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 TLSB 5518HC (15) 84 lh/rj
H.F. _____ 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 -1- LSB 5518HC (15) 84 lh/rj 1/ 84
H.F. _____ 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 -2- LSB 5518HC (15) 84 lh/rj 2/ 84
H.F. _____ 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 -3- LSB 5518HC (15) 84 lh/rj 3/ 84
H.F. _____ 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 35 -4- LSB 5518HC (15) 84 lh/rj 4/ 84
H.F. _____ 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 35 -5- LSB 5518HC (15) 84 lh/rj 5/ 84
H.F. _____ 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 35 -6- LSB 5518HC (15) 84 lh/rj 6/ 84
H.F. _____ 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. 35 -7- LSB 5518HC (15) 84 lh/rj 7/ 84
H.F. _____ (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 -8- LSB 5518HC (15) 84 lh/rj 8/ 84
H.F. _____ 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 35 -9- LSB 5518HC (15) 84 lh/rj 9/ 84
H.F. _____ 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 -10- LSB 5518HC (15) 84 lh/rj 10/ 84
H.F. _____ 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 -11- LSB 5518HC (15) 84 lh/rj 11/ 84
H.F. _____ 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 -12- LSB 5518HC (15) 84 lh/rj 12/ 84
H.F. _____ 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 -13- LSB 5518HC (15) 84 lh/rj 13/ 84
H.F. _____ 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 -14- LSB 5518HC (15) 84 lh/rj 14/ 84
H.F. _____ 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 -15- LSB 5518HC (15) 84 lh/rj 15/ 84
H.F. _____ 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 -16- LSB 5518HC (15) 84 lh/rj 16/ 84
H.F. _____ 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 -17- LSB 5518HC (15) 84 lh/rj 17/ 84
H.F. _____ 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 -18- LSB 5518HC (15) 84 lh/rj 18/ 84
H.F. _____ 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 -19- LSB 5518HC (15) 84 lh/rj 19/ 84
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 -20- LSB 5518HC (15) 84 lh/rj 20/ 84
H.F. _____ 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 -21- LSB 5518HC (15) 84 lh/rj 21/ 84
H.F. _____ 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 -22- LSB 5518HC (15) 84 lh/rj 22/ 84
H.F. _____ 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 -23- LSB 5518HC (15) 84 lh/rj 23/ 84
H.F. _____ 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 35 -24- LSB 5518HC (15) 84 lh/rj 24/ 84
H.F. _____ 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 35 -25- LSB 5518HC (15) 84 lh/rj 25/ 84
H.F. _____ 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 35 -26- LSB 5518HC (15) 84 lh/rj 26/ 84
H.F. _____ 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 -27- LSB 5518HC (15) 84 lh/rj 27/ 84
H.F. _____ 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 -28- LSB 5518HC (15) 84 lh/rj 28/ 84
H.F. _____ 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 -29- LSB 5518HC (15) 84 lh/rj 29/ 84
H.F. _____ 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 -30- LSB 5518HC (15) 84 lh/rj 30/ 84
H.F. _____ 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 -31- LSB 5518HC (15) 84 lh/rj 31/ 84
H.F. _____ 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 -32- LSB 5518HC (15) 84 lh/rj 32/ 84
H.F. _____ 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 -33- LSB 5518HC (15) 84 lh/rj 33/ 84
H.F. _____ 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 -34- LSB 5518HC (15) 84 lh/rj 34/ 84
H.F. _____ 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 -35- LSB 5518HC (15) 84 lh/rj 35/ 84
H.F. _____ 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- LSB 5518HC (15) 84 lh/rj 36/ 84
H.F. _____ 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 -37- LSB 5518HC (15) 84 lh/rj 37/ 84
H.F. _____ (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 -38- LSB 5518HC (15) 84 lh/rj 38/ 84
H.F. _____ 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 -39- LSB 5518HC (15) 84 lh/rj 39/ 84
H.F. _____ 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 35 -40- LSB 5518HC (15) 84 lh/rj 40/ 84
H.F. _____ 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 35 -41- LSB 5518HC (15) 84 lh/rj 41/ 84
