Senate
File
2124
-
Introduced
SENATE
FILE
2124
BY
BARTZ
A
BILL
FOR
An
Act
relating
to
the
duties,
authority,
and
operations
of
1
governmental
entities
and
officials
and
certain
governmental
2
enforcement
actions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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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,
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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.
NEW
SECTION
.
43.2A
Commissioner’s
office
hours
22
before
the
election.
23
Prior
to
publication
of
the
notice
of
election
under
24
section
49.53,
the
commissioner
shall
determine
whether
the
25
commissioner’s
office
will
be
open
on
the
Saturday
before
26
the
primary
election.
In
making
such
a
determination,
the
27
commissioner
shall
give
consideration
to
the
number
of
absentee
28
ballots
cast
for
the
primary
election
held
four
years
previous
29
and
the
number
of
voter
registrations
received
before
the
close
30
of
registration
under
section
48A.9
for
the
primary
election
31
held
four
years
previous.
The
notice
of
election
shall
include
32
information
as
to
whether
the
commissioner’s
office
will
be
33
open
on
the
Saturday
before
the
election
and
the
hours
that
the
34
commissioner’s
office
will
be
open
on
that
Saturday.
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Sec.
5.
Section
48A.26,
subsection
3,
Code
2011,
is
amended
1
to
read
as
follows:
2
3.
If
the
registration
form
is
missing
required
information
3
pursuant
to
section
48A.11,
subsection
8
,
the
acknowledgment
4
shall
advise
the
applicant
what
additional
information
is
5
required.
The
commissioner
shall
enclose
a
new
registration
6
form
for
the
applicant
to
use.
If
the
registration
form
has
7
no
address,
the
commissioner
shall
make
a
reasonable
effort
8
to
determine
where
the
acknowledgment
should
be
sent.
If
the
9
incomplete
registration
form
is
received
during
the
period
in
10
which
registration
is
closed
pursuant
to
section
48A.9
but
11
by
5:00
p.m.
on
the
Saturday
before
the
election
for
general
12
and
primary
elections
,
by
5:00
p.m.
on
the
Friday
or
Saturday
13
before
the
primary
election
pursuant
to
section
43.2A,
or
by
14
5:00
p.m.
on
the
Friday
before
the
election
for
all
other
15
elections,
the
commissioner
shall
send
a
notice
advising
the
16
applicant
of
election
day
and
in-person
absentee
registration
17
procedures
under
section
48A.7A
.
18
Sec.
6.
Section
53.2,
subsection
6,
Code
2011,
is
amended
19
to
read
as
follows:
20
6.
If
an
application
for
an
absentee
ballot
is
received
21
from
an
eligible
elector
who
is
not
a
registered
voter
22
the
commissioner
shall
send
the
eligible
elector
a
voter
23
registration
form
and
another
absentee
ballot
application
form.
24
If
the
application
is
received
after
the
time
registration
25
closes
pursuant
to
section
48A.9
but
by
5:00
p.m.
on
the
26
Saturday
before
the
election
for
general
and
primary
elections
,
27
by
5:00
p.m.
on
the
Friday
or
Saturday
before
the
primary
28
election
pursuant
to
section
43.2A,
or
by
5:00
p.m.
on
the
29
Friday
before
the
election
for
all
other
elections,
the
30
commissioner
shall
notify
the
applicant
by
mail
of
the
election
31
day
and
in-person
absentee
registration
provisions
of
section
32
48A.7A
.
In
addition
to
notification
by
mail,
the
commissioner
33
shall
also
attempt
to
contact
the
applicant
by
any
other
method
34
available
to
the
commissioner.
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Sec.
7.
Section
53.18,
subsection
2,
Code
2011,
is
amended
1
to
read
as
follows:
2
2.
If
the
commissioner
receives
the
return
envelope
3
containing
the
completed
absentee
ballot
by
5:00
p.m.
on
4
the
Saturday
before
the
election
for
general
and
primary
5
elections
,
by
5:00
p.m.
on
the
Friday
or
Saturday
before
the
6
primary
election
pursuant
to
section
43.2A,
and
by
5:00
p.m.
