
educational
institution
and
the
home
20
is
used
solely
for
student
housing
or
when
the
owner
is
the
21
state
of
Iowa
or
a
subdivision
of
the
state,
the
owner
shall
22
be
exempt
from
the
tax.
The
annual
tax
shall
be
computed
as
23
follows:
24
1.
a.
Multiply
the
number
of
square
feet
of
floor
space
25
each
home
contains
when
parked
and
in
use
by
twenty
cents.
In
26
computing
floor
space,
the
exterior
measurements
of
the
home
27
shall
be
used
as
shown
on
the
certificate
of
title,
but
not
28
including
any
area
occupied
by
a
hitching
device.
29
2.
b.
(1)
If
the
owner
of
the
home
is
an
Iowa
resident,
30
has
attained
the
age
of
twenty-three
years
on
or
before
31
December
31
of
the
base
year,
and
has
an
income
when
included
32
with
that
of
a
spouse
which
is
less
than
eight
thousand
five
33
hundred
dollars
per
year,
the
annual
tax
shall
not
be
imposed
34
on
the
home.
If
the
income
is
eight
thousand
five
hundred
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dollars
or
more
but
less
than
sixteen
thousand
five
hundred
1
dollars,
the
annual
tax
shall
be
computed
as
follows:
2
If
the
Household
Annual
Tax
Per
3
Income
is:
Square
Foot:
4
$
8,500
——
9,499.99
3.0
cents
5
9,500
——
10,499.99
6.0
6
10,500
——
12,499.99
10.0
7
12,500
——
14,499.99
13.0
8
14,500
——
16,499.99
15.0
9
(2)
For
purposes
of
this
subsection
paragraph
“b”
,
“income”
10
means
income
as
defined
in
section
425.17,
subsection
7
,
and
11
“base
year”
means
the
calendar
year
preceding
the
year
in
which
12
the
claim
for
a
reduced
rate
of
tax
is
filed.
The
home
reduced
13
rate
of
tax
shall
only
be
allowed
on
the
home
in
which
the
14
claimant
is
residing
at
the
time
the
claim
for
a
reduced
rate
15
of
tax
is
filed
or
was
residing
at
the
time
of
the
claimant’s
16
death
in
the
case
of
a
claim
filed
on
behalf
of
a
deceased
17
claimant
by
the
claimant’s
legal
guardian,
spouse,
or
attorney,
18
or
by
the
executor
or
administrator
of
the
claimant’s
estate.
19
(3)
Beginning
with
the
1998
base
year,
the
income
dollar
20
amounts
set
forth
in
this
subsection
paragraph
“b”
shall
be
21
multiplied
by
the
cumulative
adjustment
factor
for
that
base
22
year
as
determined
in
section
425.23,
subsection
4
.
23
3.
2.
The
amount
thus
computed
shall
be
the
annual
tax
for
24
all
homes,
except
as
follows:
25
a.
For
the
sixth
through
ninth
years
after
the
year
of
26
manufacture
the
annual
tax
is
ninety
percent
of
the
tax
27
computed
according
to
subsection
1
,
paragraph
“a”
or
2
of
this
28
section
“b”
,
whichever
is
applicable.
29
b.
For
all
homes
ten
or
more
years
after
the
year
of
30
manufacture
the
annual
tax
is
eighty
percent
of
the
tax
31
computed
according
to
subsection
1
,
paragraph
“a”
or
2
of
this
32
section
“b”
,
whichever
is
applicable.
33
4.
3.
The
tax
shall
be
figured
to
the
nearest
even
whole
34
dollar.
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5.
4.
a.
A
claim
for
credit
for
manufactured
or
mobile
1
home
tax
due
shall
not
be
paid
or
allowed
unless
the
claim
is
2
actually
filed
with
the
county
treasurer
between
January
1
and
3
June
1,
both
dates
inclusive,
immediately
preceding
the
fiscal
4
year
during
which
the
home
taxes
are
due.
However,
in
case
of
5
sickness,
absence,
or
other
disability
of
the
claimant,
or
if
6
in
the
judgment
of
the
county
treasurer
good
cause
exists,
the
7
county
treasurer
may
extend
the
time
for
filing
a
claim
for
8
credit
through
September
30
of
the
same
calendar
year.
The
9
county
treasurer
shall
certify
to
the
director
of
revenue
on
or
10
before
November
15
each
year
the
total
dollar
amount
due
for
11
claims
allowed.
12
b.
The
forms
for
filing
the
claim
shall
be
provided
by
the
13
department
of
revenue.
The
forms
shall
require
information
as
14
determined
by
the
department.
15
c.
In
case
of
sickness,
absence,
or
other
disability
of
the
16
claimant
or
if,
in
the
judgment
of
the
director
of
revenue,
17
good
cause
exists
and
the
claimant
requests
an
extension,
the
18
director
may
extend
the
time
for
filing
a
claim
for
credit
19
or
reimbursement.
However,
any
further
time
granted
shall
20
not
extend
beyond
December
31
of
the
year
in
which
the
claim
21
was
required
to
be
filed.
Claims
filed
as
a
result
of
this
22
paragraph
shall
be
filed
with
the
director
who
shall
provide
23
for
the
reimbursement
of
the
claim
to
the
claimant.
24
d.
The
director
of
revenue
shall
certify
the
amount
due
to
25
each
county,
which
amount
shall
be
the
dollar
amount
which
will
26
not
be
collected
due
to
the
granting
of
the
reduced
tax
rate
27
under
subsection
2
1,
paragraph
“b”
.
28
e.
The
amounts
due
each
county
shall
be
paid
by
the
29
department
of
revenue
on
December
15
of
each
year,
drawn
upon
30
warrants
payable
to
the
respective
county
treasurers.
The
31
county
treasurer
in
each
county
shall
apportion
the
payment
in
32
accordance
with
section
435.25
.
33
f.
There
is
appropriated
annually
from
the
general
fund
of
34
the
state
to
the
department
of
revenue
an
amount
sufficient
to
35
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carry
out
this
subsection
.
1
Sec.
91.
Section
437A.3,
subsection
1,
Code
2011,
is
amended
2
to
read
as
follows:
3
1.
a.
“Assessed
value”
means
the
base
year
assessed
value,
4
as
adjusted
by
section
437A.19,
subsection
2
.
5
(1)
“Base
year
assessed
value”
,
for
a
taxpayer
other
than
an
6
electric
company,
natural
gas
company,
or
electric
cooperative,
7
means
the
value
attributable
to
property
identified
in
8
section
427A.1,
subsection
1
,
paragraph
“h”
,
certified
by
the
9
department
of
revenue
to
the
county
auditors
for
the
assessment
10
date
of
January
1,
1997,
and
the
value
attributable
to
property
11
identified
in
section
427A.1
and
section
427B.17,
subsection
12
5
,
as
certified
by
the
local
assessors
to
the
county
auditors
13
for
the
assessment
date
of
January
1,
1997,
provided,
that
14
for
a
taxpayer
subject
to
section
437A.17A
,
such
value
shall
15
be
the
value
certified
by
the
department
of
revenue
and
local
16
assessors
to
the
county
auditors
for
the
assessment
date
of
17
January
1,
1998.
18
(2)
However,
“base
year
assessed
value”
,
for
purposes
19
of
property
of
a
taxpayer
that
is
a
municipal
utility,
if
20
the
property
is
not
a
major
addition,
and
the
property
was
21
initially
assessed
to
the
taxpayer
as
of
January
1,
1998,
and
22
is
not
located
in
a
county
where
the
taxpayer
had
property
23
that
was
assessed
for
purposes
of
this
chapter
as
of
January
24
1,
1997,
means
the
value
attributable
to
such
property
for
the
25
assessment
date
of
January
1,
1998.
26
(3)
For
taxpayers
that
are
electric
companies,
natural
27
gas
companies,
and
electric
cooperatives,
“base
year
assessed
28
value”
means
the
average
of
the
total
of
these
values
for
each
29
taxpayer
for
the
assessment
dates
of
January
1,
1993,
through
30
January
1,
1997,
allocated
among
taxing
districts
in
proportion
31
to
the
allocation
of
the
taxpayer’s
January
1,
1998,
assessed
32
value
among
taxing
districts.
33
(4)
“Base
year
assessed
value”
does
not
include
value
34
attributable
to
steam-operating
property.
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b.
For
new
cogeneration
facilities,
the
assessed
value
shall
1
be
determined
as
provided
in
section
437A.16A
.
2
Sec.
92.
Section
437A.4,
subsection
8,
Code
2011,
is
amended
3
to
read
as
follows:
4
8.
a.
If
for
any
tax
year
after
calendar
year
1998,
the
5
total
taxable
kilowatt-hours
of
electricity
required
to
be
6
reported
by
taxpayers
pursuant
to
section
437A.8,
subsection
1
,
7
paragraphs
“a”
and
“b”
,
with
respect
to
any
electric
competitive
8
service
area,
increases
or
decreases
by
more
than
the
threshold
9
percentage
from
the
average
of
the
base
year
amounts
for
that
10
electric
competitive
service
area
during
the
immediately
11
preceding
five
calendar
years,
the
tax
rate
imposed
under
12
subsection
1
,
paragraph
“a”
,
and
subsection
2
,
for
that
tax
13
year
shall
be
recalculated
by
the
director
for
that
electric
14
competitive
service
area
so
that
the
total
of
the
replacement
15
electric
delivery
taxes
required
to
be
reported
pursuant
to
16
section
437A.8,
subsection
1
,
paragraph
“e”
,
for
that
electric
17
competitive
service
area
with
respect
to
the
tax
imposed
under
18
subsection
1
,
paragraph
“a”
,
and
subsection
2
,
shall
be
as
19
follows:
20
a.
(1)
If
the
number
of
kilowatt-hours
of
electricity
21
required
to
be
reported
increased
by
more
than
the
threshold
22
percentage,
one
hundred
two
percent
of
such
taxes
required
to
23
be
reported
by
taxpayers
for
that
electric
competitive
service
24
area
for
the
immediately
preceding
tax
year.
25
b.
(2)
If
the
number
of
kilowatt-hours
of
electricity
26
required
to
be
reported
decreased
by
more
than
the
threshold
27
percentage,
ninety-eight
percent
of
such
taxes
required
to
be
28
reported
by
taxpayers
for
that
electric
competitive
service
29
area
for
the
immediately
preceding
tax
year.
30
b.
For
purposes
of
paragraphs
“a”
and
“b”
paragraph
31
“a”
,
subparagraphs
(1)
and
(2)
,
in
computing
the
tax
rate
32
under
subsection
1
,
paragraph
“a”
,
and
subsection
2
,
for
tax
33
year
1999,
the
director
shall
use
the
electric
delivery
tax
34
component
computed
for
the
electric
competitive
service
area
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pursuant
to
subsection
3
,
paragraph
“c”
,
in
lieu
of
the
taxes
1
required
to
be
reported
for
that
electric
competitive
service
2
area
for
the
immediately
preceding
tax
year.
3
c.
The
threshold
percentage
shall
be
determined
annually
4
and
shall
be
eight
percent
for
any
electric
competitive
5
service
area
in
which
the
average
of
the
base
year
amounts
6
for
the
preceding
five
calendar
years
does
not
exceed
three
7
billion
kilowatt-hours,
and
ten
percent
for
all
other
electric
8
competitive
service
areas.
9
d.
Any
such
recalculation
of
an
electric
delivery
tax
rate,
10
if
required,
shall
be
made
and
the
new
rate
shall
be
published
11
in
the
Iowa
administrative
bulletin
by
the
director
by
no
12
later
than
May
31
following
the
tax
year.
The
director
shall
13
adjust
the
tentative
replacement
tax
imposed
by
subsection
14
1
,
paragraph
“a”
,
and
subsection
2
required
to
be
shown
on
15
any
affected
taxpayer’s
return
pursuant
to
section
437A.8,
16
subsection
1
,
paragraph
“e”
,
to
reflect
the
adjusted
delivery
17
tax
rate
for
the
tax
year,
and
report
such
adjustment
to
the
18
affected
taxpayer
on
or
before
June
30
following
the
tax
year.
19
The
new
electric
delivery
tax
rate
shall
apply
prospectively,
20
until
such
time
as
further
adjustment
is
required.
21
e.
For
purposes
of
this
section
,
“base
year
amount”
means
22
for
calendar
years
prior
to
tax
year
1999,
the
sum
of
the
23
kilowatt-hours
of
electricity
delivered
to
consumers
within
an
24
electric
competitive
service
area
by
the
taxpayer
principally
25
serving
such
electric
competitive
service
area
which
would
26
have
been
subject
to
taxation
under
this
section
had
this
27
section
been
in
effect
for
those
years;
and
for
tax
years
after
28
calendar
year
1998,
the
taxable
kilowatt-hours
of
electricity
29
required
to
be
reported
by
taxpayers
pursuant
to
section
30
437A.8,
subsection
1
,
paragraphs
“a”
and
“b”
,
with
respect
to
31
any
electric
competitive
service
area.
32
Sec.
93.
Section
437A.5,
subsection
8,
paragraph
c,
Code
33
2011,
is
amended
to
read
as
follows:
34
c.
(1)
For
purposes
of
paragraphs
“a”
and
“b”
,
in
computing
35
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the
tax
rate
under
subsection
1
,
paragraph
“a”
,
and
subsection
1
2
for
calendar
year
1999,
the
director
shall
use
the
average
2
centrally
assessed
property
tax
liability
allocated
to
natural
3
gas
service
computed
for
the
natural
gas
competitive
service
4
area
pursuant
to
subsection
3
,
paragraph
“a”
,
in
lieu
of
the
5
taxes
required
to
be
reported
for
that
natural
gas
competitive
6
service
area
for
the
immediately
preceding
tax
year.
7
(2)
The
threshold
percentage
shall
be
determined
annually
8
and
shall
be
eight
percent
for
any
natural
gas
competitive
9
service
area
in
which
the
average
of
the
base
year
amounts
for
10
the
preceding
five
calendar
years
does
not
exceed
two
hundred
11
fifty
million
therms,
and
ten
percent
for
all
other
natural
gas
12
competitive
service
areas.
13
(3)
Recalculation
of
a
natural
gas
delivery
tax
rate,
if
14
required,
shall
be
made
and
the
new
rate
published
in
the
Iowa
15
administrative
bulletin
by
the
director
by
no
later
than
May
16
31
following
the
tax
year.
The
director
shall
adjust
the
17
tentative
replacement
tax
imposed
by
subsection
1
,
paragraph
18
“a”
,
and
subsection
2
required
to
be
shown
on
any
affected
19
taxpayer’s
return
pursuant
to
section
437A.8,
subsection
1
,
20
paragraph
“e”
,
to
reflect
the
adjusted
delivery
tax
rate
for
the
21
tax
year,
and
report
such
adjustment
to
the
affected
taxpayer
22
on
or
before
June
30
following
the
tax
year.
The
new
natural
23
gas
delivery
tax
rate
shall
apply
prospectively,
until
such
24
time
as
further
adjustment
is
required.
25
(4)
For
purposes
of
this
subsection
,
“base
year
amount”
26
means
for
calendar
years
prior
to
tax
year
1999,
the
sum
of
the
27
therms
of
natural
gas
delivered
to
consumers
within
a
natural
28
gas
competitive
service
area
by
the
taxpayer
principally
29
serving
such
natural
gas
competitive
service
area
which
would
30
have
been
subject
to
taxation
under
this
section
had
this
31
section
been
in
effect
for
those
years;
and
for
tax
years
32
after
calendar
year
1998,
the
taxable
therms
of
natural
gas
33
required
to
be
reported
by
taxpayers
pursuant
to
section
34
437A.8,
subsection
1
,
paragraphs
“a”
and
“b”
,
with
respect
to
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any
natural
gas
competitive
service
area.
1
Sec.
94.
Section
437A.14,
subsection
3,
Code
2011,
is
2
amended
to
read
as
follows:
3
3.
Unless
otherwise
expressly
permitted
by
a
section
4
referencing
this
chapter
,
the
kilowatt-hours
of
electricity
5
or
therms
of
natural
gas
delivered
by
a
taxpayer
in
a
6
competitive
service
area
shall
not
be
divulged
to
any
person
7
or
entity,
other
than
the
taxpayer,
the
department,
or
the
8
internal
revenue
service
for
use
in
a
matter
unrelated
to
tax
9
administration.
This
prohibition
precludes
persons
or
entities
10
other
than
the
taxpayer,
the
department,
or
the
internal
11
revenue
service
from
obtaining
such
information
from
the
12
department.
A
subpoena,
order,
or
process
which
requires
the
13
department
to
produce
such
information
to
a
person
or
entity,
14
other
than
the
taxpayer,
the
department,
or
internal
revenue
15
service,
for
use
in
a
nontax
proceeding
is
void.
16
This
prohibition
precludes
persons
or
entities
other
than
17
the
taxpayer,
the
department,
or
the
internal
revenue
service
18
from
obtaining
such
information
from
the
department.
A
19
subpoena,
order,
or
process
which
requires
the
department
to
20
produce
such
information
to
a
person
or
entity,
other
than
the
21
taxpayer,
the
department,
or
internal
revenue
service,
for
use
22
in
a
nontax
proceeding
is
void.
23
Sec.
95.
Section
441.5,
Code
2011,
is
amended
to
read
as
24
follows:
25
441.5
Examination
and
certification
of
applicants
——
26
incumbents.
27
1.
For
the
purpose
of
examining
and
certifying
candidates
28
for
the
positions
of
assessor
and
deputy
assessor,
the
director
29
of
revenue
shall
prepare
and
administer
a
written
examination.
30
The
examinations
shall
be
administered
twice
each
year
in
the
31
city
of
Des
Moines.
Notification
of
the
time,
place
and
date
32
of
the
examinations
shall
be
mailed
to
each
city
and
county
33
assessor,
county
auditor
and
chairperson
of
each
city
and
34
county
conference
board
at
least
thirty
days
prior
to
the
date
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of
the
examination.
1
2.
These
examinations
shall
be
conducted
by
the
director
2
of
revenue
in
the
same
manner
as
other
similar
examinations,
3
including
secrecy
regarding
questions
prior
to
the
examination
4
and
in
accordance
with
other
rules
as
may
be
prescribed
by
the
5
director
of
revenue.
The
examination
shall
cover
the
following
6
and
related
subjects:
7
1.
a.
Laws
pertaining
to
the
assessment
of
property
for
8
taxation,
with
emphasis
on
market
value
assessment
as
provided
9
in
this
chapter
.
10
2.
b.
Laws
on
tax
exemption.
11
3.
c.
Assessment
of
real
estate
and
personal
property,
12
including
market
value
assessment
in
accordance
with
this
13
chapter
and
including
fundamental
principles
and
practices
of
14
property
appraisal
and
valuation
which
are
consistent
with
15
market
value
assessment
as
provided
in
this
chapter
.
16
4.
d.
The
rights
of
taxpayers
and
property
owners
related
17
to
the
assessment
of
property
for
taxation.
18
5.
e.
The
duties
of
the
assessor.
19
6.
f.
Other
items
related
to
the
position
of
assessor.
20
3.
Only
individuals
who
possess
a
high
school
diploma
or
21
its
equivalent
are
eligible
to
take
the
examination.
A
person
22
desiring
to
take
the
examination
shall
complete
an
application
23
prior
to
the
administration
of
the
examination.
24
4.
The
director
of
revenue
shall
grade
the
examination
25
taken.
The
director
shall
notify,
in
writing,
each
applicant
26
of
the
score
attained
by
the
applicant
on
the
examination.
An
27
individual
who
attains
a
score
of
seventy
percent
or
greater
on
28
the
examination
is
eligible
to
be
certified
by
the
director
of
29
revenue
as
a
candidate
for
any
assessor
position.
