House Study Bill 161 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON BALTIMORE) A BILL FOR An Act relating to nonsubstantive Code corrections. 1 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 2 TLSB 1950HC (23) 85 lh/rj
H.F. _____ DIVISION I 1 MISCELLANEOUS CHANGES 2 Section 1. Section 8.6, subsection 8, Code 2013, is amended 3 to read as follows: 4 8. Rules. To make such rules, subject to the approval of 5 the governor, as may be necessary for effectively carrying on 6 the work of the department of management. The director may, 7 with the approval of the executive council, require any state 8 official, agency, department , or commission, to require any 9 applicant, registrant, filer, permit holder , or license holder, 10 whether individual, partnership, trust , or corporation, to 11 submit to said official, agency, department , or commission, the 12 social security number or the tax number or both so assigned to 13 said individual, partnership, trust , or corporation. 14 Sec. 2. Section 8.32, Code 2013, is amended to read as 15 follows: 16 8.32 Conditional availability of appropriations. 17 1. All appropriations made to any department or 18 establishment of the government as receive or collect moneys 19 available for expenditure by them under present laws, are 20 declared to be in addition to such repayment receipts, 21 and such appropriations are to be available as and to the 22 extent that such receipts are insufficient to meet the costs 23 of administration, operation, and maintenance, or public 24 improvements of such departments: 25 a. Provided, that such receipts or collections shall be 26 deposited in the state treasury as part of the general fund or 27 special funds in all cases, except those collections made by 28 the state fair board, the institutions under the state board of 29 regents , and the natural resource commission. 30 b. Provided further, that no repayment receipts shall 31 be available for expenditures until allotted as provided in 32 section 8.31 ; and 33 c. Provided further, that the collection of repayment 34 receipts by the state fair board and the institutions under 35 -1- LSB 1950HC (23) 85 lh/rj 1/ 159
H.F. _____ the state board of regents shall be deposited in a bank or 1 banks duly designated and qualified as state depositories, in 2 the name of the state of Iowa, for the use of such boards and 3 institutions, and such funds shall be available only on the 4 check of such boards or institutions depositing them, which 5 are hereby authorized to withdraw such funds, but only after 6 allotment by the governor as provided in section 8.31 ; and 7 d. Provided further, that this chapter shall not apply to 8 endowment or private trust funds or to gifts to institutions 9 owned or controlled by the state or to the income from such 10 endowment or private trust funds, or to private funds belonging 11 to students or inmates of state institutions. 12 2. The provisions of this chapter shall not be construed 13 to prohibit the state fair board from creating an emergency 14 or sinking fund out of the receipts of the state fair and 15 state appropriation for the purpose of taking care of any 16 emergency that might arise beyond the control of the board 17 of not to exceed three hundred thousand dollars. Neither 18 shall this chapter be construed to prohibit the state fair 19 board from retaining an additional sum of not to exceed three 20 hundred fifty thousand dollars to be used in carrying out the 21 provisions of chapter 173 . 22 Sec. 3. Section 8D.5, subsection 1, Code 2013, is amended 23 to read as follows: 24 1. a. An education telecommunications council is 25 established. The council consists of eighteen members and 26 shall include the following: two 27 (1) Two persons appointed by the state board of regents ; 28 two . 29 (2) Two persons appointed by the Iowa association of 30 community college trustees ; two . 31 (3) Two persons appointed by the area education agency 32 boards ; two . 33 (4) Two persons appointed by the Iowa association of school 34 boards; two . 35 -2- LSB 1950HC (23) 85 lh/rj 2/ 159
H.F. _____ (5) Two persons appointed by the school administrators of 1 Iowa ; two . 2 (6) Two persons appointed by the Iowa association of 3 independent colleges and universities ; two . 4 (7) Two persons appointed by the Iowa state education 5 association ; three . 6 (8) Three persons appointed by the director of the 7 department of education including one person representing 8 libraries and one person representing the Iowa association of 9 nonpublic school administrators ; and one . 10 (9) One person appointed by the administrator of the public 11 broadcasting division of the department of education. 12 b. The council shall establish scheduling and site usage 13 policies for educational users of the network, coordinate the 14 activities of the regional telecommunications councils, and 15 develop proposed rules and changes to rules for recommendation 16 to the commission. The council shall also recommend long-range 17 plans for enhancements needed for educational applications. 18 c. Administrative support and staffing for the council shall 19 be provided by the department of education. 20 Sec. 4. Section 15.107, subsection 5, paragraph a, Code 21 2013, is amended to read as follows: 22 a. That the corporation review reviews and, at the board’s 23 direction, implement implements the applicable portions of the 24 strategic plan developed by members of the authority pursuant 25 to section 15.105 . 26 Sec. 5. Section 16.6, subsection 2, Code 2013, is amended 27 to read as follows: 28 2. The executive director shall advise the authority on 29 matters relating to housing and housing finance, carry out 30 all directives from the authority, and hire and supervise the 31 authority’s staff pursuant to its directions. All employees 32 of the authority are exempt from the merit system provisions 33 of chapter 8A, subchapter IV . 34 Sec. 6. Section 16.27, subsection 4, Code 2013, is amended 35 -3- LSB 1950HC (23) 85 lh/rj 3/ 159
H.F. _____ to read as follows: 1 4. The authority shall cause to be delivered to the 2 legislative fiscal committee within ninety days of the close of 3 its fiscal year its annual report certified by an independent 4 certified public accountant , ( who may be the accountant or 5 a member of the firm of accountants who regularly audits 6 the books and accounts of the authority ) , selected by the 7 authority. 8 Sec. 7. Section 24.2, subsection 3, Code 2013, is amended 9 to read as follows: 10 3. The words “fiscal year” shall mean the period of twelve 11 months beginning on July 1 and ending on the thirtieth day of 12 June. The fiscal year of cities, counties, and other political 13 subdivisions of the state shall begin July 1 and end the 14 following June 30. 15 The fiscal year of cities, counties, and other political 16 subdivisions of the state shall begin July 1 and end the 17 following June 30. 18 Sec. 8. Section 28A.24, Code 2013, is amended to read as 19 follows: 20 28A.24 Exemption from taxation. 21 Since an authority is performing essential governmental 22 functions, an authority is not required to pay any taxes or 23 assessments of any kind or nature upon any property required 24 or used by it for its purposes, or any rates, fees, rentals, 25 receipts, or incomes at any time received by it, and the 26 bonds issued by an authority, their transfer, and the income, 27 including any profits made on the sale of the bonds, is 28 deductible in determining net income for the purposes of the 29 state individual and corporate income tax under chapter 422, 30 divisions II and III of chapter 422 , and shall not be taxed by 31 any political subdivision of this state. 32 Sec. 9. Section 28E.2, Code 2013, is amended to read as 33 follows: 34 28E.2 Definitions. 35 -4- LSB 1950HC (23) 85 lh/rj 4/ 159
H.F. _____ For the purposes of this chapter , the term “public agency” : 1 1. Private agency” shall mean an individual and any form of 2 business organization authorized under the laws of this or any 3 other state. 4 2. “Public agency” shall mean any political subdivision of 5 this state; any agency of the state government or of the United 6 States; and any political subdivision of another state. The 7 term “state” 8 3. “State” shall mean a state of the United States and the 9 District of Columbia. The term “private agency” shall mean an 10 individual and any form of business organization authorized 11 under the laws of this or any other state. 12 Sec. 10. Section 29A.15, Code 2013, is amended to read as 13 follows: 14 29A.15 State awards and decorations. 15 The adjutant general, from the funds appropriated for the 16 support and maintenance of the national guard, shall procure 17 and issue to the members of the national guard merit or 18 service badges or other appropriate awards for service under 19 regulations and according to the design and pattern determined 20 by the adjutant general. Members of the national guard who, 21 by order of the president, serve in federal forces during a 22 national emergency, may count the period of that federal active 23 duty toward the procurement of a service badge. 24 Sec. 11. Section 29C.17, subsection 2, unnumbered paragraph 25 1, Code 2013, is amended to read as follows: 26 For the purposes consistent with this chapter , the local 27 emergency management agency’s approved budget shall be 28 funded by one or any combination of the following options, as 29 determined by the commission: 30 Sec. 12. Section 34A.6, subsection 1, Code 2013, is amended 31 to read as follows: 32 1. Before a joint E911 service board may request imposition 33 of the wire-line E911 service surcharge by the program manager, 34 the board shall submit the following question to voters, as 35 -5- LSB 1950HC (23) 85 lh/rj 5/ 159
H.F. _____ provided in subsection 2 , in the proposed E911 service area, 1 and the question shall receive a favorable vote from a simple 2 majority of persons submitting valid ballots on the following 3 question within the proposed E911 service area: 4 Shall the following public measure be adopted? 5 YES .... 6 NO .... 7 Enhanced 911 emergency telephone service shall be funded, 8 in whole or in part, by a monthly surcharge of (an amount 9 determined by the local joint E911 service board of up to one 10 dollar) on each telephone access line collected as part of each 11 telephone subscriber’s monthly phone bill if provided within 12 (description of the proposed E911 service area). 13 Sec. 13. Section 34A.7A, subsection 2, paragraph b, Code 14 2013, is amended to read as follows: 15 b. The program manager shall reimburse communication 16 communications service providers on a calendar quarter basis 17 for carriers’ eligible expenses for transport costs between the 18 selective router and the public safety answering points related 19 to the delivery of wireless E911 phase 1 services. 20 Sec. 14. Section 49.80, subsection 2, Code 2013, is amended 21 to read as follows: 22 2. a. In case of any challenges of an elector at the 23 time the person is offering to vote in a precinct, a precinct 24 election official may place such person under oath and question 25 the person as , (a) where to the following: 26 (1) Where the person maintains the person’s home ; (b) how . 27 (2) How long the person has maintained the person’s home at 28 such place ; (c) if . 29 (3) If the person maintains a home at any other location ; 30 (d) the . 31 (4) The person’s age. 32 b. The precinct election official may permit the challenger 33 to participate in such questions. The challenged elector shall 34 be allowed to present to the official such evidence and facts 35 -6- LSB 1950HC (23) 85 lh/rj 6/ 159
H.F. _____ as the elector feels sustains the fact that the person is 1 qualified to vote. Upon completion thereof, if the challenge 2 is withdrawn, the elector may cast the vote in the usual 3 manner. If the challenge is not withdrawn, section 49.81 shall 4 apply. 5 Sec. 15. Section 50.20, Code 2013, is amended to read as 6 follows: 7 50.20 Notice of number of provisional ballots. 8 The commissioner shall compile a list of the number of 9 provisional ballots cast under section 49.81 in each precinct. 10 The list shall be made available to the public as soon as 11 possible, but in no case later than nine o’clock 9:00 a.m. on 12 the second day following the election. Any elector may examine 13 the list during normal office hours, and may also examine the 14 affidavit envelopes bearing the ballots of challenged electors 15 until the reconvening of the special precinct board as required 16 by this chapter . Only those persons so permitted by section 17 53.23, subsection 4 , shall have access to the affidavits while 18 that board is in session. Any elector may present written 19 statements or documents, supporting or opposing the counting of 20 any provisional ballot, at the commissioner’s office until the 21 reconvening of the special precinct board. 22 Sec. 16. Section 53.45, subsection 1, paragraph a, 23 unnumbered paragraph 1, Code 2013, is amended to read as 24 follows: 25 As provided in this section , the commissioner shall 26 provide special absentee ballots to be used for state general 27 elections. A special absentee ballot shall only be provided to 28 an eligible elector who completes an application stating both 29 of the following to the best of the eligible elector’s belief: 30 Sec. 17. Section 68A.604, Code 2013, is amended to read as 31 follows: 32 68A.604 Funds. 33 Any candidate for a partisan public office, except as 34 otherwise provided by section 68A.103, subsection 2 , may 35 -7- LSB 1950HC (23) 85 lh/rj 7/ 159
H.F. _____ receive campaign funds from the Iowa election campaign 1 fund through the state central committee of the candidate’s 2 political party. However, the state central committee of 3 each political party shall have discretion as to which of 4 the party’s candidates for public office shall be allocated 5 campaign funds out of money received by that party from the 6 Iowa election campaign fund. 7 Sec. 18. Section 88.8, subsection 2, Code 2013, is amended 8 to read as follows: 9 2. Noncompliance notice. If the commissioner has reason to 10 believe that an employer has failed to correct the violation 11 for which a citation has been issued within the period 12 permitted for its correction , ( which period shall not begin to 13 run until the entry of a final order by the appeal board in the 14 case of any review proceedings under this section initiated 15 by the employer in good faith and not solely for delay or 16 avoidance of penalties ) , the commissioner shall notify the 17 employer by service in the same manner as an original notice or 18 by certified mail of the failure and of the penalty proposed 19 to be assessed under section 88.14 by reason of the failure, 20 and that the employer has fifteen working days within which to 21 notify the commissioner that the employer wishes to contest 22 the commissioner’s notification or the proposed assessment of 23 penalty. If, within fifteen working days from the receipt 24 of notification issued by the commissioner, the employer 25 fails to notify the commissioner that the employer intends to 26 contest the notification or proposed assessment of penalty, the 27 notification and assessment, as proposed, shall be deemed the 28 final order of the appeal board and not subject to review by 29 any court or agency. 30 Sec. 19. Section 88.19, Code 2013, is amended to read as 31 follows: 32 88.19 Annual report. 33 Within one hundred twenty days following the convening 34 of each session of each general assembly, the commissioner 35 -8- LSB 1950HC (23) 85 lh/rj 8/ 159
H.F. _____ shall prepare and submit to the governor for transmittal to 1 the general assembly a report upon the subject matter of 2 this chapter , the progress toward achievement of the purpose 3 of this chapter , the needs and requirements in the field 4 of occupational safety and health, and any other relevant 5 information. Such The reports may include information 6 regarding occupational the following: 7 1. Occupational safety and health standards, and criteria 8 for such standards, developed during the preceding year ; 9 evaluation . 10 2. Evaluation of standards and criteria previously 11 developed under this chapter , defining areas of emphasis for 12 new criteria and standards ; evaluation . 13 3. Evaluation of the degree of observance of applicable 14 occupational safety and health standards, and a summary of 15 inspection and enforcement activity undertaken ; analysis . 16 4. Analysis and evaluation of research activities for 17 which results have been obtained under governmental and 18 nongovernmental sponsorship ; an . 19 5. An analysis of major occupational diseases ; evaluation . 20 6. Evaluation of available control and measurement 21 technology for hazards for which standards or criteria have 22 been developed during the preceding year ; a . 23 7. A description of cooperative efforts undertaken between 24 government agencies and other interested parties in the 25 implementation of this chapter during the preceding year ; a . 26 8. A progress report on the development of an adequate 27 supply of trained personnel in the field of occupational safety 28 and health, including estimates of future needs and the efforts 29 being made by government and others to meet those needs ; a . 30 9. A listing of all toxic substances in industrial usage for 31 which labeling requirements, criteria, or standards have not 32 yet been established ; and such . 33 10. Such recommendations for additional legislation as are 34 deemed necessary to protect the safety and health of the worker 35 -9- LSB 1950HC (23) 85 lh/rj 9/ 159
H.F. _____ and improve the administration of this chapter . 1 Sec. 20. Section 96.13, subsection 2, Code 2013, is amended 2 to read as follows: 3 2. Replenishment of lost funds. If any moneys received 4 after June 30, 1941, from the social security board 5 administration under Tit. III of the Social Security Act, or 6 any unencumbered balances in the unemployment compensation 7 administration fund as of that date, or any moneys granted 8 after that date to this state pursuant to the provisions 9 of the Wagner-Peyser Act, or any moneys made available by 10 this state or its political subdivisions and matched by such 11 moneys granted to this state pursuant to the provisions of 12 the Wagner-Peyser Act, are found by the social security board 13 administration , because of any action or contingency, to 14 have been lost or been expended for purposes other than or 15 in amounts in excess of, those found necessary by the social 16 security board administration for the proper administration of 17 this chapter , it is the policy of this state that such moneys 18 shall be replaced by moneys appropriated for such purpose 19 from the general funds of this state to the unemployment 20 compensation administration fund for expenditure as provided 21 in subsection 1 of this section . Upon receipt of notice of 22 such a finding by the social security board administration , 23 the department shall promptly report the amount required for 24 such replacement to the governor and the governor shall at 25 the earliest opportunity, submit to the legislature a request 26 for the appropriation of such amount. This subsection shall 27 not be construed to relieve this state of its obligation with 28 respect to funds received prior to July 1, 1941, pursuant to 29 the provisions of Tit. III of the Social Security Act. 30 Sec. 21. Section 97C.12, Code 2013, is amended to read as 31 follows: 32 97C.12 Contribution fund. 33 1. There is hereby established in the office of the 34 treasurer of state a special fund to be known as the 35 -10- LSB 1950HC (23) 85 lh/rj 10/ 159
H.F. _____ contribution fund. Such fund shall consist of, and there shall 1 be deposited in such fund: (1) all 2 a. All taxes, interest, and penalties collected under 3 sections 97C.5 , 97C.10 , and 97C.11 ; (2) all . 4 b. All moneys appropriated thereto under this chapter ; (3) 5 any . 6 c. Any property or securities and earnings thereof acquired 7 through the use of moneys belonging to the fund ; (4) interest . 8 d. Interest earned upon any moneys in the fund ; and (5) all . 9 e. All sums recovered upon the bond of the custodian or 10 otherwise for losses sustained by the fund and all other moneys 11 received for the fund from any other source. 12 2. Subject to the provisions of this chapter , the state 13 agency is vested with full power, authority and jurisdiction 14 over the fund, including all moneys and property or securities 15 belonging thereto, and may perform any and all acts whether 16 or not specifically designated, which are necessary to the 17 administration thereof and are consistent with the provisions 18 of this chapter . All moneys in this fund shall be mingled and 19 undivided. 20 Sec. 22. Section 123.30, subsection 2, Code 2013, is amended 21 to read as follows: 22 2. No A liquor control license shall not be issued 23 for premises which do not conform to all applicable laws, 24 ordinances, resolutions, and health and fire regulations. Nor 25 shall any A licensee shall not have or maintain any interior 26 access to residential or sleeping quarters unless permission is 27 granted by the administrator in the form of a living quarters 28 permit. 29 Sec. 23. Section 123.50, subsection 1, Code 2013, is amended 30 to read as follows: 31 1. Any person who violates any of the provisions of section 32 123.49 , except section 123.49, subsection 2 , paragraph “h” , 33 or who fails to affix upon sale, defaces, or fails to record 34 a keg identification sticker or produce a record of keg 35 -11- LSB 1950HC (23) 85 lh/rj 11/ 159
H.F. _____ identification stickers pursuant to section 123.138 , shall 1 be guilty of a simple misdemeanor. A person who violates 2 section 123.49, subsection 2 , paragraph “h” , commits a simple 3 misdemeanor punishable as a scheduled violation under section 4 805.8C, subsection 2 . 5 Sec. 24. Section 123.145, Code 2013, is amended to read as 6 follows: 7 123.145 Labels on bottles, barrels, etc. —— conclusive 8 evidence. 9 The label on any bottle, keg, barrel, or other container in 10 which beer is offered for sale in this state, representing the 11 alcoholic content of such beer as being in excess of five per 12 centum percent by weight shall be conclusive evidence as to the 13 alcoholic content of the beer contained therein. 14 Sec. 25. Section 124.401, subsection 1, paragraph d, Code 15 2013, is amended to read as follows: 16 d. Violation of this subsection , with respect to any other 17 controlled substances, counterfeit substances, or simulated 18 controlled substances classified in section 124.204, subsection 19 4, paragraph “ai” , or section 124.204, subsection 6 , paragraph 20 “i” , or classified in schedule IV or V is an aggravated 21 misdemeanor. However, violation of this subsection involving 22 fifty kilograms or less of marijuana or involving flunitrazepam 23 is a class “D” felony. 24 Sec. 26. Section 126.11, subsection 3, paragraph b, Code 25 2013, is amended to read as follows: 26 b. A drug dispensed by filling or refilling a written, 27 electronic, facsimile, or oral prescription of a practitioner 28 licensed by law to administer the drug is exempt from section 29 126.10 , except section 126.10, subsection 1 , paragraph “a” 30 and , section 126.10, paragraph “i” , subparagraphs (2) and 31 (3), and section 126.10, subsection 1 , paragraphs “k” and “l” , 32 and the packaging requirements of section 126.10, subsection 33 1 , paragraphs “g” , “h” , and “p” , if the drug bears a label 34 containing the name and address of the dispenser, the date of 35 -12- LSB 1950HC (23) 85 lh/rj 12/ 159
H.F. _____ the prescription or of its filling, the name of the prescriber, 1 and, if stated in the prescription, the name of the patient, 2 and the directions for use and cautionary statements, if 3 any, contained in the prescription. This exemption does not 4 apply to a drug dispensed in the course of the conduct of the 5 business of dispensing drugs pursuant to diagnosis by mail, 6 or to a drug dispensed in violation of paragraph “a” of this 7 subsection . 8 Sec. 27. Section 135.74, subsection 2, Code 2013, is amended 9 to read as follows: 10 2. In establishing uniform methods of financial reporting, 11 the department shall consider all of the following : 12 a. The existing systems of accounting and reporting 13 currently utilized by hospitals and health care facilities ; . 14 b. Differences among hospitals and health care facilities, 15 respectively, according to size, financial structure, methods 16 of payment for services, and scope, type and method of 17 providing services ; and . 18 c. Other pertinent distinguishing factors. 19 Sec. 28. Section 135.75, subsection 1, Code 2013, is amended 20 to read as follows: 21 1. Each hospital and each health care facility shall 22 annually, after the close of its fiscal year, file all of the 23 following with the department: 24 a. A balance sheet detailing the assets, liabilities and net 25 worth of the hospital or health care facility ; . 26 b. A statement of its income and expenses ; and . 27 c. Such other reports of the costs incurred in rendering 28 services as the department may prescribe. 29 Sec. 29. Section 135.83, Code 2013, is amended to read as 30 follows: 31 135.83 Contracts for assistance with analyses, studies, and 32 data. 33 In furtherance of the department’s responsibilities under 34 sections 135.76 and 135.78 , the director may contract with the 35 -13- LSB 1950HC (23) 85 lh/rj 13/ 159
H.F. _____ Iowa hospital association and third-party payers, the Iowa 1 health care facilities association and third-party payers, or 2 the Iowa association of homes for the aging leading age Iowa 3 and third-party payers for the establishment of pilot programs 4 dealing with prospective rate review in hospitals or health 5 care facilities, or both. Such contract shall be subject to 6 the approval of the executive council and shall provide for an 7 equitable representation of health care providers, third-party 8 payers, and health care consumers in the determination 9 of criteria for rate review. No third-party payer shall 10 be excluded from positive financial incentives based upon 11 volume of gross patient revenues. No state or federal funds 12 appropriated or available to the department shall be used for 13 any such pilot program. 14 Sec. 30. Section 135.156, subsection 2, paragraph b, 15 unnumbered paragraph 1, Code 2013, is amended to read as 16 follows: 17 An executive committee of the electronic health information 18 advisory council is established. Members of the executive 19 committee of the advisory council shall receive reimbursement 20 for actual expenses incurred while serving in their official 21 capacity only if they are not eligible for reimbursement by 22 the organization that they represent. The executive committee 23 shall consist of the following members: 24 Sec. 31. Section 135.156B, subsections 5 and 8, Code 2013, 25 are amended to read as follows: 26 5. Apply for, acquire by gift or purchase, and hold, 27 dispense, or dispose of funds and real or personal property 28 from any person, governmental entity, or organization in the 29 exercise of its the department’s powers or performance of its 30 the department’s duties in accordance with this division . 31 8. Execute all instruments necessary or incidental to the 32 performance of its the department’s duties and the execution of 33 its the department’s powers under this division . 34 Sec. 32. Section 135C.2, subsection 5, paragraph a, Code 35 -14- LSB 1950HC (23) 85 lh/rj 14/ 159
H.F. _____ 2013, is amended to read as follows: 1 a. A facility provider under the special classification 2 must comply with rules adopted by the department for the 3 special classification. However, a facility provider which has 4 been accredited by the accreditation council for services to 5 persons with an intellectual disability and other developmental 6 disabilities on quality and leadership shall be deemed to be in 7 compliance with the rules adopted by the department. 8 Sec. 33. Section 135C.6, subsection 3, Code 2013, is amended 9 to read as follows: 10 3. No change in a health care facility, its operation, 11 program, or services, of a degree or character affecting 12 continuing licensability licensure shall be made without prior 13 approval thereof by the department. The department may by rule 14 specify the types of changes which shall not be made without 15 its prior approval. 16 Sec. 34. Section 135C.6, subsection 8, paragraph c, 17 unnumbered paragraph 1, Code 2013, is amended to read as 18 follows: 19 A residential program approved by the department of human 20 services pursuant to this paragraph “c” to receive moneys 21 appropriated to the department of human services under 22 provisions of a federally approved home and community-based 23 services waiver for persons with an intellectual disabilities 24 disability may provide care to not more than five individuals. 25 The department shall approve a residential program under this 26 paragraph that complies with all of the following conditions: 27 Sec. 35. Section 138.13, subsection 2, paragraph m, Code 28 2013, is amended to read as follows: 29 m. When a camp is operated during a season requiring 30 artificial heating, living quarters with a minimum of one 31 hundred square feet per occupant shall be provided and such 32 living quarters or shelters shall, also, be provided with 33 properly installed heating equipment of adequate capacity 34 to maintain a room temperature of at least 70 degrees F 35 -15- LSB 1950HC (23) 85 lh/rj 15/ 159
H.F. _____ Fahrenheit . A stove or other source of heat shall be installed 1 and vented in a manner to avoid both a fire hazard and a 2 concentration of fumes or gas within such living quarters and 3 shelters. In a room with wooden or combustible flooring, there 4 shall be a concrete slab, metal sheet, or other fire-resistant 5 material, on the floor under each stove, extending at least 6 eighteen inches beyond the perimeter of the base of the stove. 7 Any wall or ceiling not having a fire-resistant surface, within 8 twenty-four inches of a stove or stovepipe, shall be protected 9 by a metal sheet or other fire-resistant material. Heating 10 appliances, other than electrical, shall be provided with a 11 stovepipe or vent connected to the appliance and discharging to 12 the outside air or chimney. The vent or chimney shall extend 13 above the peak of the roof. Stovepipes shall be insulated 14 with fire-resistant material where they pass through walls, 15 ceilings, or floors. 16 Sec. 36. Section 138.13, subsection 6, paragraph d, Code 17 2013, is amended to read as follows: 18 d. Every service building used during periods requiring 19 artificial heating shall be provided with equipment capable 20 of maintaining a room temperature of at least 70 degrees F 21 Fahrenheit . 22 Sec. 37. Section 144A.2, subsection 8, Code 2013, is amended 23 to read as follows: 24 8. a. “Life-sustaining procedure” means any medical 25 procedure, treatment, or intervention, including resuscitation, 26 which meets both of the following requirements: 27 a. (1) Utilizes mechanical or artificial means to sustain, 28 restore, or supplant a spontaneous vital function. 29 b. (2) When applied to a patient in a terminal condition, 30 would serve only to prolong the dying process. 31 b. “Life-sustaining procedure” does not include the 32 provision of nutrition or hydration except when required 33 to be provided parenterally or through intubation or the 34 administration of medication or performance of any medical 35 -16- LSB 1950HC (23) 85 lh/rj 16/ 159
H.F. _____ procedure deemed necessary to provide comfort care or to 1 alleviate pain. 2 Sec. 38. Section 163.26, Code 2013, is amended to read as 3 follows: 4 163.26 Definition. 5 For the purposes of this subchapter , “garbage” means 6 putrescible animal and vegetable wastes resulting from the 7 handling, preparation, cooking, and consumption of foods, 8 including animal carcasses or parts. “Garbage” includes all 9 waste material, by-products of a kitchen, restaurant, hotel, 10 or slaughterhouse, every refuse accumulation of animal, 11 fruit, or vegetable matter, liquids or otherwise, or grain not 12 consumed, that is collected from hog sales pen floors in public 13 stockyards. Animals or parts of animals, which are processed 14 by slaughterhouses or rendering establishments, and which as 15 part of the processing are heated to not less than 212 degrees 16 F. Fahrenheit for thirty minutes, are not garbage for purposes 17 of this chapter . 18 Sec. 39. Section 176A.10, subsection 2, Code 2013, is 19 amended to read as follows: 20 2. An extension council of an extension district may choose 21 to be subject to the levy and revenue limits specified in 22 subparagraphs (2) of subsection 1 , paragraphs “a” through 23 “d” , and subsection 1 , paragraph “e” , for the purpose of the 24 annual levy for the fiscal year commencing July 1, 1991, which 25 levy is payable in the fiscal year beginning July 1, 1992. 26 Before an extension district may be subject to the levy and 27 revenue limits specified in subparagraphs (2) of subsection 1 , 28 paragraphs “a” through “d” , and subsection 1 , paragraph “e” , 29 for fiscal years beginning on or after July 1, 1992, which levy 30 is payable in fiscal years beginning on or after July 1, 1993, 31 the question of whether the district shall be subject to the 32 levy and revenue limits as specified in such paragraphs must 33 be submitted to the registered voters of the district. The 34 question shall be submitted at the time of a state general 35 -17- LSB 1950HC (23) 85 lh/rj 17/ 159
H.F. _____ election. If the question is approved by a majority of those 1 voting on the question the levy and revenue limits specified in 2 subparagraphs (2) of subsection 1 , paragraphs “a” through “d” , 3 and subsection 1 , paragraph “e” , shall thereafter apply to the 4 extension district. The question need only be approved at one 5 state general election. If a majority of those voting on the 6 question vote against the question, the district may continue 7 to submit the question at subsequent state general elections 8 until approved. 9 Sec. 40. Section 189A.11, Code 2013, is amended to read as 10 follows: 11 189A.11 Access by inspectors —— acceptance by state agencies. 12 1. No A person shall not deny access to any authorized 13 inspectors upon the presentation of proper identification at 14 any reasonable time to establishments and to all parts of such 15 premises for the purposes of making inspections under this 16 chapter . 17 2. When meat has been inspected and approved by the 18 department, such inspection will be equal to federal inspection 19 and therefore may be accepted by state agencies and political 20 subdivisions of the state and no other inspection can be 21 required. 22 1. a. No An inspection of products placed in any container 23 at any official establishment shall not be deemed to be 24 complete until the products are sealed or enclosed therein 25 under the supervision of an inspector. 26 2. b. For purposes of any inspection of products required 27 by this chapter , inspectors authorized by the secretary shall 28 have access at all times by day or night to every part of every 29 establishment required to have inspection under this chapter , 30 whether the establishment is operated or not. 31 Sec. 41. Section 190.12, subsection 1, Code 2013, is amended 32 to read as follows: 33 1. Frozen desserts and the pasteurized dairy ingredients 34 used in the manufacture thereof, shall comply with the 35 -18- LSB 1950HC (23) 85 lh/rj 18/ 159
H.F. _____ following standards: 1 ____________________________________________________________ 2 Milk, cream, and fluid Temperature Storage at 45 3 degrees F Fahrenheit . 4 dairy ingredient Bacterial limit 50,000 per 5 milliliter 6 Coliform limit 10 per milliliter 7 ____________________________________________________________ 8 Frozen dessert mixes, Temperature Storage at 45 9 degrees F Fahrenheit . 10 frozen desserts (plain) Bacterial limit 50,000 per gram 11 Coliform limit 10 per gram 12 ____________________________________________________________ 13 Dry dairy ingredient Extra grade or better as defined by 14 U. S. Standards for grades for the 15 particular product. 16 ____________________________________________________________ 17 Dry powder mix Bacterial limit 50,000 per gram 18 Coliform limit 10 per gram 19 ____________________________________________________________ 20 Sec. 42. Section 203C.15, subsection 6, paragraph a, 21 unnumbered paragraph 1, Code 2013, is amended to read as 22 follows: 23 The licensed warehouse operator may comply to with the 24 demand by doing any of the following: 25 Sec. 43. Section 230.15, Code 2013, is amended to read as 26 follows: 27 230.15 Personal liability. 28 1. A person with mental illness and a person legally liable 29 for the person’s support remain liable for the support of 30 the person with mental illness as provided in this section . 31 Persons legally liable for the support of a person with mental 32 illness include the spouse of the person, any person bound 33 by contract for support of the person, and, with respect to 34 persons with mental illness under eighteen years of age only, 35 -19- LSB 1950HC (23) 85 lh/rj 19/ 159
H.F. _____ the father and mother of the person. The county auditor, 1 subject to the direction of the board of supervisors, shall 2 enforce the obligation created in this section as to all sums 3 advanced by the county. The liability to the county incurred 4 by a person with mental illness or a person legally liable for 5 the person’s support under this section is limited to an amount 6 equal to one hundred percent of the cost of care and treatment 7 of the person with mental illness at a state mental health 8 institute for one hundred twenty days of hospitalization. This 9 limit of liability may be reached by payment of the cost of 10 care and treatment of the person with mental illness subsequent 11 to a single admission or multiple admissions to a state 12 mental health institute or, if the person is not discharged as 13 cured, subsequent to a single transfer or multiple transfers 14 to a county care facility pursuant to section 227.11 . After 15 reaching this limit of liability, a person with mental illness 16 or a person legally liable for the person’s support is liable 17 to the county for the care and treatment of the person with 18 mental illness at a state mental health institute or, if 19 transferred but not discharged as cured, at a county care 20 facility in an amount not in excess of the average minimum 21 cost of the maintenance of an individual who is physically and 22 mentally healthy residing in the individual’s own home, which 23 standard shall be established and may from time to time be 24 revised by the department of human services. A lien imposed 25 by section 230.25 shall not exceed the amount of the liability 26 which may be incurred under this section on account of a person 27 with mental illness. 28 2. A person with a substance-related disorder is 29 legally liable for the total amount of the cost of providing 30 care, maintenance, and treatment for the person with a 31 substance-related disorder while a voluntary or committed 32 patient. When a portion of the cost is paid by a county, 33 the person with a substance-related disorder is legally 34 liable to the county for the amount paid. The person with 35 -20- LSB 1950HC (23) 85 lh/rj 20/ 159