7
on
the
Friday
before
the
election
for
all
other
elections,
the
8
commissioner
shall
open
the
envelope
to
review
the
affidavit
9
for
completeness.
If
the
affidavit
is
incomplete,
the
10
commissioner
shall,
within
twenty-four
hours
of
the
time
the
11
envelope
was
received,
notify
the
voter
of
that
fact
and
that
12
the
voter
may
complete
the
affidavit
in
person
at
the
office
of
13
the
commissioner
by
5:00
p.m.
on
the
day
before
the
election,
14
vote
a
replacement
ballot
in
the
manner
and
within
the
time
15
period
provided
in
subsection
3
,
or
appear
at
the
voter’s
16
precinct
polling
place
on
election
day
and
cast
a
ballot
in
17
accordance
with
section
53.19,
subsection
3
.
18
Sec.
8.
Section
142.3,
Code
2011,
is
amended
to
read
as
19
follows:
20
142.3
Notification
of
department.
21
Every
county
medical
examiner,
funeral
director
or
embalmer,
22
and
the
managing
officer
of
every
public
asylum,
hospital,
23
county
care
facility,
penitentiary,
or
reformatory,
as
soon
24
as
any
dead
body
shall
come
into
the
person’s
custody
which
25
may
be
used
for
scientific
purposes
as
provided
in
sections
26
142.1
and
142.2
,
shall
at
once
notify
the
nearest
relative
27
or
friend
of
the
deceased,
if
known,
and
the
Iowa
department
28
of
public
health
by
telegram
a
secure
notification
format
29
approved
by
the
department
,
and
hold
such
body
unburied
for
30
forty-eight
hours.
Upon
receipt
of
such
telegram
notification,
31
the
department
shall
telegraph
transmit
instructions
relative
32
to
the
disposition
to
be
made
of
said
the
body.
Complete
33
jurisdiction
over
said
bodies
is
vested
exclusively
in
the
Iowa
34
department
of
public
health.
No
autopsy
or
post
mortem,
except
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as
are
legally
ordered
by
county
medical
examiners,
shall
be
1
performed
on
any
of
said
bodies
prior
to
their
delivery
to
the
2
medical
schools.
3
Sec.
9.
Section
144.32,
unnumbered
paragraph
1,
Code
2011,
4
is
amended
to
read
as
follows:
5
If
a
person
other
than
a
funeral
director,
medical
examiner,
6
or
emergency
medical
service
assumes
custody
of
a
dead
body
7
or
fetus,
the
person
shall
secure
a
burial
transit
permit.
8
To
be
valid,
the
burial
transit
permit
must
be
issued
by
the
9
county
medical
examiner
,
or
a
funeral
director
,
or
the
county
10
registrar
of
the
county
where
the
certificate
of
death
or
fetal
11
death
was
filed
.
The
permit
shall
be
obtained
prior
to
the
12
removal
of
the
body
or
fetus
from
the
place
of
death
and
the
13
permit
shall
accompany
the
body
or
fetus
to
the
place
of
final
14
disposition.
15
Sec.
10.
Section
191.7,
Code
2011,
is
amended
to
read
as
16
follows:
17
191.7
Enforcement
of
oleomargarine
law.
18
It
shall
be
the
duty
of
the
secretary
of
agriculture
and
the
19
secretary’s
agents
to
enforce
this
chapter
and
of
the
county
20
attorneys
and
of
the
attorney
general
of
the
state
to
cooperate
21
with
the
secretary
in
the
enforcement
of
this
chapter
.
22
Sec.
11.
Section
217.32,
Code
2011,
is
amended
to
read
as
23
follows:
24
217.32
Office
space
in
county.
25
Where
the
department
of
human
services
assigns
personnel
to
26
an
office
located
in
a
county
for
the
purpose
of
performing
in
27
that
county
designated
duties
and
responsibilities
assigned
by
28
law
to
the
department,
it
shall
be
the
responsibility
of
the
29
county
to
provide
and
maintain
the
necessary
office
space
and
30
office
supplies
and
equipment
for
the
personnel
so
assigned
31
in
the
same
manner
as
if
they
were
employees
of
the
county.
