Senate File 309 - Introduced SENATE FILE 309 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO SSB 1188) 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 1950SV (2) 85 lh/rj
S.F. 309 DIVISION I 1 MISCELLANEOUS CHANGES 2 Section 1. Section 8.6, subsection 8, Code 2013, is amended 3 to read as follows: 4 8. Rules. To make such rules, subject to the approval of 5 the governor, as may be necessary for effectively carrying on 6 the work of the department of management. The director may, 7 with the approval of the executive council, require any state 8 official, agency, department , or commission, to require any 9 applicant, registrant, filer, permit holder , or license holder, 10 whether individual, partnership, trust , or corporation, to 11 submit to said official, agency, department , or commission, the 12 social security number or the tax number or both so assigned to 13 said individual, partnership, trust , or corporation. 14 Sec. 2. Section 8.32, Code 2013, is amended to read as 15 follows: 16 8.32 Conditional availability of appropriations. 17 1. All appropriations made to any department or 18 establishment of the government as receive or collect moneys 19 available for expenditure by them under present laws, are 20 declared to be in addition to such repayment receipts, 21 and such appropriations are to be available as and to the 22 extent that such receipts are insufficient to meet the costs 23 of administration, operation, and maintenance, or public 24 improvements of such departments: 25 a. Provided, that such receipts or collections shall be 26 deposited in the state treasury as part of the general fund or 27 special funds in all cases, except those collections made by 28 the state fair board, the institutions under the state board of 29 regents , and the natural resource commission. 30 b. Provided further, that no repayment receipts shall 31 be available for expenditures until allotted as provided in 32 section 8.31 ; and 33 c. Provided further, that the collection of repayment 34 receipts by the state fair board and the institutions under 35 -1- LSB 1950SV (2) 85 lh/rj 1/ 159
S.F. 309 the state board of regents shall be deposited in a bank or 1 banks duly designated and qualified as state depositories, in 2 the name of the state of Iowa, for the use of such boards and 3 institutions, and such funds shall be available only on the 4 check of such boards or institutions depositing them, which 5 are hereby authorized to withdraw such funds, but only after 6 allotment by the governor as provided in section 8.31 ; and 7 d. Provided further, that this chapter shall not apply to 8 endowment or private trust funds or to gifts to institutions 9 owned or controlled by the state or to the income from such 10 endowment or private trust funds, or to private funds belonging 11 to students or inmates of state institutions. 12 2. The provisions of this chapter shall not be construed 13 to prohibit the state fair board from creating an emergency 14 or sinking fund out of the receipts of the state fair and 15 state appropriation for the purpose of taking care of any 16 emergency that might arise beyond the control of the board 17 of not to exceed three hundred thousand dollars. Neither 18 shall this chapter be construed to prohibit the state fair 19 board from retaining an additional sum of not to exceed three 20 hundred fifty thousand dollars to be used in carrying out the 21 provisions of chapter 173 . 22 Sec. 3. Section 8D.5, subsection 1, Code 2013, is amended 23 to read as follows: 24 1. a. An education telecommunications council is 25 established. The council consists of eighteen members and 26 shall include the following: two 27 (1) Two persons appointed by the state board of regents ; 28 two . 29 (2) Two persons appointed by the Iowa association of 30 community college trustees ; two . 31 (3) Two persons appointed by the area education agency 32 boards ; two . 33 (4) Two persons appointed by the Iowa association of school 34 boards ; two . 35 -2- LSB 1950SV (2) 85 lh/rj 2/ 159
S.F. 309 (5) Two persons appointed by the school administrators of 1 Iowa ; two . 2 (6) Two persons appointed by the Iowa association of 3 independent colleges and universities ; two . 4 (7) Two persons appointed by the Iowa state education 5 association ; three . 6 (8) Three persons appointed by the director of the 7 department of education including one person representing 8 libraries and one person representing the Iowa association of 9 nonpublic school administrators ; and one . 10 (9) One person appointed by the administrator of the public 11 broadcasting division of the department of education. 12 b. The council shall establish scheduling and site usage 13 policies for educational users of the network, coordinate the 14 activities of the regional telecommunications councils, and 15 develop proposed rules and changes to rules for recommendation 16 to the commission. The council shall also recommend long-range 17 plans for enhancements needed for educational applications. 