House
Study
Bill
625
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
JUDICIARY
BILL
BY
CHAIRPERSON
ANDERSON)
A
BILL
FOR
An
Act
relating
to
statutory
corrections
which
may
adjust
1
language
to
reflect
current
practices,
insert
earlier
2
omissions,
delete
redundancies
and
inaccuracies,
delete
3
temporary
language,
resolve
inconsistencies
and
conflicts,
4
update
ongoing
provisions,
or
remove
ambiguities,
and
5
including
effective
date
and
retroactive
applicability
6
provisions.
7
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
8
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_____
DIVISION
I
1
STATUTORY
CORRECTIONS
2
Section
1.
Section
8.55,
subsection
2,
Code
Supplement
3
2011,
is
amended
to
read
as
follows:
4
2.
a.
The
maximum
balance
of
the
fund
is
the
amount
equal
5
to
two
and
one-half
percent
of
the
adjusted
revenue
estimate
6
for
the
fiscal
year.
If
the
amount
of
moneys
in
the
Iowa
7
economic
emergency
fund
is
equal
to
the
maximum
balance,
moneys
8
in
excess
of
this
amount
shall
be
distributed
as
follows:
9
(1)
a.
The
first
sixty
million
dollars
of
the
difference
10
between
the
actual
net
revenue
for
the
general
fund
of
the
11
state
for
the
fiscal
year
and
the
adjusted
revenue
estimate
for
12
the
fiscal
year
shall
be
transferred
to
the
taxpayers
trust
13
fund.
14
(2)
b.
The
remainder
of
the
excess,
if
any,
shall
be
15
transferred
to
the
general
fund
of
the
state.
16
b.
Notwithstanding
paragraph
“a”
,
any
moneys
in
excess
of
17
the
maximum
balance
in
the
economic
emergency
fund
after
the
18
distribution
of
the
surplus
in
the
general
fund
of
the
state
at
19
the
conclusion
of
each
fiscal
year
shall
not
be
distributed
as
20
provided
in
paragraph
“a”
but
shall
be
transferred
to
the
senior
21
living
trust
fund.
The
total
amount
appropriated,
reverted,
22
or
transferred,
in
the
aggregate,
under
this
paragraph,
23
section
8.57,
subsection
2
,
and
any
other
law
providing
for
24
an
appropriation
or
reversion
or
transfer
of
an
appropriation
25
to
the
credit
of
the
senior
living
trust
fund,
for
all
fiscal
26
years
beginning
on
or
after
July
1,
2004,
shall
not
exceed
the
27
amount
specified
in
section
8.57,
subsection
2
,
paragraph
“c”
.
28
Sec.
2.
Section
8.57,
Code
Supplement
2011,
is
amended
to
29
read
as
follows:
30
8.57
Annual
appropriations
——
reduction
of
GAAP
deficit
——
31
rebuild
Iowa
infrastructure
fund.
32
1.
a.
The
“cash
reserve
goal
percentage”
for
fiscal
years
33
beginning
on
or
after
July
1,
2004,
is
seven
and
one-half
34
percent
of
the
adjusted
revenue
estimate.
For
each
fiscal
35
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year
in
which
the
appropriation
of
the
surplus
existing
in
the
1
general
fund
of
the
state
at
the
conclusion
of
the
prior
fiscal
2
year
pursuant
to
paragraph
“b”
was
not
sufficient
for
the
cash
3
reserve
fund
to
reach
the
cash
reserve
goal
percentage
for
the
4
current
fiscal
year,
there
is
appropriated
from
the
general
5
fund
of
the
state
an
amount
to
be
determined
as
follows:
6
(1)
If
the
balance
of
the
cash
reserve
fund
in
the
current
7
fiscal
year
is
not
more
than
six
and
one-half
percent
of
the
8
adjusted
revenue
estimate
for
the
current
fiscal
year,
the
9
amount
of
the
appropriation
under
this
lettered
paragraph
is
10
one
percent
of
the
adjusted
revenue
estimate
for
the
current
11
fiscal
year.
12
(2)
If
the
balance
of
the
cash
reserve
fund
in
the
current
13
fiscal
year
is
more
than
six
and
one-half
percent
but
less
than
14
seven
and
one-half
percent
of
the
adjusted
revenue
estimate
for
15
that
fiscal
year,
the
amount
of
the
appropriation
under
this
16
lettered
paragraph
is
the
amount
necessary
for
the
cash
reserve
17
fund
to
reach
seven
and
one-half
percent
of
the
adjusted
18
revenue
estimate
for
the
current
fiscal
year.
19
(3)
The
moneys
appropriated
under
this
lettered
paragraph
20
shall
be
credited
in
equal
and
proportionate
amounts
in
each
21
quarter
of
the
current
fiscal
year.
22
b.
The
surplus
existing
in
the
general
fund
of
the
state
23
at
the
conclusion
of
the
fiscal
year
is
appropriated
for
24
distribution
in
the
succeeding
fiscal
year
as
provided
in
25
subsections
3
2
and
4
3
.
Moneys
credited
to
the
cash
reserve
26
fund
from
the
appropriation
made
in
this
paragraph
shall
not
27
exceed
the
amount
necessary
for
the
cash
reserve
fund
to
reach
28
the
cash
reserve
goal
percentage
for
the
succeeding
fiscal
29
year.
As
used
in
this
paragraph,
“surplus”
means
the
excess
30
of
revenues
and
other
financing
sources
over
expenditures
and
31
other
financing
uses
for
the
general
fund
of
the
state
in
a
32
fiscal
year.
33
c.
The
amount
appropriated
in
this
section
is
not
subject
34
to
the
provisions
of
section
8.31
,
relating
to
requisitions
35
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and
allotment,
or
to
section
8.32
,
relating
to
conditional
1
availability
of
appropriations.
2
2.
a.
There
is
appropriated
from
the
surplus
existing
3
in
the
general
fund
of
the
state
at
the
conclusion
of
the
4
fiscal
year
beginning
July
1,
2005,
and
ending
June
30,
2006,
5
and
at
the
conclusion
of
each
succeeding
fiscal
year
for
6
distribution
to
the
senior
living
trust
fund,
an
amount
equal
7
to
one
percent
of
the
adjusted
revenue
estimate
for
the
current
8
fiscal
year.
However,
if
the
amount
of
the
surplus
existing
9
in
the
general
fund
of
the
state
at
the
conclusion
of
a
fiscal
10
year
is
less
than
two
percent
of
the
adjusted
revenue
estimate
11
for
that
fiscal
year,
the
amount
of
the
appropriation
made
in
12
this
paragraph
shall
be
equal
to
fifty
percent
of
the
surplus
13
amount.
The
appropriation
made
in
this
paragraph
shall
be
14
distributed
to
the
senior
living
trust
fund
in
the
succeeding
15
fiscal
year.
For
the
purposes
of
this
subsection
,
“surplus”
16
means
the
same
as
defined
in
subsection
1
,
paragraph
“b”
.
17
b.
The
appropriation
made
in
paragraph
“a”
shall
be
made
18
before
the
appropriations
are
made
pursuant
to
subsections
1,
19
3,
and
4
,
of
the
surplus
existing
in
the
general
fund
of
the
20
state
at
the
conclusion
of
the
fiscal
year
beginning
July
1,
21
2005,
and
ending
June
30,
2006,
and
each
succeeding
fiscal
22
year.
23
c.
The
appropriation
made
in
paragraph
“a”
shall
continue
24
until
the
aggregate
amount
of
the
appropriations
made,
25
reverted,
or
transferred
to
the
senior
living
trust
fund
for
26
all
fiscal
years
beginning
on
or
after
July
1,
2004,
pursuant
27
to
paragraph
“a”
of
this
subsection
,
section
8.55,
subsection
2
,
28
paragraph
“b”
,
and
any
other
law
providing
for
an
appropriation
29
or
reversion
or
transfer
of
an
appropriation
to
the
senior
30
living
trust
fund
is
equal
to
three
hundred
million
dollars.
31
d.
This
subsection
and
section
8.55,
subsection
2
,
paragraph
32
“b”
,
are
repealed
when
the
aggregate
amount
specified
in
33
paragraph
“c”
has
been
distributed,
appropriated,
reverted,
or
34
transferred
to
the
senior
living
trust
fund.
The
director
of
35
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_____
the
department
of
management
shall
notify
the
Iowa
Code
editor
1
when
the
aggregate
amount
has
been
distributed,
appropriated,
2
reverted,
or
transferred.
3
3.
2.
Moneys
appropriated
under
subsection
1
shall
be
first
4
credited
to
the
cash
reserve
fund.
To
the
extent
that
moneys
5
appropriated
under
subsection
1
would
make
the
moneys
in
the
6
cash
reserve
fund
exceed
the
cash
reserve
goal
percentage
of
7
the
adjusted
revenue
estimate
for
the
fiscal
year,
the
moneys
8
are
appropriated
to
the
department
of
management
to
be
spent
9
for
the
purpose
of
eliminating
Iowa’s
GAAP
deficit,
including
10
the
payment
of
items
budgeted
in
a
subsequent
fiscal
year
11
which
under
generally
accepted
accounting
principles
should
be
12
budgeted
in
the
current
fiscal
year.
These
moneys
shall
be
13
deposited
into
a
GAAP
deficit
reduction
account
established
14
within
the
department
of
management.
The
department
of
15
management
shall
annually
file
with
both
houses
of
the
general
16
assembly
at
the
time
of
the
submission
of
the
governor’s
17
budget,
a
schedule
of
the
items
for
which
moneys
appropriated
18
under
this
subsection
for
the
purpose
of
eliminating
Iowa’s
19
GAAP
deficit,
including
the
payment
of
items
budgeted
in
20
a
subsequent
fiscal
year
which
under
generally
accepted
21
accounting
principles
should
be
budgeted
in
the
current
22
fiscal
year,
shall
be
spent.
The
schedule
shall
indicate
the
23
fiscal
year
in
which
the
spending
for
an
item
is
to
take
place
24
and
shall
incorporate
the
items
detailed
in
1994
Iowa
Acts,
25
chapter
1181
,
section
17.
The
schedule
shall
list
each
item
26
of
expenditure
and
the
estimated
dollar
amount
of
moneys
to
27
be
spent
on
that
item
for
the
fiscal
year.
The
department
of
28
management
may
submit
during
a
regular
legislative
session
an
29
amended
schedule
for
legislative
consideration.
If
moneys
30
appropriated
under
this
subsection
are
not
enough
to
pay
for
31
all
listed
expenditures,
the
department
of
management
shall
32
distribute
the
payments
among
the
listed
expenditure
items.
33
Moneys
appropriated
to
the
department
of
management
under
34
this
subsection
shall
not
be
spent
on
items
other
than
those
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included
in
the
filed
schedule.
On
September
1
following
the
1
close
of
a
fiscal
year,
moneys
in
the
GAAP
deficit
reduction
2
account
which
remain
unexpended
for
items
on
the
filed
schedule
3
for
the
previous
fiscal
year
shall
be
credited
to
the
Iowa
4
economic
emergency
fund.
5
4.
3.
To
the
extent
that
moneys
appropriated
under
6
subsection
1
exceed
the
amounts
necessary
for
the
cash
reserve
7
fund
to
reach
its
maximum
balance
and
the
amounts
necessary
to
8
eliminate
Iowa’s
GAAP
deficit,
including
elimination
of
the
9
making
of
any
appropriation
in
an
incorrect
fiscal
year,
the
10
moneys
shall
be
appropriated
to
the
Iowa
economic
emergency
11
fund.
12
5.
4.
As
used
in
this
section
,
“GAAP”
means
generally
13
accepted
accounting
principles
as
established
by
the
14
governmental
accounting
standards
board.
15
6.
5.
a.
A
rebuild
Iowa
infrastructure
fund
is
created
16
under
the
authority
of
the
department
of
management.
The
fund
17
shall
consist
of
appropriations
made
to
the
fund
and
transfers
18
of
interest,
earnings,
and
moneys
from
other
funds
as
provided
19
by
law.
The
rebuild
Iowa
infrastructure
fund
shall
be
separate
20
from
the
general
fund
of
the
state
and
the
balance
in
the
21
rebuild
Iowa
infrastructure
fund
shall
not
be
considered
part
22
of
the
balance
of
the
general
fund
of
the
state.
However,
the
23
rebuild
Iowa
infrastructure
fund
shall
be
considered
a
special
24
account
for
the
purposes
of
section
8.53
,
relating
to
generally
25
accepted
accounting
principles.
26
b.
Moneys
in
the
rebuild
Iowa
infrastructure
fund
are
27
not
subject
to
section
8.33
.
Notwithstanding
section
28
12C.7,
subsection
2
,
interest
or
earnings
on
moneys
in
the
29
rebuild
Iowa
infrastructure
fund
shall
be
credited
to
the
30
infrastructure
fund.
Moneys
in
the
rebuild
Iowa
infrastructure
31
fund
may
be
used
for
cash
flow
purposes
during
a
fiscal
year
32
provided
that
any
moneys
so
allocated
are
returned
to
the
33
infrastructure
fund
by
the
end
of
that
fiscal
year.
34
c.
Moneys
in
the
rebuild
Iowa
infrastructure
fund
in
a
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fiscal
year
shall
be
used
as
directed
by
the
general
assembly
1
for
public
vertical
infrastructure
projects.
For
the
purposes
2
of
this
subsection
,
“vertical
infrastructure”
includes
only
land
3
acquisition
and
construction;
major
renovation
and
major
repair
4
of
buildings;
all
appurtenant
structures;
utilities;
site
5
development;
recreational
trails;
and
debt
service
payments
6
on
academic
revenue
bonds
issued
in
accordance
with
chapter
7
262A
for
capital
projects
at
board
of
regents
institutions.
8
“Vertical
infrastructure”
does
not
include
routine,
recurring
9
maintenance
or
operational
expenses
or
leasing
of
a
building,
10
appurtenant
structure,
or
utility
without
a
lease-purchase
11
agreement.
12
d.
The
general
assembly
may
provide
that
all
or
part
of
the
13
moneys
deposited
in
the
GAAP
deficit
reduction
account
created
14
in
this
section
shall
be
transferred
to
the
infrastructure
fund
15
in
lieu
of
appropriation
of
the
moneys
to
the
Iowa
economic
16
emergency
fund.
17
e.
(1)
(a)
(i)
Notwithstanding
provisions
to
the
contrary
18
in
sections
99D.17
and
99F.11
,
for
the
fiscal
year
beginning
19
July
1,
2000,
and
for
each
fiscal
year
thereafter,
not
more
20
than
a
total
of
sixty-six
million
dollars
shall
be
deposited
21
in
the
general
fund
of
the
state
in
any
fiscal
year
pursuant
to
22
sections
99D.17
and
99F.11
.
23
(ii)
However,
in
lieu
of
the
deposit
in
subparagraph
24
subdivision
(i),
for
the
fiscal
year
beginning
July
1,
2010,
25
and
for
each
fiscal
year
thereafter
until
the
principal
and
26
interest
on
all
bonds
issued
by
the
treasurer
of
state
pursuant
27
to
section
12.87
are
paid,
as
determined
by
the
treasurer
of
28
state,
the
first
fifty-five
million
dollars
of
the
moneys
29
directed
to
be
deposited
in
the
general
fund
of
the
state
30
under
subparagraph
subdivision
(i)
shall
be
deposited
in
the
31
revenue
bonds
debt
service
fund
created
in
section
12.89
,
and
32
the
next
three
million
seven
hundred
fifty
thousand
dollars
of
33
the
moneys
directed
to
be
deposited
in
the
general
fund
of
the
34
state
under
subparagraph
subdivision
(i)
shall
be
deposited
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in
the
revenue
bonds
federal
subsidy
holdback
fund
created
in
1
section
12.89A
,
and
the
next
one
million
two
hundred
fifty
2
thousand
dollars
of
the
moneys
directed
to
be
deposited
in
the
3
general
fund
of
the
state
under
subparagraph
subdivision
(i)
4
shall
be
deposited
in
the
general
fund
of
the
state.
5
(b)
The
next
fifteen
million
dollars
of
the
moneys
directed
6
to
be
deposited
in
the
general
fund
of
the
state
in
a
fiscal
7
year
pursuant
to
sections
99D.17
and
99F.11
shall
be
deposited
8
in
the
vision
Iowa
fund
created
in
section
12.72
for
the
fiscal
9
year
beginning
July
1,
2000,
and
for
each
fiscal
year
through
10
the
fiscal
year
beginning
July
1,
2019.
11
(c)
The
next
five
million
dollars
of
the
moneys
directed
to
12
be
deposited
in
the
general
fund
of
the
state
in
a
fiscal
year
13
pursuant
to
sections
99D.17
and
99F.11
shall
be
deposited
in
14
the
school
infrastructure
fund
created
in
section
12.82
for
the
15
fiscal
year
beginning
July
1,
2000,
and
for
each
fiscal
year
16
thereafter
until
the
principal
and
interest
on
all
bonds
issued
17
by
the
treasurer
of
state
pursuant
to
section
12.81
are
paid,
18
as
determined
by
the
treasurer
of
state.
19
(d)
(i)
The
total
moneys
in
excess
of
the
moneys
deposited
20
in
the
revenue
bonds
debt
service
fund,
the
revenue
bonds
21
federal
subsidy
holdback
fund,
the
vision
Iowa
fund,
the
22
school
infrastructure
fund,
and
the
general
fund
of
the
23
state
in
a
fiscal
year
shall
be
deposited
in
the
rebuild
Iowa
24
infrastructure
fund
and
shall
be
used
as
provided
in
this
25
section
,
notwithstanding
section
8.60
.
26
(ii)
However,
in
lieu
of
the
deposit
in
subparagraph
27
subdivision
(i),
for
the
fiscal
year
beginning
July
1,
2010,
28
and
for
each
fiscal
year
thereafter
until
the
principal
and
29
interest
on
all
bonds
issued
by
the
treasurer
of
state
pursuant
30
to
section
12.87
are
paid,
as
determined
by
the
treasurer
of
31
state,
sixty-four
million
seven
hundred
fifty
thousand
dollars
32
of
the
excess
moneys
directed
to
be
deposited
in
the
rebuild
33
Iowa
infrastructure
fund
under
subparagraph
subdivision
(i)
34
shall
be
deposited
in
the
general
fund
of
the
state.
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(2)
If
the
total
amount
of
moneys
directed
to
be
deposited
1
in
the
general
fund
of
the
state
under
sections
99D.17
and
2
99F.11
in
a
fiscal
year
is
less
than
the
total
amount
of
moneys
3
directed
to
be
deposited
in
the
revenue
bonds
debt
service
4
fund
and
the
revenue
bonds
federal
subsidy
holdback
fund
in
5
the
fiscal
year
pursuant
to
this
paragraph
“e”
,
the
difference
6
shall
be
paid
from
moneys
deposited
in
the
beer
and
liquor
7
control
fund
created
in
section
123.53
in
the
manner
provided
8
in
section
123.53,
subsection
3
.
9
(3)
After
the
deposit
of
moneys
directed
to
be
deposited
in
10
the
general
fund
of
the
state,
the
revenue
bonds
debt
service
11
fund,
and
the
revenue
bonds
federal
subsidy
holdback
fund,
as
12
provided
in
subparagraph
(1),
subparagraph
division
(a),
if
the
13
total
amount
of
moneys
directed
to
be
deposited
in
the
general
14
fund
of
the
state
under
sections
99D.17
and
99F.11
in
a
fiscal
15
year
is
less
than
the
total
amount
of
moneys
directed
to
be
16
deposited
in
the
vision
Iowa
fund
and
the
school
infrastructure
17
fund
in
the
fiscal
year
pursuant
to
this
paragraph
“e”
,
the
18
difference
shall
be
paid
from
lottery
revenues
in
the
manner
19
provided
in
section
99G.39,
subsection
3
.
20
f.
There
is
appropriated
from
the
rebuild
Iowa
21
infrastructure
fund
to
the
secure
an
advanced
vision
for
22
education
fund
created
in
section
423F.2
,
for
each
fiscal
year
23
of
the
fiscal
period
beginning
July
1,
2008,
and
ending
June
24
30,
2010,
the
amount
of
the
moneys
in
excess
of
the
first
25
forty-seven
million
dollars
credited
to
the
rebuild
Iowa
26
infrastructure
fund
during
the
fiscal
year,
not
to
exceed
ten
27
million
dollars.
28
g.
Notwithstanding
any
other
provision
to
the
contrary,
29
and
prior
to
the
appropriation
of
moneys
from
the
rebuild
Iowa
30
infrastructure
fund
pursuant
to
paragraph
“c”
,
and
section
31
8.57A,
subsection
4
,
moneys
shall
first
be
appropriated
32
from
the
rebuild
Iowa
infrastructure
fund
to
the
vertical
33
infrastructure
fund
as
provided
in
section
8.57B,
subsection
4
.
34
h.
Annually,
on
or
before
January
15
of
each
year,
a
state
35
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agency
that
received
an
appropriation
from
the
rebuild
Iowa
1
infrastructure
fund
shall
report
to
the
legislative
services
2
agency
and
the
department
of
management
the
status
of
all
3
projects
completed
or
in
progress.
The
report
shall
include
4
a
description
of
the
project,
the
progress
of
work
completed,
5
the
total
estimated
cost
of
the
project,
a
list
of
all
revenue
6
sources
being
used
to
fund
the
project,
the
amount
of
funds
7
expended,
the
amount
of
funds
obligated,
and
the
date
the
8
project
was
completed
or
an
estimated
completion
date
of
the
9
project,
where
applicable.
10
i.
Annually,
on
or
before
December
31
of
each
year,
a
11
recipient
of
moneys
from
the
rebuild
Iowa
infrastructure
fund
12
for
any
purpose
shall
report
to
the
state
agency
to
which
the
13
moneys
are
appropriated
the
status
of
all
projects
completed
14
or
in
progress.
The
report
shall
include
a
description
of
the
15
project,
the
progress
of
work
completed,
the
total
estimated
16
cost
of
the
project,
a
list
of
all
revenue
sources
being
used
17
to
fund
the
project,
the
amount
of
funds
expended,
the
amount
18
of
funds
obligated,
and
the
date
the
project
was
completed
or
19
an
estimated
completion
date
of
the
project,
where
applicable.
20
Sec.
3.
Section
8A.317,
subsection
1,
Code
Supplement
2011,
21
is
amended
to
read
as
follows:
22
1.
As
used
in
this
section
,
unless
the
context
otherwise
23
requires:
24
a.
“Biobased
material”
means
the
same
as
defined
in
section
25
469.31
a
material
in
which
carbon
is
derived
in
whole
or
in
26
part
from
a
renewable
resource
.
27
b.
“Biobased
product”
means
a
product
generated
by
blending
28
or
assembling
of
one
or
more
biobased
materials,
either
29
exclusively
or
in
combination
with
nonbiobased
materials,
30
in
which
the
biobased
material
is
present
as
a
quantifiable
31
portion
of
the
total
mass
of
the
product.
32
b.
c.
“Designated
biobased
product”
means
a
biobased
33
product
as
defined
in
section
469.31
,
and
includes
a
product
34
determined
by
the
United
States
department
of
agriculture
to
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be
a
commercial
or
industrial
product,
other
than
food
or
1
feed,
that
is
composed,
in
whole
or
in
significant
part,
of
2
biological
products,
including
renewable
domestic
agricultural
3
materials
including
plant,
animal,
and
marine
materials,
or
4
forestry
materials
as
provided
in
7
U.S.C.
§
8102.
5
Sec.
4.
Section
11.2,
subsection
3,
paragraph
d,
Code
6
Supplement
2011,
is
amended
to
read
as
follows:
7
d.
The
review
of
the
most
recent
annual
report
to
8
shareholders
of
an
open-end
management
investment
company
9
or
an
unincorporated
investment
company
or
investment
trust
10
registered
with
the
federal
securities
and
exchange
commission
11
under
the
federal
Investment
Company
Act
of
1940,
15
U.S.C.
12
§
80a,
pursuant
to
17
C.F.R.
§
270.30d-1
or
the
review,
by
13
the
person
performing
the
audit,
of
the
most
recent
annual
14
report
to
shareholders,
call
reports,
or
the
findings
pursuant
15
to
a
regular
examination
under
state
or
federal
law,
to
the
16
extent
the
findings
are
not
confidential,
of
a
bank,
savings
17
and
loan
association,
or
credit
union
shall
satisfy
the
review
18
requirements
of
this
paragraph
subsection
.
19
Sec.
5.