32
The
department
shall
at
least
annually,
or
more
frequently
if
33
the
department
so
elects,
reimburse
the
county
for
a
portion,
34
designated
by
law,
of
the
cost
of
maintaining
office
space
and
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providing
supplies
and
equipment
as
required
by
this
section
,
1
and
also
for
a
similar
portion
of
the
cost
of
providing
the
2
necessary
office
space
if
in
order
to
do
so
it
is
necessary
3
for
the
county
to
lease
office
space
outside
the
courthouse
or
4
any
other
building
owned
by
the
county.
The
portion
of
the
5
foregoing
costs
reimbursed
to
the
county
under
this
section
6
shall
be
equivalent
to
the
proportion
of
those
costs
which
the
7
federal
government
authorizes
to
be
paid
from
available
federal
8
funds,
unless
the
general
assembly
directs
otherwise
when
9
appropriating
funds
for
support
of
the
department.
10
Sec.
12.
Section
297.26,
Code
2011,
is
amended
to
read
as
11
follows:
12
297.26
Sale
by
department.
13
Any
school
building
or
any
school
site,
the
title
of
which
14
is
vested
in
the
state
of
Iowa
by
reason
of
it
having
been
15
provided
by
state
mining
camp
funds
for
schools
in
mining
16
camps,
shall
may
be
sold
at
public
or
private
sale
by
the
17
department
when
the
director
of
the
department
of
education
18
determines
it
is
no
longer
needed
for
school
purposes.
19
Sec.
13.
Section
331.302,
subsection
10,
paragraph
a,
20
subparagraph
(2),
Code
2011,
is
amended
to
read
as
follows:
21
(2)
If
a
proposed
code
of
ordinances
contains
a
proposed
new
22
ordinance
or
amendment,
the
board
shall
hold
a
public
hearing
23
on
the
proposed
code
before
adoption.
The
auditor
shall
24
publish
notice
of
the
hearing
as
provided
in
section
331.305
.
25
Copies
of
the
proposed
code
of
ordinances
shall
be
available
at
26
the
auditor’s
office
or
on
the
auditor’s
internet
site,
and
the
27
notice
shall
so
state.
Within
thirty
days
after
the
hearing,
28
the
board
may
adopt
the
proposed
code
of
ordinances
which
29
becomes
law
upon
publication
of
the
ordinance
adopting
it.
If
30
the
board
substantially
amends
the
proposed
code
of
ordinances
31
after
a
hearing,
notice
and
hearing
shall
be
repeated.
32
Sec.
14.
Section
331.302,
subsection
10,
paragraph
b,
Code
33
2011,
is
amended
to
read
as
follows:
34
b.
Ordinances
and
amendments
which
become
effective
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after
adoption
of
a
code
of
ordinances
may
be
compiled
as
a
1
supplement
to
the
code,
and
upon
adoption
of
the
supplement
by
2
resolution,
become
part
of
the
code
of
ordinances.
In
lieu
of
3
other
publication,
the
supplement
under
this
paragraph
may
be
4
made
available
on
the
auditor’s
internet
site.
5
Sec.
15.
Section
331.302,
subsection
10,
Code
2011,
is
6
amended
by
adding
the
following
new
paragraph:
7
NEW
PARAGRAPH
.
d.
The
compilation
of
the
code
of
ordinances
8
required
under
this
subsection
may
be
accomplished
by
the
use
9
of
electronic
means
and
electronic
publication.
10
Sec.
16.
Section
331.602,
subsection
27,
Code
2011,
is
11
amended
by
striking
the
subsection.
12
Sec.
17.
Section
331.653,
subsection
27,
Code
2011,
is
13
amended
to
read
as
follows:
14
27.
Give
notice
of
the
time
and
place
of
making
an
15
appraisement
of
unneeded
school
land
as
provided
in
sections
16
section
297.17
and
297.28
.
17
Sec.
18.
Section
331.756,
subsection
36,
Code
Supplement
18
2011,
is
amended
by
striking
the
subsection.
19
Sec.
19.
Section
331.802,
subsection
3,
paragraph
e,
Code
20
2011,
is
amended
to
read
as
follows:
21
e.