18 c. Administrative support and staffing for the council shall 19 be provided by the department of education. 20 Sec. 4. Section 15.107, subsection 5, paragraph a, Code 21 2013, is amended to read as follows: 22 a. That the corporation review reviews and, at the board’s 23 direction, implement implements the applicable portions of the 24 strategic plan developed by members of the authority pursuant 25 to section 15.105 . 26 Sec. 5. Section 16.6, subsection 2, Code 2013, is amended 27 to read as follows: 28 2. The executive director shall advise the authority on 29 matters relating to housing and housing finance, carry out 30 all directives from the authority, and hire and supervise the 31 authority’s staff pursuant to its directions. All employees 32 of the authority are exempt from the merit system provisions 33 of chapter 8A, subchapter IV . 34 Sec. 6. Section 16.27, subsection 4, Code 2013, is amended 35 -3- LSB 1950SV (2) 85 lh/rj 3/ 159
S.F. 309 to read as follows: 1 4. The authority shall cause to be delivered to the 2 legislative fiscal committee within ninety days of the close of 3 its fiscal year its annual report certified by an independent 4 certified public accountant , ( who may be the accountant or 5 a member of the firm of accountants who regularly audits 6 the books and accounts of the authority ) , selected by the 7 authority. 8 Sec. 7. Section 24.2, subsection 3, Code 2013, is amended 9 to read as follows: 10 3. The words “fiscal year” shall mean the period of twelve 11 months beginning on July 1 and ending on the thirtieth day of 12 June. The fiscal year of cities, counties, and other political 13 subdivisions of the state shall begin July 1 and end the 14 following June 30. 15 The fiscal year of cities, counties, and other political 16 subdivisions of the state shall begin July 1 and end the 17 following June 30. 18 Sec. 8. Section 28A.24, Code 2013, is amended to read as 19 follows: 20 28A.24 Exemption from taxation. 21 Since an authority is performing essential governmental 22 functions, an authority is not required to pay any taxes or 23 assessments of any kind or nature upon any property required 24 or used by it for its purposes, or any rates, fees, rentals, 25 receipts, or incomes at any time received by it, and the 26 bonds issued by an authority, their transfer, and the income, 27 including any profits made on the sale of the bonds, is 28 deductible in determining net income for the purposes of the 29 state individual and corporate income tax under chapter 422, 30 divisions II and III of chapter 422 , and shall not be taxed by 31 any political subdivision of this state. 32 Sec. 9. Section 28E.2, Code 2013, is amended to read as 33 follows: 34 28E.2 Definitions. 35 -4- LSB 1950SV (2) 85 lh/rj 4/ 159
S.F. 309 For the purposes of this chapter , the term “public agency” : 1 1. Private agency” shall mean an individual and any form of 2 business organization authorized under the laws of this or any 3 other state. 4 2. “Public agency” shall mean any political subdivision of 5 this state; any agency of the state government or of the United 6 States; and any political subdivision of another state. The 7 term “state” 8 3. “State” shall mean a state of the United States and the 9 District of Columbia. The term “private agency” shall mean an 10 individual and any form of business organization authorized 11 under the laws of this or any other state. 12 Sec. 10. Section 29A.15, Code 2013, is amended to read as 13 follows: 14 29A.15 State awards and decorations. 15 The adjutant general, from the funds appropriated for the 16 support and maintenance of the national guard, shall procure 17 and issue to the members of the national guard merit or 18 service badges or other appropriate awards for service under 19 regulations and according to the design and pattern determined 20 by the adjutant general. Members of the national guard who, 21 by order of the president, serve in federal forces during a 22 national emergency, may count the period of that federal active 23 duty toward the procurement of a service badge. 24 Sec. 11. Section 29C.17, subsection 2, unnumbered paragraph 25 1, Code 2013, is amended to read as follows: 26 For the purposes consistent with this chapter , the local 27 emergency management agency’s approved budget shall be 28 funded by one or any combination of the following options, as 29 determined by the commission: 30 Sec. 12. Section 34A.6, subsection 1, Code 2013, is amended 31 to read as follows: 32 1. Before a joint E911 service board may request imposition 33 of the wire-line E911 service surcharge by the program manager, 34 the board shall submit the following question to voters, as 35 -5- LSB 1950SV (2) 85 lh/rj 5/ 159