Section
11.5A,
Code
Supplement
2011,
is
amended
to
20
read
as
follows:
21
11.5A
Audit
or
examination
——
costs.
22
When
requested
by
the
auditor
of
state,
the
department
23
of
management
shall
transfer
from
any
unappropriated
funds
24
in
the
state
treasury
an
amount
not
exceeding
the
expenses
25
and
prorated
salary
costs
already
paid
to
perform
audits
or
26
examinations
of
state
departments
and
agencies,
the
offices
27
of
the
judicial
branch,
and
federal
financial
assistance
as
28
defined
in
the
federal
Single
Audit
Act,
31
U.S.C.
§
7501,
et
29
seq.,
received
by
all
other
departments,
as
listed
in
section
30
11.5B
,
for
which
payments
by
agencies
have
not
been
made.
Upon
31
payment
by
the
departments,
the
auditor
of
state
shall
credit
32
the
payments
to
the
state
treasury.
33
Sec.
6.
Section
15.107,
subsection
1,
Code
Supplement
2011,
34
is
amended
to
read
as
follows:
35
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1.
The
authority
shall
establish
the
Iowa
innovation
1
corporation
as
a
nonprofit
corporation
organized
under
chapter
2
504
and
qualifying
under
section
501(c)(3)
of
the
Internal
3
Revenue
Code
as
an
organization
exempt
from
taxation.
Unless
4
otherwise
provided
in
this
subchapter
,
the
corporation
is
5
subject
to
the
provisions
of
chapter
504
.
The
corporation
6
shall
be
established
for
the
purpose
of
receiving
and
7
disbursing
funds
from
public
or
private
sources
to
be
used
to
8
further
the
overall
development
and
economic
well-being
of
the
9
state.
10
Sec.
7.
Section
15.202,
Code
Supplement
2011,
is
amended
to
11
read
as
follows:
12
15.202
Grants
and
gifts.
13
The
authority
may
,
with
the
approval
of
the
director,
accept
14
grants
and
allotments
of
funds
from
the
federal
government
15
and
enter
into
cooperative
agreements
with
the
secretary
of
16
agriculture
of
the
United
States
for
projects
to
effectuate
any
17
of
the
purposes
of
the
agricultural
marketing
program;
and
may
18
accept
grants,
gifts,
or
allotments
of
funds
from
any
person
19
for
the
purpose
of
carrying
out
the
agricultural
marketing
20
program.
The
authority
shall
make
an
itemized
accounting
of
21
such
funds
to
the
director
at
the
end
of
each
fiscal
year.
22
Sec.
8.
Section
15.272,
Code
Supplement
2011,
is
amended
to
23
read
as
follows:
24
15.272
Statewide
welcome
center
program
——
objectives
and
25
agency
responsibilities
——
pilot
projects.
26
The
state
agencies,
as
indicated
in
this
section
,
shall
27
undertake
certain
specific
functions
to
implement
the
goals
of
28
a
statewide
program,
including
the
pilot
projects,
for
welcome
29
centers.
30
1.
a.
The
department
of
economic
development
and
the
31
state
department
of
transportation
shall
jointly
establish
a
32
statewide
long-range
plan
for
developing
and
operating
welcome
33
centers
throughout
the
state.
The
plan
shall
be
submitted
34
to
the
general
assembly
by
January
15,
1988.
The
plan
shall
35
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address,
but
not
be
limited
to,
the
following:
1
(1)
Integrating
state,
regional,
and
local
tourism
and
2
recreation
marketing
and
promotion
plans.
3
(2)
Recommending
a
wide
range
of
centers,
including
4
state-developed
and
state-operated
to
privately
managed
5
facilities.
6
(3)
Establishing
design,
service,
and
maintenance
quality
7
standards
which
all
welcome
centers
will
maintain.
Included
8
in
the
standards
shall
be
a
provision
requiring
that
space
or
9
facilities
be
available
for
purposes
of
displaying
and
offering
10
for
sale
Iowa-made
products,
crafts,
and
arts.
The
space
11
or
facilities
may
be
operated
by
the
department
of
economic
12
development
or
leased
to
and
operated
by
other
persons.
13
(4)
Making
projections
of
increased
tourist
spending,
14
indirect
economic
benefits,
and
direct
revenue
production
which
15
are
estimated
to
occur
as
a
result
of
implementing
a
statewide
16
welcome
center
program.
17
(5)
Projecting
estimated
acquisition,
construction,
18
exhibit,
staffing,
and
maintenance
costs.
19
(6)
Integrating
electronic
data
telecommunications
systems.
20
(7)
Identifying
sites
for
maintaining
existing
centers
as
21
well
as
locations
for
new
centers.
22
b.
The
departments
may
enter
into
contracts
for
the
23
preparation
of
the
long-range
plan.
The
departments
shall
24
involve
the
department
of
natural
resources
and
the
department
25
of
cultural
affairs
in
the
preparation
of
the
plan.
The
26
recommendations
and
comments
of
organizations
representing
27
hospitality
and
tourism
services,
including
but
not
limited
to,
28
the
regional
tourism
councils,
convention
and
visitors
bureaus,
29
and
the
Iowa
travel
council,
and
others
with
interests
in
this
30
program
will
be
considered
for
incorporation
in
the
plan.
31
Prior
to
submission
of
the
plan
to
the
general
assembly,
the
32
plan
shall
be
submitted
to
the
regional
tourism
councils,
the
33
convention
and
visitors
bureaus,
and
the
Iowa
travel
council
34
for
their
comments
and
criticisms
which
shall
be
submitted
by
35
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the
department
of
economic
development
along
with
the
plan
to
1
the
general
assembly.
2
2.
The
responsibilities
of
the
authority
include
the
3
following:
4
a.
Seeing
to
the
acquisition
of
property
and
the
5
construction
of
all
new
welcome
centers
including
the
pilot
6
projects
selected
by
the
department
of
economic
development
7
pursuant
to
paragraph
“e”
.
In
carrying
out
this
responsibility
8
the
authority
may
,
but
is
not
limited
to
,
the
following:
9
(1)
Arrange
for
the
state
department
of
transportation
to
10
acquire
title
to
land
and
buildings
for
use
as
and
undertake
11
construction
of
state-owned
welcome
centers.
In
acquiring
12
property
and
constructing
the
welcome
centers,
including
any
13
pilot
projects,
the
state
department
of
transportation
may
14
use
any
funds
available
to
it,
including
but
not
limited
to,
15
the
RISE
fund,
matching
funds
from
local
units
of
government
16
or
organizations,
the
primary
road
fund,
federal
grants,
and
17
moneys
specifically
appropriated
for
these
purposes.
18
(2)
Contract
with
other
state
agencies,
local
units
of
19
government,
or
private
groups,
organizations,
or
entities
for
20
the
use
of
land,
buildings,
or
facilities
as
state
welcome
21
centers
or
in
connection
with
state
welcome
centers,
whether
or
22
not
the
property
is
actually
owned
by
the
state.
If
the
local
23
match
required
for
pilot
projects
or
which
may
be
required
for
24
other
welcome
centers
is
met
by
providing
land,
buildings,
or
25
facilities,
the
entity
providing
the
local
match
shall
enter
26
into
an
agreement
with
the
authority
to
either
transfer
title
27
of
the
property
to
the
state
or
to
dedicate
the
use
of
the
28
property
under
the
conditions
and
period
of
time
set
by
the
29
authority.
30
b.
Providing
for
the
operations,
management,
and
31
maintenance
of
the
state-owned
and
state-operated
welcome
32
centers,
including
the
collection
and
distribution
of
33
tourism
literature,
telecommunication
services,
and
other
34
travel-related
services,
and
the
display
and
offering
for
sale
35
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of
Iowa-made
products,
crafts,
and
arts.
1
c.
Providing,
at
the
discretion
of
the
authority,
financial
2
assistance
in
the
form
of
loans
and
grants
to
privately
3
operated
information
centers
to
the
extent
the
centers
are
4
consistent
with
the
long-range
plan.
5
d.
Developing
a
common
theme
or
graphic
logo
which
will
be
6
identified
with
all
welcome
centers
which
meet
the
standards
of
7
operations
established
for
those
centers.
8
e.
Selecting
the
sites
for
the
pilot
projects.
In
selecting
9
the
pilot
project
sites,
the
following
apply:
10
(1)
Up
to
three
sites
may
be
located
in
proximity
to
11
the
interstates
and
up
to
three
sites
may
be
located
in
12
proximity
to
the
other
primary
roads.
The
department
of
13
economic
development
shall
select
at
least
one
site
which
is
in
14
proximity
to
a
primary
road
which
is
not
an
interstate.
15
(2)
Proposals
for
the
sites
must
be
submitted
prior
to
16
September
1,
1987
,
and
shall
contain
a
commitment
of
at
least
17
a
one-dollar-per-dollar
match
of
state
financial
assistance.
18
The
local
match
may
be
in
terms
of
land,
buildings,
or
other
19
noncash
items
which
are
acceptable
by
the
department
of
20
economic
development
.
21
(3)
Priority
shall
be
given
to
proposals
that
have
the
best
22
local
match,
that
are
to
be
located
where
there
is
a
very
high
23
number
of
travelers
passing,
and
for
which
the
department
of
24
economic
development
,
after
consultation
with
the
departments
25
of
transportation,
natural
resources,
and
cultural
affairs,
26
considers
the
chances
of
success
to
be
nearly
perfect.
27
(4)
The
department
of
economic
development
shall
select
the
28
sites
by
September
15,
1987.
29
Sec.
9.
Section
15.292,
subsection
6,
Code
Supplement
2011,
30
is
amended
to
read
as
follows:
31
6.
The
board
authority
may
approve,
deny,
or
defer
each
32
application
for
financial
assistance
from
the
brownfield
33
redevelopment
fund
created
in
section
15.293
.
34
Sec.
10.
Section
15.293A,
subsection
2,
paragraph
a,
35
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subparagraphs
(1)
and
(2),
Code
Supplement
2011,
are
amended
1
to
read
as
follows:
2
(1)
The
authority
shall
accept
and,
in
conjunction
with
3
the
council
and
the
board
,
review
applications
for
tax
credits
4
pursuant
to
this
section
.
5
(2)
Upon
review
of
an
application,
the
authority
may
6
register
the
project
under
the
program.
If
the
authority
7
registers
the
project,
the
authority
shall,
in
conjunction
with
8
the
council
and
the
board
,
make
a
preliminary
determination
as
9
to
the
amount
of
tax
credit
for
which
the
investor
qualifies.
10
Sec.
11.
Section
15.293A,
subsection
8,
Code
Supplement
11
2011,
is
amended
to
read
as
follows:
12
8.
A
registered
project
shall
be
completed
within
thirty
13
months
of
the
project’s
approval
unless
the
authority
,
with
the
14
approval
of
the
board,
provides
additional
time
to
complete
15
the
project.
A
project
shall
not
be
provided
more
than
twelve
16
months
of
additional
time.
If
the
registered
project
is
not
17
completed
within
the
time
required,
the
project
is
not
eligible
18
to
claim
a
tax
credit
pursuant
to
this
section
.
19
Sec.
12.
Section
15.294,
subsection
4,
Code
Supplement
20
2011,
is
amended
to
read
as
follows:
21
4.
The
council,
in
conjunction
with
the
authority,
shall
22
consider
applications
for
redevelopment
tax
credits
as
23
described
in
sections
15.293A
and
15.293B
,
and
may
recommend
24
to
the
board
authority
which
applications
to
approve
and
the
25
amount
of
such
tax
credits
that
each
project
is
eligible
to
26
receive.
27
Sec.
13.
Section
15.301,
subsection
2,
paragraph
b,
28
subparagraphs
(1)
and
(4),
Code
Supplement
2011,
are
amended
29
to
read
as
follows:
30
(1)
The
department
of
economic
development
or
the
authority
31
may
designate
an
organization
to
administer
the
provisions
of
32
this
section
on
the
authority’s
behalf.
33
(4)
An
organization
designated
pursuant
to
subparagraph
(1)
34
may
accept,
evaluate,
and
approve
applications
for
financial
35
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_____
assistance
from
eligible
small
businesses
pursuant
to
the
1
requirements
of
this
section
and
may
monitor
the
compliance
of
2
eligible
businesses
with
the
terms
of
an
agreement
entered
into
3
with
the
department
or
authority.
4
Sec.
14.
Section
15.301,
subsection
2,
paragraph
e,
Code
5
Supplement
2011,
is
amended
to
read
as
follows:
6
e.
The
department
of
economic
development
,
under
the
terms
7
of
an
agreement
with
the
organization
designated
pursuant
to
8
paragraph
“b”
,
shall
begin
to
provide
financial
assistance
from
9
the
fund
not
later
than
August
1,
2010,
and
shall
to
the
extent
10
practicable
obligate
all
available
moneys
in
the
fund
prior
to
11
March
31,
2011.
12
Sec.
15.
Section
15.301,
subsection
4,
unnumbered
paragraph
13
1,
Code
Supplement
2011,
is
amended
to
read
as
follows:
14
Upon
approval
of
the
application
for
financial
assistance
15
by
the
department
of
economic
development,
the
authority
,
or
16
an
organization
designated
pursuant
to
subsection
2
,
paragraph
17
“b”
,
the
eligible
business
shall
enter
into
an
agreement
with
18
the
department
or
authority
which
shall
include
but
not
be
19
limited
to
all
of
the
following
provisions:
20
Sec.
16.
Section
15.331A,
subsection
2,
paragraphs
a
and
b,
21
Code
2011,
are
amended
to
read
as
follows:
22
a.
The
contractor
or
subcontractor
shall
state
under
oath,
23
on
forms
provided
by
the
department
of
revenue
,
the
amount
of
24
the
sales
of
goods,
wares,
or
merchandise
or
services
rendered,
25
furnished,
or
performed
including
water,
sewer,
gas,
and
26
electric
utility
services
upon
which
sales
or
use
tax
has
been
27
paid
prior
to
the
project
completion,
and
shall
file
the
forms
28
with
the
eligible
business
before
final
settlement
is
made.
29
b.
The
eligible
business
shall,
not
more
than
one
year
30
after
project
completion,
make
application
to
the
department
31
of
revenue
for
any
refund
of
the
amount
of
the
sales
and
use
32
taxes
paid
pursuant
to
chapter
423
upon
any
goods,
wares,
or
33
merchandise,
or
services
rendered,
furnished,
or
performed,
34
including
water,
sewer,
gas,
and
electric
utility
services.
35
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The
application
shall
be
made
in
the
manner
and
upon
forms
to
1
be
provided
by
the
department
of
revenue
,
and
the
department
of
2
revenue
shall
audit
the
claim
and,
if
approved,
issue
a
warrant
3
to
the
eligible
business
in
the
amount
of
the
sales
or
use
tax
4
which
has
been
paid
to
the
state
of
Iowa
under
a
contract.
A
5
claim
filed
by
the
eligible
business
in
accordance
with
this
6
section
shall
not
be
denied
by
reason
of
a
limitation
provision
7
set
forth
in
chapter
421
or
423
.
8
Sec.
17.
Section
15.411,
subsection
9,
Code
Supplement
9
2011,
is
amended
to
read
as
follows:
10
9.
In
each
fiscal
year,
the
authority
may
transfer
11
additional
moneys
that
become
available
to
the
authority
12
from
sources
such
as
loan
repayments
or
recaptures
of
awards
13
from
federal
economic
stimulus
funds
to
the
innovation
14
and
commercialization
development
fund
created
in
section
15
15.412
,
provided
the
authority
spends
those
moneys
for
the
16
implementation
of
the
recommendations
included
in
the
separate
17
consultant
reports
on
bioscience,
advanced
manufacturing,
18
information
technology,
and
entrepreneurship
submitted
to
the
19
department
of
economic
development
in
calendar
years
2004,
20
2005,
and
2006.
21
Sec.
18.
Section
15E.64,
subsection
2,
paragraph
a,
Code
22
Supplement
2011,
is
amended
to
read
as
follows:
23
a.
The
chairperson
of
the
economic
development
authority
24
board
or
a
designee
of
the
chairperson.
25
Sec.
19.
Section
15E.120,
subsection
6,
Code
Supplement
26
2011,
is
amended
to
read
as
follows:
27
6.
On
July
18
1
,
2011,
the
economic
development
authority
28
shall
assume
responsibility
for
the
administration
of
this
29
section
.
30
Sec.
20.
Section
15E.193,
subsection
1,
paragraph
b,
31
subparagraph
(2),
Code
Supplement
2011,
is
amended
to
read
as
32
follows:
33
(2)
The
authority
,
upon
the
recommendation
of
the
34
authority,
shall
adopt
rules
determining
what
constitutes
a
35
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_____
sufficient
package
of
benefits.
1
Sec.
21.
Section
15E.208,
subsection
3,
paragraph
b,
2
subparagraph
(2),
subparagraph
divisions
(c)
through
(e),
Code
3
Supplement
2011,
are
amended
to
read
as
follows:
4
(c)
Notwithstanding
any
provision
of
this
division
to
5
the
contrary,
payments
on
the
principal
balance
of
the
loan
6
granted
by
the
corporation
to
an
eligible
person
and
assigned
7
to
the
department
of
economic
development
pursuant
to
this
8
subparagraph
during
calendar
year
2003
shall
be
deferred
until
9
October
1,
2007.
The
eligible
person
shall
make
principal
10
payments
to
the
department
of
economic
development
in
the
11
amount
of
one
million
dollars
for
each
year
on
October
1,
12
2007,
October
1,
2008,
and
October
1,
2009.
The
eligible
13
person
shall
pay
the
department
of
economic
development
four
14
hundred
eighty-two
thousand
seven
hundred
sixty-one
dollars
15
in
interest,
which
shall
be
deemed
to
be
the
total
amount
of
16
interest
accruing
on
the
principal
amount
of
the
loan.
The
17
eligible
person
shall
pay
the
interest
amount
on
October
1,
18
2010.
Upon
the
payment
of
the
principal
balance
of
the
loan
19
and
the
accrued
interest,
the
debt
shall
be
retired.
20
(d)
Notwithstanding
any
provision
of
this
division
to
21
the
contrary,
the
corporation
shall
repay
the
department
of
22
economic
development,
or
its
successor
entity,
the
principal
23
balance
of
the
Iowa
agricultural
industry
finance
loan
24
beginning
on
October
1,
2007.
The
principal
balance
of
25
the
loan
equals
twenty-one
million
five
hundred
seventeen
26
thousand
two
hundred
thirty-nine
dollars.
The
corporation
27
shall
repay
the
department
of
economic
development,
or
its
28
successor
entity,
five
hundred
seventeen
thousand
two
hundred
29
thirty-nine
dollars
by
October
1,
2007,
and
for
each
subsequent
30
year
the
corporation
shall
repay
the
department,
or
its
31
successor
entity,
at
least
one
million
dollars
by
October
1
32
until
the
total
principal
balance
of
the
loan
is
repaid.
This
33
subparagraph
shall
not
be
construed
to
limit
the
authority
34
of
the
department
of
economic
development,
or
its
successor
35
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_____
entity,
to
negotiate
the
payment
of
interest
accruing
on
1
the
principal
balance
which
shall
be
paid
as
provided
by
an
2
agreement
executed
by
the
department
of
economic
development
,
3
or
its
successor
entity,
and
the
corporation.
4
(e)
Notwithstanding
any
provision
of
this
division
to
5
the
contrary,
payments
of
principal
and
interest
of
the
loan
6
granted
by
the
corporation
to
an
eligible
person
and
assigned
7
to
the
department
of
economic
development
pursuant
to
this
8
subparagraph
during
calendar
year
2003
which
were
deferred
9
pursuant
to
subparagraph
division
(c)
shall
be
forgiven
and
the
10
total
debt,
including
interest,
shall
be
retired.
11
Sec.
22.
Section
15E.351,
subsection
1,
Code
Supplement
12
2011,
is
amended
to
read
as
follows:
13
1.
The
economic
development
authority
shall
establish
and
14
administer
a
business
accelerator
program
to
provide
financial
15
assistance
for
the
establishment
and
operation
of
a
business
16
accelerator
for
technology-based,
value-added
agricultural,
17
information
solutions,
alternative
and
renewable
energy
18
including
the
alternative
and
renewable
energy
sectors
listed
19
in
section
476.42,
subsection
1
,
paragraph
“a”
,
subparagraph
20
(1),
or
advanced
manufacturing
start-up
businesses
or
for
a
21
satellite
of
an
existing
business
accelerator.
The
program
22
shall
be
designed
to
foster
the
accelerated
growth
of
new
23
and
existing
businesses
through
the
provision
of
technical
24
assistance.
The
economic
development
authority
may
provide
25
financial
assistance
under
this
section
from
moneys
allocated
26
for
regional
financial
assistance
pursuant
to
section
15G.111,
27
subsection
9
.
28
Sec.
23.
Section
15E.351,
subsection
2,
paragraph
h,
Code
29
Supplement
2011,
is
amended
to
read
as
follows:
30
h.
The
business
accelerator
must
possess
the
willingness
to
31
accept
referrals
from
the
economic
development
authority.
32
Sec.
24.
Section
15G.111,
subsection
2,
paragraphs
c
and
d,
33
Code
Supplement
2011,
are
amended
to
read
as
follows:
34
c.
Of
the
moneys
accruing
to
the
fund
pursuant
to
35
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84
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H.F.
_____
subsection
1
,
paragraph
“c”
,
the
authority
,
with
the
approval
1
of
the
authority,
may
allocate
an
amount
necessary
to
fund
2
administrative
and
operations
costs.
An
allocation
pursuant
to
3
this
paragraph
may
be
made
in
addition
to
any
allocations
made
4
pursuant
to
subsection
4
,
paragraph
“a”
.
5
d.
Of
the
moneys
transferred
to
the
fund
pursuant
to
2009
6
Iowa
Acts,
chapter
123,
section
9,
the
authority
,
with
the
7
approval
of
the
authority,
may
allocate
an
amount
necessary
8
to
fund
administrative
and
operations
costs.
An
allocation
9
pursuant
to
this
paragraph
may
be
made
in
addition
to
any
10
allocations
made
pursuant
to
subsection
4
,
paragraph
“a”
.
11
Sec.
25.
Section
15G.112,
subsection
1,
paragraph
b,
Code
12
Supplement
2011,
is
amended
to
read
as
follows:
13
b.
The
program
shall
consist
of
the
components
described
14
in
subsections
4
through
9
.
Each
fiscal
year,
the
authority
,
15
with
the
approval
of
the
authority,
shall
allocate
an
amount
of
16
financial
assistance
from
the
fund
that
may
be
awarded
under
17
each
component
of
the
program
to
qualifying
applicants.
18
Sec.
26.
Section
15G.112,
subsection
1,
paragraph
d,
19
unnumbered
paragraph
1,
Code
Supplement
2011,
is
amended
to
20
read
as
follows:
21
For
each
award
of
financial
assistance
under
the
program,
22
the
authority
and
the
recipient
of
the
financial
assistance
23
shall
enter
into
an
agreement
describing
the
terms
and
24
obligations
under
which
the
financial
assistance
is
being
25
provided.
The
authority
may
negotiate
,
subject
to
approval
by
26
the
authority,
the
terms
and
obligations
of
the
agreement.
An
27
agreement
shall
contain
but
need
not
be
limited
to
all
of
the
28
following
terms
and
obligations:
29
Sec.
27.
Section
15G.112,
subsection
4,
paragraph
a,
30
subparagraph
(2),
Code
Supplement
2011,
is
amended
to
read
as
31
follows:
32
(2)
The
business
shall
provide
a
sufficient
package
of
33
benefits
to
each
employee
holding
a
created
or
retained
job.
34
The
authority
,
at
the
recommendation
of
the
authority,
shall
35
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adopt
rules
determining
what
constitutes
a
sufficient
package
1
of
benefits.
2
Sec.
28.
Section
15G.112,
subsection
5,
paragraph
b,
Code
3
Supplement
2011,
is
amended
to
read
as
follows:
4
b.
The
business
shall
provide
a
sufficient
package
of
5
benefits
to
each
employee
holding
a
created
or
retained
job.
6
The
authority
,
at
the
recommendation
of
the
authority,
shall
7
adopt
rules
determining
what
constitutes
a
sufficient
package
8
of
benefits.
9
Sec.
29.
Section
15G.113,
subsection
1,
Code
Supplement
10
2011,
is
amended
to
read
as
follows:
11
1.
