House
Study
Bill
606
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
JUDICIARY
BILL
BY
CHAIRPERSON
ANDERSON)
A
BILL
FOR
An
Act
relating
to
nonsubstantive
Code
corrections
and
1
including
effective
date
provisions.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
5517HC
(12)
84
lh/rj
H.F.
_____
DIVISION
I
1
NONSUBSTANTIVE
CHANGES
2
Section
1.
Section
6B.14,
subsection
2,
Code
2011,
is
3
amended
to
read
as
follows:
4
2.
Prior
to
the
meeting
of
the
commission,
the
commission
5
or
a
commissioner
shall
not
communicate
with
the
applicant,
6
property
owner,
or
tenant,
or
their
agents,
regarding
the
7
condemnation
proceedings.
The
commissioners
shall
meet
in
8
open
session
to
view
the
property
and
to
receive
evidence,
but
9
may
deliberate
in
closed
session.
When
deliberating
in
closed
10
session,
the
meeting
is
closed
to
all
persons
who
are
not
11
commissioners
except
for
personnel
from
the
sheriff’s
office
12
if
such
personnel
is
are
requested
by
the
commission.
After
13
deliberations
commence,
the
commission
and
each
commissioner
is
14
prohibited
from
communicating
with
any
party
to
the
proceeding.
15
However,
if
the
commission
is
deliberating
in
closed
session,
16
and
after
deliberations
commence
the
commission
requires
17
further
information
from
a
party
or
a
witness,
the
commission
18
shall
notify
the
property
owner
and
the
acquiring
agency
that
19
they
are
allowed
to
attend
the
meeting
at
which
such
additional
20
information
shall
be
provided
but
only
for
that
period
of
time
21
during
which
the
additional
information
is
being
provided.
22
The
property
owner
and
the
acquiring
agency
shall
be
given
a
23
reasonable
opportunity
to
attend
the
meeting.
The
commission
24
shall
keep
minutes
of
all
its
meetings
showing
the
date,
time,
25
and
place,
the
members
present,
and
the
action
taken
at
each
26
meeting.
The
minutes
shall
show
the
results
of
each
vote
taken
27
and
information
sufficient
to
indicate
the
vote
of
each
member
28
present.
The
vote
of
each
member
present
shall
be
made
public
29
at
the
open
session.
The
minutes
shall
be
public
records
open
30
to
public
inspection.
31
Sec.
2.
Section
8F.2,
subsection
8,
paragraph
b,
32
subparagraph
(8),
Code
2011,
is
amended
to
read
as
follows:
33
(8)
A
contract
for
services
provided
from
resources
made
34
available
under
Title
Tit.
XVIII,
XIX,
or
XXI
of
the
federal
35
-1-
LSB
5517HC
(12)
84
lh/rj
1/
129
H.F.
_____
Social
Security
Act.
1
Sec.
3.
Section
10B.4,
subsection
2,
paragraph
g,
Code
2
Supplement
2011,
is
amended
to
read
as
follows:
3
g.
If
the
reporting
entity
is
a
life
science
enterprise,
as
4
provided
in
chapter
10C
,
Code
2011,
as
that
chapter
exists
on
5
or
before
June
30,
2005,
the
total
amount
of
commercial
sale
6
of
life
science
products
and
products
other
than
life
science
7
products
which
are
produced
from
the
agricultural
land
held
by
8
the
life
science
enterprise.
9
Sec.
4.
Section
12.87,
subsection
1,
paragraph
a,
Code
10
Supplement
2011,
is
amended
to
read
as
follows:
11
a.
The
treasurer
of
state
is
authorized
to
issue
and
sell
12
bonds
on
behalf
of
the
state
to
provide
funds
for
certain
13
infrastructure
projects
and
for
purposes
of
the
Iowa
jobs
14
program
established
in
section
16.194
.
The
treasurer
of
state
15
shall
have
all
of
the
powers
which
are
necessary
or
convenient
16
to
issue,
sell,
and
secure
bonds
and
carry
out
the
treasurer
of
17
state’s
duties,
and
exercise
the
treasurer
of
state’s
authority
18
under
this
section
and
sections
12.88
through
12.90
.
The
19
treasurer
of
state
may
issue
and
sell
bonds
in
such
amounts
as
20
the
treasurer
of
state
determines
to
be
necessary
to
provide
21
sufficient
funds
for
certain
infrastructure
projects
and
the
22
revenue
bonds
capitals
fund,
the
revenue
bonds
capitals
II
23
fund,
the
payment
of
interest
on
the
bonds,
the
establishment
24
of
reserves
to
secure
the
bonds,
the
payment
of
costs
of
25
issuance
of
the
bonds,
the
payment
of
other
expenditures
of
26
the
treasurer
of
state
incident
to
and
necessary
or
convenient
27
to
carry
out
the
issuance
and
sale
of
the
bonds,
and
the
28
payment
of
all
other
expenditures
of
the
treasurer
of
state
29
necessary
or
convenient
to
administer
the
funds
and
to
carry
30
out
the
purposes
for
which
the
bonds
are
issued
and
sold.
The
31
treasurer
of
state
may
issue
and
sell
bonds
as
provided
in
32
paragraph
“b”
in
one
or
more
series
on
the
terms
and
conditions
33
the
treasurer
of
state
determines
to
be
in
the
best
interest
of
34
the
state,
in
accordance
with
this
section
in
such
amounts
as
35
-2-
LSB
5517HC
(12)
84
lh/rj
2/
129
H.F.
_____
the
treasurer
of
state
determines
to
be
necessary
to
fund
the
1
purposes
for
which
such
bonds
are
issued
and
sold
as
follows:
.
2
Sec.
5.
Section
15.104,
subsection
3,
unnumbered
paragraph
3
1,
Code
Supplement
2011,
is
amended
to
read
as
follows:
4
Review
and
approve
or
disapprove
a
life
science
enterprise
5
plan
or
amendments
to
that
plan
as
provided
in
chapter
10C
,
6
Code
2011,
and
according
to
rules
adopted
by
the
board.
A
7
life
science
plan
shall
make
a
reasonable
effort
to
provide
8
for
participation
by
persons
who
are
individuals
or
family
9
farm
entities
actively
engaged
in
farming
as
defined
in
10
section
10.1
.
The
persons
may
participate
in
the
life
science
11
enterprise
by
holding
an
equity
position
in
the
life
science
12
enterprise
or
providing
goods
or
service
to
the
enterprise
13
under
contract.
The
plan
must
be
filed
with
the
board
not
14
later
than
June
30,
2005.
The
life
science
enterprise
may
file
15
an
amendment
to
a
plan
at
any
time.
A
life
science
enterprise
16
is
not
eligible
to
file
a
plan,
unless
the
life
science
17
enterprise
files
a
notice
with
the
board.
The
notice
shall
be
18
a
simple
statement
indicating
that
the
life
science
enterprise
19
may
file
a
plan
as
provided
in
this
section
.
The
notice
must
be
20
filed
with
the
board
not
later
than
June
1,
2005.
The
notice,
21
plan,
or
amendments
shall
be
submitted
by
a
life
science
22
enterprise
as
provided
by
the
board.
The
board
shall
consult
23
with
the
department
of
agriculture
and
land
stewardship
during
24
its
review
of
a
life
science
plan
or
amendments
to
that
plan.
25
The
plan
shall
include
information
regarding
the
life
science
26
enterprise
as
required
by
rules
adopted
by
the
board,
including
27
but
not
limited
to
all
of
the
following:
28
Sec.
6.
Section
15.117A,
subsection
6,
paragraph
b,
Code
29
Supplement
2011,
is
amended
to
read
as
follows:
30
b.
Review
annually
all
of
the
economic
development
programs
31
administered
by
the
authority
and
the
board
that
relate
to
the
32
targeted
industries
and
make
recommendations
for
adjustments
33
that
enhance
efficiency
and
effectiveness.
In
reviewing
the
34
programs,
the
council
shall,
to
the
greatest
extent
possible,
35
-3-
LSB
5517HC
(12)
84
lh/rj
3/
129
H.F.
_____
utilize
economic
development
data
and
research
in
order
to
make
1
objective,
fact-based
recommendations.
2
Sec.
7.
Section
15.247,
subsection
8,
paragraphs
c
and
d,
3
Code
Supplement
2011,
are
amended
to
read
as
follows:
4
c.
A
person
within
the
third
degree
of
consanguinity
of
an
5
employee
of
the
authority,
a
person
within
the
third
degree
6
of
consanguinity
of
a
member
of
the
targeted
small
business
7
financial
assistance
board
or
member’s
relative,
or
a
business
8
with
any
financial
ties
to
a
member
shall
not
be
eligible
for
9
financial
assistance
under
the
program
during
the
employee’s
10
employment
or
the
member’s
tenure
on
the
board,
as
applicable.
11
d.
Members
shall
serve
two
year
two-year
terms
and
may
be
12
reappointed.
A
member
shall
not
serve
more
than
two
terms.
13
d.
e.
The
targeted
small
business
financial
assistance
14
board
shall
consider
all
applications
for
financial
assistance
15
under
the
program
submitted
on
or
after
July
1,
2007.
16
Sec.
8.
Section
15A.9,
subsection
1,
paragraph
b,
Code
17
Supplement
2011,
is
amended
to
read
as
follows:
18
b.
(1)
In
order
to
assist
a
community
or
communities
19
located
within
the
state
to
secure
new
industrial
manufacturing
20
jobs,
the
state
of
Iowa
makes
economic
development
assistance
21
available
within
the
zone
or
zones,
and
the
department
of
22
economic
development
shall
designate
a
site
or
sites,
which
23
shall
not
be
larger
than
two
thousand
five
hundred
acres,
24
within
thirty
days
of
March
4,
1994,
as
a
quality
jobs
25
enterprise
zone
or
zones
for
the
purpose
of
attracting
a
26
primary
business
and
supporting
businesses
to
locate
facilities
27
within
the
state.
28
(2)
The
primary
business
or
a
supporting
business
shall
not
29
be
prohibited
from
participating
in
or
receiving
other
economic
30
development
programs
or
services
or
electing
to
utilize
other
31
tax
provisions
to
the
extent
authorized
elsewhere
by
law.
32
Sec.
9.
Section
34A.15,
subsection
1,
paragraphs
c,
e,
and
33
h,
Code
Supplement
2011,
are
amended
to
read
as
follows:
34
c.
One
person
appointed
by
the
Iowa
association
of
chiefs
of
35
-4-
LSB
5517HC
(12)
84
lh/rj
4/
129
H.F.
_____
police
and
peace
officers
association
.
1
e.
One
person
appointed
by
the
Iowa
association
of
2
professional
fire
fighters.
3
h.
One
person
appointed
by
the
Iowa
chapter
of
the
4
association
of
public
safety
public-safety
communications
5
officials-international,
inc.
6
Sec.
10.
Section
80B.11A,
Code
2011,
is
amended
to
read
as
7
follows:
8
80B.11A
Jailer
training
standards.
9
The
director
of
the
academy,
subject
to
the
approval
of
10
the
council,
and
in
consultation
with
the
Iowa
department
of
11
corrections,
Iowa
state
sheriffs’
and
deputies’
association,
12
and
the
Iowa
association
of
chiefs
of
police
and
peace
officers
13
association
,
shall
adopt
rules
in
accordance
with
this
chapter
14
and
chapter
17A
establishing
minimum
standards
for
training
of
15
jailers.
16
Sec.
11.
Section
80B.11C,
Code
2011,
is
amended
to
read
as
17
follows:
18
80B.11C
Telecommunicator
training
standards.
19
The
director
of
the
academy,
subject
to
the
approval
of
20
the
council,
in
consultation
with
the
Iowa
state
sheriffs’
21
and
deputies’
association,
the
Iowa
police
executive
forum,
22
the
Iowa
association
of
chiefs
of
police
and
peace
officers
23
association
,
the
Iowa
state
police
association,
the
Iowa
24
association
of
professional
fire
fighters,
the
Iowa
emergency
25
medical
services
association,
the
joint
council
of
Iowa
26
fire
service
organizations,
the
Iowa
department
of
public
27
safety,
the
Iowa
chapter
of
the
association
of
public
safety
28
public-safety
communications
officials-international,
inc.,
the
29
Iowa
chapter
of
the
national
emergency
number
association,
the
30
homeland
security
and
emergency
management
division
of
the
Iowa
31
department
of
public
defense,
and
the
Iowa
department
of
public
32
health,
shall
adopt
rules
pursuant
to
chapter
17A
establishing
33
minimum
standards
for
training
of
telecommunicators.
For
34
purposes
of
this
section
,
“telecommunicator”
means
a
person
who
35
-5-
LSB
5517HC
(12)
84
lh/rj
5/
129
H.F.
_____
receives
requests
for,
or
dispatches
requests
to,
emergency
1
response
agencies
which
include,
but
are
not
limited
to,
law
2
enforcement,
fire,
rescue,
and
emergency
medical
services
3
agencies.
4
Sec.
12.
Section
80E.2,
subsection
1,
paragraph
m,
Code
5
2011,
is
amended
to
read
as
follows:
6
m.
A
member
representing
the
Iowa
association
of
chiefs
of
7
police
and
peace
officers
association
.
8
Sec.
13.
Section
80E.2,
subsection
2,
Code
2011,
is
amended
9
to
read
as
follows:
10
2.
The
prosecuting
attorney,
licensed
substance
abuse
11
treatment
specialist,
certified
substance
abuse
prevention
12
specialist,
substance
abuse
treatment
program
director,
member
13
representing
the
Iowa
association
of
chiefs
of
police
and
14
peace
officers
association
,
member
representing
the
Iowa
state
15
police
association,
and
the
member
representing
the
Iowa
state
16
sheriffs’
and
deputies’
association
shall
be
appointed
by
the
17
governor,
subject
to
senate
confirmation,
for
four-year
terms
18
beginning
and
ending
as
provided
in
section
69.19
.
A
vacancy
19
on
the
council
shall
be
filled
for
the
unexpired
term
in
the
20
same
manner
as
the
original
appointment
was
made.
21
Sec.
14.
Section
96.21,
Code
2011,
is
amended
to
read
as
22
follows:
23
96.21
Termination.
24
If
at
any
time
Title
Tit.
IX
of
the
Social
Security
Act,
25
as
amended,
shall
be
amended
or
repealed
by
Congress
or
held
26
unconstitutional
by
the
supreme
court
of
the
United
States,
27
with
the
result
that
no
portion
of
the
contributions
required
28
under
this
chapter
may
be
credited
against
the
tax
imposed
29
by
said
Title
Tit.
IX,
in
any
such
event
the
operation
of
30
the
provisions
of
this
chapter
requiring
the
payment
of
31
contributions
and
benefits
shall
immediately
cease,
the
32
department
shall
thereupon
requisition
from
the
unemployment
33
trust
fund
all
moneys
therein
standing
to
its
credit,
and
such
34
moneys,
together
with
any
other
moneys
in
the
unemployment
35
-6-
LSB
5517HC
(12)
84
lh/rj
6/
129
H.F.