S.F. 309 provided in subsection 2 , in the proposed E911 service area, 1 and the question shall receive a favorable vote from a simple 2 majority of persons submitting valid ballots on the following 3 question within the proposed E911 service area: 4 Shall the following public measure be adopted? 5 YES .... 6 NO .... 7 Enhanced 911 emergency telephone service shall be funded, 8 in whole or in part, by a monthly surcharge of (an amount 9 determined by the local joint E911 service board of up to one 10 dollar) on each telephone access line collected as part of each 11 telephone subscriber’s monthly phone bill if provided within 12 (description of the proposed E911 service area). 13 Sec. 13. Section 34A.7A, subsection 2, paragraph b, Code 14 2013, is amended to read as follows: 15 b. The program manager shall reimburse communication 16 communications service providers on a calendar quarter basis 17 for carriers’ eligible expenses for transport costs between the 18 selective router and the public safety answering points related 19 to the delivery of wireless E911 phase 1 services. 20 Sec. 14. Section 49.80, subsection 2, Code 2013, is amended 21 to read as follows: 22 2. a. In case of any challenges of an elector at the 23 time the person is offering to vote in a precinct, a precinct 24 election official may place such person under oath and question 25 the person as , (a) where to the following: 26 (1) Where the person maintains the person’s home ; (b) how . 27 (2) How long the person has maintained the person’s home at 28 such place ; (c) if . 29 (3) If the person maintains a home at any other location ; 30 (d) the . 31 (4) The person’s age. 32 b. The precinct election official may permit the challenger 33 to participate in such questions. The challenged elector shall 34 be allowed to present to the official such evidence and facts 35 -6- LSB 1950SV (2) 85 lh/rj 6/ 159
S.F. 309 as the elector feels sustains the fact that the person is 1 qualified to vote. Upon completion thereof, if the challenge 2 is withdrawn, the elector may cast the vote in the usual 3 manner. If the challenge is not withdrawn, section 49.81 shall 4 apply. 5 Sec. 15. Section 50.20, Code 2013, is amended to read as 6 follows: 7 50.20 Notice of number of provisional ballots. 8 The commissioner shall compile a list of the number of 9 provisional ballots cast under section 49.81 in each precinct. 10 The list shall be made available to the public as soon as 11 possible, but in no case later than nine o’clock 9:00 a.m. on 12 the second day following the election. Any elector may examine 13 the list during normal office hours, and may also examine the 14 affidavit envelopes bearing the ballots of challenged electors 15 until the reconvening of the special precinct board as required 16 by this chapter . Only those persons so permitted by section 17 53.23, subsection 4 , shall have access to the affidavits while 18 that board is in session. Any elector may present written 19 statements or documents, supporting or opposing the counting of 20 any provisional ballot, at the commissioner’s office until the 21 reconvening of the special precinct board. 22 Sec. 16. Section 53.45, subsection 1, paragraph a, 23 unnumbered paragraph 1, Code 2013, is amended to read as 24 follows: 25 As provided in this section , the commissioner shall 26 provide special absentee ballots to be used for state general 27 elections. A special absentee ballot shall only be provided to 28 an eligible elector who completes an application stating both 29 of the following to the best of the eligible elector’s belief: 30 Sec. 17. Section 68A.604, Code 2013, is amended to read as 31 follows: 32 68A.604 Funds. 33 Any candidate for a partisan public office, except as 34 otherwise provided by section 68A.103, subsection 2 , may 35 -7- LSB 1950SV (2) 85 lh/rj 7/ 159
S.F. 309 receive campaign funds from the Iowa election campaign 1 fund through the state central committee of the candidate’s 2 political party. However, the state central committee of 3 each political party shall have discretion as to which of 4 the party’s candidates for public office shall be allocated 5 campaign funds out of money received by that party from the 6 Iowa election campaign fund. 7 Sec. 18. Section 88.8, subsection 2, Code 2013, is amended 8 to read as follows: 9 2. Noncompliance notice. If the commissioner has reason to 10 believe that an employer has failed to correct the violation 11 for which a citation has been issued within the period 12 permitted for its correction , ( which period shall not begin to 13 run until the entry of a final order by the appeal board in the 14 case of any review proceedings under this section initiated 15 by the employer in good faith and not solely for delay or 16 avoidance of penalties ) , the commissioner shall notify the 17 employer by service in the same manner as an original notice or 18 by certified mail of the failure and of the penalty proposed 19 to be assessed under section 88.14 by reason of the failure, 20 and that the employer has fifteen working days within which to 21 notify the commissioner that the employer wishes to contest 22 the commissioner’s notification or the proposed assessment of 23 penalty. If, within fifteen working days from the receipt 24 of notification issued by the commissioner, the employer 25 fails to notify the commissioner that the employer intends to 26 contest the notification or proposed assessment of penalty, the 27 notification and assessment, as proposed, shall be deemed the 28 final order of the appeal board and not subject to review by 29 any court or agency. 