H.F. _____ a substance-related disorder shall assign any claim for 1 reimbursement under any contract of indemnity, by insurance 2 or otherwise, providing for the person’s care, maintenance, 3 and treatment in a state hospital to the state. Any payments 4 received by the state from or on behalf of a person with a 5 substance-related disorder shall be in part credited to the 6 county in proportion to the share of the costs paid by the 7 county. 8 3. Nothing in this section shall be construed to prevent 9 a relative or other person from voluntarily paying the full 10 actual cost or any portion of the care and treatment of any 11 person with mental illness or a substance-related disorder as 12 established by the department of human services. 13 Sec. 44. Section 231D.3A, Code 2013, is amended to read as 14 follows: 15 231D.3A Exception. 16 An entity certified by the centers for Medicare and Medicaid 17 services of the United States department of health and human 18 services as a federal program of all-inclusive care for the 19 elderly shall not be required to be certified as an adult 20 day services program under this chapter . A program for of 21 all-inclusive care for the elderly, as used in this section , 22 shall not identify itself or hold itself out to be an adult day 23 services program as defined in section 231D.1 . 24 Sec. 45. Section 235.3, subsection 2, Code 2013, is amended 25 to read as follows: 26 2. Make such reports and obtain and furnish such information 27 from time to time as may be necessary to permit cooperation by 28 the state division with the United States children’s bureau, 29 the social security board administration , or any other federal 30 agency which is now or may hereafter be charged with any duty 31 regarding child care or child welfare services. 32 Sec. 46. Section 235B.1, subsection 4, paragraph a, 33 subparagraph (1), Code 2013, is amended to read as follows: 34 (1) Advise the director of human services, the director 35 -21- LSB 1950HC (23) 85 lh/rj 21/ 159
H.F. _____ of elder affairs the department on aging , the director of 1 inspections and appeals, the director of public health, the 2 director of the department of corrections, and the director of 3 human rights regarding dependent adult abuse. 4 Sec. 47. Section 235B.16A, subsection 4, Code 2013, is 5 amended to read as follows: 6 4. The department of human services shall cooperate with 7 the department on aging, the departments of elder affairs, 8 inspections and appeals, public health, public safety, and 9 workforce development, the civil rights commission, and other 10 state and local agencies performing inspections or otherwise 11 visiting residential settings where dependent adults live, 12 to regularly provide training to the appropriate staff in 13 the agencies concerning each agency’s procedures involving 14 dependent adults, and to build awareness concerning dependent 15 adults and reporting of dependent adult abuse. 16 Sec. 48. Section 249A.4B, subsection 2, paragraph a, 17 subparagraphs (29) and (41), Code 2013, are amended to read as 18 follows: 19 (29) The Iowa association of homes and services for the 20 aging Leading age Iowa . 21 (41) The Iowa dietetic association academy of nutrition and 22 dietetics . 23 Sec. 49. Section 249A.12, subsection 3, paragraph b, Code 24 2013, is amended to read as follows: 25 b. The state shall be responsible for all of the nonfederal 26 share of medical assistance home and community-based services 27 waivers for persons with an intellectual disabilities 28 disability services provided to minors, and a county is not 29 required to reimburse the department and shall not be billed 30 for the nonfederal share of the costs of the services. 31 Sec. 50. Section 249A.12, subsection 5, paragraph b, Code 32 2013, is amended to read as follows: 33 b. The department of human services shall seek federal 34 approval to amend the home and community-based services waiver 35 -22- LSB 1950HC (23) 85 lh/rj 22/ 159
H.F. _____ for persons with an intellectual disabilities disability 1 to include day habilitation services. Inclusion of day 2 habilitation services in the waiver shall take effect upon 3 receipt of federal approval. 4 Sec. 51. Section 249A.26, subsection 4, Code 2013, is 5 amended to read as follows: 6 4. The state shall pay for the entire nonfederal share 7 of the costs for case management services provided to 8 persons seventeen years of age or younger who are served in 9 a home and community-based services waiver program under the 10 medical assistance program for persons with an intellectual 11 disabilities disability . 12 Sec. 52. Section 249A.30, subsection 1, Code 2013, is 13 amended to read as follows: 14 1. The base reimbursement rate for a provider of services 15 under a medical assistance program home and community-based 16 services waiver for persons with an intellectual disabilities 17 disability shall be recalculated at least every three years 18 to adjust for the changes in costs during the immediately 19 preceding three-year period. 20 Sec. 53. Section 249L.4, subsection 5, paragraph b, 21 subparagraph (4), Code 2013, is amended to read as follows: 22 (4) Each nursing facility shall submit to the department, 23 information in a form as specified by the department and 24 developed in cooperation with representatives of the Iowa 25 caregivers association, the Iowa health care association, the 26 leading age Iowa association of homes and services for the 27 aging , and the AARP Iowa chapter, that demonstrates compliance 28 by the nursing facility with the requirements for use of the 29 rate adjustment increases and other reimbursements provided to 30 nursing facilities through the quality assurance assessment. 31 Sec. 54. Section 252.27, unnumbered paragraph 2, Code 2013, 32 is amended to read as follows: 33 The board shall record its proceedings relating to the 34 provision of assistance to specific persons under this chapter . 35 -23- LSB 1950HC (23) 85 lh/rj 23/ 159
H.F. _____ A person who is aggrieved by a decision of the board may appeal 1 the decision as if it were a contested case before an agency 2 and as if the person had exhausted administrative remedies in 3 accordance with the procedures and standards in section 17A.19, 4 subsections 2 to 12 , except section 17A.19, subsection 10 , 5 paragraphs “b” and “g” , and section 17A.20 . 6 Sec. 55. Section 252D.17, Code 2013, is amended to read as 7 follows: 8 252D.17 Notice to payor of income —— duties and liability —— 9 criminal penalty. 10 1. The district court shall provide notice by sending a copy 11 of the order for income withholding or a notice of the order 12 for income withholding to the obligor and the obligor’s payor 13 of income by regular mail, with proof of service completed 14 according to rule of civil procedure 1.442. The child support 15 recovery unit shall provide notice of the income withholding 16 order by sending a notice of the order to the obligor’s payor 17 of income by regular mail or by electronic means. Proof of 18 service may be completed according to rule of civil procedure 19 1.442. The child support recovery unit’s notice of the order 20 may be sent to the payor of income on the same date that the 21 order is sent to the clerk of court for filing. In all other 22 instances, the income withholding order shall be filed with the 23 clerk of court prior to sending the notice of the order to the 24 payor of income. In addition to the amount to be withheld for 25 payment of support, the order or the notice of the order shall 26 be in a standard format as prescribed by the unit and shall 27 include all of the following information regarding the duties 28 of the payor in implementing the withholding order: 29 1. a. The withholding order or notice of the order 30 for income withholding for child support or child support 31 and spousal support has priority over a garnishment or an 32 assignment for any other purpose. 33 2. b. As reimbursement for the payor’s processing costs, 34 the payor may deduct a fee of no more than two dollars for each 35 -24- LSB 1950HC (23) 85 lh/rj 24/ 159
H.F. _____ payment in addition to the amount withheld for support. The 1 payor of income is not required to vary the payroll cycle to 2 comply with the frequency of payment of a support order. 3 3. c. The amount withheld for support, including the 4 processing fee, shall not exceed the amounts specified in 15 5 U.S.C. § 1673(b). 6 4. d. The income withholding order is binding on an 7 existing or future payor of income ten days after receipt of 8 the copy of the order or the notice of the order, and is binding 9 whether or not the copy of the order received is file-stamped. 10 5. e. The payor shall send the amounts withheld to the 11 collection services center or the clerk of the district court 12 pursuant to section 252B.14 within seven business days of the 13 date the obligor is paid. “Business day” means a day on which 14 state offices are open for regular business. 15 6. f. The payor may combine amounts withheld from the 16 obligors’ income in a single payment to the clerk of the 17 district court or to the collection services center, as 18 appropriate. Whether combined or separate, payments shall be 19 identified by the name of the obligor, account number, amount, 20 and the date withheld. If payments for multiple obligors are 21 combined, the portion of the payment attributable to each 22 obligor shall be specifically identified. 23 7. g. The withholding is binding on the payor until further 24 notice by the court or the child support recovery unit. 25 8. h. If the payor, with actual knowledge and intent to 26 avoid legal obligation, fails to withhold income or to pay the 27 amounts withheld to the collection services center or the clerk 28 of court in accordance with the provisions of the order, the 29 notice of the order, or the notification of payors of income 30 provisions established in section 252B.13A , the payor commits a 31 simple misdemeanor for a first offense and is liable for the 32 accumulated amount which should have been withheld, together 33 with costs, interest, and reasonable attorney fees related to 34 the collection of the amounts due from the payor. For each 35 -25- LSB 1950HC (23) 85 lh/rj 25/ 159
H.F. _____ subsequent offense prescribed under this subsection paragraph , 1 the payor commits a serious misdemeanor and is liable for the 2 accumulated amount which should have been withheld, together 3 with costs, interest, and reasonable attorney fees related to 4 the collection of the amounts due from the payor. 5 9. i. The payor shall promptly notify the court or the 6 child support recovery unit when the obligor’s employment or 7 other income terminates, and provide the obligor’s last known 8 address and the name and address of the obligor’s new employer, 9 if known. 10 10. j. Any payor who discharges an obligor, refuses to 11 employ an obligor, or takes disciplinary action against an 12 obligor based upon income withholding is guilty of a simple 13 misdemeanor. A withholding order or the notice of the order 14 for income withholding has the same force and effect as any 15 other district court order, including , but not limited to , 16 contempt of court proceedings for noncompliance. 17 11. a. k. (1) Beginning July 1, 1997, if a payor of 18 income does business in another state through a registered 19 agent and receives a notice of income withholding issued by 20 another state , the payor shall, and beginning January 1, 1998, 21 any payor of income shall , withhold funds as directed in a 22 notice issued by another state, except that a payor of income 23 shall follow the laws of the obligor’s principal place of 24 employment when determining all of the following: 25 (1) (a) The payor’s fee for processing an income 26 withholding payment. 27 (2) (b) The maximum amount permitted to be withheld from 28 the obligor’s income. 29 (3) (c) The time periods for implementing the income 30 withholding order and forwarding the support payments. 31 (4) (d) The priorities for withholding and allocating 32 income withheld for multiple child support obligees. 33 (5) (e) Any withholding terms or conditions not specified 34 in the order. 35 -26- LSB 1950HC (23) 85 lh/rj 26/ 159
H.F. _____ b. (2) A payor of income who complies with an income 1 withholding notice that is regular on its face shall not be 2 subject to any civil liability to any individual or agency for 3 conduct in compliance with the notice. 4 12. l. The payor of income shall comply with chapter 252K 5 when receiving a notice of income withholding from another 6 state. 7 13. m. The department shall establish criteria and a 8 phased-in schedule to require, no later than June 30, 2015, 9 payors of income to electronically transmit the amounts 10 withheld under an income withholding order. The department 11 shall assist payors of income in complying with the required 12 electronic transmission, and shall adopt rules setting forth 13 procedures for use in electronic transmission of funds, and 14 exemption from use of electronic transmission taking into 15 consideration any undue hardship electronic transmission 16 creates for payors of income. 17 Sec. 56. Section 256.9, subsection 55, paragraph a, Code 18 2013, is amended to read as follows: 19 a. The Iowa dietetic association academy of nutrition and 20 dietetics . 21 Sec. 57. Section 256.18A, Code 2013, is amended to read as 22 follows: 23 256.18A Service learning. 24 The board of directors of a school district or the 25 authorities in charge of a nonpublic school may require a 26 certain number of service learning units as a condition for 27 the inclusion of a service learning endorsement on a student’s 28 diploma or as a condition of graduation from the district 29 or school. For purposes of this paragraph section , “service 30 learning” means a method of teaching and learning which engages 31 students in solving problems and addressing issues in their 32 school or greater community as part of the academic curriculum. 33 Sec. 58. Section 256.42, subsection 6, Code 2013, is amended 34 to read as follows: 35 -27- LSB 1950HC (23) 85 lh/rj 27/ 159
H.F. _____ 6. Coursework offered under the initiative shall be 1 rigorous and high quality, and the department shall annually 2 evaluate the quality of the courses , and ensure that coursework 3 is aligned with the state’s core curriculum and core content 4 requirements and standards, as well as national standards 5 of quality for online courses issued by an internationally 6 recognized association for kindergarten through grade twelve 7 online learning. 8 Sec. 59. Section 258.16, subsection 3, paragraph d, Code 9 2013, is amended to read as follows: 10 d. Implement the procedures and contract, at the request 11 of the director of the board of vocational education, for the 12 delivery of vocational education programs and services pursuant 13 to section 256.11, subsection 4 , and section 256.11, subsection 14 5 , paragraph “h” , and section 260C.14, subsection 1 . 15 Sec. 60. Section 261B.2, subsection 5, paragraph c, Code 16 2013, is amended to read as follows: 17 c. Uses in its name the term “college” , “academy” , 18 “institute” , or “university” or a similar term to imply that 19 the person is primarily engaged in the education of students 20 at the postsecondary level, and which makes a charge charges 21 for its services. 22 Sec. 61. Section 261B.9, subsection 7, Code 2013, is amended 23 to read as follows: 24 7. The disclosures required by the department of education 25 for an out-of-state school that the state board of education 26 approves to offer a practitioner preparation program by 27 distance delivery method. 28 Sec. 62. Section 261E.5, subsection 3, Code 2013, is amended 29 to read as follows: 30 3. From the funds allocated pursuant to section 261E.13, 31 subsection 1 , paragraph “d” , the department shall remit amounts 32 to the college board for advanced placement examinations 33 administered by the college board for students enrolled in 34 school districts and accredited nonpublic schools pursuant 35 -28- LSB 1950HC (23) 85 lh/rj 28/ 159
H.F. _____ to subsection 2 and shall distribute an amount per student 1 to a school district submitting a list of students properly 2 registered for the advanced placement examinations pursuant to 3 subsection 2 . The remittance rates to the college board and 4 distribution amounts to the school districts in accordance with 5 this subsection for the fiscal year beginning July 1, 2008, are 6 as follows: thirty-eight 7 a. Thirty-eight dollars for each school district or 8 accredited nonpublic school student who does not qualify for 9 fee reduction ; twenty-seven . 10 b. Twenty-seven dollars for each school district or 11 accredited nonpublic school student who qualifies for fee 12 reduction ; and eight . 13 c. Eight dollars to the school district for each school 14 district or accredited nonpublic school student who was listed 15 by the school district and who takes an advanced placement 16 examination in accordance with this section . 17 Sec. 63. Section 263B.3, Code 2013, is amended to read as 18 follows: 19 263B.3 Agreements with federal departments. 20 The state archaeologist is authorized to enter agreements 21 and cooperative efforts with the United States commissioner 22 of public roads federal highway administrator , the United 23 States departments of commerce, interior, agriculture , and 24 defense, and any other federal or state agencies concerned with 25 archaeological salvage or the preservation of antiquities. 26 Sec. 64. Section 266.48, subsection 1, paragraph a, Code 27 2013, is amended to read as follows: 28 a. Iowa state university, in cooperation with the department 29 of agriculture and land stewardship and the department of 30 natural resources, shall establish a cost-share program for the 31 livestock odor mitigation research efforts as established in 32 sections 266.43 through 266.45 that maximizes participation 33 in the livestock odor mitigation research efforts so as to 34 accomplish the purposes in section 266.42, subsection 1 . 35 -29- LSB 1950HC (23) 85 lh/rj 29/ 159
H.F. _____ Sec. 65. Section 272.31, subsection 5, Code 2013, is amended 1 to read as follows: 2 5. The state board of education shall work with institutions 3 of higher education, private colleges and universities, 4 community colleges, area education agencies, and professional 5 organizations to ensure that the courses and programs required 6 for authorization authorizations under this section are offered 7 throughout the state at convenient times and at a reasonable 8 cost. 9 Sec. 66. Section 273.3, subsection 2, Code 2013, is amended 10 to read as follows: 11 2. Be authorized to receive and expend money for providing 12 programs and services as provided in sections 273.1 , 273.2 , 13 this section , sections 273.4 to 273.9 , and chapters 256B 14 and 257 . All costs incurred in providing the programs and 15 services, including administrative costs, shall be paid from 16 funds received pursuant to sections 273.1 , 273.2, this section, 17 sections 273.4 to 273.9 and chapters 256B and 257 . 18 Sec. 67. Section 280.10, subsection 4, Code 2013, is amended 19 to read as follows: 20 4. “Industrial quality eye-protective devices” , as used 21 in this section , means devices meeting American national 22 standard , practice for occupational and educational eye and 23 face protection promulgated by the American national standards 24 institute, inc. 25 Sec. 68. Section 321.105A, subsection 5, paragraph b, Code 26 2013, is amended to read as follows: 27 b. If an amount of the fee for new registration represented 28 by a dealer to a purchaser is computed upon a purchase price 29 that is not subject to the fee for new registration or the 30 amount represented is in excess of the actual amount subject 31 to the fee and the amount represented is actually paid by 32 the purchaser to the dealer, the excess amount of fee for 33 new registration paid shall be returned to the purchaser 34 upon proper notification to the dealer by the purchaser that 35 -30- LSB 1950HC (23) 85 lh/rj 30/ 159
H.F. _____ an excess payment exists. “Proper” notification is written 1 notification which allows a dealer at least sixty days to 2 respond and which contains enough information to allow a dealer 3 to determine the validity of a purchaser’s claim that an excess 4 amount of fee for new registration has been paid. No cause 5 of action shall accrue against a dealer for excess fee for 6 new registration paid until sixty days after proper notice 7 notification has been given the dealer by the purchaser. 8 Sec. 69. Section 322.33, subsection 2, Code 2013, is amended 9 to read as follows: 10 2. Article Chapter 537, article 2, parts 5 and 6 , and 11 chapter 537, article 3 , sections 537.3203 , 537.3206 , 537.3209 , 12 537.3304 , 537.3305 , and 537.3306 shall apply to any credit 13 transaction as defined in section 537.1301 , that is a retail 14 installment transaction. For the purpose of applying 15 provisions of the consumer credit code in those transactions, 16 “consumer credit sale” shall include a sale for a business 17 purpose. 18 Sec. 70. Section 322A.1, subsection 5, paragraph a, 19 subparagraphs (3) and (5), Code 2013, are amended to read as 20 follows: 21 (3) The franchisee, as an independent business, constitutes 22 a component of the franchiser’s distribution system. 23 (5) The operation of the franchisee’s business is 24 substantially reliant on the franchiser for the continued 25 supply of motor vehicles, parts, and accessories. 26 Sec. 71. Section 326.2, subsection 6, paragraph a, Code 27 2013, is amended to read as follows: 28 a. A one-way movement from one point originating outside 29 this state and destined to for another point outside this 30 state. 31 Sec. 72. Section 331.362, subsection 1, Code 2013, is 32 amended to read as follows: 33 1. A county has jurisdiction over secondary roads as 34 provided in section 306.4, subsection 2 , section 306.4, 35 -31- LSB 1950HC (23) 85 lh/rj 31/ 159
H.F. _____ subsection 5 , paragraph “b” , and section 306.4, subsection 6 , 1 paragraph “b” . 2 Sec. 73. Section 331.382, subsection 8, paragraph a, Code 3 2013, is amended to read as follows: 4 a. The board is subject to chapter 161F , chapters 357 5 through 358 , or chapter 468, subchapters I through III , chapter 6 468, subchapter IV, parts 1 and 2 , or chapter 468, subchapter 7 V , as applicable, in acting relative to a special district 8 authorized under any of those chapters. 9 Sec. 74. Section 331.390, subsection 2, paragraph a, Code 10 2013, is amended to read as follows: 11 a. The voting membership of the governing board shall 12 consist of at least one board of supervisors member from each 13 county comprising the regions region or their designees. 14 Sec. 75. Section 331.390, subsection 3, paragraph b, Code 15 2013, is amended to read as follows: 16 b. The regional administrator staff shall include 17 one or more coordinators of disability services. A 18 coordinator shall possess a bachelor’s or higher level 19 degree in a human services-related or administrative-related 20 administration-related field, including but not limited 21 to social work, psychology, nursing, or public or business 22 administration, from an accredited college or university. 23 However, in lieu of a degree in public or business 24 administration, a coordinator may provide documentation of 25 relevant management experience. An action of a coordinator 26 involving a clinical decision shall be made in conjunction 27 with a professional who is trained in the delivery of the 28 mental health or disability service addressed by the clinical 29 decision. The regional administrator shall determine whether 30 referral to a coordinator of disability services is required 31 for a person seeking to access a service through a local access 32 point of the regional service system. 33 Sec. 76. Section 331.552, subsection 25, Code 2013, is 34 amended to read as follows: 35 -32- LSB 1950HC (23) 85 lh/rj 32/ 159
H.F. _____ 25. Carry out duties relating to the funding of drainage 1 districts as provided in chapter 468, subchapter I, parts 1 to 2 5 , chapter 468, subchapter II, parts 1 , 5 , and 6 , chapter 468, 3 subchapter III , and chapter 468, subchapter IV, parts 1 and 2 . 4 Sec. 77. Section 341A.2, Code 2013, is amended to read as 5 follows: 6 341A.2 Civil service commission. 7 1. Subject to the alternate plan enumerated in section 8 341A.3 , there is created in each county a civil service 9 commission composed of three members. Two members shall be 10 appointed by the county board of supervisors and one member 11 shall be appointed by the county attorney of each county. 12 Appointees to the commission shall be residents of the county 13 for at least two years immediately preceding appointment, 14 and shall be electors. Terms of office shall be six years; 15 however, the initial members of the commission shall be 16 appointed as follows: 17 a. One of the members appointed by the board of supervisors 18 shall serve for a period of two years while the other member 19 shall serve for a period of six years and the board shall 20 specify the term of each member so appointed. 21 b. The member appointed by the county attorney shall serve 22 for a period of four years. 23 2. Any member of the commission may be removed by the 24 appointing authority for incompetence, dereliction of duty, 25 malfeasance in office, or for other good cause; however, no 26 member of the commission shall be removed until apprised 27 in writing of the nature of the charges against the member 28 and a hearing on such charges has been held before the 29 board of supervisors. In the event a vacancy occurs in the 30 commission for any reason other than expiration of the term, an 31 appointment to fill the vacancy for the unexpired term shall be 32 made in the same manner as the original appointment. 33 3. A majority vote of the membership of the commission shall 34 be sufficient to transact the business of the commission. 35 -33- LSB 1950HC (23) 85 lh/rj 33/ 159
H.F. _____ 4. Not more than two commissioners shall be members of the 1 same political party. Commissioners shall hold no elective 2 or other appointive public office during their terms of 3 appointment to the commission. Commissioners shall serve 4 without compensation but shall be reimbursed for necessary 5 expense and mileage incurred in the actual performance of their 6 duties. 7 Sec. 78. Section 350.4, subsection 9, paragraph a, Code 8 2013, is amended to read as follows: 9 a. To participate in watershed projects of soil and water 10 conservation districts and the federal government and in 11 projects of drainage districts organized under the provisions 12 of chapter 161F and , chapter 468, subchapter I, parts 1 through 13 5 , and chapter 468, subchapter II, parts 1 , 5 , and 6 , for the 14 purpose of increasing the recreational resources of the county. 15 Sec. 79. Section 354.9, subsection 3, Code 2013, is amended 16 to read as follows: 17 3. If cities establish overlapping areas of review outside 18 their boundaries, then the cities shall establish by agreement 19 pursuant to chapter 28E reasonable standards and conditions 20 for review of subdivisions within the overlapping area. If no 21 agreement is recorded pursuant to chapter 28E then the city 22 which is closest to the boundary of the subdivision shall have 23 authority to review of the subdivision. 24 Sec. 80. Section 355.7, subsection 6, Code 2013, is amended 25 to read as follows: 26 6. a. The plat shall show the lengths and bearings of 27 the boundaries of the parcels surveyed. The course of each 28 boundary line shown on the plat may be indicated by a direct 29 bearing reference or by an angle between the boundary line and 30 an intersecting line having a shown bearing, except when the 31 boundary line has an irregular or constantly changing course, 32 as along a body of water, or when a description of the boundary 33 line is better achieved by measurements shown at points or 34 intervals along a meander line or an offset line having a shown 35 -34- LSB 1950HC (23) 85 lh/rj 34/ 159
H.F. _____ course. The bearings shall be referenced to a United States 1 public land survey system land line, or recorded subdivision 2 line. If the boundary lines show bearings, lengths, or 3 locations which vary from those recorded in deeds, abutting 4 plats, or other instruments of record, the following note shall 5 be placed along the lines: “recorded 6 Recorded as (show recorded bearing, length, or location)” 7 location) . 8 b. Bearings and angles shown shall be given to at least the 9 nearest minute of arc. 10 Sec. 81. Section 355.8, subsection 8, Code 2013, is amended 11 to read as follows: 12 8. a. The plat shall show the lengths and bearings of 13 the boundaries of the tracts surveyed. The course of each 14 boundary line shown on the plat may be indicated by a direct 15 bearing reference or by an angle between the boundary line and 16 an intersecting line having a shown bearing, except when the 17 boundary line has an irregular or constantly changing course, 18 as along a body of water, or when a description of the boundary 19 line is better achieved by measurements shown at points or 20 intervals along a meander line or an offset line having a shown 21 course. The bearing shall be referenced to a United States 22 public land survey system land line, or recorded subdivision 23 line. If the boundary lines show bearings, lengths, or 24 locations which vary from those recorded in deeds, abutting 25 plats, or other instruments of record, the following note shall 26 be placed along the lines: “recorded 27 Recorded as (show recorded bearing, length, or location)” 28 location) . 29 b. Bearings and angles shown shall be given to at least the 30 nearest minute of arc. 31 Sec. 82. Section 384.6, subsection 1, paragraph b, Code 32 2013, is amended to read as follows: 33 b. If a police chief or fire chief has submitted a 34 written request to the board of trustees to be exempt from 35 -35- LSB 1950HC (23) 85 lh/rj 35/ 159
H.F. _____ chapter 411 , authorized in section 411.3, subsection 1 , a 1 city shall make contributions for the chief, in an amount 2 not to exceed the amount that would have been contributed by 3 the city under section 411.8, subsection 1 , paragraph “a” , 4 to the international city management association/retirement 5 association retirement corporation. 6 Sec. 83. Section 419.4, subsection 2, paragraph a, 7 subparagraph (5), Code 2013, is amended to read as follows: 8 (5) The creation, maintenance, custody, investment and 9 reinvestment and use of special funds from the revenues of such 10 project , and . 11 Sec. 84. Section 419.4, subsection 2, paragraph b, Code 12 2013, is amended to read as follows: 13 b. (1) A municipality shall have the power to provide 14 that proceeds from the sale of bonds and special funds from 15 the revenues of the project shall be invested and reinvested 16 in such securities and other investments as shall be provided 17 in the proceedings under which the bonds are authorized to be 18 issued including: 19 (1) (a) Obligations issued or guaranteed by the United 20 States ; . 21 (2) (b) Obligations issued or guaranteed by any person 22 controlled or supervised by and acting as an instrumentality of 23 the United States pursuant to authority granted by the Congress 24 of the United States ; . 25 (3) (c) Obligations issued or guaranteed by any state 26 of the United States, or the District of Columbia, or any 27 political subdivision of any such state or district ; . 28 (4) (d) Prime commercial paper ; . 29 (5) (e) Prime finance company paper ; . 30 (6) (f) Bankers’ acceptances drawn on and accepted by banks 31 organized under the laws of any state or of the United States ; . 32 (7) (g) Repurchase agreements fully secured by obligations 33 issued or guaranteed by the United States or by any person 34 controlled or supervised by and acting as an instrumentality of 35 -36- LSB 1950HC (23) 85 lh/rj 36/ 159
H.F. _____ the United States pursuant to authority granted by the Congress 1 of the United States ; and . 2 (8) (h) Certificates of deposit issued by banks organized 3 under the laws of any state or of the United States; whether 4 or not such investment or reinvestment is authorized under any 5 other law of this state. The municipality shall also have the 6 power to provide that such proceeds or funds or investments and 7 the amounts payable under the lease, sale contract, or loan 8 agreement shall be received, held and disbursed by one or more 9 banks or trust companies located in or out of the state of 10 Iowa. 11 (2) A municipality shall also have the power to provide 12 that the project and improvements shall be constructed by the 13 municipality, lessee, the lessee’s designee, the contracting 14 party, or the contracting party’s designee, or any one or 15 more of them on real estate owned by the municipality, the 16 lessee, the lessee’s designee, the contracting party, or the 17 contracting party’s designee, as the case may be, and that the 18 bond proceeds shall be disbursed by the trustee bank or banks, 19 trust company or trust companies, during construction upon the 20 estimate, order or certificate of the lessee, the lessee’s 21 designee, the contracting party, or the contracting party’s 22 designee. 23 Sec. 85. Section 421.24, subsection 3, Code 2013, is amended 24 to read as follows: 25 3. a. For the purposes of this section , the words “tax” 26 and “taxes” shall include interest and penalties due under any 27 taxing statute, and liability for such interest or penalties, 28 or both, due under a taxing statute of another state or a 29 political subdivision thereof, shall be recognized and enforced 30 by the courts of this state to the same extent that the laws 31 of such other state permit the enforcement in its courts of 32 liability for such interest or penalties, or both, due under 33 a taxing statute of this state or a political subdivision 34 thereof. 35 -37- LSB 1950HC (23) 85 lh/rj 37/ 159
H.F. _____ b. The courts of this state may not enforce interest rates 1 or penalties on taxes of any other state which exceed the 2 interest rates and penalties imposed by the state of Iowa for 3 the same or a similar tax. 4 Sec. 86. Section 422.16, subsection 10, paragraph c, Code 5 2013, is amended to read as follows: 6 c. If any withholding agent, being a domestic or foreign 7 corporation, required under the provisions of this section 8 to withhold on wages or other taxable Iowa income subject to 9 this chapter , fails to withhold the amounts required to be 10 withheld, make the required returns or remit to the department 11 the amounts withheld, the director may, having exhausted all 12 other means of enforcement of the provisions of this chapter , 13 certify such fact or facts to the secretary of state, who shall 14 thereupon cancel the articles of incorporation or certificate 15 of authority , (as as the case may be) be, of such corporation, 16 and the rights of such corporation to carry on business in the 17 state of Iowa shall thereupon cease. The secretary of state 18 shall immediately notify by registered mail such domestic or 19 foreign corporation of the action taken by the secretary of 20 state. The provisions of section 422.40, subsection 3 , shall 21 be applicable. 22 Sec. 87. Section 422.20, subsection 3, paragraph a, Code 23 2013, is amended to read as follows: 24 a. Unless otherwise expressly permitted by section 8A.504 , 25 section 8G.4 , section 96.11, subsection 6 , section 421.17, 26 subsections 22 , 23 , and 26 , section 421.17, subsection 27 , 27 paragraph “k” , and section 421.17, subsection 31 , section 28 252B.9 , section 321.40, subsection 6 , sections 321.120 , 421.19 , 29 421.28 , 422.72 , and 452A.63 , and this section , a tax return, 30 return information, or investigative or audit information 31 shall not be divulged to any person or entity, other than the 32 taxpayer, the department, or internal revenue service for use 33 in a matter unrelated to tax administration. 34 Sec. 88. Section 422.32, subsection 2, Code 2013, is amended 35 -38- LSB 1950HC (23) 85 lh/rj 38/ 159
H.F. _____ to read as follows: 1 2. The words, terms, and phrases defined in division II, 2 section 422.4, subsections 4 to 6, 8, 9, 13, and 15 to 17 , when 3 used in this division , shall have the meanings ascribed to them 4 in said section except where the context clearly indicates a 5 different meaning. 6 Sec. 89. Section 422.33, subsection 5, Code 2013, is amended 7 to read as follows: 8 5. a. The taxes imposed under this division shall 9 be reduced by a state tax credit for increasing research 10 activities in this state equal to the sum of the following: 11 (1) Six and one-half percent of the excess of qualified 12 research expenses during the tax year over the base amount for 13 the tax year based upon the state’s apportioned share of the 14 qualifying expenditures for increasing research activities. 15 (2) Six and one-half percent of the basic research payments 16 determined under section 41(e)(1)(A) of the Internal Revenue 17 Code during the tax year based upon the state’s apportioned 18 share of the qualifying expenditures for increasing research 19 activities. 20 b. The state’s apportioned share of the qualifying 21 expenditures for increasing research activities is a percent 22 equal to the ratio of qualified research expenditures in this 23 state to the total qualified research expenditures. 24 b. c. In lieu of the credit amount computed in paragraph 25 “a” , subparagraph (1), a corporation may elect to compute the 26 credit amount for qualified research expenses incurred in this 27 state in a manner consistent with the alternative simplified 28 credit described in section 41(c)(5) of the Internal Revenue 29 Code. The taxpayer may make this election regardless of 30 the method used for the taxpayer’s federal income tax. The 31 election made under this paragraph is for the tax year and the 32 taxpayer may use another or the same method for any subsequent 33 year. 34 c. d. For purposes of the alternate credit computation 35 -39- LSB 1950HC (23) 85 lh/rj 39/ 159
H.F. _____ method in paragraph “b” “c” , the credit percentages applicable 1 to qualified research expenses described in section 41(c)(5)(A) 2 and clause (ii) of section 41(c)(5)(B) of the Internal Revenue 3 Code are four and fifty-five hundredths percent and one and 4 ninety-five hundredths percent, respectively. 5 d. e. (1) For purposes of this subsection , “base amount” , 6 “basic research payment” , and “qualified research expense” mean 7 the same as defined for the federal credit for increasing 8 research activities under section 41 of the Internal Revenue 9 Code, except that for the alternative simplified credit such 10 amounts are for research conducted within this state. 11 (2) For purposes of this subsection , “Internal Revenue Code” 12 means the Internal Revenue Code in effect on January 1, 2012. 13 e. f. Any credit in excess of the tax liability for the 14 taxable year shall be refunded with interest computed under 15 section 422.25 . In lieu of claiming a refund, a taxpayer may 16 elect to have the overpayment shown on its final, completed 17 return credited to the tax liability for the following taxable 18 year. 19 f. Reserved. 20 g. A corporation which is an eligible business may claim an 21 additional research activities credit authorized pursuant to 22 section 15.335 . 23 h. The department shall by February 15 of each year issue 24 an annual report to the general assembly containing the total 25 amount of all claims made by employers under this subsection 26 and the portion of the claims issued as refunds, for all claims 27 processed during the previous calendar year. The report shall 28 contain the name of each claimant for whom a tax credit in 29 excess of five hundred thousand dollars was issued and the 30 amount of the credit received. 31 Sec. 90. Section 422.70, subsection 1, Code 2013, is amended 32 to read as follows: 33 1. The director, for the purpose of ascertaining the 34 correctness of a return or for the purpose of making an 35 -40- LSB 1950HC (23) 85 lh/rj 40/ 159