_____
compensation
fund
shall
be
refunded,
without
interest
and
under
1
regulations
prescribed
by
the
department,
to
each
employer
2
by
whom
contributions
have
been
paid,
proportionately
to
the
3
employer’s
pro
rata
share
of
the
total
contributions
paid
under
4
this
chapter
.
Any
interest
or
earnings
of
the
fund
shall
be
5
available
to
the
department
to
pay
for
the
costs
of
making
such
6
refunds.
When
the
department
shall
have
executed
the
duties
7
prescribed
in
this
section
and
performed
such
other
acts
as
are
8
incidental
to
the
termination
of
its
duties
under
this
chapter
,
9
the
provisions
of
this
chapter
,
in
their
entirety,
shall
cease
10
to
be
operative.
11
Sec.
15.
Section
96.27,
Code
2011,
is
amended
to
read
as
12
follows:
13
96.27
Approval
of
attorney
general.
14
An
agreement
made
for
the
purchase
or
other
acquisition
of
15
the
premises
mentioned
in
section
96.25
of
this
section
with
16
funds
granted
or
credited
to
this
state
for
such
purpose
under
17
the
Social
Security
Act
or
the
Wagner-Peyser
Act
shall
be
18
subject
to
the
approval
of
the
attorney
general
of
the
state
of
19
Iowa
as
to
form
and
as
to
title
thereto.
20
Sec.
16.
Section
97C.5,
Code
2011,
is
amended
to
read
as
21
follows:
22
97C.5
Tax
on
employees.
23
Every
employee
whose
services
are
covered
by
an
agreement
24
entered
into
under
section
97C.3
shall
be
required
to
pay
25
for
the
period
of
such
coverage
into
the
contribution
fund
26
established
by
section
97C.12
,
a
tax
which
is
hereby
imposed
27
with
respect
to
wages
received
during
the
calendar
year
of
28
1953,
equal
to
such
percentum
of
the
wages
received
by
the
29
employee
as
imposed
by
Social
Security
Act,
Title
Tit.
II,
30
as
such
Act
has
been
and
may
from
time
to
time
be
amended.
31
Such
payment
shall
be
considered
a
condition
of
employment
32
as
a
public
employee.
Taxes
deducted
from
the
wages
of
the
33
employee
by
the
employer
and
taxes
imposed
upon
the
employer
34
shall
be
forwarded
to
the
state
agency
for
recording
and
shall
35
-7-
LSB
5517HC
(12)
84
lh/rj
7/
129
H.F.
_____
be
deposited
with
the
treasurer
of
state
to
the
credit
of
1
the
contribution
fund
established
by
section
97C.12
of
this
2
chapter
.
3
Sec.
17.
Section
97C.10,
Code
2011,
is
amended
to
read
as
4
follows:
5
97C.10
Tax
on
employer.
6
In
addition
to
all
other
taxes
there
is
hereby
imposed
upon
7
each
employer
as
defined
in
section
97C.2,
subsection
2
,
a
8
tax
equal
to
such
percentum
of
the
wages
paid
by
the
employer
9
to
each
employee
as
imposed
by
the
Social
Security
Act,
Title
10
Tit.
II,
as
such
Act
has
been
and
may
from
time
to
time
be
11
amended.
The
employer
shall
pay
its
tax
or
contribution
from
12
funds
available
and
is
directed
to
pay
same
from
tax
money
or
13
from
any
other
income
available.
The
political
subdivision
is
14
hereby
authorized
and
directed
to
levy
in
addition
to
all
other
15
taxes
a
property
tax
sufficient
to
meet
its
obligations
under
16
the
provisions
of
this
chapter
,
if
such
tax
levy
is
necessary
17
because
other
funds
are
not
available.
18
Sec.
18.
Section
97C.15,
Code
2011,
is
amended
to
read
as
19
follows:
20
97C.15
Payments
to
secretary
of
treasury.
21
From
the
contribution
fund
the
custodian
of
the
fund
shall
22
pay
to
the
secretary
of
the
treasury
of
the
United
States
such
23
amounts
and
at
such
time
or
times
as
may
be
directed
by
the
24
state
agency
in
accordance
with
any
agreement
entered
into
25
under
section
97C.3
and
the
Social
Security
Act,
Title
Tit.
II.
26
Sec.
19.
Section
99D.11,
subsections
2
and
3,
Code
27
Supplement
2011,
are
amended
to
read
as
follows:
28
2.
Licensees
shall
only
permit
the
pari-mutuel
or
29
certificate
method
of
wagering,
or
the
advanced
advance
deposit
30
method
of
wagering,
as
defined
in
this
section
.
31
3.
The
licensee
may
receive
wagers
of
money
only
from
a
32
person
present
in
a
licensed
racetrack
enclosure
on
a
horse
33
or
dog
in
the
race
selected
by
the
person
making
the
wager
to
34
finish
first
in
the
race
or
from
a
person
engaging
in
advanced
35
-8-
LSB
5517HC
(12)
84
lh/rj
8/
129
H.F.
_____
advance
deposit
wagering
as
defined
in
this
section
.
The
1
person
wagering
shall
acquire
an
interest
in
the
total
money
2
wagered
on
all
horses
or
dogs
in
the
race
as
first
winners
in
3
proportion
to
the
amount
of
money
wagered
by
the
person.
4
Sec.
20.
Section
99D.11,
subsection
6,
paragraph
c,
Code
5
Supplement
2011,
is
amended
to
read
as
follows:
6
c.
(1)
The
commission
shall
authorize
the
licensee
of
the
7
horse
racetrack
located
in
Polk
county
to
conduct
advanced
8
advance
deposit
wagering.
An
advanced
advance
deposit
wager
9
may
be
placed
in
person
at
a
licensed
racetrack
enclosure,
or
10
from
any
other
location
via
a
telephone-type
device
or
any
11
other
electronic
means.
The
commission
may
also
issue
an
12
advanced
advance
deposit
wagering
operator
license
to
an
entity
13
who
complies
with
subparagraph
(3)
and
section
99D.8A
.
14
(2)
For
the
purposes
of
this
section
,
“advanced
deposit
15
wagering”
“advance
deposit
wagering”
means
a
method
of
16
pari-mutuel
wagering
in
which
an
individual
may
establish
17
an
account,
deposit
money
into
the
account,
and
use
the
18
account
balance
to
pay
for
pari-mutuel
wagering.
Of
the
net
19
revenue,
less
all
taxes
paid
and
expenses
directly
related
to
20
account
deposit
wagering
incurred
by
the
licensee
of
the
horse
21
racetrack
located
in
Polk
county,
received
through
advanced
22
advance
deposit
wagering,
fifty
percent
shall
be
designated
for
23
the
horse
purses
created
pursuant
to
section
99D.7,
subsection
24
5
,
and
fifty
percent
shall
be
designated
for
the
licensee
for
25
the
pari-mutuel
horse
racetrack
located
in
Polk
county.
26
(3)
Before
granting
an
advanced
advance
deposit
wagering
27
operator
license
to
an
entity
other
than
the
licensee
of
28
the
horse
racetrack
located
in
Polk
county,
the
commission
29
shall
enter
into
an
agreement
with
the
licensee
of
the
30
horse
racetrack
located
in
Polk
county,
the
Iowa
horsemen’s
31
benevolent
and
protective
association,
and
the
prospective
32
advanced
advance
deposit
wagering
operator
for
the
purpose
33
of
determining
the
payment
of
statewide
source
market
fees
34
and
the
host
fees
to
be
paid
on
all
races
subject
to
advanced
35
-9-
LSB
5517HC
(12)
84
lh/rj
9/
129
H.F.
_____
advance
deposit
wagering.
The
commission
shall
establish
the
1
term
of
such
an
advanced
advance
deposit
wagering
operator
2
license.
Such
an
advanced
advance
deposit
wagering
operator
3
licensee
shall
accept
wagers
on
live
races
conducted
at
the
4
horse
racetrack
in
Polk
county
from
all
of
its
account
holders
5
if
it
accepts
wagers
from
any
residents
of
this
state.
6
(4)
An
unlicensed
advanced
advance
deposit
wagering
7
operator
or
an
individual
taking
or
receiving
wagers
from
8
residents
of
this
state
on
races
conducted
at
the
horse
9
racetrack
located
in
Polk
county
is
guilty
of
a
class
“D”
10
felony.
11
(5)
For
the
purposes
of
this
paragraph
“c”
,
“advanced
12
deposit
wagering
operator”
“advance
deposit
wagering
operator”
13
means
an
advanced
advance
deposit
wagering
operator
licensed
14
by
the
commission
who
has
entered
into
an
agreement
with
the
15
licensee
of
the
horse
racetrack
in
Polk
county
and
the
Iowa
16
horsemen’s
benevolent
and
protective
association
to
provide
17
advanced
advance
deposit
wagering.
18
Sec.
21.
Section
100B.1,
subsection
1,
paragraph
a,
19
subparagraph
(1),
subparagraph
division
(c),
Code
Supplement
20
2011,
is
amended
to
read
as
follows:
21
(c)
Two
members
from
a
list
submitted
by
the
Iowa
22
association
of
professional
fire
fighters.
23
Sec.
22.
Section
105.2,
subsection
8,
Code
Supplement
2011,
24
is
amended
to
read
as
follows:
25
8.
“Hydronic”
means
a
heating
or
cooling
system
that
26
transfers
heating
or
cooling
by
circulating
fluid
through
27
a
closed
system,
including
boilers,
pressure
vessels,
28
refrigerated
refrigeration
equipment
in
connection
with
chilled
29
water
systems,
all
steam
piping,
hot
or
chilled
water
piping
30
together
with
all
control
devices
and
accessories,
installed
as
31
part
of,
or
in
connection
with,
any
heating
or
cooling
system
32
or
appliance
using
a
liquid,
water,
or
steam
as
the
heating
33
or
cooling
media.
“Hydronic”
includes
all
low-pressure
and
34
high-pressure
systems
and
all
natural,
propane,
liquid
propane,
35
-10-
LSB
5517HC
(12)
84
lh/rj
10/
129
H.F.
_____
or
other
gas
lines
associated
with
any
component
of
a
hydronic
1
system.
2
Sec.
23.
Section
124.401,
subsection
4,
paragraph
e,
Code
3
Supplement
2011,
is
amended
to
read
as
follows:
4
e.
Red
phosphorous
phosphorus
.
5
Sec.
24.
Section
135.105,
subsection
1,
Code
2011,
is
6
amended
to
read
as
follows:
7
1.
Coordinate
the
childhood
lead
poisoning
prevention
8
program
with
the
department
of
natural
resources,
the
9
university
of
Iowa
poison
control
program,
the
mobile
and
10
regional
child
health
speciality
specialty
clinics,
and
any
11
agency
or
program
known
for
a
direct
interest
in
lead
levels
12
in
the
environment.
13
Sec.
25.
Section
135.159,
subsection
2,
paragraph
a,
14
subparagraph
(9),
Code
Supplement
2011,
is
amended
to
read
as
15
follows:
16
(9)
A
representative
of
the
governor’s
Iowa
developmental
17
disabilities
council.
18
Sec.
26.
Section
161G.3,
subsection
3,
paragraph
a,
Code
19
2011,
is
amended
to
read
as
follows:
20
a.
Provide
for
conservation
systems
that
manage
and
optimize
21
nitrogen
and
phosphorous
phosphorus
within
fields
to
minimize
22
runoff
and
reduce
downstream
nutrient
loading.
23
Sec.
27.
Section
162.20,
subsection
5,
paragraph
c,
Code
24
2011,
is
amended
to
read
as
follows:
25
c.
The
transfer
of
a
dog
or
cat
to
a
research
facility
as
26
defined
in
section
162.2
or
a
person
licensed
by
the
United
27
States
department
of
agriculture
as
a
class
B
dealer
pursuant
28
to
9
C.F.R.
ch.
1,
subch.
A,
pt.
2.
However,
a
class
B
dealer
29
who
receives
an
unsterilized
dog
or
cat
from
a
pound
or
animal
30
shelter
shall
either
sterilize
the
dog
or
cat
or
transfer
the
31
unsterilized
dog
or
cat
to
a
research
facility
provided
in
this
32
paragraph.
The
class
B
dealer
shall
not
transfer
a
dog
to
a
33
research
facility
if
the
dog
is
a
greyhound
registered
with
the
34
national
greyhound
association
and
the
dog
raced
at
a
track
35
-11-
LSB
5517HC
(12)
84
lh/rj
11/
129
H.F.
_____
associated
with
pari-mutuel
racing
unless
the
class
B
dealer
1
receives
written
approval
of
the
transfer
from
a
person
who
2
owned
an
interest
in
the
dog
while
the
dog
was
racing.
3
Sec.
28.
Section
225B.3,
subsection
1,
paragraphs
b,
c,
and
4
d,
Code
2011,
are
amended
to
read
as
follows:
5
b.
Three
providers
of
disability
prevention
services,
6
recommended
by
the
governor’s
Iowa
developmental
disabilities
7
council,
appointed
by
the
governor,
and
confirmed
by
the
8
senate.
9
c.
Three
persons
with
expertise
in
priority
prevention
10
areas,
recommended
by
the
governor’s
Iowa
developmental
11
disabilities
council,
appointed
by
the
governor,
and
confirmed
12
by
the
senate.
13
d.
Three
persons
with
disabilities
or
family
members
of
a
14
person
with
disabilities,
recommended
by
the
governor’s
Iowa
15
developmental
disabilities
council,
appointed
by
the
governor
16
and
confirmed
by
the
senate.
17
Sec.
29.
Section
225C.6,
subsection
1,
paragraph
k,
Code
18
Supplement
2011,
is
amended
to
read
as
follows:
19
k.
Coordinate
activities
with
the
governor’s
Iowa
20
developmental
disabilities
council
and
the
mental
health
21
planning
council,
created
pursuant
to
federal
law.
The
22
commission
shall
work
with
other
state
agencies
on
23
coordinating,
collaborating,
and
communicating
concerning
24
activities
involving
persons
with
disabilities.
25
Sec.
30.
Section
231E.4,
subsection
3,
paragraph
e,
Code
26
2011,
is
amended
to
read
as
follows:
27
e.
Work
with
the
department
of
human
services,
the
Iowa
28
department
of
public
health,
the
governor’s
Iowa
developmental
29
disabilities
council,
and
other
agencies
to
establish
a
30
referral
system
for
the
provision
of
substitute
decision-making
31
services.
32
Sec.
31.
Section
241.3,
subsection
2,
Code
2011,
is
amended
33
to
read
as
follows:
34
2.
The
department
shall
consult
and
cooperate
with
the
35
-12-
LSB
5517HC
(12)
84
lh/rj
12/
129
H.F.
_____
department
of
workforce
development,
the
United
States
1
commissioner
of
social
security
administration,
the
division
2
of
office
on
the
status
of
women
of
the
department
of
human
3
rights,
the
department
of
education,
and
other
persons
in
the
4
executive
branch
of
the
state
government
as
the
department
5
considers
appropriate
to
facilitate
the
coordination
of
6
multipurpose
service
programs
established
under
this
chapter
7
with
existing
programs
of
a
similar
nature.
8
Sec.
32.
