House Study Bill 631 - 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 5492HC (1) 85 lh/rj
H.F. _____ DIVISION I 1 MISCELLANEOUS CHANGES 2 Section 1. Section 2.10, subsection 5, Code 2014, is amended 3 to read as follows: 4 5. a. In addition to the salaries and expenses authorized 5 by this section , a member of the general assembly shall be paid 6 a per diem, and necessary travel and actual expenses incurred 7 in attending meetings for which per diem or expenses are 8 authorized by law for members of the general assembly who serve 9 on statutory boards, commissions, or councils, and for standing 10 or interim committee or subcommittee meetings subject to the 11 provisions of section 2.14 , or when on authorized legislative 12 business when the general assembly is not in session. However, 13 if a member of the general assembly is engaged in authorized 14 legislative business at a location other than at the seat 15 of government during the time the general assembly is in 16 session, payment may be made for the actual transportation and 17 lodging costs incurred because of the business. Such per diem 18 or expenses shall be paid promptly from funds appropriated 19 pursuant to section 2.12 . 20 b. For purposes of this section , “per diem” means the 21 maximum amount generally allowable to employees of the 22 executive branch of the federal government for per diem while 23 away from home at the seat of government. 24 Sec. 2. Section 2.48, subsection 4, Code 2014, is amended 25 to read as follows: 26 4. Subsequent additional review. A tax expenditure or 27 incentive reviewed pursuant to subsection 3 shall be reviewed 28 again not more than five years after the tax expenditure or 29 incentive was most recently reviewed. 30 Sec. 3. Section 8.6, subsection 17, paragraphs c and d, Code 31 2014, are amended to read as follows: 32 c. (1) To establish, by rule, a customer council 33 responsible for overseeing the services provided solely by the 34 department of administrative services. The rules adopted shall 35 -1- LSB 5492HC (1) 85 lh/rj 1/ 104
H.F. _____ provide for all of the following: 1 (1) (a) The method of appointment of members to the council 2 by the governmental entities required to receive the services. 3 (2) (b) The duties of the customer council which shall be 4 as follows: 5 (a) (i) Annual review and approval of the department of 6 administrative services’ business plan regarding services 7 provided solely by the department of administrative services. 8 (b) (ii) Annual review and approval of the procedure 9 for resolving complaints concerning services provided by the 10 department of administrative services. 11 (c) (iii) Annual review and approval of the procedure 12 for setting rates for the services provided solely by the 13 department of administrative services. 14 (3) (c) A process for receiving input from affected 15 governmental entities as well as for a biennial review by the 16 customer council of the determinations made by the department 17 of which services are funded by an appropriation to the 18 department of administrative services and which services are 19 funded by the governmental entities receiving the service, 20 including any recommendations as to whether the department 21 of administrative services shall be the sole provider of a 22 service funded by the governmental entities receiving the 23 service. The department, in consultation with the department 24 of administrative services, may change the determination of 25 a service if it is determined that the change is in the best 26 interests of those governmental entities receiving the service. 27 d. (2) If a service to be provided may also be provided 28 to the judicial branch and legislative branch, then the rules 29 shall provide that the chief justice of the supreme court may 30 appoint a member to the customer council, and the legislative 31 council may appoint a member from the senate and a member from 32 the house of representatives to the customer council, in their 33 discretion. 34 Sec. 4. Section 10A.104, subsection 10, Code 2014, is 35 -2- LSB 5492HC (1) 85 lh/rj 2/ 104
H.F. _____ amended to read as follows: 1 10. Enter into and implement agreements or compacts between 2 the state of Iowa and Indian tribes located in the state which 3 are entered into under the authority of the Indian Gaming 4 Regulatory Act (25 , 25 U.S.C. § 2701 et seq.). seq. The 5 agreements or compacts shall contain provisions intended to 6 implement the policies and objectives of the Indian Gaming 7 Regulatory Act. 8 Sec. 5. Section 10A.105, subsection 3, Code 2014, is amended 9 to read as follows: 10 3. The state shall maintain records and materials related 11 to an agreement or compact entered into pursuant to the Indian 12 Gaming Regulatory Act (25 , 25 U.S.C. § 2701 et seq.) seq. , as 13 confidential records if confidentiality is required by the 14 terms of the agreement or compact. 15 Sec. 6. Section 13B.4B, subsection 2, paragraph b, 16 unnumbered paragraph 1, Code 2014, is amended to read as 17 follows: 18 Summary claims data may be released if the data contains 19 no does not contain information that is required to be kept 20 confidential pursuant to an attorney’s obligations under the 21 Iowa rules of professional conduct. Such summary data may 22 include: 23 Sec. 7. Section 15J.2, subsection 13, Code 2014, is amended 24 to read as follows: 25 13. “Substantially improved” means that the cost of the 26 improvements are is equal to or exceed exceeds fifty percent of 27 the assessed value of the property, excluding the land, prior 28 to such improvements. 29 Sec. 8. Section 16.1, subsection 1, paragraph x, Code 2014, 30 is amended to read as follows: 31 x. “Low or moderate income families” means families who 32 cannot afford to pay enough to cause private enterprise in 33 their locality to build an adequate supply of decent, safe, and 34 sanitary dwellings for their use, and also includes, but is not 35 -3- LSB 5492HC (1) 85 lh/rj 3/ 104
H.F. _____ limited to , (1) elderly the following: 1 (1) Elderly families, families in which one or more persons 2 are persons with disabilities, lower income families and very 3 low income families , and (2) families . 4 (2) Families purchasing or renting qualified residential 5 housing. 6 Sec. 9. Section 16.2A, subsection 1, Code 2014, is amended 7 to read as follows: 8 1. A title guaranty division is created within the 9 authority. The powers of the division relating to the issuance 10 of title guaranties are vested in and shall be exercised by 11 a division board of five members appointed by the governor 12 subject to confirmation by the senate. The membership of 13 the division board shall include an attorney, an abstractor, 14 a real estate broker, a representative of a mortgage lender, 15 and a representative of the housing development industry. The 16 executive director of the authority shall appoint an attorney 17 as director of the title guaranty division, who shall serve as 18 an ex officio member of the division board. The appointment of 19 and compensation for the division director are exempt from the 20 merit system provisions of chapter 8A, subchapter IV . 21 Sec. 10. Section 24.9, Code 2014, is amended to read as 22 follows: 23 24.9 Filing estimates —— notice of hearing —— amendments. 24 1. a. Each municipality shall file with the secretary or 25 clerk thereof the estimates required to be made in sections 26 24.3 to 24.8 , at least twenty days before the date fixed by 27 law for certifying the same to the levying board and shall 28 forthwith fix a date for a hearing thereon, and shall publish 29 such estimates and any annual levies previously authorized 30 as provided in section 76.2 , with a notice of the time when 31 and the place where such hearing shall be held not less than 32 ten nor more than twenty days before the hearing. Provided 33 that in municipalities of less than two hundred population 34 such estimates and the notice of hearing thereon shall be 35 -4- LSB 5492HC (1) 85 lh/rj 4/ 104
H.F. _____ posted in three public places in the district in lieu of 1 publication. For any other municipality such publication shall 2 be in a newspaper published therein, if any, if not, then in a 3 newspaper of general circulation therein. 4 For any other municipality such publication shall be in 5 a newspaper published therein, if any, if not, then in a 6 newspaper of general circulation therein. 7 b. The department of management shall prescribe the form for 8 public hearing notices for use by municipalities. 9 2. Budget estimates adopted and certified in accordance 10 with this chapter may be amended and increased as the need 11 arises to permit appropriation and expenditure during the 12 fiscal year covered by the budget of unexpended cash balances 13 on hand at the close of the preceding fiscal year and which 14 cash balances had not been estimated and appropriated for 15 expenditure during the fiscal year of the budget sought to 16 be amended, and also to permit appropriation and expenditure 17 during the fiscal year covered by the budget of amounts of cash 18 anticipated to be available during the year from sources other 19 than taxation and which had not been estimated and appropriated 20 for expenditure during the fiscal year of the budget sought 21 to be amended. Such amendments to budget estimates may be 22 considered and adopted at any time during the fiscal year 23 covered by the budget sought to be amended, by filing the 24 amendments and upon publishing them and giving notice of the 25 public hearing in the manner required in this section . Within 26 ten days of the decision or order of the certifying or levying 27 board, the proposed amendment of the budget is subject to 28 protest, hearing on the protest, appeal to the state appeal 29 board and review by that body, all in accordance with sections 30 24.27 to 24.32 , so far as applicable. A local budget shall be 31 amended by May 31 of the current fiscal year to allow time for a 32 protest hearing to be held and a decision rendered before June 33 30. An amendment of a budget after May 31 which is properly 34 appealed but without adequate time for hearing and decision 35 -5- LSB 5492HC (1) 85 lh/rj 5/ 104
H.F. _____ before June 30 is void. Amendments to budget estimates 1 accepted or issued under this section are not within section 2 24.14 . 3 Sec. 11. Section 28E.24, Code 2014, is amended to read as 4 follows: 5 28E.24 Revenue and tax levies. 6 1. a. The county board of supervisors shall certify to 7 the public safety commission the amount of revenue from the 8 county general fund credited to the unincorporated area in 9 the district based upon an average of revenues raised for law 10 enforcement purposes in the unincorporated area for the three 11 previous years. The public safety commission shall subtract 12 this amount from the amount of revenue to be contributed by 13 the unincorporated area. The difference is the amount of 14 additional revenue needed for unified law enforcement purposes. 15 b. In addition, the county board of supervisors and the 16 city council of each city in the district shall certify to 17 the public safety commission the amounts of revenue from the 18 county and from the city general fund credited to each city 19 in the district based upon an average of revenues raised for 20 law enforcement purposes in each city for the three previous 21 years. The public safety commission shall subtract the total 22 of these amounts from the amount of revenue to be contributed 23 by each city respectively. The difference for each city is the 24 amount of additional revenue needed for unified law enforcement 25 purposes. 26 2. The county board of supervisors and the council of each 27 city located within the district shall review the proposed 28 budget and upon the approval of the budget by the board 29 of supervisors and all city councils in the district, each 30 governing body shall determine the source of the additional 31 revenue needed for unified law enforcement purposes. If the 32 tax levy is approved as the source of revenue, the governing 33 body shall certify to the county auditor the amount of revenue 34 to be raised from the tax levy in either the unincorporated 35 -6- LSB 5492HC (1) 85 lh/rj 6/ 104
