S.F. 2005 Section 1. SHORT TITLE AND INTENT. 1 1. This Act shall be known as the “Restructure or Eliminate 2 Frivolous, Obsolete, and Redundant Mandates in Governments 3 Act”. 4 2. It is the intent of the general assembly to examine all 5 frivolous, obsolete, and redundant mandates in all levels of 6 government and take all necessary actions to restructure or 7 eliminate such mandates to create more efficient governments. 8 Sec. 2. Section 26.3, subsection 2, Code 2011, is amended 9 to read as follows: 10 2. A governmental entity shall have an engineer licensed 11 under chapter 542B , a landscape architect licensed under 12 chapter 544B , or an architect registered under chapter 544A 13 prepare plans and specifications, and calculate the estimated 14 total cost of a proposed public improvement. A governmental 15 entity shall ensure that a sufficient number of paper copies 16 of the project’s contract documents, including all drawings, 17 plans, specifications, and estimated total costs of the 18 proposed public improvement are made available for distribution 19 at no charge to prospective bidders, subcontractor bidders, 20 suppliers, and contractor plan room services. If a deposit is 21 required as part of a paper contract documents distribution 22 policy by the public owner, the deposit shall not exceed two 23 hundred fifty dollars per set which shall be refunded upon 24 return of the contract documents within fourteen days after 25 award of the project. If the contract documents are not 26 returned in a timely manner and in a reusable condition, the 27 deposit shall be forfeited. The governmental entity shall 28 reimburse the landscape architect, architect, or professional 29 engineer for the actual costs of preparation and distribution 30 of plans and specifications. 31 Sec. 3. Section 29B.59, Code 2011, is amended to read as 32 follows: 33 29B.59 Execution of confinement. 34 1. A sentence of confinement adjudged by a military court, 35 -1- LSB 5541XS (2) 84 md/sc 1/ 13

S.F. 2005 whether or not the sentence includes discharge or dismissal, 1 and whether or not the discharge or dismissal has been 2 executed, may be carried into execution by confinement in any 3 place of confinement under the control of any of the forces 4 of the state military forces or in any jail, penitentiary, 5 or prison designated for that purpose. Persons so confined 6 in a jail, penitentiary, or prison are subject to the same 7 discipline and treatment as persons confined or committed to 8 the jail, penitentiary , or prison by the courts of the state or 9 of any political subdivision thereof of the state . 10 2. The omission of the words “hard labor” from any sentence 11 or punishment of a court-martial adjudging confinement does not 12 deprive the authority executing that sentence or punishment of 13 the power to require hard labor as a part of the punishment. 14 3. The keepers, officer, and wardens of city or county jails 15 and of other jails, penitentiaries, or prisons shall receive 16 persons ordered into confinement before trial and persons 17 committed to such confinement by a military court and shall 18 confine them according to law. No such A keeper, officer , or 19 warden may require payment of any a reasonable fee or charge 20 for so receiving or confining a person. 21 Sec. 4. Section 142.3, Code 2011, is amended to read as 22 follows: 23 142.3 Notification of department. 24 Every county medical examiner, funeral director or embalmer, 25 and the managing officer of every public asylum, hospital, 26 county care facility, penitentiary, or reformatory, as soon 27 as any dead body shall come into the person’s custody which 28 may be used for scientific purposes as provided in sections 29 142.1 and 142.2 , shall at once notify the nearest relative 30 or friend of the deceased, if known, and the Iowa department 31 of public health by telegram a secure notification format 32 approved by the department , and hold such body unburied for 33 forty-eight hours. Upon receipt of such telegram notification, 34 the department shall telegraph transmit instructions relative 35 -2- LSB 5541XS (2) 84 md/sc 2/ 13