Section
249A.4B,
subsection
2,
paragraph
a,
9
subparagraph
(39),
Code
Supplement
2011,
is
amended
to
read
as
10
follows:
11
(39)
The
governor’s
Iowa
developmental
disabilities
12
council.
13
Sec.
33.
Section
256.32,
subsection
2,
paragraph
c,
Code
14
Supplement
2011,
is
amended
to
read
as
follows:
15
c.
The
current
postsecondary
agriculture
students
student
16
organization
of
Iowa
president.
17
Sec.
34.
Section
256.35A,
subsection
2,
paragraph
b,
Code
18
2011,
is
amended
to
read
as
follows:
19
b.
In
addition,
representatives
of
the
department
of
20
education,
the
division
of
vocational
rehabilitation
of
the
21
department
of
education,
the
department
of
public
health,
the
22
department
of
human
services,
the
governor’s
Iowa
developmental
23
disabilities
council,
the
division
of
insurance
of
the
24
department
of
commerce,
and
the
state
board
of
regents
shall
25
serve
as
ex
officio
members
of
the
advisory
council.
Ex
26
officio
members
shall
work
together
in
a
collaborative
manner
27
to
serve
as
a
resource
to
the
advisory
council.
The
council
28
may
also
form
workgroups
as
necessary
to
address
specific
29
issues
within
the
technical
purview
of
individual
members.
30
Sec.
35.
Section
256C.5,
subsection
2,
paragraph
a,
Code
31
Supplement
2011,
is
amended
to
read
as
follows:
32
a.
For
the
initial
school
year
for
which
a
school
district
33
approved
to
participate
in
the
preschool
program
receives
that
34
approval
and
implements
the
preschool
program,
the
funding
for
35
-13-
LSB
5517HC
(12)
84
lh/rj
13/
129
H.F.
_____
the
preschool
foundation
aid
payable
to
that
school
district
1
shall
be
paid
from
the
appropriation
made
for
that
school
year
2
in
section
256C.6
,
Code
2011,
or
in
another
appropriation
3
made
for
purposes
of
this
chapter
.
For
that
school
year,
the
4
preschool
foundation
aid
payable
to
the
school
district
is
5
the
product
of
the
regular
program
state
cost
per
pupil
for
6
the
school
year
multiplied
by
sixty
percent
of
the
school
7
district’s
eligible
student
enrollment
on
the
date
in
the
8
school
year
determined
by
rule.
9
Sec.
36.
Section
260H.2,
Code
Supplement
2011,
is
amended
10
to
read
as
follows:
11
260H.2
Pathways
for
academic
career
and
employment
program.
12
A
pathways
for
academic
career
and
employment
program
is
13
established
to
provide
funding
to
community
colleges
for
the
14
development
of
projects
in
coordination
with
the
economic
15
development
authority,
the
department
of
education,
Iowa
the
16
department
of
workforce
development,
regional
advisory
boards
17
established
pursuant
to
section
84A.4
,
and
community
partners
18
to
implement
a
simplified,
streamlined,
and
comprehensive
19
process,
along
with
customized
support
services,
to
enable
20
eligible
participants
to
acquire
effective
academic
and
21
employment
training
to
secure
gainful,
quality,
in-state
22
employment.
23
Sec.
37.
Section
260H.8,
Code
Supplement
2011,
is
amended
24
to
read
as
follows:
25
260H.8
Rules.
26
The
department
of
education,
in
consultation
with
the
27
community
colleges,
the
economic
development
authority,
and
28
Iowa
the
department
of
workforce
development,
shall
adopt
29
rules
pursuant
to
chapter
17A
and
this
chapter
to
implement
30
the
provisions
of
this
chapter
.
Regional
advisory
boards
31
established
pursuant
to
section
84A.4
shall
be
consulted
in
the
32
development
and
implementation
of
rules
to
be
adopted
pursuant
33
to
this
chapter
.
34
Sec.
38.
Section
273.2,
subsection
3,
Code
Supplement
2011,
35
-14-
LSB
5517HC
(12)
84
lh/rj
14/
129
H.F.
_____
is
amended
to
read
as
follows:
1
3.
The
area
education
agency
board
shall
furnish
2
educational
services
and
programs
as
provided
in
sections
3
273.1
,
this
section,
sections
273.3
to
273.9
,
and
chapter
256B
4
to
the
pupils
enrolled
in
public
or
nonpublic
schools
located
5
within
its
boundaries
which
are
on
the
list
of
accredited
6
schools
pursuant
to
section
256.11
.
The
programs
and
services
7
provided
shall
be
at
least
commensurate
with
programs
and
8
services
existing
on
July
1,
1974.
The
programs
and
services
9
provided
to
pupils
enrolled
in
nonpublic
schools
shall
be
10
comparable
to
programs
and
services
provided
to
pupils
enrolled
11
in
public
schools
within
constitutional
guidelines.
12
Sec.
39.
Section
273.3,
subsections
2
and
12,
Code
13
Supplement
2011,
are
amended
to
read
as
follows:
14
2.
Be
authorized
to
receive
and
expend
money
for
providing
15
programs
and
services
as
provided
in
sections
273.1
,
273.2,
16
this
section,
sections
273.4
to
273.9
,
and
chapters
256B
17
and
257
.
All
costs
incurred
in
providing
the
programs
and
18
services,
including
administrative
costs,
shall
be
paid
from
19
funds
received
pursuant
to
sections
273.1
to
273.9
and
chapters
20
256B
and
257
.
21
12.
Prepare
an
annual
budget
estimating
income
and
22
expenditures
for
programs
and
services
as
provided
in
sections
23
273.1
,
273.2,
this
section,
sections
273.4
to
273.9
,
and
24
chapter
256B
within
the
limits
of
funds
provided
under
section
25
256B.9
and
chapter
257
.
The
board
shall
give
notice
of
a
26
public
hearing
on
the
proposed
budget
by
publication
in
an
27
official
county
newspaper
in
each
county
in
the
territory
28
of
the
area
education
agency
in
which
the
principal
place
29
of
business
of
a
school
district
that
is
a
part
of
the
area
30
education
agency
is
located.
The
notice
shall
specify
the
31
date,
which
shall
be
not
later
than
March
1
of
each
year,
the
32
time,
and
the
location
of
the
public
hearing.
The
proposed
33
budget
as
approved
by
the
board
shall
then
be
submitted
to
the
34
state
board
of
education,
on
forms
provided
by
the
department,
35
-15-
LSB
5517HC
(12)
84
lh/rj
15/
129
H.F.
_____
no
later
than
March
15
preceding
the
next
fiscal
year
for
1
approval.
The
state
board
shall
review
the
proposed
budget
of
2
each
area
education
agency
and
shall
before
April
1,
either
3
grant
approval
or
return
the
budget
without
approval
with
4
comments
of
the
state
board
included.
An
unapproved
budget
5
shall
be
resubmitted
to
the
state
board
for
final
approval
not
6
later
than
April
15.
For
the
fiscal
year
beginning
July
1,
7
1999,
and
each
succeeding
fiscal
year,
the
state
board
shall
8
give
final
approval
only
to
budgets
submitted
by
area
education
9
agencies
accredited
by
the
state
board
or
that
have
been
given
10
conditional
accreditation
by
the
state
board.
11
Sec.
40.
Section
280.13C,
subsection
3,
Code
Supplement
12
2011,
is
amended
to
read
as
follows:
13
3.
a.
A
student
who
has
been
removed
from
participation
14
shall
not
recommence
such
participation
until
the
student
has
15
been
evaluated
by
a
licensed
health
care
provider
trained
in
16
the
evaluation
and
management
of
concussions
and
other
brain
17
injuries
and
the
student
has
received
written
clearance
to
18
return
to
participation
from
the
health
care
provider.
19
b.
4.
For
the
purposes
of
this
section
,
a
“licensed
health
20
care
provider”
:
21
a.
“Extracurricular
interscholastic
activity”
means
any
22
extracurricular
interscholastic
activity,
contest,
or
practice,
23
including
sports,
dance,
or
cheerleading.
24
b.
“Licensed
health
care
provider”
means
a
physician,
25
physician
assistant,
chiropractor,
advanced
registered
nurse
26
practitioner,
nurse,
physical
therapist,
or
athletic
trainer
27
licensed
by
a
board
designated
under
section
147.13.
28
c.
For
the
purposes
of
this
section
,
an
“extracurricular
29
interscholastic
activity”
means
any
extracurricular
30
interscholastic
activity,
contest,
or
practice,
including
31
sports,
dance,
or
cheerleading.
32
Sec.
41.
Section
313.3,
subsection
1,
paragraph
d,
Code
33
2011,
is
amended
to
read
as
follows:
34
d.
All
revenue
accrued
or
accruing
to
the
state
of
Iowa
35
-16-
LSB
5517HC
(12)
84
lh/rj
16/
129
H.F.
_____
on
or
after
January
26,
1949,
from
the
sale
of
public
lands
1
within
the
state,
under
Acts
of
Congress
approved
March
3,
2
1845,
supplemental
to
the
Act
for
the
admission
Admission
of
3
the
states
States
of
Iowa
and
Florida
into
the
Union,
chapters
4
75
and
76
(Fifth
Statutes,
pages
788
and
790)
,
5
Stat.
788,
5
790
,
shall
be
placed
in
the
primary
road
fund.
6
Sec.
42.
Section
331.512,
subsection
1,
paragraph
e,
Code
7
2011,
is
amended
to
read
as
follows:
8
e.
The
levy
for
taxes
for
the
county
brucellosis
and
9
tuberculosis
eradication
fund
as
provided
in
section
165.18
.
10
Sec.
43.
Section
331.559,
subsection
2,
Code
2011,
is
11
amended
to
read
as
follows:
12
2.
Collect
the
tax
levied
for
the
county
brucellosis
and
13
tuberculosis
eradication
fund
as
provided
in
section
165.18
.
14
Sec.
44.
Section
356.36,
unnumbered
paragraph
1,
Code
2011,
15
is
amended
to
read
as
follows:
16
The
Iowa
department
of
corrections,
in
consultation
with
17
the
Iowa
state
sheriff’s
association,
the
Iowa
association
18
of
chiefs
of
police
and
peace
officers
association
,
the
19
Iowa
league
of
cities,
and
the
Iowa
board
of
supervisors
20
association,
shall
draw
up
minimum
standards
for
the
regulation
21
of
jails,
alternative
jails,
facilities
established
pursuant
to
22
chapter
356A
and
municipal
holding
facilities.
When
completed
23
by
the
department,
the
standards
shall
be
adopted
as
rules
24
pursuant
to
chapter
17A
.
25
Sec.
45.
Section
356.37,
Code
2011,
is
amended
to
read
as
26
follows:
27
356.37
Confinement
and
detention
report
——
design
proposals.
28
The
division
of
criminal
and
juvenile
justice
planning
29
of
the
department
of
human
rights,
in
consultation
with
30
the
department
of
corrections,
the
Iowa
county
attorneys
31
association,
the
Iowa
state
sheriff’s
association,
the
Iowa
32
association
of
chiefs
of
police
and
peace
officers
association
,
33
a
statewide
organization
representing
rural
property
taxpayers,
34
the
Iowa
league
of
cities,
and
the
Iowa
board
of
supervisors
35
-17-
LSB
5517HC
(12)
84
lh/rj
17/
129
H.F.
_____
association,
shall
prepare
a
report
analyzing
the
confinement
1
and
detention
needs
of
jails
and
facilities
established
2
pursuant
to
this
chapter
and
chapter
356A
.
The
report
for
each
3
type
of
jail
or
facility
shall
include
but
is
not
limited
to
4
an
inventory
of
prisoner
space,
daily
prisoner
counts,
options
5
for
detention
of
prisoners
with
mental
illness
or
substance
6
abuse
service
needs,
and
the
compliance
status
under
section
7
356.36
for
each
jail
or
facility.
The
report
shall
contain
an
8
inventory
of
recent
jail
or
facility
construction
projects
in
9
which
voters
have
approved
the
issuance
of
general
obligation
10
bonds,
essential
county
purpose
bonds,
revenue
bonds,
or
11
bonds
issued
pursuant
to
chapter
423B
.
The
report
shall
be
12
revised
periodically
as
directed
by
the
administrator
of
the
13
division
of
criminal
and
juvenile
justice
planning.
The
first
14
submission
of
the
report
shall
include
recommendations
on
15
offender
data
needed
to
estimate
jail
space
needs
in
the
next
16
two,
three,
and
five
years,
on
a
county,
geographic
region,
and
17
statewide
basis,
which
may
be
based
upon
information
submitted
18
pursuant
to
section
356.49
.
19
Sec.
46.
Section
403.21,
subsection
3,
Code
Supplement
20
2011,
is
amended
to
read
as
follows:
21
3.
The
community
college
shall
send
a
copy
of
the
final
22
agreement
prepared
pursuant
to
section
260F.3
to
the
economic
23
development
authority.
For
each
year
in
which
incremental
24
property
taxes
are
used
to
retire
debt
service
on
a
jobs
25
training
advance
issued
for
a
project
creating
new
jobs,
the
26
community
college
shall
provide
to
the
economic
development
27
authority
a
report
of
the
incremental
property
taxes
and
new
28
jobs
credits
from
withholding
generated
for
that
year,
a
29
specific
description
of
the
training
conducted,
the
number
of
30
employees
provided
program
services
under
the
project,
and
the
31
median
wage
of
employees
in
the
new
jobs
in
the
project,
and
32
the
administrative
costs
directly
attributable
to
the
project.
33
Sec.
47.
Section
410.1,
unnumbered
paragraph
5,
Code
2011,
34
is
amended
to
read
as
follows:
35
-18-
LSB
5517HC
(12)
84
lh/rj
18/
129
H.F.
_____
The
provisions
of
this
chapter
shall
not
apply
to
police
1
officers
and
fire
fighters
who
entered
employment
after
March
2
2,
1934,
except
that
any
police
officer
or
fire
fighter
who
3
had
been
making
payments
of
membership
fees
and
assessments
as
4
provided
in
section
410.5
prior
to
July
1,
1971,
shall
on
July
5
1,
1973,
be
fully
restored
and
entitled
to
all
pension
rights
6
and
benefits,
vested
or
not
vested,
under
this
chapter
if
the
7
city
has
not
returned
to
such
police
officer
or
fire
fighter
8
the
membership
fees
and
assessments
paid
by
the
police
officer
9
or
fire
fighter
prior
to
July
1,
1971,
and
if
such
police
10
officer
or
fire
fighter
pays
to
the
city
within
six
months
11
after
July
1,
1973,
the
amount
of
the
fees
and
assessments
12
that
the
police
officer
or
fire
fighter
would
have
paid
to
the
13
police
officers’
or
fire
fighters’
pension
fund
from
July
1,
14
1971,
to
July
1,
1973,
if
1971
Iowa
Acts
of
the
1971
Session,
15
Sixty-fourth
General
Assembly
,
ch.
108,
had
not
been
adopted.