H.F. _____ area of the district or a city in the district. 1 3. If the tax rate in any of the cities or the 2 unincorporated area exceeds the limitations prescribed in 3 section 28E.22 , the public safety commission shall revise the 4 budget to conform with the tax limitations. 5 4. The county board of supervisors and the city council of 6 each city in the district shall deposit in the public safety 7 fund the amounts of revenue certified to the public safety 8 commission in this section based upon an average of revenues 9 raised for law enforcement purposes for the three previous 10 years. 11 5. If the average of revenues raised for law enforcement 12 purposes in the unincorporated area or a city for the previous 13 three years exceeds the amount of revenue needed for unified 14 law enforcement purposes, the unincorporated area or city is 15 only required to contribute the amount of revenue needed. 16 6. Taxes collected pursuant to the tax levies and other 17 moneys received from the county and cities in the district 18 shall be placed in a public safety fund and used only for the 19 operation of the district. Any unencumbered funds remaining 20 in the fund at the end of a fiscal year shall carry over to 21 the next fiscal year and may be used for the operation of the 22 district. 23 Sec. 12. Section 49.7, Code 2014, is amended to read as 24 follows: 25 49.7 Reprecincting schedule and filing requirements. 26 1. Where reprecincting is necessary, city councils 27 and county boards of supervisors or the temporary county 28 redistricting commission shall make any necessary changes 29 in precincts as soon as possible after the redistricting of 30 congressional and legislative districts becomes law. 31 2. a. City councils shall complete any changes in precinct 32 and ward boundaries necessary to comply with sections 49.3 33 and 49.5 not later than sixty days after the redistricting 34 of congressional and legislative districts becomes law, or 35 -7- LSB 5492HC (1) 85 lh/rj 7/ 104
H.F. _____ September 1 of the year immediately following each year in 1 which the federal decennial census is taken, whichever is 2 later. Different compliance dates may be set by the general 3 assembly by joint resolution. 4 b. County boards of supervisors or the temporary county 5 redistricting commission shall complete any changes in precinct 6 and supervisor district boundaries necessary to comply with 7 sections 49.3 , 49.4 , and 331.209 not later than ninety days 8 after the redistricting of congressional and legislative 9 districts becomes law, or October 15 of the year immediately 10 following each year in which the federal decennial census is 11 taken, whichever is later. Different compliance dates may be 12 set by the general assembly by joint resolution. 13 3. Each county board of supervisors or the temporary county 14 redistricting commission and city council shall immediately 15 notify the state commissioner and the commissioner when the 16 boundaries of election precincts are changed, and shall provide 17 a map showing the new boundary lines. Each county board or 18 the temporary county redistricting commission and city council 19 shall certify to the state commissioner the populations of 20 the new election precincts or retained election precincts as 21 determined by the latest federal decennial census. Materials 22 filed with the state commissioner shall be postmarked no later 23 than the deadline specified in this section . 24 4. If the state commissioner determines that a county 25 board or the temporary county redistricting commission or city 26 council has failed to make the required changes by the dates 27 specified by this section , the state commissioner shall make 28 or cause to be made the necessary changes as soon as possible. 29 The state commissioner shall assess to the county or city, as 30 the case may be, the expenses incurred in making the necessary 31 changes. The state commissioner may request the services 32 of personnel and materials available to the legislative 33 services agency to assist the state commissioner in making 34 required changes in election precincts which become the state 35 -8- LSB 5492HC (1) 85 lh/rj 8/ 104
H.F. _____ commissioner’s responsibility. 1 5. Precinct boundaries shall become effective on January 2 15 of the second year following the year in which the census 3 was taken and shall be used for all subsequent elections. 4 Precinct boundaries drawn by the state commissioner shall be 5 incorporated into the ordinances of the city or county. 6 6. Changes made to precincts in years other than the year 7 following the year in which the federal decennial census is 8 taken shall be filed with the state commissioner as soon as 9 possible. 10 Sec. 13. Section 49.64, Code 2014, is amended to read as 11 follows: 12 49.64 Number of ballots delivered. 13 The commissioner shall cause ballots of the kind to be voted 14 in each precinct to be delivered to the precinct election 15 officials as follows: in 16 1. In general elections which are presidential elections at 17 least fifty-five ballots for every fifty votes, or fraction of 18 fifty votes, cast in the precinct at the last preceding general 19 election which was also a presidential election ; and in . 20 2. In general elections which are not presidential 21 elections, at least fifty-five ballots for every fifty votes, 22 or fraction of fifty votes, cast at the last preceding general 23 election which was not a presidential election. 24 Sec. 14. Section 53.37, subsections 1, 2, and 4, Code 2014, 25 are amended to read as follows: 26 1. This division subchapter is intended to implement the 27 federal Uniform Uniformed and Overseas Citizens Absentee Voting 28 Act, 42 U.S.C. § 1973ff et seq. 29 2. The term “armed forces of the United States” , as used in 30 this division subchapter , shall mean the army, navy, marine 31 corps, coast guard, and air force of the United States. 32 4. For the purposes of this division subchapter , “qualified 33 voter” means a person who is included within the term “armed 34 forces of the United States” as described in this section , who 35 -9- LSB 5492HC (1) 85 lh/rj 9/ 104
H.F. _____ would be qualified to register to vote under section 48A.5, 1 subsection 2 , except for residency, and who is not disqualified 2 from registering to vote and voting under section 48A.6 . 3 Sec. 15. Section 70A.26, Code 2014, is amended to read as 4 follows: 5 70A.26 Disaster service volunteer leave. 6 An employee of an appointing authority who is a certified 7 disaster service volunteer of the American red cross may be 8 granted leave with pay from work for not more than fifteen 9 working days in any twelve-month period to participate in 10 disaster relief services for the American red cross at the 11 request of the American red cross for the services of that 12 employee and upon the approval of the employee’s appointing 13 authority without loss of seniority, pay, vacation time, 14 personal days, sick leave, insurance and health coverage 15 benefits, or earned overtime accumulation. The appointing 16 authority shall compensate an employee granted leave under this 17 section at the employee’s regular rate of pay for those regular 18 work hours during which the employee is absent from work. An 19 employee deemed to be on leave under this section shall not be 20 deemed to be an employee of the state for purposes of workers’ 21 compensation. An employee deemed to be on leave under this 22 section shall not be deemed to be an employee of the state for 23 purposes of the Iowa tort claims Act , chapter 669 . Leave under 24 this section shall be granted only for services relating to a 25 disaster in the state of Iowa. 26 Sec. 16. Section 70A.39, subsection 4, Code 2014, is amended 27 to read as follows: 28 4. An employee deemed to be on leave under this section 29 shall not be deemed to be an employee of the state for purposes 30 of workers’ compensation or for purposes of the Iowa tort 31 claims Act , chapter 669 . 32 Sec. 17. Section 73A.21, subsection 6, paragraph h, Code 33 2014, is amended to read as follows: 34 h. The commissioner shall require a contractor or 35 -10- LSB 5492HC (1) 85 lh/rj 10/ 104
H.F. _____ subcontractor to file, within ten days of receipt of a request, 1 any records enumerated in subsection 7 . If the contractor or 2 subcontractor fails to provide the requested records within ten 3 days, the commissioner may direct, within fifteen days after 4 the end of the ten-day period, that the fiscal or financial 5 office charged with the custody and disbursement of funds of 6 the public body that contracted for construction of the public 7 improvement or undertook the public improvement, to immediately 8 withhold from payment to the contractor or subcontractor 9 up to twenty-five percent of the amount to be paid to the 10 contractor or subcontractor under the terms of the contract 11 or written instrument under which the public improvement is 12 being performed. The amount withheld shall be immediately 13 released upon receipt by the public body of a notice from 14 the commissioner indicating that the request for records as 15 required by this section has been satisfied. 16 Sec. 18. Section 85.64, Code 2014, is amended to read as 17 follows: 18 85.64 Limitation of benefits. 19 1. If an employee who has previously lost, or lost the 20 use of, one hand, one arm, one foot, one leg, or one eye, 21 becomes permanently disabled by a compensable injury which has 22 resulted in the loss of or loss of use of another such member 23 or organ, the employer shall be liable only for the degree of 24 disability which would have resulted from the latter injury 25 if there had been no preexisting disability. In addition to 26 such compensation, and after the expiration of the full period 27 provided by law for the payments thereof by the employer, 28 the employee shall be paid out of the “Second Injury Fund” 29 created by this division subchapter the remainder of such 30 compensation as would be payable for the degree of permanent 31 disability involved after first deducting from such remainder 32 the compensable value of the previously lost member or organ. 33 2. Any benefits received by any such employee, or to which 34 the employee may be entitled, by reason of such increased 35 -11- LSB 5492HC (1) 85 lh/rj 11/ 104
H.F. _____ disability from any state or federal fund or agency, to which 1 said employee has not directly contributed, shall be regarded 2 as a credit to any award made against said second injury fund 3 as aforesaid. 4 Sec. 19. Section 88.5, subsection 3, paragraph b, 5 subparagraphs (3) and (4), Code 2014, are amended to read as 6 follows: 7 (3) A statement of the steps the employer has taken and will 8 take (with , with specific dates) dates, to protect employees 9 against the hazard covered by the standard. 10 (4) A statement of when the employer expects to be able 11 to comply with the standard and what steps the employer 12 has taken and what steps the employer will take (with , with 13 dates specified) specified, to come into compliance with the 14 standard. 15 Sec. 20. Section 89.4, subsection 1, paragraph k, 16 subparagraph (3), Code 2014, is amended to read as follows: 17 (3) Water temperature in the boiler does not exceed three 18 hundred fifty 350 degrees Fahrenheit. 19 Sec. 21. Section 96.3, subsection 5, paragraph a, Code 2014, 20 is amended to read as follows: 21 a. Duration of benefits. The maximum total amount of 22 benefits payable to an eligible individual during a benefit 23 year shall not exceed the total of the wage credits accrued 24 to the individual’s account during the individual’s base 25 period, or twenty-six times the individual’s weekly benefit 26 amount, whichever is the lesser. The director shall maintain 27 a separate account for each individual who earns wages in 28 insured work. The director shall compute wage credits for each 29 individual by crediting the individual’s account with one-third 30 of the wages for insured work paid to the individual during 31 the individual’s base period. However, the director shall 32 recompute wage credits for an individual who is laid off due to 33 the individual’s employer going out of business at the factory, 34 establishment, or other premises at which the individual was 35 -12- LSB 5492HC (1) 85 lh/rj 12/ 104