H.F. _____ estimate of the taxable income or receipts of a taxpayer, has 1 power the following powers : 2 a. To examine or cause to be examined by an agent or 3 representative designated by the director, books, papers, 4 records, or memoranda ; to . 5 b. To require by subpoena the attendance and testimony of 6 witnesses; to issue and sign subpoenas ; to . 7 c. To administer oaths, to examine witnesses and receive 8 evidence ; to . 9 d. To compel witnesses to produce for examination books, 10 papers, records, and documents relating to any matter which the 11 director has the authority to investigate or determine. 12 Sec. 91. Section 422.72, subsection 3, paragraph a, Code 13 2013, is amended to read as follows: 14 a. Unless otherwise expressly permitted by section 8A.504 , 15 section 8G.4 , section 96.11, subsection 6 , section 421.17, 16 subsections 22, 23, and 26 , section 421.17, subsection 27 , 17 paragraph “k” , and section 421.17, subsection 31 , section 18 252B.9 , section 321.40, subsection 6 , sections 321.120 , 421.19 , 19 421.28 , 422.20 , and 452A.63 , and this section , a tax return, 20 return information, or investigative or audit information 21 shall not be divulged to any person or entity, other than the 22 taxpayer, the department, or internal revenue service for use 23 in a matter unrelated to tax administration. 24 Sec. 92. Section 422D.1, subsection 2, paragraph a, 25 unnumbered paragraph 1, Code 2013, is amended to read as 26 follows: 27 The taxes for emergency medical services shall only be 28 imposed after an election at which a majority of those voting 29 on the question of imposing the tax or combination of taxes 30 specified in subsection 1 , paragraph “a” , subparagraph (1) 31 or (2), vote in favor of the question. However, the tax or 32 combination of taxes specified in subsection 1 shall not be 33 imposed on property within or on residents of a benefited 34 emergency medical services district under chapter 357F . The 35 -41- LSB 1950HC (23) 85 lh/rj 41/ 159
H.F. _____ question of imposing the tax or combination of the taxes may 1 be submitted at the regular city election, a special election, 2 or state the general election. Notice of the question shall 3 be provided by publication at least sixty days before the time 4 of the election and shall identify the tax or combination of 5 taxes and the rate or rates, as applicable. If a majority of 6 those voting on the question approve the imposition of the tax 7 or combination of taxes, the tax or combination of taxes shall 8 be imposed as follows: 9 Sec. 93. Section 423.3, subsection 18, paragraph c, Code 10 2013, is amended to read as follows: 11 c. Rehabilitation facilities that provide accredited 12 rehabilitation services to persons with disabilities which are 13 accredited by the commission on accreditation of rehabilitation 14 facilities or the accreditation council for services for 15 persons with an intellectual disability and other persons with 16 developmental disabilities on quality and leadership and adult 17 day care services approved for reimbursement by the state 18 department of human services. 19 Sec. 94. Section 423.5, Code 2013, is amended to read as 20 follows: 21 423.5 Imposition of tax. 22 1. Except as provided in subsection 3 paragraph “c” , an 23 excise tax at the rate of six percent of the purchase price or 24 installed purchase price is imposed on the following: 25 1. a. The use in this state of tangible personal property 26 as defined in section 423.1 , including aircraft subject to 27 registration under section 328.20 , purchased for use in this 28 state. For the purposes of this subchapter , the furnishing 29 or use of the following services is also treated as the use 30 of tangible personal property: optional service or warranty 31 contracts, except residential service contracts regulated under 32 chapter 523C , vulcanizing, recapping, or retreading services, 33 engraving, photography, retouching, printing, or binding 34 services, and communication service when furnished or delivered 35 -42- LSB 1950HC (23) 85 lh/rj 42/ 159
H.F. _____ to consumers or users within this state. 1 2. b. The use of manufactured housing in this state, on 2 the purchase price if the manufactured housing is sold in 3 the form of tangible personal property or on the installed 4 purchase price if the manufactured housing is sold in the form 5 of realty. 6 3. c. An excise tax at the rate of five percent is imposed 7 on the use of vehicles subject only to the issuance of a 8 certificate of title and the use of manufactured housing, and 9 on the use of leased vehicles, if the lease transaction does 10 not require titling or registration of the vehicle, on the 11 amount subject to tax as calculated pursuant to section 423.26, 12 subsection 2 . 13 4. d. Purchases of tangible personal property made from 14 the government of the United States or any of its agencies by 15 ultimate consumers shall be subject to the tax imposed by this 16 section . Services purchased from the same source or sources 17 shall be subject to the service tax imposed by this subchapter 18 and apply to the user of the services. 19 5. e. The use in this state of services enumerated in 20 section 423.2 . This tax is applicable where the service is 21 first used in this state. 22 6. 2. The excise tax is imposed upon every person using 23 the property within this state until the tax has been paid 24 directly to the county treasurer, the state department of 25 transportation, a retailer, or the department. This tax is 26 imposed on every person using the services or the product of 27 the services in this state until the user has paid the tax 28 either to an Iowa use tax permit holder or to the department. 29 7. 3. For the purpose of the proper administration of the 30 use tax and to prevent its evasion, evidence that tangible 31 personal property was sold by any person for delivery in this 32 state shall be prima facie evidence that such tangible personal 33 property was sold for use in this state. 34 8. 4. Any person or that person’s affiliate, which is a 35 -43- LSB 1950HC (23) 85 lh/rj 43/ 159
H.F. _____ retailer in this state or a retailer maintaining a place of 1 business in this state under this chapter , that enters into a 2 contract with an agency of this state must register, collect, 3 and remit Iowa use tax under this chapter on all sales of 4 tangible personal property and enumerated services. Every 5 bid submitted and each contract executed by a state agency 6 shall contain a certification by the bidder or contractor 7 stating that the bidder or contractor is registered with the 8 department and will collect and remit Iowa use tax due under 9 this chapter . In the certification, the bidder or contractor 10 shall also acknowledge that the state agency may declare the 11 contract or bid void if the certification is false. Fraudulent 12 certification, by act or omission, may result in the state 13 agency or its representative filing for damages for breach of 14 contract. 15 9. 5. The use tax rate of six percent is reduced to five 16 percent on January 1, 2030. 17 Sec. 95. Section 423.6, subsection 6, Code 2013, is amended 18 to read as follows: 19 6. Tangible personal property or services the sales price 20 of which is exempt from the sales tax under section 423.3 , 21 except section 423.3, subsections 39 and 73 , as it relates to 22 the sale, but not the lease or rental, of vehicles subject only 23 to the issuance of a certificate of title and as it relates to 24 aircraft subject to registration under section 328.20 . 25 Sec. 96. Section 426A.8, unnumbered paragraph 1, Code 2013, 26 is amended to read as follows: 27 If the amount of credit apportioned to any property eligible 28 to for military service tax exemption under this chapter in 29 any year shall exceed the total tax, exclusive of any special 30 assessments levied against such property eligible for military 31 service tax exemption, then the excess shall be remitted by the 32 county treasurer to the department of revenue to be redeposited 33 in the general fund of the state and reallocated the following 34 year by the department. 35 -44- LSB 1950HC (23) 85 lh/rj 44/ 159
H.F. _____ Sec. 97. Section 426A.11, subsection 1, Code 2013, is 1 amended to read as follows: 2 1. The property, not to exceed two thousand seven hundred 3 seventy-eight dollars in taxable value of any veteran, as 4 defined in section 35.1 , of the First World War I . 5 Sec. 98. Section 441.16, subsection 2, paragraph b, Code 6 2013, is amended to read as follows: 7 b. The combined budgets shall contain an itemized list of 8 the proposed salaries of the assessor and each deputy , ; the 9 amount required for field personnel and other personnel, their 10 number , and their compensation; the estimated amount needed for 11 expenses, printing, mileage, and other expenses necessary to 12 operate the assessor’s office , ; the estimated expenses of the 13 examining board , ; and the salaries and expenses of the local 14 board of review. 15 Sec. 99. Section 452A.2, subsection 25, paragraph a, 16 subparagraph (2), Code 2013, is amended to read as follows: 17 (2) Any liquid advertised, offered for sale, sold for 18 use as, or commonly or commercially used as a fuel for 19 propelling motor vehicles which, when subjected to distillation 20 of gasoline, naphtha, kerosene and similar petroleum 21 products [ASTM (American society for testing and materials) 22 international designation D-86], shows not less than ten per 23 centum percent distilled (recovered) below three hundred 24 forty-seven degrees Fahrenheit (one hundred seventy-five 25 degrees Centigrade) and not less than ninety-five per centum 26 percent distilled (recovered) below four hundred sixty-four 27 degrees Fahrenheit (two hundred forty degrees Centigrade). 28 Sec. 100. Section 455B.105, subsection 11, paragraph a, 29 subparagraph (2), Code 2013, is amended to read as follows: 30 (2) The relative benefits to the applicant and to the 31 public of permit and conditional permit review, issuance, and 32 monitoring compliance. It is the intention of the legislature 33 that permit fees shall not cover any costs connected with 34 correcting violation of the terms of any permit and shall not 35 -45- LSB 1950HC (23) 85 lh/rj 45/ 159
H.F. _____ impose unreasonable costs on any municipality. 1 It is the intention of the legislature that permit fees shall 2 not cover any costs connected with correcting violation of the 3 terms of any permit and shall not impose unreasonable costs on 4 any municipality. 5 Sec. 101. Section 455B.474A, Code 2013, is amended to read 6 as follows: 7 455B.474A Rules consistent with federal regulations. 8 The rules adopted by the commission under section 9 455B.474 shall be consistent with and shall not exceed the 10 requirements of federal regulations relating to the regulation 11 of underground storage tanks except as provided in section 12 455B.474, subsection 1 , paragraph “a” , subparagraph (6), 13 and section 455B.474, subsection 3 , paragraph “d” . It is 14 the intent of the general assembly that state rules adopted 15 pursuant to section 455B.474, subsection 1 , paragraph “a” , 16 subparagraph (6), and section 455B.474, subsection 3 , paragraph 17 “d” , be consistent with and not more restrictive than federal 18 regulations adopted by the United States environmental 19 protection agency when those rules are adopted. 20 Sec. 102. Section 455B.516, subsection 9, Code 2013, is 21 amended to read as follows: 22 9. a. “Toxics pollution prevention” means employment of a 23 practice which reduces the industrial use of toxic substances 24 or reduces the environmental and health hazards associated 25 with an environmental waste without diluting or concentrating 26 the waste before the release, handling, storage, transport, 27 treatment, or disposal of the waste. The term includes toxics 28 pollution prevention techniques but does not include a practice 29 which is applied to an environmental waste after the waste is 30 generated or comes into existence on or after the waste exits a 31 production or commercial operation. 32 b. “Toxics pollution prevention” does not include, promote, 33 or require any of the following: 34 a. (1) Waste burning in industrial furnaces, boilers, 35 -46- LSB 1950HC (23) 85 lh/rj 46/ 159
H.F. _____ smelters, or cement kilns for the purpose of energy recovery. 1 b. (2) The transfer of an environmental waste from one 2 environmental medium to another environmental medium, the 3 workplace environment, or a product. 4 c. (3) Off-site waste recycling. 5 d. (4) Any other method of end-of-pipe management 6 of environmental wastes including waste exchange and the 7 incorporation or embedding of regulated environmental wastes 8 into products or by-products. 9 Sec. 103. Section 456A.19, Code 2013, is amended to read as 10 follows: 11 456A.19 Expenditures. 12 1. All funds accruing to the fish and game protection fund, 13 except an equitable portion of the administration fund, shall 14 be expended solely in carrying on fish and wildlife activities. 15 Expenditures incurred by the department in carrying on the 16 activities shall be only on authorization by the general 17 assembly. 18 a. The department shall by October 1 of each year submit to 19 the department of management for transmission to the general 20 assembly a detailed estimate of the amount required by the 21 department during the succeeding year for carrying on fish and 22 wildlife activities. The estimate shall be in the same general 23 form and detail as required by law in estimates submitted by 24 other state departments. 25 b. Any unexpended balance at the end of the biennium shall 26 revert to the fish and game protection fund. 27 c. All administrative expense shall be paid from the 28 administration fund. 29 d. All other expenditures shall be paid from the state 30 conservation fund. 31 2. All expenditures under this chapter are subject to 32 approval by the director of management and the director of the 33 department of administrative services. 34 3. All moneys credited to the county conservation board 35 -47- LSB 1950HC (23) 85 lh/rj 47/ 159
H.F. _____ fund shall be used to provide grants to county conservation 1 boards to provide funding for the purposes of chapter 350 . 2 These grants are in addition to moneys appropriated to the 3 conservation boards from the county boards of supervisors. The 4 grants shall be made to the conservation boards based upon the 5 needs of the boards. Applications shall be made by the boards 6 to the commission. 7 Sec. 104. Section 459.202, subsection 1, unnumbered 8 paragraphs 1 and 2, Code 2013, are amended to read as follows: 9 a. Except as provided in subsection 3 and sections 459.203 , 10 459.205 , and 459.206 , this subsection applies to confinement 11 feeding operation structures constructed on or after May 31, 12 1995, but prior to January 1, 1999; and to the expansion of 13 structures constructed prior to January 1, 1999. 14 b. The following table represents the minimum separation 15 distance in feet required between a confinement feeding 16 operation structure and a residence not owned by the owner of 17 the confinement feeding operation, or a commercial enterprise, 18 bona fide religious institution, or an educational institution: 19 Sec. 105. Section 459.202, subsection 2, unnumbered 20 paragraphs 1 and 2, Code 2013, are amended to read as follows: 21 a. Except as provided in subsection 3 and sections 459.203 , 22 459.205 , and 459.206 , this subsection applies to confinement 23 feeding operation structures constructed on or after January 24 1, 1999, but prior to March 1, 2003, and to the expansion of 25 structures constructed on or after January 1, 1999, but prior 26 to March 1, 2003. 27 b. The following table represents the minimum separation 28 distance in feet required between a confinement feeding 29 operation structure and a residence not owned by the owner of 30 the confinement feeding operation, or a commercial enterprise, 31 bona fide religious institution, or an educational institution: 32 Sec. 106. Section 459.202, subsection 3, unnumbered 33 paragraphs 1 and 2, Code 2013, are amended to read as follows: 34 a. Except as provided in sections 459.203 , 459.205 , and 35 -48- LSB 1950HC (23) 85 lh/rj 48/ 159
H.F. _____ 459.206 , this subsection applies to confinement feeding 1 operation structures constructed on or after May 31, 1995, 2 but prior to March 1, 2003; to the expansion of structures 3 constructed on or after May 31, 1995, but prior to March 1, 4 2003; and to the expansion of structures constructed prior to 5 May 31, 1995. 6 b. The following table represents the minimum separation 7 distance in feet required between a confinement feeding 8 operation structure and a public use area; or between a 9 confinement feeding operation structure and a residence not 10 owned by the owner of the confinement feeding operation, a 11 commercial enterprise, a bona fide religious institution, 12 or an educational institution, if the residence, commercial 13 enterprise, religious institution, or educational institution 14 is located within the corporate limits of a city: 15 Sec. 107. Section 459.202, subsection 4, unnumbered 16 paragraphs 1 and 2, Code 2013, are amended to read as follows: 17 a. Except as provided in subsection 5 and sections 459.203 , 18 459.205 , and 459.206 , this subsection applies to confinement 19 feeding operation structures constructed on or after March 1, 20 2003, and to the expansion of confinement feeding operation 21 structures constructed on or after March 1, 2003. 22 b. The following table represents the minimum separation 23 distance in feet required between a confinement feeding 24 operation structure and a residence not owned by the owner of 25 the confinement feeding operation, a commercial enterprise, a 26 bona fide religious institution, or an educational institution: 27 Sec. 108. Section 459.202, subsection 5, unnumbered 28 paragraphs 1 and 2, Code 2013, are amended to read as follows: 29 a. Except as provided in sections 459.203 , 459.205 , and 30 459.206 , this subsection applies to confinement feeding 31 operation structures constructed on or after March 1, 2003, and 32 to the expansion of confinement feeding operation structures 33 constructed on or after March 1, 2003. 34 b. The following table represents the minimum separation 35 -49- LSB 1950HC (23) 85 lh/rj 49/ 159
H.F. _____ distance in feet required between a confinement feeding 1 operation structure and a public use area; or between a 2 confinement feeding operation structure and a residence not 3 owned by the owner of the confinement feeding operation, a 4 commercial enterprise, a bona fide religious institution, 5 or an educational institution, if the residence, commercial 6 enterprise, religious institution, or educational institution 7 is located within the corporate limits of a city: 8 Sec. 109. Section 459.401, subsection 2, unnumbered 9 paragraph 1, Code 2013, is amended to read as follows: 10 The compliance fund is composed of three accounts , : the 11 general account, the assessment account, and the educational 12 program account. 13 Sec. 110. Section 468.202, Code 2013, is amended to read as 14 follows: 15 468.202 Agreement in advance. 16 The agreement with the federal government contemplated in 17 section 468.201 may be entered into by the board in advance of 18 the filing of the plan —— plan, such agreement to be effective 19 if the plan is finally adopted. If the plan is approved the 20 board shall make a record of any such cooperative agreement. 21 Sec. 111. Section 468.309, Code 2013, is amended to read as 22 follows: 23 468.309 Appeal by trustees or boards. 24 Trustees or boards of supervisors having charge of any 25 previously organized district which is proposed to be included 26 ( either in whole or in part ) within the new intercounty 27 district may, in the same manner and under the same procedure , 28 appeal to the district court from the action of the joint 29 boards in establishing the new district or in including therein 30 the previously organized district or any part thereof. 31 Sec. 112. Section 476.6, subsection 22, Code 2013, is 32 amended to read as follows: 33 22. Nuclear generating facilities —— legislative intent. 34 a. It is the intent of the general assembly to require 35 -50- LSB 1950HC (23) 85 lh/rj 50/ 159
H.F. _____ certain rate-regulated public utilities to undertake analyses 1 of and preparations for the possible construction of nuclear 2 generating facilities in this state that would be beneficial in 3 a carbon-constrained environment. 4 b. A rate-regulated electric utility that was subject to 5 a revenue sharing settlement agreement with regard to its 6 electric base rates as of January 1, 2010, shall recover, 7 through a rider and pursuant to a tariff filing made on or 8 before December 31, 2013, the reasonable and prudent costs of 9 its analyses of and preparations for the possible construction 10 of facilities of the type referenced in paragraph “a” . Cost 11 recovery shall be accomplished by instituting a revenue 12 increase applied in the same percentage amount to each customer 13 class and not designed to recover, on an annual basis, more 14 than five-tenths percent of the electric utility’s calendar 15 year 2009 revenues attributable to billed base rates in this 16 state. At the conclusion of the cost recovery period, which 17 shall extend no more than thirty-six months in total, the board 18 shall conduct a contested case proceeding pursuant to chapter 19 17A to evaluate the reasonableness and prudence of the cost 20 recovery. The utility shall file such information with the 21 board as the board deems appropriate, including the filing 22 of an annual report identifying and explaining expenditures 23 identified in the rider as items for cost recovery, and 24 any other information required by the board. If the board 25 determines that the utility has imprudently incurred costs, or 26 has incurred costs that are less than the amount recovered, the 27 board shall order the utility to modify the rider to adjust the 28 amount recoverable. 29 c. Costs that may be recovered through the rider described 30 in paragraph “b” shall be consistent with the “United States 31 Nuclear Regulatory Guide, Section 4.7, General Site Suitability 32 Criteria for Nuclear Power Stations, Revision Two, April 1998,” 33 including costs related to the study and use of sites for 34 nuclear generation. 35 -51- LSB 1950HC (23) 85 lh/rj 51/ 159
H.F. _____ Sec. 113. Section 476.53, subsection 2, paragraph a, Code 1 2013, is amended to read as follows: 2 a. The general assembly’s intent with regard to the 3 development of electric power generating and transmission 4 facilities, or the significant alteration of an existing 5 generating facility, as provided in subsection 1 , shall be 6 implemented in a manner that is cost-effective and compatible 7 with the environmental policies of the state, as expressed in 8 this Title XI . 9 Sec. 114. Section 489.110, subsection 3, paragraph h, Code 10 2013, is amended to read as follows: 11 h. Vary the requirement to wind up a limited liability 12 company’s business as specified in section 489.702, subsection 13 1 , and section 489.702, subsection 2 , paragraph “a” . 14 Sec. 115. Section 489.110, subsection 4, paragraph a, Code 15 2013, is amended to read as follows: 16 a. Restrict or eliminate the duty to do any of the 17 following: 18 (1) As required in section 489.409, subsection 2 , paragraph 19 “a” , and section 489.409, subsection 8 , to account to the 20 limited liability company and to hold as trustee for it any 21 property, profit, or benefit derived by the member in the 22 conduct or winding up of the company’s business, from a use by 23 the member of the company’s property, or from the appropriation 24 of a limited liability company opportunity. 25 (2) As required in section 489.409, subsection 2 , paragraph 26 “b” , and section 489.409, subsection 8 , to refrain from dealing 27 with the company in the conduct or winding up of the company’s 28 business as or on behalf of a party having an interest adverse 29 to the company. 30 (3) As required by section 489.409, subsection 2 , paragraph 31 “c” , and section 489.409 subsection 8 , to refrain from competing 32 with the company in the conduct of the company’s business 33 before the dissolution of the company. 34 Sec. 116. Section 490.850, subsection 6, Code 2013, is 35 -52- LSB 1950HC (23) 85 lh/rj 52/ 159
H.F. _____ amended to read as follows: 1 6. a. “Official capacity” means: 2 a. (1) When used with respect to a director, the office of 3 director in a corporation. 4 b. (2) When used with respect to an officer, as 5 contemplated in section 490.856 , the office in a corporation 6 held by the officer. 7 b. “Official capacity” does not include service for any 8 other domestic or foreign corporation or any partnership, joint 9 venture, trust, employee benefit plan, or other entity. 10 Sec. 117. Section 493.9, Code 2013, is amended to read as 11 follows: 12 493.9 Change in stock. 13 Any such corporation may, by appropriate amendments to its 14 articles of incorporation, adopted by a two-third affirmative 15 vote of each class of stock then issued and outstanding and 16 affected by such amendment, change its common or preferred 17 stock (common or preferred) having a par value to an equal, 18 greater or less number of shares of stock having no par value, 19 and, in connection therewith, may fix the amount of capital 20 represented by such shares of stock without par value. 21 Sec. 118. Section 502.610, subsections 1, 2, and 6, Code 22 2013, are amended to read as follows: 23 1. Sales and offers to sell. Sections 502.301 , 502.302 , 24 section 502.401, subsection 1 , section 502.402, subsection 1 , 25 section 502.403, subsection 1 , section 502.404, subsection 1 , 26 and sections 502.501 , 502.506 , 502.509 , and 502.510 do not 27 apply to a person that sells or offers to sell a security 28 unless the offer to sell or the sale is made in this state or 29 the offer to purchase or the purchase is made and accepted in 30 this state. 31 2. Purchases and offers to purchase. Sections Section 32 502.401, subsection 1 , section 502.402, subsection 1 , section 33 502.403, subsection 1 , section 502.404, subsection 1 , and 34 sections 502.501 , 502.506 , 502.509 , and 502.510 do not apply to 35 -53- LSB 1950HC (23) 85 lh/rj 53/ 159
H.F. _____ a person that purchases or offers to purchase a security unless 1 the offer to purchase or the purchase is made in this state 2 or the offer to sell or the sale is made and accepted in this 3 state. 4 6. Investment advice and misrepresentations. Sections 5 Section 502.403, subsection 1 , section 502.404, subsection 1 , 6 section 502.405, subsection 1 , and sections 502.502 , 502.505 , 7 and 502.506 apply to a person if the person engages in an act, 8 practice, or course of business instrumental in effecting 9 prohibited or actionable conduct in this state, whether or not 10 either party is then present in this state. 11 Sec. 119. Section 507A.7, subsection 2, Code 2013, is 12 amended to read as follows: 13 2. The court in any action, suit, or proceeding in which 14 service is made as provided in section 507A.6, subsections 2 15 and 3 of section 507A.6 , or the commissioner of insurance in 16 any administrative proceeding before the commissioner in which 17 service is made as provided in section 507A.6, subsections 2 18 and 3 of section 507A.6 , may in the court’s or commissioner’s 19 discretion, order such postponement as may be necessary to 20 afford the defendant reasonable opportunity to comply with the 21 provisions of subsection 1 of this section and to defend such 22 action. 23 Sec. 120. Section 507C.28, subsection 1, paragraph b, 24 subparagraph (4), Code 2013, is amended to read as follows: 25 (4) The creditor receiving the transfer was an officer, 26 or an employee, attorney or other person who was in fact in a 27 position of comparable influence in the insurer to an officer 28 whether or not the person held the position of an officer, or a 29 shareholder directly or indirectly holding more than five per 30 centum percent of a class of an equity security issued by the 31 insurer, or other person, firm, corporation, association, or 32 aggregation of persons with whom the insurer did not deal at 33 arm’s length. 34 Sec. 121. Section 508.36, subsection 4, Code 2013, is 35 -54- LSB 1950HC (23) 85 lh/rj 54/ 159
H.F. _____ amended to read as follows: 1 4. Computation for minimum standards for annuities. 2 a. Except as provided in subsection 5 , the minimum 3 standard for the valuation of all individual annuity and pure 4 endowment contracts issued on or after the operative date of 5 this subsection , and for all annuities and pure endowments 6 purchased on or after the operative date of this subsection 7 under group annuity and pure endowment contracts, shall be the 8 commissioner’s reserve valuation methods defined in subsections 9 6 and 7 , and the following tables and interest rates: 10 a. (1) For individual annuity and pure endowment contracts 11 issued prior to January 1, 1980, excluding any disability 12 and accidental death benefits in such contracts, both of the 13 following: 14 (1) (a) The 1971 individual annuity mortality table, or any 15 modification of this table approved by the commissioner. 16 (2) (b) Six percent interest for single premium immediate 17 annuity contracts, and four percent interest for all other 18 individual annuity and pure endowment contracts. 19 b. (2) For individual single premium immediate annuity 20 contracts issued on or after January 1, 1980, excluding any 21 disability and accidental death benefits in such contracts, 22 both of the following: 23 (1) (a) One of the following tables: 24 (a) (i) The 1971 individual annuity mortality table. 25 (b) (ii) An individual annuity mortality table, 26 adopted after 1980 by the national association of insurance 27 commissioners and approved by rule adopted by the commissioner 28 for use in determining the minimum standard of valuation for 29 such contracts. 30 (c) (iii) A modification of the tables identified in 31 subparagraph divisions (a) subdivisions (i) and (b) (ii) 32 approved by the commissioner. 33 (2) (b) Seven and one-half percent interest. 34 c. (3) For individual annuity and pure endowment contracts 35 -55- LSB 1950HC (23) 85 lh/rj 55/ 159
H.F. _____ issued on or after January 1, 1980, other than single premium 1 immediate annuity contracts, excluding any disability and 2 accidental death benefits in such contracts, both of the 3 following: 4 (1) (a) One of the following tables: 5 (a) (i) The 1971 individual annuity mortality table. 6 (b) (ii) An individual annuity mortality table adopted 7 after 1980 by the national association of insurance 8 commissioners and approved by rule adopted by the commissioner 9 for use in determining the minimum standard of valuation for 10 such contracts. 11 (c) (iii) A modification of the tables identified in 12 subparagraph divisions (a) subdivisions (i) and (b) (ii) 13 approved by the commissioner. 14 (2) (b) Five and one-half percent interest for single 15 premium deferred annuity and pure endowment contracts and four 16 and one-half percent interest for all other such individual 17 annuity and pure endowment contracts. 18 d. (4) For all annuities and pure endowments purchased 19 prior to January 1, 1980, under group annuity and pure 20 endowment contracts, excluding any disability and accidental 21 death benefits purchased under such contracts, both of the 22 following: 23 (1) (a) The 1971 group annuity mortality table or any 24 modification of this table approved by the commissioner. 25 (2) (b) Six percent interest. 26 e. (5) For all annuities and pure endowments purchased 27 on or after January 1, 1980, under group annuity and pure 28 endowment contracts, excluding any disability and accidental 29 death benefits purchased under such contracts, both of the 30 following: 31 (1) (a) One of the following tables: 32 (a) (i) The 1971 group annuity mortality table. 33 (b) (ii) A group annuity mortality table adopted after 34 1980 by the national association of insurance commissioners 35 -56- LSB 1950HC (23) 85 lh/rj 56/ 159
H.F. _____ and approved by rule adopted by the commissioner for use 1 in determining the minimum standard of valuation for such 2 annuities and pure endowments. 3 (c) (iii) A modification of the tables identified in 4 subparagraph divisions (a) subdivisions (i) and (b) (ii) 5 approved by the commissioner. 6 (2) (b) Seven and one-half percent interest. 7 b. After July 1, 1973, a company may file with the 8 commissioner a written notice of its election to comply with 9 the provisions of this subsection after a specified date before 10 January 1, 1979, which shall be the operative date of this 11 section for such company, provided, if a company makes no 12 election, the effective date of this section for a company is 13 January 1, 1979. 14 Sec. 122. Section 508.36, subsection 5, paragraph c, 15 subparagraph (1), subparagraph division (a), Code 2013, is 16 amended to read as follows: 17 (a) (i) Weighting Factors for Life Insurance: 18 Guarantee Duration (Years) Weighting Factors 19 10 or less .50 20 More than 10, 21 but not more than 20 .45 22 More than 20 .35 23 (ii) For life insurance, the guarantee duration is the 24 maximum number of years the life insurance can remain in force 25 on a basis guaranteed in the policy or under options to convert 26 to plans of life insurance with premium rates or nonforfeiture 27 values or both which are guaranteed in the original policy. 28 Sec. 123. Section 508.36, subsection 5, paragraph c, 29 subparagraph (1), subparagraph division (c), subparagraph 30 subdivision (vi), Code 2013, is amended to read as follows: 31 (vi) A company may elect to value guaranteed interest 32 contracts with cash settlement options and annuities with 33 cash settlement options on either an issue-year basis or on 34 a change-in-fund basis. Guaranteed interest contracts with 35 -57- LSB 1950HC (23) 85 lh/rj 57/ 159
H.F. _____ no cash settlement options and other annuities with no cash 1 settlement options must be valued on an issue-year basis. 2 (2) As used in this section , an issue-year basis of 3 valuation refers to a valuation basis under which the interest 4 rate used to determine the minimum valuation standard for the 5 entire duration of the annuity or guaranteed interest contract 6 is the calendar year valuation interest rate for the year of 7 issue or year of purchase of the annuity or guaranteed interest 8 contract, and the change-in-fund basis of valuation refers to a 9 valuation basis under which the interest rate used to determine 10 the minimum valuation standard applicable to each change in the 11 fund held under the annuity or guaranteed interest contract is 12 the calendar year valuation interest rate for the year of the 13 change in the fund. 14 Sec. 124. Section 508.36, subsection 6, paragraph b, Code 15 2013, is amended to read as follows: 16 b. (1) However, for a life insurance policy issued on or 17 after January 1, 1998, for which the contract premium in the 18 first policy year exceeds that of the second year and for which 19 no comparable additional benefit is provided in the first year 20 for such additional premium and which provides an endowment 21 benefit or a cash surrender value or a combination of such 22 benefit or value in an amount greater than the additional 23 premium, the reserve according to the commissioner’s reserve 24 valuation method as of any policy anniversary occurring on or 25 before the assumed ending date defined as the first policy 26 anniversary on which the sum of any endowment benefit and 27 any cash surrender value then available is greater than such 28 additional premium shall be, except as otherwise provided in 29 subsection 10 , the greater of the reserve as of such policy 30 anniversary calculated as described in paragraph “a” and the 31 reserve as of such policy anniversary calculated as described 32 in paragraph “a” , but with the following modifications: 33 (1) (a) The value defined in paragraph “a” being reduced 34 by fifteen percent of the amount of such excess first year 35 -58- LSB 1950HC (23) 85 lh/rj 58/ 159
H.F. _____ premium. 1 (2) (b) All present values of benefits and premiums being 2 determined without reference to premiums or benefits provided 3 for by the policy after the assumed ending date. 4 (3) (c) The policy being assumed to mature on such date as 5 an endowment. 6 (4) (d) The cash surrender value provided on such date 7 being considered as an endowment benefit. 8 (2) In making the above comparison the mortality and 9 interest bases stated in subsections 4 and 5 shall be used. 10 Sec. 125. Section 510.5, subsection 1, paragraph e, Code 11 2013, is amended to read as follows: 12 e. Appropriate underwriting guidelines including but not 13 limited to the following: 14 (1) The maximum annual premium volume. 15 (2) The basis of the rates to be charged. 16 (3) The types of risks which may be written. 17 (4) Maximum limits of liability. 18 (5) Applicable exclusions. 19 (6) Territorial limitations. 20 (7) Policy cancellation provisions. 21 (8) The maximum length or duration of the policy period. 22 f. The insurer may cancel or refuse to renew any policy 23 of insurance produced or underwritten by a managing general 24 agent, subject to the applicable laws and rules concerning the 25 cancellation and nonrenewal of insurance policies. 26 Sec. 126. Section 511.8, subsection 22, paragraph a, 27 subparagraph (4), Code 2013, is amended to read as follows: 28 (4) “United States government-sponsored enterprise” means the 29 federal national mortgage corporation under 12 U.S.C. § 1716 30 23i 1723i of the National Housing Act and the federal home loan 31 marketing association under the Federal Home Loan Mortgage Act, 32 12 U.S.C. § 1451 59 1459 . 33 Sec. 127. Section 515.13, Code 2013, is amended to read as 34 follows: 35 -59- LSB 1950HC (23) 85 lh/rj 59/ 159
H.F. _____ 515.13 Reservation. 1 None of the provisions of subsection 5 of section 515.12 , 2 subsection 5, shall apply to any company heretofore organized 3 and approved by the commissioner of insurance, but which had 4 not completed its organization on May 28, 1937, nor shall said 5 section 515.12, subsection 5 , apply to any company already 6 licensed to issue policies. 7 Sec. 128. Section 518C.7, subsection 4, Code 2013, is 8 amended to read as follows: 9 4. The plan of operation may delegate any or all duties and 10 powers of the association, except those under section 518C.6, 11 subsection 1 , paragraph “c” , and section 518C.6, subsection 12 2 , paragraph “c” , to a person with the approval of both the 13 board of directors and the commissioner. Such delegation 14 shall only be made to a person extending protection which 15 is not substantially less favorable and effective than that 16 provided by this chapter . Such person shall be reimbursed as a 17 servicing facility and shall be paid for the performance of any 18 other functions of the association. 19 Sec. 129. Section 524.544, subsection 3, Code 2013, is 20 amended to read as follows: 21 3. The reports required by subsections 1 and 2 of this 22 section shall contain information , ( to the extent known by 23 the person making the report ) , relative to the number of 24 shares involved, the names of the sellers and purchasers ( or 25 transferors and transferees ) , the purchase price, the name of 26 the borrower, the amount, source, and terms of the loan, or 27 other transaction, the name of the bank issuing the shares used 28 as security, and the number of shares used as security. 29 Sec. 130. Section 524.904, subsection 5, paragraph b, 30 subparagraphs (2) through (4), Code 2013, are amended to read 31 as follows: 32 (2) One or more persons owns own or controls control 33 fifty percent or more of the voting securities or membership 34 interests of the borrowing entity or a member of the group. 35 -60- LSB 1950HC (23) 85 lh/rj 60/ 159