16
If
the
membership
fees
and
assessments
paid
by
such
police
17
officer
or
fire
fighter
prior
to
July
1,
1971,
have
been
18
returned
to
the
police
officer
or
fire
fighter,
all
pension
19
rights
and
benefits,
vested
or
not
vested,
under
this
chapter
20
shall
be
fully
restored
to
the
police
officer
or
fire
fighter
21
on
July
1,
1973,
if,
within
six
months
after
July
1,
1973,
such
22
police
officer
or
fire
fighter
repays
the
fees
and
assessments
23
so
returned
and
pays
the
amount
of
the
fees
and
assessments
to
24
the
city
that
the
police
officer
or
fire
fighter
would
have
25
paid
to
the
appropriate
pension
fund
from
July
1,
1971,
to
26
July
1,
1973,
if
1971
Iowa
Acts
of
the
Sixty-fourth
General
27
Assembly,
1971
Session
,
ch.
108
had
not
been
adopted.
28
Sec.
48.
Section
411.36,
subsection
1,
paragraph
a,
29
subparagraph
(1),
Code
2011,
is
amended
to
read
as
follows:
30
(1)
Two
fire
fighters
from
different
participating
cities,
31
one
of
whom
is
an
active
member
of
the
retirement
system
and
32
one
of
whom
is
a
retired
member.
The
fire
fighters
shall
be
33
appointed
by
the
governing
body
of
the
Iowa
association
of
34
professional
fire
fighters.
35
-19-
LSB
5517HC
(12)
84
lh/rj
19/
129
H.F.
_____
Sec.
49.
Section
437A.3,
subsection
14,
Code
Supplement
1
2011,
is
amended
to
read
as
follows:
2
14.
a.
“Local
amount”
means
the
first
forty-four
million
3
four
hundred
forty-four
thousand
four
hundred
forty-five
4
dollars
of
the
acquisition
cost
of
any
major
addition
which
is
5
an
electric
power
generating
plant
and
the
total
acquisition
6
cost
of
any
other
major
addition.
7
b.
“Local
amount”
for
the
purposes
of
determining
the
local
8
taxable
value
for
a
new
electric
power
generating
plant
shall
9
annually
be
determined
to
be
equal
up
to
the
first
forty-four
10
million
four
hundred
forty-four
thousand
four
hundred
11
forty-five
dollars
of
the
taxable
value
of
the
new
electric
12
power
generating
plant.
“Local
amount”
for
the
purposes
13
of
determining
the
local
assessed
value
for
a
new
electric
14
power
generating
plant
shall
be
annually
determined
to
be
the
15
percentage
share
of
the
taxable
value
of
the
new
electric
power
16
generating
plant
allocated
as
the
local
amount
multiplied
by
17
the
total
assessed
value
of
the
new
electric
power
generating
18
plant.
19
Sec.
50.
Section
437A.3,
subsection
18,
paragraph
b,
Code
20
Supplement
2011,
is
amended
to
read
as
follows:
21
b.
(1)
Any
acquisition
on
or
after
January
1,
2004,
by
22
a
taxpayer,
by
transfer
of
ownership,
self-construction,
23
or
capital
lease
of
any
interest
in
electric
transmission
24
operating
property
within
a
local
taxing
district
where
the
25
acquisition
cost
of
all
interests
acquired
exceeds
one
million
26
dollars.
27
(2)
For
purposes
of
this
chapter
,
the
acquisition
cost
of
28
an
asset
acquired
by
capital
lease
is
its
capitalized
value
29
determined
under
generally
accepted
accounting
principles.
30
Sec.
51.
Section
451.1,
subsection
3,
Code
2011,
is
amended
31
to
read
as
follows:
32
3.
“Federal
Estate
Tax
Act”
and
all
such
similar
terms,
33
means
Title
Tit.
III
of
chapter
27
of
the
Acts
of
the
34
Sixty-ninth
Congress
of
the
United
States,
first
session,
35
-20-
LSB
5517HC
(12)
84
lh/rj
20/
129
H.F.
_____
appearing
in
44
Statutes
at
Large
Stat.
,
chapter
ch.
27,
as
of
1
January
1,
2000,
as
amended.
2
Sec.
52.
Section
452A.5,
Code
2011,
is
amended
to
read
as
3
follows:
4
452A.5
Distribution
allowance.
5
1.
A
supplier
shall
retain
a
distribution
allowance
of
not
6
more
than
one
and
six-tenths
percent
of
all
gallons
of
motor
7
fuel
and
a
distribution
allowance
of
not
more
than
seven-tenths
8
percent
of
all
gallons
of
undyed
special
fuel
removed
from
9
the
terminal
during
the
reporting
period
for
purposes
of
tax
10
computation
under
section
452A.8
.
11
2.
The
distribution
allowance
shall
be
prorated
between
the
12
supplier
and
the
distributor
or
dealer
as
follows:
13
1.
a.
Motor
fuel:
four-tenths
percent
retained
by
the
14
supplier,
one
and
two-tenths
percent
to
the
distributor.
15
2.
b.
Undyed
special
fuel:
thirty-five
hundredths
percent
16
retained
by
the
supplier,
thirty-five
hundredths
percent
to
the
17
distributor
or
dealer
purchasing
directly
from
a
supplier.
18
3.
Gallons
exported
outside
of
the
state
shall
not
be
19
included
in
the
calculation
of
the
distribution.
20
Sec.
53.
Section
452A.8,
subsection
2,
paragraph
e,
Code
21
2011,
is
amended
to
read
as
follows:
22
e.
(1)
The
tax
for
compressed
natural
gas
and
liquefied
23
petroleum
gas
delivered
by
a
licensed
compressed
natural
gas
24
or
liquefied
petroleum
gas
dealer
for
use
in
this
state
shall
25
attach
at
the
time
of
the
delivery
and
shall
be
collected
by
26
the
dealer
from
the
consumer
and
paid
to
the
department
as
27
provided
in
this
chapter
.
The
tax,
with
respect
to
compressed
28
natural
gas
and
liquefied
petroleum
gas
acquired
by
a
consumer
29
in
any
manner
other
than
by
delivery
by
a
licensed
compressed
30
natural
gas
or
liquefied
petroleum
gas
dealer
into
a
fuel
31
supply
tank
of
a
motor
vehicle,
attaches
at
the
time
of
the
use
32
of
the
fuel
and
shall
be
paid
over
to
the
department
by
the
33
consumer
as
provided
in
this
chapter
.
34
(2)
The
department
shall
adopt
rules
governing
the
35
-21-
LSB
5517HC
(12)
84
lh/rj
21/
129
H.F.
_____
dispensing
of
compressed
natural
gas
and
liquefied
petroleum
1
gas
by
licensed
dealers
and
licensed
users.
The
director
may
2
require
by
rule
that
reports
and
returns
be
filed
by
electronic
3
transmission.
For
purposes
of
this
paragraph
“e”
,
“dealer”
4
and
“user”
mean
a
licensed
compressed
natural
gas
or
liquefied
5
petroleum
gas
dealer
or
user
and
“fuel”
means
compressed
natural
6
gas
or
liquefied
petroleum
gas.
The
department
shall
require
7
that
all
pumps
located
at
dealer
locations
and
user
locations
8
through
which
liquefied
petroleum
gas
can
be
dispensed
shall
9
be
metered,
inspected,
tested
for
accuracy,
and
sealed
and
10
licensed
by
the
state
department
of
agriculture
and
land
11
stewardship,
and
that
fuel
delivered
into
the
fuel
supply
12
tank
of
any
motor
vehicle
shall
be
dispensed
only
through
13
tested
metered
pumps
and
may
be
sold
without
temperature
14
correction
or
corrected
to
a
temperature
of
sixty
degrees.
If
15
the
metered
gallonage
is
to
be
temperature-corrected,
only
a
16
temperature-compensated
meter
shall
be
used.
Natural
gas
used
17
as
fuel
shall
be
delivered
into
compressing
equipment
through
18
sealed
meters
certified
for
accuracy
by
the
department
of
19
agriculture
and
land
stewardship.
20
(3)
(a)
All
gallonage
which
is
not
for
highway
use,
21
dispensed
through
metered
pumps
as
licensed
under
this
section
22
on
which
fuel
tax
is
not
collected,
must
be
substantiated
by
23
exemption
certificates
as
provided
by
the
department
or
by
24
valid
exemption
certificates
provided
by
the
dealers,
signed
by
25
the
purchaser,
and
retained
by
the
dealer.
A
“valid
exemption
26
certificate
provided
by
a
dealer”
is
an
exemption
certificate
27
which
is
in
the
form
prescribed
by
the
director
to
assist
a
28
dealer
to
properly
account
for
fuel
dispensed
for
which
tax
is
29
not
collected
and
which
is
complete
and
correct
according
to
30
the
requirements
of
the
director.
31
(b)
For
the
privilege
of
purchasing
liquefied
petroleum
32
gas,
dispensed
through
licensed
metered
pumps,
on
a
basis
33
exempt
from
the
tax,
the
purchaser
shall
sign
exemption
34
certificates
for
the
gallonage
claimed
which
is
not
for
highway
35
-22-
LSB
5517HC
(12)
84
lh/rj
22/
129
H.F.
_____
use.
1
(c)
The
department
shall
disallow
all
sales
of
gallonage
2
which
is
not
for
highway
use
unless
proof
is
established
by
the
3
certificate.
Exemption
certificates
shall
be
retained
by
the
4
dealer
for
a
period
of
three
years.
5
(1)
(4)
(a)
For
the
purpose
of
determining
the
amount
6
of
liability
for
fuel
tax,
each
dealer
and
each
user
shall
7
file
with
the
department
not
later
than
the
last
day
of
the
8
month
following
the
month
in
which
this
division
becomes
9
effective
and
not
later
than
the
last
day
of
each
calendar
10
month
thereafter
a
monthly
tax
return
certified
under
penalties
11
for
false
certification.
The
return
shall
show,
with
reference
12
to
each
location
at
which
fuel
is
delivered
or
placed
by
the
13
dealer
or
user
into
a
fuel
supply
tank
of
any
motor
vehicle
14
during
the
next
preceding
calendar
month,
information
as
15
required
by
the
department.
16
(2)
(b)
The
amount
of
tax
due
shall
be
computed
by
17
multiplying
the
appropriate
tax
rate
per
gallon
by
the
number
18
of
gallons
of
fuel
delivered
or
placed
by
the
dealer
or
user
19
into
supply
tanks
of
motor
vehicles.
20
(3)
(c)
The
return
shall
be
accompanied
by
remittance
in
21
the
amount
of
the
tax
due
for
the
month
in
which
the
fuel
was
22
placed
into
the
supply
tanks
of
motor
vehicles.
23
Sec.
54.
Section
453A.13,
subsection
4,
paragraph
a,
24
unnumbered
paragraph
1,
Code
Supplement
2011,
is
amended
to
25
read
as
follows:
26
An
unrevoked
permit
for
which
the
holder
has
paid
the
full
27
annual
fee
may
be
surrendered
during
the
first
nine
months
of
28
said
year
to
the
officer
issuing
it,
and
the
department,
or
the
29
city
or
county
granting
the
permit
shall
make
refunds
to
the
30
said
holder
as
follows:
31
Sec.
55.
Section
453A.13,
subsection
4,
paragraphs
b
and
c,
32
Code
Supplement
2011,
are
amended
to
read
as
follows:
33
b.
An
unrevoked
permit
for
which
the
holder
has
paid
34
three-fourths
of
a
full
annual
fee
may
be
so
surrendered
during
35
-23-
LSB
5517HC
(12)
84
lh/rj
23/
129
H.F.
_____
the
first
six
months
of
the
period
covered
by
said
payment
and
1
the
said
department,
city
,
or
county
shall
make
refunds
to
the
2
holder
as
follows:
3
(1)
A
sum
equal
to
one-half
of
an
annual
fee
if
the
4
surrender
is
made
during
October,
November
,
or
December.
5
(2)
A
sum
equal
to
one-fourth
of
an
annual
fee
if
the
6
surrender
is
made
during
January,
February
,
or
March.
7
c.
An
unrevoked
permit
for
which
the
holder
has
paid
8
one-half
of
a
full
annual
fee
may
be
surrendered
during
the
9
first
three
months
of
the
period
covered
by
that
payment,
and
10
the
department,
city
,
or
county
,
shall
refund
to
the
holder
a
11
sum
equal
to
one-fourth
of
an
annual
fee.
12
Sec.
56.
Section
455B.171,
subsection
32,
Code
Supplement
13
2011,
is
amended
to
read
as
follows:
14
32.
“Sewage
sludge”
means
any
solid,
semisolid,
or
liquid
15
residue
removed
during
the
treatment
of
municipal
waste
water
16
or
domestic
sewage.
“Sewage
sludge”
includes
but
is
not
limited
17
to
solids
removed
during
primary,
secondary,
or
advanced
waste
18
water
treatment,
scum
septage,
portable
toilet
pumpings,
type
19
III
marine
device
pumpings
as
defined
in
33
C.F.R.
part
ch.
1,
20
subch.
O,
pt.
159,
and
sewage
sludge
products.
“Sewage
sludge”
21
does
not
include
grit,
screenings,
or
ash
generated
during
the
22
incineration
of
sewage
sludge.
23
Sec.
57.
Section
455B.261,
subsection
7,
Code
2011,
is
24
amended
to
read
as
follows:
25
7.
“Established
average
minimum
flow”
means
the
average
26
minimum
flow
for
a
given
watercourse
at
a
given
point
27
determined
and
established
by
the
commission.
28
a.
The
“average
minimum
flow”
for
a
given
watercourse
shall
29
be
determined
by
the
following
factors:
30
a.
(1)
Average
of
minimum
daily
flows
occurring
during
31
the
preceding
years
chosen
by
the
commission
as
more
nearly
32
representative
of
changing
conditions
and
needs
of
a
given
33
drainage
area
at
a
particular
time.
34
b.
(2)
Minimum
daily
flows
shown
by
experience
to
be
the
35
-24-
LSB
5517HC
(12)
84
lh/rj
24/
129
H.F.
_____
limit
at
which
further
withdrawals
would
be
harmful
to
the
1
public
interest
in
any
particular
drainage
area.
2
c.
(3)
The
minimum
daily
flows
shown
by
established
3
discharge
records
and
experiences
to
be
definitely
harmful
to
4
the
public
interest.
5
b.
The
determination
shall
be
based
upon
available
data,
6
supplemented,
when
available
data
are
incomplete,
with
whatever
7
evidence
is
available.
8
Sec.
58.
Section
455B.423,
subsection
2,
paragraph
a,
9
subparagraph
(6),
Code
Supplement
2011,
is
amended
to
read
as
10
follows:
11
(6)
Through
agreements
or
contracts
with
other
state
12
agencies,
to
work
with
private
industry
to
develop
alternatives
13
to
land
disposal
of
hazardous
waste
or
hazardous
substances
14
including
but
not
limited
to
resource
recovery,
recycling,
15
neutralization,
and
reduction.
16
Sec.
59.
Section
455B.471,
subsection
11,
Code
Supplement
17
2011,
is
amended
to
read
as
follows:
18
11.
a.
“Underground
storage
tank”
means
one
or
a
19
combination
of
tanks,
including
underground
pipes
connected
20
to
the
tanks
which
are
used
to
contain
an
accumulation
of
21
regulated
substances
and
the
volume
of
which,
including
the
22
volume
of
the
underground
pipes,
is
ten
percent
or
more
beneath
23
the
surface
of
the
ground.