H.F. _____ last employed, by crediting the individual’s account with 1 one-half, instead of one-third, of the wages for insured work 2 paid to the individual during the individual’s base period. 3 Benefits paid to an eligible individual shall be charged 4 against the base period wage credits in the individual’s 5 account which have not been previously charged, in the inverse 6 chronological order as the wages on which the wage credits are 7 based were paid. However if the state “off indicator” “off” 8 indicator is in effect and if the individual is laid off due to 9 the individual’s employer going out of business at the factory, 10 establishment, or other premises at which the individual was 11 last employed, the maximum benefits payable shall be extended 12 to thirty-nine times the individual’s weekly benefit amount, 13 but not to exceed the total of the wage credits accrued to the 14 individual’s account. 15 Sec. 22. Section 96.11, subsection 10, paragraph b, Code 16 2014, is amended to read as follows: 17 b. In the administration of the provisions of section 18 96.29 which are enacted to conform with the requirements of 19 the Federal-State Extended Unemployment Compensation Act of 20 1970, the department shall take such action as may be necessary 21 to insure ensure that the provisions are so interpreted and 22 applied as to meet the requirements of such federal Act as 23 interpreted by the United States department of labor, and to 24 secure to this state the full reimbursement of the federal 25 share of extended benefits paid under this chapter that are 26 reimbursable under the federal Act. 27 Sec. 23. Section 99F.9, Code 2014, is amended to read as 28 follows: 29 99F.9 Wagering —— age restrictions. 30 1. Except as permitted in this section , the licensee shall 31 permit no form of wagering on gambling games. 32 2. Reserved. 33 3. 2. The licensee may receive wagers only from a person 34 present on a licensed excursion gambling boat, licensed 35 -13- LSB 5492HC (1) 85 lh/rj 13/ 104
H.F. _____ gambling structure, or in a licensed racetrack enclosure. 1 4. 3. The licensee shall exchange the money of each wagerer 2 for tokens, chips, or other forms of credit to be wagered on 3 the gambling games. However, nickels and quarters of legal 4 tender may be used for wagering in lieu of tokens or other 5 forms of credit. The licensee shall exchange the gambling 6 tokens, chips, or other forms of wagering credit for money at 7 the request of the wagerer. 8 5. 4. A person under the age of twenty-one years shall not 9 make or attempt to make a wager on an excursion gambling boat, 10 gambling structure, or in a racetrack enclosure and shall not 11 be allowed on the gaming floor of an excursion gambling boat 12 or gambling structure or in the wagering area, as defined in 13 section 99D.2 , or on the gaming floor of a racetrack enclosure. 14 However, a person eighteen years of age or older may be 15 employed to work on the gaming floor of an excursion gambling 16 boat or gambling structure or in the wagering area or on the 17 gaming floor of a racetrack enclosure. A person who violates 18 this subsection with respect to making or attempting to make 19 a wager commits a scheduled violation under section 805.8C, 20 subsection 5 , paragraph “a” . 21 6. 5. a. A person under the age of twenty-one years shall 22 not enter or attempt to enter the gaming floor or wagering 23 area, as defined in section 99D.2 , of a facility licensed under 24 this chapter to operate gambling games. 25 b. A person under the age of twenty-one years does not 26 violate this subsection if any of the following circumstances 27 apply: 28 (1) The person is employed to work at the facility. 29 (2) The person is an employee or agent of the commission, 30 the division, a distributor, or a manufacturer, and acting 31 within the scope of the person’s employment. 32 (3) The person is present in a racetrack enclosure and does 33 not enter or attempt to enter the gaming floor or wagering area 34 of the facility. 35 -14- LSB 5492HC (1) 85 lh/rj 14/ 104
H.F. _____ c. A person who violates this subsection commits a simple 1 misdemeanor punishable as a scheduled violation under section 2 805.8C, subsection 5 , paragraph “b” . 3 7. 6. A licensee shall not accept a credit card as defined 4 in section 537.1301, subsection 17 , to purchase coins, tokens, 5 or other forms of credit to be wagered on gambling games. 6 Sec. 24. Section 99F.11, subsection 3, paragraph d, 7 subparagraph (3), Code 2014, is amended to read as follows: 8 (3) One-half of the moneys remaining after the 9 appropriation in subparagraph (1) shall be credited, on a 10 quarterly basis, to the rebuild Iowa infrastructure fund 11 created in section 8.57 . 12 Sec. 25. Section 101A.7, Code 2014, is amended to read as 13 follows: 14 101A.7 Inspection of storage facility. 15 1. The licensee’s or permittee’s explosive storage facility 16 shall be inspected at least once a year by a representative of 17 the state fire marshal’s office, except that the state fire 18 marshal may, at those mining operations licensed and regulated 19 by the United States department of labor, accept an approved 20 inspection report issued by the United States department 21 of labor, mine safety and health administration, for the 22 twelve-month period following the issuance of the report. The 23 state fire marshal shall notify the appropriate city or county 24 governing board of licenses to be issued in their respective 25 jurisdictions pursuant to this chapter . The notification shall 26 contain the name of the applicant to be licensed, the location 27 of the facilities to be used in storing explosives, the types 28 and quantities of explosive materials to be stored, and other 29 information deemed necessary by either the governing boards 30 or the state fire marshal. The facility may be examined at 31 other times by the sheriff of the county where the facility is 32 located or by the local police authority if the facility is 33 located within a city of over ten thousand population and if 34 the sheriff or city council considers it necessary. 35 -15- LSB 5492HC (1) 85 lh/rj 15/ 104
H.F. _____ 2. If the state fire marshal finds the facility to be 1 improperly secured, the licensee or permittee shall immediately 2 correct the improper security and, if not so corrected, the 3 state fire marshal shall immediately confiscate the stored 4 explosives. Explosives may be confiscated by the county 5 sheriff or local police authority only if a situation that 6 is discovered during an examination by those authorities is 7 deemed to present an immediate danger. If the explosives are 8 confiscated by the county sheriff or local police authority, 9 they shall be delivered to the state fire marshal. The state 10 fire marshal shall hold confiscated explosives for a period of 11 thirty days under proper security unless the period of holding 12 is shortened pursuant to this section . 13 3. If the licensee or permittee corrects the improper 14 security within the thirty-day period, the explosives shall 15 be returned to the licensee or permittee after correction and 16 after the licensee or permittee has paid to the state an amount 17 equal to the expense incurred by the state in storing the 18 explosives during the period of confiscation. The amount of 19 expense shall be determined by the state fire marshal. 20 4. If the improper security is not corrected during the 21 thirty-day period, the state fire marshal shall dispose of the 22 explosives and the license or permit shall be canceled. A 23 canceled license or permit shall not be reissued for a period 24 of two years from the date of cancellation. 25 Sec. 26. Section 123.41, subsection 1, Code 2014, is amended 26 to read as follows: 27 1. Each application to obtain or renew a manufacturer’s 28 license shall be submitted to the division electronically, 29 or in a manner prescribed by the administrator, and shall be 30 accompanied by a fee of three hundred fifty dollars payable to 31 the division. The administrator may in accordance with this 32 chapter grant and issue to a manufacturer a manufacturer’s 33 license, valid for a one-year period after date of issuance, 34 to a manufacturer which shall allow the manufacture, storage, 35 -16- LSB 5492HC (1) 85 lh/rj 16/ 104
H.F. _____ and wholesale disposition and sale of alcoholic liquors to the 1 division and to customers outside of the state. 2 Sec. 27. Section 123.50, subsection 2, Code 2014, is amended 3 to read as follows: 4 2. The conviction of any liquor control licensee, wine 5 permittee, or beer permittee for a violation of any of the 6 provisions of section 123.49 , subject to subsection 3 of this 7 section , is grounds for the suspension or revocation of the 8 license or permit by the division or the local authority. 9 However, if any liquor control licensee is convicted of any 10 violation of section 123.49, subsection 2 , paragraph “a” , 11 “d” , or “e” , of that section, or any wine or beer permittee 12 is convicted of a violation of section 123.49, subsection 13 2, paragraph “a” or “e” of that section , the liquor control 14 license, wine permit, or beer permit shall be revoked and shall 15 immediately be surrendered by the holder, and the bond, if 16 any, of the license or permit holder shall be forfeited to the 17 division. 18 Sec. 28. Section 124.201, subsection 4, Code 2014, is 19 amended to read as follows: 20 4. If any new substance is designated as a controlled 21 substance under federal law and notice of the designation is 22 given to the board, the board shall similarly designate as 23 controlled the new substance under this chapter after the 24 expiration of thirty days from publication in the Federal 25 Register federal register of a final order designating a 26 new substance as a controlled substance, unless within that 27 thirty-day period the board objects to the new designation. In 28 that case the board shall publish the reasons for objection 29 and afford all interested parties an opportunity to be heard. 30 At the conclusion of the hearing the board shall announce its 31 decision. Upon publication of objection to a new substance 32 being designated as a controlled substance under this chapter 33 by the board, control under this chapter is stayed until the 34 board publishes its decision. If a substance is designated as 35 -17- LSB 5492HC (1) 85 lh/rj 17/ 104
H.F. _____ controlled by the board under this subsection the control shall 1 be temporary and if, within sixty days after the next regular 2 session of the general assembly convenes, the general assembly 3 has not made the corresponding changes in this chapter , the 4 temporary designation of control of the substance by the board 5 shall be nullified. 6 Sec. 29. Section 135.64, subsection 3, Code 2014, is amended 7 to read as follows: 8 3. In the evaluation of applications for certificates 9 of need submitted by the university hospital at of Iowa 10 City hospitals and clinics , the unique features of that 11 institution relating to statewide tertiary health care, health 12 science education, and clinical research shall be given due 13 consideration. Further, in administering this division , the 14 unique capacity of university hospitals for the evaluation 15 of technologically innovative equipment and other new health 16 services shall be utilized. 17 Sec. 30. Section 135.152, subsection 5, paragraph c, Code 18 2014, is amended to read as follows: 19 c. The department, in cooperation with the department of 20 human services, shall develop a standardized application form 21 for the program and shall coordinate the determination of 22 eligibility for the medical assistance and medically needy 23 programs under chapter 249A , and for the obstetrical and 24 newborn indigent patient care program. 25 Sec. 31. Section 135B.34, subsection 2, paragraph b, 26 subparagraph (1), Code 2014, is amended to read as follows: 27 (1) If a person being considered for employment, other than 28 employment involving the operation of a motor vehicle, has 29 been convicted of a crime listed in subparagraph (2) but does 30 not have a record of founded child or dependent adult abuse 31 and the hospital has requested an evaluation in accordance 32 with paragraph “a” to determine whether the crime warrants 33 prohibition of the person’s employment, the hospital may employ 34 the person for not more than sixty calendar days pending 35 -18- LSB 5492HC (1) 85 lh/rj 18/ 104