H.F. _____ (3) One or more persons controls control , in any manner, the 1 election of a majority of the directors, managers, trustees, 2 or other persons exercising similar functions of the borrowing 3 entity or a member of the group. 4 (4) One or more persons has have the power to vote fifty 5 percent or more of any class of voting securities or membership 6 interests of the borrowing entity or a member of the group. 7 Sec. 131. Section 524.904, subsection 7, paragraph g, Code 8 2013, is amended to read as follows: 9 g. Loans and extensions of credit to a federal reserve 10 bank or to the United States, or of any department, bureau, 11 board, commission, agency, or establishment of the United 12 States, or to any corporation owned directly or indirectly by 13 the United States, or loans and extensions of credit to one 14 borrower to the extent that such loans and extensions of credit 15 are fully secured or guaranteed or covered by unconditional 16 commitments or agreements to purchase by a federal reserve bank 17 or by the United States, or any department, bureau, board, 18 commission, agency, or establishment of the United States, or 19 any corporation owned directly or indirectly by the United 20 States. Loans and extensions of credit to one borrower secured 21 by a lease on property under the terms of which the United 22 States, or any department, bureau, board, commission, agency, 23 or establishment of the United States, or any corporation owned 24 directly or indirectly by the United States, or the state of 25 Iowa, or any political subdivision of the state, is lessee and 26 under the terms of which the aggregate rentals payable to the 27 borrower will be sufficient to satisfy the amount loaned is 28 are considered to be loans and extensions of credit secured or 29 guaranteed as provided for in this paragraph. 30 Sec. 132. Section 524.1411, subsection 5, Code 2013, is 31 amended to read as follows: 32 5. The provisions required in the articles of incorporation 33 by section 524.302, subsection 1 , paragraphs “c” and “d” , and 34 section 524.302, subsection 2 , paragraph “b” . 35 -61- LSB 1950HC (23) 85 lh/rj 61/ 159
H.F. _____ Sec. 133. Section 535B.1, subsection 11, Code 2013, is 1 amended to read as follows: 2 11. “Real estate closing services” means the administrative 3 and clerical services required to carry out the conveyance or 4 transfer of real estate or an interest in real estate located 5 in this state to a purchaser or lender. “Real estate closing 6 services” include includes but are is not limited to preparing 7 settlement statements, determining that all closing documents 8 conform to the parties’ contract requirements, ascertaining 9 that the lender’s instructions have been satisfied, conducting 10 a closing conference, receiving and disbursing funds, and 11 completing form documents and instruments selected by and in 12 accordance with instructions of the parties to the transaction. 13 “Real estate closing services” do does not include performing 14 solely notarial acts as provided in chapter 9B . 15 Sec. 134. Section 536.13, subsection 7, paragraph c, Code 16 2013, is amended to read as follows: 17 c. Article Chapter 537, article 2, parts 3, 5, and 6 of 18 chapter 537 , and chapter 537, article 3 of chapter 537 , and 19 sections 537.3203 , 537.3206 , 537.3209 , 537.3304 , 537.3305 , 20 and 537.3306 , apply to any credit transaction, as defined in 21 section 537.1301 , in which a licensee participates or engages, 22 and any violation of those parts or sections is a violation of 23 this chapter . For the purpose of applying the Iowa consumer 24 credit code, chapter 537 , to those credit transactions, 25 “consumer loan” includes a loan for a business purpose. 26 Sec. 135. Section 536A.31, subsection 2, Code 2013, is 27 amended to read as follows: 28 2. Article Chapter 537, article 2, parts 3, 5 , and 6 , 29 and chapter 537, article 3 , and sections 537.3203 , 537.3206 , 30 537.3209 , 537.3210 , 537.3304 , 537.3305 and 537.3306 shall apply 31 to any credit transaction, as defined in section 537.1301 , in 32 which a licensee participates or engages, and any violation of 33 those parts or sections shall be violations of this chapter . 34 For the purpose of applying the provisions of the Iowa consumer 35 -62- LSB 1950HC (23) 85 lh/rj 62/ 159
H.F. _____ credit code, chapter 537 , to those credit transactions, 1 “consumer loan” shall include a loan for a business purpose. 2 Sec. 136. Section 542B.35, subsection 2, paragraph c, Code 3 2013, is amended to read as follows: 4 c. 3. A person who completes the real property inspection 5 report shall not claim to be a licensed professional land 6 surveyor or a licensed professional engineer for purposes of 7 the report. 8 Sec. 137. Section 543B.5, subsection 15, Code 2013, is 9 amended to read as follows: 10 15. a. “Material adverse fact” means an adverse fact 11 that a party indicates is of such significance, or that is 12 generally recognized by a competent licensee as being of 13 such significance to a reasonable party, that it affects or 14 would affect the party’s decision to enter into a contract 15 or agreement concerning a transaction, or affects or would 16 affect the party’s decision about the terms of the contract or 17 agreement. 18 b. For purposes of this subsection , “adverse fact” means 19 a condition or occurrence that is generally recognized by a 20 competent licensee as resulting in any of the following: 21 a. (1) Significantly and adversely affecting the value of 22 the property. 23 b. (2) Significantly reducing the structural integrity of 24 improvement to real estate. 25 c. (3) Presenting a significant health risk to occupants of 26 the property. 27 Sec. 138. Section 543B.29, subsection 3, Code 2013, is 28 amended to read as follows: 29 3. A real estate broker or salesperson who is an owner or 30 lessor of property or an employee of an owner or lessor may 31 have the broker’s or salesperson’s license revoked or suspended 32 for violations of this section or section 543B.34 , except 33 section 543B.34, subsection 1, paragraphs “d” , “e” , “f” , and 34 “i” , with respect to that property. 35 -63- LSB 1950HC (23) 85 lh/rj 63/ 159
H.F. _____ Sec. 139. Section 543B.46, subsection 1, Code 2013, is 1 amended to read as follows: 2 1. Each real estate broker shall maintain a common trust 3 account in a bank, a savings association, or credit union for 4 the deposit of all down payments, earnest money deposits, 5 or other trust funds received by the broker or the broker’s 6 salespersons on behalf of the broker’s principal, except that a 7 broker acting as a salesperson shall deposit these funds in the 8 common trust account of the broker for whom the broker acts as 9 salesperson. The account shall be an interest-bearing account. 10 The interest on the account shall be transferred quarterly to 11 the treasurer of state and transferred to the Iowa finance 12 authority for deposit in the housing trust fund established in 13 section 16.181 unless there is a written agreement between the 14 buyer and seller to the contrary. The broker shall not benefit 15 from interest received on funds of others in the broker’s 16 possession. 17 Sec. 140. Section 551.10, Code 2013, is amended to read as 18 follows: 19 551.10 Cumulative remedies. 20 Nothing in this chapter shall be construed as repealing any 21 other Act, or part of an Act, but the remedies herein provided 22 shall be cumulative to all other remedies provided by law. 23 Sec. 141. Section 554.2311, subsection 2, Code 2013, is 24 amended to read as follows: 25 2. Unless otherwise agreed specifications relating to 26 assortment of the goods are at the buyer’s option and except as 27 otherwise provided in subsections section 554.2319, subsection 28 1 , paragraph “c” and section 554.2319, subsection 3 of section 29 554.2319 specifications or arrangements relating to shipment 30 are at the seller’s option. 31 Sec. 142. Section 554.2319, subsection 1, paragraph c, Code 32 2013, is amended to read as follows: 33 c. when under either paragraph “a” or “b” the term is 34 also F.O.B. vessel, car or other vehicle, the seller must in 35 -64- LSB 1950HC (23) 85 lh/rj 64/ 159
H.F. _____ addition at the seller’s own expense and risk load the goods 1 on board. If the term is F.O.B. vessel the buyer must name the 2 vessel and in an appropriate case the seller must comply with 3 the provisions of this Article on the form of bill of lading 4 ( section 554.2323 ). 5 Sec. 143. Section 554.2319, subsection 3, Code 2013, is 6 amended to read as follows: 7 3. Unless otherwise agreed in any case falling within 8 subsection 1 , paragraph “a” or “c” or subsection 2 the buyer 9 must seasonably give any needed instructions for making 10 delivery, including when the term is F.A.S. or F.O.B. the 11 loading berth of the vessel and in an appropriate case its name 12 and sailing date. The seller may treat the failure of needed 13 instructions as a failure of cooperation under this Article 14 ( section 554.2311 ). The seller may also at the seller’s option 15 move the goods in any reasonable manner preparatory to delivery 16 or shipment. 17 Sec. 144. Section 554.3202, subsection 1, Code 2013, is 18 amended to read as follows: 19 1. Negotiation is effective even if obtained (i) from an 20 infant, a corporation exceeding its powers, or a person without 21 capacity , (ii) ; by fraud, duress, or mistake , ; or (iii) in 22 breach of duty or as part of an illegal transaction. 23 Sec. 145. Section 554.3305, subsection 1, paragraph a, Code 24 2013, is amended to read as follows: 25 a. a defense of the obligor based on (i) infancy of the 26 obligor to the extent it is a defense to a simple contract , 27 (ii) ; duress, lack of legal capacity, or illegality of the 28 transaction which, under other law, nullifies the obligation of 29 the obligor , (iii) ; fraud that induced the obligor to sign the 30 instrument with neither knowledge nor reasonable opportunity 31 to learn of its character or its essential terms , ; or (iv) 32 discharge of the obligor in insolvency proceedings; 33 Sec. 146. Section 554.3311, subsections 1 and 3, Code 2013, 34 are amended to read as follows: 35 -65- LSB 1950HC (23) 85 lh/rj 65/ 159
H.F. _____ 1. If a person against whom a claim is asserted proves that 1 (i) that person in good faith tendered an instrument to the 2 claimant as full satisfaction of the claim, (ii) the amount of 3 the claim was unliquidated or subject to a bona fide dispute, 4 and (iii) the claimant obtained payment of the instrument, the 5 following subsections apply. 6 3. Subject to subsection 4 , a claim is not discharged under 7 subsection 2 if either of the following applies: 8 a. The claimant, if an organization, proves that (i) : 9 (1) within a reasonable time before the tender, the claimant 10 sent a conspicuous statement to the person against whom the 11 claim is asserted that communications concerning disputed 12 debts, including an instrument tendered as full satisfaction 13 of a debt, are to be sent to a designated person, office, or 14 place , ; and (ii) 15 (2) the instrument or accompanying communication was not 16 received by that designated person, office, or place. 17 b. The claimant, whether or not an organization, proves 18 that within ninety days after payment of the instrument, the 19 claimant tendered repayment of the amount of the instrument to 20 the person against whom the claim is asserted. This paragraph 21 does not apply if the claimant is an organization that sent a 22 statement complying with paragraph “a” , part (i) subparagraph 23 (1) . 24 Sec. 147. Section 554.3312, subsection 1, paragraph c, Code 25 2013, is amended to read as follows: 26 c. “Declaration of loss” means a written statement, made 27 under penalty of perjury, to the effect that (i) the declarer 28 lost possession of a check , (ii) ; the declarer is the drawer 29 or payee of the check, in the case of a certified check, or 30 the remitter or payee of the check, in the case of a cashier’s 31 check or teller’s check , (iii) ; the loss of possession was not 32 the result of a transfer by the declarer or a lawful seizure , ; 33 and (iv) the declarer cannot reasonably obtain possession of 34 the check because the check was destroyed, its whereabouts 35 -66- LSB 1950HC (23) 85 lh/rj 66/ 159
H.F. _____ cannot be determined, or it is in the wrongful possession of 1 an unknown person or a person that cannot be found or is not 2 amenable to service of process. 3 Sec. 148. Section 554.3405, subsection 1, paragraphs b and 4 c, Code 2013, are amended to read as follows: 5 b. “Fraudulent endorsement” means (i) one of the following: 6 (1) in the case of an instrument payable to the employer, a 7 forged endorsement purporting to be that of the employer , or 8 (ii) ; 9 (2) in the case of an instrument with respect to which the 10 employer is the issuer, a forged endorsement purporting to be 11 that of the person identified as payee. 12 c. “Responsibility” with respect to instruments means 13 authority (i) to sign or endorse instruments on behalf of the 14 employer , (ii) ; to process instruments received by the employer 15 for bookkeeping purposes, for deposit to an account, or for 16 other disposition , (iii) ; to prepare or process instruments for 17 issue in the name of the employer , (iv) ; to supply information 18 determining the names or addresses of payees of instruments 19 to be issued in the name of the employer , (v) ; to control the 20 disposition of instruments to be issued in the name of the 21 employer , ; or (vi) to act otherwise with respect to instruments 22 in a responsible capacity. “Responsibility” does not include 23 authority that merely allows an employee to have access to 24 instruments or blank or incomplete instrument forms that are 25 being stored or transported or are part of incoming or outgoing 26 mail, or similar access. 27 Sec. 149. Section 554.3501, subsection 1, Code 2013, is 28 amended to read as follows: 29 1. “Presentment” means a demand made by or on behalf of a 30 person entitled to enforce an instrument (i) : 31 a. to pay the instrument made to the drawee or a party 32 obliged to pay the instrument or, in the case of a note or 33 accepted draft payable at a bank, to the bank , ; or (ii) 34 b. to accept a draft made to the drawee. 35 -67- LSB 1950HC (23) 85 lh/rj 67/ 159
H.F. _____ Sec. 150. Section 554.3501, subsection 2, paragraphs b and 1 c, Code 2013, are amended to read as follows: 2 b. Upon demand of the person to whom presentment is made, 3 the person making presentment must (i) exhibit the instrument , 4 (ii) ; give reasonable identification and, if presentment is 5 made on behalf of another person, reasonable evidence of 6 authority to do so , ; and (iii) sign a receipt on the instrument 7 for any payment made or surrender the instrument if full 8 payment is made. 9 c. Without dishonoring the instrument, the party to whom 10 presentment is made may (i) return the instrument for lack of 11 a necessary endorsement, or (ii) refuse payment or acceptance 12 for failure of the presentment to comply with the terms of the 13 instrument, an agreement of the parties, or other applicable 14 law or rule. 15 Sec. 151. Section 554.3604, subsection 1, Code 2013, is 16 amended to read as follows: 17 1. A person entitled to enforce an instrument, with or 18 without consideration, may discharge the obligation of a party 19 to pay the instrument (i) by an intentional voluntary act, 20 such as surrender of the instrument to the party, destruction, 21 mutilation, or cancellation of the instrument, cancellation or 22 striking out of the party’s signature, or the addition of words 23 to the instrument indicating discharge , ; or (ii) by agreeing 24 not to sue or otherwise renouncing rights against the party by 25 a signed writing. 26 Sec. 152. Section 554.3605, subsections 5, 7, and 9, Code 27 2013, are amended to read as follows: 28 5. If the obligation of a party to pay an instrument is 29 secured by an interest in collateral and a person entitled to 30 enforce the instrument impairs the value of the interest in 31 collateral, the obligation of an endorser or accommodation 32 party having a right of recourse against the obligor is 33 discharged to the extent of the impairment. The value of an 34 interest in collateral is impaired to the extent (i) the value 35 -68- LSB 1950HC (23) 85 lh/rj 68/ 159
H.F. _____ of the interest is reduced to an amount less than the amount of 1 the right of recourse of the party asserting discharge, or (ii) 2 the reduction in value of the interest causes an increase in 3 the amount by which the amount of the right of recourse exceeds 4 the value of the interest. The burden of proving impairment is 5 on the party asserting discharge. 6 7. Under subsection 5 or 6 , impairing value of an interest 7 in collateral includes (i) failure to obtain or maintain 8 perfection or recordation of the interest in collateral , (ii) ; 9 release of collateral without substitution of collateral of 10 equal value , (iii) ; failure to perform a duty to preserve the 11 value of collateral owed, under Article 9 or other law, to 12 a debtor or surety or other person secondarily liable , ; or 13 (iv) failure to comply with applicable law in disposing of 14 collateral. 15 9. A party is not discharged under this section if (i) the 16 party asserting discharge consents to the event or conduct 17 that is the basis of the discharge, or (ii) the instrument 18 or a separate agreement of the party provides for waiver of 19 discharge under this section either specifically or by general 20 language indicating that parties waive defenses based on 21 suretyship or impairment of collateral. 22 Sec. 153. Section 554.9102, subsection 1, paragraphs b, 23 k, z, ar, au, be, and bg, Code 2013, are amended to read as 24 follows: 25 b. “Account” , except as used in “account for” , means a right 26 to payment of a monetary obligation, whether or not earned by 27 performance, (i) for property that has been or is to be sold, 28 leased, licensed, assigned, or otherwise disposed of , (ii) ; 29 for services rendered or to be rendered , (iii) ; for a policy 30 of insurance issued or to be issued , (iv) ; for a secondary 31 obligation incurred or to be incurred , (v) ; for energy provided 32 or to be provided , (vi) ; for the use or hire of a vessel under 33 a charter or other contract , (vii) ; arising out of the use of a 34 credit or charge card or information contained on or for use 35 -69- LSB 1950HC (23) 85 lh/rj 69/ 159
H.F. _____ with the card , ; or (viii) as winnings in a lottery or other 1 game of chance operated or sponsored by a state, governmental 2 unit of a state, or person licensed or authorized to operate 3 the game by a state or governmental unit of a state. The term 4 includes health care insurance receivables. The term does 5 not include (i) rights to payment evidenced by chattel paper 6 or an instrument, (ii) commercial tort claims, (iii) deposit 7 accounts, (iv) investment property, (v) letter-of-credit rights 8 or letters of credit, or (vi) rights to payment for money or 9 funds advanced or sold, other than rights arising out of the 10 use of a credit or charge card or information contained on or 11 for use with the card. 12 k. “Chattel paper” means a record or records that evidence 13 both a monetary obligation and a security interest in specific 14 goods, a security interest in specific goods and software used 15 in the goods, a security interest in specific goods and license 16 of software used in the goods, a lease of specific goods, or 17 a lease of specific goods and license of software used in 18 the goods. In this paragraph, “monetary obligation” means a 19 monetary obligation secured by the goods or owed under a lease 20 of the goods and includes a monetary obligation with respect 21 to software used in the goods. The term does not include (i) 22 charters or other contracts involving the use or hire of a 23 vessel or (ii) records that evidence a right to payment arising 24 out of the use of a credit or charge card or information 25 contained on or for use with the card. If a transaction is 26 evidenced by records that include an instrument or series of 27 instruments, the group of records taken together constitutes 28 chattel paper. 29 z. “Consumer transaction” means a transaction in which (i) 30 an individual incurs an obligation primarily for personal, 31 family, or household purposes , (ii) ; a security interest 32 secures the obligation , ; and (iii) the collateral is held or 33 acquired primarily for personal, family, or household purposes. 34 The term includes consumer-goods transactions. 35 -70- LSB 1950HC (23) 85 lh/rj 70/ 159
H.F. _____ ar. “Goods” means all things that are movable when a 1 security interest attaches. The term includes (i) fixtures , 2 (ii) ; standing timber that is to be cut and removed under a 3 conveyance or contract for sale , (iii) ; the unborn young of 4 animals , (iv) ; crops grown, growing, or to be grown, even if 5 the crops are produced on trees, vines, or bushes , ; and (v) 6 manufactured homes. The term also includes a computer program 7 embedded in goods and any supporting information provided in 8 connection with a transaction relating to the program if (i) 9 the program is associated with the goods in such a manner that 10 it customarily is considered part of the goods, or (ii) by 11 becoming the owner of the goods, a person acquires a right to 12 use the program in connection with the goods. The term does 13 not include a computer program embedded in goods that consist 14 solely of the medium in which the program is embedded. The 15 term also does not include accounts, chattel paper, commercial 16 tort claims, deposit accounts, documents, general intangibles, 17 instruments, investment property, letter-of-credit rights, 18 letters of credit, money, or oil, gas, or other minerals before 19 extraction. 20 au. “Instrument” means a negotiable instrument or any 21 other writing that evidences a right to the payment of a 22 monetary obligation, is not itself a security agreement or 23 lease, and is of a type that in ordinary course of business 24 is transferred by delivery with any necessary indorsement or 25 assignment. The term does not include (i) investment property, 26 (ii) letters of credit, or (iii) writings that evidence a right 27 to payment arising out of the use of a credit or charge card or 28 information contained on or for use with the card. 29 be. “New value” means (i) money , (ii) ; money’s worth in 30 property, services, or new credit , ; or (iii) release by a 31 transferee of an interest in property previously transferred 32 to the transferee. The term does not include an obligation 33 substituted for another obligation. 34 bg. “Obligor” means a person that, with respect to an 35 -71- LSB 1950HC (23) 85 lh/rj 71/ 159
H.F. _____ obligation secured by a security interest in or an agricultural 1 lien on the collateral, (i) owes payment or other performance 2 of the obligation, (ii) has provided property other than the 3 collateral to secure payment or other performance of the 4 obligation, or (iii) is otherwise accountable in whole or in 5 part for payment or other performance of the obligation. The 6 term does not include issuers or nominated persons under a 7 letter of credit. 8 Sec. 154. Section 554.12507, subsection 3, Code 2013, is 9 amended to read as follows: 10 3. a. A funds-transfer system rule may select the law of a 11 particular jurisdiction to govern (i) : 12 (1) the rights and obligations between participating banks 13 with respect to payment orders transmitted or processed through 14 the system, or (ii) 15 (2) the rights and obligations of some or all parties to a 16 funds transfer any part of which is carried out by means of the 17 system. 18 b. A choice of law made pursuant to clause (i) paragraph 19 “a” , subparagraph (1), is binding on participating banks. A 20 choice of law made pursuant to clause (ii) paragraph “a” , 21 subparagraph (2), is binding on the originator, other sender, 22 or a receiving bank having notice that the funds-transfer 23 system might be used in the funds transfer and of the choice 24 of law by the system when the originator, other sender, 25 or receiving bank issued or accepted a payment order. The 26 beneficiary of a funds transfer is bound by the choice of law 27 if, when the funds transfer is initiated, the beneficiary has 28 notice that the funds-transfer system might be used in the 29 funds transfer and of the choice of law by the system. The 30 law of a jurisdiction selected pursuant to this subsection may 31 govern, whether or not that law bears a reasonable relation to 32 the matter in issue. 33 Sec. 155. Section 554.13103, subsection 1, paragraph g, 34 subparagraph (3), subparagraph division (d), Code 2013, is 35 -72- LSB 1950HC (23) 85 lh/rj 72/ 159
H.F. _____ amended to read as follows: 1 (d) if the lease is not a consumer lease, the lessor, before 2 the lessee signs the lease contract, informs the lessee in 3 writing (i) of the identity of the person supplying the goods 4 to the lessor, unless the lessee has selected that person 5 and directed the lessor to acquire the goods or the right to 6 possession and use of the goods from that person , (ii) ; that 7 the lessee is entitled under this Article to the promises and 8 warranties, including those of any third party, provided to the 9 lessor by the person supplying the goods in connection with 10 or as part of the contract by which the lessor acquired the 11 goods or the right to possession and use of the goods , ; and 12 (iii) that the lessee may communicate with the person supplying 13 the goods to the lessor and receive an accurate and complete 14 statement of those promises and warranties, including any 15 disclaimers and limitations of them or of remedies. 16 Sec. 156. Section 554.13209, subsection 2, Code 2013, is 17 amended to read as follows: 18 2. The extension of the benefit of a supplier’s promises and 19 of warranties to the lessee under subsection 1 does not: (i) 20 a. modify the rights and obligations of the parties to the 21 supply contract, whether arising therefrom or otherwise, or 22 (ii) 23 b. impose any duty or liability under the supply contract 24 on the lessee. 25 Sec. 157. Section 554.13527, subsection 2, Code 2013, is 26 amended to read as follows: 27 2. Except as otherwise provided with respect to damages 28 liquidated in the lease agreement ( section 554.13504 ) or 29 otherwise determined pursuant to agreement of the parties 30 ( sections 554.1302 and 554.13503 ), if the disposition is by 31 lease agreement substantially similar to the original lease 32 agreement and the new lease agreement is made in good faith and 33 in a commercially reasonable manner, the lessor may recover 34 from the lessee as damages (i) accrued and unpaid rent as of 35 -73- LSB 1950HC (23) 85 lh/rj 73/ 159
H.F. _____ the date of the commencement of the term of the new lease 1 agreement , (ii) ; the present value, as of the same date, of the 2 total rent for the remaining lease term of the original lease 3 agreement minus the present value, as of the same date, of the 4 rent under the new lease agreement applicable to that period of 5 the new lease term which is comparable to the then remaining 6 term of the original lease agreement , ; and (iii) any incidental 7 damages allowed under section 554.13530 , less expenses saved in 8 consequence of the lessee’s default. 9 Sec. 158. Section 554.13528, subsection 1, Code 2013, is 10 amended to read as follows: 11 1. Except as otherwise provided with respect to damages 12 liquidated in the lease agreement ( section 554.13504 ) or 13 otherwise determined pursuant to agreement of the parties 14 ( sections 554.1302 and 554.13503 ), if a lessor elects to retain 15 the goods or a lessor elects to dispose of the goods and the 16 disposition is by lease agreement that for any reason does not 17 qualify for treatment under section 554.13527, subsection 2 , or 18 is by sale or otherwise, the lessor may recover from the lessee 19 as damages for a default of the type described in section 20 554.13523, subsection 1 , or section 554.13523, subsection 3 , 21 paragraph “a” , or, if agreed, for other default of the lessee, 22 (i) 23 a. accrued and unpaid rent as of the date of default if 24 the lessee has never taken possession of the goods, or, if the 25 lessee has taken possession of the goods, as of the date the 26 lessor repossesses the goods or an earlier date on which the 27 lessee makes a tender of the goods to the lessor, (ii) 28 b. the present value as of the date determined under clause 29 (i) paragraph “a” of the total rent for the then remaining lease 30 term of the original lease agreement minus the present value as 31 of the same date of the market rent at the place where the goods 32 are located computed for the same lease term, and (iii) 33 c. any incidental damages allowed under section 554.13530 , 34 less expenses saved in consequence of the lessee’s default. 35 -74- LSB 1950HC (23) 85 lh/rj 74/ 159
H.F. _____ Sec. 159. Section 554D.104, subsection 2, paragraph b, Code 1 2013, is amended to read as follows: 2 b. Chapter 554 other than chapter 554, articles 2 and 13 , 3 and section 554.1306 . 4 Sec. 160. Section 559.2, Code 2013, is amended to read as 5 follows: 6 559.2 Definition —— scope of power. 7 The term “power to appoint” as used in section 559.1 , shall 8 mean and include all powers which are in substance and effect 9 powers of appointment, regardless of the language used in 10 creating them and whether they are (1) general : 11 1. General , special or otherwise , (2) vested . 12 2. Vested , contingent or conditional , (3) in . 13 3. In gross, appendant, simply collateral, in trust or in 14 the nature of a trust or otherwise , (4) exercisable . 15 4. Exercisable by an instrument amending, revoking, 16 altering , or terminating a trust or an estate, or an interest 17 thereunder or otherwise , (5) exercisable . 18 5. Exercisable presently or in the future , (6) exercisable . 19 6. Exercisable in an individual or a fiduciary capacity 20 whether alone or in conjunction with one or more other persons 21 or corporations , (7) powers . 22 7. Powers to invade or consume property , or (8) powers . 23 8. Powers remaining after one or more partial releases have 24 heretofore or hereafter been made with respect to a power to 25 appoint. 26 Sec. 161. Section 559.6, Code 2013, is amended to read as 27 follows: 28 559.6 Delivery. 29 A release or disclaimer may be delivered to any of the 30 following: (1) 31 1. Any person who could be adversely affected by the 32 exercise of the power ; or (2) any . 33 2. Any trustee of the property to which the power relates ; 34 or (3) any . 35 -75- LSB 1950HC (23) 85 lh/rj 75/ 159
H.F. _____ 3. Any person specified for such purpose in the instrument 1 creating the power ; or (4) the . 2 4. The county recorder as provided in section 559.1 . 3 Sec. 162. Section 600A.4, subsection 2, paragraph f, Code 4 2013, is amended to read as follows: 5 f. Shall be accompanied by a report which includes, 6 to the extent available, the complete family medical and 7 social history of the person to be adopted including any 8 known genetic, metabolic, or familial disorders and the 9 complete medical and developmental history of the person to 10 be adopted, and a social history of the minor child and the 11 minor child’s family but which does not disclose the identity 12 of the biological parents of the person to be adopted. The 13 social history may include but is not limited to the minor 14 child’s racial, ethnic, and religious background and a general 15 description of the minor child’s biological parents and an 16 account of the minor child’s prior and existing relationship 17 with any relative, foster parent, or other individual with whom 18 the minor child regularly lives or whom the child regularly 19 visits. 20 (1) A biological parent may also provide ongoing 21 information to the adoptive parents, as additional medical 22 or social history information becomes known, by providing 23 information to the clerk of court, the department of human 24 services, or the agency which made the placement, and may 25 provide the current address of the biological parent. The 26 clerk of court, the department of human services, or the agency 27 which made the placement shall transmit the information to the 28 adoptive parents if the address of the adoptive parents is 29 known. 30 (2) A person who furnishes a report required under this 31 paragraph “f” and the court shall not disclose any information 32 upon which the report is based except as otherwise provided 33 in this section and such a person is subject to the penalties 34 provided in section 600.16 , as applicable. A person who is the 35 -76- LSB 1950HC (23) 85 lh/rj 76/ 159
H.F. _____ subject of any report may bring a civil action against a person 1 who discloses the information in violation of this section . 2 (3) Information provided under this paragraph “f” shall not 3 be used as evidence in any civil or criminal proceeding against 4 a person who is the subject of the information. 5 (4) The department shall prescribe forms designed to obtain 6 the family medical and social history and shall provide the 7 forms at no charge to any agency or person who executes a 8 release of custody of the minor child or who files a petition 9 for termination of parental rights. The existence of this 10 report does not limit a person’s ability to petition the court 11 for release of records in accordance with other provisions of 12 law. 13 Sec. 163. Section 631.8, subsection 2, paragraph b, Code 14 2013, is amended to read as follows: 15 b. As to parties who have appeared or are existing parties, 16 either (1) order the small claim to be heard under this chapter 17 and the other claim to be tried by regular procedure or (2) 18 order both claims to be tried by regular procedure. 19 Sec. 164. Section 633.224, Code 2013, is amended to read as 20 follows: 21 633.224 Advancements —— in general. 22 When the owner of property transfers it as an advancement 23 to a person who would be an heir of such transferor were the 24 latter to die at that time, and the transferor dies intestate, 25 then the property thus advanced shall be counted toward the 26 share of the transferee in the estate, ( which for this purpose 27 only shall be increased by the value of the advancement at 28 the time the advancement was made ) . The transferee shall 29 have no liability to the estate for such part, if any, of the 30 advancement as may be in excess of the transferee’s share 31 in the estate as thus determined. Every gratuitous inter 32 vivos transfer is presumed to be an absolute gift, and not an 33 advancement. Such presumption is rebuttable. 34 Sec. 165. Section 633.352, Code 2013, is amended to read as 35 -77- LSB 1950HC (23) 85 lh/rj 77/ 159
H.F. _____ follows: 1 633.352 Collection of rents and payment of taxes and charges. 2 Unless otherwise provided by the will, the provisions of 3 chapter 637 that conflict with this division VII, part 3 , shall 4 not apply to the allocation and distribution of estate income. 5 Sec. 166. Section 648.3, subsection 1, Code 2013, is amended 6 to read as follows: 7 1. Before action can be brought under any ground specified 8 in section 648.1 , except section 648.1, subsection 1 , three 9 days’ notice to quit must be given to the defendant in writing. 10 However, a landlord who has given a tenant three days’ notice 11 to pay rent and has terminated the tenancy as provided in 12 section 562A.27, subsection 2 , or section 562B.25, subsection 13 2 , if the tenant is renting the manufactured or mobile home or 14 the land from the landlord, may commence the action without 15 giving a three-day notice to quit. 16 Sec. 167. Section 724.10, subsection 2, Code 2013, is 17 amended to read as follows: 18 2. The issuing officer, upon receipt of an initial or 19 renewal application under this section , shall immediately 20 conduct a background check concerning each applicant by 21 obtaining criminal history data from the department of public 22 safety which shall include an inquiry of the national instant 23 criminal background check system maintained by the federal 24 bureau of investigation or any successor agency. 25 Sec. 168. Section 724.17, Code 2013, is amended to read as 26 follows: 27 724.17 Application for annual permit to acquire —— criminal 28 history check required. 29 The application for an annual permit to acquire pistols 30 or revolvers may be made to the sheriff of the county of 31 the applicant’s residence and shall be on a form prescribed 32 and published by the commissioner of public safety. The 33 application shall require only the full name of the applicant, 34 the driver’s license or nonoperator’s identification card 35 -78- LSB 1950HC (23) 85 lh/rj 78/ 159
H.F. _____ number of the applicant, the residence of the applicant, 1 and the date and place of birth of the applicant. The 2 applicant shall also display an identification card that 3 bears a distinguishing number assigned to the cardholder, the 4 full name, date of birth, sex, residence address, and brief 5 description and colored photograph of the cardholder, or other 6 identification as specified by rule of the department of public 7 safety. The sheriff shall conduct a criminal history check 8 concerning each applicant by obtaining criminal history data 9 from the department of public safety which shall include an 10 inquiry of the national instant criminal background check 11 system maintained by the federal bureau of investigation or any 12 successor agency. A person who makes what the person knows 13 to be a false statement of material fact on an application 14 submitted under this section or who submits what the person 15 knows to be any materially falsified or forged documentation in 16 connection with such an application commits a class “D” felony. 17 Sec. 169. Section 805.6, subsection 3, paragraph a, Code 18 2013, is amended to read as follows: 19 a. (1) The uniform citation and complaint shall contain 20 spaces for the following: 21 (a) The parties’ names ; the . 22 (b) The address of the alleged offender ; the . 23 (c) The registration number of the offender’s vehicle ; the . 24 (d) The information required by section 805.2 , a . 25 (e) A warning which states: 26 “I I hereby swear and affirm that the information provided by 27 me on this citation is true under penalty of providing false 28 information”; and a information. 29 (f) A statement that providing false identification 30 information is a violation of section 719.1A ; a . 31 (g) A list of the scheduled fines prescribed by sections 32 805.8A , 805.8B , and 805.8C , either separately or by group, and 33 a statement of the court costs payable in scheduled violation 34 cases, whether or not a court appearance is required or is 35 -79- LSB 1950HC (23) 85 lh/rj 79/ 159