Any
person
30
who
passes
the
examination
and
who
possesses
at
least
two
years
31
of
appraisal
related
experience
as
determined
by
the
director
32
of
revenue
shall
be
granted
regular
certification
and
become
33
eligible
for
appointment
to
a
six-year
term
as
assessor.
Any
34
person
who
passes
the
examination
but
who
lacks
such
experience
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shall
be
granted
temporary
certification,
and
shall
be
eligible
1
for
a
provisional
appointment
as
assessor.
2
5.
Any
person
possessing
temporary
certification
who
3
receives
a
provisional
appointment
as
assessor
shall,
during
4
the
person’s
first
eighteen
months
in
office,
be
required
to
5
complete
a
course
of
study
prescribed
and
administered
by
6
the
director
of
revenue.
Upon
the
successful
completion
of
7
this
course
of
study,
the
assessor
shall
be
granted
regular
8
certification
and
shall
be
eligible
to
remain
in
office
for
the
9
balance
of
the
assessor’s
six-year
term.
All
expenses
incurred
10
in
obtaining
regular
certification
shall
be
defrayed
by
the
11
assessment
expense
fund.
12
6.
Following
the
administration
of
the
examination,
the
13
director
of
revenue
shall
establish
a
register
containing
14
the
names,
in
alphabetical
order,
of
all
individuals
who
are
15
eligible
for
appointment
as
assessor.
The
test
scores
of
16
individuals
on
the
register
shall
be
given
to
a
city
or
county
17
conference
board
upon
request.
All
eligible
individuals
shall
18
remain
on
the
register
for
a
period
of
two
years
following
the
19
date
of
certification
granted
by
the
director.
20
7.
Incumbent
assessors
who
have
served
six
consecutive
21
years
shall
be
placed
on
the
register
of
individuals
eligible
22
for
appointment
as
assessor.
In
order
to
be
appointed
to
23
the
position
of
assessor,
the
assessor
shall
comply
with
the
24
continuing
education
requirements.
The
number
of
credits
25
required
for
certification
as
eligible
for
appointment
as
26
assessor
in
a
jurisdiction
other
than
where
the
assessor
is
27
currently
serving
shall
be
prorated
according
to
the
percentage
28
of
the
assessor’s
term
which
is
covered
by
the
continuing
29
education
requirements
of
section
441.8
.
The
credit
necessary
30
for
certification
for
appointment
is
the
product
of
one
hundred
31
fifty
multiplied
by
the
quotient
of
the
number
of
months
served
32
of
an
assessor’s
term
covered
by
the
continuing
education
33
requirements
of
section
441.8
divided
by
seventy-two.
If
the
34
number
of
credits
necessary
for
certification
for
appointment
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as
determined
under
this
paragraph
subsection
results
in
a
1
partial
credit
hour,
the
credit
hour
shall
be
rounded
to
the
2
nearest
whole
number.
3
Sec.
96.
Section
441.16,
Code
2011,
is
amended
to
read
as
4
follows:
5
441.16
Budget.
6
1.
All
expenditures
under
this
chapter
shall
be
paid
as
7
hereinafter
provided.
8
2.
Not
later
than
January
1
of
each
year
the
assessor,
the
9
examining
board,
and
the
board
of
review,
shall
each
prepare
a
10
proposed
budget
of
all
expenses
for
the
ensuing
fiscal
year.
11
The
assessor
shall
include
in
the
proposed
budget
the
probable
12
expenses
for
defending
assessment
appeals.
Said
budgets
shall
13
be
combined
by
the
assessor
and
copies
thereof
forthwith
filed
14
by
the
assessor
in
triplicate
with
the
chairperson
of
the
15
conference
board.
16
3.
Such
The
combined
budgets
shall
contain
an
itemized
list
17
of
the
proposed
salaries
of
the
assessor
and
each
deputy,
the
18
amount
required
for
field
personnel
and
other
personnel,
their
19
number
and
their
compensation;
the
estimated
amount
needed
for
20
expenses,
printing,
mileage
and
other
expenses
necessary
to
21
operate
the
assessor’s
office,
the
estimated
expenses
of
the
22
examining
board
and
the
salaries
and
expenses
of
the
local
23
board
of
review.
24
4.
Each
fiscal
year
the
chairperson
of
the
conference
board
25
shall,
by
written
notice,
call
a
meeting
of
the
conference
26
board
to
consider
the
proposed
budget
and
to
comply
with
27
section
24.9
.
28
5.
At
such
meeting
the
conference
board
shall
authorize:
29
1.
a.
The
number
of
deputies,
field
personnel,
and
other
30
personnel
of
the
assessor’s
office.
31
2.
b.
The
salaries
and
compensation
of
members
of
the
board
32
of
review,
the
assessor,
chief
deputy,
other
deputies,
field
33
personnel,
and
other
personnel,
and
determine
the
time
and
34
manner
of
payment.
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3.
c.
The
miscellaneous
expenses
of
the
assessor’s
office,
1
the
board
of
review
and
the
examining
board,
including
office
2
equipment,
records,
supplies,
and
other
required
items.
3
4.
d.
The
estimated
expense
of
assessment
appeals.
All
4
such
expense
items
shall
be
included
in
the
budget
adopted
for
5
the
ensuing
year.
6
6.
All
tax
levies
and
expenditures
provided
for
herein
shall
7
be
subject
to
the
provisions
of
chapter
24
and
the
conference
8
board
is
hereby
declared
to
be
the
certifying
board.
9
7.
Any
tax
for
the
maintenance
of
the
office
of
assessor
10
and
other
assessment
procedure
shall
be
levied
only
upon
11
the
property
in
the
area
assessed
by
said
assessor
and
12
such
tax
levy
shall
not
exceed
forty
and
one-half
cents
per
13
thousand
dollars
of
assessed
value
in
assessing
areas
where
14
the
valuation
upon
which
the
tax
is
levied
does
not
exceed
15
ninety-two
million,
six
hundred
thousand
dollars;
thirty-three
16
and
three-fourths
cents
per
thousand
dollars
of
assessed
value
17
in
assessing
areas
where
the
valuation
upon
which
the
tax
18
is
levied
exceeds
ninety-two
million,
six
hundred
thousand
19
dollars
and
does
not
exceed
one
hundred
eleven
million,
20
one
hundred
twenty
thousand
dollars;
twenty-seven
cents
per
21
thousand
dollars
of
assessed
value
in
assessing
areas
where
22
the
valuation
upon
which
the
tax
is
levied
exceeds
one
hundred
23
eleven
million,
one
hundred
twenty
thousand
dollars.
The
24
county
treasurer
shall
credit
the
sums
received
from
such
levy
25
to
a
separate
fund
to
be
known
as
the
“assessment
expense
fund”
26
and
from
which
fund
all
expenses
incurred
under
this
chapter
27
shall
be
paid.
In
the
case
of
a
county
where
there
is
more
than
28
one
assessor
the
treasurer
shall
maintain
separate
assessment
29
expense
funds
for
each
assessor.
30
8.
The
county
auditor
shall
keep
a
complete
record
of
said
31
funds
and
shall
issue
warrants
thereon
only
on
requisition
of
32
the
assessor.
33
9.
The
assessor
shall
not
issue
requisitions
so
as
to
34
increase
the
total
expenditures
budgeted
for
the
operation
of
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the
assessor’s
office.
However,
for
purposes
of
promoting
1
operational
efficiency,
the
assessor
shall
have
authority
to
2
transfer
funds
budgeted
for
specific
items
for
the
operation
of
3
the
assessor’s
office
from
one
unexpended
balance
to
another;
4
such
transfer
shall
not
be
made
so
as
to
increase
the
total
5
amount
budgeted
for
the
operation
of
the
office
of
assessor,
6
and
no
funds
shall
be
used
to
increase
the
salary
of
the
7
assessor
or
the
salaries
of
permanent
deputy
assessors.
The
8
assessor
shall
issue
requisitions
for
the
examining
board
9
and
for
the
board
of
review
on
order
of
the
chairperson
of
10
each
board
and
for
costs
and
expenses
incident
to
assessment
11
appeals,
only
on
order
of
the
city
legal
department,
in
the
12
case
of
cities
and
of
the
county
attorney
in
the
case
of
13
counties.
14
10.
Unexpended
funds
remaining
in
the
assessment
expense
15
fund
at
the
end
of
a
year
shall
be
carried
forward
into
the
next
16
year.
17
Sec.
97.
Section
441.21,
subsection
1,
paragraph
b,
Code
18
2011,
is
amended
to
read
as
follows:
19
b.
(1)
The
actual
value
of
all
property
subject
to
20
assessment
and
taxation
shall
be
the
fair
and
reasonable
21
market
value
of
such
property
except
as
otherwise
provided
22
in
this
section
.
“Market
value”
is
defined
as
the
fair
and
23
reasonable
exchange
in
the
year
in
which
the
property
is
listed
24
and
valued
between
a
willing
buyer
and
a
willing
seller,
25
neither
being
under
any
compulsion
to
buy
or
sell
and
each
26
being
familiar
with
all
the
facts
relating
to
the
particular
27
property.
Sale
prices
of
the
property
or
comparable
property
28
in
normal
transactions
reflecting
market
value,
and
the
29
probable
availability
or
unavailability
of
persons
interested
30
in
purchasing
the
property,
shall
be
taken
into
consideration
31
in
arriving
at
its
market
value.
In
arriving
at
market
value,
32
sale
prices
of
property
in
abnormal
transactions
not
reflecting
33
market
value
shall
not
be
taken
into
account,
or
shall
be
34
adjusted
to
eliminate
the
effect
of
factors
which
distort
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market
value,
including
but
not
limited
to
sales
to
immediate
1
family
of
the
seller,
foreclosure
or
other
forced
sales,
2
contract
sales,
discounted
purchase
transactions
or
purchase
of
3
adjoining
land
or
other
land
to
be
operated
as
a
unit.
4
(2)
The
actual
value
of
special
purpose
tooling,
which
5
is
subject
to
assessment
and
taxation
as
real
property
under
6
section
427A.1,
subsection
1
,
paragraph
“e”
,
but
which
can
be
7
used
only
to
manufacture
property
which
is
protected
by
one
or
8
more
United
States
or
foreign
patents,
shall
not
exceed
the
9
fair
and
reasonable
exchange
value
between
a
willing
buyer
and
10
a
willing
seller,
assuming
that
the
willing
buyer
is
purchasing
11
only
the
special
purpose
tooling
and
not
the
patent
covering
12
the
property
which
the
special
purpose
tooling
is
designed
13
to
manufacture
nor
the
rights
to
manufacture
the
patented
14
property.
For
purposes
of
this
paragraph
subparagraph
,
special
15
purpose
tooling
includes
dies,
jigs,
fixtures,
molds,
patterns,
16
and
similar
property.
The
assessor
shall
not
take
into
17
consideration
the
special
value
or
use
value
to
the
present
18
owner
of
the
special
purpose
tooling
which
is
designed
and
19
intended
solely
for
the
manufacture
of
property
protected
by
a
20
patent
in
arriving
at
the
actual
value
of
the
special
purpose
21
tooling.
22
Sec.
98.
Section
445.5,
subsection
2,
Code
2011,
is
amended
23
to
read
as
follows:
24
2.
a.
The
county
treasurer
shall
each
year,
upon
request,
25
deliver
to
the
following
persons
or
entities,
or
their
duly
26
authorized
agents,
a
copy
of
the
tax
statement
or
tax
statement
27
information:
28
a.
(1)
Contract
purchaser.
29
b.
(2)
Lessee.
30
c.
(3)
Mortgagee.
31
d.
(4)
Financial
institution
organized
or
chartered
or
32
holding
an
authorization
certificate
pursuant
to
chapter
524
,
33
533
,
or
534
.
34
e.
(5)
Federally
chartered
financial
institution.
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b.
The
treasurer
may
negotiate
and
charge
a
reasonable
1
fee
not
to
exceed
the
cost
of
producing
the
information
for
a
2
requester
described
in
paragraphs
“c”
through
“e”
paragraph
3
“a”
,
subparagraphs
(3)
through
(5)
,
for
a
tax
statement
or
tax
4
statement
information
provided
by
the
treasurer.
5
Sec.
99.
Section
450.94,
subsection
5,
Code
2011,
is
amended
6
to
read
as
follows:
7
5.
a.
The
amount
of
tax
imposed
under
this
chapter
shall
be
8
assessed
according
to
one
of
the
following:
9
a.
(1)
Within
three
years
after
the
return
is
filed
with
10
respect
to
property
reported
on
the
final
inheritance
tax
11
return.
12
b.
(2)
At
any
time
after
the
tax
became
due
with
respect
13
to
property
not
reported
on
the
final
inheritance
tax
return,
14
but
not
later
than
three
years
after
the
omitted
property
is
15
reported
to
the
department
on
an
amended
return
or
on
the
final
16
inheritance
tax
return
if
one
was
not
previously
filed.
17
c.
(3)
The
period
for
examination
and
determination
of
the
18
correct
amount
of
tax
to
be
reported
and
due
under
this
chapter
19
is
unlimited
in
the
case
of
failure
to
file
a
return
or
the
20
filing
of
a
false
or
fraudulent
return
or
affidavit.
21
b.
In
addition
to
the
applicable
periods
of
limitations
for
22
examination
and
determination
specified
in
paragraphs
“a”
and
23
“b”
paragraph
“a”
,
subparagraphs
(1)
and
(2)
,
the
department
24
may
make
an
examination
and
determination
at
any
time
within
25
six
months
from
the
date
of
receipt
by
the
department
of
26
written
notice
from
the
taxpayer
of
the
final
disposition
27
of
any
matter
between
the
taxpayer
and
the
internal
revenue
28
service
with
respect
to
the
federal
estate,
gift,
or
generation
29
skipping
transfer
tax.
In
order
to
begin
the
running
of
the
30
six
months
assessment
period,
the
notice
shall
be
in
writing
31
in
form
sufficient
to
inform
the
department
of
the
final
32
disposition
of
any
matter
with
respect
to
the
federal
estate,
33
gift,
or
generation
skipping
transfer
tax,
and
a
copy
of
the
34
federal
document
showing
the
final
disposition
or
final
federal
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adjustments
shall
be
attached
to
the
notice.
1
Sec.
100.
Section
453A.14,
subsection
1,
unnumbered
2
paragraphs
1
and
2,
Code
2011,
are
amended
to
read
as
follows:
3
No
state
or
manufacturer’s
permit
shall
be
issued
until
the
4
applicant
files
a
bond,
with
good
and
sufficient
surety,
to
5
be
approved
by
the
director,
which
bond
shall
be
in
favor
of
6
the
state
and
conditioned
upon
the
payment
of
taxes,
damages,
7
fines,
penalties,
and
costs
adjudged
against
the
permit
holder
8
for
violation
of
any
of
the
provisions
of
this
division
.
The
9
bonds
shall
be
on
forms
prescribed
by
the
director
and
in
the
10
following
amounts:
11
The
bonds
shall
be
on
forms
prescribed
by
the
director
and
in
12
the
following
amounts:
13
Sec.
101.
Section
453C.1,
subsections
4
and
9,
Code
2011,
14
are
amended
to
read
as
follows:
15
4.
a.
“Cigarette”
means
any
product
that
contains
nicotine,
16
is
intended
to
be
burned
or
heated
under
ordinary
conditions
of
17
use,
and
consists
of
or
contains
any
of
the
following:
18
a.
(1)
Any
roll
of
tobacco
wrapped
in
paper
or
in
any
19
substance
not
containing
tobacco.
20
b.
(2)
Tobacco,
in
any
form,
that
is
functional
in
the
21
product,
which,
because
of
its
appearance,
the
type
of
tobacco
22
used
in
the
filler,
or
its
packaging
and
labeling,
is
likely
to
23
be
offered
to,
or
purchased
by,
consumers
as
a
cigarette.
24
c.
(3)
Any
roll
of
tobacco
wrapped
in
any
substance
25
containing
tobacco
which,
because
of
its
appearance,
the
type
26
of
tobacco
used
in
the
filler,
or
its
packaging
and
labeling,
27
is
likely
to
be
offered
to,
or
purchased
by,
consumers
as
28
a
cigarette
described
in
paragraph
“a”
of
this
definition
29
subparagraph
(1)
.
30
b.
The
term
“cigarette”
includes
“roll-your-own”
tobacco,
31
meaning
tobacco
which,
because
of
its
appearance,
type,
32
packaging,
or
labeling,
is
suitable
for
use
and
likely
to
be
33
offered
to,
or
purchased
by,
consumers
as
tobacco
for
making
34
cigarettes.
For
purposes
of
this
definition
of
“cigarette”
,
35
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0.09
ounces
of
“roll-your-own”
tobacco
shall
constitute
one
1
individual
“cigarette”.
2
9.
a.
“Tobacco
product
manufacturer”
means
an
entity
that
3
on
or
after
May
20,
1999,
directly
and
not
exclusively
through
4
any
affiliate
does
any
of
the
following:
5
a.
(1)
Manufactures
cigarettes
anywhere
that
such
6
manufacturer
intends
to
be
sold
in
the
United
States,
including
7
cigarettes
intended
to
be
sold
in
the
United
States
through
8
an
importer
(except
where
such
importer
is
an
original
9
participating
manufacturer,
as
that
term
is
defined
in
the
10
master
settlement
agreement,
that
will
be
responsible
for
the
11
payments
under
the
master
settlement
agreement
with
respect
to
12
such
cigarettes
as
a
result
of
the
provisions
of
subsection
13
II(mm)
of
the
master
settlement
agreement
and
that
pays
the
14
taxes
specified
in
subsection
II(z)
of
the
master
settlement
15
agreement
and
provided
that
the
manufacturer
of
such
cigarettes
16
does
not
market
or
advertise
such
cigarettes
in
the
United
17
States).
18
b.
(2)
Is
the
first
purchaser
anywhere
for
resale
in
the
19
United
States
of
cigarettes
manufactured
anywhere
that
the
20
manufacturer
does
not
intend
to
be
sold
in
the
United
States.
21
c.
(3)
Becomes
a
successor
of
an
entity
described
in
22
paragraph
“a”
or
“b”
subparagraph
(1)
or
(2)
.
23
b.
The
term
“tobacco
product
manufacturer”
shall
not
include
24
an
affiliate
of
a
tobacco
product
manufacturer
unless
such
25
affiliate
itself
falls
within
any
of
paragraphs
“a”
through
“c”
26
paragraph
“a”
,
subparagraphs
(1)
through
(3)
.
27
Sec.
102.
Section
455B.173,
subsections
2
and
3,
Code
2011,
28
are
amended
to
read
as
follows:
29
2.
Establish,
modify,
or
repeal
water
quality
standards,
30
pretreatment
standards,
and
effluent
standards
in
accordance
31
with
the
provisions
of
this
chapter
.
32
a.
The
effluent
standards
may
provide
for
maintaining
the
33
existing
quality
of
the
water
of
the
state
that
is
a
navigable
34
water
of
the
United
States
under
the
federal
Water
Pollution
35
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566
Control
Act
where
the
quality
thereof
exceeds
the
requirements
1
of
the
water
quality
standards.
2
b.
If
the
federal
environmental
protection
agency
has
3
promulgated
an
effluent
standard
or
pretreatment
standard
4
pursuant
to
section
301,
306,
or
307
of
the
federal
Water
5
Pollution
Control
Act,
a
pretreatment
or
effluent
standard
6
adopted
pursuant
to
this
section
shall
not
be
more
stringent
7
than
the
federal
effluent
or
pretreatment
standard
for
such
8
source.