H.F. _____ completion of the evaluation. 1 Sec. 32. Section 137F.1, subsection 12, paragraph c, Code 2 2014, is amended to read as follows: 3 c. A food with a hydrogen ion concentration (pH) level of 4 4.6 or below when measured at twenty-four 24 degrees Centigrade 5 or seventy-five 75 degrees Fahrenheit. 6 Sec. 33. Section 163.4, Code 2014, is amended to read as 7 follows: 8 163.4 Powers of assistants. 9 Such assistant Assistant veterinarians shall have power, 10 under the direction of the department, to perform all acts 11 necessary to carry out the provisions of law relating to 12 infectious and contagious diseases among animals, and shall be 13 furnished by the department with the necessary supplies and 14 materials which shall be paid for out of the appropriation for 15 the eradication of infectious and contagious diseases among 16 animals. 17 Sec. 34. Section 163.5, Code 2014, is amended to read as 18 follows: 19 163.5 Oaths. 20 Such assistant Assistant veterinarians shall have power to 21 administer oaths and affirmations to appraisers acting under 22 this and the following chapters of this subtitle. 23 Sec. 35. Section 163.27, subsection 1, Code 2014, is amended 24 to read as follows: 25 1. Garbage shall not be fed to an animal unless such garbage 26 has been heated to a temperature of two hundred twelve 212 27 degrees Fahrenheit for thirty minutes, or other acceptable 28 method, as provided by rules adopted by the department. 29 However, this requirement shall not apply to an individual who 30 feeds to the individual’s own animals only the garbage obtained 31 from the individual’s own household. 32 Sec. 36. Section 175.5, unnumbered paragraph 1, Code 2014, 33 is amended to read as follows: 34 In the performance of its duties, implementation of its 35 -19- LSB 5492HC (1) 85 lh/rj 19/ 104
H.F. _____ powers, and the selection of specific programs and projects to 1 receive its assistance under this chapter , the authority shall 2 be guided by the following principles: 3 Sec. 37. Section 176A.10, subsection 2, Code 2014, is 4 amended to read as follows: 5 2. An extension council of an extension district may choose 6 to be subject to the levy and revenue limits specified in 7 subparagraphs (2) of subsection 1 , paragraphs paragraph “a” 8 through , subparagraph (2), paragraph “b” , subparagraph (2), 9 paragraph “c” , subparagraph (2), and paragraph “d” , subparagraph 10 (2) and subsection 1 , paragraph “e” , for the purpose of the 11 annual levy for the fiscal year commencing July 1, 1991, which 12 levy is payable in the fiscal year beginning July 1, 1992. 13 Before an extension district may be subject to the levy and 14 revenue limits specified in subparagraphs (2) of subsection 1 , 15 paragraphs paragraph “a” through , subparagraph (2), paragraph 16 “b” , subparagraph (2), paragraph “c” , subparagraph (2), and 17 paragraph “d” , subparagraph (2) and subsection 1 , paragraph 18 “e” , for fiscal years beginning on or after July 1, 1992, which 19 levy is payable in fiscal years beginning on or after July 1, 20 1993, the question of whether the district shall be subject to 21 the levy and revenue limits as specified in such paragraphs 22 must be submitted to the registered voters of the district. 23 The question shall be submitted at the time of a general 24 election. If the question is approved by a majority of those 25 voting on the question the levy and revenue limits specified 26 in subparagraphs (2) of subsection 1 , paragraphs paragraph “a” 27 through , subparagraph (2), paragraph “b” , subparagraph (2), 28 paragraph “c” , subparagraph (2), and paragraph “d” , subparagraph 29 (2) and subsection 1 , paragraph “e” , shall thereafter apply to 30 the extension district. The question need only be approved at 31 one general election. If a majority of those voting on the 32 question vote against the question, the district may continue 33 to submit the question at subsequent general elections until 34 approved. 35 -20- LSB 5492HC (1) 85 lh/rj 20/ 104
H.F. _____ Sec. 38. Section 185C.6, subsection 2, Code 2014, is amended 1 to read as follows: 2 2. Three board elected directors. Each such director shall 3 be elected by the board. The candidate receiving the highest 4 number of votes by the board shall be elected to represent the 5 state on an at-large basis. 6 Sec. 39. Section 189A.2, subsections 7 and 8, Code 2014, are 7 amended to read as follows: 8 7. “Federal Food, Drug, and Cosmetic Act” means the Act so 9 entitled, approved June 25, 1938 (52 , 52 Stat. 1040) 1040 , and 10 Acts amendatory thereof or supplementary thereto. 11 8. “Federal Meat Inspection Act” means the Act so entitled 12 approved March 4, 1907 (34 , 34 Stat. 1260) 1260 , as amended by 13 the Wholesome Meat Act (81 , 81 Stat. 584) 584 ; “Federal Poultry 14 Products Inspection Act” means the Act so entitled approved 15 August 28, 1957 (71 , 71 Stat. 441) 441 , as amended by the 16 Wholesome Poultry Products Act (82 , 82 Stat. 791) 791 ; and 17 “federal Acts” means these two federal laws. 18 Sec. 40. Section 196.8, subsection 1, Code 2014, is amended 19 to read as follows: 20 1. All eggs offered for sale to an establishment must be 21 no lower than United States department of agriculture consumer 22 grade “B”. From the time of candling and grading until they 23 reach the consumer, all eggs designated for human consumption 24 shall be held at a temperature not to exceed forty-five 25 45 degrees Fahrenheit or seven 7 degrees Celsius ambient 26 temperature. The forty-five 45 degrees Fahrenheit or seven 7 27 degrees Celsius ambient temperature requirement applies to any 28 place or room in which eggs are stored, except inside a vehicle 29 during transportation where the ambient temperature may exceed 30 forty-five 45 degrees Fahrenheit or seven 7 degrees Celsius, 31 provided the transport vehicle is equipped with refrigeration 32 units capable of delivering air at a temperature not greater 33 than forty-five 45 degrees Fahrenheit or seven 7 degrees 34 Celsius and capable of cooling the vehicle to a temperature 35 -21- LSB 5492HC (1) 85 lh/rj 21/ 104
H.F. _____ not greater than forty-five 45 degrees Fahrenheit or seven 7 1 degrees Celsius. All shell eggs shall be kept from freezing. 2 Sec. 41. Section 203C.3, subsection 7, Code 2014, is amended 3 to read as follows: 4 7. The actions of the department in connection with 5 petitioning for appointment as a receiver, and all actions 6 pursuant to such appointment shall not be subject to the 7 provisions of the administrative procedure Act , chapter 17A . 8 Sec. 42. Section 203C.28, Code 2014, is amended to read as 9 follows: 10 203C.28 Tariff rates. 11 1. A warehouse operator shall, at the time of application 12 for a license, file a tariff with the department which shall 13 contain rates to be charged for receiving, storage, and 14 load-out of grain. The tariff shall be posted in a conspicuous 15 place at the place of business of the licensee in a form 16 prescribed by the department and shall become effective at the 17 time the license becomes effective. 18 2. Storage charges shall commence on the date of delivery to 19 the warehouse. Storage, receiving, or load-out charges other 20 than those specified in the tariff may be made if the charge 21 is required by the terms of a written contract with the United 22 States government or any of its subdivisions or agencies. 23 3. Grain deposited with the warehouse for the sole purpose 24 of processing and redelivery to the depositor is subject only 25 to the charges listed under the grain bank section of the 26 tariff. Drying and cleaning of grain shall not be construed 27 as processing. 28 4. A tariff may be amended at any time and is effective 29 immediately, except that grain in store on the effective date 30 of a storage charge increase does not assume the increased rate 31 until the subsequent anniversary date of deposit. Any decrease 32 in storage rates shall be effective immediately and shall be 33 applicable to all grain in store on the effective date of the 34 decrease. 35 -22- LSB 5492HC (1) 85 lh/rj 22/ 104
H.F. _____ 5. A warehouse operator may file with the department and 1 publish the supplemental tariff applicable only to grain 2 meeting special descriptive standards or characteristics as 3 set forth in the supplemental tariff. A supplemental tariff 4 shall be in a form prescribed by the department and be posted 5 adjacent to the warehouse tariff. 6 6. All tariff charges shall be nondiscriminatory within 7 classes. 8 Sec. 43. Section 207.4, subsections 1 and 5, Code 2014, are 9 amended to read as follows: 10 1. a. Prior to beginning mining or removal of overburden 11 at mining site, an operator shall obtain a permit from the 12 division for the site. Application for a permit shall be made 13 upon a form provided by the division. The permit fee shall be 14 established by the division in an amount not to exceed the cost 15 of administering the permit provisions of this chapter . 16 b. The application shall include , but not be limited to: 17 a. (1) A legal description of the land where the site is 18 located and the estimated number of acres affected. 19 b. (2) A statement explaining the authority of the 20 applicant’s legal right to operate a mine on the land. 21 c. (3) A reclamation plan meeting the requirements of this 22 chapter . 23 d. (4) A determination by an appropriate state or federal 24 agency of the probable hydrologic consequences of the mining 25 and reclamation operations, both on and off the mine site, 26 with respect to the hydrologic regime, quantity, and quality 27 of water in surface and groundwater systems including the 28 dissolved and suspended solids under seasonal flow conditions 29 and the collection of sufficient data for the mine site and 30 surrounding areas so that an assessment can be made by the 31 division of the probable cumulative impacts of all anticipated 32 mining in the area upon the hydrology of the area and 33 particularly upon water availability. If the division finds 34 that the probable total annual production at all locations of 35 -23- LSB 5492HC (1) 85 lh/rj 23/ 104
H.F. _____ a coal mining operator will not exceed one hundred thousand 1 tons, the determination of probable hydrologic consequences and 2 a statement of the result of test borings on core samplings 3 which the division may require shall upon the written request 4 of the operator be performed by a qualified public or private 5 laboratory designated by the division and the cost of the 6 preparation of the determination and statement shall be assumed 7 by the division. 8 5. a. A permit renewal shall be for a term not to exceed 9 the period of the original permit. 10 b. Application for renewal shall be made at least one 11 hundred twenty days prior to the expiration of the permit. 12 Prior to the approval of a renewal of permit the division shall 13 provide notice to the appropriate public authorities. 14 Sec. 44. Section 215.20, subsections 1 and 2, Code 2014, are 15 amended to read as follows: 16 1. All liquefied petroleum gas, including but not limited 17 to propane, butane, and mixtures of them, shall be kept, 18 offered, exposed for sale, or sold by the pound, metered cubic 19 foot of vapor, defined as one cubic foot at sixty 60 degrees 20 Fahrenheit, or by the gallon, defined as two hundred thirty-one 21 cubic inches at sixty 60 degrees Fahrenheit. 22 2. All metered sales exceeding one hundred gallons 23 shall be corrected to a temperature of sixty 60 degrees 24 Fahrenheit through use of an approved meter with a sealed 25 automatic compensation mechanism. All sale tickets for sales 26 exceeding one hundred gallons shall show the stamped delivered 27 gallons and shall state that the temperature correction was 28 automatically made. 29 Sec. 45. Section 225C.12, subsection 2, Code 2014, is 30 amended to read as follows: 31 2. A county may claim reimbursement by filing with the 32 administrator a claim in a form prescribed by the administrator 33 by rule. Claims may be filed on a quarterly basis, and when 34 received shall be verified as soon as reasonably possible by 35 -24- LSB 5492HC (1) 85 lh/rj 24/ 104
H.F. _____ the administrator. The administrator shall certify to the 1 director of the department of administrative services the 2 amount to which each county claiming reimbursement is entitled, 3 and the director of the department of administrative services 4 shall issue warrants to the respective counties drawn upon 5 funds appropriated by the general assembly for the purpose of 6 this section . A county shall place funds received under this 7 section in the county mental health , intellectual disability, 8 and developmental disabilities services fund created under 9 section 331.424A . If the appropriation for a fiscal year is 10 insufficient to pay all claims arising under this section , the 11 director of the department of administrative services shall 12 prorate the funds appropriated for that year among the claimant 13 counties so that an equal proportion of each county’s claim is 14 paid in each quarter for which proration is necessary. 15 Sec. 46. Section 225C.32, Code 2014, is amended to read as 16 follows: 17 225C.32 Plan appeals process. 18 The department shall establish an appeals process by which 19 a mental health , intellectual disability, and developmental 20 disabilities services coordinating board or an affected party 21 may appeal a decision of the department or of the coordinating 22 board. 23 Sec. 47. Section 226.9C, subsection 2, paragraph a, Code 24 2014, is amended to read as follows: 25 a. A county may split the charges between the county’s 26 mental health , intellectual disability, and developmental 27 disabilities services fund created pursuant to section 331.424A 28 and the county’s budget for substance abuse expenditures. 29 Sec. 48. Section 227.2, subsection 2, Code 2014, is amended 30 to read as follows: 31 2. A copy of the written report prescribed by subsection 1 32 shall be furnished to the county board of supervisors, to the 33 county mental health and intellectual disability disabilities 34 services coordinating board or to its advisory board if 35 -25- LSB 5492HC (1) 85 lh/rj 25/ 104