H.F. _____ demanded ; a . 1 (h) A brief explanation of sections 805.9 and 805.10 ; and a . 2 (i) A space where the defendant may sign an admission of the 3 violation when permitted by section 805.9 ; and the . 4 (2) The uniform citation and complaint shall require that 5 the defendant appear before a court at a specified time and 6 place. 7 (3) The uniform citation and complaint also may contain a 8 space for the imprint of a credit card, and may contain any 9 other information which the commissioner of public safety, the 10 director of transportation, and the director of the department 11 of natural resources may determine. 12 Sec. 170. Section 805.8B, subsection 2, paragraph b, 13 subparagraph (3), Code 2013, is amended to read as follows: 14 (3) For operating violations under section 321G.13, 15 subsection 1 , paragraphs “a” , “b” , “e” , “f” , “g” , “h” , and “i” , 16 and section 321G.13, subsections 2 and 3 , the scheduled fine 17 is one hundred dollars. 18 Sec. 171. Section 805.8B, subsection 2A, paragraph b, 19 subparagraph (3), Code 2013, is amended to read as follows: 20 (3) For operating violations under section 321I.14, 21 subsection 1 , paragraphs “a” , “e” , “f” , “g” , and “h” , and 22 section 321I.14, subsections 2, 3, 4, and 5 , the scheduled fine 23 is one hundred dollars. 24 Sec. 172. Section 809A.3, Code 2013, is amended to read as 25 follows: 26 809A.3 Conduct giving rise to forfeiture. 27 1. The following conduct may give rise to forfeiture: 28 1. a. An act or omission which is a public offense and 29 which is a serious or aggravated misdemeanor or felony. 30 2. b. An act or omission occurring outside of this state, 31 that would be punishable by confinement of one year or more in 32 the place of occurrence and would be a serious or aggravated 33 misdemeanor or felony if the act or omission occurred in this 34 state. 35 -80- LSB 1950HC (23) 85 lh/rj 80/ 159
H.F. _____ 3. c. An act or omission committed in furtherance of any 1 act or omission described in subsection 1 paragraph “a” , which 2 is a serious or aggravated misdemeanor or felony, including any 3 inchoate or preparatory offense. 4 4. 2. Notwithstanding subsections subsection 1 through 5 3 , violations of chapter 321 or 321J shall not be considered 6 conduct giving rise to forfeiture, except for violations of the 7 following: 8 a. Section 321.232 . 9 b. A second or subsequent violation of section 321J.4B, 10 subsection 2 , paragraph “a” , subparagraph (2). 11 c. Section 321J.4B, subsection 9 . 12 Sec. 173. Section 904.312, Code 2013, is amended to read as 13 follows: 14 904.312 Purchase of supplies. 15 1. The director shall adopt rules governing the purchase of 16 all articles and supplies needed at the various institutions 17 and the form and verification of vouchers for the purchases. 18 When purchases are made by sample, the sample shall be properly 19 marked and retained until after an award or delivery of the 20 items is made. The director may purchase supplies from any 21 institution under the director’s control, for use in any other 22 institution, and reasonable reimbursement shall be made for 23 these purchases. 24 2. The director shall, whenever technically feasible, 25 purchase and use degradable loose foam packing material 26 manufactured from grain starches or other renewable resources, 27 unless the cost of the packing material is more than ten 28 percent greater than the cost of packing material made from 29 nonrenewable resources. For the purposes of this subsection, 30 “packing material” means material, other than an exterior 31 packing shell, that is used to stabilize, protect, cushion, or 32 brace the contents of a package. 33 Sec. 174. Section 915.82, subsection 1, Code 2013, is 34 amended to read as follows: 35 -81- LSB 1950HC (23) 85 lh/rj 81/ 159
H.F. _____ 1. a. A crime victim assistance board is established, and 1 shall consist of the following members to be appointed pursuant 2 to rules adopted by the department: 3 a. (1) A county attorney or assistant county attorney. 4 b. (2) Two persons engaged full-time in law enforcement. 5 c. (3) A public defender or an attorney practicing 6 primarily in criminal defense. 7 d. (4) A hospital medical staff person involved with 8 emergency services. 9 e. (5) Two public members who have received victim 10 services. 11 f. (6) A victim service provider. 12 g. (7) A person licensed pursuant to chapter 154B or 154C . 13 h. (8) A person representing the elderly. 14 b. Board members shall be reimbursed for expenses actually 15 and necessarily incurred in the discharge of their duties. 16 DIVISION II 17 VOLUME VI RENUMBERING 18 Sec. 175. Section 556.2, subsection 5, Code 2013, is amended 19 to read as follows: 20 5. a. A banking organization or financial organization 21 shall send to the owner of each account, to which none of the 22 actions specified in subsection 2, paragraphs “a” through “e” 23 of subsection 1 or subsection 2, paragraphs “a” through “e” of 24 subsection 2 have occurred during the preceding three calendar 25 years, a notice by certified mail stating in substance the 26 following: 27 According to our records, we have had no contact with you 28 regarding (describe account) for more than three years. Under 29 Iowa law, if there is a period of three years without contact, 30 we may be required to transfer this account to the custody of 31 the treasurer of state of Iowa as unclaimed property. You 32 may prevent this by taking some action, such as a deposit or 33 withdrawal, which indicates your interest in this account or by 34 signing this form and returning it to us. 35 -82- LSB 1950HC (23) 85 lh/rj 82/ 159
H.F. _____ I desire to keep the above account open and active. 1 ......... 2 Your signature 3 b. The notice required under this section shall be mailed 4 within thirty days of the lapse of the three-year period in 5 which there is no activity. The cost of the certified mail of 6 the notice required in this section may be deducted from the 7 account by the banking or financial organization. 8 Sec. 176. Section 557B.3, subsection 2, unnumbered 9 paragraphs 2, 3, 4, and 5, Code 2013, are amended to read as 10 follows: 11 3. The application shall be signed by the membership camping 12 operator or an officer or a general partner of the membership 13 camping operator, or by another person holding a power of 14 attorney for this purpose from the membership camping operator. 15 If the application is signed pursuant to a power of attorney, 16 a copy of the power of attorney must be included with the 17 application. 18 4. An application for registration shall be amended within 19 twenty-five days of any material change in the information 20 included in the application. A material change includes any 21 change which significantly reduces or terminates either the 22 applicant’s or the purchaser’s right to use the campground 23 or any of the facilities described in the membership camping 24 contract, but does not include minor changes covering the use 25 of the campground, its facilities, or the reciprocal program. 26 5. The registration of the membership camping operator 27 must be renewed annually by filing an application for renewal 28 with the required fee not later than thirty days prior to the 29 anniversary of the current registration. The application shall 30 include all changes which have occurred in the information 31 included in the application previously filed. 32 6. Registration with the attorney general does not 33 constitute approval or endorsement by the attorney general 34 of the membership camping operator, the membership camping 35 -83- LSB 1950HC (23) 85 lh/rj 83/ 159
H.F. _____ contract, or the campground, and any attempt by the membership 1 camping operator to indicate that registration constitutes such 2 approval or endorsement is unlawful. 3 Sec. 177. Section 557B.8, Code 2013, is amended to read as 4 follows: 5 557B.8 Disclosures to purchasers. 6 1. A membership camping operator who is subject to the 7 registration requirements of section 557B.3 shall provide a 8 disclosure statement to a purchaser or prospective purchaser 9 before the person signs a membership camping contract or gives 10 any money or thing of value for the purchase of a membership 11 camping contract. 12 1. 2. The front cover or first page of the disclosure 13 statement shall contain only the following, in the order 14 stated: 15 a. “MEMBERSHIP CAMPING OPERATOR’S DISCLOSURE STATEMENT” 16 printed at the top in boldface type of a minimum size of ten 17 points. 18 b. The name and principal business address of the membership 19 camping operator and any material affiliate of the membership 20 camping operator. 21 c. A statement that the membership camping operator is in 22 the business of offering for sale membership camping contracts. 23 d. A statement, printed in boldface type of a minimum size 24 of ten points, which reads as follows: 25 THIS DISCLOSURE STATEMENT CONTAINS IMPORTANT MATTERS TO BE 26 CONSIDERED IN THE EXECUTION OF A MEMBERSHIP CAMPING CONTRACT. 27 THE MEMBERSHIP CAMPING OPERATOR IS REQUIRED BY LAW TO DELIVER 28 TO YOU A COPY OF THIS DISCLOSURE STATEMENT BEFORE YOU EXECUTE 29 A MEMBERSHIP CAMPING CONTRACT. THE STATEMENTS CONTAINED IN 30 THIS DOCUMENT ARE ONLY SUMMARY IN NATURE. YOU AS A PROSPECTIVE 31 PURCHASER SHOULD REVIEW ALL REFERENCES, EXHIBITS, CONTRACT 32 DOCUMENTS, AND SALES MATERIALS. YOU SHOULD NOT RELY UPON ANY 33 ORAL REPRESENTATIONS AS BEING CORRECT. REFER TO THIS DOCUMENT 34 AND TO THE ACCOMPANYING EXHIBITS FOR CORRECT REPRESENTATIONS. 35 -84- LSB 1950HC (23) 85 lh/rj 84/ 159
H.F. _____ THE MEMBERSHIP CAMPING OPERATOR IS PROHIBITED FROM MAKING ANY 1 REPRESENTATIONS WHICH CONFLICT WITH THOSE CONTAINED IN THE 2 CONTRACT AND THIS DISCLOSURE STATEMENT. 3 e. A statement, printed in boldface type of a minimum size 4 of ten points, which reads as follows: 5 IF YOU EXECUTE A MEMBERSHIP CAMPING CONTRACT, YOU HAVE 6 THE UNQUALIFIED RIGHT TO CANCEL THE CONTRACT. THIS RIGHT OF 7 CANCELLATION CANNOT BE WAIVED. THE RIGHT TO CANCEL EXPIRES 8 AT MIDNIGHT ON THE THIRD BUSINESS DAY FOLLOWING THE DATE ON 9 WHICH THE CONTRACT WAS EXECUTED OR THE DATE OF RECEIPT OF 10 THIS DISCLOSURE STATEMENT, WHICHEVER EVENT OCCURS LATER. TO 11 CANCEL THE MEMBERSHIP CAMPING CONTRACT, YOU AS THE PURCHASER 12 MUST HAND DELIVER OR MAIL NOTICE OF YOUR INTENT TO CANCEL TO 13 THE MEMBERSHIP CAMPING OPERATOR AT THE ADDRESS SHOWN IN THE 14 MEMBERSHIP CAMPING CONTRACT, POSTAGE PREPAID. THE MEMBERSHIP 15 CAMPING OPERATOR IS REQUIRED BY LAW TO RETURN ALL MONEYS PAID 16 BY YOU IN CONNECTION WITH THE EXECUTION OF THE MEMBERSHIP 17 CAMPING CONTRACT, UPON YOUR PROPER AND TIMELY CANCELLATION OF 18 THE CONTRACT AND RETURN OF ALL MEMBERSHIP AND RECIPROCAL USE 19 PROGRAM MATERIALS FURNISHED AT THE TIME OF PURCHASE. 20 2. 3. The following pages of the disclosure statement shall 21 contain all of the following in the order stated: 22 a. The name, principal occupation, and address of every 23 director, partner, or controlling person of the membership 24 camping operator. 25 b. A brief description of the nature of the purchaser’s 26 right or license to use the campground and the facilities which 27 are to be available for use by purchasers. 28 c. A brief description of the membership camping operator’s 29 experience in the membership camping business, including the 30 length of time the operator has been in the membership camping 31 business. 32 d. The location of each of the campgrounds which is to be 33 available for use by purchasers and a brief description of the 34 facilities at each campground which are currently available for 35 -85- LSB 1950HC (23) 85 lh/rj 85/ 159
H.F. _____ use by purchasers. Facilities which are planned, incomplete, 1 or not yet available for use shall be clearly identified 2 as incomplete or unavailable. A brief description of any 3 facilities that are or will be available to nonpurchasers shall 4 also be provided. The description shall include, but need 5 not be limited to, the number of campsites in each park, the 6 number of campsites in each park with full or partial hookups, 7 swimming pools, tennis courts, recreation buildings, restrooms 8 and showers, laundry rooms, trading posts, and grocery stores. 9 e. The fees and charges that purchasers are or may 10 be required to pay for the use of the campground or any 11 facilities. 12 f. Any initial or special fee due from the purchaser, 13 together with a description of the purpose and method of 14 calculating the fee. 15 g. The extent to which financial arrangements, if any, have 16 been provided for the completion of facilities, together with 17 a statement of the membership camping operator’s obligation 18 to complete planned facilities. The statement shall include 19 a description of any restrictions or limitations on the 20 membership camping operator’s obligation to begin or to 21 complete the facilities. 22 h. The names of the managing entity, if any, and the 23 significant terms of any management contract, including but 24 not limited to, the circumstances under which the membership 25 camping operator may terminate the management contract. 26 i. A summary or copy, whether by way of supplement or 27 otherwise, of the rules, restrictions, or covenants regulating 28 the purchaser’s use of the campground and the facilities 29 which are to be available for use by the purchaser, including 30 a statement of whether and how the rules, restrictions, or 31 covenants may be changed. 32 j. A brief description of the policies covering the 33 availability of camping sites, the availability of reservations 34 and the conditions under which they are made. 35 -86- LSB 1950HC (23) 85 lh/rj 86/ 159
H.F. _____ k. A brief description of any grounds for forfeiture of a 1 purchaser’s membership camping contract. 2 l. A statement of whether the membership camping operator 3 has the right to withdraw permanently from use, all or any 4 portion of any campground devoted to membership camping and, 5 if so, the conditions under which the withdrawal is to be 6 permitted. 7 m. A statement describing the material terms and conditions 8 of any reciprocal program to be available to the purchaser, 9 including a statement concerning whether the purchaser’s 10 participation in any reciprocal program is dependent on the 11 continued affiliation of the membership camping operator with 12 that reciprocal program and whether the membership camping 13 operator reserves the right to terminate such affiliation. 14 n. As to all memberships offered by the membership camping 15 operator at each campground, all of the following: 16 (1) The form of membership offered. 17 (2) The types of duration of membership along with a 18 summary of the major privileges, restrictions, and limitations 19 applicable to each type. 20 (3) Provisions that have been made for public utilities 21 at each campsite including water, electricity, telephone, and 22 sewage facilities. 23 o. A statement of the assistance, if any, that the 24 membership camping operator will provide to the purchaser in 25 the resale of membership camping contracts and a detailed 26 description of how any such resale program is operated. 27 p. The following statement, printed in boldface type of a 28 minimum size of ten points: 29 REGISTRATION OF THE MEMBERSHIP CAMPING OPERATOR WITH THE IOWA 30 ATTORNEY GENERAL DOES NOT CONSTITUTE AN APPROVAL OR ENDORSEMENT 31 BY THE ATTORNEY GENERAL OF THE MEMBERSHIP CAMPING OPERATOR, THE 32 MEMBERSHIP CAMPING CONTRACT, OR THE CAMPGROUND. 33 4. The membership camping operator shall promptly amend the 34 disclosure statement to reflect any material change and shall 35 -87- LSB 1950HC (23) 85 lh/rj 87/ 159
H.F. _____ promptly file any such amendments with the attorney general. 1 Sec. 178. Section 562A.15, subsections 1 and 2, Code 2013, 2 are amended to read as follows: 3 1. a. The landlord shall: 4 a. (1) Comply with the requirements of applicable building 5 and housing codes materially affecting health and safety. 6 b. (2) Make all repairs and do whatever is necessary to put 7 and keep the premises in a fit and habitable condition. 8 c. (3) Keep all common areas of the premises in a clean 9 and safe condition. The landlord shall not be liable for any 10 injury caused by any objects or materials which belong to or 11 which have been placed by a tenant in the common areas of the 12 premises used by the tenant. 13 d. (4) Maintain in good and safe working order and 14 condition all electrical, plumbing, sanitary, heating, 15 ventilating, air-conditioning, and other facilities and 16 appliances, including elevators, supplied or required to be 17 supplied by the landlord. 18 e. (5) Provide and maintain appropriate receptacles and 19 conveniences, accessible to all tenants, for the central 20 collection and removal of ashes, garbage, rubbish, and other 21 waste incidental to the occupancy of the dwelling unit and 22 arrange for their removal. 23 f. (6) Supply running water and reasonable amounts of 24 hot water at all times and reasonable heat, except where the 25 building that includes the dwelling unit is not required by 26 law to be equipped for that purpose, or the dwelling unit 27 is so constructed that heat or hot water is generated by an 28 installation within the exclusive control of the tenant and 29 supplied by a direct public utility connection. 30 b. If the duty imposed by paragraph “a” , subparagraph 31 (1), of this subsection is greater than a duty imposed by 32 another subparagraph of paragraph “a” of this subsection , the 33 landlord’s duty shall be determined by reference to paragraph 34 “a” , subparagraph (1) of this subsection . 35 -88- LSB 1950HC (23) 85 lh/rj 88/ 159
H.F. _____ 2. The landlord and tenant of a single family residence may 1 agree in writing that the tenant perform the landlord’s duties 2 specified in paragraphs “e” and “f” of subsection 1 , paragraph 3 “a” , subparagraphs (5) and (6), and also specified repairs, 4 maintenance tasks, alterations, and remodeling, but only if the 5 transaction is entered into in good faith. 6 Sec. 179. Section 562A.27A, subsection 3, Code 2013, is 7 amended to read as follows: 8 3. a. This section shall not apply to a tenant if the 9 activities causing the clear and present danger, as defined 10 in subsection 2 , are conducted by a person on the premises 11 other than the tenant and the tenant takes at least one of 12 the following measures against the person conducting the 13 activities: 14 a. (1) The tenant seeks a protective order, restraining 15 order, order to vacate the homestead, or other similar relief 16 pursuant to chapter 236 , 598 , 664A , or 915 , or any other 17 applicable provision which would apply to the person conducting 18 the activities causing the clear and present danger. 19 b. (2) The tenant reports the activities causing the clear 20 and present danger to a law enforcement agency or the county 21 attorney in an effort to initiate a criminal action against the 22 person conducting the activities. 23 c. (3) The tenant writes a letter to the person conducting 24 the activities causing the clear and present danger, telling 25 the person not to return to the premises and that a return to 26 the premises may result in a trespass or other action against 27 the person, and the tenant sends a copy of the letter to a law 28 enforcement agency whose jurisdiction includes the premises. 29 If the tenant has previously written a letter to the person 30 as provided in this paragraph subparagraph , without taking an 31 action specified in paragraph “a” subparagraph (1) or “b” (2) 32 or filing a trespass or other action, and the person to whom 33 the letter was sent conducts further activities causing a clear 34 and present danger, the tenant must take one of the actions 35 -89- LSB 1950HC (23) 85 lh/rj 89/ 159
H.F. _____ specified in paragraph “a” subparagraph (1) or “b” (2) to be 1 exempt from proceedings pursuant to subsection 1 . 2 b. However, in order to fall within the exemptions provided 3 within this subsection , the tenant must provide written proof 4 to the landlord, prior to the commencement of a suit against 5 the tenant, that the tenant has taken one of the measures 6 specified in paragraphs paragraph “a” , subparagraphs (1) 7 through “c” (3) . 8 Sec. 180. Section 562B.11, subsection 2, Code 2013, is 9 amended to read as follows: 10 2. A provision prohibited by subsection 1 of this section 11 included in a rental agreement is unenforceable. If a landlord 12 or tenant knowingly uses a rental agreement containing 13 provisions known to be prohibited by this chapter , the other 14 party may recover actual damages sustained. 15 3. Nothing in this chapter shall prohibit a rental agreement 16 from requiring a tenant to maintain liability insurance which 17 names the landlord as an insured as relates to the mobile home 18 space rented by the tenant. 19 Sec. 181. Section 562B.25A, subsection 3, Code 2013, is 20 amended to read as follows: 21 3. a. This section shall not apply to a tenant if the 22 activities causing the clear and present danger, as defined 23 in subsection 2 , are conducted by a person on the premises 24 other than the tenant and the tenant takes at least one of 25 the following measures against the person conducting the 26 activities: 27 a. (1) The tenant seeks a protective order, restraining 28 order, order to vacate the homestead, or other similar relief 29 pursuant to chapter 236 , 598 , 664A , or 915 , or any other 30 applicable provision which would apply to the person conducting 31 the activities causing the clear and present danger. 32 b. (2) The tenant reports the activities causing the clear 33 and present danger to a law enforcement agency or the county 34 attorney in an effort to initiate a criminal action against the 35 -90- LSB 1950HC (23) 85 lh/rj 90/ 159
H.F. _____ person conducting the activities. 1 c. (3) The tenant writes a letter to the person conducting 2 the activities causing the clear and present danger, telling 3 the person not to return to the premises and that a return to 4 the premises may result in a trespass or other action against 5 the person, and the tenant sends a copy of the letter to a law 6 enforcement agency whose jurisdiction includes the premises. 7 If the tenant has previously written a letter to the person 8 as provided in this paragraph subparagraph , without taking an 9 action specified in paragraph “a” subparagraph (1) or “b” (2) 10 or filing a trespass or other action, and the person to whom 11 the letter was sent conducts further activities causing a clear 12 and present danger, the tenant must take one of the actions 13 specified in paragraph “a” subparagraph (1) or “b” (2) to be 14 exempt from proceedings pursuant to subsection 1 . 15 b. However, in order to fall within the exemptions provided 16 within this subsection , the tenant must provide written proof 17 to the landlord, prior to the commencement of a suit against 18 the tenant, that the tenant has taken one of the measures 19 specified in paragraphs paragraph “a” , subparagraphs (1) 20 through “c” (3) . 21 Sec. 182. Section 585.3, Code 2013, is amended to read as 22 follows: 23 585.3 Caption of publication. 24 1. The publication required by this chapter shall be made 25 under the following caption or heading, to wit: 26 Proposed bill for the legalization of the proceedings of 27 (name of official body). 28 2. If the proposed bill be for the legalization of the bonds 29 or warrants of the public corporation, the caption shall be 30 modified accordingly. 31 Sec. 183. Section 600.16A, subsection 3, Code 2013, is 32 amended to read as follows: 33 3. a. In addition to other procedures by which adoption 34 records may be opened under this section , if both of the 35 -91- LSB 1950HC (23) 85 lh/rj 91/ 159
H.F. _____ following conditions are met, the department, the clerk of 1 court, or the agency which made the placement shall open the 2 adoption record for inspection and shall reveal the identity 3 of the biological parents to the adult adopted child or the 4 identity of the adult adopted child to the biological parents: 5 a. (1) A biological parent has placed in the adoption 6 record written consent to revelation of the biological parent’s 7 identity to the adopted child at an age specified by the 8 biological parent, upon request of the adopted child. 9 b. (2) An adult adopted child has placed in the adoption 10 record written consent to revelation of the identity of the 11 adult adopted child to a biological parent. 12 b. A person who has placed in the adoption record written 13 consent pursuant to paragraph “a” , subparagraph (1) or “b” 14 of this subsection (2) may withdraw the consent at any time 15 by placing a written withdrawal of consent statement in the 16 adoption record. 17 c. Notwithstanding the provisions of this subsection , if 18 the adult adopted person has a sibling who is a minor and who 19 has also been adopted by the same parents, the department, the 20 clerk of court, or the agency which made the placement may 21 deny the request of either the adult adopted person or the 22 biological parent to open the adoption records and to reveal 23 the identities of the parties pending determination by the 24 juvenile court or court that there is good cause to open the 25 records pursuant to subsection 2 . 26 Sec. 184. Section 602.1606, Code 2013, is amended to read 27 as follows: 28 602.1606 Judicial officer disqualified. 29 1. A judicial officer is disqualified from acting in a 30 proceeding, except upon the consent of all of the parties, if 31 any of the following circumstances exists: 32 1. a. The judicial officer has a personal bias or 33 prejudice concerning a party, or personal knowledge of disputed 34 evidentiary facts concerning the proceeding. 35 -92- LSB 1950HC (23) 85 lh/rj 92/ 159
H.F. _____ 2. b. The judicial officer served as a lawyer in the matter 1 in controversy, or a lawyer with whom the judicial officer 2 previously practiced law served during that association as a 3 lawyer concerning the matter, or the judicial officer or such 4 lawyer has been a material witness concerning the matter. 5 3. c. The judicial officer knows that the officer, 6 individually or as a fiduciary, or the officer’s spouse or a 7 person related to either of them by consanguinity or affinity 8 within the third degree or the spouse of such a person has a 9 financial interest in the subject matter in controversy or in a 10 party to the proceeding, or has any other interest that could 11 be substantially affected by the outcome of the proceeding. 12 4. d. The judicial officer or the officer’s spouse, or a 13 person related to either of them by consanguinity or affinity 14 within the third degree or the spouse of such a person, is a 15 party to the proceeding, or an officer, director, or trustee 16 of a party, or is acting as a lawyer in the proceeding, or is 17 known by the judicial officer to have an interest that could be 18 substantially affected by the outcome of the proceeding, or is, 19 to the judicial officer’s knowledge, likely to be a material 20 witness in the proceeding. 21 2. A judicial officer shall disclose to all parties in a 22 proceeding any existing circumstances in subsections subsection 23 1 , paragraphs “a” through 4 “d” , before the parties consent to 24 the judicial officer’s presiding in the proceeding. 25 Sec. 185. Section 607A.22, Code 2013, is amended to read as 26 follows: 27 607A.22 Use of source lists —— information provided. 28 1. The appointive jury commission or the jury manager shall 29 use both of the following source lists in preparing grand and 30 petit jury lists: 31 1. a. The current voter registration list. 32 2. b. The current motor vehicle operators list. 33 2. The appointive jury commission or the jury manager may 34 use any other current comprehensive list of persons residing in 35 -93- LSB 1950HC (23) 85 lh/rj 93/ 159
H.F. _____ the county, including but not limited to the lists of public 1 utility customers, which the appointive jury commission or 2 jury manager determines are useable for the purpose of a juror 3 source list. 4 3. The applicable state and local government officials 5 shall furnish, upon request, the appointive jury commission or 6 jury manager with copies of lists necessary for the formulation 7 of source lists at no cost to the commission, manager, or 8 county. 9 4. The jury manager or jury commission may request 10 a consolidated source list. A consolidated source list 11 contains all the names and addresses found in either the voter 12 registration list or the motor vehicle operators list, but does 13 not duplicate an individual’s name within the consolidated 14 list. State officials shall cooperate with one another 15 to prepare consolidated lists. The jury manager or jury 16 commission may further request that only a randomly chosen 17 portion of the consolidated list be prepared which may consist 18 of either a certain number of names or a certain percentage of 19 all the names in the consolidated list, as specified by the 20 jury manager or jury commission. 21 Sec. 186. Section 607A.27, Code 2013, is amended to read as 22 follows: 23 607A.27 Preparation for drawing of panels. 24 1. The names entered upon the appointive jury commission’s 25 or jury manager’s lists and deposited in the office of the 26 clerk or jury manager constitute the grand and petit master 27 lists, from which grand and petit jurors shall be drawn. 28 2. Within ten days after the lists are deposited in the 29 office of the clerk or jury manager, the clerk or jury manager 30 shall do either of the following: 31 1. a. Prepare from the lists separate ballots, uniform in 32 size, shape, and appearance, and folded to conceal information 33 on the ballot. The ballots for grand and petit jurors shall be 34 kept separate and each ballot shall contain the name and place 35 -94- LSB 1950HC (23) 85 lh/rj 94/ 159
H.F. _____ of residence of each prospective juror. 1 2. b. Use electronic data processing equipment for the 2 storage of names of the grand and petit jurors. The numerical 3 division required in section 607A.21 need not be used when a 4 jury wheel is used for the preparation of the lists. 5 Sec. 187. Section 619.19, Code 2013, is amended to read as 6 follows: 7 619.19 Verification not required —— affidavits. 8 1. Pleadings need not be verified unless otherwise required 9 by statute. Where a pleading is verified, it is not necessary 10 that subsequent pleadings be verified unless otherwise required 11 by statute. 12 2. The signature of a party, the party’s legal counsel, or 13 any other person representing the party, to a motion, pleading, 14 or other paper is a certificate that: 15 1. a. The person has read the motion, pleading, or other 16 paper. 17 2. b. To the best of the person’s knowledge, information, 18 and belief, formed after reasonable inquiry, it is grounded in 19 fact and is warranted by existing law or a good faith argument 20 for the extension, modification, or reversal of existing law. 21 3. c. It is not interposed for any improper purpose, such 22 as to harass or cause an unnecessary delay or needless increase 23 in the cost of litigation. 24 3. If a motion, pleading, or other paper is not signed, 25 it shall be stricken unless it is signed promptly after the 26 omission is called to the attention of the pleader or movant. 27 4. If a motion, pleading, or other paper is signed in 28 violation of this section , the court, upon motion or upon its 29 own initiative, shall impose upon the person signing, the 30 represented party, or both, an appropriate sanction, which may 31 include an order to pay the other party or parties the amount 32 of the reasonable expenses incurred because of the filing of 33 the motion, pleading, or other paper, including a reasonable 34 attorney fee. 35 -95- LSB 1950HC (23) 85 lh/rj 95/ 159
H.F. _____ Sec. 188. Section 625A.9, subsection 2, paragraph a, Code 1 2013, is amended to read as follows: 2 a. (1) Except as provided in paragraph “b” , if the judgment 3 or order appealed from is for money, such bond shall not exceed 4 one hundred ten percent of the amount of the money judgment. 5 (2) The court may set a bond in an amount in excess of 6 one hundred ten percent of the amount of the money judgment 7 upon making specific findings justifying such an amount, and 8 in doing so, shall consider, but shall not be limited to 9 consideration of, the following criteria: 10 (1) (a) The availability and cost of the bond or other form 11 of adequate security. 12 (2) (b) The assets of the judgment debtor and of the 13 judgment debtor’s insurer or indemnitor, if any. 14 (3) (c) The potential adverse effects of the bond on the 15 judgment debtor, including, but not limited to, the potential 16 adverse effects on the judgment debtor’s employees, financial 17 stability, and business operations. 18 (4) (d) The potential adverse effects of the bond on the 19 judgment creditor and third parties, including public entities. 20 (5) (e) In a class action suit, the adequacy of the bond to 21 compensate all members of the class. 22 Sec. 189. Section 627.6, subsection 6, Code 2013, is amended 23 to read as follows: 24 6. The interest of an individual in any accrued dividend 25 or interest, loan or cash surrender value of, or any other 26 interest in a life insurance policy owned by the individual 27 if the beneficiary of the policy is the individual’s spouse, 28 child, or dependent. However, the amount of the exemption 29 shall not exceed ten thousand dollars in the aggregate of any 30 interest or value in insurance acquired within two years of 31 the date execution is issued or exemptions are claimed, or 32 for additions within the same time period to a prior existing 33 policy which additions are in excess of the amount necessary to 34 fund the amount of face value coverage of the policies for the 35 -96- LSB 1950HC (23) 85 lh/rj 96/ 159
H.F. _____ two-year period. For purposes of this unnumbered paragraph, 1 acquisitions shall not include such interest in new policies 2 used to replace prior policies to the extent of any accrued 3 dividend or interest, loan or cash surrender value of, or any 4 other interest in the prior policies at the time of their 5 cancellation. 6 a. In the absence of a written agreement or assignment to 7 the contrary, upon the death of the insured any benefit payable 8 to the spouse, child, or dependent of the individual under a 9 life insurance policy shall inure to the separate use of the 10 beneficiary independently of the insured’s creditors. 11 b. A benefit or indemnity paid under an accident, health, or 12 disability insurance policy is exempt to the insured or in case 13 of the insured’s death to the spouse, child, or dependent of 14 the insured, from the insured’s debts. 15 c. In case of an insured’s death the avails of all matured 16 policies of life, accident, health, or disability insurance 17 payable to the surviving spouse, child, or dependent are exempt 18 from liability for all debts of the beneficiary contracted 19 prior to death of the insured, but the amount thus exempted 20 shall not exceed fifteen thousand dollars in the aggregate. 21 Sec. 190. Section 627.6, subsection 8, paragraph f, Code 22 2013, is amended to read as follows: 23 f. (1) Contributions and assets, including the accumulated 24 earnings and market increases in value, in any of the plans or 25 contracts as follows: 26 (1) (a) All transfers, in any amount, from a trust forming 27 part of a stock, bonus, pension, or profit-sharing plan of an 28 employer defined in section 401(a) of the Internal Revenue Code 29 and of which the trust assets are exempt from taxation under 30 section 501(a) of the Internal Revenue Code and covered by 31 the Employee Retirement Income Security Act of 1974 (ERISA), 32 as codified at 29 U.S.C. § 1001 et seq., to either of the 33 following: 34 (a) (i) A succeeding trust authorized under federal law on 35 -97- LSB 1950HC (23) 85 lh/rj 97/ 159
H.F. _____ or after April 25, 2001. 1 (b) (ii) An individual retirement account or individual 2 retirement annuity established under section 408(d)(3) of the 3 Internal Revenue Code, from which the total value, including 4 accumulated earnings and market increases in value, may be 5 contributed to a succeeding trust authorized under federal law 6 on or after April 25, 2001. For purposes of this subparagraph 7 division , transfers, in any amount, from an individual 8 retirement account or individual retirement annuity established 9 under section 408(d)(3) of the Internal Revenue Code to an 10 individual retirement account or individual retirement annuity 11 established under section 408(d)(3) of the Internal Revenue 12 Code, or an individual retirement account established under 13 section 408(a) of the Internal Revenue Code, or an individual 14 retirement annuity established under section 408(b) of the 15 Internal Revenue Code, or a Roth individual retirement account, 16 or a Roth individual retirement annuity established under 17 section 408A of the Internal Revenue Code are exempt. 18 (2) (b) (i) All transfers, in any amount, from an 19 eligible retirement plan to an individual retirement account, 20 an individual retirement annuity, a Roth individual retirement 21 account, or a Roth individual retirement annuity established 22 under section 408A of the Internal Revenue Code shall be exempt 23 from execution and from the claims of creditors. 24 (ii) As used in this subparagraph division , “eligible 25 retirement plan” means the funds or assets in any retirement 26 plan established under state or federal law that meet all of 27 the following requirements: 28 (a) (A) Can be transferred to an individual retirement 29 account or individual retirement annuity established under 30 sections 408(a) and 408(b) of the Internal Revenue Code or Roth 31 individual retirement accounts and Roth individual retirement 32 annuities established under section 408A of the Internal 33 Revenue Code. 34 (b) (B) Are either exempt from execution under state or 35 -98- LSB 1950HC (23) 85 lh/rj 98/ 159
H.F. _____ federal law or are excluded from a bankruptcy estate under 11 1 U.S.C. § 541(c)(2) et seq. 2 (3) (c) Retirement plans established pursuant to qualified 3 domestic relations orders, as defined in 26 U.S.C. § 414. 4 However, nothing in this section shall be construed as making 5 any retirement plan exempt from the claims of the beneficiary 6 of a qualified domestic relations order or from claims for 7 child support or alimony. 8 (4) (d) For simplified employee pension plans, 9 self-employed pension plans (also known as Keogh plans or 10 H.R. 10 plans), individual retirement accounts established 11 under section 408(a) of the Internal Revenue Code, individual 12 retirement annuities established under section 408(b) of the 13 Internal Revenue Code, savings incentive matched plans for 14 employees, salary reduction simplified employee pension plans 15 (also known as SARSEPs), and similar plans for retirement 16 investments authorized in the future under federal law, the 17 exemption for contributions shall not exceed, for each tax 18 year of contributions, the actual amount of the contribution 19 deducted on the debtor’s tax return or the maximum amount 20 which could be contributed to an individual retirement account 21 established under section 408(a) of the Internal Revenue Code 22 and deducted in the tax year of the contribution, whichever 23 is less. The exemption for accumulated earnings and market 24 increases in value of plans under this subparagraph division 25 shall be limited to an amount determined by multiplying all 26 the accumulated earnings and market increases in value by a 27 fraction, the numerator of which is the total amount of exempt 28 contributions as determined by this subparagraph division , and 29 the denominator of which is the total of exempt and nonexempt 30 contributions to the plan. 31 (5) (e) For Roth individual retirement accounts and Roth 32 individual retirement annuities established under section 408A 33 of the Internal Revenue Code and similar plans for retirement 34 investments authorized in the future under federal law, the 35 -99- LSB 1950HC (23) 85 lh/rj 99/ 159