The
authority
,
with
the
approval
of
the
authority,
12
may
award
financial
assistance
from
the
fund
to
a
business,
13
an
individual,
a
development
corporation,
a
nonprofit
14
organization,
an
organization
established
in
section
28H.1
,
15
or
a
political
subdivision
of
this
state
if,
in
the
opinion
16
of
the
authority,
a
project
presents
a
unique
opportunity
for
17
economic
development
in
this
state,
or
if
the
project
addresses
18
a
situation
constituting
a
threat
to
the
continued
economic
19
prosperity
of
this
state.
20
Sec.
30.
Section
15G.114,
subsection
1,
Code
Supplement
21
2011,
is
amended
to
read
as
follows:
22
1.
The
authority
,
upon
the
recommendation
of
the
authority,
23
shall
adopt
rules
for
the
administration
of
this
chapter
in
24
accordance
with
chapter
17A
.
25
Sec.
31.
Section
15G.115,
subsection
1,
Code
Supplement
26
2011,
is
amended
to
read
as
follows:
27
1.
The
authority
shall
accept
and
process
applications
for
28
financial
assistance
under
the
economic
development
financial
29
assistance
program.
After
processing
the
applications,
the
30
authority
shall
prepare
them
for
review
by
advisory
committees
31
and
for
final
action
by
the
authority
as
described
in
this
32
section
.
33
Sec.
32.
Section
15G.115,
subsection
3,
paragraphs
b
and
d,
34
Code
Supplement
2011,
are
amended
to
read
as
follows:
35
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b.
Consider
the
recommendation
of
the
due
diligence
1
committee
and
the
technology
commercialization
committee
on
2
each
application
for
financial
assistance,
as
described
in
3
subsection
2
,
and
take
final
action
on
each
application.
4
d.
Take
final
action
on
any
rules
recommended
by
the
5
authority
for
the
implementation
of
the
provisions
of
this
6
chapter
.
7
Sec.
33.
Section
15H.3,
subsection
1,
paragraph
k,
Code
8
Supplement
2011,
is
amended
to
read
as
follows:
9
k.
Additional
ex
officio
,
nonvoting
members
selected
by
the
10
commission
to
the
extent
that
they
are
not
in
conflict
with
the
11
provisions
of
the
National
Community
Service
Trust
Act
of
1993
12
or
any
related
state
or
federal
legislation.
13
Sec.
34.
Section
28N.2,
subsection
2,
paragraph
e,
Code
14
Supplement
2011,
is
amended
to
read
as
follows:
15
e.
Four
voting
members,
each
appointed
by
the
heads
of
the
16
following
departments
agencies
:
17
(1)
The
department
of
agriculture
and
land
stewardship.
18
(2)
The
department
of
natural
resources.
19
(3)
The
economic
development
authority.
20
(4)
The
department
of
transportation.
21
Sec.
35.
Section
29C.20B,
subsection
1,
Code
Supplement
22
2011,
is
amended
to
read
as
follows:
23
1.
The
homeland
security
and
emergency
management
division
24
shall
work
with
the
department
of
human
services
and
nonprofit,
25
voluntary,
and
faith-based
organizations
active
in
disaster
26
recovery
and
response
in
coordination
with
the
department
of
27
human
services
to
establish
a
statewide
system
of
disaster
28
case
management
to
be
activated
following
the
governor’s
29
proclamation
of
a
disaster
emergency
or
the
declaration
of
30
a
major
disaster
by
the
president
of
the
United
States
for
31
individual
assistance
purposes.
Under
the
system,
the
homeland
32
security
and
emergency
management
division
shall
coordinate
33
case
management
services
locally
through
local
committees
as
34
established
in
each
commission’s
emergency
plan.
35
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Sec.
36.
Section
42.4,
subsection
8,
paragraph
b,
1
subparagraph
(2),
Code
2011,
is
amended
to
read
as
follows:
2
(2)
Each
holdover
senatorial
district
to
which
subparagraph
3
(1)
is
not
applicable
shall
elect
a
senator
in
the
year
ending
4
in
two
for
a
two-year
term
commencing
in
January
of
the
year
5
ending
in
three.
However,
if
more
than
one
incumbent
state
6
senator
is
residing
in
a
holdover
senatorial
district
on
the
7
first
Wednesday
in
February
of
the
year
ending
in
two,
and,
8
on
or
before
the
first
third
Wednesday
in
February
of
the
9
year
ending
in
two,
all
but
one
of
the
incumbent
senators
10
resigns
from
office
effective
no
later
than
January
of
the
11
year
ending
in
three,
the
remaining
incumbent
senator
shall
12
represent
the
district
in
the
senate
for
the
general
assembly
13
commencing
in
January
of
the
year
ending
in
three.
A
copy
of
14
each
resignation
must
be
filed
in
the
office
of
the
secretary
15
of
state
no
later
than
five
p.m.
on
the
third
Wednesday
in
16
February
of
the
year
ending
in
two.
17
Sec.
37.
Section
46.2A,
subsection
8,
Code
2011,
is
amended
18
by
striking
the
subsection.
19
Sec.
38.
Section
123.135,
subsection
5,
Code
2011,
is
20
amended
to
read
as
follows:
21
5.
Notwithstanding
any
other
penalties
provided
by
this
22
chapter
,
any
holder
of
a
certificate
of
compliance
or
any
23
class
“A”
permit
holder
who
violates
this
chapter
or
the
rules
24
adopted
pursuant
to
this
chapter
is
subject
to
a
civil
fine
25
penalty
not
to
exceed
one
thousand
dollars
or
suspension
of
the
26
holder’s
certificate
or
permit
for
a
period
not
to
exceed
one
27
year,
or
both
such
civil
fine
penalty
and
suspension.
Civil
28
fines
penalties
imposed
under
this
section
shall
be
collected
29
and
retained
by
the
division.
30
Sec.
39.
Section
123.180,
subsection
6,
Code
2011,
is
31
amended
to
read
as
follows:
32
6.
Regardless
of
any
other
penalties
provided
by
this
33
chapter
,
any
holder
of
a
certificate
of
compliance
relating
to
34
wine
or
a
class
“A”
permittee
who
violates
this
chapter
or
the
35
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rules
adopted
pursuant
to
this
chapter
is
subject
to
a
civil
1
fine
penalty
not
to
exceed
one
thousand
dollars
or
subject
to
2
suspension
of
the
certificate
of
compliance
or
permit
for
a
3
period
not
to
exceed
one
year,
or
to
both
civil
fine
penalty
4
and
suspension.
Civil
fines
penalties
imposed
under
this
5
section
shall
be
collected
and
retained
by
the
division.
6
Sec.
40.
Section
125.2,
subsection
14,
Code
Supplement
7
2011,
is
amended
to
read
as
follows:
8
14.
“Psychiatric
advanced
registered
nurse
practitioner”
9
means
an
individual
currently
licensed
as
a
registered
nurse
10
under
chapter
152
or
152E
who
holds
a
national
certification
in
11
psychiatric
mental
health
care
and
who
is
registered
with
the
12
board
of
nursing
as
an
advanced
registered
nurse
practitioner.
13
Sec.
41.
Section
125.10,
subsections
3,
5,
9,
and
17,
Code
14
2011,
as
amended
by
2011
Iowa
Acts,
chapter
121,
section
30,
15
are
amended
to
read
as
follows:
16
3.
Coordinate
the
efforts
and
enlist
the
assistance
of
all
17
public
and
private
agencies,
organizations
and
individuals
18
interested
in
the
prevention
of
substance
abuse
misuse
and
the
19
treatment
of
persons
with
substance-related
disorders.
20
5.
Cooperate
with
the
department
of
education,
boards
21
of
education,
schools,
police
departments,
courts,
and
other
22
public
and
private
agencies,
organizations,
and
individuals
in
23
establishing
programs
for
the
prevention
of
substance
abuse
24
misuse
and
the
treatment
of
persons
with
substance-related
25
disorders,
and
in
preparing
relevant
curriculum
materials
for
26
use
at
all
levels
of
school
education.
27
9.
Sponsor
and
implement
research
in
cooperation
with
local
28
treatment
programs
into
the
causes
and
nature
of
substance
29
misuse
and
treatment
of
persons
with
substance-related
30
disorders,
and
serve
as
a
clearing
house
for
information
31
relating
to
substance
abuse
misuse
.
32
17.
Review
all
state
health,
welfare,
education
and
33
treatment
proposals
to
be
submitted
for
federal
funding
under
34
federal
legislation,
and
advise
the
governor
on
provisions
to
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be
included
relating
to
substance
abuse
misuse
,
and
persons
1
with
substance-related
disorders.
2
Sec.
42.
Section
125.43A,
Code
2011,
as
amended
by
2011
Iowa
3
Acts,
chapter
121,
section
39,
is
amended
to
read
as
follows:
4
125.43A
Prescreening
——
exception.
5
Except
in
cases
of
medical
emergency
or
court-ordered
6
admissions,
a
person
shall
be
admitted
to
a
state
mental
health
7
institute
for
substance
abuse
treatment
of
a
substance-related
8
disorder
only
after
a
preliminary
intake
and
assessment
by
a
9
department-licensed
treatment
facility
or
a
hospital
providing
10
care
or
treatment
for
persons
with
substance-related
disorders
11
licensed
under
chapter
135B
and
accredited
by
the
joint
12
commission
on
the
accreditation
of
health
care
organizations,
13
the
commission
on
accreditation
of
rehabilitation
facilities,
14
the
American
osteopathic
association,
or
another
recognized
15
organization
approved
by
the
board,
or
by
a
designee
of
a
16
department-licensed
treatment
facility
or
a
hospital
other
17
than
a
state
mental
health
institute,
which
confirms
that
18
the
admission
is
appropriate
to
the
person’s
substance
19
abuse
substance-related
disorder
service
needs.
A
county
20
board
of
supervisors
may
seek
an
admission
of
a
patient
to
a
21
state
mental
health
institute
who
has
not
been
confirmed
for
22
appropriate
admission
and
the
county
shall
be
responsible
for
23
one
hundred
percent
of
the
cost
of
treatment
and
services
of
24
the
patient.
25
Sec.
43.
Section
125.83,
Code
2011,
as
amended
by
2011
Iowa
26
Acts,
chapter
121,
section
47,
is
amended
to
read
as
follows:
27
125.83
Placement
for
evaluation.
28
If
upon
completion
of
the
commitment
hearing,
the
court
29
finds
that
the
contention
that
the
respondent
is
a
person
with
30
a
substance-related
disorder
has
been
sustained
by
clear
and
31
convincing
evidence,
the
court
shall
order
the
respondent
32
placed
at
a
facility
or
under
the
care
of
a
suitable
facility
33
on
an
outpatient
basis
as
expeditiously
as
possible
for
a
34
complete
evaluation
and
appropriate
treatment.
The
court
shall
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furnish
to
the
facility
at
the
time
of
admission
or
outpatient
1
placement,
a
written
statement
of
facts
setting
forth
the
2
evidence
on
which
the
finding
is
based.
The
administrator
of
3
the
facility
shall
report
to
the
court
no
more
than
fifteen
4
days
after
the
individual
is
admitted
to
or
placed
under
the
5
care
of
the
facility,
which
shall
include
the
chief
medical
6
officer’s
recommendation
concerning
substance
abuse
treatment
7
of
a
substance-related
disorder
.
An
extension
of
time
may
be
8
granted
for
a
period
not
to
exceed
seven
days
upon
a
showing
9
of
good
cause.
A
copy
of
the
report
shall
be
sent
to
the
10
respondent’s
attorney
who
may
contest
the
need
for
an
extension
11
of
time
if
one
is
requested.
If
the
request
is
contested,
the
12
court
shall
make
an
inquiry
as
it
deems
appropriate
and
may
13
either
order
the
respondent
released
from
the
facility
or
grant
14
extension
of
time
for
further
evaluation.
If
the
administrator
15
fails
to
report
to
the
court
within
fifteen
days
after
the
16
individual
is
admitted
to
the
facility,
and
no
extension
17
of
time
has
been
requested,
the
administrator
is
guilty
of
18
contempt
and
shall
be
punished
under
chapter
665
.
The
court
19
shall
order
a
rehearing
on
the
application
to
determine
whether
20
the
respondent
should
continue
to
be
held
at
the
facility.
21
Sec.
44.
Section
125.91,
subsections
2
and
3,
Code
2011,
as
22
amended
by
2011
Iowa
Acts,
chapter
121,
section
50,
are
amended
23
to
read
as
follows:
24
2.
a.
A
peace
officer
who
has
reasonable
grounds
to
25
believe
that
the
circumstances
described
in
subsection
1
are
26
applicable
may,
without
a
warrant,
take
or
cause
that
person
27
to
be
taken
to
the
nearest
available
facility
referred
to
in
28
section
125.81,
subsection
2
,
paragraph
“b”
or
“c”
.
Such
a
29
person
with
a
substance-related
disorder
due
to
intoxication
30
or
substance-induced
incapacitation
who
also
demonstrates
31
a
significant
degree
of
distress
or
dysfunction
may
also
32
be
delivered
to
a
facility
by
someone
other
than
a
peace
33
officer
upon
a
showing
of
reasonable
grounds.
Upon
delivery
34
of
the
person
to
a
facility
under
this
section
,
the
examining
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attending
physician
may
order
treatment
of
the
person,
but
1
only
to
the
extent
necessary
to
preserve
the
person’s
life
2
or
to
appropriately
control
the
person’s
behavior
if
the
3
behavior
is
likely
to
result
in
physical
injury
to
the
person
4
or
others
if
allowed
to
continue.
The
peace
officer
or
other
5
person
who
delivered
the
person
to
the
facility
shall
describe
6
the
circumstances
of
the
matter
to
the
examining
attending
7
physician.
If
the
person
is
a
peace
officer,
the
peace
8
officer
may
do
so
either
in
person
or
by
written
report.
If
9
the
examining
attending
physician
has
reasonable
grounds
to
10
believe
that
the
circumstances
in
subsection
1
are
applicable,
11
the
examining
attending
physician
shall
at
once
communicate
12
with
the
nearest
available
magistrate
as
defined
in
section
13
801.4,
subsection
10
.
The
magistrate
shall,
based
upon
the
14
circumstances
described
by
the
examining
attending
physician,
15
give
the
examining
attending
physician
oral
instructions
16
either
directing
that
the
person
be
released
forthwith,
or
17
authorizing
the
person’s
detention
in
an
appropriate
facility.
18
The
magistrate
may
also
give
oral
instructions
and
order
that
19
the
detained
person
be
transported
to
an
appropriate
facility.
20
b.
If
the
magistrate
orders
that
the
person
be
detained,
the
21
magistrate
shall,
by
the
close
of
business
on
the
next
working
22
day,
file
a
written
order
with
the
clerk
in
the
county
where
it
23
is
anticipated
that
an
application
may
be
filed
under
section
24
125.75
.
The
order
may
be
filed
by
facsimile
if
necessary.
The
25
order
shall
state
the
circumstances
under
which
the
person
26
was
taken
into
custody
or
otherwise
brought
to
a
facility
27
and
the
grounds
supporting
the
finding
of
probable
cause
to
28
believe
that
the
person
is
a
person
with
a
substance-related
29
disorder
likely
to
result
in
physical
injury
to
the
person
or
30
others
if
not
detained.
The
order
shall
confirm
the
oral
order
31
authorizing
the
person’s
detention
including
any
order
given
32
to
transport
the
person
to
an
appropriate
facility.
The
clerk
33
shall
provide
a
copy
of
that
order
to
the
attending
physician
,
34
at
the
facility
to
which
the
person
was
originally
taken,
any
35
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subsequent
facility
to
which
the
person
was
transported,
and
1
to
any
law
enforcement
department
or
ambulance
service
that
2
transported
the
person
pursuant
to
the
magistrate’s
order.
3
3.
The
attending
physician
shall
examine
and
may
detain
4
the
person
pursuant
to
the
magistrate’s
order
for
a
period
not
5
to
exceed
forty-eight
hours
from
the
time
the
order
is
dated,
6
excluding
Saturdays,
Sundays,
and
holidays,
unless
the
order
is
7
dismissed
by
a
magistrate.
The
facility
may
provide
treatment
8
which
is
necessary
to
preserve
the
person’s
life
or
to
9
appropriately
control
the
person’s
behavior
if
the
behavior
is
10
likely
to
result
in
physical
injury
to
the
person
or
others
if
11
allowed
to
continue
or
is
otherwise
deemed
medically
necessary
12
by
the
attending
physician,
but
shall
not
otherwise
provide
13
treatment
to
the
person
without
the
person’s
consent.
The
14
person
shall
be
discharged
from
the
facility
and
released
from
15
detention
no
later
than
the
expiration
of
the
forty-eight-hour
16
period,
unless
an
application
for
involuntary
commitment
is
17
filed
with
the
clerk
pursuant
to
section
125.75
.
The
detention
18
of
a
person
by
the
procedure
in
this
section
,
and
not
in
excess
19
of
the
period
of
time
prescribed
by
this
section
,
shall
not
20
render
the
peace
officer,
attending
physician,
or
facility
21
detaining
the
person
liable
in
a
criminal
or
civil
action
22
for
false
arrest
or
false
imprisonment
if
the
peace
officer,
23
attending
physician,
or
facility
had
reasonable
grounds
to
24
believe
that
the
circumstances
described
in
subsection
1
were
25
applicable.
26
Sec.
45.
Section
135.141,
subsection
2,
paragraph
a,
Code
27
2011,
is
amended
to
read
as
follows:
28
a.
Coordinate
with
the
homeland
security
and
emergency
29
management
division
of
the
department
of
public
defense
the
30
administration
of
emergency
planning
matters
which
involve
31
the
public
health,
including
development,
administration,
and
32
execution
of
the
public
health
components
of
the
comprehensive
33
emergency
plan
and
emergency
management
program
pursuant
to
34
section
29C.8
.
35
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Sec.
46.
Section
142A.3,
subsection
10,
Code
Supplement
1
2011,
is
amended
to
read
as
follows:
2
10.
The
commission
may
designate
an
advisory
council.
The
3
commission
shall
determine
the
membership
and
representation
4
of
the
advisory
council
and
members
of
the
council
shall
serve
5
at
the
pleasure
of
the
commission.
The
advisory
council
may
6
include
representatives
of
health
care
provider
groups,
parent
7
groups,
antitobacco
advocacy
programs
and
organizations,
8
tobacco
retailers,
research
and
evaluation
experts,
and
youth
9
organizers.
10
Sec.
47.
Section
152.12,
Code
2011,
is
amended
to
read
as
11
follows:
12
152.12
Examination
information.
13
Notwithstanding
section
147.21
,
individual
pass
or
fail
14
examination
results
made
available
from
the
authorized
national
15
testing
agency
may
be
disclosed
to
the
appropriate
licensing
16
authority
in
another
state,
the
District
of
Columbia,
or
a
17
territory
or
county
country
,
and
the
board-approved
education
18
program,
for
purposes
of
verifying
accuracy
of
national
data
19
and
determining
program
approval.
20
Sec.
48.
Section
173.11,
subsection
3,
Code
Supplement
21
2011,
is
amended
to
read
as
follows:
22
3.
Administer
the
foundation
fund
under
the
control
of
the
23
Iowa
state
fair
foundation,
in
its
capacity
as
the
board
of
24
the
Iowa
state
fair
foundation,
as
directed
by
the
board
in
25
its
capacity
as
the
board
of
the
Iowa
state
fair
foundation
.
26
The
treasurer
shall
administer
the
fund
in
accordance
with
27
procedures
of
the
treasurer
of
state,
and
maintain
a
correct
28
account
of
receipts
and
disbursements
of
assets
of
the
29
foundation
fund.
30
Sec.
49.
Section
226.9C,
subsection
2,
paragraph
c,
31
subparagraph
(1),
as
enacted
by
2011
Iowa
Acts,
chapter
121,
32
section
51,
is
amended
to
read
as
follows:
33
(1)
Prior
to
an
individual’s
admission
for
dual
diagnosis
34
treatment,
the
individual
shall
have
been
prescreened.
The
35
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person
performing
the
prescreening
shall
be
either
the
mental
1
health
professional,
as
defined
in
section
228.1,
who
is
2
contracting
with
the
county
central-point-of-coordination
3
process
to
provide
the
prescreening
or
a
mental
health
4
professional
with
the
requisite
qualifications.
A
mental
5
health
professional
with
the
requisite
qualifications
shall
6
meet
all
of
the
following
qualifications:
is
a
mental
health
7
professional
as
defined
in
section
228.1,
is
a
certified
an
8
alcohol
and
drug
counselor
certified
by
the
nongovernmental
9
Iowa
board
of
substance
abuse
certification,
and
is
employed
10
by
or
providing
services
for
a
facility,
as
defined
in
section
11
125.2.
12
Sec.
50.
Section
230A.106,
subsection
2,
paragraph
c,
as
13
enacted
by
2011
Iowa
Acts,
chapter
121,
section
16,
is
amended
14
to
read
as
follows:
15
c.
Day
treatment,
partial
hospitalization,
or
psychosocial
16
rehabilitation
services.
Such
Day
treatment,
partial
17
hospitalization,
or
psychosocial
rehabilitation
services
shall
18
be
provided
as
structured
day
programs
in
segments
of
less
than
19
twenty-four
hours
using
a
multidisciplinary
team
approach
to
20
develop
treatment
plans
that
vary
in
intensity
of
services
21
and
the
frequency
and
duration
of
services
based
on
the
needs
22
of
the
patient.
These
services
may
be
provided
directly
by
23
the
center
or
in
collaboration
or
affiliation
with
other
24
appropriately
accredited
providers.
25
Sec.
51.
Section
232.103,
subsection
3,
Code
2011,
is
26
amended
to
read
as
follows:
27
3.
A
change
in
the
level
of
care
for
a
child
who
is
subject
28
to
a
dispositional
order
for
out-of-home
placement
requires
29
modification
of
the
dispositional
order.
A
hearing
shall
be
30
held
on
a
motion
to
terminate
or
modify
a
dispositional
order
31
except
that
a
hearing
on
a
motion
to
terminate
or
modify
an
32
order
may
be
waived
upon
agreement
by
all
parties.
Reasonable
33
notice
of
the
hearing
shall
be
given
to
the
parties.
The
34
hearing
shall
be
conducted
in
accordance
with
the
provisions
of
35
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procedure
established
for
dispositional
hearings
under
section
1
232.50
,
subsection
3
.
2
Sec.
52.
Section
236.18,
Code
2011,
is
amended
to
read
as
3
follows:
4
236.18
Reference
to
certain
criminal
provisions.
5
In
addition
to
the
criminal
penalties
provisions
contained
6
in
this
chapter
,
certain
criminal
penalties
and
provisions
7
pertaining
to
domestic
abuse
assaults
are
set
forth
in
chapter
8
664A
and
sections
708.2A
and
708.2B
.
9
Sec.
53.
Section
249H.3,
subsection
10,
Code
2011,
is
10
amended
to
read
as
follows:
11
10.
“Persons
with
disabilities”
means
individuals
eighteen
12
years
of
age
or
older
with
disabilities
as
disability
is
13
defined
in
section
225B.2
mental
or
physical
impairments
that
14
result
in
significant
functional
limitation
in
one
or
more
15
areas
of
major
life
activity
and
in
the
need
for
specialized
16
care,
treatment,
or
training
services
of
extended
duration
.
17
Sec.
54.
Section
252B.9,
subsection
1,
paragraph
f,
18
subparagraph
(5),
Code
2011,
is
amended
to
read
as
follows:
19
(5)
If
the
person
fails
to
comply
with
the
request
or
20
subpoena,
fails
to
request
a
conference,
and
fails
to
pay
a
21
fine
penalty
imposed
under
subparagraph
(4),
the
unit
may
22
petition
the
district
court
to
compel
the
person
to
comply
23
with
this
paragraph.
If
the
person
objects
to
imposition
of
24
the
fine
penalty
,
the
person
may
seek
judicial
review
by
the
25
district
court.
26
Sec.
55.
Section
256.32,
subsection
2,
paragraph
d,
Code
27
Supplement
2011,
is
amended
by
striking
the
paragraph.
28
Sec.
56.
Section
256I.3,
subsection
2,
paragraph
a,
Code
29
Supplement
2011,
is
amended
to
read
as
follows:
30
a.
The
board
shall
consist
of
twenty-one
voting
members
with
31
fifteen
citizen
members
and
six
state
agency
members.
The
six
32
state
agency
members
shall
be
the
directors
or
their
designees
33
of
the
following
departments
agencies
:
economic
development
34
authority,
education,
human
rights,
human
services,
public
35
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health,
and
workforce
development.
The
designees
of
state
1
agency
directors
shall
be
selected
on
an
annual
basis.