H.F. _____ the county board of supervisors constitutes ex officio the 1 coordinating board, to the administrator of the county care 2 facility inspected and to its certified volunteer long-term 3 care ombudsman, and to the department on aging. 4 Sec. 49. Section 229.21, subsection 2, Code 2014, is amended 5 to read as follows: 6 2. When an application for involuntary hospitalization 7 under section 229.6 or for involuntary commitment or treatment 8 of persons with substance-related disorders under section 229.6 9 or 125.75 is filed with the clerk of the district court in any 10 county for which a judicial hospitalization referee has been 11 appointed, and no district judge, district associate judge, or 12 magistrate who is admitted to the practice of law in this state 13 is accessible, the clerk shall immediately notify the referee 14 in the manner required by section 229.7 or section 125.77 . The 15 referee shall discharge all of the duties imposed upon the 16 court by sections 229.7 to 229.22 or sections 125.75 to 125.94 17 in the proceeding so initiated. Subject to the provisions 18 of subsection 4 , orders issued by a referee, in discharge of 19 duties imposed under this section , shall have the same force 20 and effect as if ordered by a district judge. However, any 21 commitment to a facility regulated and operated under chapter 22 135C shall be in accordance with section 135C.23 . 23 Sec. 50. Section 231.23A, subsection 4, Code 2014, is 24 amended to read as follows: 25 4. The aging and disability resource center program . 26 Sec. 51. Section 232.7, subsection 2, Code 2014, is amended 27 to read as follows: 28 2. In any proceeding held or action taken under this chapter 29 involving an Indian child, the applicable requirements of the 30 federal Adoption and Safe Families Act of 1999 1997 , Pub. L. 31 No. 105-89, shall be applied to the proceeding or action in a 32 manner that complies with chapter 232B and the federal Indian 33 Child Welfare Act, Pub. L. No. 95-608. 34 Sec. 52. Section 232.175, Code 2014, is amended to read as 35 -26- LSB 5492HC (1) 85 lh/rj 26/ 104
H.F. _____ follows: 1 232.175 Placement oversight. 2 Placement oversight shall be provided pursuant to this 3 division when the parent, guardian, or custodian of a child 4 with an intellectual disability or other developmental 5 disability requests placement of the child in foster family 6 care for a period of more than thirty days. The oversight 7 shall be provided through review of the placement every six 8 months by the department’s foster care review committees or 9 by a local citizen foster care review board. Court oversight 10 shall be provided prior to the initial placement and at 11 periodic intervals which shall not exceed twelve months. It 12 is the purpose and policy of this division to ensure the 13 existence of oversight safeguards as required by the federal 14 Adoption Assistance and Child Welfare Act of 1980, Pub. L. No. 15 96-272, as codified in 42 U.S.C. § 671(a)(16), 627(a)(2)(B), 16 and 675(1),(5), while maintaining parental decision-making 17 authority. 18 Sec. 53. Section 232.178, subsection 1, Code 2014, is 19 amended to read as follows: 20 1. For a placement initiated on or after July 1, 1992, 21 the department shall file a petition to initiate a voluntary 22 placement proceeding prior to the child’s placement in 23 accordance with criteria established pursuant to the federal 24 Adoption Assistance and Child Welfare Act of 1980, Pub. L. No. 25 96-272, as codified in 42 U.S.C. § 627(a). For a placement 26 initiated before July 1, 1992, the department shall file a 27 petition to approve placement on or before September 1, 1992. 28 Sec. 54. Section 235A.18, subsection 1, paragraph a, 29 subparagraph (3), subparagraph division (b), Code 2014, is 30 amended to read as follows: 31 (b) Subparagraph division (a) shall not apply, and the 32 name of a person named in the initial data as having abused a 33 child shall remain in the registry as described in subparagraph 34 (1), if the department determined in the initial report 35 -27- LSB 5492HC (1) 85 lh/rj 27/ 104
H.F. _____ and disposition data that the person committed child abuse 1 as defined in section 232.68, subsection 2 , paragraph “a” , 2 subparagraph (1), (4), or (6), and the child abuse resulted in 3 the child’s death or a serious injury. 4 Sec. 55. Section 249A.26, subsection 8, Code 2014, is 5 amended to read as follows: 6 8. Notwithstanding section 8.39 , the department may 7 transfer funds appropriated for the medical assistance program 8 to a separate account established in the department’s case 9 management unit in an amount necessary to pay for expenditures 10 required to provide case management for mental health , 11 intellectual disability, and developmental disabilities 12 services under the medical assistance program which are jointly 13 funded by the state and county, pending final settlement of the 14 expenditures. Funds received by the case management unit in 15 settlement of the expenditures shall be used to replace the 16 transferred funds and are available for the purposes for which 17 the funds were originally appropriated. 18 Sec. 56. Section 252.13, Code 2014, is amended to read as 19 follows: 20 252.13 Recovery by county. 21 1. Any county having expended money for the assistance or 22 support of a poor person under this chapter , may recover the 23 money from any of the following: from 24 a. From the poor person if the person becomes able, or from 25 the person’s estate ; from . 26 b. From relatives by action brought within two years from 27 the payment of the assistance or support , from . 28 c. From the poor person by action brought within two years 29 after the person becomes able , and from . 30 d. From the person’s estate by filing the claim as provided 31 by law. 32 2. There shall be allowed against the person’s estate a 33 claim of the sixth class for that portion of the liability to 34 the county which exceeds the total amount of all claims of 35 -28- LSB 5492HC (1) 85 lh/rj 28/ 104
H.F. _____ the first through the fifth classes, inclusive, as defined in 1 section 633.425 , which are allowed against that estate. 2 Sec. 57. Section 252B.4, subsection 5, paragraph b, Code 3 2014, is amended to read as follows: 4 b. A foreign reciprocating country or foreign country with 5 which the state has an arrangement as provided in 42 U.S.C. 6 § 659A §659a . 7 Sec. 58. Section 252B.13A, subsection 2, paragraph a, Code 8 2014, is amended to read as follows: 9 a. The collection services center shall meet the 10 requirements for a state disbursement unit pursuant to 42 11 U.S.C. § 654B §654b , section 252B.14 , and this section by 12 October 1, 1999. 13 Sec. 59. Section 252B.13A, subsection 2, paragraph b, 14 subparagraph (4), Code 2014, is amended to read as follows: 15 (4) Furnishing, upon request, timely information on the 16 current status of support payments as provided in 42 U.S.C. 17 § 654B(b)(4) §654b(b)(4) , in a manner consistent with state 18 law. 19 Sec. 60. Section 252B.24, subsection 1, unnumbered 20 paragraph 1, Code 2014, is amended to read as follows: 21 Beginning October 1, 1998, the unit shall operate a state 22 case registry to the extent determined by applicable time 23 frames and other provisions of 42 U.S.C. § 654A(e) §654a(e) 24 and this section . The unit and the judicial branch shall 25 enter into a cooperative agreement for the establishment and 26 operation of the registry by the unit. The state case registry 27 shall include records with respect to all of the following: 28 Sec. 61. Section 252B.24, subsection 2, paragraphs a and c, 29 Code 2014, are amended to read as follows: 30 a. Provision to the unit of information, orders, and 31 documents necessary for the unit to meet requirements described 32 in 42 U.S.C. § 654A(e) §654a(e) and this section . 33 c. Use of automation, as appropriate, to meet the 34 requirements described in 42 U.S.C. § 654A(e) §654a(e) and this 35 -29- LSB 5492HC (1) 85 lh/rj 29/ 104
H.F. _____ section . 1 Sec. 62. Section 256.35, Code 2014, is amended to read as 2 follows: 3 256.35 Regional autism assistance program. 4 The department shall establish a regional autism assistance 5 program, to be administered by the child health specialty 6 clinic clinics of the university of Iowa hospitals and clinics. 7 The program shall be designed to coordinate educational, 8 medical, and other human services for persons with autism, 9 their parents, and providers of services to persons with 10 autism. The function of the program shall include, but is 11 not limited to, the coordination of diagnostic and assessment 12 services, the maintaining of a research base, coordination 13 of in-service training, providing technical assistance, and 14 providing consultation. 15 Sec. 63. Section 256.39, subsection 2, paragraph a, Code 16 2014, is amended to read as follows: 17 a. Measure Measurement of the employability skills of 18 students. Employability skills shall include, but are not 19 limited to, reading for information, applied mathematics, 20 listening, and writing. 21 Sec. 64. Section 256F.2, subsection 6, Code 2014, is amended 22 to read as follows: 23 6. “Innovation zone consortium” means a consortium of two or 24 more school districts and an area education agency in which one 25 or more of the school districts is are located, that receives 26 approval to establish an innovation zone school pursuant to 27 this chapter . In addition, the innovation zone consortium 28 may receive technical assistance from an accredited higher 29 education institution. 30 Sec. 65. Section 257.31, subsection 14, paragraph b, 31 subparagraph (2), Code 2014, is amended to read as follows: 32 (2) There is appropriated from the general fund of the 33 state to the school budget review committee for each fiscal 34 year an amount equal to the state aid portion of five percent 35 -30- LSB 5492HC (1) 85 lh/rj 30/ 104
H.F. _____ of the receipts for special education instruction programs in 1 all districts that has have a positive balance determined under 2 paragraph “a” for the base year, or the state aid portion of all 3 of the positive balances determined under paragraph “a” for the 4 base year, whichever is less, to be used for supplemental aid 5 payments to school districts. Except as otherwise provided in 6 this lettered paragraph “b” , supplemental aid paid to a district 7 is equal to the state aid portion of the district’s negative 8 balance. The school budget review committee shall direct the 9 director of the department of management to make the payments 10 to school districts under this lettered paragraph “b” . 11 Sec. 66. Section 258.16, subsection 3, paragraph c, Code 12 2014, is amended to read as follows: 13 c. Provide for development of a five-year plan addressing 14 the delivery of quality vocational education instructional 15 programs pursuant to section 256.11, subsection 4 , and section 16 256.11, subsection 5 , paragraph “h” , and section 260C.14, 17 subsection 1 . The plan shall be updated annually. 18 Sec. 67. Section 260C.18A, subsection 2, paragraph c, Code 19 2014, is amended to read as follows: 20 c. For the development and implementation of career 21 academies designed to provide new career preparation 22 opportunities for high school students that are formally 23 linked with postsecondary career and technical education 24 programs. For purposes of this section , “career academy” 25 means a program of study that combines a minimum of two 26 years of secondary education with an associate degree, or the 27 equivalent, career preparatory program in a nonduplicative, 28 sequential course of study that is standards based, integrates 29 academic and technical instruction, utilizes work-based and 30 worksite learning where appropriate and available, utilizes an 31 individual career planning process with parent involvement, 32 and leads to an associate degree or postsecondary diploma or 33 certificate in a career field that prepares an individual for 34 entry and advancement in a high-skill and reward career field 35 -31- LSB 5492HC (1) 85 lh/rj 31/ 104