S.F. 2005 to the disposition to be made of said the body. Complete 1 jurisdiction over said bodies is vested exclusively in the Iowa 2 department of public health. No autopsy or post mortem, except 3 as are legally ordered by county medical examiners, shall be 4 performed on any of said bodies prior to their delivery to the 5 medical schools. 6 Sec. 5. Section 144.32, unnumbered paragraph 1, Code 2011, 7 is amended to read as follows: 8 If a person other than a funeral director, medical examiner, 9 or emergency medical service assumes custody of a dead body 10 or fetus, the person shall secure a burial transit permit. 11 To be valid, the burial transit permit must be issued by the 12 county medical examiner , or a funeral director , or the county 13 registrar of the county where the certificate of death or fetal 14 death was filed . The permit shall be obtained prior to the 15 removal of the body or fetus from the place of death and the 16 permit shall accompany the body or fetus to the place of final 17 disposition. 18 Sec. 6. Section 191.7, Code 2011, is amended to read as 19 follows: 20 191.7 Enforcement of oleomargarine law. 21 It shall be the duty of the secretary of agriculture and the 22 secretary’s agents to enforce this chapter and of the county 23 attorneys and of the attorney general of the state to cooperate 24 with the secretary in the enforcement of this chapter . 25 Sec. 7. Section 217.32, Code 2011, is amended to read as 26 follows: 27 217.32 Office space in county. 28 Where the department of human services assigns personnel to 29 an office located in a county for the purpose of performing in 30 that county designated duties and responsibilities assigned by 31 law to the department, it shall be the responsibility of the 32 county to provide and maintain the necessary office space and 33 office supplies and equipment for the personnel so assigned 34 in the same manner as if they were employees of the county. 35 -3- LSB 5541XS (2) 84 md/sc 3/ 13

S.F. 2005 The department shall at least annually, or more frequently if 1 the department so elects, reimburse the county for a portion, 2 designated by law, of the cost of maintaining office space and 3 providing supplies and equipment as required by this section , 4 and also for a similar portion of the cost of providing the 5 necessary office space if in order to do so it is necessary 6 for the county to lease office space outside the courthouse or 7 any other building owned by the county. The portion of the 8 foregoing costs reimbursed to the county under this section 9 shall be equivalent to the proportion of those costs which the 10 federal government authorizes to be paid from available federal 11 funds, unless the general assembly directs otherwise when 12 appropriating funds for support of the department. 13 Sec. 8. Section 297.26, Code 2011, is amended to read as 14 follows: 15 297.26 Sale by department. 16 Any school building or any school site, the title of which 17 is vested in the state of Iowa by reason of it having been 18 provided by state mining camp funds for schools in mining 19 camps, shall may be sold at public or private sale by the 20 department when the director of the department of education 21 determines it is no longer needed for school purposes. 22 Sec. 9. Section 331.302, subsection 10, paragraph a, 23 subparagraph (2), Code 2011, is amended to read as follows: 24 (2) If a proposed code of ordinances contains a proposed new 25 ordinance or amendment, the board shall hold a public hearing 26 on the proposed code before adoption. The auditor shall 27 publish notice of the hearing as provided in section 331.305 . 28 Copies of the proposed code of ordinances shall be available at 29 the auditor’s office or on the auditor’s internet site, and the 30 notice shall so state. Within thirty days after the hearing, 31 the board may adopt the proposed code of ordinances which 32 becomes law upon publication of the ordinance adopting it. If 33 the board substantially amends the proposed code of ordinances 34 after a hearing, notice and hearing shall be repeated. 35 -4- LSB 5541XS (2) 84 md/sc 4/ 13