24
b.
(1)
“Underground
storage
tank”
does
not
include:
25
(1)
(a)
Farm
or
residential
tanks
of
one
thousand
one
26
hundred
gallons
or
less
capacity
used
for
storing
motor
fuel
27
for
noncommercial
purposes.
28
(2)
(b)
Tanks
used
for
storing
heating
oil
for
consumptive
29
use
on
the
premises
where
stored.
30
(3)
(c)
Residential
septic
tanks.
31
(4)
(d)
Pipeline
facilities
regulated
under
the
Natural
32
Gas
Pipeline
Safety
Act
of
1968,
as
amended
to
January
1,
1985,
33
codified
at
49
U.S.C.
§
1671
et
seq.,
the
Hazardous
Liquid
34
Pipeline
Safety
Act
of
1979,
as
amended
to
January
1,
1985,
35
-25-
LSB
5517HC
(12)
84
lh/rj
25/
129
H.F.
_____
codified
at
49
U.S.C.
§
2001
et
seq.,
or
an
intrastate
pipeline
1
facility
regulated
under
chapter
479
.
2
(5)
(e)
A
surface
impoundment,
pit,
pond,
or
lagoon.
3
(6)
(f)
A
storm
water
or
wastewater
collection
system.
4
(7)
(g)
A
flow-through
process
tank.
5
(8)
(h)
A
liquid
trap
or
associated
gathering
lines
6
directly
related
to
oil
or
gas
production
and
gathering
7
operations.
8
(9)
(i)
A
storage
tank
situated
in
an
underground
area
9
including
but
not
limited
to
a
basement,
cellar,
mineworking,
10
drift,
shaft,
or
tunnel
if
the
storage
tank
is
situated
upon
or
11
above
the
surface
of
the
floor.
12
b.
(2)
“Underground
storage
tank”
does
not
include
13
pipes
connected
to
a
tank
described
in
paragraph
“a”
“b”
,
14
subparagraphs
subparagraph
(1)
through
(9)
.
15
Sec.
60.
Section
455B.474,
subsection
1,
paragraph
a,
16
subparagraph
(6),
subparagraph
division
(g),
Code
Supplement
17
2011,
is
amended
to
read
as
follows:
18
(g)
An
owner
or
operator
may
elect
to
proceed
with
19
additional
corrective
action
on
the
site.
However,
any
action
20
taken
in
addition
to
that
required
pursuant
to
this
paragraph
21
“a”
,
subparagraph
(6),
shall
be
solely
at
the
expense
of
the
22
owner
or
operator
and
shall
not
be
considered
corrective
action
23
for
purposes
of
section
455G.9
,
unless
otherwise
previously
24
agreed
to
by
the
board
and
the
owner
or
operator
pursuant
to
25
section
455G.9,
subsection
7
.
Corrective
action
taken
by
an
26
owner
or
operator
due
to
the
department’s
failure
to
meet
the
27
time
requirements
provided
in
subparagraph
division
(e)
shall
28
be
considered
corrective
action
for
purposes
of
section
455G.9
.
29
Sec.
61.
Section
455B.474,
subsection
1,
paragraph
a,
30
subparagraph
(8),
subparagraph
division
(c),
Code
Supplement
31
2011,
is
amended
to
read
as
follows:
32
(c)
A
certificate
shall
be
recorded
with
the
county
33
recorder.
The
owner
or
operator
of
a
site
who
has
been
issued
34
a
certificate
under
this
paragraph
“a”
,
subparagraph
(8),
or
35
-26-
LSB
5517HC
(12)
84
lh/rj
26/
129
H.F.
_____
a
subsequent
purchaser
of
the
site
shall
not
be
required
to
1
perform
further
corrective
action
because
action
standards
are
2
changed
at
a
later
date.
A
certificate
shall
not
prevent
the
3
department
from
ordering
corrective
action
of
a
new
release.
4
Sec.
62.
Section
455B.474,
subsection
2,
paragraph
a,
5
subparagraph
(2),
Code
Supplement
2011,
is
amended
to
read
as
6
follows:
7
(2)
A
person
who
establishes
financial
responsibility
8
by
self-insurance
shall
not
require
or
shall
not
enforce
an
9
indemnification
agreement
with
an
operator
or
owner
of
the
tank
10
covered
by
the
self-insurance
obligation,
unless
the
owner
11
or
operator
has
committed
a
substantial
breach
of
a
contract
12
between
the
self-insurer
and
the
owner
or
operator,
and
that
13
substantial
breach
relates
directly
to
the
operation
of
the
14
tank
in
an
environmentally
sound
manner.
This
paragraph
15
subparagraph
applies
to
all
contracts
between
a
self-insurer
16
and
an
owner
or
operator
entered
into
on
or
after
May
5,
1989.
17
Sec.
63.
Section
456A.33B,
subsection
2,
paragraph
c,
18
subparagraph
(4),
unnumbered
paragraph
1,
Code
Supplement
2011,
19
is
amended
to
read
as
follows:
20
Delivery
of
phosphorous
phosphorus
and
sediment
from
21
the
watershed
will
be
controlled
and
in
place
before
lake
22
restoration
begins.
Loads
of
phosphorous
phosphorus
and
23
sediment,
in
conjunction
with
in-lake
management,
will
meet
or
24
exceed
the
following
water
quality
targets:
25
Sec.
64.
Section
462A.52,
subsection
3,
Code
2011,
is
26
amended
to
read
as
follows:
27
3.
The
commission
shall
submit
a
written
report
to
the
28
general
assembly
by
December
31,
2007,
and
by
December
31
of
29
each
year
thereafter
through
December
31,
2013,
summarizing
the
30
activities
of
the
department
in
administering
and
enforcing
31
programs
to
control
aquatic
invasive
species
and
administering
32
and
enforcing
navigation
laws
and
water
safety
upon
the
inland
33
waters
of
the
state.
The
report
shall
include
information
34
concerning
the
amount
of
revenues
collected
pursuant
to
this
35
-27-
LSB
5517HC
(12)
84
lh/rj
27/
129
H.F.
_____
section
as
a
result
of
fee
increases
pursuant
to
2005
Iowa
1
Acts,
ch.
137,
and
how
the
revenues
were
expended.
The
report
2
shall
also
include
information
concerning
the
amount
and
source
3
of
all
other
funds
expended
by
the
commission
during
the
year
4
for
the
purposes
of
administering
and
enforcing
programs
5
to
control
aquatic
invasive
species
and
administering
and
6
enforcing
navigation
laws
and
water
safety
upon
the
inland
7
waters
of
the
state
and
how
the
funds
were
expended.
8
Sec.
65.
Section
466B.3,
subsection
4,
paragraph
k,
9
unnumbered
paragraph
1,
Code
Supplement
2011,
is
amended
to
10
read
as
follows:
11
The
secretary
of
agriculture
,
who
shall
be
the
chairperson,
12
or
the
secretary’s
designee.
As
the
chairperson,
and
in
13
order
to
further
the
coordination
efforts
of
the
council,
the
14
secretary
may
invite
representatives
from
any
other
public
15
agency,
private
organization,
business,
citizen
group,
or
16
nonprofit
entity
to
give
public
input
at
council
meetings,
17
provided
the
entity
has
an
interest
in
the
coordinated
18
management
of
land
resources,
soil
conservation,
flood
19
mitigation,
or
water
quality.
The
secretary
shall
also
invite
20
and
solicit
advice
from
the
following:
21
Sec.
66.
Section
468.174,
Code
2011,
is
amended
to
read
as
22
follows:
23
468.174
Membership
in
the
national
drainage
association.
24
1.
Any
drainage
district
may
join
and
become
a
member
of
25
the
national
drainage
association.
A
drainage
district
may
26
pay
a
membership
fee
and
annual
dues
upon
the
approval
of
the
27
drainage
board
of
such
district,
but
not
in
excess
of
the
28
following:
29
a.
One
hundred
dollars
for
drainage
districts
having
30
indebtedness
in
excess
of
one
million
dollars.
31
b.
Fifty
dollars
for
drainage
districts
having
an
32
indebtedness
of
five
hundred
thousand
dollars
and
less
than
one
33
million
dollars.
34
c.
Twenty-five
dollars
for
drainage
districts
having
an
35
-28-
LSB
5517HC
(12)
84
lh/rj
28/
129
H.F.
_____
indebtedness
of
two
hundred
fifty
thousand
dollars
and
less
1
than
five
hundred
thousand
dollars.
2
d.
Ten
dollars
for
drainage
districts
having
an
indebtedness
3
less
than
two
hundred
fifty
thousand
dollars.
4
2.
The
annual
dues
for
any
district
shall
not
exceed
5
one-twentieth
of
one
percent
of
the
outstanding
indebtedness
of
6
the
district.
7
Sec.
67.
Section
476.1,
Code
2011,
is
amended
to
read
as
8
follows:
9
476.1
Applicability
of
authority.
10
1.
The
utilities
board
within
the
utilities
division
of
the
11
department
of
commerce
shall
regulate
the
rates
and
services
of
12
public
utilities
to
the
extent
and
in
the
manner
hereinafter
13
provided.
14
2.
As
used
in
this
chapter
,
“board”
or
“utilities
board”
15
means
the
utilities
board
within
the
utilities
division
of
the
16
department
of
commerce.
17
3.
As
used
in
this
chapter
,
“public
utility”
shall
include
18
any
person,
partnership,
business
association,
or
corporation,
19
domestic
or
foreign,
owning
or
operating
any
facilities
for:
20
1.
a.
Furnishing
gas
by
piped
distribution
system
or
21
electricity
to
the
public
for
compensation.
22
2.
b.
Furnishing
communications
services
to
the
public
for
23
compensation.
24
3.
c.
Furnishing
water
by
piped
distribution
system
to
the
25
public
for
compensation.
26
4.
Mutual
telephone
companies
in
which
at
least
fifty
27
percent
of
the
users
are
owners,
cooperative
telephone
28
corporations
or
associations,
telephone
companies
having
less
29
than
fifteen
thousand
customers
and
less
than
fifteen
thousand
30
access
lines,
municipally
owned
utilities,
and
unincorporated
31
villages
which
own
their
own
distribution
systems
are
not
32
subject
to
the
rate
regulation
provided
for
in
this
chapter
.
33
5.
This
chapter
does
not
apply
to
waterworks
having
less
34
than
two
thousand
customers,
municipally
owned
waterworks,
35
-29-
LSB
5517HC
(12)
84
lh/rj
29/
129
H.F.
_____
joint
water
utilities
established
pursuant
to
chapter
389
,
1
rural
water
districts
incorporated
and
organized
pursuant
2
to
chapters
357A
and
504
,
cooperative
water
associations
3
incorporated
and
organized
pursuant
to
chapter
499
,
or
to
4
a
person
furnishing
electricity
to
five
or
fewer
customers
5
either
by
secondary
line
or
from
an
alternate
energy
production
6
facility
or
small
hydro
facility,
from
electricity
that
is
7
produced
primarily
for
the
person’s
own
use.
8
6.
A
telephone
company
otherwise
exempt
from
rate
9
regulation
and
having
telephone
exchange
facilities
which
cross
10
state
lines
may
elect,
in
a
writing
filed
with
the
board,
to
11
have
its
rates
regulated
by
the
board.
When
a
written
election
12
has
been
filed
with
the
board,
the
board
shall
assume
rate
13
regulation
jurisdiction
over
the
company.
14
7.
The
jurisdiction
of
the
board
under
this
chapter
15
shall
include
efforts
designed
to
promote
the
use
of
energy
16
efficiency
strategies
by
rate
or
service-regulated
gas
and
17
electric
utilities.
18
Sec.
68.
Section
476.1D,
subsection
1,
paragraph
c,
19
subparagraph
(3),
Code
Supplement
2011,
is
amended
to
read
as
20
follows:
21
(3)
Effective
July
1,
2008,
the
retail
rate
jurisdiction
22
of
the
board
shall
not
be
applicable
to
single
line
flat-rated
23
residential
and
business
service
rates
unless
the
board
during
24
the
first
six
calendar
months
of
2008
extends
its
retail
rate
25
jurisdiction
over
single
line
flat-rated
residential
and
26
business
service
rates
provided
by
a
previously
rate-regulated
27
telephone
utility.
The
board
may
extend
its
jurisdiction
28
pursuant
to
this
paragraph
subparagraph
for
not
more
than
two
29
years
and
may
do
so
only
after
the
board
finds
that
such
action
30
is
necessary
for
the
public
interest.
The
board
shall
provide
31
the
general
assembly
with
a
copy
of
any
order
to
extend
its
32
jurisdiction
and
shall
permit
any
telephone
utility
subject
to
33
the
extension
to
increase
single
line
flat-rated
residential
34
and
business
monthly
service
rates
by
an
amount
up
to
two
35
-30-
LSB
5517HC
(12)
84
lh/rj
30/
129
H.F.
_____
dollars
during
each
twelve-month
period
of
the
extension.
If
a
1
telephone
utility
fails
to
impose
such
a
rate
increase
during
2
any
twelve-month
period,
the
utility
may
not
impose
the
unused
3
increase
in
any
subsequent
year.
4
Sec.
69.
Section
499.47B,
subsection
3,
paragraph
a,
Code
5
Supplement
2011,
is
amended
to
read
as
follows:
6
a.
Except
as
provided
in
paragraph
“b”
,
the
sale,
lease,
7
exchange,
or
other
disposition
must
be
approved
by
a
two-thirds
8
vote
of
the
members
in
which
vote
a
majority
of
all
voting
9
members
participate.
10
Sec.
70.
Section
499.47B,
subsection
3,
paragraph
b,
11
subparagraph
(1),
Code
Supplement
2011,
is
amended
to
read
as
12
follows:
13
(1)
If
the
cooperative
association’s
articles
of
14
incorporation
require
approval
by
more
than
two-thirds
of
15
its
members
in
which
vote
a
majority
of
all
voting
members
16
participate,
the
sale,
lease,
exchange,
or
other
disposition
17
must
be
approved
by
the
greater
number
as
provided
in
the
18
articles
of
incorporation.
19
Sec.
71.
Section
499.64,
subsection
2,
paragraph
a,
Code
20
Supplement
2011,
is
amended
to
read
as
follows:
21
a.
Except
as
provided
in
paragraph
“b”
,
the
proposed
plan
of
22
merger
or
consolidation
must
be
approved
by
a
two-thirds
vote
23
of
the
members
in
which
vote
a
majority
of
all
voting
members
24
participate.
25
Sec.
72.
Section
499.64,
subsection
2,
paragraph
b,
26
subparagraph
(1),
Code
Supplement
2011,
is
amended
to
read
as
27
follows:
28
(1)
If
the
cooperative
association’s
articles
of
29
incorporation
require
approval
by
more
than
two-thirds
of
30
its
members
in
which
vote
a
majority
of
all
voting
members
31
participate,
the
proposed
plan
of
merger
or
consolidation
must
32
be
approved
by
the
greater
number
as
provided
in
the
articles
33
of
incorporation.
34
Sec.
73.
Section
501.203,
subsection
4,
Code
Supplement
35
-31-
LSB
5517HC
(12)
84
lh/rj
31/
129
H.F.