30 Sec. 19. Section 88.19, Code 2013, is amended to read as 31 follows: 32 88.19 Annual report. 33 Within one hundred twenty days following the convening 34 of each session of each general assembly, the commissioner 35 -8- LSB 1950SV (2) 85 lh/rj 8/ 159
S.F. 309 shall prepare and submit to the governor for transmittal to 1 the general assembly a report upon the subject matter of 2 this chapter , the progress toward achievement of the purpose 3 of this chapter , the needs and requirements in the field 4 of occupational safety and health, and any other relevant 5 information. Such The reports may include information 6 regarding occupational the following: 7 1. Occupational safety and health standards, and criteria 8 for such standards, developed during the preceding year ; 9 evaluation . 10 2. Evaluation of standards and criteria previously 11 developed under this chapter , defining areas of emphasis for 12 new criteria and standards ; evaluation . 13 3. Evaluation of the degree of observance of applicable 14 occupational safety and health standards, and a summary of 15 inspection and enforcement activity undertaken ; analysis . 16 4. Analysis and evaluation of research activities for 17 which results have been obtained under governmental and 18 nongovernmental sponsorship ; an . 19 5. An analysis of major occupational diseases ; evaluation . 20 6. Evaluation of available control and measurement 21 technology for hazards for which standards or criteria have 22 been developed during the preceding year ; a . 23 7. A description of cooperative efforts undertaken between 24 government agencies and other interested parties in the 25 implementation of this chapter during the preceding year ; a . 26 8. A progress report on the development of an adequate 27 supply of trained personnel in the field of occupational safety 28 and health, including estimates of future needs and the efforts 29 being made by government and others to meet those needs ; a . 30 9. A listing of all toxic substances in industrial usage for 31 which labeling requirements, criteria, or standards have not 32 yet been established ; and such . 33 10. Such recommendations for additional legislation as are 34 deemed necessary to protect the safety and health of the worker 35 -9- LSB 1950SV (2) 85 lh/rj 9/ 159
S.F. 309 and improve the administration of this chapter . 1 Sec. 20. Section 96.13, subsection 2, Code 2013, is amended 2 to read as follows: 3 2. Replenishment of lost funds. If any moneys received 4 after June 30, 1941, from the social security board 5 administration under Tit. III of the Social Security Act, or 6 any unencumbered balances in the unemployment compensation 7 administration fund as of that date, or any moneys granted 8 after that date to this state pursuant to the provisions 9 of the Wagner-Peyser Act, or any moneys made available by 10 this state or its political subdivisions and matched by such 11 moneys granted to this state pursuant to the provisions of 12 the Wagner-Peyser Act, are found by the social security board 13 administration , because of any action or contingency, to 14 have been lost or been expended for purposes other than or 15 in amounts in excess of, those found necessary by the social 16 security board administration for the proper administration of 17 this chapter , it is the policy of this state that such moneys 18 shall be replaced by moneys appropriated for such purpose 19 from the general funds of this state to the unemployment 20 compensation administration fund for expenditure as provided 21 in subsection 1 of this section . Upon receipt of notice of 22 such a finding by the social security board administration , 23 the department shall promptly report the amount required for 24 such replacement to the governor and the governor shall at 25 the earliest opportunity, submit to the legislature a request 26 for the appropriation of such amount. This subsection shall 27 not be construed to relieve this state of its obligation with 28 respect to funds received prior to July 1, 1941, pursuant to 29 the provisions of Tit. III of the Social Security Act. 30 Sec. 21. Section 97C.12, Code 2013, is amended to read as 31 follows: 32 97C.12 Contribution fund. 33 1. There is hereby established in the office of the 34 treasurer of state a special fund to be known as the 35 -10- LSB 1950SV (2) 85 lh/rj 10/ 159