S.F. 2005 Sec. 10. Section 331.302, subsection 10, paragraph b, Code 1 2011, is amended to read as follows: 2 b. Ordinances and amendments which become effective 3 after adoption of a code of ordinances may be compiled as a 4 supplement to the code, and upon adoption of the supplement by 5 resolution, become part of the code of ordinances. In lieu of 6 other publication, the supplement under this paragraph may be 7 made available on the auditor’s internet site. 8 Sec. 11. Section 331.302, subsection 10, Code 2011, is 9 amended by adding the following new paragraph: 10 NEW PARAGRAPH . d. The compilation of the code of ordinances 11 required under this subsection may be accomplished by the use 12 of electronic means and electronic publication. 13 Sec. 12. Section 331.602, subsection 27, Code 2011, is 14 amended by striking the subsection. 15 Sec. 13. Section 331.653, subsection 27, Code 2011, is 16 amended to read as follows: 17 27. Give notice of the time and place of making an 18 appraisement of unneeded school land as provided in sections 19 section 297.17 and 297.28 . 20 Sec. 14. Section 331.756, subsection 36, Code Supplement 21 2011, is amended by striking the subsection. 22 Sec. 15. Section 331.802, subsection 3, paragraph e, Code 23 2011, is amended to read as follows: 24 e. Death that has occurred unexpectedly or from an 25 unexplained cause. 26 Sec. 16. Section 356.49, Code 2011, is amended to read as 27 follows: 28 356.49 Jail report. 29 A county sheriff shall file, on a monthly basis, a written 30 report with the director of the department of corrections. 31 The report shall include, but not be restricted to, the total 32 number of men, women, and juveniles held in the jail for 33 the reporting month. The director shall adopt and provide 34 a uniform reporting form to be utilized by county sheriffs. 35 -5- LSB 5541XS (2) 84 md/sc 5/ 13

S.F. 2005 The director may require electronic filing of such reports by 1 county sheriffs. 2 Sec. 17. Section 380.8, subsection 1, paragraph b, Code 3 2011, is amended to read as follows: 4 b. A city may maintain a code of ordinances either by 5 compiling at least annually a supplement to the code of 6 ordinances consisting of all new ordinances and amendments to 7 ordinances which became effective during the previous year and 8 adopting the supplement by resolution or by adding at least 9 annually new ordinances and amendments to ordinances to the 10 code of ordinances itself. In lieu of other publication, the 11 supplement under this paragraph may be made available on the 12 city’s internet site. 13 Sec. 18. Section 380.8, subsection 2, paragraph b, Code 14 2011, is amended to read as follows: 15 b. If a proposed code of ordinances contains a new ordinance 16 or an amendment to existing ordinances, the council shall 17 hold a public hearing on the proposed code before adoption. 18 The clerk shall publish notice of the hearing as provided in 19 section 362.3 . Copies of the proposed code of ordinances 20 must be available at the city clerk’s office or on the city’s 21 internet site, and the notice must so state. Within thirty 22 days after the hearing, the council may adopt the proposed 23 code of ordinances. A new ordinance or an amendment to an 24 existing ordinance becomes effective upon publication of the 25 ordinance adopting the code of ordinances unless a subsequent 26 effective date is provided within an ordinance. If the council 27 substantially amends the proposed code of ordinances after the 28 hearing, notice and hearing must be repeated before the code 29 may be adopted. 30 Sec. 19. Section 380.8, Code 2011, is amended by adding the 31 following new subsection: 32 NEW SUBSECTION . 4. The compilation of the code of 33 ordinances required under this section may be accomplished by 34 the use of electronic means and electronic publication. 35 -6- LSB 5541XS (2) 84 md/sc 6/ 13