_____
2011,
is
amended
to
read
as
follows:
1
4.
If
the
board
does
not
recommend
the
amendment
or
2
restatement
to
the
members,
then
the
amendment
or
restatement
3
must
be
adopted
by
the
members
by
a
vote
of
two-thirds
of
the
4
votes
cast
in
which
vote
a
majority
of
all
votes
are
cast.
5
Sec.
74.
Section
501.204,
Code
Supplement
2011,
is
amended
6
to
read
as
follows:
7
501.204
Bylaws.
8
The
board
may
adopt
or
amend
the
cooperative’s
bylaws
by
a
9
vote
of
three-fourths
of
the
board.
The
members
may
adopt
or
10
amend
the
cooperative’s
bylaws
by
a
vote
of
three-fourths
of
11
the
votes
cast
in
which
vote
a
majority
of
all
votes
are
cast.
12
A
bylaw
provision
adopted
by
the
members
shall
not
be
amended
13
or
repealed
by
the
directors.
14
Sec.
75.
Section
501.601,
subsection
2,
paragraph
b,
Code
15
Supplement
2011,
is
amended
to
read
as
follows:
16
b.
The
members
must
approve
the
plan
of
conversion
by
the
a
17
vote
of
two-thirds
of
the
votes
cast
in
which
vote
a
majority
18
of
all
votes
are
cast.
19
Sec.
76.
Section
501.603,
subsection
2,
Code
Supplement
20
2011,
is
amended
to
read
as
follows:
21
2.
A
cooperative
may
sell,
lease,
exchange,
or
otherwise
22
dispose
of
all,
or
substantially
all,
of
its
property,
with
23
or
without
the
goodwill,
on
the
terms
and
conditions
and
for
24
the
consideration
determined
by
the
board,
which
consideration
25
may
include
the
interests
of
another
cooperative,
if
the
board
26
recommends
the
proposed
transaction
to
the
members,
and
the
27
members
approve
it
by
the
a
vote
of
two-thirds
of
the
votes
28
cast
in
which
vote
a
majority
of
all
votes
are
cast.
The
board
29
may
condition
its
submission
of
the
proposed
transaction
on
any
30
basis.
31
Sec.
77.
Section
501.614,
subsection
2,
Code
Supplement
32
2011,
is
amended
to
read
as
follows:
33
2.
At
the
meeting,
a
vote
of
the
members
who
are
entitled
34
to
vote
in
the
affairs
of
the
association
shall
be
taken
on
35
-32-
LSB
5517HC
(12)
84
lh/rj
32/
129
H.F.
_____
the
proposed
plan
of
merger
or
consolidation.
The
plan
of
1
merger
or
consolidation
shall
be
approved
if
two-thirds
of
2
the
members
vote
affirmatively
in
which
and
a
majority
of
all
3
voting
members
participate
in
the
voting
.
4
Sec.
78.
Section
509B.1,
subsection
6,
Code
2011,
is
amended
5
to
read
as
follows:
6
6.
“Medicare”
means
Title
Tit.
XVIII
of
the
United
States
7
Social
Security
Act.
8
Sec.
79.
Section
513C.3,
subsection
14,
paragraph
a,
Code
9
2011,
is
amended
to
read
as
follows:
10
a.
Loss
of
eligibility
for
medical
assistance
provided
11
pursuant
to
chapter
249A
or
Medicare
coverage
provided
pursuant
12
to
Title
Tit.
XVIII
of
the
federal
Social
Security
Act.
13
Sec.
80.
Section
514G.103,
subsection
16,
paragraph
a,
14
subparagraph
(2),
Code
2011,
is
amended
to
read
as
follows:
15
(2)
The
contract
does
not
pay
or
reimburse
expenses
incurred
16
for
services
or
items
to
the
extent
that
the
expenses
are
17
reimbursable
under
Title
Tit.
XVIII
of
the
federal
Social
18
Security
Act,
as
amended,
or
would
be
reimbursable
but
for
19
the
application
of
a
deductible
or
coinsurance
amount.
The
20
requirements
of
this
subparagraph
do
not
apply
to
expenses
that
21
are
reimbursable
under
Title
Tit.
XVIII
of
the
federal
Social
22
Security
Act
only
as
a
secondary
payor.
A
contract
does
not
23
fail
to
satisfy
the
requirements
of
this
subparagraph
because
24
payments
are
made
on
a
per
diem
or
other
periodic
basis
without
25
regard
to
the
expenses
incurred
during
the
period
to
which
the
26
payments
relate.
27
Sec.
81.
Section
524.221,
subsection
3,
Code
Supplement
28
2011,
is
amended
to
read
as
follows:
29
3.
The
provisions
of
this
section
,
insofar
as
applicable,
30
shall
apply
to
the
records
of
a
national
bank
or
a
federally
31
chartered
savings
bank
or
a
federally
charted
chartered
savings
32
and
loan
association.
33
Sec.
82.
Section
558.66,
subsection
3,
paragraph
b,
34
subparagraph
(2),
Code
Supplement
2011,
is
amended
to
read
as
35
-33-
LSB
5517HC
(12)
84
lh/rj
33/
129
H.F.
_____
follows:
1
(2)
The
name
of
the
surviving
joint
tenant
or
owner
of
the
2
remainder
interest,
as
applicable,
in
whose
name
the
county
3
records
should
reflect
ownership
of
title.
4
Sec.
83.
Section
602.4201,
subsection
3,
paragraph
h,
Code
5
2011,
as
amended
by
2011
Iowa
Acts,
chapter
121,
section
60,
6
is
amended
to
read
as
follows:
7
h.
Involuntary
commitment
or
treatment
of
persons
with
a
8
substance-related
disorders.
9
Sec.
84.
Section
634A.1,
subsection
1,
paragraph
a,
Code
10
2011,
is
amended
to
read
as
follows:
11
a.
Is
considered
to
be
a
person
with
a
disability
under
the
12
disability
criteria
specified
in
Title
Tit.
II
or
Title
Tit.
13
XVI
of
the
federal
Social
Security
Act.
14
Sec.
85.
Section
714G.8,
subsection
4,
Code
2011,
is
amended
15
to
read
as
follows:
16
4.
Child
support
enforcement
officials
when
investigating
a
17
child
support
case
pursuant
to
Title
Tit.
IV-D
or
Title
Tit.
18
XIX
of
the
federal
Social
Security
Act.
19
Sec.
86.
Section
717.5,
subsection
3,
paragraph
a,
20
subparagraph
(1),
Code
Supplement
2011,
is
amended
to
read
as
21
follows:
22
(1)
For
livestock
neglected
under
section
717.2
,
the
23
amount
shall
not
be
more
than
for
expenses
incurred
by
the
24
local
authority
in
maintaining
and
disposing
of
the
neglected
25
livestock
rescued
pursuant
to
section
717.2A
,
and
reasonable
26
attorney
fees
and
expenses
related
to
the
investigation
of
the
27
case.
The
remaining
amount
of
a
bond
or
other
security
posted
28
pursuant
to
subsection
1
shall
be
used
to
reimburse
the
local
29
authority.
30
DIVISION
II
31
VOLUME
V
RENUMBERING
32
Sec.
87.
Section
490.202,
subsection
2,
paragraph
d,
Code
33
2011,
is
amended
to
read
as
follows:
34
d.
(1)
A
provision
eliminating
or
limiting
the
liability
35
-34-
LSB
5517HC
(12)
84
lh/rj
34/
129
H.F.
_____
of
a
director
to
the
corporation
or
its
shareholders
for
1
money
damages
for
any
action
taken,
or
any
failure
to
take
2
any
action,
as
a
director,
except
liability
for
any
of
the
3
following:
4
(1)
(a)
The
amount
of
a
financial
benefit
received
by
a
5
director
to
which
the
director
is
not
entitled.
6
(2)
(b)
An
intentional
infliction
of
harm
on
the
7
corporation
or
the
shareholders.
8
(3)
(c)
A
violation
of
section
490.833
.
9
(4)
(d)
An
intentional
violation
of
criminal
law.
10
(2)
A
provision
shall
not
eliminate
or
limit
the
liability
11
of
a
director
for
an
act
or
omission
occurring
prior
to
the
12
date
when
the
provision
in
the
articles
of
incorporation
13
becomes
effective.
14
Sec.
88.
Section
490.1110,
subsection
2,
Code
2011,
is
15
amended
to
read
as
follows:
16
2.
a.
This
section
does
not
apply
in
any
of
the
following
17
circumstances:
18
a.
(1)
The
corporation
does
not
have
a
class
of
voting
19
stock
that
is
listed
on
a
national
securities
exchange,
20
authorized
for
quotation
on
the
national
association
21
of
securities
dealers
automated
quotations
–
national
22
market
system,
or
held
of
record
by
more
than
two
thousand
23
shareholders,
unless
any
of
the
foregoing
results
from
action
24
taken,
directly
or
indirectly,
by
an
interested
shareholder
25
or
from
a
transaction
in
which
a
person
becomes
an
interested
26
shareholder.
27
b.
(2)
The
corporation’s
original
articles
of
incorporation
28
contain
a
provision
expressly
electing
not
to
be
governed
by
29
this
section
.
30
c.
(3)
The
corporation,
by
action
of
its
board
of
31
directors,
adopts
an
amendment
to
its
bylaws
by
no
later
than
32
September
29,
1997,
expressly
electing
not
to
be
governed
by
33
this
section
,
which
amendment
shall
not
be
further
amended
by
34
the
board
of
directors.
35
-35-
LSB
5517HC
(12)
84
lh/rj
35/
129
H.F.
_____
d.
(4)
(a)
The
corporation,
by
action
of
its
shareholders,
1
adopts
an
amendment
to
its
articles
of
incorporation
or
bylaws
2
expressly
electing
not
to
be
governed
by
this
section
,
provided
3
that,
in
addition
to
any
other
vote
required
by
law,
such
4
amendment
to
the
articles
of
incorporation
or
bylaws
must
be
5
approved
by
the
affirmative
vote
of
a
majority
of
the
shares
6
entitled
to
vote.
An
amendment
adopted
pursuant
to
this
7
paragraph
subparagraph
is
effective
immediately
in
the
case
of
8
a
corporation
that
has
never
had
a
class
of
voting
stock
that
9
falls
within
any
of
the
three
categories
set
out
in
paragraph
10
“a”
subparagraph
(1)
and
has
not
elected
by
a
provision
in
its
11
original
articles
of
incorporation
or
any
amendment
to
such
12
articles
to
be
governed
by
this
section
.
In
all
other
cases,
13
an
amendment
adopted
pursuant
to
this
paragraph
subparagraph
14
is
not
effective
until
twelve
months
after
the
adoption
of
15
the
amendment
and
does
not
apply
to
any
business
combination
16
between
the
corporation
and
any
person
who
became
an
interested
17
shareholder
of
the
corporation
on
or
prior
to
such
adoption.
18
(b)
An
amendment
to
the
bylaws
adopted
pursuant
to
this
19
paragraph
subparagraph
shall
not
be
further
amended
by
the
20
board
of
directors.
21
e.
(5)
A
shareholder
becomes
an
interested
shareholder
22
inadvertently
and
both
of
the
following
apply:
23
(1)
(a)
As
soon
as
practicable
the
shareholder
divests
24
itself
of
ownership
of
sufficient
shares
so
that
the
25
shareholder
ceases
to
be
an
interested
shareholder.
26
(2)
(b)
The
shareholder
would
not,
at
any
time
within
the
27
three-year
period
immediately
prior
to
a
business
combination
28
between
the
corporation
and
such
shareholder,
have
been
an
29
interested
shareholder
but
for
the
inadvertent
acquisition
of
30
ownership.
31
f.
(1)
(6)
(a)
The
business
combination
is
proposed
prior
32
to
the
consummation
or
abandonment
of
and
subsequent
to
the
33
earlier
of
the
public
announcement
or
the
notice
required
in
34
this
paragraph
subparagraph
of
a
proposed
transaction
which
35
-36-
LSB
5517HC
(12)
84
lh/rj
36/
129
H.F.
_____
satisfies
all
of
the
following:
1
(a)
(i)
Constitutes
a
transaction
described
in
2
subparagraph
(2)
subparagraph
division
(b)
.
3
(b)
(ii)
Is
with
or
by
a
person
who
either
was
not
an
4
interested
shareholder
during
the
previous
three
years
or
who
5
became
an
interested
shareholder
with
the
approval
of
the
6
corporation’s
board
of
directors
or
who
became
an
interested
7
shareholder
during
the
time
period
described
in
paragraph
“g”
8
subparagraph
(7)
.
9
(c)
(iii)
Is
approved
or
not
opposed
by
a
majority
of
10
the
members
of
the
board
of
directors
then
in
office
who
11
were
directors
prior
to
any
person
becoming
an
interested
12
shareholder
during
the
previous
three
years,
or
who
were
13
recommended
for
election
or
elected
to
succeed
such
directors
14
by
a
majority
of
such
directors.
15
(2)
(b)
A
proposed
transaction
under
subparagraph
(1)
16
division
(a)
is
limited
to
the
following:
17
(a)
(i)
A
merger
of
the
corporation,
other
than
a
merger
18
pursuant
to
section
490.1105
.
19
(b)
(ii)
A
sale,
lease,
exchange,
mortgage,
pledge,
20
transfer,
or
other
disposition,
in
one
or
more
transactions
21
and
whether
as
part
of
a
dissolution
or
otherwise,
of
assets
22
of
the
corporation
or
of
any
direct
or
indirect
majority-owned
23
subsidiary
of
the
corporation,
other
than
to
a
direct
or
24
indirect
wholly
owned
subsidiary
of
the
corporation
or
to
25
the
corporation
itself,
which
has
an
aggregate
market
value
26
equal
to
fifty
percent
or
more
of
either
the
aggregate
market
27
value
of
all
of
the
assets
of
the
corporation
determined
on
a
28
consolidated
basis,
or
the
aggregate
market
value
of
all
the
29
outstanding
stock
of
the
corporation.
30
(c)
(iii)
A
proposed
tender
or
exchange
offer
for
fifty
31
percent
or
more
of
the
outstanding
voting
stock
of
the
32
corporation.
33
(3)
(c)
The
corporation
shall
give
no
less
than
twenty
34
days’
notice
to
all
interested
shareholders
prior
to
35
-37-
LSB
5517HC
(12)
84
lh/rj
37/
129
H.F.
_____
the
consummation
of
any
of
the
transactions
described
in
1
subparagraph
(2)
division
(b)
,
subparagraph
division
(a)
or
(b)
2
subdivision
(i)
or
(ii)
.
3
g.
(7)
The
business
combination
is
with
an
interested
4
shareholder
who
becomes
an
interested
shareholder
of
the
5
corporation
at
a
time
when
the
corporation
is
not
subject
6
to
this
section
pursuant
to
paragraph
“a”
,
“b”
,
“c”
,
or
“d”
7
subparagraph
(1),
(2),
(3),
or
(4)
.
8
b.