This
section
may
not
preclude
the
establishment
of
9
a
more
restrictive
effluent
limitation
in
the
permit
for
a
10
particular
point
source
if
the
more
restrictive
effluent
11
limitation
is
necessary
to
meet
water
quality
standards,
the
12
establishment
of
an
effluent
standard
for
a
source
or
class
of
13
sources
for
which
the
federal
environmental
protection
agency
14
has
not
promulgated
standards
pursuant
to
section
301,
306,
15
or
307
of
the
federal
Water
Pollution
Control
Act.
Except
as
16
required
by
federal
law
or
regulation,
the
commission
shall
17
not
adopt
an
effluent
standard
more
stringent
with
respect
to
18
any
pollutant
than
is
necessary
to
reduce
the
concentration
19
of
that
pollutant
in
the
effluent
to
the
level
due
to
natural
20
causes,
including
the
mineral
and
chemical
characteristics
21
of
the
land,
existing
in
the
water
of
the
state
to
which
the
22
effluent
is
discharged.
Notwithstanding
any
other
provision
23
of
this
part
of
this
division
or
chapter
459,
subchapter
III
,
24
any
new
source,
the
construction
of
which
was
commenced
after
25
October
18,
1972,
and
which
was
constructed
as
to
meet
all
26
applicable
standards
of
performance
for
the
new
source
or
any
27
more
stringent
effluent
limitation
required
to
meet
water
28
quality
standards,
shall
not
be
subject
to
any
more
stringent
29
effluent
limitations
during
a
ten-year
period
beginning
on
the
30
date
of
completion
of
construction
or
during
the
period
of
31
depreciation
or
amortization
of
the
pollution
control
equipment
32
for
the
facility
for
the
purposes
of
section
167
and
or
169
or
33
both
sections
of
the
Internal
Revenue
Code,
whichever
period
34
ends
first.
35
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3.
Establish,
modify,
or
repeal
rules
relating
to
the
1
location,
construction,
operation,
and
maintenance
of
disposal
2
systems
and
public
water
supply
systems
and
specifying
the
3
conditions,
including
the
viability
of
a
system
pursuant
4
to
section
455B.174
,
under
which
the
director
shall
issue,
5
revoke,
suspend,
modify,
or
deny
permits
for
the
operation,
6
installation,
construction,
addition
to,
or
modification
of
7
any
disposal
system
or
public
water
supply
system,
or
for
the
8
discharge
of
any
pollutant.
9
a.
The
rules
specifying
the
conditions
under
which
the
10
director
shall
issue
permits
for
the
construction
of
an
11
electric
power
generating
facility
subject
to
chapter
476A
12
shall
provide
for
issuing
a
conditional
permit
upon
the
13
submission
of
engineering
descriptions,
flow
diagrams
and
14
schematics
that
qualitatively
and
quantitatively
identify
15
effluent
streams
and
alternative
disposal
systems
that
will
16
provide
compliance
with
effluent
standards
or
limitations.
17
b.
No
rules
shall
be
adopted
which
regulate
the
hiring
18
or
firing
of
operators
of
disposal
systems
or
public
water
19
supply
systems
except
rules
which
regulate
the
certification
of
20
operators
as
to
their
technical
competency.
21
c.
A
publicly
owned
treatment
works
whose
discharge
meets
22
the
final
effluent
limitations
which
were
contained
in
its
23
discharge
permit
on
the
date
that
construction
of
the
publicly
24
owned
treatment
works
was
approved
by
the
department
shall
25
not
be
required
to
meet
more
stringent
effluent
limitations
26
for
a
period
of
ten
years
from
the
date
the
construction
was
27
completed
and
accepted
but
not
longer
than
twelve
years
from
28
the
date
that
construction
was
approved
by
the
department.
29
Sec.
103.
Section
455B.213,
subsection
4,
Code
2011,
is
30
amended
to
read
as
follows:
31
4.
Violation.
32
a.
An
employee
of
the
department
who
willfully
communicates
33
or
seeks
to
communicate
such
information,
and
a
person
34
who
willfully
requests,
obtains,
or
seeks
to
obtain
such
35
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566
information,
is
guilty
of
a
simple
misdemeanor.
1
b.
A
member
of
the
commission
who
willfully
communicates
2
or
seeks
to
communicate
such
information,
and
any
person
3
who
willfully
requests,
obtains,
or
seeks
to
obtain
such
4
information,
is
guilty
of
a
public
offense
which
is
punishable
5
by
a
fine
not
exceeding
one
hundred
dollars
or
by
imprisonment
6
in
the
county
jail
for
not
more
than
thirty
days.
7
Sec.
104.
Section
455B.312,
subsection
2,
unnumbered
8
paragraph
2,
Code
2011,
is
amended
to
read
as
follows:
9
3.
If
an
acceptable
plan
is
not
prepared,
the
plan
is
not
10
implemented,
or
the
problem
otherwise
continues
unabated,
the
11
attorney
general
shall
take
actions
authorized
by
law
to
secure
12
compliance.
13
Sec.
105.
Section
455B.423,
subsection
2,
Code
2011,
is
14
amended
to
read
as
follows:
15
2.
a.
The
director
may
use
the
fund
for
any
of
the
16
following
purposes:
17
a.
(1)
Administrative
services
for
the
identification,
18
assessment
and
cleanup
of
hazardous
waste
or
hazardous
19
substance
disposal
sites.
20
b.
(2)
Payments
to
other
state
agencies
for
services
21
consistent
with
the
management
of
hazardous
waste
or
hazardous
22
substance
disposal
sites.
23
c.
(3)
Emergency
response
activities
as
provided
in
part
4
24
of
this
division
.
25
d.
(4)
Financing
the
nonfederal
share
of
the
cost
26
of
cleanup
and
site
rehabilitation
activities
as
well
as
27
postclosure
operation
and
maintenance
costs,
pursuant
to
the
28
federal
Comprehensive
Environmental
Response,
Compensation
and
29
Liability
Act
of
1980.
30
e.
(5)
Financing
the
cost
of
cleanup
and
site
31
rehabilitation
activities
as
well
as
postclosure
operation
and
32
maintenance
costs
of
hazardous
waste
or
hazardous
substance
33
disposal
sites
that
do
not
qualify
for
federal
cost
sharing
34
pursuant
to
the
federal
Comprehensive
Environmental
Response,
35
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566
Compensation
and
Liability
Act
of
1980.
1
f.
(6)
Through
agreements
or
contracts
with
other
state
2
agencies,
work
with
private
industry
to
develop
alternatives
3
to
land
disposal
of
hazardous
waste
or
hazardous
substances
4
including
,
but
not
limited
to
,
resource
recovery,
recycling,
5
neutralization,
and
reduction.
6
g.
(7)
For
the
administration
of
the
waste
tire
collection
7
or
processing
site
permit
program.
8
b.
However,
at
least
seventy-five
percent
of
the
fund
shall
9
be
used
for
the
purposes
stated
in
paragraphs
“d”
and
“e”
10
paragraph
“a”
,
subparagraphs
(4)
and
(5)
.
11
Sec.
106.
Section
455B.471,
subsection
11,
Code
2011,
is
12
amended
to
read
as
follows:
13
11.
a.
“Underground
storage
tank”
means
one
or
a
14
combination
of
tanks,
including
underground
pipes
connected
15
to
the
tanks
which
are
used
to
contain
an
accumulation
of
16
regulated
substances
and
the
volume
of
which,
including
the
17
volume
of
the
underground
pipes,
is
ten
percent
or
more
beneath
18
the
surface
of
the
ground.
Underground
storage
tank
does
not
19
include:
20
a.
(1)
Farm
or
residential
tanks
of
one
thousand
one
21
hundred
gallons
or
less
capacity
used
for
storing
motor
fuel
22
for
noncommercial
purposes.
23
b.
(2)
Tanks
used
for
storing
heating
oil
for
consumptive
24
use
on
the
premises
where
stored.
25
c.
(3)
Residential
septic
tanks.
26
d.
(4)
Pipeline
facilities
regulated
under
the
Natural
27
Gas
Pipeline
Safety
Act
of
1968,
as
amended
to
January
1,
1985
28
(49
,
codified
at
49
U.S.C.
§
1671
et
seq.)
seq.
,
the
Hazardous
29
Liquid
Pipeline
Safety
Act
of
1979,
as
amended
to
January
1,
30
1985
(49
,
codified
at
49
U.S.C.
§
2001
et
seq.)
seq.
,
or
an
31
intrastate
pipeline
facility
regulated
under
chapter
479
.
32
e.
(5)
A
surface
impoundment,
pit,
pond,
or
lagoon.
33
f.
(6)
A
storm
water
or
wastewater
collection
system.
34
g.
(7)
A
flow-through
process
tank.
35
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566
h.
(8)
A
liquid
trap
or
associated
gathering
lines
directly
1
related
to
oil
or
gas
production
and
gathering
operations.
2
i.
(9)
A
storage
tank
situated
in
an
underground
area
3
including
,
but
not
limited
to
,
a
basement,
cellar,
mineworking,
4
drift,
shaft,
or
tunnel
if
the
storage
tank
is
situated
upon
or
5
above
the
surface
of
the
floor.
6
b.
Underground
storage
tank
does
not
include
pipes
connected
7
to
a
tank
described
in
paragraphs
“a”
to
“i”
paragraph
“a”
,
8
subparagraphs
(1)
through
(9)
.
9
Sec.
107.
Section
455B.474,
subsection
1,
Code
2011,
is
10
amended
to
read
as
follows:
11
1.
a.
Release
detection,
prevention,
and
correction
as
12
may
be
necessary
to
protect
human
health
and
the
environment,
13
applicable
to
all
owners
and
operators
of
underground
storage
14
tanks.
The
rules
shall
include
,
but
are
not
limited
to
,
15
requirements
for:
16
a.
(1)
Maintaining
a
leak
detection
system,
an
inventory
17
control
system
with
a
tank
testing,
or
a
comparable
system
or
18
method
designed
to
identify
releases
in
a
manner
consistent
19
with
the
protection
of
human
health
and
the
environment.
20
b.
(2)
Maintaining
records
of
any
monitoring
or
leak
21
detection
system,
inventory
control
system,
tank
testing
or
22
comparable
system,
and
periodic
underground
storage
tank
23
facility
compliance
inspections
conducted
by
inspectors
24
certified
by
the
department.
25
c.
(3)
Reporting
of
any
releases
and
corrective
action
26
taken
in
response
to
a
release
from
an
underground
storage
27
tank.
28
d.
(4)
Establishing
criteria
for
classifying
sites
29
according
to
the
release
of
a
regulated
substance
in
connection
30
with
an
underground
storage
tank.
31
(1)
(a)
The
classification
system
shall
consider
the
32
actual
or
potential
threat
to
public
health
and
safety
and
33
to
the
environment
posed
by
the
contaminated
site
and
shall
34
take
into
account
relevant
factors,
including
the
presence
35
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of
contamination
in
soils,
groundwaters,
and
surface
waters,
1
and
the
effect
of
conduits,
barriers,
and
distances
on
the
2
contamination
found
in
those
areas
according
to
the
following
3
factors:
4
(a)
(i)
Soils
shall
be
evaluated
based
upon
the
depth
of
5
the
existing
contamination
and
its
distance
from
the
ground
6
surface
to
the
contamination
zone
and
the
contamination
7
zone
to
the
groundwater;
the
soil
type
and
permeability,
8
including
whether
the
contamination
exists
in
clay,
till
or
9
sand
and
gravel;
and
the
variability
of
the
soils,
whether
the
10
contamination
exists
in
soils
of
natural
variability
or
in
a
11
disturbed
area.
12
(b)
(ii)
Groundwaters
shall
be
evaluated
based
upon
the
13
depth
of
the
contamination
and
its
distance
from
the
ground
14
surface
to
the
groundwater
and
from
the
contamination
zone
15
to
the
groundwater;
the
flow
pattern
of
the
groundwater,
the
16
direction
of
the
flow
in
relation
to
the
contamination
zone
and
17
the
interconnection
of
the
groundwater
with
the
surface
or
with
18
surface
water
and
with
other
groundwater
sources;
the
nature
19
of
the
groundwater,
whether
it
is
located
in
a
high
yield
20
aquifer,
an
isolated,
low
yield
aquifer,
or
in
a
transient
21
saturation
zone;
and
use
of
the
groundwater,
whether
it
is
22
used
as
a
drinking
water
source
for
public
or
private
drinking
23
water
supplies,
for
livestock
watering,
or
for
commercial
and
24
industrial
processing.
25
(c)
(iii)
Surface
water
shall
be
evaluated
based
upon
its
26
location,
its
distance
in
relation
to
the
contamination
zone,
27
the
groundwater
system
and
flow,
and
its
location
in
relation
28
to
surface
drainage.
29
(d)
(iv)
The
effect
of
conduits,
barriers,
and
distances
30
on
the
contamination
found
in
soils,
groundwaters,
and
surface
31
waters.
Consideration
should
be
given
to
the
following:
the
32
effect
of
contamination
on
conduits
such
as
wells,
utility
33
lines,
tile
lines
and
drainage
systems;
the
effect
of
conduits
34
on
the
transport
of
the
contamination;
whether
a
well
is
active
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or
abandoned;
what
function
the
utility
line
serves,
whether
1
it
is
a
sewer
line,
a
water
distribution
line,
telephone
line,
2
or
other
line;
the
existence
of
barriers
such
as
buildings
and
3
other
structures,
pavement,
and
natural
barriers,
including
4
rock
formations
and
ravines;
and
the
distance
which
separates
5
the
contamination
found
in
the
soils,
groundwaters,
or
surface
6
waters
from
the
conduits
and
barriers.
7
(2)
(b)
A
site
shall
be
classified
as
either
high
risk,
8
low
risk,
or
no
action
required,
as
determined
by
a
certified
9
groundwater
professional.
10
(a)
(i)
A
site
shall
be
considered
high
risk
when
11
a
certified
groundwater
professional
determines
that
12
contamination
from
the
site
presents
an
unreasonable
risk
to
13
public
health
and
safety
or
the
environment
under
any
of
the
14
following
conditions:
15
(i)
(A)
Contamination
is
affecting
or
likely
to
affect
16
groundwater
which
is
used
as
a
source
water
for
public
or
17
private
water
supplies,
to
a
level
rendering
them
unsafe
for
18
human
consumption.
19
(ii)
(B)
Contamination
is
actually
affecting
or
is
likely
20
to
affect
surface
water
bodies
to
a
level
where
surface
water
21
quality
standards,
under
section
455B.173
,
will
be
exceeded.
22
(iii)
(C)
Harmful
or
explosive
concentrations
of
23
petroleum
substances
or
vapors
affecting
structures
or
utility
24
installations
exist
or
are
likely
to
occur.
25
(b)
(ii)
A
site
shall
be
considered
low
risk
when
a
26
certified
groundwater
professional
determines
that
low
risk
27
conditions
exist
as
follows:
28
(i)
(A)
Contamination
is
present
and
is
affecting
29
groundwater,
but
high
risk
conditions
do
not
exist
and
are
not
30
likely
to
occur.
31
(ii)
(B)
Contamination
is
above
action
level
standards,
but
32
high
risk
conditions
do
not
exist
and
are
not
likely
to
occur.
33
(c)
(iii)
A
site
shall
be
considered
no
action
required
34
and
a
no
further
action
certificate
shall
be
issued
by
the
35
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department
when
a
certified
groundwater
professional
determines
1
that
contamination
is
below
action
level
standards
and
high
or
2
low
risk
conditions
do
not
exist
and
are
not
likely
to
occur.
3
(d)
(iv)
For
purposes
of
classifying
a
site
as
either
4
low
risk
or
no
action
required,
the
department
shall
rely
5
upon
the
example
tier
one
risk-based
screening
level
look-up
6
table
of
ASTM
(American
society
for
testing
and
materials)
7
international’s
emergency
standard,
ES38-94,
or
other
look-up
8
table
as
determined
by
the
department
by
rule.
9
(e)
(v)
A
site
cleanup
report
which
classifies
a
site
as
10
either
high
risk,
low
risk,
or
no
action
required
shall
be
11
submitted
by
a
groundwater
professional
to
the
department
with
12
a
certification
that
the
report
complies
with
the
provisions
13
of
this
chapter
and
rules
adopted
by
the
department.
The
14
report
shall
be
determinative
of
the
appropriate
classification
15
of
the
site
and
the
site
shall
be
classified
as
indicated
by
16
the
groundwater
professional
unless,
within
ninety
days
of
17
receipt
by
the
department,
the
department
identifies
material
18
information
in
the
report
that
is
inaccurate
or
incomplete,
19
and
based
upon
inaccurate
or
incomplete
information
in
the
20
report
the
risk
classification
of
the
site
cannot
be
reasonably
21
determined
by
the
department
based
upon
industry
standards.
22
If
the
department
determines
that
the
site
cleanup
report
is
23
inaccurate
or
incomplete,
the
department
shall
notify
the
24
groundwater
professional
of
the
inaccurate
or
incomplete
25
information
within
ninety
days
of
receipt
of
the
report
26
and
shall
work
with
the
groundwater
professional
to
obtain
27
correct
information
or
additional
information
necessary
to
28
appropriately
classify
the
site.
However,
from
July
1,
29
2010,
through
June
30,
2011,
the
department
shall
have
one
30
hundred
twenty
days
to
notify
the
certified
groundwater
31
professional
when
a
report
is
not
accepted
based
on
material
32
information
that
is
found
to
be
inaccurate
or
incomplete.
A
33
groundwater
professional
who
knowingly
or
intentionally
makes
34
a
false
statement
or
misrepresentation
which
results
in
a
35
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mistaken
classification
of
a
site
shall
be
guilty
of
a
serious
1
misdemeanor
and
shall
have
the
groundwater
professional’s
2
certification
revoked
under
this
section
.
3
e.
(5)
The
closure
of
tanks
to
prevent
any
future
release
4
of
a
regulated
substance
into
the
environment.
If
consistent
5
with
federal
environmental
protection
agency
technical
standard
6
regulations,
state
tank
closure
rules
shall
include,
at
the
7
tank
owner’s
election,
an
option
to
fill
the
tank
with
an
inert
8
material.
Removal
of
a
tank
shall
not
be
required
if
the
tank
9
is
filled
with
an
inert
material
pursuant
to
department
of
10
natural
resources
rules.
A
tank
closed,
or
to
be
closed
and
11
which
is
actually
closed,
within
one
year
of
May
13,
1988,
12
shall
be
required
to
complete
monitoring
or
testing
as
required
13
by
the
department
to
ensure
that
the
tank
did
not
leak
prior
to
14
closure,
but
shall
not
be
required
to
have
a
monitoring
system
15
installed.
16
f.
(6)
Establishing
corrective
action
response
requirements
17
for
the
release
of
a
regulated
substance
in
connection
with
18
an
underground
storage
tank.
The
corrective
action
response
19
requirements
shall
include
,
but
not
be
limited
to
,
all
of
the
20
following:
21
(1)
(a)
A
requirement
that
the
site
cleanup
report
do
all
22
of
the
following:
23
(a)
(i)
Identify
the
nature
and
level
of
contamination
24
resulting
from
the
release.
25
(b)
(ii)
Provide
supporting
data
and
a
recommendation
26
of
the
degree
of
risk
posed
by
the
site
relative
to
the
site
27
classification
system
adopted
pursuant
to
paragraph
“d”
“a”
,
28
subparagraph
(4)
.
29
(c)
(iii)
Provide
supporting
data
and
a
recommendation
of
30
the
need
for
corrective
action.
31
(d)
(iv)
Identify
the
corrective
action
options
which
32
shall
address
the
practical
feasibility
of
implementation,
33
costs,
expected
length
of
time
to
implement,
and
environmental
34
benefits.
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566
(2)
(b)
To
the
fullest
extent
practicable,
allow
for
1
the
use
of
generally
available
hydrological,
geological,
2
topographical,
and
geographical
information
and
minimize
site
3
specific
testing
in
preparation
of
the
site
cleanup
report.