S.F. 2005 Sec. 20. Section 380.10, subsections 1 and 3, Code 2011, are 1 amended to read as follows: 2 1. A city may adopt the provisions of any statewide or 3 nationally recognized standard code or portions of any such 4 code by an ordinance which identifies the code by subject 5 matter, source and date, and which incorporates the provisions 6 of the code or portions of the code by reference without 7 setting them forth in full. Copies of the proposed code or 8 portions of such code shall be available at the office of the 9 city clerk or on the city’s internet site . 10 3. Copies of any portions of the Code of Iowa to be adopted 11 by reference shall be available at the city clerk’s office or 12 on the city’s internet site . The council shall hold a public 13 hearing on any proposed standard code or on the portions of any 14 standard code to be adopted by reference. The council shall 15 hold a public hearing on any portion of the Code of Iowa to 16 be adopted by reference. The clerk shall publish notice of 17 the hearing as provided in section 362.3 . The notice must 18 state that copies of the proposed standard code or portions 19 thereof, or of the portion of the Iowa Code, are available at 20 the city clerk’s office or on the city’s internet site . If 21 the council substantially amends the proposed code after the 22 hearing, notice and hearing must be repeated before the code 23 may be adopted. Within thirty days after the hearing, the 24 council by ordinance may adopt the proposed code which becomes 25 effective upon publication of the ordinance adopting it, unless 26 a subsequent effective date is provided within the adopting 27 ordinance. 28 Sec. 21. Section 455B.103A, subsection 1, paragraph b, Code 29 2011, is amended to read as follows: 30 b. Following the effective date of a general permit, a 31 person proposing to conduct activities covered by the general 32 permit shall provide a notice of intent to conduct a covered 33 activity on a form provided by the department. A person shall 34 also provide public notice of intent to conduct activities 35 -7- LSB 5541XS (2) 84 md/sc 7/ 13

S.F. 2005 covered under the general permit by publishing notice in two 1 newspapers with the largest circulation in the area in which 2 the facility is located. Notice of the discontinuation of a 3 permitted activity shall be provided in the same manner. 4 Sec. 22. Section 459.312, subsection 4, Code Supplement 5 2011, is amended by adding the following new paragraph: 6 NEW PARAGRAPH . c. A manure management plan required to be 7 delivered to a board of supervisors by the department or by the 8 person submitting the manure management plan may be delivered 9 electronically. 10 Sec. 23. Section 468.14, Code 2011, is amended to read as 11 follows: 12 468.14 Notice of hearing. 13 When any plan and report of the engineer has been approved 14 by the board, such approval shall be entered of record in its 15 proceedings as a tentative plan only for the establishment 16 of said improvement. Thereupon it shall enter an order 17 fixing a date for the hearing upon the petition not less 18 than forty days from the date of the order of approval, and 19 directing the auditor immediately to cause notice to be given 20 to the owner of each tract of land or lot within the proposed 21 levee or drainage district as shown by the transfer books 22 of the auditor’s office, including railway companies having 23 right-of-way in the proposed district and to all lienholders 24 or encumbrancers of any land within the proposed district 25 without naming them, and also to all other persons whom it may 26 concern, and without naming individuals all actual occupants of 27 the land in the proposed district, of the pendency and prayer 28 of the said petition, including a statement describing the 29 favorable report thereon by the engineer, and that such report 30 may be amended before final action, the approval thereof by 31 the board as a tentative plan, and the day and the hour set 32 for hearing on said petition and report, and that all claims 33 for damages except claims for land required for right-of-way, 34 and all objections to the establishment of said district for 35 -8- LSB 5541XS (2) 84 md/sc 8/ 13

S.F. 2005 any reason must be made in writing and filed in the office 1 of the auditor at or before the time set for such hearing. 2 The notice required under this section shall also include a 3 statement describing the location and times that the engineer’s 4 report may be reviewed at either a county office or on a county 5 internet site. 6 Sec. 24. Section 600B.23, Code 2011, is amended to read as 7 follows: 8 600B.23 Costs payable by county. 9 If the finding of the court be in favor of the defendant the 10 costs of the action shall be paid by the complainant, unless 11 the complainant is deemed indigent by the court, then the costs 12 of the action shall be paid by the county. 13 Sec. 25. Section 714.16, subsection 2, paragraph g, Code 14 2011, is amended to read as follows: 15 g. (1) It is an unlawful practice for a person to acquire 16 directly or indirectly an interest in a business which has 17 either gone out of business or is going out of business 18 and conduct or continue a going-out-of-business sale where 19 additional merchandise has been added to the merchandise 20 of the liquidating business for the purposes of the sale, 21 unless the person provides a clear and conspicuous notice 22 in all advertisements that merchandise has been added. The 23 advertisement shall also state the customary retail price of 24 the merchandise that has been added or brought in for the 25 sale. The person acquiring the interest shall obtain a permit 26 to hold the sale before commencing the sale. If the sale 27 is to be held in a city which has an ordinance regulating 28 going-out-of-business sales, then the permit shall be obtained 29 from the city. If the sale is to be located outside of a 30 city or in a city which does not have an ordinance regulating 31 going-out-of-business sales, then the permit shall be obtained 32 from the county in which the proposed sale is to be held. The 33 county board of supervisors shall prescribe the procedures 34 necessary to obtain the permit. The permit shall state the 35 -9- LSB 5541XS (2) 84 md/sc 9/ 13