The
2
citizen
members
shall
be
appointed
by
the
governor,
subject
to
3
confirmation
by
the
senate.
The
governor’s
appointments
of
4
citizen
members
shall
be
made
in
a
manner
so
that
each
of
the
5
state’s
congressional
districts
is
represented
by
at
least
two
6
citizen
members
and
so
that
all
the
appointments
as
a
whole
7
reflect
the
ethnic,
cultural,
social,
and
economic
diversity
of
8
the
state.
A
member
of
the
state
board
shall
not
be
a
provider
9
of
services
or
other
entity
receiving
funding
through
the
early
10
childhood
Iowa
initiative
or
be
employed
by
such
a
provider
or
11
other
entity.
12
Sec.
57.
Section
256I.5,
subsection
4,
paragraph
a,
Code
13
Supplement
2011,
is
amended
to
read
as
follows:
14
a.
Enter
into
memoranda
of
agreement
with
the
departments
15
of
education,
human
rights,
human
services,
public
health,
and
16
workforce
development
and
the
economic
development
authority
17
to
formalize
the
commitments
of
the
respective
departments’
18
commitments
departments
and
the
authority
to
collaborating
with
19
and
integrating
a
comprehensive
early
care,
education,
health,
20
and
human
services
system.
Items
addressed
in
the
memoranda
21
shall
include
but
are
not
limited
to
data
sharing
and
providing
22
staffing
to
the
technical
assistance
team.
23
Sec.
58.
Section
260C.18A,
subsection
2,
paragraph
e,
Code
24
Supplement
2011,
is
amended
by
striking
the
paragraph.
25
Sec.
59.
Section
261E.8,
subsection
3,
Code
Supplement
26
2011,
is
amended
to
read
as
follows:
27
3.
A
student
may
make
application
to
a
community
college
and
28
the
school
district
to
allow
the
student
to
enroll
for
college
29
credit
in
a
nonsectarian
course
offered
by
the
community
30
college.
A
comparable
course,
as
defined
in
rules
adopted
by
31
the
board
of
directors
of
the
school
district,
must
not
be
32
offered
by
the
school
district
or
accredited
nonpublic
school
33
which
the
student
attends.
The
school
board
shall
annually
34
approve
courses
to
be
made
available
for
high
school
credit
35
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using
locally
developed
criteria
that
establishes
which
courses
1
will
provide
the
student
with
academic
rigor
and
will
prepare
2
the
student
adequately
for
transition
to
a
postsecondary
3
institution.
If
an
eligible
postsecondary
institution
a
4
community
college
accepts
a
student
for
enrollment
under
5
this
section
,
the
school
district,
in
collaboration
with
the
6
community
college,
shall
send
written
notice
to
the
student,
7
the
student’s
parent
or
legal
guardian
in
the
case
of
a
minor
8
child,
and
the
student’s
school
district.
The
notice
shall
9
list
the
course,
the
clock
hours
the
student
will
be
attending
10
the
course,
and
the
number
of
hours
of
college
credit
that
the
11
student
will
receive
from
the
community
college
upon
successful
12
completion
of
the
course.
13
Sec.
60.
Section
267A.2,
Code
Supplement
2011,
is
amended
14
to
read
as
follows:
15
267A.2
Definitions.
16
As
used
in
this
section
chapter
,
unless
the
context
17
otherwise
requires:
18
1.
“Coordinator”
means
the
local
food
and
farm
program
19
coordinator
created
in
section
267A.4
.
20
2.
“Council”
means
the
local
food
and
farm
program
council
21
established
in
section
267A.3
.
22
3.
“Department”
means
the
department
of
agriculture
and
land
23
stewardship.
24
4.
“Fund”
means
the
local
food
and
farm
program
fund
created
25
in
section
267A.5
.
26
Sec.
61.
Section
282.1,
subsection
1,
Code
2011,
is
amended
27
to
read
as
follows:
28
1.
Persons
between
five
and
twenty-one
years
of
age
are
of
29
school
age.
Nonresident
children
shall
be
charged
the
maximum
30
tuition
rate
as
determined
in
section
282.24,
subsection
1
,
31
with
the
exception
that
those
residing
temporarily
in
a
school
32
corporation
may
attend
school
in
the
corporation
upon
terms
33
prescribed
by
the
board.
A
school
district
discontinuing
34
grades
under
section
282.7,
subsection
1
or
subsections
1
and
35
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3
,
shall
be
charged
tuition
as
provided
in
section
282.24,
1
subsection
1
.
2
Sec.
62.
Section
282.10,
subsection
1,
Code
2011,
is
amended
3
to
read
as
follows:
4
1.
Whole
grade
sharing
is
a
procedure
used
by
school
5
districts
whereby
all
or
a
substantial
portion
of
the
pupils
in
6
any
grade
in
two
or
more
school
districts
share
an
educational
7
program
for
all
or
a
substantial
portion
of
a
school
day
8
under
a
written
agreement
pursuant
to
section
256.13
,
280.15
,
9
or
282.7
,
subsection
1
or
subsections
1
and
3
.
Whole
grade
10
sharing
may
either
be
one-way
or
two-way
sharing.
11
Sec.
63.
Section
282.18,
subsection
15,
Code
2011,
is
12
amended
to
read
as
follows:
13
15.
a.
If
a
request
under
this
section
is
for
transfer
to
14
a
laboratory
the
research
and
development
school,
as
described
15
in
chapter
256G
,
the
student
who
is
the
subject
of
the
request
16
shall
be
included
in
the
basic
enrollment
of
the
student’s
17
district
of
residence
and
the
board
of
directors
of
the
18
district
of
residence
shall
pay
to
a
laboratory
the
research
19
and
development
school
the
state
cost
per
pupil
for
the
20
previous
school
year,
plus
any
moneys
received
for
the
pupil
as
21
a
result
of
the
non-English
speaking
weighting
under
section
22
280.4,
subsection
3
,
for
the
previous
school
year
multiplied
by
23
the
state
cost
per
pupil
for
the
previous
year.
24
b.
Notwithstanding
subsection
7,
a
district
of
residence
25
shall
not
be
required
to
pay
the
state
cost
per
pupil
for
a
26
student
attending
a
laboratory
the
research
and
development
27
school
during
the
school
year
beginning
July
1,
2010,
if
28
the
student
was
not
included
in
the
district
of
residence’s
29
enrollment
count
for
funding
purposes
in
the
school
year
30
beginning
July
1,
2009.
31
Sec.
64.
Section
306D.2,
subsection
1,
unnumbered
paragraph
32
1,
Code
Supplement
2011,
is
amended
to
read
as
follows:
33
The
state
department
of
transportation
shall
prepare
a
34
statewide,
long-range
plan
for
the
protection,
enhancement,
35
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_____
and
identification
of
highways
and
secondary
roads
which
pass
1
through
unusually
scenic
areas
of
the
state
as
identified
2
in
section
306D.1
.
The
department
of
natural
resources,
3
department
of
economic
development
authority
,
and
department
of
4
cultural
affairs,
private
organizations,
county
conservation
5
boards,
city
park
and
recreation
departments,
and
the
federal
6
agencies
having
jurisdiction
over
land
in
the
state
shall
be
7
encouraged
to
assist
in
preparing
the
plan.
The
plan
shall
be
8
coordinated
with
the
state’s
open
space
plan
if
a
state
open
9
space
plan
has
been
approved
by
the
general
assembly.
The
plan
10
shall
include,
but
is
not
limited
to,
the
following
elements:
11
Sec.
65.
Section
321.18,
subsection
9,
Code
2011,
is
amended
12
by
striking
the
subsection.
13
Sec.
66.
Section
321.180B,
subsection
1,
paragraph
c,
Code
14
Supplement
2011,
is
amended
to
read
as
follows:
15
c.
Except
as
otherwise
provided,
a
permittee
who
is
less
16
than
eighteen
years
of
age
and
who
is
operating
a
motor
vehicle
17
must
be
accompanied
by
a
person
issued
a
driver’s
license
18
valid
for
the
vehicle
operated
who
is
the
parent,
guardian,
19
or
custodian
of
the
permittee,
a
member
of
the
permittee’s
20
immediate
family
if
the
family
member
is
at
least
twenty-one
21
years
of
age,
an
approved
driver
education
instructor,
a
22
prospective
driver
education
instructor
who
is
enrolled
in
23
a
practitioner
preparation
program
with
a
safety
education
24
program
approved
by
the
state
board
of
education,
or
a
person
25
at
least
twenty-five
years
of
age
if
written
permission
is
26
granted
by
the
parent,
guardian,
or
custodian,
and
who
is
27
actually
occupying
a
seat
beside
the
driver.
A
permittee
shall
28
not
operate
a
motor
vehicle
if
the
number
of
passengers
in
the
29
motor
vehicle
exceeds
the
number
of
passenger
safety
belts
30
in
the
motor
vehicle.
If
the
applicant
for
an
instruction
31
permit
holds
a
driver’s
license
issued
in
this
state
valid
32
for
the
operation
of
a
motorized
bicycle
or
a
motorcycle,
the
33
instruction
permit
shall
be
valid
for
such
operation
without
34
the
requirement
of
an
accompanying
person.
35
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_____
Sec.
67.
Section
321.186,
subsection
3,
Code
Supplement
1
2011,
is
amended
to
read
as
follows:
2
3.
The
examination
shall
include
a
screening
of
the
3
applicant’s
eyesight,
a
test
of
the
applicant’s
ability
to
4
read
and
understand
highway
signs
regulating,
warning,
and
5
directing
traffic,
a
test
of
the
applicant’s
knowledge
of
the
6
traffic
laws
of
this
state,
an
actual
demonstration
of
ability
7
to
exercise
ordinary
and
reasonable
control
in
the
operation
8
of
a
motor
vehicle,
and
other
physical
and
mental
examinations
9
as
the
department
finds
necessary
to
determine
the
applicant’s
10
fitness
to
operate
a
motor
vehicle
safely
upon
the
highways.
11
However,
an
applicant
for
a
new
driver’s
license
other
than
12
a
commercial
driver’s
license
need
not
pass
a
vision
test
13
administered
by
the
department
if
the
applicant
files
with
the
14
department
a
vision
report
in
accordance
with
section
321.186A
15
which
shows
that
the
applicant’s
visual
acuity
level
meets
or
16
exceeds
those
required
by
the
department.
17
Sec.
68.
Section
331.427,
subsection
3,
paragraph
a,
Code
18
2011,
is
amended
to
read
as
follows:
19
a.
Expenses
of
a
joint
local
emergency
management
commission
20
under
chapter
29C
.
21
Sec.
69.
Section
331.653,
subsection
5,
Code
2011,
is
22
amended
to
read
as
follows:
23
5.
Serve
as
a
member
of
the
joint
local
emergency
management
24
commission
as
provided
in
section
29C.9
.
25
Sec.
70.
Section
331.756,
subsection
4,
Code
Supplement
26
2011,
is
amended
to
read
as
follows:
27
4.
Prosecute
misdemeanors
under
chapter
236
664A
.
The
28
county
attorney
shall
prosecute
other
misdemeanors
when
not
29
otherwise
engaged
in
the
performance
of
other
official
duties.
30
Sec.
71.
Section
419.4,
subsection
2,
Code
2011,
is
amended
31
to
read
as
follows:
32
2.
a.
The
proceedings
under
which
the
bonds
are
authorized
33
to
be
issued
under
the
provisions
of
this
chapter
,
and
any
34
mortgage
given
to
secure
the
same,
may
contain
any
agreements
35
-36-
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_____
and
provisions
customarily
contained
in
instruments
securing
1
bonds,
including
,
but
not
limited
to:
2
a.
(1)
Provisions
respecting
custody
of
the
proceeds
3
from
the
sale
of
the
bonds
including
their
investment
and
4
reinvestment
until
used
to
defray
the
cost
of
the
project.
5
b.
(2)
Provisions
respecting
the
fixing
and
collection
of
6
rents
or
payment
with
respect
to
any
project
covered
by
such
7
proceedings
or
mortgage.
8
c.
(3)
The
terms
to
be
incorporated
in
the
lease,
sale
9
contract
,
or
loan
agreement
with
respect
to
such
project.
10
d.
(4)
The
maintenance
and
insurance
of
such
project.
11
e.
(5)
The
creation,
maintenance,
custody,
investment
and
12
reinvestment
and
use
of
special
funds
from
the
revenues
of
such
13
project,
and
14
f.
(6)
The
rights
and
remedies
available
in
case
of
a
15
default
to
the
bond
holders
or
to
any
trustee
under
the
lease,
16
sale
contract,
loan
agreement
or
mortgage.
17
b.
A
municipality
shall
have
the
power
to
provide
that
18
proceeds
from
the
sale
of
bonds
and
special
funds
from
the
19
revenues
of
the
project
shall
be
invested
and
reinvested
in
20
such
securities
and
other
investments
as
shall
be
provided
in
21
the
proceedings
under
which
the
bonds
are
authorized
to
be
22
issued
including:
23
(1)
obligations
issued
or
guaranteed
by
the
United
States;
24
(2)
obligations
issued
or
guaranteed
by
any
person
25
controlled
or
supervised
by
and
acting
as
an
instrumentality
of
26
the
United
States
pursuant
to
authority
granted
by
the
Congress
27
of
the
United
States;
28
(3)
obligations
issued
or
guaranteed
by
any
state
of
the
29
United
States,
or
the
District
of
Columbia,
or
any
political
30
subdivision
of
any
such
state
or
district;
31
(4)
prime
commercial
paper;
32
(5)
prime
finance
company
paper;
33
(6)
bankers’
acceptances
drawn
on
and
accepted
by
banks
34
organized
under
the
laws
of
any
state
or
of
the
United
States;
35
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(7)
repurchase
agreements
fully
secured
by
obligations
1
issued
or
guaranteed
by
the
United
States
or
by
any
person
2
controlled
or
supervised
by
and
acting
as
an
instrumentality
of
3
the
United
States
pursuant
to
authority
granted
by
the
Congress
4
of
the
United
States;
and
5
(8)
certificates
of
deposit
issued
by
banks
organized
6
under
the
laws
of
any
state
or
of
the
United
States;
whether
7
or
not
such
investment
or
reinvestment
is
authorized
under
any
8
other
law
of
this
state.
The
municipality
shall
also
have
the
9
power
to
provide
that
such
proceeds
or
funds
or
investments
10
and
the
amounts
payable
under
the
lease,
sale
contract
,
or
11
loan
agreement
shall
be
received,
held
and
disbursed
by
one
or
12
more
banks
or
trust
companies
located
in
or
out
of
the
state
13
of
Iowa.
A
municipality
shall
also
have
the
power
to
provide
14
that
the
project
and
improvements
shall
be
constructed
by
the
15
municipality,
lessee,
the
lessee’s
designee,
the
contracting
16
party,
or
the
contracting
party’s
designee,
or
any
one
or
17
more
of
them
on
real
estate
owned
by
the
municipality,
the
18
lessee,
the
lessee’s
designee,
the
contracting
party,
or
the
19
contracting
party’s
designee,
as
the
case
may
be,
that
the
20
bond
proceeds
shall
be
disbursed
by
the
trustee
bank
or
banks,
21
trust
company
or
trust
companies,
during
construction
upon
the
22
estimate,
order
or
certificate
of
the
lessee,
the
lessee’s
23
designee,
the
contracting
party,
or
the
contracting
party’s
24
designee.
25
c.
In
making
such
agreements
or
provisions
as
provided
26
in
this
subsection
,
a
municipality
shall
not
have
the
power
27
to
obligate
itself,
except
with
respect
to
the
project
and
28
the
application
of
the
revenues
therefrom,
and
shall
not
have
29
the
power
to
incur
a
pecuniary
liability
or
a
charge
upon
its
30
general
credit
or
against
its
taxing
powers.
31
Sec.
72.
Section
422.5,
subsection
3,
paragraph
b,
Code
32
Supplement
2011,
is
amended
to
read
as
follows:
33
b.
In
lieu
of
the
computation
in
subsection
1
,
or
2,
or
3
34
in
paragraph
“a”
of
this
subsection
,
if
the
married
persons’,
35
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_____
filing
jointly
or
filing
separately
on
a
combined
return,
1
head
of
household’s,
or
surviving
spouse’s
net
income
exceeds
2
thirteen
thousand
five
hundred
dollars,
the
regular
tax
imposed
3
under
this
division
shall
be
the
lesser
of
the
maximum
state
4
individual
income
tax
rate
times
the
portion
of
the
net
income
5
in
excess
of
thirteen
thousand
five
hundred
dollars
or
the
6
regular
tax
liability
computed
without
regard
to
this
sentence.
7
Taxpayers
electing
to
file
separately
shall
compute
the
8
alternate
tax
described
in
this
paragraph
using
the
total
net
9
income
of
the
husband
and
wife.
The
alternate
tax
described
10
in
this
paragraph
does
not
apply
if
one
spouse
elects
to
carry
11
back
or
carry
forward
the
loss
as
provided
in
section
422.9,
12
subsection
3
.
13
Sec.
73.
Section
422.7,
subsection
51,
Code
Supplement
14
2011,
is
amended
to
read
as
follows:
15
51.
Subtract,
to
the
extent
included,
the
amount
of
any
16
Vietnam
Conflict
veterans
bonus
provided
pursuant
to
section
17
35A.8,
subsection
5
,
and
section
35A.8A
.
18
Sec.
74.
Section
422.11S,
subsection
7,
paragraph
a,
19
subparagraph
(2),
Code
Supplement
2011,
is
amended
to
read
as
20
follows:
21
(2)
“Total
approved
tax
credits”
means
for
the
tax
year
22
beginning
in
the
2006
calendar
year,
two
million
five
hundred
23
thousand
dollars,
for
the
tax
year
beginning
in
the
2007
24
calendar
year,
five
million
dollars,
and
for
tax
years
25
beginning
on
or
after
January
1,
2008,
seven
million
five
26
hundred
thousand
dollars.
However,
for
tax
years
beginning
on
27
or
after
January
1,
2012,
and
only
if
legislation
is
enacted
28
by
the
Eighty-fourth
General
Assembly,
2011
session,
amending
29
section
257.8,
subsections
1
and
2
,
to
establish
both
the
state
30
percent
of
growth
and
the
categorical
state
percent
of
growth
31
for
the
budget
year
beginning
July
1,
2012,
at
two
percent,
32
“total
approved
tax
credits”
means
eight
million
seven
hundred
33
fifty
thousand
dollars.
34
Sec.
75.
Section
422.11T,
Code
2011,
is
amended
to
read
as
35
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_____
follows:
1
422.11T
Film
qualified
expenditure
tax
credit.
2
The
taxes
imposed
under
this
division
,
less
the
credit
3
credits
allowed
under
section
422.12
,
shall
be
reduced
by
a
4
qualified
expenditure
tax
credit
authorized
pursuant
to
section
5
15.393,
subsection
2
,
paragraph
“a”
.
6
Sec.
76.
Section
422.11U,
Code
2011,
is
amended
to
read
as
7
follows:
8
422.11U
Film
investment
tax
credit.
9
The
taxes
imposed
under
this
division
,
less
the
credit
10
credits
allowed
under
section
422.12
,
shall
be
reduced
by
an
11
investment
tax
credit
authorized
pursuant
to
section
15.393,
12
subsection
2
,
paragraph
“b”
.
13
Sec.
77.
Section
437A.14,
subsection
3,
Code
Supplement
14
2011,
is
amended
to
read
as
follows:
15
3.
Unless
otherwise
expressly
permitted
by
a
section
16
referencing
this
chapter
,
the
kilowatt-hours
of
electricity
or
17
therms
of
natural
gas
delivered
by
a
taxpayer
in
a
competitive
18
service
area
shall
not
be
divulged
to
any
person
or
entity,
19
other
than
the
taxpayer,
the
department
of
revenue
,
or
the
20
internal
revenue
service
for
use
in
a
matter
unrelated
to
tax
21
administration.
This
prohibition
precludes
persons
or
entities
22
other
than
the
taxpayer,
the
department
of
revenue
,
or
the
23
internal
revenue
service
from
obtaining
such
information
from
24
the
department
of
revenue
.
A
subpoena,
order,
or
process
which
25
requires
the
department
of
revenue
to
produce
such
information
26
to
a
person
or
entity,
other
than
the
taxpayer,
the
department
27
of
revenue
,
or
internal
revenue
service,
for
use
in
a
nontax
28
proceeding
is
void.
29
Sec.
78.
Section
445.5,
subsection
6,
Code
Supplement
2011,
30
is
amended
to
read
as
follows:
31
6.
The
county
treasurer
shall
deliver
to
the
taxpayer
a
32
receipt
stating
the
year
of
tax,
date
of
payment,
a
description
33
of
the
parcel,
and
the
amount
of
taxes,
interest,
fees,
and
34
costs
paid
when
payment
is
made
by
cash
tender.
A
receipt
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for
other
payment
tender
types
shall
only
be
delivered
upon
1
request.
The
receipt
shall
be
in
full
of
for
the
first
half,
2
second
half,
or
full
year
amounts
unless
a
payment
is
made
3
under
section
445.36A
or
435.24,
subsection
6
.
4
Sec.
79.
Section
452A.3,
subsection
5,
Code
2011,
is
amended
5
to
read
as
follows:
6
5.
a.
The
tax
shall
be
paid
by
the
following:
7
a.
(1)
The
supplier,
upon
the
invoiced
gross
gallonage
of
8
all
motor
fuel
or
undyed
special
fuel
withdrawn
from
a
terminal
9
for
delivery
in
this
state.
10
(2)
Tax
shall
not
be
paid
when
the
sale
of
alcohol
occurs
11
within
a
terminal
from
an
alcohol
manufacturer
to
an
Iowa
12
licensed
supplier.
The
tax
shall
be
paid
by
the
Iowa
licensed
13
supplier
when
the
invoiced
gross
gallonage
of
the
alcohol
or
14
the
alcohol
part
of
ethanol
blended
gasoline
is
withdrawn
from
15
a
terminal
for
delivery
in
this
state.
16
b.
(3)
The
person
who
owns
the
fuel
at
the
time
it
is
17
brought
into
the
state
by
a
restrictive
supplier
or
importer,
18
upon
the
invoiced
gross
gallonage
of
motor
fuel
or
undyed
19
special
fuel
imported.
20
c.
(4)
The
blender
on
total
invoiced
gross
gallonage
of
21
alcohol
or
other
product
sold
to
be
blended
with
gasoline
or
22
special
fuel.
23
d.
(5)
Any
other
person
who
possesses
taxable
fuel
upon
24
which
the
tax
has
not
been
paid
to
a
licensee.
25
b.
However,
the
The
tax
shall
not
be
imposed
or
collected
26
under
this
division
with
respect
to
motor
fuel
or
special
fuel
27
sold
for
export
or
exported
from
this
state
to
any
other
state,
28
territory,
or
foreign
country.
29
Sec.
80.
Section
455B.487,
Code
2011,
is
amended
to
read
as
30
follows:
31
455B.487
Facility
acquisition
and
operation.
32
1.
The
commission
shall
adopt
rules
establishing
criteria
33
for
the
identification
of
land
areas
or
sites
which
are
34
suitable
for
the
operation
of
facilities
for
the
management
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of
hazardous
and
low-level
radioactive
wastes.
Upon
request,
1
the
department
shall
assist
in
locating
suitable
sites
for
the
2
location
of
a
facility.
The
commission
may
purchase
or
condemn
3
land
to
be
leased
or
used
for
the
operation
of
a
facility
4
subject
to
chapter
6A
.
Consideration
for
a
contract
for
5
purchase
of
land
shall
not
be
in
excess
of
funds
appropriated
6
by
the
general
assembly
for
that
purpose.
The
commission
may
7
lease
land
purchased
under
this
section
to
any
person
including
8
the
state
or
a
state
agency.
This
section
authorizes
the
state
9
to
own
or
operate
hazardous
waste
facilities
and
low-level
10
radioactive
waste
facilities,
subject
to
the
approval
of
the
11
general
assembly.
12
2.
The
purchase,
condemnation,
use,
or
lease
of
land
for
the
13
management
of
wastes,
shall
be
approved
by
the
general
assembly
14
prior
to
the
purchase,
condemnation,
use,
or
lease
of
the
land.
15
3.
a.
The
terms
of
the
lease
or
contract
shall
establish
16
responsibility
for
long-term
monitoring
and
maintenance
of
the
17
site.
The
commission
shall
require
that
the
lessee
or
operator
18
post
bond
or
provide
proof
of
sufficient
insurance
coverage,
19
as
determined
by
the
commission
to
be
reasonably
necessary
to
20
protect
the
state
against
liabilities
arising
from
the
storage
21
of
wastes,
abandonment
of
the
facility,
facility
accidents,
22
failure
of
the
facility,
or
other
liabilities
which
may
arise.