4
(3)
(c)
Require
that
at
a
minimum
the
source
of
a
release
5
be
stopped
either
by
repairing,
upgrading,
or
closing
the
tank
6
and
that
free
product
be
removed
or
contained
on
site.
7
(4)
(d)
High
risk
sites
shall
be
addressed
pursuant
8
to
a
corrective
action
design
report,
as
submitted
by
a
9
groundwater
professional
and
as
accepted
by
the
department.
10
The
corrective
action
design
report
shall
determine
the
most
11
appropriate
response
to
the
high
risk
conditions
presented.
12
The
appropriate
corrective
action
response
shall
be
based
upon
13
industry
standards
and
shall
take
into
account
the
following:
14
(a)
(i)
The
extent
of
remediation
required
to
reclassify
15
the
site
as
a
low
risk
site.
16
(b)
(ii)
The
most
appropriate
exposure
scenarios
based
upon
17
residential,
commercial,
or
industrial
use
or
other
predefined
18
industry
accepted
scenarios.
19
(c)
(iii)
Exposure
pathway
characterizations
including
20
contaminant
sources,
transport
mechanisms,
and
exposure
21
pathways.
22
(d)
(iv)
Affected
human
or
environmental
receptors
23
and
exposure
scenarios
based
on
current
and
projected
use
24
scenarios.
25
(e)
(v)
Risk-based
corrective
action
assessment
principles
26
which
identify
the
risks
presented
to
the
public
health
and
27
safety
or
the
environment
by
each
release
in
a
manner
that
28
will
protect
the
public
health
and
safety
or
the
environment
29
using
a
tiered
procedure
consistent
with
ASTM
(American
society
30
for
testing
and
materials)
international’s
emergency
standard,
31
ES38-94.
32
(f)
(vi)
Other
relevant
site
specific
factors
such
33
as
the
feasibility
of
available
technologies,
existing
34
background
contaminant
levels,
current
and
planned
future
uses,
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ecological,
aesthetic,
and
other
relevant
criteria,
and
the
1
applicability
and
availability
of
engineering
and
institutional
2
controls,
including
an
environmental
covenant
as
established
by
3
chapter
455I
.
4
(g)
(vii)
Remediation
shall
not
be
required
on
a
site
5
that
does
not
present
an
increased
cancer
risk
at
the
point
of
6
exposure
of
one
in
one
million
for
residential
areas
or
one
in
7
ten
thousand
for
nonresidential
areas.
8
(5)
(e)
A
corrective
action
design
report
submitted
by
a
9
groundwater
professional
shall
be
accepted
by
the
department
10
and
shall
be
primarily
relied
upon
by
the
department
to
11
determine
the
corrective
action
response
requirements
of
12
the
site.
However,
if
within
ninety
days
of
receipt
of
a
13
corrective
action
design
report,
the
department
identifies
14
material
information
in
the
corrective
action
design
report
15
that
is
inaccurate
or
incomplete,
and
if
based
upon
information
16
in
the
report
the
appropriate
corrective
action
response
17
cannot
be
reasonably
determined
by
the
department
based
upon
18
industry
standards,
the
department
shall
notify
the
groundwater
19
professional
that
the
corrective
action
design
report
is
not
20
accepted,
and
the
department
shall
work
with
the
groundwater
21
professional
to
correct
the
material
information
or
to
22
obtain
the
additional
information
necessary
to
appropriately
23
determine
the
corrective
action
response
requirements
as
soon
24
as
practicable.
However,
from
July
1,
2010,
through
June
30,
25
2011,
the
department
shall
have
one
hundred
twenty
days
to
26
notify
the
certified
groundwater
professional
when
a
corrective
27
action
design
report
is
not
accepted
based
on
material
28
information
that
is
found
to
be
inaccurate
or
incomplete.
A
29
groundwater
professional
who
knowingly
or
intentionally
makes
30
a
false
statement
or
misrepresentation
which
results
in
an
31
improper
or
incorrect
corrective
action
response
shall
be
32
guilty
of
a
serious
misdemeanor
and
shall
have
the
groundwater
33
professional’s
certification
revoked
under
this
section
.
34
(6)
(f)
Low
risk
sites
shall
be
monitored
as
deemed
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necessary
by
the
department
consistent
with
industry
standards.
1
Monitoring
shall
not
be
required
on
a
site
which
has
received
2
a
no
further
action
certificate.
A
site
that
has
maintained
3
less
than
the
applicable
target
level
for
four
consecutive
4
sampling
events
shall
be
reclassified
as
a
no
action
required
5
site
regardless
of
exit
monitoring
criteria
and
guidance.
6
(7)
(g)
An
owner
or
operator
may
elect
to
proceed
with
7
additional
corrective
action
on
the
site.
However,
any
action
8
taken
in
addition
to
that
required
pursuant
to
this
paragraph
9
“f”
“a”
,
subparagraph
(6),
shall
be
solely
at
the
expense
of
the
10
owner
or
operator
and
shall
not
be
considered
corrective
action
11
for
purposes
of
section
455G.9
,
unless
otherwise
previously
12
agreed
to
by
the
board
and
the
owner
or
operator
pursuant
to
13
section
455G.9,
subsection
7
.
Corrective
action
taken
by
an
14
owner
or
operator
due
to
the
department’s
failure
to
meet
the
15
time
requirements
provided
in
subparagraph
(5)
division
(e)
16
shall
be
considered
corrective
action
for
purposes
of
section
17
455G.9
.
18
(8)
(h)
Notwithstanding
other
provisions
to
the
contrary
19
and
to
the
extent
permitted
by
federal
law,
the
department
20
shall
allow
for
bioremediation
of
soils
and
groundwater.
For
21
purposes
of
this
subparagraph
division
,
“bioremediation”
means
22
the
use
of
biological
organisms,
including
microorganisms
23
or
plants,
to
degrade
organic
pollutants
to
common
natural
24
products.
25
(9)
(i)
Replacement
or
upgrade
of
a
tank
on
a
site
26
classified
as
a
high
or
low
risk
site
shall
be
equipped
with
27
a
secondary
containment
system
with
monitoring
of
the
space
28
between
the
primary
and
secondary
containment
structures
or
29
other
board
approved
tank
system
or
methodology.
30
(10)
(j)
The
commission
and
the
board
shall
cooperate
to
31
ensure
that
remedial
measures
required
by
the
corrective
action
32
rules
adopted
pursuant
to
this
paragraph
subparagraph
(6)
are
33
reasonably
cost-effective
and
shall,
to
the
fullest
extent
34
possible,
avoid
duplicating
and
conflicting
requirements.
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(11)
(k)
The
director
may
order
an
owner
or
operator
to
1
immediately
take
all
corrective
actions
deemed
reasonable
2
and
necessary
by
the
director
if
the
corrective
action
is
3
consistent
with
the
prioritization
rules
adopted
under
this
4
paragraph
subparagraph
(6)
.
Any
order
taken
by
the
director
5
pursuant
to
this
subparagraph
division
shall
be
reviewed
at
the
6
next
meeting
of
the
environmental
protection
commission.
7
g.
(7)
Specifying
an
adequate
monitoring
system
to
8
detect
the
presence
of
a
leaking
underground
storage
tank
and
9
to
provide
for
protection
of
the
groundwater
resources
for
10
regulated
tanks
installed
prior
to
January
14,
1987.
The
11
effective
date
of
the
rules
adopted
shall
be
January
14,
1989.
12
In
the
event
that
federal
regulations
are
adopted
by
the
United
13
States
environmental
protection
agency
after
the
commission
14
has
adopted
state
standards
pursuant
to
this
subsection
,
the
15
commission
shall
immediately
proceed
to
adopt
rules
consistent
16
with
those
federal
regulations
adopted.
Unless
the
federal
17
environmental
protection
agency
adopts
final
rules
to
the
18
contrary,
rules
adopted
pursuant
to
this
section
shall
not
19
apply
to
hydraulic
lift
reservoirs,
such
as
for
automobile
20
hoists
and
elevators,
containing
hydraulic
oil.
21
h.
(8)
Issuing
a
no
further
action
certificate
or
22
a
monitoring
certificate
to
the
owner
or
operator
of
an
23
underground
storage
tank
site.
24
(1)
(a)
A
no
further
action
certificate
shall
be
issued
25
by
the
department
for
a
site
which
has
been
classified
as
a
no
26
further
action
site
or
which
has
been
reclassified
pursuant
to
27
completion
of
a
corrective
action
plan
or
monitoring
plan
to
be
28
a
no
further
action
site
by
a
groundwater
professional,
unless
29
within
ninety
days
of
receipt
of
the
report
submitted
by
the
30
groundwater
professional
classifying
the
site,
the
department
31
notifies
the
groundwater
professional
that
the
report
and
site
32
classification
are
not
accepted
and
the
department
identifies
33
material
information
in
the
report
that
is
inaccurate
or
34
incomplete
which
causes
the
department
to
be
unable
to
accept
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the
classification
of
the
site.
An
owner
or
operator
shall
1
not
be
responsible
for
additional
assessment,
monitoring,
or
2
corrective
action
activities
at
a
site
that
is
issued
a
no
3
further
action
certificate
unless
it
is
determined
that
the
4
certificate
was
issued
based
upon
false
material
statements
5
that
were
knowingly
or
intentionally
made
by
a
groundwater
6
professional
and
the
false
material
statements
resulted
in
the
7
incorrect
classification
of
the
site.
8
(2)
(b)
A
monitoring
certificate
shall
be
issued
by
the
9
department
for
a
site
which
does
not
require
remediation,
but
10
does
require
monitoring
of
the
site.
11
(3)
(c)
A
certificate
shall
be
recorded
with
the
county
12
recorder.
The
owner
or
operator
of
a
site
who
has
been
issued
13
a
certificate
under
this
paragraph
“h”
“a”
,
subparagraph
(8),
14
or
a
subsequent
purchaser
of
the
site
shall
not
be
required
to
15
perform
further
corrective
action
because
action
standards
are
16
changed
at
a
later
date.
A
certificate
shall
not
prevent
the
17
department
from
ordering
corrective
action
of
a
new
release.
18
i.
(9)
Establishing
a
certified
compliance
inspector
19
program
administered
by
the
department
for
underground
storage
20
tank
facility
compliance
inspections.
21
(1)
(a)
The
certified
compliance
inspector
program
shall
22
provide
for,
but
not
be
limited
to,
all
of
the
following:
23
(a)
(i)
Mandatory
periodic
underground
storage
tank
24
facility
compliance
inspections
by
owners
and
operators
using
25
inspectors
certified
by
the
department.
26
(b)
(ii)
Compliance
inspector
qualifications,
27
certification
procedures,
certification
and
renewal
fees
28
sufficient
to
cover
administrative
costs,
continuing
education
29
requirements,
inspector
discipline
standards
including
30
certification
suspension
and
revocation
for
good
cause,
31
compliance
inspection
standards,
professional
liability
bonding
32
or
insurance
requirements,
and
any
other
requirements
as
the
33
commission
may
deem
appropriate.
Certification
and
renewal
34
fees
received
by
the
department
are
appropriated
to
the
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department
for
purposes
of
the
administration
of
the
certified
1
compliance
inspector
program.
2
(2)
(b)
The
department
shall
continue
to
conduct
3
independent
inspections
as
provided
in
section
455B.475
4
as
deemed
appropriate
to
assure
effective
compliance
and
5
enforcement
and
for
the
purpose
of
auditing
the
accuracy
and
6
completeness
of
inspections
conducted
by
certified
compliance
7
inspectors.
8
(3)
(c)
Acts
or
omissions
by
a
certified
compliance
9
inspector,
the
state,
or
the
department
regarding
10
certification,
renewal,
oversight
of
the
certification
process,
11
continuing
education,
discipline,
inspection
standards,
12
or
any
other
actions,
rules,
or
regulations
arising
out
of
13
the
certification,
inspections,
or
duties
imposed
by
this
14
section
shall
not
be
cause
for
a
claim
against
the
state
or
15
the
department
within
the
meaning
of
chapter
669
or
any
other
16
provision
of
the
Iowa
Code.
17
b.
In
adopting
the
rules
under
this
subsection
,
the
18
commission
may
distinguish
between
types,
classes,
and
ages
19
of
underground
storage
tanks.
In
making
the
distinctions,
20
the
commission
may
take
into
consideration
factors
including
,
21
but
not
limited
to
,
location
of
the
tanks,
compatibility
of
a
22
tank
material
with
the
soil
and
climate
conditions,
uses
of
23
the
tanks,
history
of
maintenance,
age
of
the
tanks,
current
24
industry
recommended
practices,
national
consensus
codes,
25
hydrogeology,
water
table,
size
of
the
tanks,
quantity
of
26
regulated
substances
periodically
deposited
in
or
dispensed
27
from
the
tank,
the
degree
of
risk
presented
by
the
regulated
28
substance,
the
technical
and
managerial
capability
of
the
29
owners
and
operators,
and
the
compatibility
of
the
regulated
30
substance
and
the
materials
of
which
the
underground
storage
31
tank
is
fabricated.
32
c.
The
department
may
issue
a
variance,
which
includes
an
33
enforceable
compliance
schedule,
from
the
mandatory
monitoring
34
requirement
for
an
owner
or
operator
who
demonstrates
plans
for
35
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tank
removal,
replacement,
or
filling
with
an
inert
material
1
pursuant
to
a
department
approved
variance.
A
variance
may
be
2
renewed
for
just
cause.
3
Sec.
108.
Section
455D.3,
subsections
1
and
3,
Code
2011,
4
are
amended
to
read
as
follows:
5
1.
Year
1994
and
2000
goals.
6
a.
The
goal
of
the
state
is
to
reduce
the
amount
of
7
materials
in
the
waste
stream,
existing
as
of
July
1,
1988,
8
twenty-five
percent
by
July
1,
1994,
and
fifty
percent
by
July
9
1,
2000,
through
the
practice
of
waste
volume
reduction
at
10
the
source
and
through
recycling.
For
the
purposes
of
this
11
section
,
“waste
stream”
means
the
disposal
of
solid
waste
as
12
“solid
waste”
is
defined
in
section
455B.301
.
13
b.
Notwithstanding
section
455D.1,
subsection
6
,
facilities
14
which
employ
combustion
of
solid
waste
with
energy
recovery
15
and
refuse-derived
fuel,
which
are
included
in
an
approved
16
comprehensive
plan,
may
include
these
processes
in
the
17
definition
of
recycling
for
the
purpose
of
meeting
the
state
18
goal
if
at
least
thirty-five
percent
of
the
waste
reduction
19
goal,
required
to
be
met
by
July
1,
2000,
pursuant
to
this
20
section
,
is
met
through
volume
reduction
at
the
source
and
21
recycling
and
reuse,
as
established
pursuant
to
section
22
455B.301A,
subsection
1
,
paragraphs
“a”
and
“b”
.
23
3.
Departmental
monitoring.
24
a.
By
October
31,
1994,
a
planning
area
shall
submit
to
25
the
department
a
solid
waste
abatement
table
which
is
updated
26
through
June
30,
1994.
By
April
1,
1995,
the
department
shall
27
report
to
the
general
assembly
on
the
progress
that
has
been
28
made
by
each
planning
area
on
attainment
of
the
July
1,
1994,
29
twenty-five
percent
goal.
30
(1)
If
at
any
time
the
department
determines
that
a
planning
31
area
has
met
or
exceeded
the
twenty-five
percent
goal,
but
has
32
not
met
or
exceeded
the
fifty
percent
goal,
a
planning
area
33
shall
subtract
sixty
cents
from
the
total
amount
of
the
tonnage
34
fee
imposed
pursuant
to
section
455B.310
.
If
at
any
time
the
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department
determines
that
a
planning
area
has
met
or
exceeded
1
the
fifty
percent
goal,
a
planning
area
shall
subtract
fifty
2
cents
from
the
total
amount
of
the
tonnage
fee
imposed
pursuant
3
to
section
455B.310
.
The
reduction
in
tonnage
fees
pursuant
4
to
this
paragraph
subparagraph
shall
be
taken
from
that
5
portion
of
the
tonnage
fees
which
would
have
been
allocated
for
6
funding
alternatives
to
landfills
pursuant
to
section
455E.11,
7
subsection
2
,
paragraph
“a”
,
subparagraph
(1).
8
(2)
If
the
department
determines
that
a
planning
area
has
9
failed
to
meet
the
July
1,
1994,
twenty-five
percent
goal,
the
10
planning
area
shall,
at
a
minimum,
implement
the
solid
waste
11
management
techniques
as
listed
in
subsection
4
.
Evidence
of
12
implementation
of
the
solid
waste
management
techniques
shall
13
be
documented
in
subsequent
comprehensive
plans
submitted
to
14
the
department.
15
b.
(1)
By
October
31,
2000,
a
planning
area
shall
submit
to
16
the
department,
a
solid
waste
abatement
table
which
is
updated
17
through
June
30,
2000.
By
April
1,
2001,
the
department
shall
18
report
to
the
general
assembly
on
the
progress
that
has
been
19
made
by
each
planning
area
on
attainment
of
the
July
1,
2000,
20
fifty
percent
goal.
21
(2)
If
at
any
time
the
department
determines
that
a
planning
22
area
has
met
or
exceeded
the
fifty
percent
goal,
the
planning
23
area
shall
subtract
fifty
cents
from
the
total
amount
of
the
24
tonnage
fee
imposed
pursuant
to
section
455B.310
.
This
amount
25
shall
be
in
addition
to
any
amount
subtracted
pursuant
to
26
paragraph
“a”
of
this
subsection
.
The
reduction
in
tonnage
27
fees
pursuant
to
this
paragraph
subparagraph
shall
be
taken
28
from
that
portion
of
the
tonnage
fees
which
would
have
been
29
allocated
to
funding
alternatives
to
landfills
pursuant
to
30
section
455E.11,
subsection
2
,
paragraph
“a”
,
subparagraph
31
(1).
Except
for
fees
required
under
subsection
4
,
paragraph
32
“a”
,
a
planning
area
failing
to
meet
the
fifty
percent
goal
33
is
not
required
to
remit
any
additional
tonnage
fees
to
the
34
department.
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Sec.
109.
Section
455D.10B,
subsections
2
and
3,
Code
2011,
1
are
amended
to
read
as
follows:
2
2.
a.
A
rechargeable
consumer
product
manufacturer
may
3
apply
to
the
department
for
exemption
from
the
requirements
of
4
subsection
1
if
any
of
the
following
apply:
5
a.
(1)
The
product
cannot
be
redesigned
or
manufactured
to
6
comply
with
the
requirements
prior
to
January
1,
1994.
7
b.
(2)
The
redesign
of
the
product
to
comply
with
the
8
requirements
would
result
in
significant
danger
to
public
9
health
and
safety.
10
c.
(3)
The
battery
poses
no
unreasonable
hazard
to
public
11
health,
safety,
or
the
environment
when
placed
in
and
processed
12
or
disposed
of
as
part
of
mixed
municipal
solid
waste,
pursuant
13
to
section
455D.10A
.
14
d.
(4)
The
consumer
product
manufacturer
has
in
operation
15
a
program
to
recycle
used
batteries
in
an
environmentally
sound
16
manner.
17
b.
A
manufacturer
of
a
product
that
is
powered
by
a
battery
18
that
cannot
be
easily
removed
who
has
been
granted
an
exemption
19
under
this
subsection
shall
label
the
product
as
required
in
20
subsection
1
,
paragraph
“b”
.
21
3.
An
exemption
granted
by
the
department
under
subsection
22
2
,
paragraph
“a”
,
subparagraph
(1),
is
limited
to
a
maximum
of
23
two
years,
but
may
be
renewed.
24
Sec.
110.