S.F. 2005 percentage of merchandise for sale that was obtained from 1 the liquidating business and the percentage of merchandise 2 for sale that was added from other sources. The permit or 3 an accurate reproduction of the permit shall be clearly and 4 conspicuously posted at all entrances to the site of the sale 5 and at all locations where sales are consummated. A person who 6 violates this paragraph, including any misrepresentation of 7 the presence and the percentage of additional merchandise that 8 had been added to that of the liquidating company, is liable 9 for a civil penalty of not to exceed one thousand dollars for 10 each day of each violation. The civil penalties collected 11 shall be deposited in the general fund of the political entity 12 city which prosecutes the violation. The civil penalty is 13 in addition to and not in lieu of any criminal penalty. A 14 political entity city enforcing this paragraph may obtain a 15 preliminary injunction without posting a bond to enjoin a 16 violation of paragraph “c” and this paragraph pending a hearing. 17 (2) This paragraph does not prohibit a city or county 18 from adopting an ordinance prohibiting the conducting of a 19 going-out-of-business sale in which additional merchandise is 20 added to the merchandise of the liquidating business for the 21 purposes of the sale. 22 Sec. 26. REPEAL. Sections 207.11, 208.21, and sections 23 297.27 through 297.32, Code 2011, are repealed. 24 EXPLANATION 25 This bill relates to certain duties and operations of 26 governmental entities and related enforcement actions. The 27 bill is designated as the “Restructure or Eliminate Frivolous, 28 Obsolete, and Redundant Mandates in Governments Act”. The 29 bill states that it is the intent of the general assembly to 30 examine all frivolous, obsolete, and redundant mandates in 31 all levels of government and take all necessary actions to 32 restructure or eliminate such mandates. 33 Under Code section 26.3 relating to competitive bidding 34 for public improvements, a governmental entity is required 35 -10- LSB 5541XS (2) 84 md/sc 10/ 13

S.F. 2005 to provide a sufficient number of paper copies of the 1 project’s contract documents, including all drawings, plans, 2 specifications, and estimated total costs. The bill strikes 3 the prohibition on governmental entities charging for providing 4 such items to prospective bidders, subcontractor bidders, 5 suppliers, and contractor plan room services. 6 Current Code section 29B.59 provides that city or county 7 jails and other jails, penitentiaries, or prisons must receive 8 persons ordered into confinement by a military court and 9 prohibits such jails, penitentiaries, or prisons from requiring 10 payment of a fee or charge for receiving or confining the 11 person. The bill allows such jails, penitentiaries, or prisons 12 to require a reasonable fee or charge in such situations. 13 Current Code section 142.3 requires a county medical 14 examiner, funeral director or embalmer, and the managing 15 officer of every public asylum, hospital, county care facility, 16 penitentiary, or reformatory, as soon as any dead body shall 17 come into the person’s custody which may be used for scientific 18 purposes to notify the nearest relative or friend of the 19 deceased, if known, and the Iowa department of public health 20 by telegram. The bill allows such notification to occur by a 21 secure notification format approved by the department of public 22 health. 23 The bill removes the county registrar (county recorder) from 24 the list of persons who may issue a burial transit permit. 25 The bill removes the county attorney from those persons 26 required to enforce Code chapter 191 (oleomargarine law). 27 The bill repeals Code sections 207.11 and 208.21 relating to 28 agencies, political subdivisions, and publicly owned utilities 29 or corporations that engage in certain mining activities. Code 30 sections 207.11 and 208.21 subject such entities that engage in 31 mining to similar mining regulations as other mining entities. 32 Code section 217.32 requires the counties to provide 33 and maintain necessary office space and office supplies and 34 equipment for certain department of human services personnel 35 -11- LSB 5541XS (2) 84 md/sc 11/ 13