23
b.
The
terms
of
the
lease
or
contract
shall
also
require
24
that
the
lessee
or
operator
of
the
facility
pay
an
annual
25
fee
to
the
state,
as
established
by
the
commission,
to
cover
26
facility
monitoring
costs,
and
shall
require
that
the
lessee
27
or
operator
establish
a
long-term
monitoring
and
maintenance
28
fund
in
which
the
lessee
or
operator
shall
deposit
annually
an
29
amount
specified
by
the
commission.
The
fund
shall
be
used
30
to
pay
closure,
long-term
monitoring
and
maintenance,
and
31
contingency
costs.
32
4.
The
lease
agreement
or
contract
shall
provide
for
a
33
local
review
and
monitoring
committee
established
by
the
34
county
or
municipal
entity
governing
the
jurisdiction
in
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which
the
facility
is
located.
Prior
to
the
approval
of
a
1
lease
agreement
or
contract
the
local
committee
shall
review
2
the
application
of
the
prospective
lessee
or
operator
and
3
shall
determine
the
suitability
of
the
proposed
site
for
4
the
facility.
The
local
committee
may
inspect
the
facility
5
during
operation
and
may
make
recommendations
regarding
the
6
operation
and
closure
of
the
facility.
The
commission
shall
7
establish
a
surtax
paid
by
the
lessee
or
operator
of
a
facility
8
to
the
local
governmental
entity,
and
retained
by
the
local
9
governmental
entity
in
which
the
facility
is
located.
The
10
lessee
or
operator
of
the
facility
shall
provide
funding
for
11
the
implementation
of
the
duties
of
the
local
committee.
12
5.
The
lessee
or
operator
is
subject
to
all
applicable
13
permit
and
licensing
requirements.
The
leasehold
interest,
14
including
improvements
made
to
the
property,
shall
be
listed,
15
assessed,
and
valued
as
any
other
real
property
as
provided
by
16
law.
17
6.
a.
Facilities
acquired
or
operated
pursuant
to
this
18
section
shall
comply
with
applicable
federal
and
state
19
statutes,
local
ordinances,
and
regulations
adopted
by
20
regulatory
agencies
to
the
extent
required
by
law.
21
The
purchase,
condemnation,
use,
or
lease
of
land
for
the
22
management
of
wastes,
shall
be
approved
by
the
general
assembly
23
prior
to
the
purchase,
condemnation,
use,
or
lease
of
the
land.
24
b.
Facilities
acquired
or
operated
pursuant
to
this
section
25
may
be
used
for
regional,
statewide
or
multistate
management
26
of
wastes.
27
c.
Facilities
acquired
or
operated
pursuant
to
this
section
28
shall
not
be
used
for
the
purpose
of
shallow
land
burial
of
29
wastes
as
a
means
of
disposal.
30
7.
An
operator
of
a
facility
acquired
or
operated
pursuant
31
to
this
section
shall
require
that
a
person,
prior
to
the
use
32
of
the
facility,
submit
proof
that
reasonable
and
good
faith
33
measures
have
been
taken
to
reduce
the
generation
of
waste.
34
8.
A
hazardous
waste
facility
acquired
or
operated
pursuant
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to
this
section
shall
be
operated
in
accordance
with
the
1
following
schedule:
2
1.
a.
The
initial
fee
paid
by
a
person
depositing
hazardous
3
waste
at
the
facility
shall
be
increased
by
ten
percent
per
ton
4
upon
receipt
of
twenty-five
percent
of
the
waste
capacity
of
5
the
facility.
6
2.
b.
The
initial
fee
paid
by
a
person
depositing
hazardous
7
waste
at
the
facility
shall
be
increased
by
twenty-five
percent
8
per
ton
upon
receipt
of
fifty
percent
of
the
waste
capacity
of
9
the
facility.
10
3.
c.
Upon
receipt
of
fifty
percent
of
the
waste
capacity
11
of
the
facility,
the
receipt
of
waste
shall
be
limited
to
12
hazardous
waste
generated
within
the
state
of
Iowa.
If
an
13
agreement
has
been
established
between
the
owner
or
operator
of
14
the
hazardous
waste
facility
and
an
out-of-state
generator
of
15
hazardous
waste,
this
limitation
is
null
and
void.
16
Sec.
81.
Section
459.501,
subsection
5,
paragraph
b,
Code
17
Supplement
2011,
is
amended
to
read
as
follows:
18
b.
The
department
of
natural
resources
shall
credit
an
19
amount
to
the
fund
from
which
the
expense
authorized
by
the
20
executive
council
as
provided
in
paragraph
“a”
was
appropriated
21
which
is
equal
to
an
amount
allocated
authorized
for
payment
22
to
support
the
livestock
remediation
fund
by
the
executive
23
council
under
paragraph
“a”
.
However,
the
department
shall
only
24
be
required
to
credit
the
moneys
to
such
fund
if
the
moneys
25
in
the
livestock
remediation
fund
which
are
not
obligated
or
26
encumbered,
and
not
counting
the
department’s
estimate
of
27
the
cost
to
the
livestock
remediation
fund
for
pending
or
28
unsettled
claims,
the
amount
to
be
allocated
to
the
department
29
of
agriculture
and
land
stewardship,
and
any
amount
required
to
30
be
transferred
to
the
fund
from
which
appropriated
as
described
31
in
this
paragraph,
are
in
excess
of
two
million
five
hundred
32
thousand
dollars.
The
department
is
not
required
to
credit
the
33
total
amount
to
the
fund
from
which
appropriated
as
described
34
in
this
paragraph
during
any
one
fiscal
year.
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Sec.
82.
Section
459.502,
subsection
2,
Code
Supplement
1
2011,
is
amended
to
read
as
follows:
2
2.
The
department
shall
deposit
moneys
collected
from
3
the
fees
into
the
livestock
remediation
fund
according
to
4
procedures
adopted
by
the
department.
5
Sec.
83.
Section
461A.80,
Code
Supplement
2011,
is
amended
6
to
read
as
follows:
7
461A.80
Public
outdoor
recreation
and
resources
advisory
8
council.
9
1.
An
advisory
council
for
public
outdoor
recreation
and
10
resources
appropriations
made
for
the
purposes
of
section
11
461A.79
is
created.
The
council
shall
consist
of
a
public
12
member
appointed
by
the
governor
from
each
congressional
13
district,
the
chairperson
of
the
commission,
the
director,
and
14
a
designee
of
the
economic
development
authority.
15
2.
Each
county
conservation
board
of
those
counties
which
16
are
located
in
a
congressional
district
shall
nominate
one
17
person
from
the
congressional
district
for
appointment
to
the
18
advisory
council.
The
commission
shall
compile
a
list
of
19
the
nominations
of
the
county
conservation
boards
for
each
20
congressional
district
and
shall
provide
this
list
to
the
21
governor.
The
governor
shall
appoint
one
member
from
each
22
congressional
district
from
the
nominations
as
provided.
23
Appointments
shall
be
made
for
three-year
terms
beginning
July
24
1
in
the
year
of
appointment.
A
person
shall
not
serve
more
25
than
two
terms.
A
vacancy
shall
be
filled
for
the
unexpired
26
term
in
the
same
manner
as
the
original
appointment
was
made.
27
3.
No
more
than
three
public
members
shall
belong
to
the
28
same
political
party.
The
council
shall
elect
a
chairperson
29
annually
from
among
the
council’s
members,
and
the
director
30
shall
serve
as
council
secretary.
Persons
already
serving
in
31
an
elected
or
appointed
governmental
capacity
are
not
eligible
32
to
serve
as
council
members.
33
2.
4.
The
advisory
council
shall
meet
annually,
in
July,
34
and
upon
the
call
of
the
chairperson
of
the
advisory
council.
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The
advisory
council
shall
make
policy
recommendations
to
1
the
commission
regarding
the
projects
and
programs
to
be
2
funded
from
funds
available
for
public
outdoor
recreation
and
3
resources
from
appropriations
made
for
the
purposes
of
section
4
461A.79
.
5
3.
Each
county
conservation
board
of
those
counties
which
6
are
located
in
a
congressional
district
shall
nominate
one
7
person
from
the
congressional
district
for
appointment
to
the
8
advisory
council.
The
commission
shall
compile
a
list
of
9
the
nominations
of
the
county
conservation
boards
for
each
10
congressional
district
and
shall
provide
this
list
to
the
11
governor.
The
governor
shall
appoint
one
member
from
each
12
congressional
district
from
the
nominations
as
provided.
13
Appointments
shall
be
made
for
three-year
terms
beginning
July
14
1
in
the
year
of
appointment.
A
person
shall
not
serve
more
15
than
two
terms.
A
vacancy
shall
be
filled
for
the
unexpired
16
term
in
the
same
manner
as
the
original
appointment
was
made.
17
5.
The
public
members
of
the
advisory
council
shall
be
18
reimbursed
for
actual
and
necessary
expenses
for
each
day
19
employed
in
the
official
discharge
of
their
duties.
The
20
expenses
shall
be
paid
from
the
administration
fund
of
the
21
commission.
Each
member
of
the
council
may
also
be
eligible
to
22
receive
compensation
as
provided
in
section
7E.6
.
23
Sec.
84.
Section
462A.2,
subsection
24,
Code
Supplement
24
2011,
is
amended
to
read
as
follows:
25
24.
“Operate”
means
to
navigate
or
otherwise
use
a
vessel
or
26
motorboat.
For
the
purposes
of
section
462A.12,
subsection
27
2
,
sections
462A.14
,
462A.14A
,
462A.14B
,
462A.14C
,
462A.14D
,
28
and
462A.14E
,
and
section
462A.23,
subsection
2
,
paragraph
29
“b”
,
“operate”
,
when
used
in
reference
to
a
motorboat,
means
30
the
motorboat
is
powered
by
a
motor
which
is
running,
and
when
31
used
in
reference
to
a
sailboat,
means
the
sailboat
is
either
32
powered
by
a
motor
which
is
running,
or
the
sailboat
is
under
33
way
and
has
sails
hoisted
and
is
not
propelled
by
a
motor
,
and
34
is
under
way
.
35
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Sec.
85.
Section
465A.2,
subsection
1,
paragraph
b,
1
unnumbered
paragraph
1,
Code
Supplement
2011,
is
amended
to
2
read
as
follows:
3
Prepare
a
statewide,
long-range
plan
for
the
acquisition
4
and
protection
of
significant
open
space
lands
throughout
the
5
state
as
identified
in
section
465A.1
.
The
department
of
6
transportation,
department
of
economic
development
authority
,
7
and
department
of
cultural
affairs,
private
organizations,
8
county
conservation
boards,
city
park
and
recreation
9
departments,
and
the
federal
agencies
with
lands
in
the
state
10
shall
be
directly
involved
in
preparing
the
plan.
The
plan
11
shall
include,
but
is
not
limited
to,
the
following
elements:
12
Sec.
86.
Section
466B.3,
subsection
4,
paragraph
m,
Code
13
Supplement
2011,
is
amended
by
striking
the
paragraph.
14
Sec.
87.
Section
468.221,
subsection
2,
paragraph
b,
Code
15
Supplement
2011,
is
amended
to
read
as
follows:
16
b.
If
the
written
communication
is
to
be
delivered
to
a
17
local
government,
it
may
be
delivered
to
the
governing
body
of
18
the
local
government.
The
written
communication
may
also
be
19
delivered
to
a
person
designated
by
the
governing
body.
As
20
used
in
this
paragraph
section
,
“local
government”
includes
21
a
county,
city,
township,
or
any
special
purpose
district
or
22
authority.
23
Sec.
88.
Section
473.1,
subsections
1
and
6,
Code
Supplement
24
2011,
are
amended
to
read
as
follows:
25
1.
“Alternative
and
renewable
energy”
means
the
same
26
as
in
section
469.31
energy
sources
including
but
not
27
limited
to
solar,
wind
turbine,
waste
management,
resource
28
recovery,
recovered
energy
generation,
refuse-derived
fuel,
29
hydroelectric,
agricultural
crops
or
residues,
hydrogen
30
produced
using
renewable
fuel
sources,
and
woodburning,
or
31
relating
to
renewable
fuel
development
and
distribution
.
32
6.
“Renewable
fuel”
means
the
same
as
in
section
469.31
a
33
fuel
that
is
all
of
the
following:
34
a.
A
motor
vehicle
fuel
that
is
any
of
the
following:
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(1)
Produced
from
grain;
starch;
oilseed;
vegetable,
1
animal,
or
fish
materials,
including
but
not
limited
to
fats,
2
greases,
and
oil;
sugar
components,
grasses,
or
potatoes;
or
3
other
biomass.
4
(2)
Natural
gas
produced
from
a
biogas
source
including
5
but
not
limited
to
a
landfill,
sewage
waste
treatment
plant,
6
animal
feeding
operation,
or
other
place
where
decaying
organic
7
material
is
found.
8
b.
Used
to
replace
or
reduce
the
quantity
of
fossil
fuel
9
present
in
a
motor
fuel
mixture
used
to
operate
a
motor
10
vehicle
.
11
Sec.
89.
Section
473.7,
subsection
2,
Code
Supplement
2011,
12
is
amended
to
read
as
follows:
13
2.
The
authority
shall
collect
Collect
and
analyze
data
14
to
use
in
forecasting
future
energy
demand
and
supply
for
15
the
state.
A
supplier
is
required
to
provide
information
16
pertaining
to
the
supply,
storage,
distribution,
and
sale
of
17
energy
sources
in
this
state
when
requested
by
the
authority.
18
The
information
shall
be
of
a
nature
which
directly
relates
19
to
the
supply,
storage,
distribution,
and
sale
of
energy
20
sources,
and
shall
not
include
any
records,
documents,
books,
21
or
other
data
which
relate
to
the
financial
position
of
the
22
supplier.
The
authority,
prior
to
requiring
any
supplier
to
23
furnish
it
with
such
information,
shall
make
every
reasonable
24
effort
to
determine
if
such
information
is
available
from
any
25
other
governmental
source.
If
it
finds
such
information
is
26
available,
the
authority
shall
not
require
submission
of
the
27
information
from
a
supplier.
Notwithstanding
the
provisions
of
28
chapter
22
,
information
and
reports
obtained
under
this
section
29
shall
be
confidential
except
when
used
for
statistical
purposes
30
without
identifying
a
specific
supplier
and
when
release
of
31
the
information
will
not
give
an
advantage
to
competitors
and
32
serves
a
public
purpose.
The
authority
shall
use
this
data
to
33
conduct
energy
forecasts.
34
Sec.
90.
Section
473.10,
subsection
4,
Code
Supplement
35
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2011,
is
amended
to
read
as
follows:
1
4.
The
director
authority
shall
adopt
rules
to
implement
2
this
section
.
3
Sec.
91.
Section
476.1C,
subsection
1,
Code
2011,
is
amended
4
to
read
as
follows:
5
1.
Gas
public
utilities
having
fewer
than
two
thousand
6
customers
are
:
7
a.
Are
not
subject
to
the
regulation
authority
of
8
the
utilities
board
under
this
chapter
unless
otherwise
9
specifically
provided.
Sections
476.10
,
476.20
,
476.21
,
and
10
476.51
apply
to
such
gas
utilities.
11
b.
Gas
public
utilities
having
fewer
than
two
thousand
12
customers
shall
Shall
be
subject
to
the
assessment
of
fees
13
for
the
support
of
the
Iowa
energy
center
created
in
section
14
266.39C
and
the
center
for
global
and
regional
environmental
15
research
created
by
the
state
board
of
regents
and
shall
file
16
energy
efficiency
plans
and
energy
efficiency
results
with
17
the
board.
The
energy
efficiency
plans
as
a
whole
shall
be
18
cost-effective.
The
board
may
waive
all
or
part
of
the
energy
19
efficiency
filing
requirements
if
the
gas
utility
demonstrates
20
superior
results
with
existing
energy
efficiency
efforts.
21
c.
Gas
public
utilities
having
fewer
than
two
thousand
22
customers
shall
Shall
keep
books,
accounts,
papers
and
records
23
accurately
and
faithfully
in
the
manner
and
form
prescribed
by
24
the
board.
The
board
may
inspect
the
accounts
of
the
utility
25
at
any
time.
26
d.
(1)
A
gas
public
utility
having
fewer
than
two
thousand
27
customers
may
May
make
effective
a
new
or
changed
rate,
28
charge,
schedule,
or
regulation
after
giving
written
notice
29
of
the
proposed
new
or
changed
rate,
charge,
schedule,
or
30
regulation
to
all
affected
customers
served
by
the
public
31
utility.
The
notice
shall
inform
the
customers
of
their
right
32
to
petition
for
a
review
of
the
proposal
to
the
utilities
33
board
within
sixty
days
after
notice
is
served
if
the
petition
34
contains
the
signatures
of
at
least
one
hundred
of
the
gas
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utility’s
customers.
The
notice
shall
state
the
address
of
the
1
utilities
board.
The
new
or
changed
rate,
charge,
schedule,
or
2
regulation
takes
effect
sixty
days
after
such
valid
notice
is
3
served
unless
a
petition
for
review
of
the
new
or
changed
rate,
4
charge,
schedule,
or
regulation
signed
by
at
least
one
hundred
5
of
the
gas
utility’s
customers
is
filed
with
the
board
prior
to
6
the
expiration
of
the
sixty-day
period.
7
(2)
If
such
a
valid
petition
is
filed
with
the
board
8
within
the
sixty-day
period,
any
new
or
changed
rate,
charge,
9
schedule,
or
regulation
shall
take
effect,
under
bond
or
10
corporate
undertaking,
subject
to
refund
of
all
amounts
11
collected
in
excess
of
those
amounts
which
would
have
been
12
collected
under
the
rates
or
charges
finally
approved
by
the
13
board.
The
board
shall
within
five
months
of
the
date
of
14
filing
make
a
determination
of
just
and
reasonable
rates
based
15
on
a
review
of
the
proposal,
applying
established
regulatory
16
principles.
The
board
may
call
upon
the
gas
public
utility
17
and
its
customers
to
furnish
factual
evidence
in
support
of
or
18
opposition
to
the
new
or
changed
rate,
charge,
schedule,
or
19
regulation.
If
the
gas
public
utility
disputes
the
finding,
20
the
utility
may
within
twenty
days
file
for
further
review,
and
21
the
board
shall
docket
the
case
as
a
formal
proceeding
under
22
section
476.6,
subsection
4
,
and
set
the
case
for
hearing.
The
23
gas
public
utility
shall
submit
factual
evidence
and
written
24
argument
in
support
of
the
filing.
25
e.
A
gas
public
utility
having
fewer
than
two
thousand
26
customers
shall
Shall
not
make
effective
a
new
or
changed
rate,
27
charge,
schedule,
or
regulation
which
relates
to
services
for
28
which
a
rate
change
is
pending
within
twelve
months
following
29
the
date
the
petition
to
review
the
prior
proposed
rate,
30
charge,
schedule,
or
regulation
was
filed
with
the
board
31
or
until
the
board
has
made
its
determination
of
just
and
32
reasonable
rates,
whichever
date
is
earlier,
unless
the
utility
33
applies
to
the
board
for
authority
and
receives
authority
to
34
make
a
subsequent
rate
change
at
an
earlier
date.
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f.
Gas
public
utilities
having
fewer
than
two
thousand
1
customers
shall
Shall
not
make
or
grant
any
unreasonable
2
preferences
or
advantages
as
to
rates
or
services
to
any
3
person
or
subject
any
person
to
any
unreasonable
prejudice
4
or
disadvantage.
Rates
charged
by
a
gas
public
utility
5
having
less
than
two
thousand
customers
for
transportation
of
6
customer-owned
gas
shall
not
exceed
the
actual
cost
of
such
7
transportation
services
including
a
fair
rate
of
return.
8
Sec.
92.
Section
476C.4,
subsection
4,
paragraph
b,
9
subparagraph
(2),
Code
Supplement
2011,
is
amended
to
read
as
10
follows:
11
(2)
The
applicant
shall,
in
the
application
made
under
this
12
section
,
identify
the
equity
holders
or
beneficiaries
that
13
are
to
receive
the
tax
credit
certificates
and
the
percentage
14
of
the
tax
credit
that
is
allocable
to
each
equity
holder
or
15
beneficiary.
16
Sec.
93.
Section
483A.24,
subsection
1,
Code
Supplement
17
2011,
is
amended
to
read
as
follows:
18
1.
Owners
or
tenants
of
land,
and
their
juvenile
minor
19
children,
may
hunt,
fish
or
trap
upon
such
lands
and
may
shoot
20
by
lawful
means
ground
squirrels,
gophers,
or
woodchucks
upon
21
adjacent
roads
without
securing
a
license
so
to
do;
except,
22
special
licenses
to
hunt
deer
and
wild
turkey
shall
be
required
23
of
owners
and
tenants
but
they
shall
not
be
required
to
have
a
24
special
wild
turkey
hunting
license
to
hunt
wild
turkey
on
a
25
hunting
preserve
licensed
under
chapter
484B
.
26
Sec.
94.
Section
483A.24,
subsection
2,
paragraph
a,
27
subparagraph
(3),
subparagraph
division
(b),
Code
Supplement
28
2011,
is
amended
to
read
as
follows:
29
(b)
An
“owner”
does
not
mean
a
person
who
owns
a
farm
unit
30
and
who
employs
a
farm
manager
or
third
party
to
operate
the
31
farm
unit,
or
a
person
who
owns
a
farm
unit
and
who
rents
the
32
entire
farm
unit
to
a
tenant
who
is
responsible
for
all
farm
33
operations.
However,
this
paragraph
subparagraph
division
does
34
not
apply
to
an
owner
who
is
a
parent
of
the
tenant
and
who
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resides
in
this
state.
1
Sec.
95.
Section
496B.12,
Code
Supplement
2011,
is
amended
2
to
read
as
follows:
3
496B.12
Articles
amended.
4
1.
The
articles
of
incorporation
of
any
development
5
corporation
may
be
amended
by
the
votes
of
the
shareholders
and
6
the
members
thereof
voting
separately
by
classes.
7
2.
Any
amendment
shall
require
approval
by
the
affirmative
8
vote
of
two-thirds
of
the
votes
to
which
the
shareholders
shall
9
be
entitled
and
two-thirds
of
the
votes
to
which
the
members
10
shall
be
entitled.
No
amendment,
however,
shall
be
made
11
which:
(1)
12
a.
is
Is
inconsistent
with
this
chapter
;
.
(2)
13
b.
authorizes
Authorizes
any
additional
class
or
classes
of
14
shares
of
capital
stock
;
.
(3)
15
c.
eliminates
Eliminates
or
curtails
the
authority
of
the
16
authority
with
respect
to
the
corporation.
17
3.
Without
the
consent
of
each
of
the
members
affected,
no
18
amendment
shall
be
made
which
does
any
of
the
following
:
(1)
19
a.
increases
Increases
the
obligation
of
a
member
to
make
20
loans
to
the
corporation
;
.
(2)
21
b.
makes
Makes
any
change
in
the
principal
amount,
interest
22
rate,
maturity
date,
or
in
the
security
or
credit
position
of
23
any
outstanding
loan
of
a
member
to
the
corporation
;
.
(3)
24
c.
affects
Affects
a
member’s
right
to
withdraw
from
25
membership,
as
provided
herein
,
or
.
(4)
26
d.
affects
Affects
a
member’s
voting
rights
in
the
27
corporation.
28
4.
Within
thirty
days
after
any
meeting
at
which
amendment
29
of
any
such
articles
has
been
adopted,
articles
of
amendment
30
signed
and
sworn
to
by
the
president,
secretary,
and
majority
31
of
the
directors,
setting
forth
such
amendment
and
the
due
32
adoption
thereof,
shall
be
submitted
to
the
director
of
the
33
authority
who
shall
examine
them,
and
if
the
director
finds
34
that
they
conform
to
the
requirements
of
this
chapter
,
shall
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so
certify
and
endorse
the
director’s
approval
thereof.
1
Thereupon,
the
articles
of
amendment
shall
be
filed
in
the
2
office
of
the
secretary
of
state
in
the
manner
set
forth
and
3
as
provided
in
the
Iowa
business
corporation
Act,
chapter
490
,
4
and
no
such
amendment
shall
take
effect
until
such
articles
of
5
amendment
shall
have
been
approved
and
filed
as
aforesaid.
6
5.