Section
455E.11,
subsection
2,
paragraph
c,
Code
25
2011,
is
amended
to
read
as
follows:
26
c.
A
household
hazardous
waste
account.
27
(1)
The
moneys
collected
pursuant
to
section
455F.7
28
and
moneys
collected
pursuant
to
section
29C.8A
which
are
29
designated
for
deposit,
shall
be
deposited
in
the
household
30
hazardous
waste
account.
Two
thousand
dollars
is
appropriated
31
annually
to
the
Iowa
department
of
public
health
to
carry
32
out
departmental
duties
under
section
135.11
,
subsections
18
33
and
19
,
and
section
139A.21
.
The
remainder
of
the
account
34
shall
be
used
to
fund
toxic
cleanup
days
and
the
efforts
of
35
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the
department
to
support
a
collection
system
for
household
1
hazardous
materials,
including
public
education
programs,
2
training,
and
consultation
of
local
governments
in
the
3
establishment
and
operation
of
permanent
collection
systems,
4
and
the
management
of
collection
sites,
education
programs,
5
and
other
activities
pursuant
to
chapter
455F
,
including
the
6
administration
of
the
household
hazardous
materials
permit
7
program
by
the
department
of
revenue.
8
(2)
The
department
shall
submit
to
the
general
assembly,
9
annually
on
or
before
January
1,
an
itemized
report
which
10
includes
but
is
not
limited
to
the
total
amount
of
moneys
11
collected
and
the
sources
of
the
moneys
collected,
the
12
amount
of
moneys
expended
for
administration
of
the
programs
13
funded
within
the
account,
and
an
itemization
of
any
other
14
expenditures
made
within
the
previous
fiscal
year.
15
Sec.
111.
Section
455G.9,
subsection
1,
paragraph
g,
Code
16
2011,
is
amended
to
read
as
follows:
17
g.
(1)
Corrective
action
for
the
costs
of
a
release
under
18
all
of
the
following
conditions:
19
(1)
(a)
The
property
upon
which
the
tank
causing
the
20
release
was
situated
was
transferred
by
inheritance,
devise,
21
or
bequest.
22
(2)
(b)
The
property
upon
which
the
tank
causing
the
23
release
was
situated
has
not
been
used
to
store
or
dispense
24
petroleum
since
December
31,
1975.
25
(3)
(c)
The
person
who
received
the
property
by
26
inheritance,
devise,
or
bequest
was
not
the
owner
of
the
27
property
during
the
period
of
time
when
the
release
which
is
28
the
subject
of
the
corrective
action
occurred.
29
(4)
(d)
The
release
was
reported
to
the
board
by
October
30
26,
1991.
31
(2)
Corrective
action
costs
and
copayment
amounts
under
32
this
paragraph
“g”
shall
be
paid
in
accordance
with
subsection
33
4
.
34
(3)
A
person
requesting
benefits
under
this
paragraph
“g”
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may
establish
that
the
conditions
of
subparagraphs
subparagraph
1
(1),
(2),
and
(3)
subparagraph
divisions
(a),
(b),
and
(c),
2
are
met
through
the
use
of
supporting
documents,
including
a
3
personal
affidavit.
4
Sec.
112.
Section
455G.9,
subsection
5,
Code
2011,
is
5
amended
to
read
as
follows:
6
5.
Recovery
of
gain
on
sale
of
property.
7
a.
If
an
owner
or
operator
ceases
to
own
or
operate
a
tank
8
site
for
which
remedial
account
benefits
were
received
within
9
ten
years
of
the
receipt
of
any
account
benefit
and
sells
or
10
transfers
a
property
interest
in
the
tank
site
for
an
amount
11
which
exceeds
one
hundred
twenty
percent
of
the
precorrective
12
action
value,
adjusted
for
equipment
and
capital
improvements,
13
the
owner
or
operator
shall
refund
to
the
remedial
account
14
an
amount
equal
to
ninety
percent
of
the
amount
in
excess
of
15
one
hundred
twenty
percent
of
the
precorrective
action
value
16
up
to
a
maximum
of
the
expenses
incurred
by
the
remedial
17
account
associated
with
the
tank
site
plus
interest,
equal
18
to
the
interest
for
the
most
recent
twelve-month
period
for
19
the
most
recent
bond
issue
for
the
fund,
on
the
expenses
20
incurred,
compounded
annually.
An
owner
or
operator
under
this
21
subsection
shall
notify
the
board
of
the
sale
or
transfer
of
22
the
property
interest
in
the
tank
site.
Expenses
incurred
23
by
the
fund
are
a
lien
upon
the
property
recordable
and
24
collectible
in
the
same
manner
as
the
lien
provided
for
in
25
section
424.11
at
the
time
of
sale
or
transfer,
subject
to
the
26
terms
of
this
section
.
27
b.
This
subsection
shall
not
apply
if
the
sale
or
transfer
28
is
pursuant
to
a
power
of
eminent
domain,
or
benefits.
When
29
federal
cleanup
funds
are
recovered,
the
funds
are
to
be
30
deposited
to
the
remedial
account
of
the
fund
and
used
solely
31
for
the
purpose
of
future
cleanup
activities.
32
Sec.
113.
Section
455G.12A,
subsections
2
and
3,
Code
2011,
33
are
amended
to
read
as
follows:
34
2.
Contract
approval.
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a.
In
the
course
of
review
and
approval
of
a
contract
1
pursuant
to
this
section
,
the
administrator
may
require
an
2
owner
or
operator
to
obtain
and
submit
three
bids,
provided
3
that
the
administrator
coordinates
bid
submission
with
the
4
department.
The
administrator
may
require
specific
terms
and
5
conditions
in
a
contract
subject
to
approval.
6
b.
The
board
shall
have
authority
to
contract
for
site
7
cleanup
reports.
The
board’s
responsibility
for
site
cleanup
8
reports
is
limited
to
those
site
cleanup
reports
subject
to
9
approval
by
the
department
of
natural
resources
and
required
in
10
connection
with
the
remediation
of
a
release
which
is
eligible
11
for
benefits
under
section
455G.9
.
The
site
cleanup
report
12
shall
address
existing
and
available
remedial
technologies
and
13
the
costs
associated
with
the
use
of
each
technology.
The
14
board
shall
not
have
the
authority
to
affect
a
contract
which
15
has
been
given
written
approval
under
this
section
.
16
3.
Exclusive
contracts.
17
a.
The
administrator
may
enter
into
a
contract
or
an
18
exclusive
contract
with
the
supplier
of
goods
or
services
19
required
by
a
class
of
tank
owners
or
operators
in
connection
20
with
an
expense
payable
or
reimbursable
from
the
fund,
to
21
supply
a
specified
good
or
service
for
a
gross
maximum
price,
22
fixed
rate,
on
an
exclusive
basis,
or
subject
to
another
23
contract
term
or
condition
reasonably
calculated
to
obtain
24
goods
or
services
for
the
fund
or
for
tank
owners
and
operators
25
at
a
reasonable
cost.
A
contract
may
provide
for
direct
26
payment
from
the
fund
to
a
supplier.
27
b.
The
administrator
may
retain,
subject
to
board
approval,
28
an
independent
person
to
assist
in
the
review
of
work
required
29
in
connection
with
a
release
or
tank
system
for
which
fund
30
benefits
are
sought,
and
to
establish
prevailing
cost
of
goods
31
and
services
needed.
Nothing
in
this
section
is
intended
to
32
preempt
the
regulatory
authority
of
the
department.
33
Sec.
114.
Section
455G.13,
subsections
4
and
10,
Code
2011,
34
are
amended
to
read
as
follows:
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4.
Treble
damages
for
certain
violations.
1
a.
Notwithstanding
subsections
2
and
3
,
the
owner
or
2
operator,
or
both,
of
a
tank
are
liable
to
the
fund
for
3
punitive
damages
in
an
amount
equal
to
three
times
the
amount
4
of
any
cost
incurred
or
moneys
expended
by
the
fund
as
a
5
result
of
a
release
of
petroleum
from
the
tank
if
the
owner
or
6
operator
did
any
of
the
following:
7
a.
(1)
Failed,
without
sufficient
cause,
to
respond
to
a
8
release
of
petroleum
from
the
tank
upon,
or
in
accordance
with,
9
a
notice
issued
by
the
director
of
the
department
of
natural
10
resources.
11
b.
(2)
After
May
5,
1989,
failed
to
perform
any
of
the
12
following:
13
(1)
(a)
Failed
to
register
the
tank,
which
was
known
to
14
exist
or
reasonably
should
have
been
known
to
exist.
15
(2)
(b)
Intentionally
failed
to
report
a
known
release.
16
b.
The
punitive
damages
imposed
under
this
subsection
are
in
17
addition
to
any
costs
or
expenditures
recovered
from
the
owner
18
or
operator
pursuant
to
this
chapter
and
in
addition
to
any
19
other
penalty
or
relief
provided
by
this
chapter
or
any
other
20
law.
21
c.
However,
the
state,
a
city,
county,
or
other
political
22
subdivision
shall
not
be
liable
for
punitive
damages.
23
10.
Claims
against
potentially
responsible
parties.
24
a.
Upon
payment
by
the
fund
for
corrective
action
or
25
third-party
liability
pursuant
to
this
chapter
,
the
rights
26
of
the
claimant
to
recover
payment
from
any
potentially
27
responsible
party,
are
assumed
by
the
board
to
the
extent
paid
28
by
the
fund.
A
claimant
is
precluded
from
receiving
double
29
compensation
for
the
same
injury.
30
b.
In
an
action
brought
pursuant
to
this
chapter
seeking
31
damages
for
corrective
action
or
third-party
liability,
the
32
court
shall
permit
evidence
and
argument
as
to
the
replacement
33
or
indemnification
of
actual
economic
losses
incurred
or
to
be
34
incurred
in
the
future
by
the
claimant
by
reason
of
insurance
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benefits,
governmental
benefits
or
programs,
or
from
any
other
1
source.
2
c.
A
claimant
may
elect
to
permit
the
board
to
pursue
the
3
claimant’s
cause
of
action
for
any
injury
not
compensated
by
4
the
fund
against
any
potentially
responsible
party,
provided
5
the
attorney
general
determines
such
representation
would
6
not
be
a
conflict
of
interest.
If
a
claimant
so
elects,
7
the
board’s
litigation
expenses
shall
be
shared
on
a
pro
8
rata
basis
with
the
claimant,
but
the
claimant’s
share
of
9
litigation
expenses
is
payable
exclusively
from
any
share
of
10
the
settlement
or
judgment
payable
to
the
claimant.
11
Sec.
115.
Section
456A.36,
subsection
2,
Code
2011,
is
12
amended
to
read
as
follows:
13
2.
a.
(1)
A
timber
buyer
shall
file
with
the
commission
a
14
surety
bond
signed
by
the
person
as
principal
and
a
corporate
15
surety
authorized
to
engage
in
the
business
of
executing
surety
16
bonds
within
the
state.
In
lieu
of
a
corporate
surety
a
17
timber
buyer
may,
with
the
approval
of
the
commission,
file
a
18
bond
signed
by
the
timber
buyer
as
principal
and
accompanied
19
by
a
bank
certificate
of
deposit
in
a
form
approved
by
the
20
commission
showing
to
the
satisfaction
of
the
commission
that
21
funds
equal
to
the
amount
of
the
required
bond
are
on
deposit
22
in
a
bank
to
be
held
by
the
bank
for
the
period
covered
by
the
23
certificate.
The
funds
shall
be
made
payable
upon
demand
to
24
the
director,
subject
to
the
provisions
of
this
section
,
for
25
the
use
and
benefit
of
the
people
of
the
state
and
for
the
26
use
and
benefit
of
a
timber
grower
from
whom
the
timber
buyer
27
purchased
and
who
is
not
paid
by
the
timber
buyer
or
for
the
28
use
and
benefit
of
a
timber
grower
whose
timber
has
been
cut
by
29
the
timber
buyer
or
the
timber
buyer’s
agents,
and
who
has
not
30
been
paid.
31
(2)
The
principal
amount
of
the
bond
shall
be
ten
percent
of
32
the
total
amount
paid
to
timber
growers
during
the
preceding
33
year,
plus
ten
percent
of
the
total
amount
due
or
delinquent
34
and
unpaid
to
timber
growers
at
the
end
of
the
preceding
35
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year,
and
ten
percent
of
the
market
value
of
growers’
shares
1
of
timber
harvested
during
the
previous
year.
However,
the
2
total
amount
of
the
bond
shall
be
not
less
than
three
thousand
3
dollars
and
not
more
than
fifteen
thousand
dollars.
4
(3)
The
bond
or
surety
shall
not
be
canceled
or
altered
5
except
upon
at
least
sixty
days’
notice
in
writing
to
the
6
commission.
7
(4)
Bonds
shall
be
in
the
form
approved
by
the
director,
8
be
conditioned
to
secure
an
honest
cutting
and
accounting
for
9
timber
purchased
by
the
timber
buyer,
secure
payment
to
the
10
timber
growers,
and
insure
the
timber
growers
against
all
11
fraudulent
acts
of
the
timber
buyer
in
the
purchase
and
cutting
12
of
the
timber
of
this
state.
13
b.
If
a
timber
buyer
fails
to
pay
when
due
an
amount
due
14
a
timber
grower
for
timber
purchased,
or
fails
to
pay
legally
15
determined
damages
for
timber
wrongfully
cut
by
a
timber
buyer
16
or
the
buyer’s
agent,
or
commits
a
violation
of
this
section
,
17
an
action
on
the
bond
for
forfeiture
may
be
commenced.
The
18
action
is
not
exclusive
and
is
in
addition
to
other
legal
19
remedies
available.
20
c.
The
timber
grower,
the
owner
of
timber
cut,
or
the
21
director
may
bring
action
on
the
bond
for
payment
of
the
amount
22
due
from
proceeds
of
the
bond
in
the
district
court
of
the
23
county
in
which
the
place
of
business
of
the
timber
buyer
is
24
situated
or
in
any
other
lawful
venue.
25
d.
The
attorney
general,
upon
request
of
the
commission,
26
shall
institute
proceedings
to
have
the
bond
of
the
timber
27
buyer
forfeited
for
violation
of
any
of
the
provisions
of
this
28
section
or
for
noncompliance
with
a
commission
rule.
A
timber
29
buyer
whose
bond
has
been
forfeited
shall
not
engage
in
the
30
business
of
buying
timber
for
one
year
after
the
forfeiture.
31
e.
If
the
commission
realizes
more
than
the
amount
of
32
liability
from
the
security,
after
deducting
expenses
incurred
33
in
converting
the
security
into
money,
the
commission
shall
pay
34
the
excess
to
the
timber
buyer
who
furnished
the
security.
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Sec.
116.
Section
459A.103,
subsection
1,
paragraph
c,
Code
1
2011,
is
amended
to
read
as
follows:
2
c.
(1)
For
purposes
of
determining
whether
two
or
more
open
3
feedlot
operations
are
under
common
ownership,
a
person
must
4
hold
an
interest
in
each
of
the
open
feedlot
operations
as
any
5
of
the
following:
6
(1)
(a)
A
sole
proprietor.
7
(2)
(b)
A
joint
tenant
or
tenant
in
common.
8
(3)
(c)
A
holder
of
a
majority
equity
interest
in
a
9
business
association
as
defined
in
section
202B.102
,
including
10
but
not
limited
to
as
a
shareholder,
partner,
member,
or
11
beneficiary.
12
(2)
An
interest
in
the
open
feedlot
operation
under
13
subparagraph
(2)
or
(3)
(1),
subparagraph
division
(b)
or
(c),
14
which
is
held
directly
or
indirectly
by
the
person’s
spouse
or
15
dependent
child
shall
be
attributed
to
the
person.
16
Sec.
117.
Section
460.304,
subsection
3,
paragraph
b,
17
unnumbered
paragraph
2,
Code
2011,
is
amended
to
read
as
18
follows:
19
c.
The
department
of
natural
resources
shall
cooperate
with
20
the
division
by
providing
information
necessary
to
administer
21
this
subsection
.
22
Sec.
118.
Section
461A.3A,
subsection
2,
unnumbered
23
paragraph
2,
Code
2011,
is
amended
to
read
as
follows:
24
3.
The
department
shall
provide
in
its
annual
budget
25
documentations
to
the
governor
and
general
assembly
a
report
on
26
the
use
of
moneys
under
the
program
since
the
last
report
and
27
the
projected
use
of
future
moneys.
28
Sec.
119.
Section
462A.5,
subsection
4,
Code
2011,
is
29
amended
to
read
as
follows:
30
4.
a.
If
a
person,
after
registering
a
vessel,
moves
31
from
the
address
shown
on
the
registration
certificate,
the
32
person
shall,
within
ten
days,
notify
the
county
recorder
in
33
writing
of
the
old
and
new
address.
If
appropriate,
the
county
34
recorder
shall
forward
all
past
records
of
the
vessel
to
the
35
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recorder
of
the
county
in
which
the
owner
resides.
1
b.
If
the
name
of
a
person,
who
has
registered
a
vessel,
is
2
changed,
the
person
shall,
within
ten
days,
notify
the
county
3
recorder
of
the
former
and
new
name.
4
c.
No
fee
shall
be
paid
to
the
county
recorder
for
making
5
the
changes
mentioned
in
this
subsection
,
unless
the
owner
6
requests
a
new
registration
certificate
showing
the
change,
in
7
which
case
a
fee
of
one
dollar
plus
a
writing
fee
shall
be
paid
8
to
the
recorder.
9
d.
If
a
registration
certificate
is
lost,
mutilated
or
10
becomes
illegible,
the
owner
shall
immediately
make
application
11
for
and
obtain
a
duplicate
registration
certificate
by
12
furnishing
information
satisfactory
to
the
county
recorder.
A
13
fee
of
one
dollar
plus
a
writing
fee
shall
be
paid
to
the
county
14
recorder
for
a
duplicate
registration
certificate.
15
A
fee
of
one
dollar
plus
a
writing
fee
shall
be
paid
to
the
16
county
recorder
for
a
duplicate
registration
certificate.
17
e.
If
a
vessel,
registered
under
this
chapter
,
is
destroyed
18
or
abandoned,
the
destruction
or
abandonment
shall
be
reported
19
to
the
county
recorder
and
the
registration
certificate
shall
20
be
forwarded
to
the
office
of
the
county
recorder
within
ten
21
days
after
the
destruction
or
abandonment.
22
Sec.
120.
Section
465A.1,
Code
2011,
is
amended
to
read
as
23
follows:
24
465A.1
Statement
of
purpose
——
intent.
25
1.
The
general
assembly
finds
that:
26
1.
a.
Iowa’s
most
significant
open
space
lands
are
27
essential
to
the
well-being
and
quality
of
life
for
Iowans
and
28
to
the
economic
viability
of
the
state’s
recreation
and
tourism
29
industry.
30
2.
b.
Many
areas
of
high
national
significance
in
the
state
31
have
not
received
adequate
public
protection
to
keep
them
free
32
of
visual
blight,
resource
degradation,
and
negative
impacts
33
from
inappropriate
land
use
and
surrounding
development.
Some
34
of
these
areas
include
national
park
service
and
United
States
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fish
and
wildlife
service
properties,
national
landmarks
and
1
trails,
the
Des
Moines
river
greenbelt,
the
great
river
road,
2
areas
where
interstate
highways
enter
the
state,
cross
major
3
rivers,
and
pass
by
other
areas
of
national
significance,
major
4
state
park
and
recreation
areas,
unique
and
protected
water
5
areas,
and
significant
natural,
geological,
scenic,
historic,
6
and
cultural
properties
of
the
state.
7
3.
c.
While
state
and
federal
funds
are
generally
available
8
for
the
acquisition
and
protection
of
fish
and
wildlife
areas
9
and
habitats
as
well
as
boating
access
to
public
waters,
10
funding
programs
for
public
open
space
acquisition
and
11
protection
have
not
been
adequate
to
meet
needs.