H.F. _____ 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 35 -42- LSB 5518HC (15) 84 lh/rj 42/ 84
H.F. _____ 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 35 -43- LSB 5518HC (15) 84 lh/rj 43/ 84
H.F. _____ 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. 35 -44- LSB 5518HC (15) 84 lh/rj 44/ 84
H.F. _____ 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. 35 -45- LSB 5518HC (15) 84 lh/rj 45/ 84
H.F. _____ 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 -46- LSB 5518HC (15) 84 lh/rj 46/ 84
H.F. _____ 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: 35 -47- LSB 5518HC (15) 84 lh/rj 47/ 84
H.F. _____ (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 -48- LSB 5518HC (15) 84 lh/rj 48/ 84
H.F. _____ 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 35 -49- LSB 5518HC (15) 84 lh/rj 49/ 84
H.F. _____ 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. 35 -50- LSB 5518HC (15) 84 lh/rj 50/ 84
H.F. _____ 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 35 -51- LSB 5518HC (15) 84 lh/rj 51/ 84
H.F. _____ 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 35 -52- LSB 5518HC (15) 84 lh/rj 52/ 84
H.F. _____ 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 -53- LSB 5518HC (15) 84 lh/rj 53/ 84
H.F. _____ 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 -54- LSB 5518HC (15) 84 lh/rj 54/ 84
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 -55- LSB 5518HC (15) 84 lh/rj 55/ 84
H.F. _____ “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 -56- LSB 5518HC (15) 84 lh/rj 56/ 84
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 -57- LSB 5518HC (15) 84 lh/rj 57/ 84
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 -58- LSB 5518HC (15) 84 lh/rj 58/ 84
H.F. _____ 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 -59- LSB 5518HC (15) 84 lh/rj 59/ 84
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 -60- LSB 5518HC (15) 84 lh/rj 60/ 84
H.F. _____ 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 -61- LSB 5518HC (15) 84 lh/rj 61/ 84
H.F. _____ 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- LSB 5518HC (15) 84 lh/rj 62/ 84
H.F. _____ 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 -63- LSB 5518HC (15) 84 lh/rj 63/ 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 -64- LSB 5518HC (15) 84 lh/rj 64/ 84
H.F. _____ 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 -65- LSB 5518HC (15) 84 lh/rj 65/ 84
H.F. _____ (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 -66- LSB 5518HC (15) 84 lh/rj 66/ 84
H.F. _____ 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. 35 -67- LSB 5518HC (15) 84 lh/rj 67/ 84
H.F. _____ 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 . 35 -68- LSB 5518HC (15) 84 lh/rj 68/ 84
H.F. _____ 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 35 -69- LSB 5518HC (15) 84 lh/rj 69/ 84
H.F. _____ 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 -70- LSB 5518HC (15) 84 lh/rj 70/ 84
H.F. _____ 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 -71- LSB 5518HC (15) 84 lh/rj 71/ 84
H.F. _____ 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 -72- LSB 5518HC (15) 84 lh/rj 72/ 84
H.F. _____ 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 -73- LSB 5518HC (15) 84 lh/rj 73/ 84
H.F. _____ 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 -74- LSB 5518HC (15) 84 lh/rj 74/ 84
H.F. _____ 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 -75- LSB 5518HC (15) 84 lh/rj 75/ 84
H.F. _____ 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 -76- LSB 5518HC (15) 84 lh/rj 76/ 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 -77- LSB 5518HC (15) 84 lh/rj 77/ 84
H.F. _____ 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 -78- LSB 5518HC (15) 84 lh/rj 78/ 84
H.F. _____ 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 -79- LSB 5518HC (15) 84 lh/rj 79/ 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 -80- LSB 5518HC (15) 84 lh/rj 80/ 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 35 -81- LSB 5518HC (15) 84 lh/rj 81/ 84
H.F. _____ 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 -82- LSB 5518HC (15) 84 lh/rj 82/ 84
H.F. _____ 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 -83- LSB 5518HC (15) 84 lh/rj 83/ 84
H.F. _____ 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. 13 -84- LSB 5518HC (15) 84 lh/rj 84/ 84