Notwithstanding
paragraphs
“a”
through
“d”
9
paragraph
“a”
,
subparagraphs
(1)
through
(4)
,
a
corporation
10
may
elect
under
its
original
articles
of
incorporation
11
or
any
amendment
to
such
articles
to
be
subject
to
this
12
section
.
However,
such
amendment
shall
not
apply
to
restrict
a
13
business
combination
between
the
corporation
and
an
interested
14
shareholder
of
the
corporation
if
the
interested
shareholder
15
became
such
prior
to
the
effective
date
of
the
amendment.
16
Sec.
89.
Section
490.1110,
subsection
3,
paragraph
e,
Code
17
2011,
is
amended
to
read
as
follows:
18
e.
“Interested
shareholder”
means
any
person,
other
than
19
the
corporation
and
any
direct
or
indirect
majority-owned
20
subsidiary
of
the
corporation,
that
is
the
owner
of
ten
percent
21
or
more
of
the
outstanding
voting
stock
of
the
corporation,
or
22
is
an
affiliate
or
associate
of
the
corporation
and
was
the
23
owner
of
ten
percent
or
more
of
the
outstanding
voting
stock
24
of
the
corporation
at
any
time
within
the
three-year
period
25
immediately
prior
to
the
date
on
which
it
is
sought
to
be
26
determined
whether
such
person
is
an
interested
shareholder,
27
and
the
affiliates
and
associates
of
such
person.
“Interested
28
shareholder”
does
not
include
a
person
whose
ownership
of
shares
29
in
excess
of
the
ten
percent
limitation
is
the
result
of
action
30
taken
solely
by
the
corporation,
provided
that
such
person
31
is
an
interested
shareholder
if,
after
such
action
by
the
32
corporation,
the
person
acquires
additional
shares
of
voting
33
stock
of
the
corporation,
other
than
as
a
result
of
further
34
corporate
action
not
caused,
directly
or
indirectly,
by
such
35
-38-
LSB
5517HC
(12)
84
lh/rj
38/
129
H.F.
_____
person.
For
purposes
of
determining
whether
a
person
is
an
1
interested
shareholder,
the
outstanding
voting
stock
of
the
2
corporation
does
not
include
any
other
unissued
stock
of
the
3
corporation
which
may
be
issuable
pursuant
to
any
agreement,
4
arrangement,
or
understanding,
or
upon
exercise
of
conversion
5
rights,
warrants,
or
options,
or
otherwise.
6
For
purposes
of
determining
whether
a
person
is
an
7
interested
shareholder,
the
outstanding
voting
stock
of
the
8
corporation
does
not
include
any
other
unissued
stock
of
the
9
corporation
which
may
be
issuable
pursuant
to
any
agreement,
10
arrangement,
or
understanding,
or
upon
exercise
of
conversion
11
rights,
warrants,
or
options,
or
otherwise.
12
Sec.
90.
Section
491.102,
Code
2011,
is
amended
to
read
as
13
follows:
14
491.102
Procedure
for
merger.
15
1.
Any
two
or
more
corporations
whether
heretofore
or
16
hereafter
organized
may
merge
into
one
of
such
corporations
in
17
the
following
manner
:
provided
in
this
section.
18
2.
The
board
of
directors
of
each
corporation
shall,
by
19
resolution
adopted
by
a
majority
vote
of
the
members
of
each
20
such
board,
approve
a
plan
of
mergers
setting
forth:
21
1.
a.
The
names
of
the
corporations
proposing
to
merge,
and
22
the
name
of
the
corporation
into
which
they
propose
to
merge,
23
which
is
hereinafter
designated
as
the
surviving
corporation.
24
2.
b.
The
terms
and
conditions
of
the
proposed
merger.
25
3.
c.
The
manner
and
basis
of
converting
the
shares
of
26
each
merging
corporation
into
shares
or
other
securities
or
27
obligations
of
the
surviving
corporation.
28
4.
d.
A
statement
of
any
changes
in
the
articles
of
29
incorporation
of
the
surviving
corporation
to
be
effected
by
30
such
merger.
31
5.
e.
Such
other
provisions
with
respect
to
the
proposed
32
merger
as
are
deemed
necessary
or
desirable.
33
Sec.
91.
Section
491.103,
Code
2011,
is
amended
to
read
as
34
follows:
35
-39-
LSB
5517HC
(12)
84
lh/rj
39/
129
H.F.
_____
491.103
Procedure
for
consolidation.
1
1.
Any
two
or
more
corporations
whether
heretofore
or
2
hereafter
organized
may
consolidate
into
a
new
corporation
in
3
the
following
manner
:
provided
in
this
section.
4
2.
The
board
of
directors
of
each
corporation,
shall,
by
a
5
resolution
adopted
by
a
majority
vote
of
the
members
of
each
6
such
board,
approve
a
plan
of
consolidation
setting
forth:
7
1.
a.
The
names
of
the
corporations
proposing
to
8
consolidate,
and
the
name
of
the
new
corporation
into
which
9
they
propose
to
consolidate,
which
is
hereinafter
designated
10
as
the
new
corporation.
11
2.
b.
The
terms
and
conditions
of
the
proposed
12
consolidation.
13
3.
c.
The
manner
and
basis
of
converting
the
shares
of
each
14
corporation
into
shares,
or
other
securities,
or
obligations
15
of
the
new
corporation.
16
4.
d.
With
respect
to
the
new
corporation,
all
of
17
the
statements
required
to
be
set
forth
in
articles
of
18
incorporation
for
corporations
organized
under
this
chapter
.
19
5.
e.
Such
other
provisions
with
respect
to
the
proposed
20
consolidation
as
are
deemed
necessary
or
desirable.
21
Sec.
92.
Section
499.48,
Code
2011,
is
amended
to
read
as
22
follows:
23
499.48
Distribution
in
liquidation.
24
1.
On
dissolution
or
liquidation,
the
assets
of
the
25
association
shall
be
used
to
pay
liquidation
expenses
first,
26
next
the
association’s
obligations
other
than
patronage
27
dividends
or
patronage
dividend
certificates
which
it
has
28
issued,
and
the
remainder
shall
be
distributed
in
the
following
29
priority:
30
1.
a.
To
pay
to
each
person
the
full
amount
originally
31
paid
by
that
person
in
cash
for
stock
or
other
equity
interest
32
in
the
association.
33
2.
b.
To
pay
to
each
person
in
proportion
to
the
total
of
34
each
person’s
revolving
fund,
stock,
or
other
equity
interest
35
-40-
LSB
5517HC
(12)
84
lh/rj
40/
129
H.F.
_____
in
the
association
remaining
after
the
payment
under
subsection
1
1
paragraph
“a”
.
2
2.
In
applying
subsections
subsection
1
and
2
,
paragraphs
3
“a”
and
“b”
,
all
classes
of
stock,
all
revolving
funds,
and
4
all
other
equity
interests
in
the
association
shall
be
treated
5
equally
based
on
their
stated
values.
However,
an
association
6
may
establish
its
own
method
of
distributing
the
assets
7
remaining,
after
paying
liquidation
expenses
and
obligations
8
other
than
patronage
dividends
or
patronage
dividend
9
certificates
which
it
has
issued,
in
articles
of
incorporation
10
adopted,
amended,
or
restated
after
July
1,
1986.
11
Sec.
93.
Section
499.62,
Code
2011,
is
amended
to
read
as
12
follows:
13
499.62
Merger.
14
1.
Any
two
or
more
cooperative
associations
may
merge
into
15
one
cooperative
association
in
the
following
manner
:
provided
16
in
this
section.
17
2.
The
board
of
directors
of
each
cooperative
association
18
shall,
by
resolution
adopted
by
a
majority
vote
of
all
members
19
of
each
board,
approve
a
plan
of
merger
which
shall
set
forth:
20
1.
a.
The
names
of
the
cooperative
associations
proposing
21
to
merge
and
the
name
of
the
surviving
association.
22
2.
b.
The
terms
and
conditions
of
the
proposed
merger.
23
3.
c.
A
statement
of
any
changes
in
the
articles
of
24
incorporation
of
the
surviving
association.
25
4.
d.
Other
provisions
deemed
necessary
or
desirable.
26
Sec.
94.
Section
499.63,
Code
2011,
is
amended
to
read
as
27
follows:
28
499.63
Consolidation.
29
1.
Any
two
or
more
cooperative
associations
may
be
30
consolidated
into
a
new
cooperative
association
in
the
31
following
manner
:
provided
in
this
section.
32
2.
The
board
of
directors
of
each
cooperative
association
33
shall,
by
resolution
adopted
by
a
majority
vote
of
all
members
34
of
each
board,
approve
a
plan
of
consolidation
setting
forth:
35
-41-
LSB
5517HC
(12)
84
lh/rj
41/
129
H.F.
_____
1.
a.
The
names
of
the
cooperative
associations
proposing
1
to
consolidate
and
the
name
of
the
new
association.
2
2.
b.
The
terms
and
conditions
of
the
proposed
3
consolidation.
4
3.
c.
With
respect
to
the
new
association,
all
of
5
the
statements
required
to
be
set
forth
in
articles
of
6
incorporation
for
cooperative
associations.
7
4.
d.
Other
provisions
deemed
necessary
or
desirable.
8
Sec.
95.
Section
499.68,
unnumbered
paragraphs
1
and
2,
Code
9
2011,
are
amended
to
read
as
follows:
10
A
merger
or
consolidation
shall
become
effective
upon
the
11
date
that
the
certificate
of
merger
or
the
certificate
of
12
consolidation
is
issued
by
the
secretary
of
state,
or
the
13
effective
date
specified
in
the
articles
of
merger
or
articles
14
of
consolidation,
whichever
is
later.
When
a
merger
or
15
consolidation
has
become
effective:
16
When
a
merger
or
consolidation
has
become
effective:
17
Sec.
96.
Section
499.69,
Code
2011,
is
amended
to
read
as
18
follows:
19
499.69
Foreign
and
domestic
mergers
or
consolidations.
20
1.
One
or
more
foreign
cooperative
associations
and
one
21
or
more
domestic
cooperative
associations
may
be
merged
22
or
consolidated
in
the
following
manner,
if
such
merger
or
23
consolidation
is
permitted
by
the
laws
of
the
state
under
which
24
each
foreign
cooperative
association
is
organized:
25
1.
a.
Each
domestic
cooperative
association
shall
comply
26
with
the
provisions
of
this
division
with
respect
to
the
merger
27
or
consolidation
of
domestic
cooperative
associations,
and
28
each
foreign
cooperative
association
shall
comply
with
the
29
applicable
provisions
of
the
laws
of
the
state
under
which
it
30
is
organized.
31
2.
b.
If
the
surviving
or
new
association
is
to
be
governed
32
by
the
laws
of
any
state
other
than
this
state,
it
shall
comply
33
with
the
provisions
of
the
laws
of
this
state
with
respect
to
34
the
qualifications
of
foreign
cooperative
associations
if
it
is
35
-42-
LSB
5517HC
(12)
84
lh/rj
42/
129
H.F.
_____
to
transact
business
in
this
state,
and
in
every
case
it
shall
1
file
with
the
secretary
of
state
of
this
state:
2
a.
(1)
An
agreement
that
it
may
be
served
with
process
3
in
this
state
in
any
proceeding
for
the
enforcement
of
any
4
obligation
of
any
domestic
cooperative
association
which
is
a
5
party
to
the
merger
or
consolidation,
and
in
any
proceeding
6
for
the
enforcement
of
the
rights
of
a
dissenting
shareholder
7
of
any
such
domestic
cooperative
association,
against
the
8
surviving
or
new
association.
9
b.
(2)
An
irrevocable
appointment
of
the
secretary
of
state
10
of
this
state
as
its
agent
to
accept
service
of
process
in
any
11
proceeding.
12
c.
(3)
An
agreement
that
it
will
promptly
pay
to
the
13
dissenting
shareholders
of
any
domestic
cooperative
association
14
the
amount
to
which
they
are
entitled
under
the
provisions
of
15
this
division
with
respect
to
the
rights
of
dissenters.
16
2.
The
effect
of
such
merger
or
consolidation
shall
be
the
17
same
as
the
effect
of
the
merger
or
consolidation
of
domestic
18
cooperative
associations,
if
the
surviving
or
new
association
19
is
to
be
governed
by
the
laws
of
this
state.
If
the
surviving
20
or
new
association
is
to
be
governed
by
the
laws
of
any
other
21
state,
the
effect
of
merger
or
consolidation
shall
be
the
same
22
as
in
the
case
of
the
merger
or
consolidation
of
domestic
23
cooperative
associations,
except
as
the
laws
of
the
other
state
24
otherwise
provide.
25
Sec.
97.
Section
499A.22,
subsections
1,
2,
and
3,
Code
26
2011,
are
amended
to
read
as
follows:
27
1.
a.
The
cooperative
has
a
lien
on
a
member’s
interest
in
28
the
cooperative
for
all
operating
charges
or
other
assessments
29
payable
by
the
member
pursuant
to
the
member’s
proprietary
30
lease
from
the
time
the
operating
charge
or
other
assessment
31
becomes
due.
If
carrying
charges
and
assessments
are
payable
32
in
installments,
the
full
amount
of
the
charge
or
assessment
is
33
a
lien
from
the
first
time
the
first
installment
becomes
due.
34
Upon
nonpayment
of
a
carrying
charge
or
assessment,
the
member
35
-43-
LSB
5517HC
(12)
84
lh/rj
43/
129
H.F.
_____
may
be
evicted
from
the
member’s
apartment
unit
in
the
same
1
manner
as
provided
by
law
in
the
case
of
an
unlawful
holdover
2
by
a
tenant
and
the
lien
may
be
foreclosed
by
judicial
sale
in
3
like
manner
as
a
mortgage
on
real
estate,
or
may
be
foreclosed
4
by
the
power
of
sale
provided
in
this
section
.
5
b.
A
lien
under
this
section
is
prior
to
all
other
liens
and
6
encumbrances
on
a
member’s
cooperative
interest
except
liens
7
and
encumbrances
on
the
cooperative’s
real
property
which
the
8
cooperative
creates,
assumes,
or
takes
subject
to,
and
liens
9
for
real
estate
taxes
and
other
governmental
assessments
or
10
charges
against
the
cooperative
or
the
member’s
cooperative
11
interest.
12
2.
The
cooperative,
upon
a
member’s
nonpayment
of
carrying
13
charges
and
assessments
and
the
cooperative’s
compliance
with
14
this
section
,
may
sell
the
defaulting
member’s
cooperative
15
interest.
Sale
may
be
at
a
public
sale
or
by
private
16
negotiation,
and
at
any
time
and
place,
but
every
aspect
of
17
the
sale,
including
the
method,
advertising,
time,
place,
and
18
terms
must
be
reasonable.
The
cooperative
shall
give
to
the
19
member
and
any
sublessees
of
the
member
reasonable
written
20
notice
of
the
time
and
place
of
a
public
sale
or,
if
a
private
21
sale
is
intended,
of
the
intention
of
entering
into
a
contract
22
to
sell
and
of
the
time
after
which
a
private
disposition
may
23
be
made.
The
same
notice
shall
also
be
sent
to
any
other
24
person
who
has
a
recorded
interest
in
the
defaulting
member’s
25
cooperative
interest
which
would
be
extinguished
by
the
sale.