12
4.
d.
Relative
to
other
midwestern
states,
Iowa
ranks
last
13
in
the
proportion
of
land
acquired
and
protected
for
public
14
open
space.
15
5.
2.
a.
A
program
shall
be
established
to:
16
a.
(1)
Educate
the
citizens
of
the
state
about
the
needs
17
and
urgency
of
protecting
the
state’s
open
spaces.
18
b.
(2)
Plan
for
the
protection
of
the
state’s
significant
19
open
space
areas.
20
c.
(3)
Acquire
and
protect
those
properties
on
a
priority
21
basis
through
a
variety
of
appropriate
means.
22
b.
In
addition
to
other
goals
for
the
program,
it
is
23
intended
that
a
minimum
of
ten
percent
of
the
state’s
land
area
24
be
included
under
some
form
of
public
open
space
protection
by
25
the
year
2000.
26
Sec.
121.
Section
468.65,
Code
2011,
is
amended
to
read
as
27
follows:
28
468.65
Reclassification.
29
1.
When,
after
a
drainage
or
levee
district
has
been
30
established,
except
districts
established
by
mutual
agreement
31
in
accordance
with
section
468.142
,
and
the
improvements
32
thereof
constructed
and
put
in
operation,
there
has
been
a
33
material
change
as
to
lands
occupied
by
highway
or
railroad
34
right-of-way
or
in
the
character
of
the
lands
benefited
by
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the
improvement,
or
when
a
repair,
improvement,
or
extension
1
has
become
necessary,
the
board
may
consider
whether
the
2
existing
assessments
are
equitable
as
a
basis
for
payment
of
3
the
expense
of
maintaining
the
district
and
of
making
the
4
repair,
improvement
or
extension.
If
they
find
the
same
to
5
be
inequitable
in
any
particular,
they
shall
by
resolution
6
express
such
finding,
appoint
three
commissioners
possessing
7
the
qualifications
prescribed
in
section
468.38
and
order
a
8
reclassification
as
follows:
9
1.
a.
If
they
find
the
assessments
to
be
generally
10
inequitable
they
shall
order
a
reclassification
of
all
property
11
subject
to
assessment,
such
as
lands,
highways,
and
railroads
12
in
said
district.
13
2.
b.
If
the
inequity
ascertained
by
the
board
is
limited
14
to
the
proportion
paid
by
highways
or
railroads,
a
general
15
reclassification
of
all
lands
shall
not
be
necessary
but
the
16
commissioners
may
evaluate
and
determine
the
fair
proportion
17
to
be
paid
by
such
highways
or
railroads
or
both
as
provided
in
18
sections
468.42
and
468.43
.
19
3.
c.
Any
benefits
of
a
character
for
which
levee
20
or
drainage
districts
may
be
established
and
which
are
21
attributable
to
or
enhanced
by
the
improvement
or
by
the
22
repair,
improvement,
or
extension
thereof,
shall
be
a
proper
23
subject
of
consideration
in
a
reclassification
notwithstanding
24
the
district
may
have
been
originally
established
for
a
limited
25
purpose.
26
4.
d.
(1)
If
after
a
district
has
been
reclassified,
27
the
board
in
its
judgment
concludes
there
were
errors
in
the
28
reclassification
or
there
is
an
inequitable
assessment
of
29
benefits,
the
board
may
on
its
own
motion,
after
notice
to
the
30
landowners
involved
as
provided
in
sections
468.14
through
31
468.18
and
by
resolution,
order
the
district
or
any
portion
of
32
the
district
to
again
be
reclassified
as
prescribed
in
this
33
section
and
in
section
468.67
.
34
(2)
The
board
may
include
in
its
resolution
an
order
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to
the
commissioners
that
they
prepare
special
common
1
outlet
classifications,
if
needed,
in
conjunction
with
the
2
reclassification
of
the
district.
3
2.
Such
reclassification
when
finally
adopted
shall
remain
4
the
basis
for
all
future
assessments
unless
revised
as
provided
5
in
this
subchapter,
parts
1
through
5
.
6
Sec.
122.
Section
468.184,
subsections
1,
2,
5,
6,
and
10,
7
Code
2011,
are
amended
to
read
as
follows:
8
1.
a.
(1)
When
a
levee
district
shall
have
been
located
9
and
finally
established;
or
10
b.
(2)
When
the
required
proceedings
have
been
taken
to
11
enlarge,
extend,
strengthen,
raise,
relocate,
reconstruct,
or
12
improve
any
existing
levee;
or
13
c.
(3)
When
the
required
proceedings
have
been
held
to
14
annex
additional
lands
to
said
levee
district
or
to
exclude
or
15
eliminate
lands
from
said
levee
district;
or
16
d.
(4)
When
a
plan
of
the
United
States
government
for
the
17
construction
of
any
levee,
or
a
portion
of
a
levee,
in
said
18
levee
district,
or
for
the
enlarging,
extending,
strengthening,
19
raising,
relocating,
reconstructing,
or
improving
any
existing
20
levee,
or
a
portion
thereof,
in
accordance
with
any
such
plan
21
in
said
levee
district,
has
been
heretofore
or
hereafter
22
adopted
by
such
levee
district
under
the
provisions
of
sections
23
468.201
through
468.216
;
or
24
e.
(5)
When
the
board
shall,
as
authorized
by
section
25
468.65
,
determine
that
the
assessments
of
benefits
of
said
26
levee
district
against
the
lands
in
said
levee
district
are
27
generally
inequitable
the
board
may
by
resolution,
or
if
28
a
petition
is
filed
by
more
than
one-third
of
the
owners,
29
including
corporations,
of
land
within
said
levee
district
and
30
who
in
the
aggregate
own
more
than
one-third
of
the
value
of
31
the
land
and
land
improvements
in
said
levee
district
as
the
32
value
thereof
is
then
shown
by
the
general
tax
records
of
the
33
county
or
counties
in
which
such
land
and
land
improvements
34
are
located,
requesting
the
board
to
do
so,
the
board
shall
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order
the
lands
in
said
levee
district
and
the
improvements
on
1
the
land
in
said
levee
district
classified
or
reclassified
in
2
accordance
with
the
assessed
taxable
value
of
said
land
and
3
land
improvements
as
the
same
are
then
shown
and
as
the
same
4
may
be
thereafter
shown
by
the
assessment
roll
of
the
county
or
5
counties
in
which
said
land
and
land
improvements
are
located.
6
b.
The
assessed
taxable
value
of
any
land,
including
7
land
improvements
exempt
from
general
taxation
but
subject
8
to
assessment
for
levee
purposes,
shall
be
determined
by
the
9
county
assessor
who
shall
make
such
determination
in
accordance
10
with
the
rules
of
assessment
applicable
to
adjacent
lands
and
11
without
any
additional
compensation
therefor.
12
2.
a.
If
the
board
orders
classification
or
13
reclassification
of
lands
as
authorized
in
subsection
1
14
of
this
section
,
the
board
shall
fix
a
time
and
place
for
a
15
hearing
to
be
held
upon
the
action
of
the
board
in
ordering
16
such
classification
or
reclassification,
which
hearing
shall
17
be
held
at
the
county
seat
of
the
county
having
the
largest
18
acreage
in
said
levee
district.
The
board
shall
cause
notice
19
of
the
time
and
place
of
such
hearing
to
be
served
by
the
county
20
auditor
or
auditors
upon
each
person
whose
name
appears
as
21
owner
of
lands
or
land
improvements
within
the
levee
district
22
in
the
transfer
books
of
the
auditor’s
office
in
the
county
or
23
counties
in
which
said
levee
district
is
located,
naming
that
24
person,
and
also
upon
the
person
or
persons
in
actual
occupancy
25
of
any
tract
of
land
or
land
improvements
located
in
said
levee
26
district,
without
naming
that
person
or
persons.
Such
notice
27
shall
be
for
the
same
time
and
served
in
the
same
manner
as
is
28
provided
for
the
establishment
of
a
levee
district,
and
such
29
notice
shall
state:
30
a.
(1)
The
aggregate
estimated
costs
and
expenses
which
31
the
board
proposes
to
assess
under
such
classification
or
32
reclassification;
33
b.
(2)
The
total
aggregate
assessed
taxable
value
of
all
34
lands
and
land
improvements
in
said
levee
district;
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c.
(3)
That
the
said
classification
or
reclassification
1
of
benefits
will
be
based
on
the
assessed
taxable
value
of
all
2
lands
and
improvements
to
lands
located
in
said
levee
district;
3
d.
(4)
That
each
tract
of
land
and
each
land
improvement
in
4
said
levee
district
will
be
assessed
for
its
pro
rata
share
of
5
said
costs
and
expenses
based
upon
the
ratio
that
the
assessed
6
value
of
each
tract
of
land
and
the
assessed
value
of
each
land
7
improvement
bears
to
the
total
assessed
taxable
value
of
all
8
lands
and
all
land
improvements
in
said
district;
and
9
e.
(5)
That
all
objections
to
said
method
of
classification
10
or
reclassification
shall
be
in
writing
and
filed
with
the
11
auditor
of
the
county
in
which
said
land
or
land
improvements
12
are
located
before
the
time
set
for
said
hearing
or
with
the
13
board
of
trustees
of
said
district
at
or
before
the
time
set
14
for
such
hearing.
15
b.
The
notice
need
not
show
the
amount
of
such
costs
16
and
expenses
to
be
apportioned
to
each
such
owner
or
to
any
17
particular
tract
of
land
or
land
improvement
within
such
levee
18
district.
19
5.
If
the
board
shall
determine
that
the
cost
and
expenses
20
shall
be
assessed
on
the
basis
of
assessed
taxable
value
as
21
hereinabove
provided
in
subsections
1
through
4
,
then
such
22
basis
shall
be
used
for
all
future
assessments
made
for
the
23
purposes
of
said
levee
district
except
if
said
assessed
taxable
24
value
of
lands
and
land
improvements
in
said
levee
district
25
may
be
changed
or
revised
by
the
county
assessor
in
the
26
county
or
counties
in
which
the
same
are
located
for
general
27
tax
purposes,
then
any
such
revision
made
in
the
assessed
28
taxable
value
by
any
such
county
assessor
shall
automatically
29
constitute
a
revision
of
the
classification
of
such
land
or
30
land
improvements
for
future
assessments
made
by
the
board
for
31
the
purpose
of
said
levee
district.
32
6.
In
lieu
of
the
hearing
provided
for
in
the
preceding
33
subsections
1
through
5
,
the
board
may,
and
if
the
petition
of
34
owners
provided
for
in
the
preceding
subsections
1
through
5
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so
asks,
the
board
shall
call
for
an
election
for
the
purpose
1
of
determining
the
question
of
classification
on
the
basis
of
2
assessed
value
of
lands
and
land
improvements.
The
question
3
may
be
submitted
at
a
regular
election
of
the
district
or
at
4
a
special
election
called
for
that
purpose.
It
shall
not
be
5
mandatory
for
the
county
commissioner
of
elections
to
conduct
6
the
elections,
however
provisions
of
sections
49.43
through
7
49.47
and
of
subchapter
III
of
this
chapter
,
insofar
as
the
8
same
are
applicable,
shall
govern
all
such
elections,
and
the
9
question
to
be
submitted
shall
be
set
forth
in
the
notice
of
10
election.
If
sixty
percent
of
the
votes
cast
be
in
favor
of
the
11
proposed
change
in
assessment,
it
shall
become
effective
for
12
all
future
assessments
as
heretofore
provided
in
this
section
.
13
If
the
question
should
fail,
no
new
election
on
the
subject
may
14
be
called
for
a
period
of
one
year.
15
10.
a.
All
proceedings
taken
prior
to
July
1,
1968,
16
purporting
to
establish
or
reestablish
a
drainage
or
levee
17
district
or
districts,
or
to
enlarge
or
change
the
boundaries
18
of
any
drainage
or
levee
district,
and
any
assessments
not
19
heretofore
declared
invalid
by
any
court,
are
hereby
legalized,
20
validated,
and
confirmed.
21
b.
The
foregoing
shall
not
be
construed
to
affect
any
22
litigation
that
may
be
pending
at
the
time
this
section
23
becomes
effective
involving
the
establishment,
reestablishment,
24
enlargement,
or
change
in
boundaries
or
any
assessments
of
25
drainage
or
levee
districts.
26
Sec.
123.
Section
468.201,
subsection
2,
unnumbered
27
paragraph
2,
Code
2011,
is
amended
to
read
as
follows:
28
3.
If
the
federal
program
divides
a
project
into
separate
29
phases,
each
phase
shall
be
considered
a
separate
program
as
30
described
in
section
468.126,
subsection
4
,
and
shall
in
no
31
event
be
construed
as
an
unauthorized
division
into
separate
32
programs
to
avoid
the
twenty-five
percent
limitation
prescribed
33
for
making
improvements
under
said
section
468.126,
subsection
34
4
,
without
notice
and
hearing.
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Sec.
124.
Section
468.359,
subsection
2,
unnumbered
1
paragraph
2,
Code
2011,
is
amended
to
read
as
follows:
2
3.
For
the
purpose
of
this
section
the
word
“improvement”
3
shall
include
the
construction,
reconstruction,
enlargement
and
4
relocation
of
levees
and
acquisition
of
rights-of-way
therefor.
5
Sec.
125.
Section
476.42,
subsections
1
and
4,
Code
2011,
6
are
amended
to
read
as
follows:
7
1.
a.
“Alternate
energy
production
facility”
means
any
or
8
all
of
the
following:
9
a.
(1)
A
solar,
wind
turbine,
waste
management,
resource
10
recovery,
refuse-derived
fuel,
agricultural
crops
or
residues,
11
or
woodburning
facility.
12
b.
(2)
Land,
systems,
buildings,
or
improvements
that
are
13
located
at
the
project
site
and
are
necessary
or
convenient
to
14
the
construction,
completion,
or
operation
of
the
facility.
15
c.
(3)
Transmission
or
distribution
facilities
necessary
to
16
conduct
the
energy
produced
by
the
facility
to
users
located
at
17
or
near
the
project
site.
18
b.
A
facility
which
is
a
qualifying
facility
under
18
C.F.R.
19
pt.
292,
subpt.
B
is
not
precluded
from
being
an
alternate
20
energy
production
facility
under
this
division
.
21
4.
a.
“Small
hydro
facility”
means
any
or
all
of
the
22
following:
23
a.
(1)
A
hydroelectric
facility
at
a
dam.
24
b.
(2)
Land,
systems,
buildings,
or
improvements
that
are
25
located
at
the
project
site
and
are
necessary
or
convenient
to
26
the
construction,
completion,
or
operation
of
the
facility.
27
c.
(3)
Transmission
or
distribution
facilities
necessary
to
28
conduct
the
energy
produced
by
the
facility
to
users
located
at
29
or
near
the
project
site.
30
b.
A
facility
which
is
a
qualifying
facility
under
18
C.F.R.
31
pt.
292,
subpt.
B
is
not
precluded
from
being
a
small
hydro
32
facility
under
this
division
.
33
DIVISION
III
34
INTERNAL
REFERENCE
CHANGES
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Sec.
126.
Section
15.103,
subsection
1,
paragraph
b,
1
subparagraph
(7),
Code
2011,
is
amended
to
read
as
follows:
2
(7)
Economics
or
alternative
and
renewable
energy
including
3
the
alternative
and
renewable
energy
sectors
listed
in
section
4
476.42,
subsection
1
,
paragraph
“a”
,
subparagraph
(1)
.
5
Sec.
127.
Section
15E.61,
subsection
1,
Code
2011,
is
6
amended
to
read
as
follows:
7
1.
The
general
assembly
finds
the
following:
Fundamental
8
changes
have
occurred
in
national
and
international
financial
9
markets
and
in
the
financial
markets
of
this
state.
A
10
critical
shortage
of
seed
and
venture
capital
resources
11
exists
in
the
state,
and
such
shortage
is
impairing
the
12
growth
of
commerce
in
the
state.
A
need
exists
to
increase
13
the
availability
of
venture
equity
capital
for
emerging,
14
expanding,
and
restructuring
enterprises
in
Iowa,
including,
15
without
limitation,
enterprises
in
the
life
sciences,
advanced
16
manufacturing,
information
technology,
alternative
and
17
renewable
energy
including
the
alternative
and
renewable
energy
18
sectors
listed
in
section
476.42,
subsection
1
,
paragraph
19
“a”
,
subparagraph
(1)
,
and
value-added
agriculture
areas.
20
Such
investments
will
create
jobs
for
Iowans
and
will
help
to
21
diversify
the
state’s
economic
base.
22
Sec.
128.
Section
15E.351,
subsection
1,
Code
2011,
is
23
amended
to
read
as
follows:
24
1.
The
department
shall
establish
and
administer
a
business
25
accelerator
program
to
provide
financial
assistance
for
26
the
establishment
and
operation
of
a
business
accelerator
27
for
technology-based,
value-added
agricultural,
information
28
solutions,
alternative
and
renewable
energy
including
the
29
alternative
and
renewable
energy
sectors
listed
in
section
30
476.42,
subsection
1
,
paragraph
“a”
,
subparagraph
(1)
,
or
31
advanced
manufacturing
start-up
businesses
or
for
a
satellite
32
of
an
existing
business
accelerator.
The
program
shall
be
33
designed
to
foster
the
accelerated
growth
of
new
and
existing
34
businesses
through
the
provision
of
technical
assistance.
The
35
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department,
subject
to
the
approval
of
the
economic
development
1
board,
may
provide
financial
assistance
under
this
section
from
2
moneys
allocated
for
regional
financial
assistance
pursuant
to
3
section
15G.111,
subsection
9
.
4
Sec.
129.
Section
135.177,
subsection
2,
paragraph
e,
Code
5
2011,
is
amended
to
read
as
follows:
6
e.
A
student
participating
in
the
program
shall
be
eligible
7
for
a
stipend
of
not
more
than
fifty
thousand
dollars
for
8
the
twelve
months
of
the
fellowship
plus
related
fringe
9
benefits.
In
addition,
a
student
who
completes
the
program
10
and
practices
in
Iowa
in
a
mental
health
professional
shortage
11
area,
as
defined
in
section
135.80
135.180
,
shall
be
eligible
12
for
up
to
twenty
thousand
dollars
in
loan
forgiveness.
The
13
stipend
and
loan
forgiveness
provisions
shall
be
determined
14
by
the
department
and
the
college
student
aid
commission,
in
15
consultation
with
the
clinical
partners.
16
Sec.
130.
Section
260C.18A,
subsection
2,
unnumbered
17
paragraph
1,
Code
2011,
is
amended
to
read
as
follows:
18
Moneys
deposited
in
the
funds
and
disbursed
to
community
19
colleges
for
a
fiscal
year
shall
be
expended
for
the
following
20
purposes,
provided
seventy
percent
of
the
moneys
shall
be
21
used
on
projects
in
the
areas
of
advanced
manufacturing,
22
information
technology
and
insurance,
alternative
and
renewable
23
energy
including
the
alternative
and
renewable
energy
sectors
24
listed
in
section
476.42,
subsection
1
,
paragraph
“a”
,
25
subparagraph
(1)
,
and
life
sciences
which
include
the
areas
26
of
biotechnology,
health
care
technology,
and
nursing
care
27
technology:
28
Sec.
131.
Section
425.23,
subsection
1,
paragraph
a,
Code
29
2011,
is
amended
to
read
as
follows:
30
a.