Within
sixty
days
after
the
effective
date
of
any
7
legislative
amendment
affecting
the
rights
and
obligations
8
of
the
members
and
shareholders
or
otherwise
affecting
the
9
articles
of
incorporation,
the
approval
of
such
legislative
10
amendments
shall
be
voted
on
by
the
shareholders
and
the
11
members
of
the
development
corporation
at
a
meeting
duly
12
called
for
that
purpose.
If
such
legislative
amendment
is
not
13
approved
by
the
affirmative
vote
of
two-thirds
of
the
votes
to
14
which
such
shareholders
shall
be
entitled
and
two-thirds
of
the
15
votes
to
which
such
members
shall
be
entitled,
any
such
member
16
voting
against
the
approval
of
such
legislative
amendment
shall
17
have
the
right
to
withdraw
from
membership
as
provided
in
this
18
chapter
.
19
6.
Within
thirty
days
after
any
meeting
at
which
a
20
legislative
amendment
affecting
the
articles
of
incorporation
21
of
a
development
corporation
has
been
voted
on,
a
certificate
22
filed
and
sworn
to
by
the
secretary
or
other
recording
officer
23
of
such
corporation
setting
forth
the
action
taken
at
such
24
meeting
with
respect
to
such
amendment
shall
be
submitted
to
25
the
director
of
the
authority
and
upon
receipt
of
such
approval
26
shall
be
filed
in
the
office
of
the
secretary
of
state.
27
Sec.
96.
Section
501A.504,
subsection
4,
Code
Supplement
28
2011,
is
amended
to
read
as
follows:
29
4.
Filing.
An
amendment
of
the
articles
shall
be
filed
with
30
the
secretary
as
required
in
section
501A.201
.
The
amendment
31
is
effective
as
provided
in
subchapter
II
.
After
an
amendment
32
to
the
articles
of
organization
has
been
adopted
and
approved
33
in
the
manner
required
by
this
chapter
and
by
the
articles
of
34
organization,
the
cooperative
shall
deliver
to
the
secretary
of
35
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state
for
filing
articles
of
amendment
which
shall
set
forth
1
all
of
the
following:
2
a.
The
name
of
the
cooperative.
3
b.
The
text
of
each
amendment
adopted.
4
c.
The
date
of
each
amendment’s
adoption.
5
d.
(1)
If
the
amendment
was
adopted
by
the
directors
or
6
members
,
a
statement
that
the
amendment
was
duly
adopted
in
7
the
manner
required
by
this
chapter
and
by
the
articles
of
8
organization
and
that
members’
adoption
was
not
required.
9
e.
(2)
If
an
amendment
required
adoption
by
the
members,
a
10
statement
that
the
amendment
was
duly
adopted
by
the
members
11
in
the
manner
required
by
this
chapter
and
by
the
articles
of
12
organization.
13
Sec.
97.
Section
507B.7,
subsection
1,
paragraph
a,
Code
14
Supplement
2011,
is
amended
to
read
as
follows:
15
a.
Payment
of
a
civil
penalty
of
not
more
than
one
thousand
16
dollars
for
each
act
or
violation
of
this
subtitle,
but
not
17
to
exceed
an
aggregate
of
ten
thousand
dollars,
unless
the
18
person
knew
or
reasonably
should
have
known
the
person
was
in
19
violation
of
this
subtitle,
in
which
case
the
penalty
shall
be
20
not
more
than
five
thousand
dollars
for
each
act
or
violation,
21
but
not
to
exceed
an
aggregate
penalty
of
fifty
thousand
22
dollars
in
any
one
six-month
period.
If
the
commissioner
finds
23
that
a
violation
of
this
subtitle
was
directed,
encouraged,
24
condoned,
ignored,
or
ratified
by
the
employer
of
the
person
25
or
by
an
insurer,
the
commissioner
shall
also
assess
a
fine
26
penalty
to
the
employer
or
insurer.
27
Sec.
98.
Section
509.3,
subsection
1,
paragraph
d,
Code
28
2011,
is
amended
to
read
as
follows:
29
d.
A
provision
that
if
the
insurance
on
a
person
or
30
insurance
on
a
person
and
the
person’s
dependents
covered
by
31
the
policy
ceases
because
of
termination
of
employment
or
of
32
membership
in
the
class,
the
person
and
the
person’s
dependents
33
may
continue
their
accident
or
health
insurance
under
the
34
group
policy
and
may
subsequently
apply
for
a
converted
policy
35
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H.F.
_____
without
evidence
of
insurability,
as
provided
in
chapter
509B
.
1
Sec.
99.
Section
514J.108,
subsection
1,
paragraph
c,
Code
2
Supplement
2011,
is
amended
to
read
as
follows:
3
c.
A
final
adverse
determination
that
concerns
an
admission,
4
availability
of
care,
continued
stay,
or
health
care
service
5
for
which
the
covered
person
received
emergency
services,
and
6
the
covered
person
has
not
been
discharged
from
a
facility.
7
Sec.
100.
Section
515C.2,
subsection
1,
Code
2011,
is
8
amended
to
read
as
follows:
9
1.
An
insurer,
in
order
to
qualify
for
writing
mortgage
10
guaranty
insurance,
must
have
the
same
surplus
to
policyholders
11
as
that
required
of
a
multiple
line
company
by
section
515.49,
12
subsection
8
515.8
.
13
Sec.
101.
Section
523C.13,
subsection
1,
Code
Supplement
14
2011,
is
amended
to
read
as
follows:
15
1.
Payment
of
a
civil
penalty
of
not
more
than
one
thousand
16
dollars
for
each
and
every
act
or
violation,
but
not
to
exceed
17
an
aggregate
of
ten
thousand
dollars,
unless
the
person
knew
18
or
reasonably
should
have
known
the
person
was
in
violation
of
19
this
section
,
in
which
case
the
penalty
shall
be
not
more
than
20
five
thousand
dollars
for
each
and
every
act
or
violation,
but
21
not
to
exceed
an
aggregate
penalty
of
fifty
thousand
dollars
22
in
any
one
six-month
period.
The
commissioner
shall,
if
it
23
finds
the
violations
of
this
section
were
directed,
encouraged,
24
condoned,
ignored,
or
ratified
by
the
employer
of
such
person,
25
assess
such
fine
penalty
to
the
employer
and
not
such
person.
26
Any
civil
penalties
collected
under
this
subsection
shall
be
27
deposited
as
provided
in
section
505.7
.
28
Sec.
102.
Section
524.904,
subsection
3,
paragraph
c,
Code
29
Supplement
2011,
is
amended
to
read
as
follows:
30
c.
Shipping
documents
or
instruments
that
secure
title
31
to
or
give
a
first
lien
on
livestock.
At
inception,
the
32
current
value
of
the
livestock
securing
the
loans
must
equal
33
at
least
one
hundred
percent
of
the
amount
of
the
outstanding
34
loans
and
extensions
of
credit.
For
purposes
of
this
section
,
35
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_____
“livestock”
includes
dairy
and
beef
cattle,
hogs,
sheep,
and
1
poultry,
whether
or
not
held
for
resale.
For
livestock
held
2
for
resale,
current
value
means
the
price
listed
for
livestock
3
in
a
regularly
published
listing
or
actual
purchase
price
4
established
by
invoice.
For
livestock
not
held
for
resale,
5
the
value
shall
be
determined
by
the
local
slaughter
price.
6
The
state
bank
must
maintain
in
its
files
evidence
of
purchase
7
or
an
inspection
and
valuation
for
the
livestock
pledged
that
8
is
reasonably
current,
taking
into
account
the
nature
and
9
frequency
of
turnover
of
the
livestock
to
which
the
documents
10
relate.
11
Sec.
103.
Section
524.904,
subsection
5,
paragraph
c,
Code
12
Supplement
2011,
is
amended
to
read
as
follows:
13
c.
To
demonstrate
compliance
with
this
subsection
,
a
state
14
bank
shall
maintain
in
its
files,
at
a
minimum,
all
of
the
15
following:
16
(1)
Documentation
demonstrating
the
current
ownership
of
17
the
borrowing
entity.
18
(2)
Documentation
identifying
the
persons
who
have
voting
19
rights
in
the
borrowing
entity.
20
(3)
Documentation
identifying
the
board
of
directors
and
21
senior
management
of
the
borrowing
entity.
22
(4)
The
state
bank’s
assessment
of
the
borrowing
entity’s
23
means
of
servicing
the
loan
or
extension
of
credit,
including
24
specific
reasons
in
support
of
that
assessment.
The
assessment
25
shall
include
an
analysis
of
the
borrowing
entity’s
financial
26
history,
its
present
and
projected
economic
and
financial
27
performance,
and
the
significance
of
any
financial
support
28
provided
to
the
borrowing
entity
by
members
of
the
borrowing
29
group
and
third
parties.
30
Sec.
104.
Section
524.904,
subsection
7,
paragraph
m,
Code
31
Supplement
2011,
is
amended
to
read
as
follows:
32
m.
A
renewal
or
restructuring
of
a
loan
as
a
new
loan
or
33
extension
of
credit
following
the
exercise
by
a
state
bank
of
34
reasonable
efforts,
consistent
with
safe
and
sound
banking
35
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H.F.
_____
practices,
to
bring
the
loan
into
conformance
with
the
lending
1
limit,
unless
new
funds
are
advanced
by
the
state
bank
to
2
the
borrower
or
unless
a
new
borrower
replaces
the
original
3
borrower
or
unless
the
superintendent
determines
that
the
4
renewal
or
restructuring
was
undertaken
as
a
means
to
evade
the
5
state
bank’s
lending
limit.
6
Sec.
105.
Section
568.16,
Code
Supplement
2011,
is
amended
7
to
read
as
follows:
8
568.16
Purchase
money
refunded.
9
If
the
grantee
of
the
state,
or
the
grantee’s
successors,
10
administrators,
or
assigns,
shall
be
deprived
of
the
land
11
conveyed
by
the
state
under
this
chapter
by
the
final
decree
12
of
a
court
of
record
for
the
reason
that
the
conveyance
by
13
the
state
did
not
pass
title
to
the
land
described,
because
14
title
to
the
land
had
previously
for
any
reason
been
vested
15
in
others,
then
the
money
paid
by
to
the
state
for
the
land
16
shall
be
refunded
by
the
state
to
the
person
or
persons
17
entitled
to
the
refund,
provided
the
grantee,
or
the
grantee’s
18
successors,
administrators,
or
assigns,
shall
file
a
certified
19
copy
of
the
transcript
of
the
final
decree
with
the
executive
20
council
within
one
year
from
the
date
of
the
issuance
of
21
such
decree,
and
shall
also
file
satisfactory
proof
with
the
22
executive
council
that
the
action
over
the
title
to
the
land
23
was
commenced
within
ten
years
from
the
date
of
the
issuance
of
24
patent
or
deed
by
the
state.
The
amount
of
money
to
be
refunded
25
under
the
provisions
of
this
section
shall
be
authorized
26
and
paid
by
the
executive
council
as
an
expense
from
the
27
appropriations
addressed
in
section
7D.29.
28
Sec.
106.
Section
602.9202,
subsection
4,
Code
2011,
is
29
amended
to
read
as
follows:
30
4.
“Senior
judge
retirement
age”
means
seventy-eight
years
31
of
age
or,
if
the
senior
judge
is
reappointed
as
a
senior
32
judge
for
an
additional
two-year
one-year
term
upon
attaining
33
seventy-eight
years
of
age
pursuant
to
section
602.9203
,
eighty
34
years
of
age.
35
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H.F.
_____
Sec.
107.
Section
631.17,
subsection
4,
Code
Supplement
1
2011,
is
amended
to
read
as
follows:
2
4.
The
district
court
shall
dismiss
any
case
subsequently
3
brought
directly
or
indirectly
by
a
person
subject
to
a
bar
4
pursuant
to
subsection
1
in
violation
of
that
subsection
and
5
shall
assess
all
costs
to
that
person,
and
the
court
shall
6
assess
a
further
civil
fine
penalty
of
one
hundred
dollars
7
against
that
person
for
each
such
case
dismissed.
8
Sec.
108.
Section
633.3,
subsection
8,
Code
Supplement
9
2011,
is
amended
to
read
as
follows:
10
8.
Costs
of
administration
——
includes
court
costs,
11
fiduciary’s
fees,
attorney
fees,
all
appraisers’
fees,
premiums
12
on
corporate
surety
bonds,
statutory
allowance
for
support
13
of
surviving
spouse
and
children,
cost
of
continuation
of
14
abstracts
of
title,
recording
fees,
transfer
fees,
transfer
15
taxes,
agents’
fees
allowed
by
order
of
court,
interest
16
expense,
including,
but
not
limited
to,
interest
payable
on
17
extension
of
federal
and
state
estate
tax,
and
all
other
fees
18
and
expenses
allowed
by
order
of
court
in
connection
with
19
the
administration
of
the
estate.
Court
costs
shall
include
20
expenses
of
selling
property.
21
Sec.
109.
Section
633A.3106,
subsection
2,
Code
Supplement
22
2011,
is
amended
to
read
as
follows:
23
2.
For
the
purposes
of
this
section
,
a
child
born
after
the
24
death
of
the
settlor
who
would
have
been
entitled
to
a
share
25
of
the
settlor’s
probate
estate
pursuant
to
section
633.267
26
shall
be
treated
as
a
child
of
the
settlor
for
purposes
of
this
27
section
.
28
Sec.
110.
Section
655A.3,
subsection
1,
paragraph
b,
Code
29
2011,
is
amended
to
read
as
follows:
30
b.
The
notice
shall
contain
the
following
in
capital
letters
31
of
the
same
type
or
print
size
as
the
rest
of
the
notice:
32
WITHIN
THIRTY
DAYS
AFTER
YOUR
RECEIPT
OF
THIS
NOTICE,
YOU
33
MUST
EITHER
CURE
THE
DEFAULTS
DESCRIBED
IN
THIS
NOTICE
OR
FILE
34
WITH
THE
RECORDER
OF
THE
COUNTY
WHERE
THE
MORTGAGED
PROPERTY
35
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IS
LOCATED
A
REJECTION
OF
THIS
NOTICE
AND
SERVE
A
COPY
OF
YOUR
1
REJECTION
ON
THE
MORTGAGEE
IN
THE
MANNER
PROVIDED
BY
THE
RULES
2
OF
CIVIL
PROCEDURE
FOR
SERVICE
OF
ORIGINAL
NOTICES
IN
SECTION
3
655A.4
.
IF
YOU
WISH
TO
REJECT
THIS
NOTICE,
YOU
SHOULD
CONSULT
4
AN
ATTORNEY
AS
TO
THE
PROPER
MANNER
TO
MAKE
THE
REJECTION.
5
IF
YOU
DO
NOT
TAKE
EITHER
OF
THE
ACTIONS
DESCRIBED
ABOVE
6
WITHIN
THE
THIRTY-DAY
PERIOD,
THE
FORECLOSURE
WILL
BE
COMPLETE
7
AND
YOU
WILL
LOSE
TITLE
TO
THE
MORTGAGED
PROPERTY.
AFTER
THE
8
FORECLOSURE
IS
COMPLETE
THE
DEBT
SECURED
BY
THE
MORTGAGED
9
PROPERTY
WILL
BE
EXTINGUISHED.
10
Sec.
111.
Section
692A.118,
subsections
11
and
12,
Code
11
Supplement
2011,
are
amended
to
read
as
follows:
12
11.
When
the
department
has
a
reasonable
basis
to
believe
13
that
a
sex
offender
has
changed
residence
to
an
unknown
14
location,
has
become
a
fugitive
from
justice,
or
has
otherwise
15
taken
flight,
the
department
shall
make
a
reasonable
effort
to
16
ascertain
the
whereabouts
of
the
offender,
and
if
such
effort
17
fails
to
identify
the
location
of
the
offender,
an
appropriate
18
notice
shall
be
made
on
the
sex
offender
registry
internet
19
site
of
this
state
and
shall
be
transmitted
to
the
national
20
sex
offender
registry.
The
department
shall
notify
other
law
21
enforcement
agencies
as
deemed
appropriate.
22
12.
The
department
shall
notify
Notify
appropriate
law
23
enforcement
agencies
including
the
United
States
marshal
24
service
to
investigate
and
verify
possible
violations.
The
25
department
shall
ensure
any
warrants
for
arrest
are
entered
26
into
the
Iowa
online
warrant
and
articles
system
and
the
27
national
crime
information
center
and
pursue
prosecution
of
28
stated
violations
through
state
or
federal
court.
29
Sec.
112.
Section
714.27,
subsection
2,
paragraph
a,
Code
30
Supplement
2011,
is
amended
to
read
as
follows:
31
a.
The
identity
of
Identifying
information
for
the
person
32
from
whom
the
salvaged
material
was
received
or
purchased,
33
including
name
and
address;
date
of
birth;
Iowa
driver’s
34
license
number,
Iowa
nonoperator’s
identification
card
35
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H.F.
_____
number,
or
social
security
number
in
conjunction
with
photo
1
identification;
sex,
age,
height,
and
race.
2
Sec.
113.
Section
717F.1,
subsection
5,
paragraph
a,
3
subparagraph
(9),
Code
Supplement
2011,
is
amended
by
striking
4
the
subparagraph.
5
Sec.
114.
Section
717F.1,
subsection
5,
paragraph
a,
6
subparagraph
(10),
subparagraph
division
(d),
Code
Supplement
7
2011,
is
amended
to
read
as
follows:
8
(d)
A
member
of
the
family
elapidae,
voperidae
viperidae
,
9
crotalidae,
atractaspidae,
or
hydrophidae
which
are
venomous,
10
including
but
not
limited
to
cobras,
mambas,
coral
snakes,
11
kraits,
adders,
vipers,
rattlesnakes,
copperheads,
pit
vipers,
12
keelbacks,
cottonmouths,
and
sea
snakes.
13
Sec.
115.
Section
717F.8,
subsection
2,
paragraph
j,
Code
14
2011,
is
amended
to
read
as
follows:
15
j.
Fifty
dollars
for
a
member
of
the
family
elapidae,
16
voperidae
viperidae
,
crotalidae,
atractaspidae,
or
hydrophidae
17
which
are
venomous,
including
but
not
limited
to
cobras,
18
mambas,
coral
snakes,
kraits,
adders,
vipers,
rattlesnakes,
19
copperheads,
pit
vipers,
keelbacks,
cottonmouths,
and
sea
20
snakes.
21
Sec.
116.
Section
805.8A,
subsection
13,
paragraph
f,
Code
22
Supplement
2011,
is
amended
to
read
as
follows:
23
f.
For
violations
of
section
327B.1,
subsection
1
or
2
3
,
24
the
scheduled
fine
is
two
hundred
fifty
dollars.
25
Sec.
117.
Section
811.1,
subsection
1,
Code
Supplement
26
2011,
is
amended
to
read
as
follows:
27
1.
A
defendant
awaiting
judgment
of
conviction
and
28
sentencing
following
either
a
plea
or
verdict
of
guilty
of
29
a
class
“A”
felony
,
;
forcible
felony
as
defined
in
section
30
702.11
,
;
any
class
“B”
felony
included
in
section
462A.14
or
31
707.6A
;
any
felony
included
in
section
124.401,
subsection
32
1
,
paragraph
“a”
or
“b”
;
or
a
second
or
subsequent
offense
33
under
section
124.401,
subsection
1
,
paragraph
“c”
;
any
felony
34
punishable
under
section
902.9,
subsection
1
;
any
public
35
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offense
committed
while
detained
pursuant
to
section
229A.5
;
1
or
any
public
offense
committed
while
subject
to
an
order
of
2
commitment
pursuant
to
chapter
229A
.
3
Sec.
118.
Section
907.5,
Code
Supplement
2011,
is
amended
4
to
read
as
follows:
5
907.5
Standards
for
release
on
probation
——
written
reasons.
6
1.
Before
deferring
judgment,
deferring
sentence,
or
7
suspending
sentence,
the
court
first
shall
determine
which
8
option,
if
available,
will
provide
maximum
opportunity
for
9
the
rehabilitation
of
the
defendant
and
protection
of
the
10
community
from
further
offenses
by
the
defendant
and
others.
11
In
making
this
determination,
the
court
shall
consider
all
of
12
the
following:
13
a.
The
age
of
the
defendant
;
the
.
14
b.
The
defendant’s
prior
record
of
convictions
and
prior
15
record
of
deferments
of
judgment
if
any
;
the
.
16
c.
The
defendant’s
employment
circumstances
;
the
.
17
d.
The
defendant’s
family
circumstances
;
the
.
18
e.
The
defendant’s
mental
health
and
substance
abuse
history
19
and
treatment
options
available
in
the
community
and
the
20
correctional
system
;
the
.
21
f.
The
nature
of
the
offense
committed
;
and
such
.
22
g.
Such
other
factors
as
are
appropriate.
23
2.
The
court
shall
file
a
specific
written
statement
of
24
its
reasons
for
and
the
facts
supporting
its
decision
to
defer
25
judgment,
to
defer
sentence,
or
to
suspend
sentence,
and
its
26
decision
on
the
length
of
probation.
27
Sec.
119.
REPEAL.
Section
15.103,
Code
Supplement
2011,
is
28
repealed.
29
Sec.
120.
REPEAL.
Section
135.160,
Code
2011,
is
repealed.
30
Sec.
121.
2011
Iowa
Acts,
chapter
113,
section
45,
is
31
amended
by
striking
the
section
and
inserting
in
lieu
thereof
32
the
following:
33
SEC.
45.
Section
159.20,
subsection
1,
paragraph
j,
Code
34
2011,
is
amended
to
read
as
follows:
35
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j.
Provide
for
the
promotion
and
expansion
of
renewable
1
fuels
and
coproducts,
by
doing
all
of
the
following:
2
j.
(1)
Assist
the
office
of
renewable
fuels
and
coproducts
3
in
administering
the
provisions
of
chapter
159A
,
subchapter
II
.
4
(2)
Assist
the
renewable
fuel
infrastructure
board,
provide
5
for
the
administration
of
the
renewable
fuel
infrastructure
6
programs,
and
provide
for
the
management
of
the
renewable
fuel
7
infrastructure
fund,
as
provided
in
chapter
159A,
subchapter
8
III
.
9
Sec.
122.
2011
Iowa
Acts,
chapter
131,
section
134,
is
10
amended
to
read
as
follows:
11
SEC.
134.
2011
Iowa
Acts,
Senate
File
510,
section
28
27
,
if
12
enacted,
is
amended
to
read
as
follows:
13
SEC.
28.
SEC.
27.
EFFECTIVE
DATE.
The
following
provision
14
of
this
division
of
this
Act
takes
effect
thirty
days
after
15
enactment
,
notwithstanding
section
3.7
of
this
Act
or
thirty
16
days
after
the
enactment
of
2011
Iowa
Acts,
Senate
File
533
,
17
if
enacted,
whichever
is
later
:
18
The
section
of
this
division
of
this
Act
amending
enacting
19
section
124.204,
subsection
4,
paragraph
“ai”,
subparagraphs
20
(1)
through
(4)
.
21
Sec.
123.
2011
Iowa
Acts,
chapter
131,
section
135,
is
22
amended
to
read
as
follows:
23
SEC.
135.
2011
Iowa
Acts,
Senate
File
510,
section
29
28
,
if
24
enacted,
is
amended
to
read
as
follows:
25
SEC.
29.
SEC.
28.
EFFECTIVE
UPON
ENACTMENT.
The
following
26
provision
of
this
division
of
this
Act,
being
deemed
of
27
immediate
importance,
and
notwithstanding
section
3.7
takes
28
effect
upon
enactment
of
this
Act
or
upon
enactment
of
2011
29
Iowa
Acts,
Senate
File
533
,
if
enacted,
whichever
is
later
:
30
The
section
of
this
Act
amending
enacting
section
124.204,
31
subsection
4,
paragraph
“ai”,
subparagraph
(5)
.
32
DIVISION
II
33
INTERNAL
REFERENCES
34
Sec.
124.
Section
7E.5A,
subsection
4,
Code
2011,
is
amended
35
-62-
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_____
to
read
as
follows:
1
4.
As
used
in
this
section
,
“vertical
infrastructure”
means
2
the
same
as
defined
in
section
8.57,
subsection
6
5
,
paragraph
3
“c”
.
4
Sec.
125.
Section
8.22A,
subsection
5,
paragraph
b,
Code
5
Supplement
2011,
is
amended
to
read
as
follows:
6
b.