S.F. 2005 that are assigned to duties in the county. Code section 217.32 1 further provides that the department of human services shall 2 reimburse the county for a portion of such costs that is 3 equivalent to the proportion of those costs which the federal 4 government authorizes to be paid unless the general assembly 5 directs otherwise. The bill requires reimbursement to the 6 county of the total cost of maintaining the office space and 7 providing supplies and equipment. 8 The bill repeals several Code sections relating to the 9 disposition of certain state-owned buildings and school sites 10 (provided by state mining camp funds for schools in mining 11 camps). The bill provides that such property may be sold at 12 public or private sale by the department of education when the 13 director of the department of education determines that it is 14 no longer needed for school purposes. 15 The bill amends provisions relating to the compilation of a 16 code of ordinances by each county under Code section 331.302 17 and each city under Code section 380.8. The bill allows such 18 compilation and related supplements to be accomplished by the 19 use of electronic means and electronic publication. The bill 20 also permits cities and counties to make certain standards and 21 codes adopted by reference available on the entity’s internet 22 site. 23 The bill strikes a requirement that the county recorder 24 carry out duties relating to the recordation of articles of 25 incorporation and other instruments for savings and loan 26 associations as provided in Code chapter 534. 27 The bill strikes a provision classifying an unexpected death 28 as a death which affects the public interest. If a death 29 is classified as a death that affects the public interest, 30 the state or county medical examiner must be notified and a 31 preliminary investigation of the death must be conducted. 32 Code section 356.49 requires the county sheriff to file a 33 monthly written report with the director of the department of 34 corrections relating to the total number of persons held in 35 -12- LSB 5541XS (2) 84 md/sc 12/ 13

S.F. 2005 the jail. The bill allows the director of the department of 1 corrections to require electronic filing of such reports. 2 As a condition of the general permit under Code section 3 455B.103A, a person proposing to conduct activities covered 4 by a general permit is required to provide notice of intent 5 to conduct a covered activity to the department of natural 6 resources. The bill strikes the additional notice requirement 7 of publication in two newspapers with the largest circulation 8 in the area and the requirement that such notices be provided 9 and published when such activities are discontinued. 10 The bill allows certain manure management plans that are 11 required to be delivered to a county board of supervisors under 12 Code section 459.312(4) to be delivered electronically. 13 The bill specifies that notices provided by the county 14 auditor under Code section 468.14, relating to the approval 15 of a proposed levee and drainage district plan and engineer’s 16 report, must include a statement describing the favorable 17 report of the engineer. Such notice must also include a 18 statement describing the location and times that the engineer’s 19 report may be reviewed at either a county office or on a county 20 internet site. 21 The bill provides that in proceedings under Code chapter 22 600B (paternity and obligations for support) if the finding of 23 the court is in favor of the defendant the costs of the action 24 shall be paid by the complainant, unless the complainant is 25 deemed indigent, then the costs of the action are paid by the 26 county. 27 The bill strikes the requirement for counties to issue 28 going-out-of-business sale permits for such sales occurring in 29 a city that does not regulate going-out-of-business sales or in 30 the unincorporated areas of the county. The bill also strikes 31 other references to counties relating to the regulation of 32 going-out-of-business sales. 33 -13- LSB 5541XS (2) 84 md/sc 13/ 13