The
tentative
credit
or
reimbursement
for
a
claimant
31
described
in
section
425.17,
subsection
2
,
paragraph
“a”
and
32
paragraph
“b”
,
subparagraphs
(1)
and
(2),
if
no
appropriation
is
33
made
to
the
fund
created
in
section
425.40
shall
be
determined
34
in
accordance
with
the
following
schedule:
35
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Percent
of
property
taxes
1
due
or
rent
constituting
2
property
taxes
paid
3
If
the
household
allowed
as
a
credit
or
4
income
is:
reimbursement:
5
$
0
——
8,499.99
........
100%
6
8,500
——
9,499.99
........
85
7
9,500
——
10,499.99
........
70
8
10,500
——
12,499.99
........
50
9
12,500
——
14,499.99
........
35
10
14,500
——
16,499.99
........
25
11
Sec.
132.
Section
425.23,
subsection
1,
paragraph
b,
12
unnumbered
paragraph
1,
Code
2011,
is
amended
to
read
as
13
follows:
14
If
moneys
have
been
appropriated
to
the
fund
created
in
15
section
425.40
,
the
tentative
credit
or
reimbursement
for
a
16
claimant
described
in
section
425.17,
subsection
2
,
paragraph
17
“b”
,
“a”
,
subparagraph
(2),
shall
be
determined
as
follows:
18
Sec.
133.
Section
425.23,
subsection
3,
paragraph
a,
Code
19
2011,
is
amended
to
read
as
follows:
20
a.
A
person
who
is
eligible
to
file
a
claim
for
credit
21
for
property
taxes
due
and
who
has
a
household
income
of
22
eight
thousand
five
hundred
dollars
or
less
and
who
has
an
23
unpaid
special
assessment
levied
against
the
homestead
may
24
file
a
claim
for
a
special
assessment
credit
with
the
county
25
treasurer.
The
department
shall
provide
to
the
respective
26
treasurers
the
forms
necessary
for
the
administration
of
this
27
subsection
.
The
claim
shall
be
filed
not
later
than
September
28
30
of
each
year.
Upon
the
filing
of
the
claim,
interest
for
29
late
payment
shall
not
accrue
against
the
amount
of
the
unpaid
30
special
assessment
due
and
payable.
The
claim
filed
by
the
31
claimant
constitutes
a
claim
for
credit
of
an
amount
equal
to
32
the
actual
amount
due
upon
the
unpaid
special
assessment,
plus
33
interest,
payable
during
the
fiscal
year
for
which
the
claim
is
34
filed
against
the
homestead
of
the
claimant.
However,
where
35
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the
claimant
is
an
individual
described
in
section
425.17,
1
subsection
2
,
paragraph
“b”
,
“a”
,
subparagraph
(2),
and
the
2
tentative
credit
is
determined
according
to
the
schedule
3
in
subsection
1
,
paragraph
“b”
,
subparagraph
(2),
of
this
4
section
,
the
claim
filed
constitutes
a
claim
for
credit
of
an
5
amount
equal
to
one-half
of
the
actual
amount
due
and
payable
6
during
the
fiscal
year.
The
treasurer
shall
certify
to
the
7
director
of
revenue
not
later
than
October
15
of
each
year
the
8
total
amount
of
dollars
due
for
claims
allowed.
The
amount
9
of
reimbursement
due
each
county
shall
be
certified
by
the
10
director
of
revenue
and
paid
by
the
director
of
the
department
11
of
administrative
services
by
November
15
of
each
year,
drawn
12
upon
warrants
payable
to
the
respective
treasurer.
There
is
13
appropriated
annually
from
the
general
fund
of
the
state
to
the
14
department
of
revenue
an
amount
sufficient
to
carry
out
the
15
provisions
of
this
subsection
.
The
treasurer
shall
credit
any
16
moneys
received
from
the
department
against
the
amount
of
the
17
unpaid
special
assessment
due
and
payable
on
the
homestead
of
18
the
claimant.
19
Sec.
134.
Section
425.39,
Code
2011,
is
amended
to
read
as
20
follows:
21
425.39
Fund
created
——
appropriation
——
priority.
22
The
elderly
and
disabled
property
tax
credit
and
23
reimbursement
fund
is
created.
There
is
appropriated
annually
24
from
the
general
fund
of
the
state
to
the
department
of
revenue
25
to
be
credited
to
the
elderly
and
disabled
property
tax
credit
26
and
reimbursement
fund,
from
funds
not
otherwise
appropriated,
27
an
amount
sufficient
to
implement
this
division
for
claimants
28
described
in
section
425.17,
subsection
2
,
paragraph
“a”
,
29
subparagraph
(1)
.
30
Sec.
135.
Section
435.27,
subsection
1,
Code
2011,
is
31
amended
to
read
as
follows:
32
1.
A
mobile
home
or
manufactured
home
converted
to
real
33
estate
under
section
435.26
may
be
reconverted
to
a
home
as
34
provided
in
this
section
when
it
is
moved
to
a
manufactured
35
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home
community
or
mobile
home
park
or
a
manufactured
or
mobile
1
home
retailer’s
inventory.
When
the
home
is
located
within
a
2
manufactured
home
community
or
mobile
home
park,
the
home
shall
3
be
taxed
pursuant
to
section
435.22,
subsection
1
,
paragraph
4
“a”
.
5
Sec.
136.
Section
455B.473,
subsection
4,
Code
2011,
is
6
amended
to
read
as
follows:
7
4.
An
owner
or
operator
of
a
storage
tank
described
in
8
section
455B.471,
subsection
11
,
paragraph
“a”
,
subparagraph
9
(1),
which
brings
the
tank
into
use
after
July
1,
1987,
shall
10
notify
the
department
of
the
existence
of
the
tank
within
11
thirty
days.
The
registration
of
the
tank
shall
be
accompanied
12
by
a
fee
of
ten
dollars
to
be
deposited
in
the
storage
tank
13
management
account.
A
tank
which
is
existing
before
July
1,
14
1987,
shall
be
reported
to
the
department
by
July
1,
1989.
15
Tanks
under
this
section
installed
on
or
following
July
1,
16
1987,
shall
comply
with
underground
storage
tank
regulations
17
adopted
by
rule
by
the
department.
18
Sec.
137.
Section
455B.474,
subsection
8,
paragraph
c,
Code
19
2011,
is
amended
to
read
as
follows:
20
c.
The
commission
shall
adopt
rules
applicable
to
secondary
21
containment
requirements
consistent
with
and
sufficient
to
22
comply
with
the
provisions
of
Pub.
L.
No.
109-58,
Tit.
XV,
23
§
1530(a),
as
codified
at
42
U.S.C.
§
6991b(i)(1),
and
guidance
24
adopted
by
the
administrator
of
the
United
States
environmental
25
protection
agency
pursuant
to
that
provision.
Each
new
26
underground
storage
tank
or
piping
connected
to
any
such
new
27
tank
installed
after
July
1,
2007,
or
any
existing
underground
28
storage
tank
or
existing
piping
connected
to
such
existing
29
underground
storage
tank
that
is
replaced
after
August
1,
2007,
30
shall
be
secondarily
contained
if
the
installation
is
within
31
one
thousand
feet
of
any
existing
community
water
system
or
32
any
existing
potable
drinking
water
well
as
provided
in
Pub.
33
L.
No.
109-58,
Tit.
XV,
§
1530(a),
as
codified
at
42
U.S.C.
34
§
6991b(i)(1),
and
in
guidance
adopted
by
the
United
States
35
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566
environmental
protection
agency
pursuant
to
that
provision.
1
Rules
adopted
under
this
paragraph
shall
not
amend
or
modify
2
the
secondary
containment
requirements
in
subsection
1
,
3
paragraph
“f”
“a”
,
subparagraph
(9)
(6),
subparagraph
division
4
(i)
.
5
Sec.
138.
Section
455B.474,
subsection
9,
paragraph
h,
Code
6
2011,
is
amended
to
read
as
follows:
7
h.
Notwithstanding
the
certification
requirements
of
this
8
subsection
,
a
site
cleanup
report
or
corrective
action
design
9
report
submitted
by
a
certified
groundwater
professional
shall
10
be
accepted
by
the
department
in
accordance
with
subsection
1
,
11
paragraph
“d”
“a”
,
subparagraph
(2)
(4)
,
subparagraph
division
12
(e)
(b),
subparagraph
subdivision
(v)
,
and
paragraph
“f”
“a”
,
13
subparagraph
(5)
(6),
subparagraph
division
(e)
.
14
Sec.
139.
Section
455B.474A,
Code
2011,
is
amended
to
read
15
as
follows:
16
455B.474A
Rules
consistent
with
federal
regulations.
17
The
rules
adopted
by
the
commission
under
section
18
455B.474
shall
be
consistent
with
and
shall
not
exceed
the
19
requirements
of
federal
regulations
relating
to
the
regulation
20
of
underground
storage
tanks
except
as
provided
in
section
21
455B.474,
subsection
1
,
paragraph
“f”
“a”
,
subparagraph
(6)
,
22
and
subsection
3
,
paragraph
“d”
.
It
is
the
intent
of
the
23
general
assembly
that
state
rules
adopted
pursuant
to
section
24
455B.474,
subsection
1
,
paragraph
“f”
“a”
,
subparagraph
(6)
,
25
and
subsection
3
,
paragraph
“d”
,
be
consistent
with
and
not
26
more
restrictive
than
federal
regulations
adopted
by
the
United
27
States
environmental
protection
agency
when
those
rules
are
28
adopted.
29
Sec.
140.
Section
455D.10A,
subsection
3,
paragraph
a,
30
subparagraphs
(2)
and
(3),
Code
2011,
are
amended
to
read
as
31
follows:
32
(2)
Establishment
of
a
comprehensive
recycling
program
33
for
each
type
of
battery
listed
in
subparagraph
(1)
that
is
34
sold,
distributed,
or
offered
for
sale
in
this
state.
An
35
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institutional
generator
shall
provide
for
the
on-site
source
1
separation
and
collection
of
used
mercuric
oxide
batteries,
2
nickel-cadmium
rechargeable
batteries,
and
sealed
lead
acid
3
rechargeable
batteries.
All
participants
in
the
stream
4
of
commerce
relating
to
the
batteries,
which
are
listed
5
in
subparagraph
(1)
and
which
are
not
designated
as
exempt
6
pursuant
to
section
455D.10B,
subsection
2
,
paragraph
“c”
7
or
“d”
“a”
,
subparagraph
(3)
or
(4)
,
shall,
individually
or
8
collectively,
be
responsible
for
developing
and
operating
a
9
system
for
collecting
and
transporting
used
batteries
to
the
10
appropriate
dry
cell
battery
manufacturer
or
to
a
site
or
11
facility
designated
by
a
manufacturer.
Additionally,
dry
cell
12
battery
manufacturers
shall
be
responsible
for
the
recycling
of
13
used
batteries
in
an
environmentally
sound
manner.
14
(3)
Provision
for
collection,
transporting,
and
proper
15
disposal
of
used
household
batteries
of
the
types
listed
in
16
subparagraph
(1)
which
are
distributed,
sold,
or
offered
for
17
retail
sale
in
the
state.
For
the
purposes
of
this
paragraph,
18
“proper
disposal”
means
disposal
which
complies
with
all
19
applicable
state
and
federal
laws.
All
participants
in
the
20
stream
of
commerce
relating
to
the
batteries,
which
are
listed
21
in
subparagraph
(1)
and
which
are
not
designated
as
exempt
22
pursuant
to
section
455D.10B,
subsection
2
,
paragraph
“c”
23
or
“d”
“a”
,
subparagraph
(3)
or
(4)
,
shall,
individually
or
24
collectively,
be
responsible
for
developing
and
operating
a
25
system
for
collecting
and
transporting
used
batteries
to
the
26
appropriate
dry
cell
battery
manufacturer
or
to
a
site
or
27
facility
designated
by
a
manufacturer.
Additionally,
dry
cell
28
battery
manufacturers
shall
be
responsible
for
proper
disposal
29
of
the
used
batteries.
30
Sec.
141.
Section
455G.9,
subsection
1,
paragraph
a,
31
subparagraphs
(5)
and
(6),
Code
2011,
are
amended
to
read
as
32
follows:
33
(5)
For
the
purposes
of
calculating
corrective
action
costs
34
under
this
paragraph,
corrective
action
shall
include
the
35
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566
cost
of
a
tank
system
upgrade
required
by
section
455B.474,
1
subsection
1
,
paragraph
“f”
“a”
,
subparagraph
(9)
(6),
2
subparagraph
division
(i)
.
Payments
under
this
subparagraph
3
shall
be
limited
to
a
maximum
of
ten
thousand
dollars
for
any
4
one
site.
5
(6)
For
the
purposes
of
calculating
corrective
action
costs
6
under
this
paragraph,
corrective
action
shall
include
the
costs
7
associated
with
monitoring
required
by
the
rules
adopted
under
8
section
455B.474,
subsection
1
,
paragraph
“f”
“a”
,
subparagraph
9
(6)
,
but
corrective
action
shall
exclude
monitoring
used
10
for
leak
detection
required
by
rules
adopted
under
section
11
455B.474,
subsection
1
,
paragraph
“a”
,
subparagraph
(1)
.
12
Sec.
142.
Section
455G.9,
subsection
1,
paragraph
f,
Code
13
2011,
is
amended
to
read
as
follows:
14
f.
One
hundred
percent
of
the
costs
up
to
twenty
thousand
15
dollars
incurred
by
the
board
under
section
455G.12A,
16
subsection
2
,
unnumbered
paragraph
2
“b”
,
for
site
cleanup
17
reports.
Costs
of
a
site
cleanup
report
which
exceed
twenty
18
thousand
dollars
shall
be
considered
a
cost
of
corrective
19
action
and
the
amount
shall
be
included
in
the
calculations
20
for
corrective
action
cost
copayments
under
subsection
4
.
The
21
board
shall
have
the
discretion
to
authorize
a
site
cleanup
22
report
payment
in
excess
of
twenty
thousand
dollars
if
the
site
23
is
participating
in
community
remediation.
24
Sec.
143.
Section
455D.10A,
subsection
3,
paragraph
a,
25
subparagraphs
(2)
and
(3),
Code
2011,
are
amended
to
read
as
26
follows:
27
(2)
Establishment
of
a
comprehensive
recycling
program
28
for
each
type
of
battery
listed
in
subparagraph
(1)
that
is
29
sold,
distributed,
or
offered
for
sale
in
this
state.
An
30
institutional
generator
shall
provide
for
the
on-site
source
31
separation
and
collection
of
used
mercuric
oxide
batteries,
32
nickel-cadmium
rechargeable
batteries,
and
sealed
lead
acid
33
rechargeable
batteries.
All
participants
in
the
stream
34
of
commerce
relating
to
the
batteries,
which
are
listed
35
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566
in
subparagraph
(1)
and
which
are
not
designated
as
exempt
1
pursuant
to
section
455D.10B,
subsection
2
,
paragraph
“c”
2
or
“d”
“a”
,
subparagraph
(3)
or
(4)
,
shall,
individually
or
3
collectively,
be
responsible
for
developing
and
operating
a
4
system
for
collecting
and
transporting
used
batteries
to
the
5
appropriate
dry
cell
battery
manufacturer
or
to
a
site
or
6
facility
designated
by
a
manufacturer.
Additionally,
dry
cell
7
battery
manufacturers
shall
be
responsible
for
the
recycling
of
8
used
batteries
in
an
environmentally
sound
manner.
9
(3)
Provision
for
collection,
transporting,
and
proper
10
disposal
of
used
household
batteries
of
the
types
listed
in
11
subparagraph
(1)
which
are
distributed,
sold,
or
offered
for
12
retail
sale
in
the
state.
For
the
purposes
of
this
paragraph,
13
“proper
disposal”
means
disposal
which
complies
with
all
14
applicable
state
and
federal
laws.
All
participants
in
the
15
stream
of
commerce
relating
to
the
batteries,
which
are
listed
16
in
subparagraph
(1)
and
which
are
not
designated
as
exempt
17
pursuant
to
section
455D.10B,
subsection
2
,
paragraph
“c”
18
or
“d”
“a”
,
subparagraph
(3)
or
(4)
,
shall,
individually
or
19
collectively,
be
responsible
for
developing
and
operating
a
20
system
for
collecting
and
transporting
used
batteries
to
the
21
appropriate
dry
cell
battery
manufacturer
or
to
a
site
or
22
facility
designated
by
a
manufacturer.
Additionally,
dry
cell
23
battery
manufacturers
shall
be
responsible
for
proper
disposal
24
of
the
used
batteries.
25
DIVISION
IV
26
DIRECTIVES
27
Sec.
144.
CODE
EDITOR
DIRECTIVES.
28
1.
The
Code
editor
is
directed
to
number,
renumber,
29
designate,
or
redesignate
to
eliminate
unnumbered
paragraphs
30
within
sections
231.4,
261A.42,
423A.2,
423D.1,
425.26,
425.33,
31
427.12,
441.26,
441.35,
441.45,
450B.2,
452A.19,
452A.21,
32
452A.62,
455B.193,
455B.243,
455B.444,
455G.12,
456.1,
456B.7,
33
456B.12,
459.502,
459A.206,
462A.71,
468.12,
468.57,
468.567,
34
and
558A.4,
Code
2011,
in
accordance
with
established
Code
35
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114
H.F.
566
section
hierarchy
and
correct
internal
references
in
the
Code
1
and
in
any
enacted
Iowa
Acts
as
necessary.
2
2.
The
Code
editor
is
directed
to
number,
renumber,
3
designate,
or
redesignate
to
eliminate
unnumbered
paragraphs
4
within
section
subunits
in
sections
390.12,
subsection
3;
5
421.1,
subsections
1
and
5;
421.17B,
subsection
3,
paragraph
6
“a”;
421.17B,
subsection
9;
421.47,
subsection
2;
421.60,
7
subsection
2,
paragraphs
“a”
and
“c”;
421.60,
subsection
8
2,
paragraph
“m”,
subparagraph
(2);
422.8,
subsection
5;
9
422.11N,
subsection
4,
paragraph
“b”,
subparagraph
(3);
422.60,
10
subsection
3;
422.73,
subsection
1;
422.89,
subsection
3;
11
423.2,
subsection
6;
423.3,
subsections
8,
31,
and
86;
423.4,
12
subsection
6,
paragraph
“c”;
423A.7,
subsection
4,
paragraphs
13
“d”
and
“f”;
423B.9
subsection
4,
paragraph
“a”;
424.6,
14
subsection
1;
424.10,
subsection
2;
425.1,
subsection
1;
425.7,
15
subsection
3;
435.26A,
subsection
2;
435.27,
subsection
2;
16
437A.5,
subsection
1,
paragraph
“c”;
437A.5,
subsections
6
and
17
7;
437A.7,
subsection
1;
437A.14,
subsection
1,
paragraph
“b”;
18
437A.15,
subsection
3,
paragraph
“a”;
437A.15,
subsection
4;
19
441.17,
subsection
5;
441.21,
subsection
1,
paragraph
“i”;
20
441.37,
subsections
1
and
2;
446.9,
subsection
3;
446.20,
21
subsections
1
and
2;
447.8,
subsections
1
and
5;
450.3,
22
subsection
7;
450.22,
subsection
3;
452A.15,
subsection
1;
23
453A.2,
subsection
8;
453A.8,
subsection
3;
453A.44,
subsection
24
4;
453A.45,
subsections
1
and
5;
453A.46,
subsections
1
and
2;
25
453B.1,
subsection
3;
453D.3,
subsection
1,
paragraphs
“b”
and
26
“d”;
455A.18,
subsection
3;
455A.19,
subsection
1,
paragraph
27
“a”;
455A.19,
subsection
2;
455B.113,
subsection
2;
455B.263,
28
subsection
6;
455B.275,
subsection
3;
455B.305A,
subsections
29
1,
3,
4,
and
6;
455B.416,
subsection
1;
455B.443,
subsection
30
2;
455B.473,
subsection
8;
455B.474,
subsection
2,
paragraph
31
“a”;
455E.11,
subsection
1;
455E.11,
subsection
2,
paragraph
32
“b”,
subparagraph
(3),
subparagraph
division
(b);
455H.201,
33
subsection
1;
455H.204,
subsection
4,
paragraph
“a”;
455H.301,
34
subsection
2;
456A.33B,
subsection
1;
459.310,
subsection
4,
35
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paragraph
“b”;
459.312,
subsection
4;
459.604,
subsection
1;
1
460.202,
subsection
1;
460.302,
subsection
3,
paragraph
“a”;
2
460.304,
subsection
2,
paragraph
“a”;
462A.5,
subsections
1
3
and
3;
462A.9,
subsections
1
and
8;
476.1D,
subsection
1,
4
paragraph
“c”;
476.1D,
subsection
10;
476.3,
subsection
2;
5
476.18,
subsection
3;
476.20,
subsections
3
and
5;
476.27,
6
subsection
6;
476.55,
subsection
2;
476.97,
subsection
3,
7
paragraph
“a”,
subparagraph
(4);
476.97,
subsection
11,
8
paragraphs
“h”
and
“j”;
476C.4,
subsection
4,
paragraphs
“b”
9
and
“c”;
476C.6,
subsection
1;
478.3,
subsection
2;
479.46,
10
subsections
2
and
3;
479B.30,
subsection
3;
481A.38,
subsection
11
1;
481A.56,
subsection
1;
481A.62,
subsection
3;
and
483A.24,
12
subsection
2,
paragraph
“a”,
subparagraph
(3),
Code
2011,
in
13
accordance
with
established
Code
section
hierarchy
and
correct
14
internal
references
in
the
Code
and
in
any
enacted
Iowa
Acts
15
as
necessary.