Death
that
has
occurred
unexpectedly
or
from
an
22
unexplained
cause.
23
Sec.
20.
Section
356.49,
Code
2011,
is
amended
to
read
as
24
follows:
25
356.49
Jail
report.
26
A
county
sheriff
shall
file,
on
a
monthly
basis,
a
written
27
report
with
the
director
of
the
department
of
corrections.
28
The
report
shall
include,
but
not
be
restricted
to,
the
total
29
number
of
men,
women,
and
juveniles
held
in
the
jail
for
30
the
reporting
month.
The
director
shall
adopt
and
provide
31
a
uniform
reporting
form
to
be
utilized
by
county
sheriffs.
32
The
director
may
require
electronic
filing
of
such
reports
by
33
county
sheriffs.
34
Sec.
21.
Section
380.8,
subsection
1,
paragraph
b,
Code
35
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2011,
is
amended
to
read
as
follows:
1
b.
A
city
may
maintain
a
code
of
ordinances
either
by
2
compiling
at
least
annually
a
supplement
to
the
code
of
3
ordinances
consisting
of
all
new
ordinances
and
amendments
to
4
ordinances
which
became
effective
during
the
previous
year
and
5
adopting
the
supplement
by
resolution
or
by
adding
at
least
6
annually
new
ordinances
and
amendments
to
ordinances
to
the
7
code
of
ordinances
itself.
In
lieu
of
other
publication,
the
8
supplement
under
this
paragraph
may
be
made
available
on
the
9
city’s
internet
site.
10
Sec.
22.
Section
380.8,
subsection
2,
paragraph
b,
Code
11
2011,
is
amended
to
read
as
follows:
12
b.
If
a
proposed
code
of
ordinances
contains
a
new
ordinance
13
or
an
amendment
to
existing
ordinances,
the
council
shall
14
hold
a
public
hearing
on
the
proposed
code
before
adoption.
15
The
clerk
shall
publish
notice
of
the
hearing
as
provided
in
16
section
362.3
.
Copies
of
the
proposed
code
of
ordinances
17
must
be
available
at
the
city
clerk’s
office
or
on
the
city’s
18
internet
site,
and
the
notice
must
so
state.
Within
thirty
19
days
after
the
hearing,
the
council
may
adopt
the
proposed
20
code
of
ordinances.
A
new
ordinance
or
an
amendment
to
an
21
existing
ordinance
becomes
effective
upon
publication
of
the
22
ordinance
adopting
the
code
of
ordinances
unless
a
subsequent
23
effective
date
is
provided
within
an
ordinance.
If
the
council
24
substantially
amends
the
proposed
code
of
ordinances
after
the
25
hearing,
notice
and
hearing
must
be
repeated
before
the
code
26
may
be
adopted.
27
Sec.
23.
Section
380.8,
Code
2011,
is
amended
by
adding
the
28
following
new
subsection:
29
NEW
SUBSECTION
.
4.
The
compilation
of
the
code
of
30
ordinances
required
under
this
section
may
be
accomplished
by
31
the
use
of
electronic
means
and
electronic
publication.
32
Sec.
24.
Section
380.10,
subsections
1
and
3,
Code
2011,
are
33
amended
to
read
as
follows:
34
1.
A
city
may
adopt
the
provisions
of
any
statewide
or
35
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nationally
recognized
standard
code
or
portions
of
any
such
1
code
by
an
ordinance
which
identifies
the
code
by
subject
2
matter,
source
and
date,
and
which
incorporates
the
provisions
3
of
the
code
or
portions
of
the
code
by
reference
without
4
setting
them
forth
in
full.
Copies
of
the
proposed
code
or
5
portions
of
such
code
shall
be
available
at
the
office
of
the
6
city
clerk
or
on
the
city’s
internet
site
.
7
3.
Copies
of
any
portions
of
the
Code
of
Iowa
to
be
adopted
8
by
reference
shall
be
available
at
the
city
clerk’s
office
or
9
on
the
city’s
internet
site
.
The
council
shall
hold
a
public
10
hearing
on
any
proposed
standard
code
or
on
the
portions
of
any
11
standard
code
to
be
adopted
by
reference.