H.F. _____ and further education. The state board, in conjunction with 1 the division of community colleges and workforce preparation 2 of the department of education , shall adopt administrative 3 rules for the development and implementation of such career 4 academies pursuant to section 256.11, subsection 5 , paragraph 5 “h” , section 260C.1 , and Tit. II of Pub. L. No. 105-332, Carl D. 6 Perkins Vocational and Technical Education Act of 1998. 7 Sec. 68. Section 260C.58, Code 2014, is amended to read as 8 follows: 9 260C.58 Bonds or notes. 10 1. To pay all or any part of the cost of carrying out any 11 project at any institution the board is authorized to borrow 12 money and to issue and sell negotiable bonds or notes and to 13 refund and refinance bonds or notes issued for any project or 14 for refunding purposes at a lower rate, the same rate, or a 15 higher rate or rates of interest and from time to time as often 16 as the board shall find it to be advisable and necessary so 17 to do. Bonds or notes issued by the board for residence hall 18 or dormitory purposes at any institution, including dining 19 or other facilities and additions, or issued for refunding 20 purposes, may either be sold in the manner specified for the 21 selling of certificates under section 260E.6 and the proceeds 22 applied to the payment of the obligations being refunded, 23 or the refunding bonds or notes may be exchanged for and in 24 payment and discharge of the obligations being refunded. A 25 finding by the board in the resolution authorizing the issuance 26 of the refunding bonds or notes, that the bonds or notes being 27 refunded were issued for a purpose specified in this division 28 subchapter and constitute binding obligations of the board, 29 shall be conclusive and may be relied upon by any holder of 30 any refunding bond or note issued under the provisions of this 31 division subchapter . The refunding bonds or notes may be sold 32 or exchanged in installments at different times or an entire 33 issue or series may be sold or exchanged at one time. Any issue 34 or series of refunding bonds or notes may be exchanged in part 35 -32- LSB 5492HC (1) 85 lh/rj 32/ 104
H.F. _____ or sold in parts in installments at different times or at one 1 time. The refunding bonds or notes may be sold or exchanged 2 at any time on, before, or after the maturity of any of the 3 outstanding notes, bonds or other obligations to be refinanced 4 thereby and may be issued for the purpose of refunding a like 5 or greater principal amount of bonds or notes, except that the 6 principal amount of the refunding bonds or notes may exceed 7 the principal amount of the bonds or notes to be refunded to 8 the extent necessary to pay any premium due on the call of the 9 bonds or notes to be refunded, to fund interest in arrears or 10 about to become due, or to allow for sufficient funding of the 11 escrow account on the bonds to be refunded. 12 2. All bonds or notes issued under the provisions of this 13 division subchapter shall be payable from and shall be secured 14 by an irrevocable first lien pledge of a sufficient portion 15 of the following: the net rents, profits and income derived 16 from the operation of residence halls, dormitories, dining or 17 other incidental facilities and additions, including necessary 18 real and personal property, acquired or improved in whole or 19 in part with the proceeds of such bonds or notes, regardless 20 of the manner of such acquisition or improvement; and the 21 net rents, profits and income not pledged for other purposes 22 derived from the operation of any other residence halls or 23 dormitories, including dining or other incidental facilities 24 and additions, at the particular institution. In addition, the 25 board may secure any bonds or notes issued by borrowing money, 26 by mortgaging any real estate or improvements erected on real 27 estate, or by pledging rents, profits, and income received from 28 property for the discharge of mortgages. All bonds or notes 29 issued under the provisions of this division subchapter shall 30 have all the qualities of negotiable instruments under the laws 31 of this state. 32 Sec. 69. Section 260C.62, Code 2014, is amended to read as 33 follows: 34 260C.62 Accounts. 35 -33- LSB 5492HC (1) 85 lh/rj 33/ 104
H.F. _____ 1. A certified copy of each resolution providing for the 1 issuance of bonds or notes under this division subchapter shall 2 be filed with the treasurer of the institution on behalf of 3 which the bonds or notes are issued and the treasurer shall 4 keep and maintain separate accounts for each issue of bonds 5 or notes in accordance with the covenants and directions 6 set out in the resolution providing for the issuance of the 7 bonds or notes. All rates, fees, or rentals collected for 8 the use of and services provided by the residence halls and 9 dormitories, including dining and other incidental facilities, 10 at each institution shall be held in trust by the treasurer, 11 separate and apart from all other funds, to be used only for 12 the purposes specified in this division subchapter and as may 13 be required and provided for by the proceedings of the board 14 authorizing the issuance of bonds or notes. The treasurer of 15 each institution shall disburse funds from the proper account 16 for the payment of the principal of and interest on the bonds 17 or notes in accordance with the directions and covenants of the 18 resolution authorizing the issuance of the bonds or notes. 19 2. If the amount of bonds or notes issued under this chapter 20 exceeds the actual costs of the projects for which the bonds or 21 notes were issued, the amount of the difference shall be used 22 to pay the principal and interest due on bonds or notes issued 23 under this chapter . 24 Sec. 70. Section 260F.6, subsection 2, Code 2014, is amended 25 to read as follows: 26 2. To provide funds for the present payment of the costs 27 of a training program by the business, the community college 28 may provide to the business an advance of the moneys to be used 29 to pay for the program costs as provided in the agreement. To 30 receive the funds for this advance from the job training fund 31 established in subsection 1 , the community college shall submit 32 an application to the economic development authority. The 33 amount of the advance shall not exceed fifty thousand dollars 34 for any business site, or one hundred thousand dollars within 35 -34- LSB 5492HC (1) 85 lh/rj 34/ 104
H.F. _____ a three-fiscal-year period for any business site. If the 1 project involves a consortium of businesses, the maximum award 2 per project shall not exceed one hundred thousand dollars. 3 Participation in a consortium does not affect a business 4 site’s eligibility for individual project assistance. Prior 5 to approval a business shall agree to match program amounts in 6 accordance with criteria established by the authority. 7 Sec. 71. Section 260F.6B, Code 2014, is amended to read as 8 follows: 9 260F.6B High technology apprenticeship program. 10 The community colleges and the economic development 11 authority are authorized to fund high technology apprenticeship 12 programs which comply with the requirements specified in 13 section 260C.44 and which may include both new and statewide 14 apprenticeship programs. Notwithstanding the provisions 15 of section 260F.6, subsection 2 , relating to maximum award 16 amounts, moneys allocated to the community colleges with high 17 technology apprenticeship programs shall be distributed to the 18 community colleges based upon contact hours under the programs 19 administered during the prior fiscal year as determined by the 20 department of education. The economic development authority 21 shall adopt rules governing this section ’s operation and 22 participant eligibility. 23 Sec. 72. Section 260F.7, Code 2014, is amended to read as 24 follows: 25 260F.7 Economic development authority Authority to 26 coordinate. 27 The economic development authority, in consultation with 28 the department of education and the department of workforce 29 development, shall coordinate the jobs training program. A 30 project shall not be funded under this chapter unless the 31 economic development authority approves the project. The 32 authority shall adopt rules pursuant to chapter 17A governing 33 the program’s operation and eligibility for participation in 34 the program. The authority shall establish by rule criteria 35 -35- LSB 5492HC (1) 85 lh/rj 35/ 104
H.F. _____ for determining what constitutes an eligible business. 1 Sec. 73. Section 261.19, subsections 1 and 2, Code 2014, are 2 amended to read as follows: 3 1. A health care professional recruitment program is 4 established to be administered by the college student aid 5 commission for Des Moines university —— osteopathic medical 6 center . The program shall consist of a loan repayment program 7 for health care professionals. The commission shall regularly 8 adjust the service requirement under each aspect of the program 9 to provide, to the extent possible, an equal financial benefit 10 for each period of service required. 11 2. A health care professional shall be eligible for the 12 loan repayment program if the health care professional agrees 13 to practice in an eligible rural community in this state. Des 14 Moines university —— osteopathic medical center shall recruit 15 and place health care professionals in rural communities which 16 have agreed to provide additional funds for the recipient’s 17 loan repayment. The contract for the loan repayment shall 18 stipulate the time period the recipient shall practice in an 19 eligible rural community in this state. In addition, the 20 contract shall stipulate that the recipient repay any funds 21 paid on the recipient’s loan by the commission if the recipient 22 fails to practice in an eligible rural community in this state 23 for the required period of time. 24 Sec. 74. Section 262.57, Code 2014, is amended to read as 25 follows: 26 262.57 Bonds or notes. 27 1. To pay all or any part of the cost of carrying out any 28 project at any institution the board is authorized to borrow 29 money and to issue and sell negotiable bonds or notes and 30 to refund and refinance bonds or notes heretofore issued or 31 as may be hereafter issued for any project or for refunding 32 purposes at a lower rate, the same rate, or a higher rate or 33 rates of interest and from time to time as often as the board 34 shall find it to be advisable and necessary so to do. Such 35 -36- LSB 5492HC (1) 85 lh/rj 36/ 104
H.F. _____ bonds or notes may be sold by said board at public sale in 1 the manner prescribed by chapter 75 , but if the board shall 2 find it to be advantageous and in the public interest to do 3 so, such bonds or notes may be sold by the board at private 4 sale without published notice of any kind and without regard 5 to the requirements of chapter 75 in such manner and upon such 6 terms as may be prescribed by the resolution authorizing the 7 same. Bonds or notes issued to refund other bonds or notes 8 heretofore or hereafter issued by the board for residence hall 9 or dormitory purposes at any institution, including dining or 10 other facilities and additions, or heretofore or hereafter 11 issued for refunding purposes, may either be sold in the 12 manner hereinbefore specified and the proceeds thereof applied 13 to the payment of the obligations being refunded, or the 14 refunding bonds or notes may be exchanged for and in payment 15 and discharge of the obligations being refunded, and a finding 16 by the board in the resolution authorizing the issuance of 17 such refunding bonds or notes that the bonds or notes being 18 refunded were issued for a purpose specified in this division 19 subchapter and constitute binding obligations of the board 20 shall be conclusive and may be relied upon by any holder of 21 any refunding bond or note issued under the provisions of this 22 division subchapter . The refunding bonds or notes may be sold 23 or exchanged in installments at different times or an entire 24 issue or series may be sold or exchanged at one time. Any issue 25 or series of refunding bonds or notes may be exchanged in part 26 or sold in parts in installments at different times or at one 27 time. The refunding bonds or notes may be sold or exchanged 28 at any time on, before, or after the maturity of any of the 29 outstanding notes, bonds, or other obligations to be refinanced 30 thereby and may be issued for the purpose of refunding a like 31 or greater principal amount of bonds or notes, except that the 32 principal amount of the refunding bonds or notes may exceed 33 the principal amount of the bonds or notes to be refunded to 34 the extent necessary to pay any premium due on the call of the 35 -37- LSB 5492HC (1) 85 lh/rj 37/ 104