26
The
notices
required
by
this
paragraph
subsection
may
be
sent
27
to
any
address
reasonable
under
the
circumstances.
Sale
may
28
not
be
held
until
five
weeks
after
the
sending
of
the
notice.
29
The
cooperative
may
buy
at
a
public
sale,
and,
if
the
sale
is
30
conducted
by
a
fiduciary
or
other
person
not
related
to
the
31
cooperative,
at
a
private
sale.
32
3.
a.
The
proceeds
of
a
sale
under
the
preceding
paragraph
33
subsection
shall
be
applied
in
the
following
order:
34
a.
(1)
The
reasonable
expenses
of
sale.
35
-44-
LSB
5517HC
(12)
84
lh/rj
44/
129
H.F.
_____
b.
(2)
The
reasonable
expenses
of
securing
possession
1
before
sale,
and
the
reasonable
expenses
of
holding,
2
maintaining,
and
preparing
the
cooperative
interest
for
sale.
3
These
expenses
include,
but
are
not
limited
to,
the
payment
of
4
taxes
and
other
governmental
charges,
premiums
on
liability
5
insurance,
and
to
the
extent
provided
for
by
agreement
between
6
the
cooperative
and
the
member,
reasonable
attorney
fees
and
7
other
legal
expenses
incurred
by
the
cooperative.
8
c.
(3)
Satisfaction
of
the
cooperative’s
lien.
9
d.
(4)
Satisfaction
in
the
order
of
priority
of
any
10
subordinate
claim
of
record.
11
e.
(5)
Remittance
of
any
excess
to
the
member.
12
b.
Unless
otherwise
agreed,
the
member
is
liable
for
any
13
deficiency.
14
Sec.
98.
Section
501.618,
unnumbered
paragraphs
1
and
2,
15
Code
2011,
are
amended
to
read
as
follows:
16
A
merger
or
consolidation
shall
become
effective
upon
the
17
date
that
the
certificate
of
merger
or
the
certificate
of
18
consolidation
is
issued
by
the
secretary
of
state,
or
the
19
effective
date
specified
in
the
articles
of
merger
or
articles
20
of
consolidation,
whichever
is
later.
When
a
merger
or
21
consolidation
has
become
effective:
22
When
a
merger
or
consolidation
has
become
effective:
23
Sec.
99.
Section
501A.715,
subsection
2,
paragraph
a,
24
subparagraph
(2),
subparagraph
division
(b),
Code
2011,
is
25
amended
to
read
as
follows:
26
(b)
In
the
case
of
an
act
or
omission
occurring
in
the
27
official
capacity
described
in
subsection
1
,
paragraph
28
“a”
,
subparagraph
(3),
the
person
reasonably
believed
that
29
the
conduct
was
not
opposed
to
the
best
interests
of
the
30
cooperative.
If
the
person’s
acts
or
omissions
complained
of
31
in
the
proceeding
relate
to
conduct
as
a
director,
officer,
32
trustee,
employee,
or
agent
of
an
employee
benefit
plan,
the
33
conduct
is
not
considered
to
be
opposed
to
the
best
interests
34
of
the
cooperative
if
the
person
reasonably
believed
that
35
-45-
LSB
5517HC
(12)
84
lh/rj
45/
129
H.F.
_____
the
conduct
was
in
the
best
interests
of
the
participants
or
1
beneficiaries
of
the
employee
benefit
plan.
2
If
the
person’s
acts
or
omissions
complained
of
in
the
3
proceeding
relate
to
conduct
as
a
director,
officer,
trustee,
4
employee,
or
agent
of
an
employee
benefit
plan,
the
conduct
5
is
not
considered
to
be
opposed
to
the
best
interests
of
the
6
cooperative
if
the
person
reasonably
believed
that
the
conduct
7
was
in
the
best
interests
of
the
participants
or
beneficiaries
8
of
the
employee
benefit
plan.
9
Sec.
100.
Section
502A.3,
Code
2011,
is
amended
to
read
as
10
follows:
11
502A.3
Exempt
person
transactions.
12
1.
The
prohibitions
in
section
502A.2
do
not
apply
to
a
13
transaction
in
which
any
of
the
following
persons,
or
any
14
employee,
officer,
or
director
of
a
listed
person
acting
solely
15
in
that
capacity,
is
the
purchaser
or
seller:
16
1.
a.
A
person
registered
with
the
commodity
futures
17
trading
commission
as
a
futures
commission
merchant
or
as
a
18
leverage
transaction
merchant
whose
activities
require
such
19
registration.
20
2.
b.
A
person
registered
with
the
securities
and
exchange
21
commission
as
a
broker-dealer
whose
activities
require
such
22
registration.
23
3.
c.
A
person
affiliated
with,
and
whose
obligations
and
24
liabilities
under
the
transaction
are
guaranteed
by,
a
person
25
referred
to
in
subsection
1
or
2
paragraph
“a”
or
“b”
.
26
4.
d.
A
person
who
is
a
member
of
a
contract
market
27
designated
by
the
commodity
futures
trading
commission,
or
any
28
CFTC
clearinghouse.
29
5.
e.
A
financial
institution.
30
6.
f.
A
person
registered
under
the
laws
of
this
state
31
as
a
securities
broker-dealer
whose
activities
require
such
32
registration.
33
2.
This
exemption
provided
by
this
section
does
not
apply
34
to
any
transaction
or
activity
which
is
prohibited
by
the
35
-46-
LSB
5517HC
(12)
84
lh/rj
46/
129
H.F.
_____
Commodity
Exchange
Act
or
CFTC
rule.
1
Sec.
101.
Section
507B.4,
Code
2011,
is
amended
to
read
as
2
follows:
3
507B.4
Unfair
methods
of
competition
and
unfair
or
deceptive
4
acts
or
practices
defined.
5
1.
For
purposes
of
subsection
3,
paragraph
“p”
,
“insurer”
6
means
an
entity
providing
a
plan
of
health
insurance,
health
7
care
benefits,
or
health
care
services,
or
an
entity
subject
8
to
the
jurisdiction
of
the
commissioner
performing
utilization
9
review,
including
an
insurance
company
offering
sickness
and
10
accident
plans,
a
health
maintenance
organization,
an
organized
11
delivery
system
authorized
under
1993
Iowa
Acts,
ch.
158,
and
12
licensed
by
the
department
of
public
health,
a
nonprofit
health
13
service
corporation,
a
plan
established
pursuant
to
chapter
14
509A
for
public
employees,
or
any
other
entity
providing
a
15
plan
of
health
insurance,
health
care
benefits,
or
health
care
16
services.
However,
“insurer”
does
not
include
an
entity
that
17
sells
disability
income
or
long-term
care
insurance.
18
2.
For
purposes
of
subsection
3,
paragraphs
“k”
,
“l”
,
and
19
“m”
,
“personal
lines
property
and
casualty
insurance”
means
20
insurance
sold
to
individuals
and
families
primarily
for
21
noncommercial
purposes
as
provided
in
chapter
522B.
22
3.
The
following
are
hereby
defined
as
unfair
methods
of
23
competition
and
unfair
or
deceptive
acts
or
practices
in
the
24
business
of
insurance:
25
1.
a.
Misrepresentations
and
false
advertising
of
insurance
26
policies.
Making,
issuing,
circulating,
or
causing
to
be
made,
27
issued
or
circulated,
any
estimate,
illustration,
circular,
28
statement,
sales
presentation,
omission,
or
comparison
which
29
does
any
of
the
following:
30
a.
(1)
Misrepresents
the
benefits,
advantages,
conditions,
31
or
terms
of
any
insurance
policy.
32
b.
(2)
Misrepresents
the
dividends
or
share
of
the
surplus
33
to
be
received
on
any
insurance
policy.
34
c.
(3)
Makes
any
false
or
misleading
statements
as
to
the
35
-47-
LSB
5517HC
(12)
84
lh/rj
47/
129
H.F.
_____
dividends
or
share
of
surplus
previously
paid
on
any
insurance
1
policy.
2
d.
(4)
Is
misleading
or
is
a
misrepresentation
as
to
the
3
financial
condition
of
any
person,
or
as
to
the
legal
reserve
4
system
upon
which
any
life
insurer
operates.
5
e.
(5)
Uses
any
name
or
title
of
any
insurance
policy
or
6
class
of
insurance
policies
misrepresenting
the
true
nature
7
thereof.
8
f.
(6)
Is
a
misrepresentation
for
the
purpose
of
inducing
9
or
tending
to
induce
the
lapse,
forfeiture,
exchange,
10
conversion,
or
surrender
of
any
insurance
policy.
11
g.
(7)
Is
a
misrepresentation
for
the
purpose
of
effecting
12
a
pledge
or
assignment
of
or
effecting
a
loan
against
any
13
insurance
policy.
14
h.
(8)
Misrepresents
any
insurance
policy
as
being
shares
15
of
stock.
16
i.
(9)
Misrepresents
any
insurance
policy
to
consumers
17
by
using
the
terms
“burial
insurance”,
“funeral
insurance”,
18
“burial
plan”,
or
“funeral
plan”
in
its
names
or
titles,
unless
19
the
policy
is
made
with
a
funeral
provider
as
beneficiary
who
20
specifies
and
fixes
a
price
under
contract
with
an
insurance
21
company.
This
paragraph
subparagraph
does
not
prevent
insurers
22
from
stating
or
advertising
that
insurance
benefits
may
provide
23
cash
for
funeral
or
burial
expenses.
24
j.
(10)
Is
a
misrepresentation,
including
any
intentional
25
misquote
of
premium
rate,
for
the
purpose
of
inducing
or
26
tending
to
induce
the
purchase
of
an
insurance
policy.
27
2.
b.
False
information
and
advertising.
28
a.
(1)
Generally.
Making,
publishing,
disseminating,
29
circulating,
or
placing
before
the
public,
or
causing,
directly
30
or
indirectly,
to
be
made,
published,
disseminated,
circulated,
31
or
placed
before
the
public
in
a
newspaper,
magazine,
or
other
32
publication,
or
in
the
form
of
a
notice,
circular,
pamphlet,
33
letter,
or
poster,
or
over
any
radio
or
television
station,
or
34
in
any
other
way,
an
advertisement,
announcement,
or
statement
35
-48-
LSB
5517HC
(12)
84
lh/rj
48/
129
H.F.
_____
containing
any
assertion,
representation,
or
statement
with
1
respect
to
the
business
of
insurance
or
with
respect
to
any
2
person
in
the
conduct
of
the
person’s
insurance
business,
which
3
is
untrue,
deceptive,
or
misleading.
4
b.
(2)
False
statement
of
assets.
In
the
case
of
a
company
5
transacting
the
business
of
fire
insurance
within
the
state,
6
stating
or
representing
by
advertisement
in
any
newspaper,
7
magazine,
or
periodical,
or
by
any
sign,
circular,
card,
policy
8
of
insurance,
or
renewal
certificate
thereof
or
otherwise,
that
9
any
funds
or
assets
are
in
its
possession
and
held
available
10
for
the
protection
of
holders
of
its
policies
unless
so
held,
11
except
the
policy
of
insurance
or
certificate
of
renewal
12
thereof
may
state,
as
a
single
item,
the
amount
of
capital
13
set
forth
in
the
charter,
or
articles
of
incorporation,
or
14
association,
or
deed
of
settlement
under
which
it
is
authorized
15
to
transact
business.
16
c.
(3)
Statement
of
capital
and
surplus.
In
the
case
of
a
17
foreign
company
transacting
the
business
of
casualty
insurance
18
in
the
state,
or
an
officer,
producer,
or
representative
of
19
such
a
company,
issuing
or
publishing
an
advertisement,
public
20
announcement,
sign,
circular,
or
card
that
purports
to
disclose
21
the
company’s
financial
standing
and
fails
to
exhibit:
the
22
capital
actually
paid
in
cash,
and
the
amount
of
net
surplus
23
of
assets
over
all
the
company’s
liabilities
actually
held
24
and
available
for
the
payment
of
losses
by
fire
and
for
the
25
protection
of
holders
of
fire
policies;
and
the
amount
of
net
26
surplus
of
assets
over
all
liabilities
in
the
United
States
27
actually
available
for
the
payment
of
losses
by
fire
and
held
28
in
the
United
States
for
the
protection
of
holders
of
fire
29
policies
in
the
United
States,
including
in
such
liabilities
30
the
fund
reserved
for
reinsurance
of
outstanding
risks.
The
31
amounts
stated
for
capital
and
net
surplus
shall
correspond
32
with
the
latest
verified
statement
made
by
the
company
or
33
association
to
the
commissioner
of
insurance.
34
3.
c.
Defamation.
Making,
publishing,
disseminating,
35
-49-
LSB
5517HC
(12)
84
lh/rj
49/
129
H.F.
_____
or
circulating,
directly
or
indirectly,
or
aiding,
abetting
1
or
encouraging
the
making,
publishing,
disseminating,
or
2
circulating
of
any
oral
or
written
statement
or
any
pamphlet,
3
circular,
article
or
literature
which
is
false,
or
maliciously
4
critical
of
or
derogatory
to
the
financial
condition
of
any
5
person,
and
which
is
calculated
to
injure
such
person.
6
4.
d.
Boycott,
coercion
and
intimidation.
Entering
into
7
any
agreement
to
commit,
or
by
any
concerted
action
committing,
8
any
act
of
boycott,
coercion
or
intimidation
resulting
in
or
9
tending
to
result
in
unreasonable
restraint
of,
or
monopoly
in,
10
the
business
of
insurance.
11
5.
e.
False
statements
and
entries.
12
a.
(1)
Knowingly
filing
with
any
supervisory
or
13
other
public
official,
or
knowingly
making,
publishing,
14
disseminating,
circulating
or
delivering
to
any
person,
or
15
placing
before
the
public,
or
knowingly
causing
directly
or
16
indirectly,
to
be
made,
published,
disseminated,
circulated,
17
delivered
to
any
person,
or
placed
before
the
public,
any
false
18
material
statement
of
fact
as
to
the
financial
condition
of
a
19
person.
20
b.
(2)
Knowingly
making
any
false
entry
of
a
material
fact
21
in
any
book,
report
or
statement
of
any
person
or
knowingly
22
omitting
to
make
a
true
entry
of
any
material
fact
pertaining
23
to
the
business
of
such
person
in
any
book,
report
or
statement
24
of
such
person.
25
6.
f.
Stock
operations
and
advisory
board
contracts.
26
Issuing
or
delivering
or
permitting
agents,
officers
or
27
employees
to
issue
or
deliver,
agency
company
stock
or
other
28
capital
stock,
or
benefit
certificates
or
shares
in
any
common
29
law
corporation,
or
securities
or
any
special
or
advisory
board
30
contracts
or
other
contracts
of
any
kind
promising
returns
and
31
profits
as
an
inducement
to
insurance.
32
7.
g.
Unfair
discrimination.
33
a.
(1)
Making
or
permitting
any
unfair
discrimination
34
between
individuals
of
the
same
class
and
equal
expectation
of
35
-50-
LSB
5517HC
(12)
84
lh/rj
50/
129
H.F.
_____
life
in
the
rates
charged
for
any