The
council
shall
12
hold
a
public
hearing
on
any
portion
of
the
Code
of
Iowa
to
13
be
adopted
by
reference.
The
clerk
shall
publish
notice
of
14
the
hearing
as
provided
in
section
362.3
.
The
notice
must
15
state
that
copies
of
the
proposed
standard
code
or
portions
16
thereof,
or
of
the
portion
of
the
Iowa
Code,
are
available
at
17
the
city
clerk’s
office
or
on
the
city’s
internet
site
.
If
18
the
council
substantially
amends
the
proposed
code
after
the
19
hearing,
notice
and
hearing
must
be
repeated
before
the
code
20
may
be
adopted.
Within
thirty
days
after
the
hearing,
the
21
council
by
ordinance
may
adopt
the
proposed
code
which
becomes
22
effective
upon
publication
of
the
ordinance
adopting
it,
unless
23
a
subsequent
effective
date
is
provided
within
the
adopting
24
ordinance.
25
Sec.
25.
Section
455B.103A,
subsection
1,
paragraph
b,
Code
26
2011,
is
amended
to
read
as
follows:
27
b.
Following
the
effective
date
of
a
general
permit,
a
28
person
proposing
to
conduct
activities
covered
by
the
general
29
permit
shall
provide
a
notice
of
intent
to
conduct
a
covered
30
activity
on
a
form
provided
by
the
department.
A
person
shall
31
also
provide
public
notice
of
intent
to
conduct
activities
32
covered
under
the
general
permit
by
publishing
notice
in
two
33
newspapers
with
the
largest
circulation
in
the
area
in
which
34
the
facility
is
located.
Notice
of
the
discontinuation
of
a
35
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permitted
activity
shall
be
provided
in
the
same
manner.
1
Sec.
26.
Section
459.312,
subsection
4,
Code
Supplement
2
2011,
is
amended
by
adding
the
following
new
paragraph:
3
NEW
PARAGRAPH
.
c.
A
manure
management
plan
required
to
be
4
delivered
to
a
board
of
supervisors
by
the
department
or
by
the
5
person
submitting
the
manure
management
plan
may
be
delivered
6
electronically.
7
Sec.
27.
Section
468.14,
Code
2011,
is
amended
to
read
as
8
follows:
9
468.14
Notice
of
hearing.
10
When
any
plan
and
report
of
the
engineer
has
been
approved
11
by
the
board,
such
approval
shall
be
entered
of
record
in
its
12
proceedings
as
a
tentative
plan
only
for
the
establishment
13
of
said
improvement.
Thereupon
it
shall
enter
an
order
14
fixing
a
date
for
the
hearing
upon
the
petition
not
less
15
than
forty
days
from
the
date
of
the
order
of
approval,
and
16
directing
the
auditor
immediately
to
cause
notice
to
be
given
17
to
the
owner
of
each
tract
of
land
or
lot
within
the
proposed
18
levee
or
drainage
district
as
shown
by
the
transfer
books
19
of
the
auditor’s
office,
including
railway
companies
having
20
right-of-way
in
the
proposed
district
and
to
all
lienholders
21
or
encumbrancers
of
any
land
within
the
proposed
district
22
without
naming
them,
and
also
to
all
other
persons
whom
it
may
23
concern,
and
without
naming
individuals
all
actual
occupants
of
24
the
land
in
the
proposed
district,
of
the
pendency
and
prayer
25
of
the
said
petition,
including
a
statement
describing
the
26
favorable
report
thereon
by
the
engineer,
and
that
such
report
27
may
be
amended
before
final
action,
the
approval
thereof
by
28
the
board
as
a
tentative
plan,
and
the
day
and
the
hour
set
29
for
hearing
on
said
petition
and
report,
and
that
all
claims
30
for
damages
except
claims
for
land
required
for
right-of-way,
31
and
all
objections
to
the
establishment
of
said
district
for
32
any
reason
must
be
made
in
writing
and
filed
in
the
office
33
of
the
auditor
at
or
before
the
time
set
for
such
hearing.