16
DIVISION
V
17
EFFECTIVE
DATE
AND
18
APPLICABILITY
PROVISIONS
19
Sec.
145.
EFFECTIVE
DATE.
The
section
of
this
Act
amending
20
2010
Iowa
Acts,
chapter
1192,
section
78,
being
deemed
of
21
immediate
importance,
takes
effect
upon
enactment.
22
Sec.
146.
RETROACTIVE
APPLICABILITY.
The
section
of
this
23
Act
amending
2010
Iowa
Acts,
chapter
1192,
section
78,
applies
24
retroactively
to
July
1,
2010.
25
EXPLANATION
26
DIVISION
1.
This
bill
makes
Code
changes
and
corrections
27
that
are
considered
to
be
nonsubstantive
and
noncontroversial,
28
in
addition
to
style
changes.
Changes
made
include
updating
29
or
correcting
names
of
and
references
to
public
and
private
30
entities
and
funds,
correcting
internal
Code
and
subject
matter
31
references,
renumbering
and
reorganizing
various
provisions
32
to
eliminate
unnumbered
paragraphs
and
facilitate
citation,
33
updating
United
States
Code
and
Code
of
Federal
Regulations
34
references,
and
making
various
grammatical
corrections.
The
35
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566
Code
sections
in
which
the
technical,
grammatical,
and
other
1
nonsubstantive
changes
are
made
include
all
of
the
following:
2
Code
sections
8.57
and
12.89A:
Corrects
references
to
the
3
federal
subsidy
holdback
fund
in
two
provisions
that
describe
4
when
moneys
left
in
that
fund
are
to
be
deposited
in
or
5
credited
to
the
rebuild
Iowa
infrastructure
fund.
6
Code
sections
8A.311,
8A.316,
260C.19B,
262.25B,
and
7
904.312B:
Changes
the
term
“bio-based”
to
“biobased”
to
make
8
the
spelling
of
that
term
consistent
with
other
instances
of
9
the
term
in
the
Code
and
in
7
C.F.R.
§
2902,
adopted
by
the
10
United
States
department
of
agriculture.
11
Code
section
8D.3:
Internally
rearranges
subsection
2
12
of
this
Code
section
establishing
the
membership
of
the
Iowa
13
telecommunications
and
technology
commission
to
separate
14
provisions
relating
to
members
appointed
by
the
governor
from
15
those
relating
to
the
ex
officio,
nonvoting
members
and
to
16
place
language
relating
to
meetings
of
the
commission
at
the
17
end
of
the
subsection.
18
Code
section
12.87:
Internally
redesignates
this
Code
19
section
relating
to
the
authority
of
the
treasurer
of
state
20
to
sell
bonds
for
infrastructure
projects
and
the
Iowa
jobs
21
program
in
accordance
with
established
practices
for
the
Code.
22
Code
section
29C.20B:
Changes
two
verbs
to
nouns
in
this
23
provision
describing
the
components
of
the
statewide
system
of
24
disaster
case
management
to
conform
to
the
style
of
the
other
25
related
provisions.
26
Code
sections
34A.15,
100B.1,
101C.3,
147A.2:
Changes
27
references
to
the
Iowa
firemen’s
association
in
provisions
28
establishing
the
membership
of
various
councils
to
reflect
the
29
association’s
new
name,
the
“Iowa
firefighters
association”.
30
Code
sections
34A.15,
100B.1,
101C.3,
147A.2:
Changes
31
references
to
the
Iowa
firemen’s
association
in
provisions
32
establishing
the
membership
of
various
councils
to
reflect
the
33
association’s
new
name,
the
“Iowa
firefighters
association”.
34
Code
section
88.19:
Strikes
the
word
“and”
and
adds
two
35
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566
indefinite
articles
within
a
listing
of
types
of
information
1
that
may
be
included
within
the
annual
report
on
occupational
2
safety
and
health
made
by
the
labor
commissioner
to
the
general
3
assembly.
4
Code
section
89.6:
Moves
the
words
“to
the
commissioner”
to
5
improve
the
grammar
within
this
provision
relating
to
a
notice
6
that
an
owner
or
user
must
give
to
the
labor
commissioner
7
before
converting
a
power
boiler
to
a
low
pressure
boiler.
8
Code
sections
97C.2
and
97C.4:
Strikes
nonconforming
Code
9
section
hierarchical
elements
within
these
two
sections
of
the
10
federal
social
security
enabling
Act.
11
Code
section
135.80:
Transfers
this
Code
section
creating
12
the
mental
health
professional
shortage
area
from
the
division
13
that
establishes
the
health
facilities
council
and
the
14
requirements
relating
to
applications
for
a
certificate
of
need
15
for
new
or
changed
institutional
health
services
to
a
more
16
appropriate
division
relating
to
health
care
workforce
support
17
at
the
end
of
Code
chapter
135.
18
Code
section
135.159:
Corrects
a
reference
to
the
name
19
of
the
office
of
minority
and
multicultural
health
in
this
20
provision
establishing
the
medical
home
system.
21
Code
section
136.1:
Sets
out
and
enumerates
the
provisions
22
describing
the
membership
of
the
state
board
of
health
in
23
conformance
with
established
Code
hierarchy.
24
Code
section
159A.3:
Changes
the
verb
form
within
this
25
provision
describing
one
of
the
duties
of
the
office
of
26
renewable
fuels
and
coproducts
to
conform
to
the
other
27
provisions
describing
the
duties
of
that
office.
28
Code
section
252B.20:
Corrects
references
to
two
29
subchapters
of
Code
chapter
252H
to
facilitate
hypertext
30
linkage
within
this
provision
relating
to
suspension
of
child
31
support.
32
Code
sections
282.6
and
321.178:
Changes
the
words
33
“driver’s”
and
“drivers”
to
“driver”
to
conform
to
other
34
references
to
the
driver
education
program
approved
by
the
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department
of
transportation
in
a
Code
section
regarding
1
tuition
in
public
schools
and
the
Code
section
establishing
the
2
requirements
for
the
driver
education
program.
3
Code
section
285.5:
Corrects
the
grammar,
by
adding
the
4
word
“and”
before
the
last
item,
in
this
series
pertaining
5
to
contracts
with
private
parties
for
school
bus
service
for
6
children
who
attend
public
and
nonpublic
schools.
7
Code
section
306B.1:
Updates
two
federal
references
by
8
deleting
an
extraneous
use
of
two
abbreviated
title
references
9
and
adding
section
symbols
in
these
definition
provisions
for
10
the
Code
chapter
governing
outdoor
advertising
along
interstate
11
highways.
12
Code
section
306C.10:
Conforms
a
use
of
the
term
“specific
13
information
of
interest
to
the
traveling
public”
to
the
14
definition
of
the
same
term
in
the
portion
of
Code
chapter
306C
15
that
deals
with
billboard
control.
16
Code
section
313.4:
Corrects
a
Code
section
reference
in
17
a
provision
relating
to
disbursement
of
primary
road
funds
18
in
order
to
facilitate
hypertext
linkage
to
the
Code
section
19
cited.
20
Code
section
321.188:
Updates
Code
of
Federal
Regulations
21
citations
within
this
provision
relating
to
commercial
driver’s
22
license
requirements
to
conform
to
the
citation
form
used
23
throughout
the
Code
for
this
type
of
citation.
24
Code
section
321J.2:
Corrects
a
reference
to
the
name
of
the
25
reality
education
substance
abuse
prevention
program
in
this
26
provision
regarding
the
offense
of
operating
while
intoxicated.
27
Code
section
323A.2:
Adds
a
missing
definite
article
to
28
language
regarding
the
purchase
of
motor
fuel
by
motor
fuel
29
retailers
or
distributors
under
a
franchise.
30
Code
section
336.16:
Adds
the
missing
verb
“is”
in
language
31
relating
to
publication
of
notice
regarding
a
proposal
to
32
submit
a
proposition
for
withdrawal
from
a
library
district
to
33
an
election.
34
Code
sections
360.1
and
364.4:
Internally
renumbers
these
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Code
sections
to
set
out
language
that
is
to
be
placed
on
an
1
election
ballot
from
the
balance
of
the
language
of
the
Code
2
sections.
3
Code
section
400.2:
Strikes
the
word
“to”
and
adds
a
comma
4
to
correct
the
grammar
of
a
provision
pertaining
to
the
types
5
of
sales
or
contracts
to
a
city
which
can
only
be
awarded
by
6
written,
public,
competitive
bid.
7
Code
section
403.19A:
Corrects
the
name
used
to
refer
to
8
the
targeted
jobs
withholding
credits
awarded
by
pilot
project
9
cities
to
qualified
employers.
10
Code
section
403A.21:
Renumbers
and
redesignates
within
11
this
Code
section
relating
to
certain
housing
projects
to
12
conform
the
subordinate
provisions
outlining
the
permissive
13
authority
granted
to
a
state
public
body
to
the
initial
14
language
and
separates
those
provisions
from
a
provision
15
relating
to
appraisal,
public
notice,
advertisement,
or
public
16
bidding.
17
Code
section
422.32:
Renumbers
these
definitions
relating
18
to
the
taxation
of
corporations
and
conforms
definitions
to
the
19
style
of
the
balance
of
the
definitions.
20
Code
sections
423.3
and
427.1:
Corrects
the
spelling
of
the
21
word
“backup”
in
the
term
“backup
power
generation
systems”
in
22
two
Code
sections
that
provide
certain
tax
exemptions
for
web
23
search
portal
businesses.
24
Code
section
423F.5:
Removes
a
self-reference
to
Code
25
chapter
423F
within
this
provision
relating
to
financial
audits
26
of
school
districts
under
the
school
infrastructure
funding
27
Code
chapter.
28
Code
section
435.23:
Divides
this
provision
relating
to
29
exemptions
from
and
prorating
of
tax
on
certain
manufactured
or
30
mobile
homes,
modular
homes,
and
travel
trailers
to
separate
31
the
exemptions
from
the
proration
provisions.
32
Code
section
441.49:
Numbers,
and
splits
out
language
33
specifying
the
contents
of
a
statement
that
is
to
be
included
34
in
a
final
property
tax
equalization
order,
in
this
provision
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relating
to
adjustments
in
valuation
of
classes
of
property.
1
Code
section
453A.13:
Renumbers
to
eliminate
unanchored,
2
unnumbered
paragraphs
and
replaces
the
word
“said”
with
the
3
word
“that”
in
this
provision
relating
to
state
permit
fees
for
4
cigarette
and
tobacco
distributors,
vendors,
and
wholesalers.
5
Code
section
455B.134:
Replaces
the
words
“gas
emissions”
6
with
the
word
“gases”
to
correct
the
usage
in
language
7
describing
what
must
be
quantified
by
applicants
for
certain
8
permits
for
electric
power
generating
facilities.
9
Code
section
455B.172:
Corrects
language
describing
the
10
conditions
under
which
a
building’s
private
sewage
disposal
11
system
must
be
inspected.
12
Code
section
455B.305:
Adds
the
word
“this”
before
a
13
reference
to
the
part
within
which
this
provision,
relating
to
14
sanitary
disposal
project
permits,
is
found.
15
Code
section
455E.11:
Corrects
a
reference
to
the
Iowa
16
comprehensive
petroleum
underground
storage
tank
fund
board
17
in
language
describing
an
agreement
between
that
board
18
and
the
department
of
natural
resources
for
the
completion
19
of
administrative
tasks
relating
to
the
evaluation
and
20
modification
of
risk
based
corrective
action
rules.
21
Code
section
455G.4:
Clarifies
wording
within
language
22
describing
the
qualifications
of
the
two
public
members
on
the
23
Iowa
comprehensive
petroleum
underground
storage
tank
fund
24
board.
25
Code
sections
456A.17
and
456A.19:
Clarifies
two
references
26
to
the
state
conservation
fund
from
the
county
conservation
27
fund,
by
adding
the
word
“state”
before
the
words
“conservation
28
fund”.
29
Code
section
462A.26:
Updates
the
paragraphing
within
this
30
provision
relating
to
the
operation
of
motorboats
on
inland
31
lakes
and
federal
impoundments
under
the
jurisdiction
of
the
32
natural
resource
commission.
33
Code
section
463C.17:
Strikes
the
word
“its”
and
removes
a
34
hyphen
from
the
term
“term
length”
to
improve
the
grammar
and
35
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spelling
within
this
provision
that
exempts
the
Honey
Creek
1
park
authority
and
the
department
of
natural
resources
from
2
competitive
bid
laws.
3
Code
section
468.586:
Corrects
citations
to
two
divisions
4
of
two
different
Code
chapters
to
facilitate
hypertext
linkage
5
within
this
provision
relating
to
assessment
of
costs
of
6
drainage
improvements.
7
Code
section
499B.17:
Strikes
nonconforming
Code
hierarchy
8
designations
from
within
this
provision
relating
to
priority
of
9
liens
against
the
owner
of
a
condominium.
10
Code
sections
505.28
and
505.29:
Corrects
Code
chapter
11
self-references
in
these
two
provisions
in
the
Code
chapter
12
establishing
the
insurance
division
of
the
department
of
13
commerce.
14
Code
section
515E.4:
Changes
two
references
to
the
“unfair
15
claim
settlement
practices
law”
within
a
provision
regarding
16
risk
retention
groups
not
organized
within
Iowa.
17
Code
section
533.301:
Adds
the
word
“for”
to
correct
the
18
grammar
in
a
series
in
this
provision
describing
the
powers
of
19
a
state
credit
union.
20
Code
section
535.2:
Corrects
the
form
of
a
citation
to
21
a
1980
Iowa
Act
in
this
provision
relating
to
the
rate
of
22
interest
that
may
be
charged
in
certain
transactions.
23
Code
section
535A.6:
Corrects
a
series
of
Code
citations
to
24
eliminate
a
self-reference
in
this
Code
section
relating
to
an
25
action
for
damages
for
persons
aggrieved
by
certain
mortgage
26
practices.
27
Code
section
536.19:
Moves
a
reference
to
Code
chapter
537
28
to
facilitate
hypertext
linkage
within
this
provision
relating
29
to
violations
of
the
regulated
loans
Code
chapter.
30
Code
section
537.3203:
Adds
a
colon
to
correct
the
31
punctuation
within
this
provision
describing
the
notice
that
32
must
be
given
to
a
consumer
in
a
consumer
credit
transaction.
33
Code
section
572.13:
Letters
unnumbered
paragraphs
34
to
facilitate
citation
within
a
provision
pertaining
to
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liability
of
owners
to
contractors
for
work
performed
on
an
1
owner-occupied
dwelling.
2
Code
section
617.3:
Strikes
nonconforming
Code
hierarchy
3
designations
from
within
this
provision
relating
to
foreign
4
corporations
or
nonresidents
contracting
or
committing
torts
5
in
Iowa.
6
Code
section
622.62:
Adds
a
comma
between
two
consecutive
7
uses
of
the
words
“this
section”
to
facilitate
readability
in
8
this
provision
relating
to
evidence
of
lawfulness
of
certain
9
city
ordinances.
10
Code
section
631.17:
Corrects
the
form
of
a
citation
to
11
article
7
of
Code
chapter
537
to
facilitate
citation
to
that
12
article
in
this
provision
relating
to
prohibited
practices
in
13
small
claims
actions.
14
Code
section
633.279:
Letters
a
provision
to
more
easily
15
distinguish
a
form
from
surrounding
Code
section
text
in
this
16
provision
regarding
self-proved
wills.
17
Code
section
633.675:
Internally
renumbers
this
provision
18
describing
causes
for
termination
of
a
guardianship.
19
Code
section
633.707:
Corrects
a
reference
to
the
term
20
“voter
registration”
and
corrects
the
grammar
in
this
provision
21
describing
whether
a
respondent
in
a
guardianship
proceeding
22
has
significant
connections
with
a
particular
state.
23
Code
sections
642.5
and
642.21:
Numbers
the
Code
section
24
642.5
and
corrects
a
reference
in
Code
section
642.21
to
a
25
provision
that
is
part
of
a
form
contained
in
Code
section
26
642.5
that
describes
the
questions
that
are
to
be
posed
to
a
27
garnishee
by
a
sheriff.
28
Code
section
692A.118:
Deletes
an
extraneous
“who”
in
29
language
describing
when
a
notice
is
to
be
made
on
the
sex
30
offender
registry
regarding
the
flight
of
a
sex
offender.
31
2010
Iowa
Acts,
chapter
1192,
section
78:
Corrects
the
32
lead-in
in
this
2010
Iowa
Act
to
reflect
that
only
the
first
33
unnumbered
paragraph
of
Code
section
135N.3,
subsection
2,
was
34
amended
in
the
Act.
This
change
is
effective
upon
enactment
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and
applies
retroactively
to
July
1,
2010.
1
DIVISION
II.
The
Code
sections
in
this
division
are
amended
2
by
numbering,
renumbering,
designating,
or
redesignating
3
provisions
within
volume
IV
of
the
Code,
and
by
changing
4
textual
references
as
necessary.
The
purposes
of
the
Code
5
changes
are
to
conform
the
Code
provisions
to
existing
Code
6
section
hierarchy,
to
eliminate
“unanchored”
unnumbered
7
paragraphs
within
the
Code
sections,
to
facilitate
Code
section
8
readability,
and
to
facilitate
citation
to
those
Code
sections.
9
DIVISION
III.
This
division
contains
corrections
to
10
internal
references
to
Code
sections
that
are
numbered,
11
renumbered,
designated,
or
redesignated
in
division
II
of
this
12
bill.
13
DIVISION
IV.
This
division
contains
Code
editor
directives
14
to
number,
renumber,
designate,
or
redesignate
Code
provisions
15
to
eliminate
“unanchored”
unnumbered
paragraphs
in
Code
16
provisions
that
do
not
require
any
additional
textual
reference
17
corrections.
18
DIVISION
V.
This
division
contains
an
effective
date
and
19
retroactive
applicability
provision
relating
to
a
corrective
20
change
to
2010
Iowa
Acts,
chapter
1192,
section
78
in
division
21
I
of
the
bill.
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