H.F. _____ exemption for contributions shall not exceed, for each tax year 1 of contributions, the actual amount of the contribution or the 2 maximum amount which federal law allows to be contributed to 3 such plans. The exemption for accumulated earnings and market 4 increases in value of plans under this subparagraph division 5 shall be limited to an amount determined by multiplying all of 6 the accumulated earnings and market increases in value by a 7 fraction, the numerator of which is the total amount of exempt 8 contributions as determined by this subparagraph division , and 9 the denominator of which is the total of exempt and nonexempt 10 contributions to the plan. 11 (6) (f) For all contributions to plans described in 12 subparagraphs (4) subparagraph divisions (d) and (5) (e) , the 13 maximum contribution in each of the two tax years preceding 14 the claim of exemption or filing of a bankruptcy shall be 15 limited to the maximum deductible contribution to an individual 16 retirement account established under section 408(a) of the 17 Internal Revenue Code, regardless of which plan for retirement 18 investment has been chosen by the debtor. 19 (7) (g) Exempt assets transferred from any individual 20 retirement account, individual retirement annuity, Roth 21 individual retirement account, or Roth individual retirement 22 annuity to any other individual retirement account, individual 23 retirement annuity, Roth individual retirement annuity, 24 or Roth individual retirement account established under 25 section 408A of the Internal Revenue Code shall continue 26 to be exempt regardless of the number of times transferred 27 between individual retirement accounts, individual retirement 28 annuities, Roth individual retirement annuities, or Roth 29 individual retirement accounts. 30 (2) For purposes of this paragraph “f” , “market increases in 31 value” shall include, but shall not be limited to, dividends, 32 stock splits, interest, and appreciation. “Contributions” means 33 contributions by the debtor and by the debtor’s employer. 34 Sec. 191. Section 633.197, Code 2013, is amended to read as 35 -100- LSB 1950HC (23) 85 lh/rj 100/ 159
H.F. _____ follows: 1 633.197 Compensation. 2 1. Personal representatives shall be allowed such 3 reasonable fees as may be determined by the court for services 4 rendered, but not in excess of the following commissions upon 5 the gross assets of the estate listed in the probate inventory, 6 which shall be received as full compensation for all ordinary 7 services: 8 a. For the first one thousand dollars, six percent ; . 9 b. For the overplus between one and five thousand dollars, 10 four percent ; . 11 c. For all sums over five thousand dollars, two percent. 12 2. For purposes of this section , the gross assets of the 13 estate shall not include life insurance proceeds, unless 14 payable to the decedent’s estate. 15 Sec. 192. Section 633.228, Code 2013, is amended to read as 16 follows: 17 633.228 Time allowed. 18 1. To file such petition, there shall be allowed, commencing 19 with the death of the decedent: 20 1. a. To the surviving spouse, a period of twenty days ; . 21 2. b. To each other class in succession, a period of ten 22 days. 23 2. The period allowed each class shall be advanced to the 24 period allowed the preceding class if there is no member of 25 such preceding class. Any member of any class may file such 26 petition after the expiration of the period allowed to the 27 member if letters have not been issued prior thereto. 28 Sec. 193. Section 633.290, Code 2013, is amended to read as 29 follows: 30 633.290 Petition for probate of will. 31 1. At the time the will of a decedent is filed with the 32 clerk, or thereafter, any interested person may file a verified 33 petition in the district court of the proper county: 34 1. a. To have the will admitted to probate ; . 35 -101- LSB 1950HC (23) 85 lh/rj 101/ 159
H.F. _____ 2. b. For the appointment of the executor. 1 2. A petition for probate may be combined with a petition 2 for appointment of the executor, and any person interested 3 in either the probate of a will or in the appointment of the 4 executor, may petition for both. 5 Sec. 194. Section 633A.3107, subsection 2, unnumbered 6 paragraph 2, Code 2013, is amended to read as follows: 7 3. For the purposes of this section , “relative of the 8 settlor’s spouse” means a person who is related to the divorced 9 settlor’s former spouse by blood, adoption, or affinity, and 10 who, subsequent to the divorce or dissolution of marriage, 11 ceased to be related to the settlor by blood, adoption, or 12 affinity. 13 Sec. 195. Section 654.12A, Code 2013, is amended to read as 14 follows: 15 654.12A Priority of advances under mortgages. 16 1. Subject to section 572.18 , if a prior recorded mortgage 17 contains the notice prescribed in this section and identifies 18 the maximum credit available to the borrower, then loans and 19 advances made under the mortgage, up to the maximum amount 20 of credit together with interest thereon, are senior to 21 indebtedness to other creditors under subsequently recorded 22 mortgages and other subsequently recorded or filed liens even 23 though the holder of the prior recorded mortgage has actual 24 notice of indebtedness under a subsequently recorded mortgage 25 or other subsequently recorded or filed lien. So long as 26 credit is available to the borrower, payment of the outstanding 27 mortgage balance to zero shall not extinguish the prior 28 recorded mortgage if it contains the notice prescribed by this 29 section . The notice prescribed by this section for the prior 30 recorded mortgage is as follows: 31 NOTICE: This mortgage secures credit in the amount of 32 ...... . Loans and advances up to this amount, together with 33 interest, are senior to indebtedness to other creditors under 34 subsequently recorded or filed mortgages and liens. 35 -102- LSB 1950HC (23) 85 lh/rj 102/ 159
H.F. _____ 2. However, the priority of a prior recorded mortgage 1 under this section does not apply to loans or advances made 2 after receipt of notice of foreclosure or action to enforce a 3 subsequently recorded mortgage or other subsequently recorded 4 or filed lien. 5 Sec. 196. Section 654.20, Code 2013, is amended to read as 6 follows: 7 654.20 Foreclosure without redemption —— nonagricultural 8 land. 9 1. If the mortgaged property is not used for an agricultural 10 purpose as defined in section 535.13 , the plaintiff in an 11 action to foreclose a real estate mortgage may include in the 12 petition an election for foreclosure without redemption. The 13 election is effective only if the first page of the petition 14 contains the following notice in capital letters of the same 15 type or print size as the rest of the petition: 16 NOTICE 17 THE PLAINTIFF HAS ELECTED FORECLOSURE WITHOUT REDEMPTION. 18 THIS MEANS THAT THE SALE OF THE MORTGAGED PROPERTY WILL OCCUR 19 PROMPTLY AFTER ENTRY OF JUDGMENT UNLESS YOU FILE WITH THE COURT 20 A WRITTEN DEMAND TO DELAY THE SALE. IF YOU FILE A WRITTEN 21 DEMAND, THE SALE WILL BE DELAYED UNTIL TWELVE MONTHS (or 22 SIX MONTHS if the petition includes a waiver of deficiency 23 judgment) FROM ENTRY OF JUDGMENT IF THE MORTGAGED PROPERTY 24 IS YOUR RESIDENCE AND IS A ONE-FAMILY OR TWO-FAMILY DWELLING 25 OR UNTIL TWO MONTHS FROM ENTRY OF JUDGMENT IF THE MORTGAGED 26 PROPERTY IS NOT YOUR RESIDENCE OR IS YOUR RESIDENCE BUT NOT A 27 ONE-FAMILY OR TWO-FAMILY DWELLING. YOU WILL HAVE NO RIGHT OF 28 REDEMPTION AFTER THE SALE. THE PURCHASER AT THE SALE WILL BE 29 ENTITLED TO IMMEDIATE POSSESSION OF THE MORTGAGED PROPERTY. 30 YOU MAY PURCHASE AT THE SALE. 31 2. If the plaintiff has not included in the petition a 32 waiver of deficiency judgment, then the notice shall include 33 the following: 34 IF YOU DO NOT FILE A WRITTEN DEMAND TO DELAY THE SALE AND IF 35 -103- LSB 1950HC (23) 85 lh/rj 103/ 159
H.F. _____ THE MORTGAGED PROPERTY IS YOUR RESIDENCE AND IS A ONE-FAMILY 1 OR TWO-FAMILY DWELLING, THEN A DEFICIENCY JUDGMENT WILL NOT BE 2 ENTERED AGAINST YOU. IF YOU DO FILE A WRITTEN DEMAND TO DELAY 3 THE SALE, THEN A DEFICIENCY JUDGMENT MAY BE ENTERED AGAINST YOU 4 IF THE PROCEEDS FROM THE SALE OF THE MORTGAGED PROPERTY ARE 5 INSUFFICIENT TO SATISFY THE AMOUNT OF THE MORTGAGE DEBT AND 6 COSTS. 7 IF THE MORTGAGED PROPERTY IS NOT YOUR RESIDENCE OR IS NOT A 8 ONE-FAMILY OR TWO-FAMILY DWELLING, THEN A DEFICIENCY JUDGMENT 9 MAY BE ENTERED AGAINST YOU WHETHER OR NOT YOU FILE A WRITTEN 10 DEMAND TO DELAY THE SALE. 11 3. If the election for foreclosure without redemption is 12 made, then sections 654.21 through 654.26 apply. 13 Sec. 197. Section 670.4, Code 2013, is amended to read as 14 follows: 15 670.4 Claims exempted. 16 1. The liability imposed by section 670.2 shall have no 17 application to any claim enumerated in this section . As to any 18 such claim, a municipality shall be liable only to the extent 19 liability may be imposed by the express statute dealing with 20 such claims and, in the absence of such express statute, the 21 municipality shall be immune from liability. 22 1. a. Any claim by an employee of the municipality which is 23 covered by the Iowa workers’ compensation law. 24 2. b. Any claim in connection with the assessment or 25 collection of taxes. 26 3. c. Any claim based upon an act or omission of an officer 27 or employee of the municipality, exercising due care, in the 28 execution of a statute, ordinance, or regulation whether the 29 statute, ordinance or regulation is valid, or based upon the 30 exercise or performance or the failure to exercise or perform a 31 discretionary function or duty on the part of the municipality 32 or an officer or employee of the municipality, whether or not 33 the discretion is abused. 34 4. d. Any claim against a municipality as to which the 35 -104- LSB 1950HC (23) 85 lh/rj 104/ 159
H.F. _____ municipality is immune from liability by the provisions of any 1 other statute or where the action based upon such claim has 2 been barred or abated by operation of statute or rule of civil 3 procedure. 4 5. e. Any claim for punitive damages. 5 6. f. Any claim for damages caused by a municipality’s 6 failure to discover a latent defect in the course of an 7 inspection. 8 7. g. Any claim based upon or arising out of a claim 9 of negligent design or specification, negligent adoption 10 of design or specification, or negligent construction or 11 reconstruction of a highway, secondary road, or street as 12 defined in section 321.1, subsection 78 , that was constructed 13 or reconstructed in accordance with a generally recognized 14 engineering or safety standard, criteria, or design theory in 15 existence at the time of the construction or reconstruction. A 16 claim under this chapter shall not be allowed for failure to 17 upgrade, improve, or alter any aspect of an existing highway, 18 secondary road, or street, to new, changed, or altered design 19 standards. In respect to highways and roads, sealcoating, 20 asphalting, patching, resurfacing, ditching, draining, 21 repairing, graveling, rocking, blading, or maintaining an 22 existing highway or road does not constitute reconstruction. 23 This subsection paragraph shall not apply to claims based upon 24 gross negligence. 25 8. h. Any claim based upon or arising out of a claim of 26 negligent design or specification, negligent adoption of design 27 or specification, or negligent construction or reconstruction 28 of a public improvement as defined in section 384.37, 29 subsection 19 , or other public facility that was constructed 30 or reconstructed in accordance with a generally recognized 31 engineering or safety standard, criteria, or design theory in 32 existence at the time of the construction or reconstruction. A 33 claim under this chapter shall not be allowed for failure to 34 upgrade, improve, or alter any aspect of an existing public 35 -105- LSB 1950HC (23) 85 lh/rj 105/ 159
H.F. _____ improvement or other public facility to new, changed, or 1 altered design standards. This subsection paragraph shall not 2 apply to claims based upon gross negligence. This subsection 3 paragraph takes effect July 1, 1984, and applies to all cases 4 tried or retried on or after July 1, 1984. 5 9. i. Any claim based upon an act or omission by an officer 6 or employee of the municipality or the municipality’s governing 7 body, in the granting, suspension, or revocation of a license 8 or permit, where the damage was caused by the person to whom 9 the license or permit was issued, unless the act of the officer 10 or employee constitutes actual malice or a criminal offense. 11 10. j. Any claim based upon an act or omission of an 12 officer or employee of the municipality, whether by issuance of 13 permit, inspection, investigation, or otherwise, and whether 14 the statute, ordinance, or regulation is valid, if the damage 15 was caused by a third party, event, or property not under the 16 supervision or control of the municipality, unless the act or 17 omission of the officer or employee constitutes actual malice 18 or a criminal offense. 19 11. k. A claim based upon or arising out of an act or 20 omission in connection with an emergency response including but 21 not limited to acts or omissions in connection with emergency 22 response communications services. 23 12. l. A claim relating to a swimming pool or spa as 24 defined in section 135I.1 which has been inspected by a 25 municipality or the state in accordance with chapter 135I , 26 or a swimming pool or spa inspection program which has been 27 certified by the state in accordance with that chapter, whether 28 or not owned or operated by a municipality, unless the claim is 29 based upon an act or omission of an officer or employee of the 30 municipality and the act or omission constitutes actual malice 31 or a criminal offense. 32 13. m. A claim based on an act or omission by a county or 33 city pursuant to section 717.2A or chapter 717B relating to 34 either of the following: 35 -106- LSB 1950HC (23) 85 lh/rj 106/ 159
H.F. _____ a. (1) Rescuing neglected livestock or another animal by a 1 law enforcement officer. 2 b. (2) Maintaining or disposing of neglected livestock or 3 another animal by a county or city. 4 14. n. Any claim based upon or arising out of a claim of 5 negligent design or specification, negligent adoption of design 6 or specification, or negligent construction or reconstruction 7 of a public facility designed for purposes of skateboarding, 8 in-line skating, bicycling, unicycling, scootering, river 9 rafting, canoeing, or kayaking that was constructed or 10 reconstructed, reasonably and in good faith, in accordance 11 with generally recognized engineering or safety standards or 12 design theories in existence at the time of the construction 13 or reconstruction. 14 15. o. Any claim based upon or arising out of an act or 15 omission of an officer or employee of the municipality or 16 the municipality’s governing body by a person skateboarding, 17 in-line skating, bicycling, unicycling, scootering, river 18 rafting, canoeing, or kayaking on public property when 19 the person knew or reasonably should have known that the 20 skateboarding, in-line skating, bicycling, unicycling, 21 scootering, river rafting, canoeing, or kayaking created a 22 substantial risk of injury to the person and was voluntarily 23 in the place of risk. The exemption from liability contained 24 in this subsection paragraph shall only apply to claims for 25 injuries or damage resulting from the risks inherent in the 26 activities of skateboarding, in-line skating, bicycling, 27 unicycling, scootering, river rafting, canoeing, or kayaking. 28 2. The remedy against the municipality provided by section 29 670.2 shall hereafter be exclusive of any other civil action 30 or proceeding by reason of the same subject matter against the 31 officer, employee or agent whose act or omission gave rise to 32 the claim, or the officer’s, employee’s, or agent’s estate. 33 3. This section does not expand any existing cause of action 34 or create any new cause of action against a municipality. 35 -107- LSB 1950HC (23) 85 lh/rj 107/ 159
H.F. _____ Sec. 198. Section 704.2, Code 2013, is amended to read as 1 follows: 2 704.2 Deadly force. 3 1. The term “deadly force” means any of the following: 4 1. a. Force used for the purpose of causing serious injury. 5 2. b. Force which the actor knows or reasonably should 6 know will create a strong probability that serious injury will 7 result. 8 3. c. The discharge of a firearm, other than a firearm 9 loaded with less lethal munitions and discharged by a peace 10 officer, corrections officer, or corrections official in 11 the line of duty, in the direction of some person with the 12 knowledge of the person’s presence there, even though no intent 13 to inflict serious physical injury can be shown. 14 4. d. The discharge of a firearm, other than a firearm 15 loaded with less lethal munitions and discharged by a peace 16 officer, corrections officer, or corrections official in the 17 line of duty, at a vehicle in which a person is known to be. 18 2. As used in this section , “less lethal munitions” 19 means projectiles which are designed to stun, temporarily 20 incapacitate, or cause temporary discomfort to a person without 21 penetrating the person’s body. 22 Sec. 199. Section 706.3, Code 2013, is amended to read as 23 follows: 24 706.3 Penalties. 25 1. A person who commits a conspiracy to commit a forcible 26 felony is guilty of a class “C” felony. 27 2. A person who commits a conspiracy to commit a felony, 28 other than a forcible felony, is guilty of a class “D” felony. 29 3. A person who commits a conspiracy to commit a misdemeanor 30 is guilty of a misdemeanor of the same class. 31 Sec. 200. Section 707.2, Code 2013, is amended to read as 32 follows: 33 707.2 Murder in the first degree. 34 1. A person commits murder in the first degree when the 35 -108- LSB 1950HC (23) 85 lh/rj 108/ 159
H.F. _____ person commits murder under any of the following circumstances: 1 1. a. The person willfully, deliberately, and with 2 premeditation kills another person. 3 2. b. The person kills another person while participating 4 in a forcible felony. 5 3. c. The person kills another person while escaping or 6 attempting to escape from lawful custody. 7 4. d. The person intentionally kills a peace officer, 8 correctional officer, public employee, or hostage while the 9 person is imprisoned in a correctional institution under the 10 jurisdiction of the Iowa department of corrections, or in a 11 city or county jail. 12 5. e. The person kills a child while committing child 13 endangerment under section 726.6, subsection 1 , paragraph “b” , 14 or while committing assault under section 708.1 upon the child, 15 and the death occurs under circumstances manifesting an extreme 16 indifference to human life. 17 6. f. The person kills another person while participating 18 in an act of terrorism as defined in section 708A.1 . 19 2. Murder in the first degree is a class “A” felony. 20 3. For purposes of determining whether a person should 21 register as a sex offender pursuant to the provisions of 22 chapter 692A , the fact finder shall make a determination as 23 provided in section 692A.126 . 24 Sec. 201. Section 707.3, Code 2013, is amended to read as 25 follows: 26 707.3 Murder in the second degree. 27 1. A person commits murder in the second degree when the 28 person commits murder which is not murder in the first degree. 29 2. Murder in the second degree is a class “B” felony. 30 However, notwithstanding section 902.9, subsection 2 1, 31 paragraph “b” , the maximum sentence for a person convicted under 32 this section shall be a period of confinement of not more than 33 fifty years. 34 3. For purposes of determining whether a person should 35 -109- LSB 1950HC (23) 85 lh/rj 109/ 159
H.F. _____ register as a sex offender pursuant to the provisions of 1 chapter 692A , the fact finder shall make a determination as 2 provided in section 692A.126 . 3 Sec. 202. Section 709.4, Code 2013, is amended to read as 4 follows: 5 709.4 Sexual abuse in the third degree. 6 1. A person commits sexual abuse in the third degree when 7 the person performs a sex act under any of the following 8 circumstances: 9 1. a. The act is done by force or against the will of the 10 other person, whether or not the other person is the person’s 11 spouse or is cohabiting with the person. 12 2. b. The act is between persons who are not at the time 13 cohabiting as husband and wife and if any of the following are 14 true: 15 a. (1) The other person is suffering from a mental defect 16 or incapacity which precludes giving consent. 17 b. (2) The other person is twelve or thirteen years of age. 18 c. (3) The other person is fourteen or fifteen years of age 19 and any of the following are true: 20 (1) (a) The person is a member of the same household as the 21 other person. 22 (2) (b) The person is related to the other person by blood 23 or affinity to the fourth degree. 24 (3) (c) The person is in a position of authority over the 25 other person and uses that authority to coerce the other person 26 to submit. 27 (4) (d) The person is four or more years older than the 28 other person. 29 3. c. The act is performed while the other person is under 30 the influence of a controlled substance, which may include but 31 is not limited to flunitrazepam, and all of the following are 32 true: 33 a. (1) The controlled substance, which may include but is 34 not limited to flunitrazepam, prevents the other person from 35 -110- LSB 1950HC (23) 85 lh/rj 110/ 159
H.F. _____ consenting to the act. 1 b. (2) The person performing the act knows or reasonably 2 should have known that the other person was under the influence 3 of the controlled substance, which may include but is not 4 limited to flunitrazepam. 5 4. d. The act is performed while the other person is 6 mentally incapacitated, physically incapacitated, or physically 7 helpless. 8 2. Sexual abuse in the third degree is a class “C” felony. 9 Sec. 203. Section 709.8, Code 2013, is amended to read as 10 follows: 11 709.8 Lascivious acts with a child. 12 1. It is unlawful for any person sixteen years of age or 13 older to perform any of the following acts with a child with 14 or without the child’s consent unless married to each other, 15 for the purpose of arousing or satisfying the sexual desires 16 of either of them: 17 1. a. Fondle or touch the pubes or genitals of a child. 18 2. b. Permit or cause a child to fondle or touch the 19 person’s genitals or pubes. 20 3. c. Solicit a child to engage in a sex act or solicit a 21 person to arrange a sex act with a child. 22 4. d. Inflict pain or discomfort upon a child or permit a 23 child to inflict pain or discomfort on the person. 24 2. a. Any person who violates a provision of this section 25 involving an act included in subsection 1 , paragraph “a” or 2 26 “b” , shall, upon conviction, be guilty of a class “C” felony. 27 b. Any person who violates a provision of this section 28 involving an act included in subsection 3 1, paragraph “c” or 4 29 “d” , shall, upon conviction, be guilty of a class “D” felony. 30 Sec. 204. Section 709.12, Code 2013, is amended to read as 31 follows: 32 709.12 Indecent contact with a child. 33 1. A person eighteen years of age or older is upon 34 conviction guilty of an aggravated misdemeanor if the person 35 -111- LSB 1950HC (23) 85 lh/rj 111/ 159
H.F. _____ commits any of the following acts with a child, not the 1 person’s spouse, with or without the child’s consent, for the 2 purpose of arousing or satisfying the sexual desires of either 3 of them: 4 1. a. Fondle or touch the inner thigh, groin, buttock, 5 anus, or breast of the child. 6 2. b. Touch the clothing covering the immediate area of the 7 inner thigh, groin, buttock, anus, or breast of the child. 8 3. c. Solicit or permit a child to fondle or touch the 9 inner thigh, groin, buttock, anus, or breast of the person. 10 4. d. Solicit a child to engage in any act prohibited under 11 section 709.8, subsection 1, 2 paragraph “a” , “b” , or 4 “d” . 12 2. The provisions of this section shall also apply to a 13 person sixteen or seventeen years of age who commits any of the 14 enumerated acts with a child who is at least five years the 15 person’s junior, in which case the juvenile court shall have 16 jurisdiction under chapter 232 . 17 Sec. 205. Section 709.16, subsection 2, Code 2013, is 18 amended to read as follows: 19 2. a. An officer, employee, contractor, vendor, volunteer, 20 or agent of a juvenile placement facility who engages in a 21 sex act with a juvenile placed at such facility commits an 22 aggravated misdemeanor. 23 b. For purposes of this subsection , a “juvenile placement 24 facility” means any of the following: 25 a. (1) A child foster care facility licensed under section 26 237.4 . 27 b. (2) Institutions controlled by the department of human 28 services listed in section 218.1 . 29 c. (3) Juvenile detention and juvenile shelter care homes 30 approved under section 232.142 . 31 d. (4) Psychiatric medical institutions for children 32 licensed under chapter 135H . 33 e. (5) Substance abuse facilities as defined in section 34 125.2 . 35 -112- LSB 1950HC (23) 85 lh/rj 112/ 159
H.F. _____ Sec. 206. Section 711.1, Code 2013, is amended to read as 1 follows: 2 711.1 Robbery defined. 3 1. A person commits a robbery when, having the intent to 4 commit a theft, the person does any of the following acts to 5 assist or further the commission of the intended theft or the 6 person’s escape from the scene thereof with or without the 7 stolen property: 8 1. a. Commits an assault upon another. 9 2. b. Threatens another with or purposely puts another in 10 fear of immediate serious injury. 11 3. c. Threatens to commit immediately any forcible felony. 12 2. It is immaterial to the question of guilt or innocence of 13 robbery that property was or was not actually stolen. 14 Sec. 207. Section 714.1, subsection 6, Code 2013, is amended 15 to read as follows: 16 6. Makes, utters, draws, delivers, or gives any check, 17 share draft, draft, or written order on any bank, credit 18 union, person, or corporation, and obtains property, the use 19 of property, including rental property, or service in exchange 20 for such instrument, if the person knows that such check, share 21 draft, draft, or written order will not be paid when presented. 22 a. Whenever the drawee of such instrument has refused 23 payment because of insufficient funds, and the maker has not 24 paid the holder of the instrument the amount due thereon within 25 ten days of the maker’s receipt of notice from the holder that 26 payment has been refused by the drawee, the court or jury may 27 infer from such facts that the maker knew that the instrument 28 would not be paid on presentation. Notice of refusal of 29 payment shall be by certified mail, or by personal service in 30 the manner prescribed for serving original notices. 31 b. Whenever the drawee of such instrument has refused 32 payment because the maker has no account with the drawee, the 33 court or jury may infer from such fact that the maker knew that 34 the instrument would not be paid on presentation. 35 -113- LSB 1950HC (23) 85 lh/rj 113/ 159
H.F. _____ Sec. 208. Section 714.10, Code 2013, is amended to read as 1 follows: 2 714.10 Fraudulent practice in the second degree. 3 1. Fraudulent practice in the second degree is the 4 following: 5 1. a. A fraudulent practice where the amount of money or 6 value of property or services involved exceeds one thousand 7 dollars but does not exceed ten thousand dollars. 8 2. b. A fraudulent practice where the amount of money or 9 value of property or services involved does not exceed one 10 thousand dollars by one who has been convicted of a fraudulent 11 practice twice before. 12 2. Fraudulent practice in the second degree is a class “D” 13 felony. 14 Sec. 209. Section 714.11, Code 2013, is amended to read as 15 follows: 16 714.11 Fraudulent practice in the third degree. 17 1. Fraudulent practice in the third degree is the following: 18 1. a. A fraudulent practice where the amount of money or 19 value of property or service involved exceeds five hundred 20 dollars but does not exceed one thousand dollars. 21 2. b. A fraudulent practice as set forth in section 714.8 , 22 subsections 2, 8 , and 9 . 23 3. c. A fraudulent practice where it is not possible to 24 determine an amount of money or value of property and service 25 involved. 26 2. Fraudulent practice in the third degree is an aggravated 27 misdemeanor. 28 Sec. 210. Section 714.16B, Code 2013, is amended to read as 29 follows: 30 714.16B Identity theft —— civil cause of action. 31 1. In addition to any other remedies provided by law, a 32 person as defined under section 714.16, subsection 1 , suffering 33 a pecuniary loss as a result of an identity theft by another 34 person under section 715A.8 , or a financial institution on 35 -114- LSB 1950HC (23) 85 lh/rj 114/ 159
H.F. _____ behalf of an account holder suffering a pecuniary loss as a 1 result of an identity theft by another person under section 2 715A.8 , may bring an action against such other person to 3 recover all of the following: 4 1. a. Five thousand dollars or three times the actual 5 damages, whichever is greater. 6 2. b. Reasonable costs incurred due to the violation of 7 section 715A.8 , including all of the following: 8 a. (1) Costs for repairing the victim’s credit history or 9 credit rating. 10 b. (2) Costs incurred for bringing a civil or 11 administrative proceeding to satisfy a debt, lien, judgment, or 12 other obligation of the victim. 13 c. (3) Punitive damages, attorney fees, and court costs. 14 2. For purposes of this section , “financial institution” 15 means the same as defined in section 527.2 , and includes an 16 insurer organized under Title XIII, subtitle 1 , of this Code, 17 or under the laws of any other state or the United States. 18 Sec. 211. Section 714.26, subsection 2, paragraphs a and b, 19 Code 2013, are amended to read as follows: 20 a. (1) A person commits intellectual property 21 counterfeiting in the first degree if any of the following 22 apply: 23 (1) (a) The person is manufacturing or producing an item 24 bearing or identified by a counterfeit mark. 25 (2) (b) The offense involves more than one thousand items 26 bearing or identified by a counterfeit mark or the total retail 27 value of such items is equal to or greater than ten thousand 28 dollars. 29 (3) (c) The offense is a third or subsequent violation of 30 this section . 31 (2) Intellectual property counterfeiting in the first 32 degree is a class “C” felony. 33 b. (1) A person commits intellectual property 34 counterfeiting in the second degree if any of the following 35 -115- LSB 1950HC (23) 85 lh/rj 115/ 159
H.F. _____ apply: 1 (1) (a) The offense involves more than one hundred items 2 but does not involve more than one thousand items bearing or 3 identified by a counterfeit mark or the total retail value of 4 such items is equal to or greater than one thousand dollars but 5 less than ten thousand dollars. 6 (2) (b) The offense is a second violation of this section . 7 (2) Intellectual property counterfeiting in the second 8 degree is a class “D” felony. 9 Sec. 212. Section 715A.6, subsection 1, Code 2013, is 10 amended to read as follows: 11 1. a. A person commits a public offense by using a credit 12 card for the purpose of obtaining property or services with 13 knowledge of any of the following: 14 a. (1) The credit card is stolen or forged. 15 b. (2) The credit card has been revoked or canceled. 16 c. (3) For any other reason the use of the credit card is 17 unauthorized. 18 b. It is an affirmative defense to prosecution under 19 paragraph “c” “a” , subparagraph (3), if the person proves by a 20 preponderance of the evidence that the person had the intent 21 and ability to meet all obligations to the issuer arising out 22 of the use of the credit card. 23 Sec. 213. Section 717A.2, subsection 1, paragraph c, Code 24 2013, is amended to read as follows: 25 c. (1) Enter onto or into an animal facility, or remain 26 on or in an animal facility, if the person has notice that the 27 facility is not open to the public, if the person has an intent 28 to do one of the following: 29 (1) (a) Disrupt operations conducted at the animal 30 facility, if the operations directly relate to agricultural 31 production, animal maintenance, educational or scientific 32 purposes, or veterinary care. 33 (2) (b) Kill or injure an animal maintained at the animal 34 facility. 35 -116- LSB 1950HC (23) 85 lh/rj 116/ 159
H.F. _____ (2) A person has notice that an animal facility is not 1 open to the public if the person is provided notice before 2 entering onto or into the facility, or the person refuses to 3 immediately depart from the facility after being informed to 4 leave. The notice may be in the form of a written or verbal 5 communication by the owner, a fence or other enclosure designed 6 to exclude intruders or contain animals, or a sign posted which 7 is reasonably likely to come to the attention of an intruder 8 and which indicates that entry is forbidden. 9 Sec. 214. Section 717A.3, subsection 1, paragraph c, Code 10 2013, is amended to read as follows: 11 c. (1) Enter onto or remain on crop operation property 12 if the person has notice that the property is not open to 13 the public, and the person has an intent to do one of the 14 following: 15 (1) (a) Disrupt agricultural production conducted on the 16 crop operation property if the agricultural production directly 17 relates to the maintenance of crops. A person is presumed to 18 intend disruption if the person moves, removes, or defaces any 19 sign posted on the crop operation property or label used by the 20 owner and the sign or label identifies a crop maintained on the 21 crop operation property. 22 (2) (b) Destroy or damage a crop or any portion of a crop 23 maintained on the crop operation property. 24 (2) A person has notice that a crop operation property 25 is not open to the public if the person is provided notice 26 prohibiting entry before the person enters onto the crop 27 operation property, or the person refuses to immediately 28 depart from the crop operation property after being notified 29 to leave. The notice may be in the form of a written or verbal 30 communication by the owner, a fence or other enclosure designed 31 to exclude intruders, or a sign posted which is reasonably 32 likely to come to the attention of an intruder and which 33 indicates that entry is prohibited. 34 Sec. 215. Section 730.4, subsection 5, Code 2013, is amended 35 -117- LSB 1950HC (23) 85 lh/rj 117/ 159
H.F. _____ to read as follows: 1 5. a. This section may be enforced through a civil action. 2 a. (1) A person who violates this section or who aids 3 in the violation of this section is liable to an aggrieved 4 employee or applicant for employment for affirmative relief 5 including reinstatement or hiring, with or without back pay, 6 or any other equitable relief as the court deems appropriate 7 including attorney fees and court costs. 8 b. (2) When a person commits, is committing, or proposes to 9 commit, an act in violation of this section , an injunction may 10 be granted through an action in district court to prohibit the 11 person from continuing such acts. The action for injunctive 12 relief may be brought by an aggrieved employee or applicant for 13 employment, the county attorney, or the attorney general. 14 b. A person who in good faith brings an action under 15 this subsection alleging that an employer has required or 16 requested a polygraph examination in violation of this section 17 shall establish that sufficient evidence exists upon which a 18 reasonable person could find that a violation has occurred. 19 Upon proof that sufficient evidence exists upon which a finding 20 could be made that a violation has occurred as required under 21 this paragraph, the employer has the burden of proving that the 22 requirements of this section were met. 23 Sec. 216. Section 730.5, subsection 9, paragraph g, Code 24 2013, is amended to read as follows: 25 g. (1) Upon receipt of a confirmed positive alcohol test 26 which indicates an alcohol concentration greater than the 27 concentration level established by the employer pursuant to 28 this section , and if the employer has at least fifty employees, 29 and if the employee has been employed by the employer for 30 at least twelve of the preceding eighteen months, and if 31 rehabilitation is agreed upon by the employee, and if the 32 employee has not previously violated the employer’s substance 33 abuse prevention policy pursuant to this section , the written 34 policy shall provide for the rehabilitation of the employee 35 -118- LSB 1950HC (23) 85 lh/rj 118/ 159
H.F. _____ pursuant to subsection 10 , paragraph “a” , subparagraph (1), and 1 the apportionment of the costs of rehabilitation as provided 2 by this paragraph “g” . 3 (1) (a) If the employer has an employee benefit plan, the 4 costs of rehabilitation shall be apportioned as provided under 5 the employee benefit plan. 6 (2) (b) If no employee benefit plan exists and the employee 7 has coverage for any portion of the costs of rehabilitation 8 under any health care plan of the employee, the costs of 9 rehabilitation shall be apportioned as provided by the health 10 care plan with any costs not covered by the plan apportioned 11 equally between the employee and the employer. However, the 12 employer shall not be required to pay more than two thousand 13 dollars toward the costs not covered by the employee’s health 14 care plan. 15 (3) (c) If no employee benefit plan exists and the 16 employee does not have coverage for any portion of the costs of 17 rehabilitation under any health care plan of the employee, the 18 costs of rehabilitation shall be apportioned equally between 19 the employee and the employer. However, the employer shall not 20 be required to pay more than two thousand dollars towards the 21 cost of rehabilitation under this subparagraph division . 22 (2) Rehabilitation required pursuant to this paragraph 23 “g shall not preclude an employer from taking any 24 adverse employment action against the employee during the 25 rehabilitation based on the employee’s failure to comply with 26 any requirements of the rehabilitation, including any action 27 by the employee to invalidate a test sample provided by the 28 employee pursuant to the rehabilitation. 29 Sec. 217. Section 730.5, subsection 13, paragraph d, Code 30 2013, is amended to read as follows: 31 d. (1) An employer may use and disclose information 32 concerning the results of a drug or alcohol test conducted 33 pursuant to this section under any of the following 34 circumstances: 35 -119- LSB 1950HC (23) 85 lh/rj 119/ 159
