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 TLSB 5730XS (3) 84 md/sc
S.F. 2124 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 5730XS (3) 84 md/sc 1/ 16
S.F. 2124 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. 35 -2- LSB 5730XS (3) 84 md/sc 2/ 16
S.F. 2124 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. 35 -3- LSB 5730XS (3) 84 md/sc 3/ 16
S.F. 2124 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 35 -4- LSB 5730XS (3) 84 md/sc 4/ 16
S.F. 2124 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 35 -5- LSB 5730XS (3) 84 md/sc 5/ 16
S.F. 2124 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 35 -6- LSB 5730XS (3) 84 md/sc 6/ 16
S.F. 2124 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 -7- LSB 5730XS (3) 84 md/sc 7/ 16
S.F. 2124 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 -8- LSB 5730XS (3) 84 md/sc 8/ 16
S.F. 2124 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 -9- LSB 5730XS (3) 84 md/sc 9/ 16
S.F. 2124 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 35 -10- LSB 5730XS (3) 84 md/sc 10/ 16
S.F. 2124 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 35 -11- LSB 5730XS (3) 84 md/sc 11/ 16
S.F. 2124 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 35 -12- LSB 5730XS (3) 84 md/sc 12/ 16
S.F. 2124 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 35 -13- LSB 5730XS (3) 84 md/sc 13/ 16
S.F. 2124 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 35 -14- LSB 5730XS (3) 84 md/sc 14/ 16
S.F. 2124 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 35 -15- LSB 5730XS (3) 84 md/sc 15/ 16
S.F. 2124 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. 9 -16- LSB 5730XS (3) 84 md/sc 16/ 16