S.F. 309 contribution fund. Such fund shall consist of, and there shall 1 be deposited in such fund: (1) all 2 a. All taxes, interest, and penalties collected under 3 sections 97C.5 , 97C.10 , and 97C.11 ; (2) all . 4 b. All moneys appropriated thereto under this chapter ; (3) 5 any . 6 c. Any property or securities and earnings thereof acquired 7 through the use of moneys belonging to the fund ; (4) interest . 8 d. Interest earned upon any moneys in the fund ; and (5) all . 9 e. All sums recovered upon the bond of the custodian or 10 otherwise for losses sustained by the fund and all other moneys 11 received for the fund from any other source. 12 2. Subject to the provisions of this chapter , the state 13 agency is vested with full power, authority and jurisdiction 14 over the fund, including all moneys and property or securities 15 belonging thereto, and may perform any and all acts whether 16 or not specifically designated, which are necessary to the 17 administration thereof and are consistent with the provisions 18 of this chapter . All moneys in this fund shall be mingled and 19 undivided. 20 Sec. 22. Section 123.30, subsection 2, Code 2013, is amended 21 to read as follows: 22 2. No A liquor control license shall not be issued 23 for premises which do not conform to all applicable laws, 24 ordinances, resolutions, and health and fire regulations. Nor 25 shall any A licensee shall not have or maintain any interior 26 access to residential or sleeping quarters unless permission is 27 granted by the administrator in the form of a living quarters 28 permit. 29 Sec. 23. Section 123.50, subsection 1, Code 2013, is amended 30 to read as follows: 31 1. Any person who violates any of the provisions of section 32 123.49 , except section 123.49, subsection 2 , paragraph “h” , 33 or who fails to affix upon sale, defaces, or fails to record 34 a keg identification sticker or produce a record of keg 35 -11- LSB 1950SV (2) 85 lh/rj 11/ 159
S.F. 309 identification stickers pursuant to section 123.138 , shall 1 be guilty of a simple misdemeanor. A person who violates 2 section 123.49, subsection 2 , paragraph “h” , commits a simple 3 misdemeanor punishable as a scheduled violation under section 4 805.8C, subsection 2 . 5 Sec. 24. Section 123.145, Code 2013, is amended to read as 6 follows: 7 123.145 Labels on bottles, barrels, etc. —— conclusive 8 evidence. 9 The label on any bottle, keg, barrel, or other container in 10 which beer is offered for sale in this state, representing the 11 alcoholic content of such beer as being in excess of five per 12 centum percent by weight shall be conclusive evidence as to the 13 alcoholic content of the beer contained therein. 14 Sec. 25. Section 124.401, subsection 1, paragraph d, Code 15 2013, is amended to read as follows: 16 d. Violation of this subsection , with respect to any other 17 controlled substances, counterfeit substances, or simulated 18 controlled substances classified in section 124.204, subsection 19 4, paragraph “ai” , or section 124.204, subsection 6 , paragraph 20 “i” , or classified in schedule IV or V is an aggravated 21 misdemeanor. However, violation of this subsection involving 22 fifty kilograms or less of marijuana or involving flunitrazepam 23 is a class “D” felony. 24 Sec. 26. Section 126.11, subsection 3, paragraph b, Code 25 2013, is amended to read as follows: 26 b. A drug dispensed by filling or refilling a written, 27 electronic, facsimile, or oral prescription of a practitioner 28 licensed by law to administer the drug is exempt from section 29 126.10 , except section 126.10, subsection 1 , paragraph “a” 30 and , section 126.10, paragraph “i” , subparagraphs (2) and 31 (3), and section 126.10, subsection 1 , paragraphs “k” and “l” , 32 and the packaging requirements of section 126.10, subsection 33 1 , paragraphs “g” , “h” , and “p” , if the drug bears a label 34 containing the name and address of the dispenser, the date of 35 -12- LSB 1950SV (2) 85 lh/rj 12/ 159
S.F. 309 the prescription or of its filling, the name of the prescriber, 1 and, if stated in the prescription, the name of the patient, 2 and the directions for use and cautionary statements, if 3 any, contained in the prescription. This exemption does not 4 apply to a drug dispensed in the course of the conduct of the 5 business of dispensing drugs pursuant to diagnosis by mail, 6 or to a drug dispensed in violation of paragraph “a” of this 7 subsection . 8 Sec. 27. Section 135.74, subsection 2, Code 2013, is amended 9 to read as follows: 10 2. In establishing uniform methods of financial reporting, 11 the department shall consider all of the following : 12 a. The existing systems of accounting and reporting 13 currently utilized by hospitals and health care facilities ; . 