The
amount
of
revenue
for
the
following
fiscal
year
from
7
gambling
revenues
and
from
interest
earned
on
the
cash
reserve
8
fund
and
the
economic
emergency
fund
to
be
deposited
in
the
9
rebuild
Iowa
infrastructure
fund
under
section
8.57,
subsection
10
6
5
,
paragraph
“e”
.
11
Sec.
126.
Section
8.57A,
subsection
4,
Code
Supplement
12
2011,
is
amended
to
read
as
follows:
13
4.
a.
There
is
appropriated
from
the
rebuild
Iowa
14
infrastructure
fund
for
the
fiscal
year
beginning
July
1,
2013,
15
and
for
each
fiscal
year
thereafter,
the
sum
of
forty-two
16
million
dollars
to
the
environment
first
fund,
notwithstanding
17
section
8.57,
subsection
6
5
,
paragraph
“c”
.
18
b.
There
is
appropriated
from
the
rebuild
Iowa
19
infrastructure
fund
each
fiscal
year
for
the
period
beginning
20
July
1,
2010,
and
ending
June
30,
2012,
the
sum
of
thirty-three
21
million
dollars
to
the
environment
first
fund,
notwithstanding
22
section
8.57,
subsection
6
5
,
paragraph
“c”
.
23
c.
There
is
appropriated
from
the
rebuild
Iowa
24
infrastructure
fund
for
the
fiscal
year
beginning
July
1,
25
2012,
and
ending
June
30,
2013,
the
sum
of
thirty-five
million
26
dollars
to
the
environment
first
fund,
notwithstanding
section
27
8.57,
subsection
6
5
,
paragraph
“c”
.
28
Sec.
127.
Section
8.57C,
subsection
3,
paragraphs
b
through
29
d,
Code
Supplement
2011,
are
amended
to
read
as
follows:
30
b.
There
is
appropriated
from
the
rebuild
Iowa
31
infrastructure
fund
for
the
fiscal
year
beginning
July
1,
2008,
32
and
ending
June
30,
2009,
the
sum
of
seventeen
million
five
33
hundred
thousand
dollars,
and
for
the
fiscal
year
beginning
34
July
1,
2009,
and
ending
June
30,
2010,
the
sum
of
fourteen
35
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84
H.F.
_____
million
five
hundred
twenty-five
thousand
dollars
to
the
1
technology
reinvestment
fund,
notwithstanding
section
8.57,
2
subsection
6
5
,
paragraph
“c”
.
3
c.
There
is
appropriated
from
the
rebuild
Iowa
4
infrastructure
fund
for
the
fiscal
year
beginning
July
1,
2010,
5
and
ending
June
30,
2011,
the
sum
of
ten
million
dollars
to
the
6
technology
reinvestment
fund,
notwithstanding
section
8.57,
7
subsection
6
5
,
paragraph
“c”
.
8
d.
There
is
appropriated
from
the
rebuild
Iowa
9
infrastructure
fund
for
the
fiscal
year
beginning
July
1,
10
2011,
and
ending
June
30,
2012,
the
sum
of
fifteen
million,
11
five
hundred
forty-one
thousand
dollars
to
the
technology
12
reinvestment
fund,
notwithstanding
section
8.57,
subsection
6
13
5
,
paragraph
“c”
.
14
Sec.
128.
Section
8A.123,
subsection
1,
Code
2011,
is
15
amended
to
read
as
follows:
16
1.
Activities
of
the
department
shall
be
accounted
17
for
within
the
general
fund
of
the
state,
except
that
the
18
director
may
establish
and
maintain
internal
service
funds
in
19
accordance
with
generally
accepted
accounting
principles,
as
20
defined
in
section
8.57,
subsection
5
4
,
for
activities
of
21
the
department
which
are
primarily
funded
from
billings
to
22
governmental
entities
for
services
rendered
by
the
department.
23
The
establishment
of
an
internal
service
fund
is
subject
to
24
the
approval
of
the
director
of
the
department
of
management
25
and
the
concurrence
of
the
auditor
of
state.
At
least
ninety
26
days
prior
to
the
establishment
of
an
internal
service
fund
27
pursuant
to
this
section
,
the
director
shall
notify
in
writing
28
the
general
assembly,
including
the
legislative
council,
29
legislative
fiscal
committee,
and
the
legislative
services
30
agency.
31
Sec.
129.
Section
12.87,
subsection
1,
paragraph
b,
32
subparagraph
(1),
Code
Supplement
2011,
is
amended
to
read
as
33
follows:
34
(1)
On
or
after
July
1,
2009,
the
treasurer
of
state
may
35
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_____
issue
and
sell
bonds
in
amounts
which
provide
aggregate
net
1
proceeds
of
not
more
than
one
hundred
eighty-five
million
2
dollars
for
capital
projects
which
qualify
as
vertical
3
infrastructure
projects
as
defined
in
section
8.57,
subsection
4
6
5
,
paragraph
“c”
,
to
the
extent
practicable
in
any
fiscal
year
5
and
without
limiting
other
qualifying
capital
expenditures.
6
Sec.
130.
Section
12.89,
subsection
2,
paragraph
b,
Code
7
2011,
is
amended
to
read
as
follows:
8
b.
The
revenues
required
to
be
deposited
into
the
fund
9
pursuant
to
section
8.57,
subsection
6
5
,
paragraph
“e”
,
10
subparagraphs
(1)
and
(2).
11
Sec.
131.
Section
12.89A,
subsection
2,
paragraph
a,
Code
12
Supplement
2011,
is
amended
to
read
as
follows:
13
a.
The
revenues
required
to
be
deposited
in
the
fund
14
pursuant
to
section
8.57,
subsection
6
5
,
paragraph
“e”
,
15
subparagraphs
(1)
and
(2).
16
Sec.
132.
Section
12E.12,
subsection
1,
paragraph
b,
17
subparagraphs
(1)
and
(2),
Code
2011,
are
amended
to
read
as
18
follows:
19
(1)
The
tax-exempt
bond
proceeds
restricted
capital
funds
20
account.
The
net
proceeds
of
tax-exempt
bonds
issued
to
21
provide
funds
for
capital
projects,
certain
debt
service,
and
22
attorney
fees
related
to
the
master
settlement
agreement
which
23
the
state
treasurer
is
authorized
and
directed
to
deposit
on
24
behalf
of
the
state
shall
be
deposited
in
the
account
and
shall
25
be
used
to
fund
capital
projects,
certain
debt
service,
and
26
the
payment
of
attorney
fees
related
to
the
master
settlement
27
agreement.
With
respect
to
capital
projects,
it
is
the
28
intent
of
the
general
assembly
to
fund
capital
projects
that
29
qualify
as
vertical
infrastructure
projects
as
defined
in
30
section
8.57,
subsection
6
5
,
paragraph
“c”
,
to
the
extent
31
practicable
in
any
fiscal
year
and
without
limiting
other
32
qualifying
capital
expenditures
considered
and
approved
by
a
33
constitutional
majority
of
each
house
of
the
general
assembly
34
and
the
governor.
35
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_____
(2)
The
FY
2009
tax-exempt
bond
proceeds
restricted
1
capital
funds
account.
The
net
proceeds
of
tax-exempt
bonds
2
issued
after
July
1,
2008,
as
a
result
of
the
securitization
3
of
any
remaining
tobacco
settlement
payments
to
provide
4
funds
for
capital
projects
which
the
treasurer
of
state
is
5
authorized
and
directed
to
deposit
on
behalf
of
the
state
6
shall
be
deposited
in
the
account
and
shall
be
used
to
fund
7
capital
projects.
With
respect
to
capital
projects,
it
is
8
the
intent
of
the
general
assembly
to
fund
capital
projects
9
that
qualify
as
vertical
infrastructure
projects
as
defined
10
in
section
8.57,
subsection
6
5
,
paragraph
“c”
,
to
the
extent
11
practicable
in
any
fiscal
year
and
without
limiting
other
12
qualifying
capital
expenditures
considered
and
approved
by
a
13
constitutional
majority
of
each
house
of
the
general
assembly
14
and
the
governor.
15
Sec.
133.
Section
15G.110,
Code
Supplement
2011,
is
amended
16
to
read
as
follows:
17
15G.110
Appropriation.
18
For
the
fiscal
year
beginning
July
1,
2011,
and
ending
June
19
30,
2012,
there
is
appropriated
to
the
economic
development
20
authority
fifteen
million
dollars
from
the
rebuild
Iowa
21
infrastructure
fund
for
deposit
in
the
economic
development
22
fund,
notwithstanding
section
8.57,
subsection
6
5
,
paragraph
23
“c”
.
24
Sec.
134.
Section
16.193,
subsection
2,
Code
Supplement
25
2011,
is
amended
to
read
as
follows:
26
2.
For
the
period
beginning
July
1,
2009,
and
ending
June
27
30,
2011,
two
hundred
thousand
dollars
of
the
moneys
deposited
28
in
the
rebuild
Iowa
infrastructure
fund
shall
be
allocated
29
each
fiscal
year
to
the
Iowa
finance
authority
for
purposes
of
30
administering
the
Iowa
jobs
program
and
Iowa
jobs
II
program,
31
notwithstanding
section
8.57,
subsection
6
5
,
paragraph
“c”
.
32
Sec.
135.
Section
99G.39,
subsection
3,
paragraph
a,
Code
33
2011,
is
amended
to
read
as
follows:
34
a.
Notwithstanding
subsection
1
,
if
gaming
revenues
under
35
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_____
sections
99D.17
and
99F.11
are
insufficient
in
a
fiscal
year
to
1
meet
the
total
amount
of
such
revenues
directed
to
be
deposited
2
in
the
vision
Iowa
fund
and
the
school
infrastructure
fund
3
during
the
fiscal
year
pursuant
to
section
8.57,
subsection
6
4
5
,
paragraph
“e”
,
the
difference
shall
be
paid
from
lottery
5
revenues
prior
to
deposit
of
the
lottery
revenues
in
the
6
general
fund.
If
lottery
revenues
are
insufficient
during
the
7
fiscal
year
to
pay
the
difference,
the
remaining
difference
8
shall
be
paid
from
lottery
revenues
in
subsequent
fiscal
years
9
as
such
revenues
become
available.
10
Sec.
136.
Section
123.53,
subsection
3,
Code
Supplement
11
2011,
is
amended
to
read
as
follows:
12
3.
Notwithstanding
subsection
2
,
if
gaming
revenues
under
13
sections
99D.17
and
99F.11
are
insufficient
in
a
fiscal
year
to
14
meet
the
total
amount
of
such
revenues
directed
to
be
deposited
15
in
the
revenue
bonds
debt
service
fund
and
the
revenue
bonds
16
federal
subsidy
holdback
fund
during
the
fiscal
year
pursuant
17
to
section
8.57,
subsection
6
5
,
paragraph
“e”
,
the
difference
18
shall
be
paid
from
moneys
deposited
in
the
beer
and
liquor
19
control
fund
prior
to
transfer
of
such
moneys
to
the
general
20
fund
pursuant
to
subsection
2
and
prior
to
the
transfer
of
such
21
moneys
pursuant
to
subsections
5
and
6
.
If
moneys
deposited
in
22
the
beer
and
liquor
control
fund
are
insufficient
during
the
23
fiscal
year
to
pay
the
difference,
the
remaining
difference
24
shall
be
paid
from
moneys
deposited
in
the
beer
and
liquor
25
control
fund
in
subsequent
fiscal
years
as
such
moneys
become
26
available.
27
Sec.
137.
Section
260G.6,
subsection
2,
Code
Supplement
28
2011,
is
amended
to
read
as
follows:
29
2.
Projects
funded
pursuant
to
this
section
shall
be
for
30
vertical
infrastructure
as
defined
in
section
8.57,
subsection
31
6
5
,
paragraph
“c”
.
32
Sec.
138.
Section
324A.6A,
Code
2011,
is
amended
to
read
as
33
follows:
34
324A.6A
Public
transit
infrastructure
grant
fund.
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A
public
transit
infrastructure
grant
fund
is
established
1
within
the
department.
Moneys
in
the
fund
shall
be
awarded
to
2
public
transit
systems
within
the
state
for
construction
and
3
infrastructure
projects
that
meet
the
definition
of
“vertical
4
infrastructure”
in
section
8.57,
subsection
6
5
,
paragraph
“c”
.
5
The
fund
shall
consist
of
appropriations
made
to
the
fund
and
6
transfers
of
interest,
earnings,
and
moneys
from
other
funds
as
7
provided
by
law.
In
awarding
grant
assistance,
the
office
of
8
public
transit
within
the
department
shall,
by
rule,
specify
9
certain
criteria
that
must
be
included
in
a
grant
application,
10
which
shall
include
but
not
be
limited
to
information
on
the
11
feasibility
of
completion
of
an
individual
infrastructure
12
project.
Notwithstanding
section
8.33
,
moneys
in
the
public
13
transit
infrastructure
grant
fund
shall
not
revert
to
the
fund
14
from
which
they
are
appropriated
but
shall
remain
available
15
indefinitely
for
expenditure
under
this
section
.
16
Sec.
139.
Section
461A.3A,
subsection
1,
Code
Supplement
17
2011,
is
amended
to
read
as
follows:
18
1.
The
department
shall
establish
a
restore
the
outdoors
19
program.
The
purpose
of
the
program
is
to
provide
funding
20
for
projects
involving
existing
vertical
infrastructure
as
21
defined
in
section
8.57,
subsection
6
5
,
paragraph
“c”
,
or
22
the
construction
of
new
vertical
infrastructure
if
the
new
23
construction
is
required
due
to
increased
demand
for
facilities
24
at
the
park
or
if
it
is
not
cost-effective
to
repair
or
25
renovate
the
existing
vertical
infrastructure.
Projects
shall
26
be
limited
to
existing
state
parks
and
other
public
facilities
27
managed
by
the
department.
28
Sec.
140.
Section
473.19A,
subsection
3,
Code
Supplement
29
2011,
is
amended
to
read
as
follows:
30
3.
The
building
energy
management
fund
shall
be
limited
to
31
a
maximum
of
one
million
dollars.
Amounts
in
excess
of
this
32
maximum
limitation
shall
be
transferred
to
and
deposited
in
33
the
rebuild
Iowa
infrastructure
fund
created
in
section
8.57,
34
subsection
6
5
.
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DIVISION
III
1
EFFECTIVE
DATE
AND
APPLICABILITY
PROVISIONS
2
Sec.
141.
EFFECTIVE
UPON
ENACTMENT.
The
provisions
in
3
division
I
of
this
Act,
being
deemed
of
immediate
importance,
4
take
effect
upon
enactment:
5
1.
The
section
of
this
Act
amending
section
42.4,
subsection
6
8.
7
2.
The
section
of
this
Act
amending
section
15E.120.
8
3.
The
section
of
this
Act
amending
2011
Iowa
Acts,
chapter
9
113,
section
45.
10
4.
The
section
of
this
Act
amending
2011
Iowa
Acts,
chapter
11
131,
section
134.
12
5.
The
section
of
this
Act
amending
2011
Iowa
Acts,
chapter
13
131,
section
135.
14
Sec.
142.
EFFECTIVE
DATE
——
CONTINGENT
REPEAL.
The
section
15
of
this
Act
amending
section
321.18,
Code
2011,
by
striking
16
subsection
9,
takes
effect
on
June
30,
2012,
or
on
the
date
17
that
chapter
322E
is
repealed,
whichever
date
is
the
latest.
18
Sec.
143.
RETROACTIVE
APPLICABILITY.
The
section
of
this
19
Act
amending
section
42.4,
subsection
8,
applies
retroactively
20
to
January
1,
2011.
21
Sec.
144.
RETROACTIVE
APPLICABILITY.
The
following
22
provision
or
provisions
of
this
Act
apply
retroactively
to
July
23
1,
2011:
24
1.
The
section
of
this
Act
amending
15E.120.
25
2.
The
section
of
this
Act
amending
2011
Iowa
Acts,
chapter
26
113,
section
45.
27
Sec.
145.
RETROACTIVE
APPLICABILITY.
The
provision
in
28
division
I
of
this
Act
amending
2011
Iowa
Acts,
chapter
131,
29
section
134,
applies
retroactively
to
the
date
which
is
30
days
30
after
July
29,
2011.
31
Sec.
146.
RETROACTIVE
APPLICABILITY.
The
provision
in
32
division
I
of
this
Act
amending
2011
Iowa
Acts,
chapter
131,
33
section
135,
applies
retroactively
to
July
29,
2011.
34
EXPLANATION
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This
bill
contains
statutory
corrections
that
adjust
1
language
to
reflect
current
practices,
insert
earlier
2
omissions,
delete
redundancies
and
inaccuracies,
delete
3
temporary
language,
resolve
inconsistencies
and
conflicts,
4
update
ongoing
provisions,
or
remove
ambiguities.
The
Code
5
sections
amended
include
the
following:
6
DIVISION
I.
Code
sections
8.55
and
8.57:
Strikes
language,
7
providing
for
appropriation
of
general
fund
surplus
revenue
8
to
the
senior
living
trust
fund,
pursuant
to
the
terms
of
9
paragraph
“d”
of
Code
section
8.57
that
provides
for
the
10
repeal
of
the
language
when
the
aggregate
amount
in
the
trust
11
fund
equals
$300
million.
The
fund
reached
that
milestone
in
12
2011.
References
to
the
rebuild
Iowa
infrastructure
fund
in
13
renumbered
subsection
5
of
Code
section
8.57
are
also
changed
14
to
distinguish
references
to
that
fund
from
references
to
other
15
infrastructure
funds
in
that
subsection.
Internal
references
16
to
Code
section
8.57
are
also
corrected
in
division
II
of
this
17
bill.
18
Code
section
8A.317:
Strikes
references
to
definitions
19
of
“biobased
material”
and
“biobased
product”
contained
in
20
former
Code
section
469.31
and
inserts
language
from
the
former
21
definitions
provision
into
this
Code
section
relating
to
state
22
purchases
of
biobased
products.
Code
chapter
469
was
repealed
23
by
2011
Iowa
Acts,
ch.
118,
section
49,
effective
July
18,
24
2011,
and
applicable
on
July
1,
2011.
25
Code
section
11.2:
Corrects
a
textual
internal
reference
to
26
auditor
of
state
review
requirements
for
investment
companies,
27
banks,
savings
and
loan
associations,
or
credit
unions
employed
28
by
the
state
board
of
regents.
29
Code
section
11.5A:
Adds
the
words
“or
examinations”
to
30
this
provision
governing
the
payment
of
costs
of
audits
or
31
examinations
of
state
agencies
by
the
auditor
of
state
to
32
conform
with
similar
changes
made
elsewhere
in
Code
chapter
11
33
by
2011
Iowa
Acts,
ch.
75.
34
Code
section
15.103:
Repeals
this
Code
section
toward
the
35
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end
of
the
bill
which
establishes
the
Iowa
economic
development
1
board
of
the
former
department
of
economic
development.
This
2
provision
was
superseded
by
the
enactment
of
Code
section
3
15.105
by
2011
Iowa
Acts,
ch.
118,
section
5,
which
creates
the
4
economic
development
authority
that
replaces
the
department
of
5
economic
development
and
is
governed
by
a
board
of
11
voting
6
members.
7
Code
section
15.107:
Strikes
redundant
language
in
a
8
provision
relating
to
the
purpose
for
which
the
Iowa
innovation
9
corporation
is
established.
10
Code
section
15.202:
Strikes
“with
the
approval
of
the
11
director”
within
this
provision
relating
to
the
acceptance
of
12
funds
by
the
economic
development
authority
to
conform
to
the
13
hierarchy
established
for
the
administration
of
the
economic
14
development
programs
and
funds
by
the
economic
development
15
authority
by
2011
Iowa
Acts,
ch.
118.
16
Code
section
15.272:
Clarifies
in
language
relating
to
the
17
initial
establishment
of
the
statewide
welcome
center
program
18
that
the
former
department
of
economic
development
was
the
19
entity
responsible
for
program
planning
and
development.
20
Code
section
15.292:
Replaces
the
word
“board”
with
the
word
21
“authority”
in
language
relating
to
the
entity
responsible
for
22
decisions
relating
to
applications
for
financial
assistance
23
from
the
brownfield
redevelopment
fund
because,
after
the
24
enactment
of
2011
Iowa
Acts,
ch.
118,
what
was
once
the
“board”
25
under
prior
law
is
now
the
“economic
development
authority”.
26
Code
section
15.293A:
Strikes
the
words
“and
the
board”
27
and
“with
the
approval
of
the
board”
from
language
relating
28
to
review
of
applications
for
redevelopment
tax
credits
by
29
the
authority
because,
after
the
enactment
of
2011
Iowa
Acts,
30
ch.
118,
what
was
once
the
“board”
under
prior
law
is
now
the
31
“economic
development
authority”.
32
Code
section
15.294:
Replaces
the
word
“board”
with
the
33
word
“authority”
in
language
relating
to
the
brownfield
34
redevelopment
advisory
council
because,
after
the
enactment
of
35
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2011
Iowa
Acts,
ch.
118,
what
was
once
the
“board”
under
prior
1
law
is
now
the
“economic
development
authority”.
2
Code
section
15.301:
Adds
references
to
the
former
3
department
of
economic
development
in
the
save
our
small
4
businesses
fund
and
program
language
in
provisions
which
relate
5
to
activities
which
took
place
prior
to
the
enactment
of
2011
6
Iowa
Acts,
ch.
118,
which
established
the
economic
development
7
authority.
8
Code
section
15.331A:
Clarifies
that
the
department
9
of
revenue
is
the
entity
which
is
responsible
for
the
10
administration
of
the
refunding
of
sales
or
use
tax
imposed
11
on
gas,
electricity,
water
or
sewer
utility
services,
goods,
12
wares,
or
merchandise
or
on
certain
services
rendered
relating
13
to
the
construction
or
equipping
of
a
facility
under
the
high
14
quality
jobs
program.
15
Code
section
15.411:
Clarifies
that
it
was
the
department
16
of
economic
development
that
received
reports
on
bioscience,
17
advanced
manufacturing,
information
technology,
and
18
entrepreneurship
in
calendar
years
2004,
2005,
and
2006
as
part
19
of
the
program
for
targeted
industries
development.
20
Code
section
15E.64:
Adds
the
word
“board”
in
language
21
relating
to
the
incorporators
of
the
Iowa
capital
investment
22
corporation.
2011
Iowa
Acts,
ch.
118,
provides,
in
the
23
amendments
to
Code
section
15.105,
that
the
economic
24
development
authority
is
governed
by
a
board.
25
Code
section
15E.120:
Substitutes,
retroactive
to
July
1,
26
2011,
for
the
date
“July
18,
2011”,
“July
1”
of
that
year
to
27
reflect
the
retroactive
applicability
date
for
2011
Iowa
Acts,
28
ch.
118,
in
this
provision
relating
to
the
administration
of
29
loan
repayments
under
the
former
Iowa
community
development
30
loan
program.
31
Code
section
15E.193:
Strikes
redundant
language
that
32
resulted
from
the
application
of
directives
by
2011
Iowa
Acts,
33
ch.
118,
in
this
provision
regarding
benefits
required
in
34
enterprise
zones
in
order
for
a
business
to
be
eligible
to
35
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receive
economic
development
incentives.
1
Code
section
15E.208:
Adds
references
to
the
former
2
department
of
economic
development
in
this
provision
regarding
3
Iowa
agriculture
industry
finance
loans
in
language
which
4
relates
to
activities
which
took
place
prior
to
the
enactment
5
of
2011
Iowa
Acts,
ch.
118,
which
established
the
economic
6
development
authority.
7
Code
section
15E.351:
Strikes
the
redundant
words
“economic
8
development”
from
a
reference
to
the
“economic
development
9
authority”
in
this
provision
establishing
the
business
10
accelerator
program.
The
term
“authority”
is
defined
for
11
Code
chapter
15E,
in
Code
section
15E.1,
to
mean
the
economic
12
development
authority.
13
Code
sections
15G.111,
15G.112,
15G.113,
and
15G.114:
14
Strikes
redundant
references
to
approval
or
recommendations
15
by
the
economic
development
authority
that
resulted
from
the
16
application
of
directives
by
2011
Iowa
Acts,
ch.
118,
in
these
17
provisions
regarding
financial
assistance
awards
made
by
the
18
authority
under
the
economic
development
financial
assistance
19
program.
20
Code
section
15G.115:
Strikes
a
redundant
reference
to
the
21
economic
development
authority
and
a
reference
to
the
former
22
due
diligence
committee
in
this
provision
relating
to
financial
23
assistance
under
the
economic
development
financial
assistance
24
program.
The
due
diligence
committee
was
eliminated
by
2011
25
Iowa
Acts,
ch.