H.F. _____ (1) (a) In an arbitration proceeding pursuant to a 1 collective bargaining agreement, or an administrative agency 2 proceeding or judicial proceeding under workers’ compensation 3 laws or unemployment compensation laws or under common or 4 statutory laws where action taken by the employer based on the 5 test is relevant or is challenged. 6 (2) (b) To any federal agency or other unit of the federal 7 government as required under federal law, regulation or order, 8 or in accordance with compliance requirements of a federal 9 government contract. 10 (3) (c) To any agency of this state authorized to license 11 individuals if the employee tested is licensed by that agency 12 and the rules of that agency require such disclosure. 13 (4) (d) To a union representing the employee if such 14 disclosure would be required by federal labor laws. 15 (5) (e) To a substance abuse evaluation or treatment 16 facility or professional for the purpose of evaluation or 17 treatment of the employee. 18 (2) However, positive test results from an employer drug or 19 alcohol testing program shall not be used as evidence in any 20 criminal action against the employee or prospective employee 21 tested. 22 Sec. 218. Section 730.5, subsection 15, Code 2013, is 23 amended to read as follows: 24 15. Civil remedies. 25 a. This section may be enforced through a civil action. 26 a. (1) A person who violates this section or who aids 27 in the violation of this section , is liable to an aggrieved 28 employee or prospective employee for affirmative relief 29 including reinstatement or hiring, with or without back pay, 30 or any other equitable relief as the court deems appropriate 31 including attorney fees and court costs. 32 b. (2) When a person commits, is committing, or proposes to 33 commit, an act in violation of this section , an injunction may 34 be granted through an action in district court to prohibit the 35 -120- LSB 1950HC (23) 85 lh/rj 120/ 159
H.F. _____ person from continuing such acts. The action for injunctive 1 relief may be brought by an aggrieved employee or prospective 2 employee, the county attorney, or the attorney general. 3 b. In an action brought under this subsection alleging that 4 an employer has required or requested a drug or alcohol test 5 in violation of this section , the employer has the burden of 6 proving that the requirements of this section were met. 7 Sec. 219. Section 804.22, Code 2013, is amended to read as 8 follows: 9 804.22 Initial appearance before magistrate —— arrest without 10 warrant. 11 1. When an arrest is made without a warrant, the person 12 arrested shall, without unnecessary delay, be taken before 13 the nearest or most accessible magistrate in the judicial 14 district in which such arrest was made or before a magistrate 15 in an approved judicial district, and the grounds on which the 16 arrest was made shall be stated to the magistrate by complaint, 17 subscribed and sworn to by the complainant, or supported by the 18 complainant’s affirmation, and such magistrate shall proceed 19 as follows: 20 1. a. If the magistrate believes from such complaint that 21 the offense charged is triable in the magistrate’s court, the 22 magistrate shall proceed with the case. 23 2. b. If the magistrate believes from such complaint that 24 the offense charged is triable in another court, the magistrate 25 shall by written order, commit the person arrested to a peace 26 officer, to be taken before the appropriate magistrate in the 27 district in which the offense is triable, and shall fix the 28 amount of bail or other conditions of release which the person 29 arrested may give for the person’s appearance at the other 30 court. 31 2. This section and the rules of criminal procedure do 32 not affect the provisions of chapter 805 authorizing the 33 release of a person on citation or bail prior to initial 34 appearance, unless the person is charged with manufacture, 35 -121- LSB 1950HC (23) 85 lh/rj 121/ 159
H.F. _____ delivery, possession with intent to manufacture or deliver, or 1 distribution of methamphetamine. The initial appearance of a 2 person so released shall be scheduled for a time not more than 3 thirty days after the date of release. 4 3. For purposes of this section , an “approved judicial 5 district” means, as to any particular arrest of a person made 6 without a warrant, any judicial district in this state in 7 which the chief judge of that judicial district and the chief 8 judge of the judicial district in which the arrest was made 9 have previously entered an order permitting a person arrested 10 without warrant to be taken to a magistrate from any judicial 11 district subject to the order. 12 Sec. 220. Section 804.30, Code 2013, is amended to read as 13 follows: 14 804.30 Strip searches. 15 1. A person arrested for a scheduled violation or a simple 16 misdemeanor shall not be subjected to a strip search unless 17 there is probable cause to believe the person is concealing a 18 weapon or contraband. A strip search pursuant to this section 19 shall not be conducted except under all of the following 20 conditions: 21 1. a. Written authorization of the supervisor on duty is 22 obtained. 23 2. b. A search warrant is obtained for the probing of any 24 body cavity other than the mouth, ears or nose. 25 3. c. A visual search or probing of any body cavity shall 26 be performed under sanitary conditions. A physical probe of 27 a body cavity other than the mouth, ears or nose shall be 28 performed only by a licensed physician unless voluntarily 29 waived in writing by the arrested person. 30 4. d. The search is conducted in a place where it cannot be 31 observed by persons not conducting the search. 32 5. e. The search is conducted by a person of the same sex 33 as the arrested person, unless conducted by a physician. 34 2. Subsequent to a strip search , a written report shall be 35 -122- LSB 1950HC (23) 85 lh/rj 122/ 159
H.F. _____ prepared which includes the written authorization required by 1 subsection 1 , paragraph “a” , the name of the person subjected 2 to the search, the names of the persons conducting the search, 3 the time, date and place of the search and, if required by 4 subsection 2 1 , paragraph “b” , a copy of the search warrant 5 authorizing the search. A copy of the report shall be provided 6 to the person searched. 7 Sec. 221. Section 805.16, subsection 3, Code 2013, is 8 amended to read as follows: 9 3. a. A person arrested pursuant to subsection 2 shall only 10 be arrested for the limited purpose of holding the person in 11 nonsecure custody in an area not intended for secure detention 12 while awaiting transfer to an appropriate juvenile facility 13 or to court, for booking, for implied consent testing, for 14 contacting and release to the person’s parents, or for other 15 administrative purposes. 16 b. For purposes of this subsection , “nonsecure custody” 17 means custody in an unlocked multipurpose area, such as a 18 lobby, office, or interrogation room which is not designed, 19 set aside, or used as a secure detention area, and the person 20 arrested is not physically secured during the period of custody 21 in the area, the person is physically accompanied by a peace 22 officer or a person employed by the facility where the person 23 arrested is being held, and the use of the area is limited to 24 providing nonsecure custody only long enough for the purposes 25 stated in the preceding paragraph “a” and not for a period of 26 time in excess of six hours without the oral or written order 27 of a judge or magistrate authorizing the detention. A judge 28 shall not extend the period of time in excess of six hours 29 beyond the initial six-hour period. 30 Sec. 222. Section 811.2, subsection 1, Code 2013, is amended 31 to read as follows: 32 1. Conditions for release of defendant. 33 a. All bailable defendants shall be ordered released from 34 custody pending judgment or entry of deferred judgment on their 35 -123- LSB 1950HC (23) 85 lh/rj 123/ 159
H.F. _____ personal recognizance, or upon the execution of an unsecured 1 appearance bond in an amount specified by the magistrate unless 2 the magistrate determines in the exercise of the magistrate’s 3 discretion, that such a release will not reasonably assure the 4 appearance of the defendant as required or that release will 5 jeopardize the personal safety of another person or persons. 6 When such determination is made, the magistrate shall, either 7 in lieu of or in addition to the above methods of release, 8 impose the first of the following conditions of release which 9 will reasonably assure the appearance of the person for trial 10 or deferral of judgment and the safety of other persons, or, if 11 no single condition gives that assurance, any combination of 12 the following conditions: 13 a. (1) Place the defendant in the custody of a designated 14 person or organization agreeing to supervise the defendant. 15 b. (2) Place restrictions on the travel, association or 16 place of abode of the defendant during the period of release. 17 c. (3) Require the execution of an appearance bond in a 18 specified amount and the deposit with the clerk of the district 19 court or a public officer designated under section 602.1211, 20 subsection 4 , in cash or other qualified security, of a sum not 21 to exceed ten percent of the amount of the bond, the deposit to 22 be returned to the person who deposited the specified amount 23 with the clerk upon the performance of the appearances as 24 required in section 811.6 . 25 d. (4) Require the execution of a bail bond with sufficient 26 surety, or the deposit of cash in lieu of bond. However, 27 except as provided in section 811.1 , bail initially given 28 remains valid until final disposition of the offense or entry 29 of an order deferring judgment. If the amount of bail is 30 deemed insufficient by the court before whom the offense is 31 pending, the court may order an increase of bail and the 32 defendant must provide the additional undertaking, written or 33 in cash, to secure release. 34 e. (5) Impose any other condition deemed reasonably 35 -124- LSB 1950HC (23) 85 lh/rj 124/ 159
H.F. _____ necessary to assure appearance as required, or the safety of 1 another person or persons including a condition requiring that 2 the defendant return to custody after specified hours, or a 3 condition that the defendant have no contact with the victim or 4 other persons specified by the court. 5 b. Any bailable defendant who is charged with unlawful 6 possession, manufacture, delivery, or distribution of a 7 controlled substance or other drug under chapter 124 and is 8 ordered released shall be required, as a condition of that 9 release, to submit to a substance abuse evaluation and follow 10 any recommendations proposed in the evaluation for appropriate 11 substance abuse treatment. However, if a bailable defendant is 12 charged with manufacture, delivery, possession with the intent 13 to manufacture or deliver, or distribution of methamphetamine, 14 its salts, optical isomers, and salts of its optical isomers, 15 the defendant shall, in addition to a substance abuse 16 evaluation, remain under supervision and be required to undergo 17 random drug tests as a condition of release. 18 Sec. 223. Section 901.3, Code 2013, is amended to read as 19 follows: 20 901.3 Presentence investigation report. 21 1. If a presentence investigation is ordered by the court, 22 the investigator shall promptly inquire into all of the 23 following: 24 1. a. The defendant’s characteristics, family and financial 25 circumstances, needs, and potentialities. 26 2. b. The defendant’s criminal record and social history. 27 3. c. The circumstances of the offense. 28 4. d. The time the defendant has been in detention. 29 5. e. The harm to the victim, the victim’s immediate 30 family, and the community. Additionally, the presentence 31 investigator shall provide a victim impact statement form to 32 each victim, if one has not already been provided, and shall 33 file the completed statement or statements with the presentence 34 investigation report. 35 -125- LSB 1950HC (23) 85 lh/rj 125/ 159
H.F. _____ 6. f. The defendant’s potential as a candidate for the 1 community service sentence program established pursuant to 2 section 907.13 . 3 7. g. Any mitigating circumstances relating to the offense 4 and the defendant’s potential as a candidate for deferred 5 judgment, deferred sentencing, a suspended sentence, or 6 probation, if the defendant is charged with or convicted of 7 assisting suicide pursuant to section 707A.2 . 8 8. h. Whether the defendant has a history of mental 9 health or substance abuse problems. If so, the investigator 10 shall inquire into the treatment options available in both the 11 community of the defendant and the correctional system. 12 2. All local and state mental and correctional 13 institutions, courts, and police agencies shall furnish to 14 the investigator on request the defendant’s criminal record 15 and other relevant information. The originating source of 16 specific mental health or substance abuse information including 17 the histories, treatment, and use of medications shall 18 not be released to the presentence investigator unless the 19 defendant authorizes the release of such information. If the 20 defendant refuses to release the information, the presentence 21 investigator may note the defendant’s refusal to release mental 22 health or substance abuse information in the presentence 23 investigation report and rely upon other mental health or 24 substance abuse information available to the presentence 25 investigator. With the approval of the court, a physical 26 examination or psychiatric evaluation of the defendant may be 27 ordered, or the defendant may be committed to an inpatient 28 or outpatient psychiatric facility for an evaluation of the 29 defendant’s personality and mental health. The results of any 30 such examination or evaluation shall be included in the report 31 of the investigator. 32 Sec. 224. Section 901.5, unnumbered paragraphs 1 and 2, Code 33 2013, are amended to read as follows: 34 After receiving and examining all pertinent information, 35 -126- LSB 1950HC (23) 85 lh/rj 126/ 159
H.F. _____ including the presentence investigation report and victim 1 impact statements, if any, the court shall consider the 2 following sentencing options. The court shall determine 3 which of them is authorized by law for the offense, and of 4 the authorized sentences, which of them or which combination 5 of them, in the discretion of the court, will provide maximum 6 opportunity for the rehabilitation of the defendant, and for 7 the protection of the community from further offenses by the 8 defendant and others. At the time fixed by the court for 9 pronouncement of judgment and sentence, the court shall act 10 accordingly: 11 At the time fixed by the court for pronouncement of judgment 12 and sentence, the court shall act accordingly: 13 Sec. 225. Section 902.9, Code 2013, is amended to read as 14 follows: 15 902.9 Maximum sentence for felons. 16 1. The maximum sentence for any person convicted of a felony 17 shall be that prescribed by statute or, if not prescribed by 18 statute, if other than a class “A” felony shall be determined 19 as follows: 20 1. a. A felon sentenced for a first conviction for a 21 violation of section 124.401D , shall be confined for no more 22 than ninety-nine years. 23 2. b. A class “B” felon shall be confined for no more than 24 twenty-five years. 25 3. c. An habitual offender shall be confined for no more 26 than fifteen years. 27 4. d. A class “C” felon, not an habitual offender, shall 28 be confined for no more than ten years, and in addition shall 29 be sentenced to a fine of at least one thousand dollars but not 30 more than ten thousand dollars. 31 5. e. A class “D” felon, not an habitual offender, shall be 32 confined for no more than five years, and in addition shall be 33 sentenced to a fine of at least seven hundred fifty dollars but 34 not more than seven thousand five hundred dollars. 35 -127- LSB 1950HC (23) 85 lh/rj 127/ 159
H.F. _____ 2. The surcharges required by sections 911.1 , 911.2 , and 1 911.3 shall be added to a fine imposed on a class “C” or class 2 “D” felon, as provided by those sections, and are not a part of 3 or subject to the maximums set in this section . 4 Sec. 226. Section 904.403, Code 2013, is amended to read as 5 follows: 6 904.403 Investigatory powers —— witnesses. 7 1. The director may exercise the following powers in an 8 investigation: 9 1. a. Summon and compel the attendance of witnesses. 10 2. b. Examine the witnesses under oath, which the director 11 may administer. 12 3. c. Have access to all books, papers, and property 13 material to the investigation. 14 4. d. Order the production of books or papers material to 15 the investigation. 16 2. Witnesses other than those in the employ of the state 17 are entitled to the same fees as in civil cases in the district 18 court. 19 Sec. 227. Section 904.813, subsection 2, Code 2013, is 20 amended to read as follows: 21 2. a. The Iowa state industries revolving fund shall be 22 used only for the following purposes: 23 a. (1) Establishment, maintenance, transfer, or closure of 24 industrial operations, or vocational, technical, and related 25 training facilities and services for inmates as authorized by 26 the state director in consultation with the industries board. 27 b. (2) Payment of all costs incurred by the industries 28 board, including but not limited to per diem and expenses 29 of its members, and of salaries, allowances, support, and 30 maintenance of Iowa state industries. 31 c. (3) Direct purchases from vendors of raw materials and 32 capital items used for the manufacturing processes of Iowa 33 state industries, in accordance with rules which meet state 34 bidding requirements. The rules shall be adopted by the state 35 -128- LSB 1950HC (23) 85 lh/rj 128/ 159
H.F. _____ director in consultation with the industries board. 1 b. Payments from the revolving fund, other than salary 2 payments, shall be made directly to the vendors. 3 Sec. 228. Section 904.905, Code 2013, is amended to read as 4 follows: 5 904.905 Surrender of earnings. 6 1. An inmate employed in the community under a work release 7 plan shall surrender to the judicial district department of 8 correctional services the inmate’s total earnings less payroll 9 deductions required by law. The judicial district department 10 of correctional services shall deduct from the earnings in the 11 following order of priority: 12 1. a. An amount the inmate may be legally obligated to pay 13 for the support of the inmate’s dependents, the amount of which 14 shall be paid to the dependents through the department of human 15 services located in the county or city in which the dependents 16 reside. 17 2. b. Restitution as ordered by the court pursuant to 18 chapter 910 . 19 3. c. An amount determined to be the cost to the judicial 20 district department of correctional services for providing 21 food, lodging, and clothing for the inmate while under the 22 program. 23 4. d. Any other financial obligations which are 24 acknowledged by the inmate or any unsatisfied judgment against 25 the inmate. 26 2. Any balance remaining after deductions and payments 27 shall be credited to the inmate’s personal account at the 28 judicial district department of correctional services and shall 29 be paid to the inmate upon release. An inmate so employed 30 shall be paid a fair and reasonable wage in accordance with the 31 prevailing wage scale for such work and shall work at fair and 32 reasonable hours per day and per week. 33 Sec. 229. Section 905.12, Code 2013, is amended to read as 34 follows: 35 -129- LSB 1950HC (23) 85 lh/rj 129/ 159
H.F. _____ 905.12 Surrender of earnings. 1 1. When committing a person to a residential treatment 2 center operated by a judicial district department of 3 correctional services, the court shall order the person to 4 surrender to the district department their total earnings less 5 payroll deductions required by law. The court shall establish 6 the person’s legal obligations by order and the district 7 department shall deduct from the earnings to satisfy the court 8 order in the following order of priority: 9 1. a. An amount the resident may be legally obligated to 10 pay for the support of dependents, which shall be paid to the 11 dependents directly or through the department of human services 12 in the county in which the dependents reside. For the purpose 13 of this subsection paragraph , “legally obligated” means under 14 a court order. 15 2. b. Restitution ordered by the court under chapter 910 . 16 3. c. An amount determined to be the cost to the judicial 17 district department of correctional services for food, lodging, 18 and other expenses incurred by or on behalf of the resident. 19 4. d. Any other financial obligations which are admitted 20 to by the resident or any judgment granted by the court to 21 another person to whom the resident owes money, but no earnings 22 of a resident are subject to garnishment while the person is 23 committed to the center. 24 2. Any balance remaining after deductions and payments 25 shall be credited to the resident’s personal account at the 26 district department and shall be paid to the resident upon 27 release. The director shall establish a plan to comply 28 with the provisions of court orders entered pursuant to this 29 section . 30 Sec. 230. Section 906.5, subsection 1, Code 2013, is amended 31 to read as follows: 32 1. a. The board shall establish and implement a plan by 33 which the board systematically reviews the status of each 34 person who has been committed to the custody of the director of 35 -130- LSB 1950HC (23) 85 lh/rj 130/ 159
H.F. _____ the Iowa department of corrections and considers the person’s 1 prospects for parole or work release. The board at least 2 annually shall review the status of a person other than a class 3 “A” felon, a class “B” felon serving a sentence of more than 4 twenty-five years, or a felon serving an offense punishable 5 under section 902.9, subsection 1 , paragraph “a” , or a felon 6 serving a mandatory minimum sentence other than a class “A” 7 felon, and provide the person with notice of the board’s parole 8 or work release decision. 9 b. Not less than twenty days prior to conducting a hearing 10 at which the board will interview the person, the board 11 shall notify the department of corrections of the scheduling 12 of the interview, and the department shall make the person 13 available to the board at the person’s institutional residence 14 as scheduled in the notice. However, if health, safety, or 15 security conditions require moving the person to another 16 institution or facility prior to the scheduled interview, the 17 department of corrections shall so notify the board. 18 Sec. 231. Section 906.9, Code 2013, is amended to read as 19 follows: 20 906.9 Clothing, transportation, and money. 21 1. When an inmate is discharged, paroled, or placed on work 22 release, the warden or superintendent shall furnish the inmate, 23 at state expense, appropriate clothing and transportation 24 to the place in this state indicated in the inmate’s 25 discharge, parole, or work release plan. When an inmate is 26 discharged, paroled, or placed on work release, the warden or 27 superintendent shall provide the inmate, at state expense or 28 through inmate savings as provided in section 904.508 , money in 29 accordance with the following schedule: 30 1. a. Upon discharge or parole, one hundred dollars. 31 2. b. Upon being placed on work release, fifty dollars. 32 2. Those inmates receiving payment under subsection 2 33 1, paragraph “b” , shall not be eligible for payment under 34 subsection 1 , paragraph “a” , unless they are returned to the 35 -131- LSB 1950HC (23) 85 lh/rj 131/ 159
H.F. _____ institution. An inmate shall only be eligible to receive one 1 payment under this section during any twelve-month period. The 2 warden or superintendent shall maintain an account of all funds 3 expended pursuant to this section . 4 Sec. 232. Section 910.4, subsection 3, Code 2013, is amended 5 to read as follows: 6 3. a. When there is a transfer of supervision from one 7 office or individual charged with supervision of the offender 8 to another, the sending office or individual shall forward to 9 the receiving office or individual all necessary information 10 regarding the balance owed against the original amount of 11 restitution ordered and the balance of public service required. 12 b. When the offender’s circumstances and income have 13 significantly changed, the receiving office or individual 14 shall submit a new plan of payment to the sentencing court for 15 approval or modification based on the considerations enumerated 16 in this section . 17 Sec. 233. Section 915.12, subsection 1, Code 2013, is 18 amended to read as follows: 19 1. A victim may register by filing a written 20 request-for-registration form with the county attorney. The 21 county attorney shall notify the victims in writing and advise 22 them of their registration and rights under this subchapter . 23 The county attorney shall provide a registered victim list to 24 the offices, agencies, and departments required to provide 25 information under this subchapter for notification purposes. 26 The county attorney shall provide a registered victim list 27 to the offices, agencies, and departments required to provide 28 information under this subchapter for notification purposes. 29 Sec. 234. Section 915.29, Code 2013, is amended to read as 30 follows: 31 915.29 Notification of victim of juvenile by department of 32 human services. 33 1. The department of human services shall notify a 34 registered victim regarding a juvenile adjudicated delinquent 35 -132- LSB 1950HC (23) 85 lh/rj 132/ 159
H.F. _____ for a violent crime, committed to the custody of the department 1 of human services, and placed at the state training school at 2 Eldora or Toledo, of the following: 3 1. a. The date on which the juvenile is expected to be 4 temporarily released from the custody of the department of 5 human services, and whether the juvenile is expected to return 6 to the community where the registered victim resides. 7 2. b. The juvenile’s escape from custody. 8 3. c. The recommendation by the department to consider the 9 juvenile for release or placement. 10 4. d. The date on which the juvenile is expected to be 11 released from a facility pursuant to a plan of placement. 12 2. The notification required pursuant to this section 13 may occur through the automated victim notification system 14 referred to in section 915.10A to the extent such information 15 is available for dissemination through the system. 16 Sec. 235. Section 915.38, subsection 1, Code 2013, is 17 amended to read as follows: 18 1. a. Upon its own motion or upon motion of any party, 19 a court may protect a minor, as defined in section 599.1 , 20 from trauma caused by testifying in the physical presence of 21 the defendant where it would impair the minor’s ability to 22 communicate, by ordering that the testimony of the minor be 23 taken in a room other than the courtroom and be televised 24 by closed-circuit equipment for viewing in the courtroom. 25 However, such an order shall be entered only upon a specific 26 finding by the court that such measures are necessary to 27 protect the minor from trauma. Only the judge, prosecuting 28 attorney, defendant’s attorney, persons necessary to operate 29 the equipment, and any person whose presence, in the opinion of 30 the court, would contribute to the welfare and well-being of 31 the minor may be present in the room with the minor during the 32 minor’s testimony. The judge shall inform the minor that the 33 defendant will not be present in the room in which the minor 34 will be testifying but that the defendant will be viewing the 35 -133- LSB 1950HC (23) 85 lh/rj 133/ 159
H.F. _____ minor’s testimony through closed-circuit television. 1 b. During the minor’s testimony the defendant shall remain 2 in the courtroom and shall be allowed to communicate with the 3 defendant’s counsel in the room where the minor is testifying 4 by an appropriate electronic method. 5 c. In addition, upon a finding of necessity, the court 6 may allow the testimony of a victim or witness with a mental 7 illness, an intellectual disability, or other developmental 8 disability to be taken as provided in this subsection , 9 regardless of the age of the victim or witness. 10 DIVISION III 11 CONFORMING CHANGES 12 Sec. 236. Section 48A.11, subsection 2, paragraph b, Code 13 2013, is amended to read as follows: 14 b. The penalty provided by law for submission of a false 15 voter registration form, which shall be the penalty for perjury 16 as provided by section 902.9, subsection 5 1, paragraph “e” . 17 Sec. 237. Section 124.401, subsection 1, paragraph a, 18 unnumbered paragraph 1, Code 2013, is amended to read as 19 follows: 20 Violation of this subsection , with respect to the 21 following controlled substances, counterfeit substances, or 22 simulated controlled substances is a class “B” felony, and 23 notwithstanding section 902.9, subsection 2 1, paragraph “b” , 24 shall be punished by confinement for no more than fifty years 25 and a fine of not more than one million dollars: 26 Sec. 238. Section 124.401, subsection 1, paragraph b, 27 unnumbered paragraph 1, Code 2013, is amended to read as 28 follows: 29 Violation of this subsection with respect to the following 30 controlled substances, counterfeit substances, or simulated 31 controlled substances is a class “B” felony, and in addition 32 to the provisions of section 902.9, subsection 2 1, paragraph 33 “b” , shall be punished by a fine of not less than five thousand 34 dollars nor more than one hundred thousand dollars: 35 -134- LSB 1950HC (23) 85 lh/rj 134/ 159
H.F. _____ Sec. 239. Section 124.401, subsection 1, paragraph c, 1 unnumbered paragraph 1, Code 2013, is amended to read as 2 follows: 3 Violation of this subsection with respect to the following 4 controlled substances, counterfeit substances, or simulated 5 controlled substances is a class “C” felony, and in addition 6 to the provisions of section 902.9, subsection 4 1, paragraph 7 “d” , shall be punished by a fine of not less than one thousand 8 dollars nor more than fifty thousand dollars: 9 Sec. 240. Section 124.401D, subsection 1, paragraph b, Code 10 2013, is amended to read as follows: 11 b. A violation of this subsection is a felony punishable 12 under section 902.9, subsection 1 , paragraph “a” . 13 Sec. 241. Section 124.401D, subsection 2, paragraph b, Code 14 2013, is amended to read as follows: 15 b. A violation of this subsection is a felony punishable 16 under section 902.9, subsection 1 , paragraph “a” . 17 Sec. 242. Section 237A.29, subsection 2, paragraph b, Code 18 2013, is amended to read as follows: 19 b. A child care provider that has been found by the 20 department of inspections and appeals in an administrative 21 proceeding or in a judicial proceeding to have obtained, or has 22 agreed to entry of a civil judgment or judgment by confession 23 that includes a conclusion of law that the child care provider 24 has obtained, by fraudulent means, public funding for provision 25 of child care in an amount equal to or in excess of the minimum 26 amount for a fraudulent practice in the second degree under 27 section 714.10, subsection 1 , paragraph “a” , shall be subject 28 to sanction in accordance with this subsection . Such child 29 care provider shall be subject to a period during which receipt 30 of public funding for provision of child care is conditioned 31 upon no further violations and to one or more of the following 32 sanctions as determined by the department of human services: 33 (1) Ineligibility to receive public funding for provision 34 of child care. 35 -135- LSB 1950HC (23) 85 lh/rj 135/ 159
H.F. _____ (2) Suspension from receipt of public funding for provision 1 of child care. 2 (3) Special review of the child care provider’s claims for 3 providing publicly funded child care. 4 Sec. 243. Section 692A.101, subsection 1, paragraph a, 5 subparagraphs (3) and (4), Code 2013, are amended to read as 6 follows: 7 (3) Sexual abuse in the third degree in violation of section 8 709.4, subsection 1 , paragraph “a” . 9 (4) Lascivious acts with a child in violation of section 10 709.8, subsection 1 , paragraph “a” or 2 “b” . 11 Sec. 244. Section 692A.101, subsection 2, paragraph a, 12 subparagraph (3), Code 2013, is amended to read as follows: 13 (3) Sexual abuse in the third degree in violation of section 14 709.4 , except for a violation of section 709.4, subsection 2 1 , 15 paragraph “c” “b” , subparagraph (4) (3), subparagraph division 16 (d) . 17 Sec. 245. Section 692A.102, subsection 1, paragraph a, 18 subparagraphs (2), (3), and (4), Code 2013, are amended to read 19 as follows: 20 (2) Sexual abuse in the third degree in violation of 21 section 709.4, subsection 1, 3 paragraph “a” , “c” , or 4 “d” , if 22 committed by a person under the age of fourteen. 23 (3) Sexual abuse in the third degree in violation of section 24 709.4, subsection 2 1 , paragraph “a” or “b” , subparagraph (1) or 25 (2), if committed by a person under the age of fourteen. 26 (4) Sexual abuse in the third degree in violation of section 27 709.4, subsection 2 1 , paragraph “c” “b” , subparagraph (3) . 28 Sec. 246. Section 692A.102, subsection 1, paragraph b, 29 subparagraphs (1) and (3), Code 2013, are amended to read as 30 follows: 31 (1) Lascivious acts with a child in violation of section 32 709.8, subsection 3 1, paragraph “c” or 4 “d” . 33 (3) Solicitation of a minor to engage in an illegal act 34 under section 709.8, subsection 3 1 , paragraph “c” , in violation 35 -136- LSB 1950HC (23) 85 lh/rj 136/ 159
H.F. _____ of section 705.1 . 1 Sec. 247. Section 692A.102, subsection 1, paragraph c, 2 subparagraphs (10), (11), and (12), Code 2013, are amended to 3 read as follows: 4 (10) Sexual abuse in the third degree in violation of 5 section 709.4, subsection 1, 3 paragraph “a” , “c” , or 4 “d” , if 6 committed by a person fourteen years of age or older. 7 (11) Sexual abuse in the third degree in violation 8 of section 709.4, subsection 2 1 , paragraph “a” or “b” , 9 subparagraph (1) or (2), if committed by a person fourteen 10 years of age or older. 11 (12) Lascivious acts with a child in violation of section 12 709.8, subsection 1 , paragraph “a” or 2 “b” . 13 Sec. 248. Section 692A.121, subsection 2, paragraph b, 14 subparagraph (2), subparagraph division (a), Code 2013, is 15 amended to read as follows: 16 (a) The relevant information about a sex offender who was 17 under twenty years of age at the time the offender committed a 18 violation of section 709.4, subsection 2 1 , paragraph “c” “b” , 19 subparagraph (4) (3), subparagraph division (d) . 20 Sec. 249. Section 702.11, subsection 2, paragraph c, Code 21 2013, is amended to read as follows: 22 c. Sexual abuse in violation of section 709.4, subsection 23 2 1 , paragraph “c” “b” , subparagraph (4) (3), subparagraph 24 division (d) . 25 Sec. 250. Section 708.2A, subsection 7, paragraph b, Code 26 2013, is amended to read as follows: 27 b. A person convicted of violating subsection 4 shall be 28 sentenced as provided under section 902.9, subsection 5 1, 29 paragraph “e” , and shall be denied parole or work release until 30 the person has served a minimum of one year of the person’s 31 sentence. Notwithstanding section 901.5 , subsections 1, 3, and 32 5 and section 907.3 , the person cannot receive a suspended or 33 deferred sentence or a deferred judgment; however, the person 34 sentenced shall receive credit for any time the person was 35 -137- LSB 1950HC (23) 85 lh/rj 137/ 159
H.F. _____ confined in a jail or detention facility following arrest. 1 Sec. 251. Section 708A.2, Code 2013, is amended to read as 2 follows: 3 708A.2 Terrorism. 4 A person who commits or attempts to commit an act of 5 terrorism commits a class “B” felony. However, notwithstanding 6 section 902.9, subsection 2 1, paragraph “b” , the maximum 7 sentence for a person convicted under this section shall be a 8 period of confinement of not more than fifty years. 9 Sec. 252. Section 716.10, subsection 2, paragraph a, Code 10 2013, is amended to read as follows: 11 a. A person commits railroad vandalism in the first degree 12 if the person intentionally commits railroad vandalism which 13 results in the death of any person. Railroad vandalism in the 14 first degree is a class “B” felony. However, notwithstanding 15 section 902.9, subsection 2 1, paragraph “b” , the maximum 16 sentence for a person convicted under this section shall be a 17 period of confinement of not more than fifty years. 18 Sec. 253. Section 726.6, subsection 4, Code 2013, is amended 19 to read as follows: 20 4. A person who commits child endangerment resulting in 21 the death of a child or minor is guilty of a class “B” felony. 22 Notwithstanding section 902.9, subsection 2 1, paragraph “b” , 23 a person convicted of a violation of this subsection shall be 24 confined for no more than fifty years. 25 Sec. 254. Section 726.6A, Code 2013, is amended to read as 26 follows: 27 726.6A Multiple acts of child endangerment —— penalty. 28 A person who engages in a course of conduct including three 29 or more acts of child endangerment as defined in section 726.6 30 within a period of twelve months involving the same child or a 31 minor with a mental or physical disability, where one or more 32 of the acts results in serious injury to the child or minor 33 or results in a skeletal injury to a child under the age of 34 four years, is guilty of a class “B” felony. Notwithstanding 35 -138- LSB 1950HC (23) 85 lh/rj 138/ 159
H.F. _____ section 902.9, subsection 2 1, paragraph “b” , a person convicted 1 of a violation of this section shall be confined for no more 2 than fifty years. 3 Sec. 255. Section 804.25, Code 2013, is amended to read as 4 follows: 5 804.25 Bail —— discharge. 6 Any magistrate who receives bail as provided for in sections 7 804.21, subsection 2 , and 804.22, subsection 2 1, paragraph “b” , 8 shall endorse, on the order of commitment or on the warrant, an 9 order for the discharge from custody of the arrested person, 10 who shall forthwith be discharged, and shall transmit by mail, 11 or otherwise, as soon as it can be conveniently done, to the 12 court at which the person is bound to appear, the affidavits, 13 order of commitment or warrant, and discharge, together with 14 the undertaking of bail. 15 Sec. 256. Section 811.1, subsections 1 and 2, Code 2013, are 16 amended to read as follows: 17 1. A defendant awaiting judgment of conviction and 18 sentencing following either a plea or verdict of guilty of a 19 class “A” felony; forcible felony as defined in section 702.11 ; 20 any class “B” felony included in section 462A.14 or 707.6A ; any 21 felony included in section 124.401, subsection 1 , paragraph 22 “a” or “b” ; a second or subsequent offense under section 23 124.401, subsection 1 , paragraph “c” ; any felony punishable 24 under section 902.9, subsection 1 , paragraph “a” ; any public 25 offense committed while detained pursuant to section 229A.5 ; 26 or any public offense committed while subject to an order of 27 commitment pursuant to chapter 229A . 28 2. A defendant appealing a conviction of a class “A” 29 felony; forcible felony as defined in section 702.11 ; any class 30 “B” or “C” felony included in section 462A.14 or 707.6A ; any 31 felony included in section 124.401, subsection 1 , paragraph 32 “a” or “b” ; or a second or subsequent conviction under section 33 124.401, subsection 1 , paragraph “c” ; any felony punishable 34 under section 902.9, subsection 1 , paragraph “a” ; any public 35 -139- LSB 1950HC (23) 85 lh/rj 139/ 159