H.F. _____ bonds or notes to be refunded or to fund interest in arrears or 1 about to become due. 2 2. All bonds or notes issued under the provision of this 3 division subchapter shall be payable solely and only from and 4 shall be secured by an irrevocable pledge of a sufficient 5 portion of the net rents, profits and income derived from the 6 operation of residence halls, dormitories, dining or other 7 incidental facilities and additions, including necessary real 8 and personal property, acquired or improved in whole or in part 9 with the proceeds of such bonds or notes, regardless of the 10 manner of such acquisition or improvement, and the net rents, 11 profits and income not pledged for other purposes derived from 12 the operation of any other residence halls or dormitories, 13 including dining or other incidental facilities and additions, 14 at the particular institution. All bonds or notes issued under 15 the provisions of this division subchapter shall have all the 16 qualities of negotiable instruments under the laws of this 17 state. 18 Sec. 75. Section 262.61, Code 2014, is amended to read as 19 follows: 20 262.61 Accounts. 21 1. A certified copy of each resolution providing for the 22 issuance of bonds or notes under this division subchapter shall 23 be filed with the treasurer of the institution on behalf of 24 which the bonds or notes are issued and it shall be the duty 25 of said treasurer to keep and maintain separate accounts for 26 each issue of bonds or notes in accordance with the covenants 27 and directions set out in the resolution providing for the 28 issuance thereof. All rates, fees or rentals collected for 29 the use of and services provided by the residence halls and 30 dormitories, including dining and other incidental facilities 31 therefor, at each institution shall be held in trust by the 32 treasurer thereof, separate and apart from all other funds, 33 to be used solely and only for the purposes specified in this 34 division subchapter and as may be required and provided for 35 -38- LSB 5492HC (1) 85 lh/rj 38/ 104
H.F. _____ by the proceedings of the board authorizing the issuance of 1 bonds or notes. It shall be the duty of the treasurer of each 2 institution to disburse funds from the proper account for 3 the payment of the principal of and interest on the bonds or 4 notes in accordance with the directions and covenants of the 5 resolution authorizing the issuance thereof. 6 2. If the amount of bonds or notes issued under this chapter 7 exceeds the actual costs of the projects for which the bonds or 8 notes were issued, the amount of the difference shall be used 9 to pay the principal and interest due on bonds or notes issued 10 under this chapter . 11 Sec. 76. Section 275.23A, subsection 2, Code 2014, is 12 amended to read as follows: 13 2. Following each federal decennial census the school 14 board shall determine whether the existing director district 15 boundaries meet the standards in subsection 1 according to 16 the most recent federal decennial census. In addition to the 17 authority granted to voters to change the number of directors 18 or method of election as provided in sections 275.35 , 275.36 , 19 and 278.1 , the board of directors of a school district may, 20 following a federal decennial census, by resolution and in 21 accordance with this section , authorize a change in the method 22 of election as set forth in section 275.12, subsection 2 , or 23 a change to either five or seven directors after the board 24 conducts a hearing on the resolution. If the board proposes to 25 change the number of directors from seven to five directors, 26 the resolution shall include a plan for reducing the number 27 of directors. If the board proposes to increase the number 28 of directors to seven directors, two directors shall be 29 added according to the procedure described in section 277.23, 30 subsection 2 . If necessary, the board of directors shall 31 redraw the director district boundaries. The director district 32 boundaries shall be described in the resolution adopted by 33 the school board. The resolution shall be adopted no earlier 34 than November 15 of the second year immediately following the 35 -39- LSB 5492HC (1) 85 lh/rj 39/ 104
H.F. _____ year in which the federal decennial census is taken nor and 1 no later than May 15 of the third year immediately following 2 the year in which the federal decennial census is taken. 3 A copy of the plan shall be filed with the area education 4 agency administrator of the area education agency in which the 5 school’s electors reside. If the board does not provide for 6 an election as provided in sections 275.35 , 275.36 , and 278.1 7 and adopts a resolution to change the number of directors or 8 method of election in accordance with this subsection , the 9 district shall change the number of directors or method of 10 election as provided unless, within twenty-eight days following 11 the action of the board, the secretary of the board receives a 12 petition containing the required number of signatures, asking 13 that an election be called to approve or disapprove the action 14 of the board in adopting the resolution. The petition must be 15 signed by eligible electors equal in number to not less than 16 one hundred or thirty percent of the number of voters at the 17 last preceding regular school election, whichever is greater. 18 The board shall either rescind its action or direct the 19 county commissioner of elections to submit the question to the 20 registered voters of the school district at an election held 21 on a date specified in section 39.2, subsection 4 , paragraph 22 “c” . If a majority of those voting on the question at the 23 election favors disapproval of the action of the board, the 24 district shall not change the number of directors or method of 25 election. If a majority of those voting on the question does 26 not favor disapproval of the action, the board shall certify 27 the results of the election to the department of management and 28 the district shall change the number of directors or method of 29 election as provided in this subsection . At the expiration of 30 the twenty-eight-day period, if no petition is filed, the board 31 shall certify its action to the department of management and 32 the district shall change the number of directors or method of 33 election as provided in this subsection . 34 Sec. 77. Section 297.36, Code 2014, is amended to read as 35 -40- LSB 5492HC (1) 85 lh/rj 40/ 104
H.F. _____ follows: 1 297.36 Loan agreements. 2 1. a. In order to make immediately available proceeds of 3 the voter-approved physical plant and equipment levy which 4 has been approved by the voters as provided in section 298.2 , 5 the board of directors may, with or without notice, borrow 6 money and enter into loan agreements in anticipation of the 7 collection of the tax with a bank, investment banker, trust 8 company, insurance company, or insurance group. 9 b. By resolution, the board shall provide for an annual levy 10 which is within the limits of the voter-approved physical plant 11 and equipment levy to pay for the amount of the principal and 12 interest due each year until maturity. The board shall file 13 a certified copy of the resolution with the auditor of each 14 county in which the district is located. The filing of the 15 resolution with the auditor makes it the duty of the auditor 16 to annually levy the amount certified for collection until 17 funds are realized to repay the loan and interest on the loan 18 in full. 19 c. The loan must mature within the period of time authorized 20 by the voters and shall bear interest at a rate which does not 21 exceed the limits under chapter 74A . A loan agreement entered 22 into pursuant to this section shall be in a form as the board 23 of directors shall by resolution provide and the loan shall be 24 payable as to both principal and interest from the proceeds 25 of the annual levy of the voter-approved physical plant and 26 equipment levy, or so much thereof as will be sufficient to pay 27 the loan and interest on the loan. 28 d. The proceeds of a loan must be deposited in the physical 29 plant and equipment levy fund. Warrants paid from this fund 30 must be for purposes authorized for the voter-approved physical 31 plant and equipment levy. 32 2. This section does not limit the authority of the board 33 of directors to levy the full amount of the voter-approved 34 physical plant and equipment levy, but if and to whatever 35 -41- LSB 5492HC (1) 85 lh/rj 41/ 104
H.F. _____ extent the tax is levied in any year in excess of the amount 1 of principal and interest falling due in that year under a 2 loan agreement, the first available proceeds, to an amount 3 sufficient to meet maturing installments of principal and 4 interest under the loan agreement, shall be paid into the 5 debt service fund for the loan before the taxes are otherwise 6 made available to the school corporation for other school 7 purposes, and the amount required to be annually set aside to 8 pay principal of and interest on the money borrowed under the 9 loan agreement constitutes a first charge upon the proceeds of 10 the voter-approved physical plant and equipment levy, which tax 11 shall be pledged to pay the loan and the interest on the loan. 12 3. This section is supplemental and in addition to existing 13 statutory authority to finance the purposes specified in 14 section 298.2 for the physical plant and equipment levy, and 15 for the borrowing of money and execution of loan agreements in 16 connection with that section, and is not subject to any other 17 law. The fact that a school corporation may have previously 18 borrowed money and entered into loan agreements under authority 19 of this section does not prevent the school corporation from 20 borrowing additional money and entering into further loan 21 agreements if the aggregate of the amount payable under all 22 of the loan agreements does not exceed the proceeds of the 23 voter-approved physical plant and equipment levy. 24 Sec. 78. Section 312.2, subsection 2, unnumbered paragraph 25 1, Code 2014, is amended to read as follows: 26 The treasurer of state shall before making the allotments 27 in subsection 1 credit annually to the highway grade crossing 28 safety fund the sum of seven hundred thousand dollars, credit 29 annually from the road use tax fund the sum of nine hundred 30 thousand dollars to the highway railroad grade crossing surface 31 repair fund, credit monthly to the primary road fund the 32 dollars yielded from an allotment of sixty-five hundredths of 33 one percent of all road use tax funds for the express purpose 34 of carrying out subsection 11 of section 307A.2 , subsection 11, 35 -42- LSB 5492HC (1) 85 lh/rj 42/ 104
H.F. _____ section 313.4, subsection 2 , and section 307.45 , and credit 1 annually to the primary road fund the sum of five hundred 2 thousand dollars to be used for paying expenses incurred by the 3 state department of transportation other than expenses incurred 4 for extensions of primary roads in cities. All unobligated 5 funds provided by this subsection , except those funds credited 6 to the highway grade crossing safety fund, shall at the end of 7 each year revert to the road use tax fund. Funds in the highway 8 grade crossing safety fund shall not revert to the road use tax 9 fund except to the extent they exceed five hundred thousand 10 dollars at the end of any biennium. The cost of each highway 11 railroad grade crossing repair project shall be allocated in 12 the following manner: 13 Sec. 79. Section 321.258, Code 2014, is amended to read as 14 follows: 15 321.258 Arrangement of lights on official traffic-control 16 signals. 17 1. Colored lights placed on a vertical official 18 traffic-control signal face shall be arranged from the top to 19 the bottom in the following order when used: 20 a. Circular red , circular . 21 b. Circular yellow , circular . 22 c. Circular green , straight . 23 d. Straight through yellow arrow , straight . 24 e. Straight through green arrow , left . 25 f. Left turn yellow arrow , left . 26 g. Left turn green arrow , right . 27 h. Right turn yellow arrow , and right . 28 i. Right turn green arrow. 29 2. Colored lights placed on a horizontal official 30 traffic-control signal face shall be arranged from the left to 31 the right in the following order when used: 32 a. Circular red , circular . 33 b. Circular yellow , left . 34 c. Left turn yellow arrow , left . 35 -43- LSB 5492HC (1) 85 lh/rj 43/ 104