118,
section
73.
26
Code
section
15H.3:
Adds
the
word
“nonvoting”
after
a
27
reference
to
the
ex
officio
members
in
language
regarding
the
28
membership
of
the
volunteer
service
commission
to
conform
to
29
other
references
to
those
members
in
this
Code
section.
30
Code
sections
28N.2
and
256I.3:
Changes
the
word
31
“departments”
to
“agencies”
in
these
provisions
establishing
32
the
membership
of
a
state
council
and
a
state
board
to
account
33
for
the
replacement
of
the
department
of
economic
development
34
by
the
economic
development
authority
in
2011
Iowa
Acts,
ch.
35
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_____
118.
1
Code
sections
29C.20B,
135.141,
331.427,
and
331.653:
2
Deletes
redundant
language
and
conforms
these
provisions
3
relating
to
disaster
care
management,
comprehensive
emergency
4
plans,
and
local
emergency
management
commissions
to
changes
5
made
by
2011
Acts,
ch.
69,
and
2011
Iowa
Acts,
ch.
129.
6
Code
section
42.4:
Replaces,
retroactively
to
January
7
1,
2011,
the
word
“first”
with
the
word
“third”
in
language
8
describing
the
date
on
which
an
incumbent
senator,
who
resigns
9
for
purposes
of
allowing
another
senator
to
serve
a
full
10
four-year
term,
must
submit
the
senator’s
resignation
to
11
reflect
language
appearing
later
in
this
same
provision
and
12
to
conform
to
the
date
specified
for
resignation
of
incumbent
13
senators
under
these
circumstances
in
2011
Iowa
Acts,
ch.
76,
14
section
3.
15
Code
section
46.2A:
Strikes
the
obsolete
subsection
16
that
requires
the
repeal
of
the
subsection
if
the
number
of
17
congressional
districts
established
following
the
2010
federal
18
decennial
census
and
described
in
chapter
40
of
the
Code
is
not
19
equal
to
four.
20
Code
sections
123.135,
123.180,
252B.9,
507B.7,
523C.13,
21
and
631.17:
Conforms
language
relating
to
civil
sanctions
22
imposed
by
the
court
or
administrative
agencies,
by
striking
23
the
word
“fine”
or
“fines”
and
inserting
the
word
“penalty”
or
24
“penalties”,
to
other
references
to
civil
penalties
throughout
25
the
Code.
26
Code
section
125.2:
Adds
the
word
“mental”
within
language
27
describing
the
type
of
certification
that
a
psychiatric
28
advanced
registered
nurse
practitioner
must
possess
in
the
Code
29
chapter
relating
to
treatment
of
substance
abusers
to
conform
30
to
changes
made
by
2011
Iowa
Acts,
ch.
121,
section
52,
to
the
31
same
definition
within
the
Code
chapter
on
civil
commitment.
32
This
portion
of
2011
Iowa
Acts,
ch.
121,
is
effective
July
1,
33
2012.
34
Code
section
125.10:
Changes
references
to
“substance
35
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_____
abuse”
to
“substance
misuse”
to
conform
to
changes
made
in
this
1
Code
section,
effective
July
1,
2012,
by
2011
Iowa
Acts,
ch.
2
121,
section
30.
3
Code
sections
125.43A
and
125.83:
Changes
“substance
abuse
4
treatment”
to
“treatment
of
a
substance-related
disorder”
in
5
these
two
provisions
relating
to
involuntary
hospitalizations
6
of
persons
with
substance
misuse
disorders
to
conform
to
7
similar
terminology
changes
made
by
2011
Iowa
Acts,
ch.
121,
8
effective
July
1,
2012.
9
Code
section
125.91:
Changes
references
from
“examining”
10
physician
to
“attending”
physician
and
restores
a
reference
11
to
“the
facility”
in
language
relating
to
emergency
12
hospitalization
of
persons
with
substance
misuse
disorders
to
13
conform
to
and
clarify
changes
made
in
this
Code
section
by
14
2011
Iowa
Acts,
ch.
121,
effective
July
1,
2012.
15
Code
section
135.160:
Repeals,
toward
the
end
of
the
bill,
16
this
definitional
section
for
the
division
of
Code
chapter
135
17
that
pertained
to
prevention
and
chronic
care
management.
The
18
other
Code
sections
in
the
division,
to
which
the
definitions
19
pertained,
were
repealed
by
2011
Iowa
Acts,
ch.
129,
sections
20
81
and
82
and
2011
Iowa
Acts,
ch.
63,
section
35.
21
Code
section
142A.3:
Strikes
tobacco
retailers
from
the
22
membership
of
an
advisory
council
to
the
commission
on
tobacco
23
use
prevention
and
control
to
conform
to
changes
made
in
Code
24
chapter
142A
by
2011
Iowa
Acts,
ch.
63.
25
Code
section
152.12:
Changes
the
word
“county”
to
“country”
26
to
correct
an
apparent
typographical
error
in
language
relating
27
to
disclosure
of
nursing
licensure
examination
results
to
other
28
nurse
licensing
entities
at
the
state
or
national
level.
29
Code
section
173.11:
Redrafts
language
relating
to
30
administration
of
the
state
fair
foundation
fund
by
the
31
treasurer
of
the
Iowa
state
fair
foundation
to
clarify
that
the
32
state
fair
board
is
acting
as
the
board
of
the
foundation.
33
Code
section
226.9C:
Strikes
a
redundant
instance
of
the
34
word
“certified”
in
language
added,
effective
July
1,
2012,
35
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_____
by
2011
Iowa
Acts,
ch.
121,
to
describe
the
qualifications
1
of
persons
conducting
treatment
prescreening
of
persons
with
2
substance
misuse
disorders.
3
Code
section
230A.106:
Replaces
the
word
“such”
with
a
4
listing
of
types
of
services
that
comprise
one
of
the
groups
of
5
core
services
that
must
be
provided
at
community
mental
health
6
centers,
to
be
consistent
with
the
style
and
format
of
the
rest
7
of
the
Code
section,
effective
July
1,
2012.
8
Code
section
232.103:
Clarifies
the
relationship
between
a
9
reference
to
Code
section
232.50,
which
governs
dispositional
10
hearings
for
juvenile
delinquents
or
youthful
offenders,
to
11
this
provision
relating
to
hearings
regarding
changes
in
level
12
of
care
for
a
child
who
is
subject
to
a
dispositional
order
for
13
out-of-home
placement.
14
Code
sections
236.18
and
331.756:
Redirects
references
15
to
criminal
penalties
under
Code
chapter
236
to
refer
to
the
16
provisions
within
Code
chapter
664A
to
conform
to
the
transfer
17
of
the
criminal
penalties
from
Code
chapter
236
to
Code
chapter
18
664A
by
2006
Iowa
Acts,
ch.
1101.
19
Code
section
249H.3:
Substitutes,
for
an
internal
reference
20
in
this
definition,
the
language
used
in
Code
section
225B.2
to
21
define
“disability”.
Code
chapter
225B
is
to
be
repealed
on
22
July
1,
2012,
pursuant
to
Code
section
225B.8.
23
Code
section
256.32:
Strikes
from
the
ex
officio
membership
24
of
the
advisory
council
for
agricultural
education
language
25
referring
to
the
young
farmer
educational
association
26
president.
The
association
is
a
national
organization
and
27
there
are
no
Iowa
chapters
or
members
who
could
possibly
serve
28
on
the
council.
29
Code
section
256I.5:
Rewrites
language
relating
to
the
30
commitment
of
various
state
entities,
in
a
reference
back
to
31
entities
enumerated
in
this
provision
relating
to
collaboration
32
and
integration
of
a
comprehensive
early
care,
education,
33
health,
and
human
services
system,
to
accommodate
a
changeover
34
in
the
entity
responsible
for
the
administration
of
economic
35
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84
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84
H.F.
_____
development
programs
made
by
2011
Iowa
Acts,
ch.
118.
1
Code
section
260C.18A:
Strikes
this
paragraph
which
2
references
job
retention
projects
under
former
Code
section
3
260F.9,
which
was
repealed
effective
June
30,
2010,
pursuant
to
4
2003
Iowa
Acts,
1st
extraordinary
session,
ch.
2,
section
93.
5
Code
section
261E.8:
Replaces
the
term
“eligible
6
postsecondary
institution”
with
the
term
“community
college”
7
in
this
Code
chapter
relating
to
enrollment
of
students
from
8
a
school
district,
accredited
nonpublic
schools,
and
students
9
receiving
competent
private
instruction
in
community
college
10
programs
for
concurrent
high
school
and
college
credit
under
11
the
senior
year
plus
program.
12
Code
section
267A.2:
Changes
the
word
“section”
to
13
“chapter”
in
the
lead-in
phrase
to
the
definitions
section
for
14
the
local
food
and
farm
program
Code
chapter.
15
Code
sections
282.1
and
282.10:
Clarifies
an
internal
16
reference
to
Code
section
282.7
in
these
provisions
relating
17
to
student
attendance
and
whole
grade
sharing
between
school
18
districts.
19
Code
section
282.18:
Changes
the
term
“laboratory
school”
20
to
“research
and
development
school”
in
language
relating
to
21
open
enrollment
of
students
from
public
school
districts
to
22
the
Price
laboratory
school
to
reflect
the
terminology
used
to
23
refer
to
the
school
under
Code
chapter
256G,
which
governs
the
24
development
and
funding
of
that
school.
25
Code
sections
306D.2
and
465A.2:
Replaces
references
to
26
the
economic
development
authority
with
references
to
the
27
former
department
of
economic
development
in
these
provisions
28
regarding
Iowa’s
open
space
plans
in
language
which
relates
29
to
activities
which
took
place
prior
to
the
enactment
of
2011
30
Iowa
Acts,
ch.
118,
which
established
the
economic
development
31
authority.
32
Code
section
321.18:
Strikes
subsection
9,
effective
on
33
June
30,
2012,
or
when
Code
chapter
322E
is
repealed,
whichever
34
is
later,
which
provides
an
exemption
to
motor
vehicle
35
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_____
registration
provision
to
motor
homes
purchased
at
a
motor
home
1
manufacturer’s
club
rally
by
a
nonresident
and
which
is
driven
2
on
a
highway
solely
for
the
purpose
of
removing
the
motor
home
3
from
the
state.
Code
chapter
322E
is
currently
scheduled
for
4
repeal
on
June
30,
2012.
5
Code
section
321.180B:
Adds
the
word
“a”
within
a
series
to
6
conform
to
other
similar
language
in
a
provision
enumerating
7
the
list
of
persons
who
can
accompany
a
person
under
the
age
8
of
18
who
has
not
yet
been
issued
a
full
driver’s
license
but
9
has
been
issued
a
permit
or
other
intermediate
license
and
is
10
lawfully
operating
a
motor
vehicle.
11
Code
section
321.186:
Strikes
language
relating
to
12
applicants
for
a
commercial
driver’s
license
from
an
exemption
13
permitting
a
license
applicant
to
file
a
vision
report
in
14
lieu
of
passing
a
vision
text
administered
by
the
department
15
of
transportation
to
conform
to
changes
made
to
Code
section
16
321.186A
by
2011
Iowa
Acts,
ch.
38.
17
Code
section
419.4:
Renumbers
and
adds
an
internal
18
reference
to
language
relating
to
municipal
bonding
authority.
19
Code
section
422.5:
Corrects
an
internal
reference
to
20
computations
of
tax
upon
married
persons’
income
in
language
21
relating
to
computation
of
the
alternative
minimum
tax.
22
Code
section
422.7:
Strikes,
within
the
list
of
items
to
be
23
subtracted
from
adjusted
gross
income
in
the
computation
of
net
24
income,
a
reference
to
a
Vietnam
Conflict
veterans’
bonus
under
25
Code
section
35A.8A,
which
was
repealed
June
30,
2011,
pursuant
26
to
the
terms
of
the
statute.
27
Code
section
422.11S:
Strikes
contingency
language
from
a
28
definition
of
the
term
“total
approved
tax
credits”
within
this
29
provision
relating
to
school
tuition
organization
tax
credits
30
because
the
amendment
to
Code
section
257.8
that
is
referenced
31
in
the
contingency
language
was
enacted
in
2011
Iowa
Acts,
ch.
32
131,
sections
122
and
123.
33
Code
sections
422.11T
and
422.11U:
Changes
“credit”
to
34
“credits”
in
language
relating
to
reduction
of
income
tax
by
35
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the
tax
credits
allow
under
Code
section
422.12
to
conform
to
1
similar
language
in
surrounding
provisions
and
because
Code
2
section
422.12
provides
for
more
than
one
tax
credit.
3
Code
section
437A.14:
Adds
the
words
“of
revenue”
after
4
references
to
“department”
in
language
relating
to
refunding
5
of
replacement
taxes
on
electricity
and
natural
gas
providers.
6
While
the
term
“director”
is
defined
within
Code
chapter
437A
7
to
mean
the
director
of
revenue,
the
term
“department”
is
not
8
defined.
9
Code
section
445.5:
Changes
the
word
“of”
to
“for”,
in
10
language
relating
to
receipts
for
payments
of
property
taxes
11
which
are
paid
in
part
or
in
full
for
the
given
year,
to
clarify
12
the
relationship
between
the
receipt
and
the
payment
of
the
13
amount.
14
Code
section
452A.3:
Renumbers
to
eliminate
unnumbered
15
paragraphs
within
this
provision
relating
to
payment
of
tax
on
16
motor
and
special
fuels.
17
Code
section
455B.487:
Reorganizes
and
renumbers
to
18
eliminate
unnumbered
paragraphs
in
this
provision
relating
to
19
criteria
established
by
the
environmental
protection
commission
20
for
identification
of
land
suitable
for
the
operation
of
21
radioactive
waste
facilities.
22
Code
section
459.501:
Replaces,
in
subsection
5,
paragraph
23
“b”,
the
word
“allocated”
with
the
words
“authorized
for
24
payment”
to
conform
to
the
changes
made
relating
to
the
25
authorizations
for
payment
made
by
the
executive
council
26
pursuant
to
paragraph
“a”
of
the
same
subsection
by
2011
Iowa
27
Acts,
ch.
131,
section
35.
28
Code
section
459.502:
Clarifies
that
the
fund
in
which
the
29
department
is
to
deposit
indemnity
fee
moneys
assessed
on
the
30
construction
of
confinement
feeding
operations
is
the
livestock
31
remediation
fund.
The
term
“fund”
is
not
defined
for
Code
32
chapter
459.
33
Code
section
461A.80:
Reorganizes
and
renumbers
to
34
eliminate
unnumbered
paragraphs
in
this
provision
relating
to
35
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84
H.F.
_____
the
public
outdoor
recreation
and
resources
appropriations
1
advisory
council.
2
Code
section
462A.2:
Moves
language
relating
to
vessels
3
which
are
under
way
to
clarify
that
the
language
applies
to
4
sailboats
that
are
not
powered
by
a
motor,
but
which
do
have
5
sails
hoisted,
in
this
definition
of
the
term
“operate”.
6
Code
section
466B.3:
Strikes
language
including
the
7
director
of
the
rebuild
Iowa
office
from
the
membership
of
the
8
water
resources
coordinating
council.
The
rebuild
Iowa
office
9
was
repealed
on
June
30,
2011,
pursuant
to
2009
Iowa
Acts,
ch.
10
169,
section
10.
11
Code
section
468.221:
Changes
a
textual
reference
from
12
“paragraph”
to
“section”
in
a
definition
of
the
term
“local
13
government”
because
the
term
is
used
elsewhere
in
this
Code
14
section
relating
to
drainage
district
communications
with
a
15
state
agency
or
with
local
government.
16
Code
section
473.1:
Strikes,
in
two
definitions
in
this
17
Code
chapter
relating
to
energy
development
and
conservation,
18
references
to
definitions
of
terms
from
former
Code
section
19
469.31
which
was
repealed
by
2011
Iowa
Acts,
ch.
118,
section
20
49,
and
adds
the
text
of
the
same
definitions
from
that
former
21
Code
section.
22
Code
section
473.7:
Strikes,
as
redundant,
the
words
“The
23
authority
shall”
from
subsection
2
to
conform
to
the
style
of
24
this
Code
section
relating
to
duties
of
the
authority
under
the
25
energy
development
and
conservation
Code
chapter.
26
Code
section
473.10:
Replaces
a
reference
to
the
director
27
with
a
reference
to
the
economic
development
authority
in
28
language
relating
to
rulemaking
authority.
The
economic
29
development
authority
is
the
entity
made
responsible
for
30
rulemaking
under
2011
Iowa
Acts,
ch.
118.
31
Code
section
476.1C:
Restructures,
by
renumbering
to
32
eliminate
unanchored
unnumbered
paragraphs
and
by
striking
33
redundant
language,
in
this
provision
relating
to
gas
public
34
utilities
with
fewer
than
2,000
customers.
35
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84
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84
H.F.
_____
Code
section
476C.4:
Adds,
within
a
subparagraph,
the
1
word
“equity”
before
references
to
holders
of
interests
in
2
business
entities
which
have
applied
for
renewable
electricity
3
production
tax
credits
to
conform
to
language
contained
in
the
4
immediately
preceding
subparagraph
of
subsection
2
of
this
Code
5
section.
6
Code
section
483A.24:
Conforms
terminology
and
corrects
an
7
internal
reference
to
clarify
the
applicability
of
an
exclusion
8
from
the
exception
in
the
definition
of
“owner”
of
a
farm
unit
9
under
this
Code
section
governing
when
a
hunting,
fishing,
or
10
trapping
license
is
not
required
before
a
person
may
engage
in
11
those
activities.
12
Code
section
496B.12:
Renumbers
and
conforms
the
internal
13
numbering
and
format
of
this
Code
section
pertaining
to
14
economic
development
corporations
to
the
numbering
and
format
15
of
other
Code
sections.
16
Code
section
501A.504:
Restructures
language
in
subsection
17
4
relating
to
the
filing
of
amendments
to
articles
of
18
organization
of
a
cooperative
to
highlight
the
alternative
19
nature
of
the
adoption
methods
by
members
and
directors
and
20
conforms
language
relating
to
the
adoption
of
an
amendment
by
21
directors
to
the
requirements
for
amendments
by
directors
that
22
is
specified
in
subsection
3
of
this
Code
section.
23
Code
section
509.3:
Strikes
language
referring
to
24
applications
for
converted
policies
under
Code
chapter
509B
25
from
a
provision
that
describes
one
of
the
required
components
26
of
a
group
accident
or
health
insurance
policy
or
combination
27
group
accident
or
health
insurance
policy.
Code
section
28
509B.4,
which
provided
for
the
conversion
of
group
policies
was
29
repealed
by
2006
Iowa
Acts,
ch.
1117,
section
127.
30
Code
section
514J.108:
Adds
the
words
“the
covered
person”
31
to
language
describing
one
of
the
instances
in
which
a
covered
32
person
or
a
covered
person’s
authorized
representative
may
make
33
a
request
for
an
expedited
external
review
of
a
health
care
34
cover
decision,
to
conform
to
other
language
within
the
same
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Code
section.
1
Code
section
515C.2:
Corrects
an
internal
reference
to
2
the
Code
section
establishing
surplus
requirements
required
3
of
mortgage
guaranty
insurers.
Former
subsection
8
of
Code
4
section
515.49
was
stricken
when
the
Code
section
was
rewritten
5
by
1988
Iowa
Acts,
ch.
1112,
section
403.
6
Code
section
524.904:
Adds
the
word
“state”
before
the
word
7
“bank”
in
multiple
locations
to
conform
to
other
text
within
8
this
provision
relating
to
loans
and
extensions
of
credit
by
a
9
state
bank
to
a
borrower.
10
Code
section
568.16:
Changes
the
word
“by”
to
the
word
11
“to”
in
language
relating
to
the
refunding
of
moneys
by
the
12
state
back
to
grantees
of
land
conveyed
by
the
state,
when
13
the
grantee
or
the
grantee’s
heirs
or
assigns
did
not
receive
14
title
to
the
land
conveyed
because
title
resided
in
some
other
15
person.
16
Code
section
602.9202:
Conforms
language
relating
to
the
17
length
of
the
terms
that
may
be
served
by
senior
judges
who
18
have
reached
the
age
of
78
to
changes
made
to
Code
section
19
602.9203
by
2011
Iowa
Acts,
ch.
78.
20
Code
section
633.3:
Adds
the
words
“and
state”
in
a
21
provision
defining
what
is
included
within
the
costs
of
22
administration
of
an
estate
to
clarify
that
interest
on
state
23
estate
tax
as
well
as
federal
estate
tax
are
included.
This
24
conforms
with
changes
made
by
2010
Iowa
Acts,
ch.
1138,
and
25
2011
Iowa
Acts,
ch.
34.
26
Code
section
633A.3106:
Deletes
a
redundant
phrase
in
27
this
provision
relating
to
children
born
or
adopted
after
the
28
execution
of
a
revocable
trust.
29
Code
section
655A.3:
Conforms
the
language
that
describes
30
the
manner
of
service
of
a
notice
of
rejection
of
a
notice
of
31
foreclosure
to
reflect
the
changes
made
to
Code
section
655A.4
32
by
2009
Iowa
Acts,
ch.
51.
That
Act
changed
the
manner
of
33
service
of
a
notice
of
rejection
under
Code
section
655A.4
from
34
service
in
the
manner
provided
for
service
of
original
notices
35
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to
service
by
ordinary
or
electronic
mail.
1
Code
section
692A.118:
Strikes
language
in
two
subsections
2
within
this
Code
section
establishing
the
duties
of
the
3
department
of
public
safety
regarding
the
sex
offender
registry
4
to
conform
to
the
style
of
other
subsections.
5
Code
section
714.27:
Changes
“the
identity
of”
to
6
“identifying
information
for”
to
conform
to
the
nature
of
the
7
descriptive
list
of
the
types
of
information
that
a
salvage
8
dealer
must
maintain
under
a
copper
theft
ordinance
regarding
a
9
person
who
brings
in
salvaged
materials.
10
Code
sections
717F.1
and
717F.8:
Strikes
subparagraph
(9)
11
of
subsection
5,
paragraph
“a”,
which
is
a
duplicate
of
the
12
language
found
in
subparagraph
(10),
subparagraph
division
(a),
13
in
Code
section
717F.1,
and
corrects
a
typographical
error
in
14
the
spelling
of
the
family
name
of
certain
types
of
snakes
in
15
language
enumerating
the
types
of
animals
considered
to
be
16
dangerous
wild
animals
in
Code
sections
717F.1
and
717F.8.
17
Code
section
805.8A:
Corrects
an
internal
reference
to
18
the
provisions
within
a
Code
section
relating
to
registration
19
of
motor
carriers
that
contain
language
prohibiting
certain
20
conduct.
Subsection
2
relates
to
state
department
of
21
transportation
participation
in
the
federal
unified
carrier
22
registration
plan
and
agreement
for
regulated
motor
carriers.
23
Code
section
811.1:
Changes
two
commas
to
semicolons
and
24
strikes
a
redundant
“or”
in
language
to
conform
the
punctuation
25
and
format
of
the
series
that
describes
the
types
of
felonies
26
and
public
offenses
for
which
a
defendant,
awaiting
judgment
of
27
conviction
and
sentencing
after
a
plea
or
verdict
of
guilty,
28
shall
not
be
admitted
to
bail.
29
Code
section
907.5:
Enumerates
the
criteria
the
court
must
30
consider
before
deferring
judgment
or
sentence
or
suspending
31
a
defendant’s
sentence
as
lettered
paragraphs
and
numbers
32
the
balance
of
the
provision
to
enhance
readability
of
the
33
provision.
34
2011
Iowa
Acts,
chapter
113,
section
45:
Corrects
35
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retroactively
to
July
1,
2011,
by
striking
and
replacing
this
1
section
of
2011
Iowa
Acts,
ch.
113,
numeric
references
to
two
2
subchapters
in
Code
chapter
159A,
that
according
to
the
text
3
of
the
language,
should
refer
to
the
provisions
administered
4
by
the
office
of
renewable
fuels
and
coproducts
and
provisions
5
establishing
the
renewable
fuel
infrastructure
programs
and
6
fund.
7
2011
Iowa
Acts,
chapter
131,
sections
134
and
135:
Corrects
8
incorrect
references
within
an
Act
to
provisions
within
another
9
Act.
The
first
correction
takes
effect
upon
enactment
and
10
applies
retroactively
to
the
date
which
is
30
days
after
July
11
29,
2011.
The
second
correction
takes
effect
upon
enactment
12
and
applies
retroactively
to
July
29,
2011.
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