34
The
notice
required
under
this
section
shall
also
include
a
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statement
describing
the
location
and
times
that
the
engineer’s
1
report
may
be
reviewed
at
either
a
county
office
or
on
a
county
2
internet
site.
3
Sec.
28.
Section
600B.23,
Code
2011,
is
amended
to
read
as
4
follows:
5
600B.23
Costs
payable
by
county.
6
If
the
finding
of
the
court
be
in
favor
of
the
defendant
the
7
costs
of
the
action
shall
be
paid
by
the
complainant,
unless
8
the
complainant
is
deemed
indigent
by
the
court,
then
the
costs
9
of
the
action
shall
be
paid
by
the
county.
10
Sec.
29.
Section
714.16,
subsection
2,
paragraph
g,
Code
11
2011,
is
amended
to
read
as
follows:
12
g.
(1)
It
is
an
unlawful
practice
for
a
person
to
acquire
13
directly
or
indirectly
an
interest
in
a
business
which
has
14
either
gone
out
of
business
or
is
going
out
of
business
15
and
conduct
or
continue
a
going-out-of-business
sale
where
16
additional
merchandise
has
been
added
to
the
merchandise
17
of
the
liquidating
business
for
the
purposes
of
the
sale,
18
unless
the
person
provides
a
clear
and
conspicuous
notice
19
in
all
advertisements
that
merchandise
has
been
added.
The
20
advertisement
shall
also
state
the
customary
retail
price
of
21
the
merchandise
that
has
been
added
or
brought
in
for
the
22
sale.
The
person
acquiring
the
interest
shall
obtain
a
permit
23
to
hold
the
sale
before
commencing
the
sale.
If
the
sale
24
is
to
be
held
in
a
city
which
has
an
ordinance
regulating
25
going-out-of-business
sales,
then
the
permit
shall
be
obtained
26
from
the
city.
If
the
sale
is
to
be
located
outside
of
a
27
city
or
in
a
city
which
does
not
have
an
ordinance
regulating
28
going-out-of-business
sales,
then
the
permit
shall
be
obtained
29
from
the
county
in
which
the
proposed
sale
is
to
be
held.
The
30
county
board
of
supervisors
shall
prescribe
the
procedures
31
necessary
to
obtain
the
permit.
The
permit
shall
state
the
32
percentage
of
merchandise
for
sale
that
was
obtained
from
33
the
liquidating
business
and
the
percentage
of
merchandise
34
for
sale
that
was
added
from
other
sources.
The
permit
or
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an
accurate
reproduction
of
the
permit
shall
be
clearly
and
1
conspicuously
posted
at
all
entrances
to
the
site
of
the
sale
2
and
at
all
locations
where
sales
are
consummated.
A
person
who
3
violates
this
paragraph,
including
any
misrepresentation
of
4
the
presence
and
the
percentage
of
additional
merchandise
that
5
had
been
added
to
that
of
the
liquidating
company,
is
liable
6
for
a
civil
penalty
of
not
to
exceed
one
thousand
dollars
for
7
each
day
of
each
violation.
The
civil
penalties
collected
8
shall
be
deposited
in
the
general
fund
of
the
political
entity
9
city
which
prosecutes
the
violation.
The
civil
penalty
is
10
in
addition
to
and
not
in
lieu
of
any
criminal
penalty.
A
11
political
entity
city
enforcing
this
paragraph
may
obtain
a
12
preliminary
injunction
without
posting
a
bond
to
enjoin
a
13
violation
of
paragraph
“c”
and
this
paragraph
pending
a
hearing.
14
(2)
This
paragraph
does
not
prohibit
a
city
or
county
15
from
adopting
an
ordinance
prohibiting
the
conducting
of
a
16
going-out-of-business
sale
in
which
additional
merchandise
is
17
added
to
the
merchandise
of
the
liquidating
business
for
the
18
purposes
of
the
sale.
19
Sec.
30.
REPEAL.
Sections
207.11,
208.21,
and
sections
20
297.27
through
297.32,
Code
2011,
are
repealed.
21
EXPLANATION
22
This
bill
relates
to
certain
duties
and
operations
of
23
governmental
entities
and
officials
and
related
enforcement
24
actions.