H.F. _____ d. Left turn green arrow , circular . 1 e. Circular green , straight . 2 f. Straight through yellow arrow , straight . 3 g. Straight through green arrow , right . 4 h. Right turn yellow arrow , and right . 5 i. Right turn green arrow. 6 Sec. 80. Section 321.440, subsection 1, Code 2014, is 7 amended to read as follows: 8 1. Every solid rubber tire on a vehicle shall have rubber on 9 its entire traction surface at least one inch thick above the 10 edge of the flange of the entire periphery. Any pneumatic tire 11 on a vehicle shall be considered unsafe if it has: 12 a. Any part of the ply or cord exposed ; . 13 b. Any bump, bulge or separation ; . 14 c. A tread design depth of less than one-sixteenth of 15 an inch measured in any two or more adjacent tread grooves, 16 exclusive of tie bars or, for those tires with tread wear 17 indicators, worn to the level of the tread wear indicators in 18 any two tread grooves ; . 19 d. A marking “not for highway use”, “for racing purposes 20 only”, “unsafe for highway use” ; . 21 e. Tread or sidewall cracks, cuts or snags deep enough to 22 expose the body cord ; . 23 f. Such other conditions as may be reasonably demonstrated 24 to render it unsafe ; . 25 g. Been regrooved or recut below the original tread design 26 depth, excepting special tires which have extra under tread 27 rubber and are identified as such, or if a pneumatic tire was 28 originally designed without grooves or tread. 29 Sec. 81. Section 331.382, subsection 8, paragraph a, Code 30 2014, is amended to read as follows: 31 a. The board is subject to chapter 161F , chapters 357 32 through 358 , or chapter 468, subchapters I through III , chapter 33 468, subchapter IV, parts 1 and 2 , or chapter 468, subchapter 34 V , as applicable, in acting relative to a special district 35 -44- LSB 5492HC (1) 85 lh/rj 44/ 104
H.F. _____ authorized under any of those chapters. 1 Sec. 82. Section 341A.18, Code 2014, is amended to read as 2 follows: 3 341A.18 Civil rights respected. 4 1. A person shall not be appointed or promoted to, or 5 demoted or discharged from, any position subject to civil 6 service, or in any way favored or discriminated against with 7 respect to employment in the sheriff’s office because of the 8 person’s political or religious opinions or affiliations or 9 race or national origin or sex, or age. 10 2. a. A person holding a position subject to civil service 11 shall not, during the person’s scheduled working hours or when 12 performing duties or when using county equipment or at any 13 time on county property, take part in any way in soliciting 14 any contribution for any political party or any person seeking 15 political office, nor shall such employee engage in any 16 political activity that will impair the employee’s efficiency 17 during working hours or cause the employee to be tardy or 18 absent from work. The provisions of this section do not 19 preclude any employee from holding any office for which no pay 20 is received or any office for which only token pay is received. 21 b. A person shall not seek or attempt to use any political 22 endorsement in connection with any appointment to a position 23 subject to civil service. 24 c. A person shall not use or promise to use, directly 25 or indirectly, any official authority or influence, whether 26 possessed or anticipated, to secure or attempt to secure for 27 any person an appointment or advantage in the appointment to 28 a position subject to civil service, or an increase in pay or 29 other advantage in employment in any such position, for the 30 purpose of influencing the vote or political action of any 31 person or for any consideration. 32 d. An employee shall not use the employee’s official 33 authority or influence for the purpose of interfering with an 34 election or affecting the results thereof. 35 -45- LSB 5492HC (1) 85 lh/rj 45/ 104
H.F. _____ 3. Any officer or employee subject to civil service who 1 violates any of the provisions of this section shall be subject 2 to suspension, dismissal, or demotion subject to the right of 3 appeal herein. 4 4. All employees shall retain the right to vote as they 5 please and to express their opinions on all subjects. 6 5. An officer or employee subject to civil service and 7 a chief deputy sheriff or second deputy sheriff, who becomes 8 a candidate for a partisan elective office for remuneration, 9 upon request, shall automatically be given a leave of absence 10 without pay, commencing thirty days before the date of the 11 primary election and continuing until the person is eliminated 12 as a candidate or wins the primary, and commencing thirty days 13 before the date of the general election and continuing until 14 the person is eliminated as a candidate or wins the general 15 election, and during the leave period shall not perform any 16 duties connected with the office or position so held. The 17 officer or employee subject to civil service, or chief deputy 18 sheriff or second deputy sheriff, may, however, use accumulated 19 paid vacation time for part or all of any leave of absence 20 under this section . The county shall continue to provide 21 health benefit coverages, and may continue to provide other 22 fringe benefits, to any officer or employee subject to civil 23 service, or to any chief deputy sheriff or second deputy 24 sheriff during any leave of absence under this section . 25 Sec. 83. Section 392.5, Code 2014, is amended to read as 26 follows: 27 392.5 Library board. 28 1. a. A city library board of trustees functioning on the 29 effective date of the city code shall continue to function in 30 the same manner until altered or discontinued as provided in 31 this section . 32 b. In order for the board to function in the same manner, 33 the council shall retain all applicable ordinances, and shall 34 adopt as ordinances all applicable state statutes repealed by 35 -46- LSB 5492HC (1) 85 lh/rj 46/ 104
H.F. _____ 1972 Iowa Acts, chapter ch. 1088 . 1 2. A library board may accept and control the expenditure of 2 all gifts, devises, and bequests to the library. 3 3. a. A proposal to alter the composition, manner of 4 selection, or charge of a library board, or to replace it with 5 an alternate form of administrative agency, is subject to the 6 approval of the voters of the city. 7 b. The proposal may be submitted to the voters at any city 8 election by the council on its own motion. Upon receipt of a 9 valid petition as defined in section 362.4 , requesting that a 10 proposal be submitted to the voters, the council shall submit 11 the proposal at the next regular city election. A proposal 12 submitted to the voters must describe with reasonable detail 13 the action proposed. 14 c. If a majority of those voting approves the proposal, the 15 city may proceed as proposed. 16 d. If a majority of those voting does not approve the 17 proposal, the same or a similar proposal may not be submitted 18 to the voters of the city for at least four years from the date 19 of the election at which the proposal was defeated. 20 Sec. 84. Section 403.8, subsection 3, Code 2014, is amended 21 to read as follows: 22 3. The requirement that real property or an interest in 23 real property transferred or retained for the purpose of 24 a development or redevelopment be sold, leased, otherwise 25 transferred, or retained at not less than its fair market 26 value does not apply if the developer enters into a written 27 assessment agreement with the municipality pursuant to section 28 403.6, subsections 18 and 19 and the minimum actual value 29 contained in the assessment agreement would indicate that there 30 will be sufficient taxable valuations to permit the collection 31 of incremental taxes as provided in subsection 2 of section 32 403.19 , subsection 2, to cause the indebtedness and other costs 33 incurred by the municipality with respect to the property 34 or interest transferred or retained to be repayable as to 35 -47- LSB 5492HC (1) 85 lh/rj 47/ 104
H.F. _____ principal within four tax years following the commencement of 1 full operation of the development. 2 Sec. 85. Section 403.9, subsection 1, Code 2014, is amended 3 to read as follows: 4 1. A municipality shall have power to periodically issue 5 bonds in its discretion to pay the costs of carrying out the 6 purposes and provisions of this chapter , including, but not 7 limited to, the payment of principal and interest upon any 8 advances for surveys and planning, and the payment of interest 9 on bonds, herein authorized, not to exceed three years from 10 the date the bonds are issued. The municipality shall have 11 power to issue refunding bonds for the payment or retirement 12 of such bonds previously issued by it. Said bonds shall be 13 payable solely from the income and proceeds of the fund and 14 portion of taxes referred to in subsection 2 of section 403.19 , 15 subsection 2, and revenues and other funds of the municipality 16 derived from or held in connection with the undertaking and 17 carrying out of urban renewal projects under this chapter . The 18 municipality may pledge to the payment of the bonds the fund 19 and portion of taxes referred to in subsection 2 of section 20 403.19 , subsection 2, and may further secure the bonds by a 21 pledge of any loan, grant or contribution from the federal 22 government or other source in aid of any urban renewal projects 23 of the municipality under this chapter , or by a mortgage of any 24 such urban renewal projects, or any part thereof, title which 25 is vested in the municipality. 26 Sec. 86. Section 419.4, subsection 2, paragraph b, 27 subparagraph (2), Code 2014, is amended to read as follows: 28 (2) A municipality shall also have the power to provide 29 that the project and improvements shall be constructed by 30 the municipality, the lessee, the lessee’s designee, the 31 contracting party, or the contracting party’s designee, or any 32 one or more of them on real estate owned by the municipality, 33 the lessee, the lessee’s designee, the contracting party, or 34 the contracting party’s designee, as the case may be, and that 35 -48- LSB 5492HC (1) 85 lh/rj 48/ 104
H.F. _____ the bond proceeds shall be disbursed by the trustee bank or 1 banks, trust company or trust companies, during construction 2 upon the estimate, order or certificate of the lessee, the 3 lessee’s designee, the contracting party, or the contracting 4 party’s designee. 5 Sec. 87. Section 422.11S, subsection 8, paragraph a, 6 subparagraph (2), Code 2014, is amended to read as follows: 7 (2) “Total approved tax credits” means for the tax year 8 beginning in the 2006 calendar year, two million five hundred 9 thousand dollars, for the tax year beginning in the 2007 10 calendar year, five million dollars, and for tax years 11 beginning on or after January 1, 2008, but before January 1, 12 2012, seven million five hundred thousand dollars, for tax 13 years beginning on or after January 1, 2012, but before January 14 1, 2014, eight million seven hundred fifty thousand dollars, 15 and for tax years beginning on or after January 1, 2014, twelve 16 million dollars. 17 Sec. 88. Section 422.12C, subsection 2, Code 2014, is 18 amended to read as follows: 19 2. a. The taxes imposed under this division , less the 20 amounts of nonrefundable credits allowed under this division , 21 may be reduced by an early childhood development tax credit 22 equal to twenty-five percent of the first one thousand dollars 23 which the taxpayer has paid to others for each dependent, as 24 defined in the Internal Revenue Code, ages three through five 25 for early childhood development expenses. In determining the 26 amount of early childhood development expenses for the tax year 27 beginning in the 2006 calendar year only, such expenses paid 28 during November and December of the previous tax year shall 29 be considered paid in the tax year for which the tax credit 30 is claimed. This credit is available to a taxpayer