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. 257. Section 811.10, unnumbered paragraph 1, Code 4 2013, is amended to read as follows: 5 When a defendant is admitted to bail by means of a surety 6 bail bond pursuant to section 811.2, subsection 1 , paragraph 7 “d”, “a” , subparagraph (4), the obligation of surety shall be 8 discharged, and the surety released, upon any of the following 9 conditions: 10 Sec. 258. Section 901.2, unnumbered paragraph 2, Code 2013, 11 is amended to read as follows: 12 The court shall not order a presentence investigation when 13 the offense is a class “A” felony. If, however, the board of 14 parole determines that the Iowa medical and classification 15 center reception report for a class “A” felon is inadequate, 16 the board may request and shall be provided with additional 17 information from the appropriate judicial district department 18 of correctional services. The court shall order a presentence 19 investigation when the offense is any felony punishable under 20 section 902.9, subsection 1 , paragraph “a” , or a class “B”, 21 class “C”, or class “D” felony. A presentence investigation 22 for any felony punishable under section 902.9, subsection 1 , 23 paragraph “a” , or a class “B”, class “C”, or class “D” felony 24 shall not be waived. The court may order, with the consent of 25 the defendant, that the presentence investigation begin prior 26 to the acceptance of a plea of guilty, or prior to a verdict 27 of guilty. The court may order a presentence investigation 28 when the offense is an aggravated misdemeanor. The court may 29 order a presentence investigation when the offense is a serious 30 misdemeanor only upon a finding of exceptional circumstances 31 warranting an investigation. Notwithstanding section 901.3 , a 32 presentence investigation ordered by the court for a serious 33 misdemeanor shall include information concerning only the 34 following: 35 -140- LSB 1950HC (23) 85 lh/rj 140/ 159
H.F. _____ Sec. 259. Section 901.5A, subsection 1, unnumbered 1 paragraph 1, Code 2013, is amended to read as follows: 2 A defendant sentenced by the court to the custody of the 3 director of the department of corrections for an offense 4 punishable under section 902.9, subsection 1 , paragraph “a” , 5 may have the judgment and sentence entered under section 901.5 6 reopened for resentencing if the following apply: 7 Sec. 260. Section 901.10, subsection 3, Code 2013, is 8 amended to read as follows: 9 3. A court sentencing a person for the person’s first 10 conviction under section 124.401D may, at its discretion, 11 sentence the person to a term less than the maximum term 12 provided under section 902.9, subsection 1 , paragraph “a” , if 13 mitigating circumstances exist and those circumstances are 14 stated specifically in the record. However, the court shall 15 not grant any reduction of sentence unless the defendant pleads 16 guilty. If the defendant pleads guilty, the court may, at its 17 discretion, reduce the maximum sentence by up to one-third. If 18 the defendant cooperates in the prosecution of other persons 19 involved in the sale or use of controlled substances, and 20 if the prosecutor requests an additional reduction in the 21 defendant’s sentence because of such cooperation, the court may 22 grant a further reduction in the defendant’s maximum sentence. 23 Sec. 261. Section 902.14, subsection 1, paragraph c, Code 24 2013, is amended to read as follows: 25 c. Lascivious acts with a child in violation of section 26 709.8, subsection 1 , paragraph “a” or 2 “b” . 27 DIVISION IV 28 DIRECTIVES 29 Sec. 262. CODE EDITOR DIRECTIVES. 30 1. Sections 554.1201, subsection 2, paragraph “p”; 31 554.2210, subsection 3; 554.3104, subsection 1, paragraph “c”; 32 554.3104, subsections 6, 8, and 9; 554.3106, subsections 1 33 and 2; 554.3108, subsections 1 and 2; 554.3109, subsection 34 2; 554.3112, subsection 1; 554.3204, subsection 1; 554.3206, 35 -141- LSB 1950HC (23) 85 lh/rj 141/ 159
H.F. _____ subsection 3, unnumbered paragraph 1; 554.3302, subsection 1 1, paragraph “b”; 554.3302, subsections 3 and 5; 554.3307, 2 subsection 2; 554.3310, subsection 3; 554.3312, subsection 3 2, unnumbered paragraph 1; 554.3312, subsection 3; 554.3402, 4 subsection 2, paragraph “b”; 554.3404, subsection 2, unnumbered 5 paragraph 1; 554.3404, subsection 3; 554.3405, subsection 3; 6 554.3407, subsections 1 and 3; 554.3411, subsections 2 and 7 3; 554.3414, subsections 2 and 6; 554.3415, subsection 1; 8 554.3417, subsection 1, unnumbered paragraph 1; 554.3417, 9 subsection 4, unnumbered paragraph 1; 554.3418, subsections 10 1 and 2; 554.3419, subsection 4; 554.3420, subsection 1; 11 554.3502, subsection 2, paragraph “c”; 554.3503, subsections 1 12 and 3; 554.3504, subsections 1 and 2; 554.3602, subsection 1; 13 554.3602, subsection 2, paragraph “a”; 554.4106, subsections 14 1 and 2; 554.4109, subsection 2; 554.4207, subsection 2; 15 554.4208, subsection 1, unnumbered paragraph 1; 554.4208, 16 subsections 2 and 4; 554.4215, subsection 5, unnumbered 17 paragraph 1; 554.5102, subsection 1, paragraphs “f” and “k”; 18 554.5109, subsection 1, paragraph “a”; 554.5116, subsection 3; 19 554.8301, subsection 1, paragraph “c”; 554.8403, subsection 20 2, unnumbered paragraph 1; 554.13303, subsections 2 and 3; 21 554.13303, subsection 4, paragraph “b”; 554.13308, subsection 22 2; 554.13309, subsection 8; 554.13310, subsection 5; 554.13518, 23 subsection 2; 554.13529, subsection 1, paragraphs “a” and “b”; 24 and 554.13531, subsection 1, unnumbered paragraph 1, Code 25 2013, are amended by striking nonconforming Code subparagraph 26 subdivision references from within section text. 27 2. Sections 554.3119, 554.3301, 554.3401, 554.3412, 28 554.3413, and 554.13105, Code 2013, are amended by striking 29 nonconforming Code subparagraph subdivision references from 30 within section text. 31 3. The Code editor is directed to number, renumber, 32 designate, or redesignate to eliminate unnumbered paragraphs 33 within sections 556D.2, 557B.5, 557B.6, 558.60, 562A.18, 34 564A.6, 573.18, 573A.7, 592.3, 596.8, 598.25, 600B.31A, 35 -142- LSB 1950HC (23) 85 lh/rj 142/ 159
H.F. _____ 602.10141, 637.606, 654.12B, 703.5, and 704.11, Code 2013, in 1 accordance with established Code section hierarchy and correct 2 internal references in the Code and in any enacted Iowa Acts, 3 as necessary. 4 4. The Code editor is directed to number, renumber, 5 designate, or redesignate to eliminate unnumbered paragraphs 6 within sections 558.58, subsection 1; 562A.12, subsections 3 7 and 5; 562B.13, subsection 6; 573.12, subsection 1; 573.12, 8 subsection 2, paragraph “b”; 598.13, subsection 1; 598.22A, 9 subsection 1; 600.9, subsection 2; 600A.6, subsection 2; 10 602.1401, subsection 3; 602.6105, subsection 3, paragraph “b”; 11 602.9105, subsection 1, paragraph “b”; 602.9107, subsections 2 12 and 3; 614.17A, subsection 2; 614.22, subsection 2; 624.24A, 13 subsection 3; 627.6, subsection 15; 631.13, subsection 4, 14 paragraph “a”; 631.14, subsection 2; 633.123A, subsection 15 1; 633.356, subsections 3, 4, 6, and 7; 633D.10, subsection 16 3; 654.15, subsection 1; 657.11, subsection 3, paragraph 17 “a”; 657A.10A, subsection 1; 669.14, subsection 11; 692.2, 18 subsection 6; 714.16A, subsection 1; 717B.5, subsection 2; 19 809A.6, subsection 4; 809A.7, subsection 5; 809A.9, subsection 20 1; 809A.12, subsection 3; 904.116, subsection 2; 904.201, 21 subsection 3; 904.503, subsection 1; and 904.809, subsection 5, 22 paragraph “a”, Code 2013, in accordance with established Code 23 section hierarchy and correct internal references in the Code 24 and in any enacted Iowa Acts, as necessary. 25 5. The Code editor is directed to redesignate within 26 section 327F.39, subsection 1, paragraphs “a” through “c” to 27 place the definitions in alphabetical order and correct any 28 internal references in the Code and in any enacted Iowa Acts, 29 as necessary. 30 EXPLANATION 31 This bill makes Code changes and corrections that are 32 considered to be nonsubstantive and noncontroversial, in 33 addition to style changes. Changes made include updating 34 or correcting names of and references to public and private 35 -143- LSB 1950HC (23) 85 lh/rj 143/ 159
H.F. _____ entities and funds, correcting internal Code references and 1 terminology, updating United States Code references, making 2 various corrections to spelling and grammar, and renumbering 3 and reorganizing various provisions to eliminate unnumbered 4 paragraphs and facilitate citation. The Code sections in which 5 the technical, grammatical, and other nonsubstantive changes 6 are made include the following: 7 DIVISION I. Code section 8.6: Adds the word “number” after 8 the words “social security” in language describing the types of 9 identifiers that may be required to be produced, under rules 10 adopted by the department of management, by individuals or 11 entities who make applications to agencies of state government. 12 Code section 8.32: Numbers and letters unnumbered 13 paragraphs within this provision relating to conditional 14 availability of appropriations, because of a colon which 15 appears at the end of the first paragraph of the Code section. 16 Code section 8D.5: Renumbers and reformats language 17 to more specifically enumerate the provisions describing 18 the membership, duties, and staffing of the education 19 telecommunications council. 20 Code section 15.107: Corrects noun-verb agreement within 21 language describing the oversight duties of the board 22 of directors and the chief executive officer of the Iowa 23 innovation corporation. 24 Code section 16.6: Adds a numeric Code subchapter reference 25 after a reference by name to the state merit system in language 26 describing the employment classification of employees of the 27 Iowa finance authority. 28 Code section 16.27: Replaces parentheses with commas in 29 language describing an annual report submitted by the Iowa 30 finance authority to the legislative fiscal committee. 31 Code section 24.2: Combines two paragraphs to eliminate an 32 unanchored unnumbered paragraph within a definition of the term 33 “fiscal year” in the Code chapter governing local budgets. 34 Code section 28A.24: Moves a reference to Code chapter 35 -144- LSB 1950HC (23) 85 lh/rj 144/ 159
H.F. _____ 422 to facilitate electronic hypertext linkage to that Code 1 chapter in this provision exempting the quad cities interstate 2 metropolitan authority from taxation. 3 Code section 28E.2: Numbers and alphabetizes definitions 4 of terms applicable to the Code chapter on joint exercise of 5 governmental powers. 6 Code section 29A.15: Adds the indefinite article “a” before 7 the words “national emergency” in this provision relating to 8 national guard merit or service badges or awards. 9 Code section 29C.17: Strikes an extraneous “the” in 10 prefatory language describing the funding of a local emergency 11 management agency’s budget. 12 Code section 34A.6: Corrects a reference by name to the 13 wire-line E911 service surcharge in language describing the 14 preconditions to imposition of the surcharge. 15 Code section 34A.7A: Changes “communication” to 16 “communications” in a reference to this type of public or 17 private service provider in language relating to reimbursement 18 for transporting information within the enhanced E911 service 19 system. The term “communications service provider” is defined 20 in Code section 34A.2. 21 Code section 49.80: Redesignates this Code provision 22 relating to challenges to an elector to conform the style of 23 the provision to established Code hierarchy. 24 Code section 50.20: Changes a verbal expression of time 25 to the numeric expression in this provision relating to the 26 compilation and availability of a list of and affidavits 27 pertaining to provisional ballots cast in each precinct. 28 Code sections 53.45, 176A.10, and 422D.1: Strikes the 29 redundant word “state” to correct a clerical error in language 30 that refers to the general election described in Code chapter 31 39. 32 Code section 68A.604: Adds the words “as to” to complete 33 the sentence in language regarding a political party’s central 34 committee’s discretion as to allocation of the funds to 35 -145- LSB 1950HC (23) 85 lh/rj 145/ 159
H.F. _____ candidates. 1 Code section 88.8: Replaces parentheses with commas 2 to update the style of this provision regarding notice of 3 violations of occupational safety and health standards or 4 rules. 5 Code section 88.19: Restructures to enumerate the 6 subject matters which may be covered in reports by the labor 7 commissioner of the department of workforce development. 8 Code section 96.13: Corrects references to the name of the 9 entity responsible for the governance of the federal Social 10 Security Act in a provision relating to replenishment of lost 11 unemployment compensation funds. 12 Code section 97C.12: Renumbers and reformats to eliminate 13 nonconforming Code section hierarchy in this provision 14 describing the fund which used to be under the original social 15 security payment system. 16 Code section 123.30: Updates the style and grammar of 17 language governing requirements for premises of liquor control 18 licensees. 19 Code sections 123.50, 126.11, 252.27, 258.16, 322.33, 20 331.362, 331.382, 331.552, 350.4, 422.20, 422.72, 423.6, 21 455B.474A, 489.110, 502.610, 507A.7, 518C.7, 524.1411, 543B.29, 22 554D.104, 648.3, and 805.8B: Restructures internal reference 23 citations, by repeating existing Code section references, to 24 improve computer tagging of the references and permit automated 25 electronic hypertext linking within these provisions. 26 Code section 123.145: Updates the term “per centum” to 27 the term “percent” in this provision relating to labeling on 28 bottles, kegs, barrels, or other containers in which beer is 29 offered for sale. 30 Code section 124.401: Adds a missing “or” before a Code 31 section citation to certain controlled substances in a 32 nonserial set of references to substances, the manufacture, 33 possession, or delivery of which is an aggravated misdemeanor. 34 Code section 135.74: Adds the words “all of the following” 35 -146- LSB 1950HC (23) 85 lh/rj 146/ 159
H.F. _____ and strikes punctuation and the word “and” to update the style 1 of a provision setting out factors to be considered by the 2 department of public health in establishing uniform methods of 3 financial reporting. 4 Code section 135.75: Adds the words “all of the following” 5 and strikes punctuation and the word “and” to update the style 6 of a provision describing items that each hospital and health 7 facility must file with the department of public health. 8 Code section 135.83: Updates the name of the former Iowa 9 association of homes and services for the aging to reflect the 10 association’s current name, “leading age Iowa” in language 11 relating to pilot programs dealing with prospective rate review 12 in hospitals or health care facilities, or both. 13 Code section 135.156: Strikes the redundant words 14 “electronic health information” from a reference to the 15 advisory council established to promote the adoption and use 16 of health information technology. The term “advisory council” 17 is defined in Code section 135.154, subsection 1, to mean the 18 electronic health information advisory council. 19 Code section 135.156B: Replaces the word “its” with the 20 words “the department’s” to improve the readability of two 21 provisions describing the duties of the department of public 22 health. 23 Code sections 135C.2 and 423.3: Updates the name of the 24 former accreditation council for services for persons with an 25 intellectual disability and other persons with developmental 26 disabilities to reflect the council’s new name, the “council on 27 quality and leadership”. 28 Code section 135C.6: Replaces the word “licensability” 29 with the commonly used term “licensure” in language describing 30 activities of a health care facility which require prior 31 approval by the department of inspections and appeals in order 32 for the facility to continue to be licensed by the department. 33 Also changes “intellectual disabilities” to “an intellectual 34 disability” to correct the name of the services waiver in 35 -147- LSB 1950HC (23) 85 lh/rj 147/ 159
H.F. _____ language describing residential programs that provide services 1 to not more than five individuals who have an intellectual 2 disability. 3 Code section 138.13: Spells out the currently abbreviated 4 form of the word “Fahrenheit” in this provision governing the 5 conditions of living quarters and service building in migrant 6 labor camps. 7 Code section 144A.2: Renumbers a definition of the term 8 “life-sustaining procedure” to eliminate an unanchored 9 unnumbered paragraph that appears at the end of the definition. 10 Code section 163.26: Spells out the currently abbreviated 11 form of the word “Fahrenheit” in this definition of the term 12 “garbage”. 13 Code section 189A.11: Renumbers to eliminate unanchored 14 unnumbered paragraphs and updates the style of this provision 15 relating to access by meat inspectors to establishments in 16 which livestock or poultry are slaughtered or livestock or 17 poultry products are prepared. 18 Code section 190.12: Spells out the currently abbreviated 19 form of the word “Fahrenheit” in this provision establishing 20 standards for frozen desserts. 21 Code section 203C.15: Changes the word “to” to “with” 22 to correct the grammar in a provision relating to insurance 23 coverage for warehouse operators. 24 Code section 230.15: Numbers and divides the last 25 unnumbered paragraph of this provision relating to liability 26 for payment of the cost of care and treatment of a person with 27 mental illness or a substance-related disorder. 28 Code section 231D.3A: Changes the word “for” to “of” 29 to correct a reference by name to the federal program of 30 all-inclusive care for the elderly, known as the PACE program. 31 Code section 235.3: Corrects a reference to the name of the 32 entity responsible for the governance of the federal social 33 security program. 34 Code sections 235B.1 and 235B.16A: Corrects the name of the 35 -148- LSB 1950HC (23) 85 lh/rj 148/ 159
H.F. _____ state department charged with oversight of state activities 1 for older Iowans. The department’s name was changed from the 2 department of elder affairs to the department on aging by 2009 3 Iowa Acts, chapter 23. 4 Code section 249A.4B: Updates the names of the former Iowa 5 association of homes and services for the aging and the Iowa 6 dietetic association to their current names, “leading age 7 Iowa” and the “Iowa academy of nutrition and dietetics”, in 8 this description of the membership of the medical assistance 9 advisory council. 10 Code sections 249A.12, 249A.26, and 249A.30: Changes 11 “intellectual disabilities” to “an intellectual disability” to 12 correct the name of the services waiver in three provisions 13 governing the provision of services to persons with an 14 intellectual disability. 15 Code section 249L.4: Updates the name of the former Iowa 16 association of homes and services for the aging to reflect the 17 association’s current name, “leading age Iowa”, in language 18 regarding payments to nursing facilities from the quality 19 assurance trust fund. 20 Code section 252D.17: Renumbers this provision relating 21 to income withholding for child support to eliminate the 22 unanchored unnumbered paragraph at the end of the Code section. 23 Code section 256.9: Updates the names of the former Iowa 24 dietetic association to reflect the association’s current 25 name, the “Iowa academy of nutrition and dietetics”, in this 26 provision enumerating the membership of the department of 27 education’s nutrition advisory panel. 28 Code section 256.18A: Changes an incorrect internal 29 self-reference to “this paragraph” within this single paragraph 30 Code section regarding service learning by public and nonpublic 31 students. 32 Code section 256.42: Strikes a comma and adds an “and” to 33 correct the grammar of a provision relating to evaluation of 34 coursework offered though the Iowa learning online initiative. 35 -149- LSB 1950HC (23) 85 lh/rj 149/ 159
H.F. _____ Code section 261B.2: Corrects the grammar of a provision 1 describing the characteristics of institutions of postsecondary 2 education which are required to register with the college 3 student aid commission. 4 Code section 261B.9: Corrects a reference by name to the 5 state board of education in language describing disclosure 6 information that must be provided to students attending 7 postsecondary schools required to register with the college 8 student aid commission. 9 Code section 261E.5: Reformats to enumerate the amounts 10 to be remitted by the department of education to the college 11 board for advanced placement examinations for students properly 12 registered to take those examinations. 13 Code section 263B.3: Corrects a reference by name to the 14 federal administrator responsible for highways in a provision 15 regarding agreements and cooperative efforts between the state 16 archaeologist and federal agencies. 17 Code section 266.48: Adds the word “odor” to correct the 18 second reference by name to a cost-share program for livestock 19 odor research efforts by Iowa state university, the department 20 of agriculture and land stewardship, and the department of 21 natural resources. 22 Code section 272.31: Changes “authorization” to 23 “authorizations” in language relating to the availability and 24 cost of courses and programs for obtaining any one of the three 25 authorizations that are described in this Code section. 26 Code section 273.3: Corrects an incorrect self-reference to 27 facilitate electronic hypertext linkage in language describing 28 the authority of an area education agency board to receive and 29 expend funds. 30 Code section 280.10: Strikes a comma to correct a reference 31 by name to a standard for occupational and educational eye and 32 face protection. 33 Code section 321.105A: Changes the word “notice” to 34 “notification” to make consistent language describing the 35 -150- LSB 1950HC (23) 85 lh/rj 150/ 159
H.F. _____ written information that a purchaser must give to a motor 1 vehicle dealer if the purchaser claims that an excess amount of 2 fee for new registration has been paid as part of the vehicle 3 purchase. 4 Code section 322A.1: Adds the definite article “the” in 5 two places before two nouns to correct the grammar of language 6 describing the meaning of the term “franchise”. 7 Code section 326.2: Changes the word “to” to “for” to 8 correct the grammar in language describing one-way movement 9 that constitutes a “trip” for purposes of commercial vehicle 10 registration reciprocity. 11 Code section 331.390: Changes “regions” to “region” in 12 language describing the governing board of each mental health 13 and disability services region. The grammar of language 14 specifying the qualifications of a person who may serve as a 15 coordinator of disability services is also corrected. 16 Code section 341A.2: Numbers and letters unnumbered 17 paragraphs within this provision relating to civil service 18 commissions due to the presence of a colon at the end of the 19 first paragraph of the Code section. 20 Code section 354.9: Strikes an extraneous “of” to improve 21 the readability of language relating to review of subdivisions 22 by cities. 23 Code sections 355.7 and 355.8: Letters paragraphs and 24 reformats language that describes the contents of the note that 25 must be placed along the lines of a plat, if the boundary lines 26 of the plat vary from those recorded in deeds, abutting plats, 27 or other instruments of record. 28 Code section 384.6: Corrects the name of the international 29 city management association retirement corporation, by 30 replacing “association/retirement” with “association 31 retirement”, in language describing the action to be taken if 32 a police or fire chief opts to be exempt from the Code chapter 33 411 retirement system. 34 Code section 419.4: Strikes a comma and the word “and” 35 -151- LSB 1950HC (23) 85 lh/rj 151/ 159
H.F. _____ to correct the syntax of an item in a numbered list and 1 redesignates and corrects punctuation in another enumerated 2 list to eliminate an unanchored unnumbered paragraph in this 3 provision governing the pledge of revenues to secure bonds 4 issued by a municipality. 5 Code section 421.24: Redesignates to eliminate an 6 unanchored unnumbered paragraph in this provision that defines 7 the terms “tax” and “taxes” and prohibits the enforcement of 8 interest rates or penalties on out-of-state taxes that exceed 9 the rates or penalties applicable to in-state taxes. 10 Code section 422.16: Replaces parentheses with commas in 11 this provision describing sanctions which may be imposed upon 12 domestic or foreign corporations that fail to properly withhold 13 tax from wages or other taxable Iowa income. 14 Code section 422.32: Strikes a redundant “division II,” in 15 language citing the subsections within Code section 422.4 that 16 contain definitions which apply within division III of Code 17 chapter 422. 18 Code section 422.33: Renumbers this provision that 19 describes the calculation of a research activities tax credit 20 that may be applied against corporate income tax to eliminate 21 an unanchored unnumbered paragraph and reuse a previously 22 reserved paragraph letter. 23 Code section 422.70: Enumerates the powers possessed by 24 the director of revenue when ascertaining the correctness of 25 a taxpayer’s return or estimating a taxpayer’s taxable income 26 or receipts by separating the components of the series into a 27 lettered list. 28 Code section 423.5: Renumbers this provision to anchor an 29 initial unnumbered paragraph that imposes an excise tax on the 30 purchase price or installed purchase price paid on the use of 31 certain property and to subsections which describe that type of 32 property, and to renumber the balance of the subsections that 33 relate to the administration of the tax. 34 Code section 426A.8: Changes the word “to” to “for” to 35 -152- LSB 1950HC (23) 85 lh/rj 152/ 159
H.F. _____ correct the grammar of language describing the military service 1 tax exemption. 2 Code section 426A.11: Changes a reference to “the First 3 World War” to a reference to “World War I” in language 4 describing a property tax credit for veterans of that world war 5 to conform the reference to other references to that world war 6 throughout the Code. 7 Code section 441.16: Corrects the punctuation in a series 8 describing the contents that must be listed within the combined 9 proposed budgets of the county assessor, the examining board, 10 and the board of review. 11 Code section 452A.2: Updates the term “per centum” to the 12 term “percent” in this definition of the term “motor fuel”. 13 Code section 455B.105: Combines two paragraphs to eliminate 14 an unanchored unnumbered paragraph within this subparagraph 15 relating to permits, conditional permits, and general permits 16 issued by the department of natural resources. 17 Code section 455B.516: Redesignates within this definition 18 of “toxics pollution prevention” to eliminate an unanchored 19 unnumbered paragraph after the first paragraph and to anchor 20 the succeeding list of items to what was the second unnumbered 21 paragraph. 22 Code section 456A.19: Numbers and letters paragraphs within 23 this provision relating to expenditures from the fish and game 24 protection fund by the department of natural resources. 25 Code section 459.202: Letters, to eliminate unanchored 26 unnumbered paragraphs within subsections and to anchor 27 the forms within these subsections to the paragraphs that 28 immediately precede the forms. 29 Code section 459.401: Corrects the punctuation in a 30 sentence describing the accounts that make up the animal 31 agriculture compliance fund administered by the department of 32 natural resources, by replacing a comma with a colon. 33 Code section 468.202: Replaces a dash with a colon to update 34 the punctuation in this provision regarding agreements between 35 -153- LSB 1950HC (23) 85 lh/rj 153/ 159
H.F. _____ the federal government and levee and drainage districts boards 1 to undertake repairs or alterations of existing levee and 2 drainage improvements for flood control. 3 Code section 468.309: Strikes a set of parentheses and adds 4 a comma in language regarding appeals by trustees or boards 5 of supervisors of existing levee and drainage districts from 6 actions taken by joint boards to establish a new intercounty 7 district. 8 Code section 476.6: Adds a subsection headnote to a 9 subsection concerning the possible construction of nuclear 10 generating facilities to this Code section relating to rate 11 regulation of public utilities. All other subsections within 12 the Code section have headnotes that reflect subsection 13 content. 14 Code section 476.53: Adds the word “this” before a citation 15 to Title XI of the Iowa Code in this provision describing 16 legislative intent regarding development of electric power 17 generating and transmission facilities. Code chapter 476 is 18 contained within Title XI of the Iowa Code. 19 Code section 490.850: Redesignates to eliminate an 20 unanchored unnumbered paragraph within a definition of 21 “official capacity” in the Code chapter regulating business 22 corporations. 23 Code section 493.9: Moves a modifying phrase that currently 24 appears in parentheses to a location which precedes the word 25 “stock” to eliminate the need for the parenthetical in this 26 provision regarding changes in stock from stock that have a par 27 value to stock that have no par value. 28 Code section 507C.28: Updates the term “per centum” to the 29 term “percent” in language describing one of the conditions 30 under which a preference, that would otherwise be deemed a 31 transfer of property for an antecedent debt by an insurer who 32 has filed a petition for liquidation or rehabilitation, may be 33 avoided by the liquidator. 34 Code section 508.36: Renumbers to eliminate unanchored 35 -154- LSB 1950HC (23) 85 lh/rj 154/ 159
H.F. _____ unnumbered paragraphs that appear in several provisions and to 1 complete Code section hierarchy in one provision within this 2 Code section concerning standard valuation of reserves of life 3 insurance policies and annuity and pure endowment contracts of 4 life insurance companies and certification of those reserves. 5 Code section 510.5: Letters an unanchored unnumbered 6 paragraph concerning canceling or refusing to renew policies 7 of insurance that appears at the end of an existing lettered 8 paragraph regarding appropriate underwriting guidelines for 9 contracts between managing general agents and insurers to 10 separate the two concepts. 11 Code section 511.8: Revises to provide complete citations 12 to two federal Acts in this definition of the term “United 13 States government-sponsored enterprise” in a Code chapter 14 pertaining to life insurance companies and associations. 15 Code section 515.13: Restructures a citation to Code 16 section 515.12, subsection 5, to facilitate electronic 17 hypertext linkage in this provision regarding an exception for 18 certain nonlife insurance companies from the requirements of 19 that Code subsection. 20 Code section 524.544: Replaces the parentheses with commas 21 in language describing reports required when purchases or 22 acquisitions of stock would result in a change in control of a 23 state bank or when 25 percent or more of the outstanding voting 24 shares of a state bank is used as security for any transaction. 25 Code section 524.904: Corrects noun-verb agreement in four 26 places in this provision relating to loans and extensions of 27 credit by a state bank to one borrower. 28 Code section 535B.1: Corrects noun-verb agreement to 29 conform to the style of definitions elsewhere in the Code in 30 this definition of the term “real estate closing services”. 31 Code sections 536.13 and 536A.31: Rewrites a series of 32 citations to portions of Code chapter 537, which contains the 33 consumer credit code, to improve readability and facilitate 34 electronic hypertext linkage to those provisions. 35 -155- LSB 1950HC (23) 85 lh/rj 155/ 159
H.F. _____ Code section 542B.35: Numbers as a subsection a former 1 lettered paragraph of subsection 2 which prohibits a person 2 who completes a real property inspection report from claiming 3 to be a licensed professional land surveyor or a licensed 4 professional engineer. The other paragraphs of subsection 5 2 describe statements that must be included within the real 6 property inspection report. 7 Code section 543B.5: Renumbers within a definition of 8 the term “material adverse fact” to eliminate the unanchored 9 paragraph which commences a subdefinition within the main 10 definition. 11 Code section 543B.46: Strikes the word “a” that appears 12 before the words “savings association” to correct the grammar 13 of the series that describes where a real estate broker is to 14 maintain the broker’s common trust account. 15 Code section 551.10: Supplies a missing indefinite article 16 before the word “Act” to correct the grammar of a provision 17 describing the remedies provided within the Code chapter 18 governing unfair discrimination as cumulative to other remedies 19 provided by law. 20 Code sections 554.2311 and 554.2319: Adds the word 21 “paragraph” before references to Code section lettered 22 paragraphs in these two provisions in the article pertaining to 23 sales of the uniform commercial code. 24 Code sections 554.3202, 554.3305, 554.3312, 554.3501, 25 554.3604, 554.3605, 554.9102, 554.13103, and 554.13527: 26 Strikes nonconforming Code subparagraph subdivision references 27 from within Code section text to conform these sections of the 28 uniform commercial code to regular Code section hierarchy and 29 inserts semicolons within series, where needed, to preserve the 30 separate elements of the series. 31 Code section 554.3311: In subsection 1 of this Code section, 32 strikes nonconforming Code subparagraph subdivision references 33 from Code section text to conform the provisions to regular 34 Code section hierarchy and in subsection 3, replaces the 35 -156- LSB 1950HC (23) 85 lh/rj 156/ 159
H.F. _____ nonconforming Code hierarchy with subparagraph designations, 1 and corrects an internal reference to what is redesignated as a 2 subparagraph. 3 Code section 554.3405: Enumerates, in accordance with 4 standard Code hierarchy, the possible types of transactions 5 that would constitute a “fraudulent endorsement” and strikes, 6 within the definition of “responsibility”, nonconforming Code 7 subparagraph subdivision references from within Code section 8 text. 9 Code section 554.12507: In subsection 3 of this Code 10 section, strikes nonconforming Code subparagraph subdivision 11 references from Code section text, redesignates the entire 12 subsection, and corrects internal references to provisions 13 that have been redesignated as subparagraphs to conform the 14 provision to regular Code section hierarchy. 15 Code section 554.13209: In subsection 2 of this Code 16 section, replaces nonconforming Code subparagraph subdivision 17 references with paragraph designations to conform the Code 18 subsection to regular Code section hierarchy. 19 Code section 554.13528: In subsection 1 of this Code 20 section, strikes nonconforming Code subparagraph subdivision 21 references from Code section text, reformats and redesignates 22 the subsection, and corrects an internal reference to a 23 provision that has been redesignated as a paragraph to conform 24 the provision to regular Code section hierarchy. 25 Code section 559.2: Replaces nonconforming Code 26 hierarchical elements with standard Code hierarchical elements 27 and reformats this provision defining what constitutes a “power 28 to appoint”. 29 Code section 559.6: Replaces nonconforming Code 30 hierarchical elements with standard Code hierarchical elements 31 and reformats this provision describing the persons to whom 32 a release or disclaimer of a power of appointment may be 33 delivered. 34 Code section 600A.4: Designates to eliminate unanchored 35 -157- LSB 1950HC (23) 85 lh/rj 157/ 159
H.F. _____ unnumbered paragraphs within this provision regarding reports 1 that shall and other information that may be provided regarding 2 the medical and social history of a person to be adopted to the 3 adoptive parents. 4 Code section 631.8: Strikes extraneous nonconforming Code 5 subparagraph references from within Code section text to 6 conform this provision pertaining to small claims to regular 7 Code section style and format. 8 Code section 633.224: Strikes an extraneous set of 9 parentheses within language regarding transfers of property as 10 an advancement. 11 Code section 633.352: Completes an internal reference to a 12 Code chapter division part by supplying the missing division 13 information in this provision that specifies that the uniform 14 principal and income Act does not apply to the allocation and 15 distribution of estate income unless otherwise provided in a 16 will. 17 Code sections 724.10 and 724.17: Corrects the name of the 18 national system used to perform criminal background checks 19 in these two provisions relating to permit applications for 20 firearms. The name of the system appears correctly in Code 21 sections 724.21A and 724.31. 22 Code section 805.6: Enumerates, in a formatted list, the 23 items for which spaces must or should be included on the 24 uniform citation and complaint form. 25 Code section 809A.3: Renumbers to conform the numbering 26 of this provision regarding conduct that will give rise to 27 forfeiture to the content of the Code section and corrects an 28 internal reference to renumbered provisions. 29 Code section 904.312: Numbers two unnumbered paragraphs as 30 subsections in this provision relating to purchases of supplies 31 by the director of the department of corrections. The current 32 second paragraph of this Code section contains a definition 33 which begins with the language “For the purposes of this 34 subsection…”. 35 -158- LSB 1950HC (23) 85 lh/rj 158/ 159
H.F. _____ Code section 915.82: Renumbers to eliminate an unanchored 1 unnumbered paragraph at the end of this provision describing 2 the membership of and member expense reimbursement for the 3 crime victim assistance board. 4 DIVISION II. The Code sections in this division are amended 5 by numbering, renumbering, designating, or redesignating 6 provisions within volume VI of the Code, and by changing 7 textual references as necessary. The purposes of the Code 8 changes are to conform the Code provisions to existing Code 9 section hierarchy by eliminating “unanchored” unnumbered 10 paragraphs within the Code sections to facilitate citation to 11 those Code sections. 12 DIVISION III. This division contains corrections to 13 internal references to Code sections that are numbered, 14 renumbered, designated, or redesignated in division II of this 15 bill. 16 DIVISION IV. This division contains a series of five Code 17 editor directives. The first two directives amend various 18 provisions within the uniform commercial code to strike 19 nonconforming Code subparagraph subdivision references from 20 within Code section text. The third and fourth directives 21 require the Code editor to number, renumber, designate, or 22 redesignate to eliminate unanchored unnumbered paragraphs 23 within Code sections that are scattered throughout volume VI of 24 the Code. Unlike the provisions in division II of this bill, 25 these provisions do not require textual reference or additional 26 internal reference corrections to perform the redesignations. 27 The fifth directive requires the Code editor to redesignate 28 three paragraphs to alphabetize the first three definitions of 29 a definitions Code section. 30 -159- LSB 1950HC (23) 85 lh/rj 159/ 159