The
bill
is
designated
as
the
“Restructure
or
25
Eliminate
Frivolous,
Obsolete,
and
Redundant
Mandates
in
26
Governments
Act”.
The
bill
states
that
it
is
the
intent
of
27
the
general
assembly
to
examine
all
frivolous,
obsolete,
and
28
redundant
mandates
in
all
levels
of
government
and
take
all
29
necessary
actions
to
restructure
or
eliminate
such
mandates.
30
Under
Code
section
26.3
relating
to
competitive
bidding
31
for
public
improvements,
a
governmental
entity
is
required
32
to
provide
a
sufficient
number
of
paper
copies
of
the
33
project’s
contract
documents,
including
all
drawings,
plans,
34
specifications,
and
estimated
total
costs.
The
bill
strikes
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the
prohibition
on
governmental
entities
charging
for
providing
1
such
items
to
prospective
bidders,
subcontractor
bidders,
2
suppliers,
and
contractor
plan
room
services.
3
Current
Code
section
29B.59
provides
that
city
or
county
4
jails
and
other
jails,
penitentiaries,
or
prisons
must
receive
5
persons
ordered
into
confinement
by
a
military
court
and
6
prohibits
such
jails,
penitentiaries,
or
prisons
from
requiring
7
payment
of
a
fee
or
charge
for
receiving
or
confining
the
8
person.
The
bill
allows
such
jails,
penitentiaries,
or
prisons
9
to
require
a
reasonable
fee
or
charge
in
such
situations.
10
The
bill
provides
that
prior
to
publication
of
the
notice
11
of
election
under
Code
section
49.53,
the
commissioner
12
of
elections
(county
auditor)
shall
determine
whether
the
13
commissioner’s
office
will
be
open
on
the
Saturday
before
14
the
primary
election.
In
making
such
a
determination,
the
15
bill
requires
the
commissioner
to
give
consideration
to
the
16
number
of
absentee
ballots
cast
for
the
primary
election
held
17
four
years
previous
and
the
number
of
voter
registrations
18
received
before
the
close
of
registration
for
the
primary
19
election
held
four
years
previous.
The
bill
also
requires
the
20
notice
of
election
to
include
information
as
to
whether
the
21
commissioner’s
office
will
be
open
on
the
Saturday
before
the
22
election
and
the
hours
that
the
commissioner’s
office
will
be
23
open
on
that
Saturday.
24
Current
Code
section
142.3
requires
a
county
medical
25
examiner,
funeral
director
or
embalmer,
and
the
managing
26
officer
of
every
public
asylum,
hospital,
county
care
facility,
27
penitentiary,
or
reformatory,
as
soon
as
any
dead
body
shall
28
come
into
the
person’s
custody
which
may
be
used
for
scientific
29
purposes
to
notify
the
nearest
relative
or
friend
of
the
30
deceased,
if
known,
and
the
Iowa
department
of
public
health
31
by
telegram.
The
bill
allows
such
notification
to
occur
by
a
32
secure
notification
format
approved
by
the
department
of
public
33
health.
34
The
bill
removes
the
county
registrar
(county
recorder)
from
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the
list
of
persons
who
may
issue
a
burial
transit
permit.
1
The
bill
removes
the
county
attorney
from
those
persons
2
required
to
enforce
Code
chapter
191
(oleomargarine
law).
3
The
bill
repeals
Code
sections
207.11
and
208.21
relating
to
4
agencies,
political
subdivisions,
and
publicly
owned
utilities
5
or
corporations
that
engage
in
certain
mining
activities.
Code
6
sections
207.11
and
208.21
subject
such
entities
that
engage
in
7
mining
to
similar
mining
regulations
as
other
mining
entities.
8
Code
section
217.32
requires
the
counties
to
provide
9
and
maintain
necessary
office
space
and
office
supplies
and
10
equipment
for
certain
department
of
human
services
personnel
11
that
are
assigned
to
duties
in
the
county.
Code
section
217.32
12
further
provides
that
the
department
of
human
services
shall
13
reimburse
the
county
for
a
portion
of
such
costs
that
is
14
equivalent
to
the
proportion
of
those
costs
which
the
federal
15
government
authorizes
to
be
paid
unless
the
general
assembly
16
directs
otherwise.
The
bill
requires
reimbursement
to
the
17
county
of
the
total
cost
of
maintaining
the
office
space
and
18
providing
supplies
and
equipment.
19
The
bill
repeals
several
Code
sections
relating
to
the
20
disposition
of
certain
state-owned
buildings
and
school
sites
21
(provided
by
state
mining
camp
funds
for
schools
in
mining
22
camps).
The
bill
provides
that
such
property
may
be
sold
at
23
public
or
private
sale
by
the
department
of
education
when
the
24
director
of
the
department
of
education
determines
that
it
is
25
no
longer
needed
for
school
purposes.
26
The
bill
amends
provisions
relating
to
the
compilation
of
a
27
code
of
ordinances
by
each
county
under
Code
section
331.302
28
and
each
city
under
Code
section
380.8.
The
bill
allows
such
29
compilation
and
related
supplements
to
be
accomplished
by
the
30
use
of
electronic
means
and
electronic
publication.
The
bill
31
also
permits
cities
and
counties
to
make
certain
standards
and
32
codes
adopted
by
reference
available
on
the
entity’s
internet
33
site.
34
The
bill
strikes
a
requirement
that
the
county
recorder
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carry
out
duties
relating
to
the
recordation
of
articles
of
1
incorporation
and
other
instruments
for
savings
and
loan
2
associations
as
provided
in
Code
chapter
534.
3
The
bill
strikes
a
provision
classifying
an
unexpected
death
4
as
a
death
which
affects
the
public
interest.
If
a
death
5
is
classified
as
a
death
that
affects
the
public
interest,
6
the
state
or
county
medical
examiner
must
be
notified
and
a
7
preliminary
investigation
of
the
death
must
be
conducted.
8
Code
section
356.49
requires
the
county
sheriff
to
file
a
9
monthly
written
report
with
the
director
of
the
department
of
10
corrections
relating
to
the
total
number
of
persons
held
in
11
the
jail.
The
bill
allows
the
director
of
the
department
of
12
corrections
to
require
electronic
filing
of
such
reports.
13
As
a
condition
of
the
general
permit
under
Code
section
14
455B.103A,
a
person
proposing
to
conduct
activities
covered
15
by
a
general
permit
is
required
to
provide
notice
of
intent
16
to
conduct
a
covered
activity
to
the
department
of
natural
17
resources.
The
bill
strikes
the
additional
notice
requirement
18
of
publication
in
two
newspapers
with
the
largest
circulation
19
in
the
area
and
the
requirement
that
such
notices
be
provided
20
and
published
when
such
activities
are
discontinued.
21
The
bill
allows
certain
manure
management
plans
that
are
22
required
to
be
delivered
to
a
county
board
of
supervisors
under
23
Code
section
459.312(4)
to
be
delivered
electronically.
24
The
bill
specifies
that
notices
provided
by
the
county
25
auditor
under
Code
section
468.14,
relating
to
the
approval
26
of
a
proposed
levee
and
drainage
district
plan
and
engineer’s
27
report,
must
include
a
statement
describing
the
favorable
28
report
of
the
engineer.
Such
notice
must
also
include
a
29
statement
describing
the
location
and
times
that
the
engineer’s
30
report
may
be
reviewed
at
either
a
county
office
or
on
a
county
31
internet
site.
32
The
bill
provides
that
in
proceedings
under
Code
chapter
33
600B
(paternity
and
obligations
for
support)
if
the
finding
of
34
the
court
is
in
favor
of
the
defendant
the
costs
of
the
action
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shall
be
paid
by
the
complainant,
unless
the
complainant
is
1
deemed
indigent,
then
the
costs
of
the
action
are
paid
by
the
2
county.
3
The
bill
strikes
the
requirement
for
counties
to
issue
4
going-out-of-business
sale
permits
for
such
sales
occurring
in
5
a
city
that
does
not
regulate
going-out-of-business
sales
or
in
6
the
unincorporated
areas
of
the
county.
The
bill
also
strikes
7
other
references
to
counties
relating
to
the
regulation
of
8
going-out-of-business
sales.
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