14 b. Differences among hospitals and health care facilities, 15 respectively, according to size, financial structure, methods 16 of payment for services, and scope, type and method of 17 providing services ; and . 18 c. Other pertinent distinguishing factors. 19 Sec. 28. Section 135.75, subsection 1, Code 2013, is amended 20 to read as follows: 21 1. Each hospital and each health care facility shall 22 annually, after the close of its fiscal year, file all of the 23 following with the department: 24 a. A balance sheet detailing the assets, liabilities and net 25 worth of the hospital or health care facility ; . 26 b. A statement of its income and expenses ; and . 27 c. Such other reports of the costs incurred in rendering 28 services as the department may prescribe. 29 Sec. 29. Section 135.83, Code 2013, is amended to read as 30 follows: 31 135.83 Contracts for assistance with analyses, studies, and 32 data. 33 In furtherance of the department’s responsibilities under 34 sections 135.76 and 135.78 , the director may contract with the 35 -13- LSB 1950SV (2) 85 lh/rj 13/ 159
S.F. 309 Iowa hospital association and third-party payers, the Iowa 1 health care facilities association and third-party payers, or 2 the Iowa association of homes for the aging leading age Iowa 3 and third-party payers for the establishment of pilot programs 4 dealing with prospective rate review in hospitals or health 5 care facilities, or both. Such contract shall be subject to 6 the approval of the executive council and shall provide for an 7 equitable representation of health care providers, third-party 8 payers, and health care consumers in the determination 9 of criteria for rate review. No third-party payer shall 10 be excluded from positive financial incentives based upon 11 volume of gross patient revenues. No state or federal funds 12 appropriated or available to the department shall be used for 13 any such pilot program. 14 Sec. 30. Section 135.156, subsection 2, paragraph b, 15 unnumbered paragraph 1, Code 2013, is amended to read as 16 follows: 17 An executive committee of the electronic health information 18 advisory council is established. Members of the executive 19 committee of the advisory council shall receive reimbursement 20 for actual expenses incurred while serving in their official 21 capacity only if they are not eligible for reimbursement by 22 the organization that they represent. The executive committee 23 shall consist of the following members: 24 Sec. 31. Section 135.156B, subsections 5 and 8, Code 2013, 25 are amended to read as follows: 26 5. Apply for, acquire by gift or purchase, and hold, 27 dispense, or dispose of funds and real or personal property 28 from any person, governmental entity, or organization in the 29 exercise of its the department’s powers or performance of its 30 the department’s duties in accordance with this division . 31 8. Execute all instruments necessary or incidental to the 32 performance of its the department’s duties and the execution of 33 its the department’s powers under this division . 34 Sec. 32. Section 135C.2, subsection 5, paragraph a, Code 35 -14- LSB 1950SV (2) 85 lh/rj 14/ 159
S.F. 309 2013, is amended to read as follows: 1 a. A facility provider under the special classification 2 must comply with rules adopted by the department for the 3 special classification. However, a facility provider which has 4 been accredited by the accreditation council for services to 5 persons with an intellectual disability and other developmental 6 disabilities on quality and leadership shall be deemed to be in 7 compliance with the rules adopted by the department. 8 Sec. 33. Section 135C.6, subsection 3, Code 2013, is amended 9 to read as follows: 10 3. No change in a health care facility, its operation, 11 program, or services, of a degree or character affecting 12 continuing licensability licensure shall be made without prior 13 approval thereof by the department. The department may by rule 14 specify the types of changes which shall not be made without 15 its prior approval. 16 Sec. 34. Section 135C.6, subsection 8, paragraph c, 17 unnumbered paragraph 1, Code 2013, is amended to read as 18 follows: 19 A residential program approved by the department of human 20 services pursuant to this paragraph “c” to receive moneys 21 appropriated to the department of human services under 22 provisions of a federally approved home and community-based 23 services waiver for persons with an intellectual disabilities 24 disability may provide care to not more than five individuals. 25 The department shall approve a residential program under this 26 paragraph that complies with all of the following conditions: 27 Sec. 35. Section 138.13, subsection 2, paragraph m, Code 28 2013, is amended to read as follows: 29 m. When a camp is operated during a season requiring 30 artificial heating, living quarters with a minimum of one 31 hundred square feet per occupant shall be provided and such 32 living quarters or shelters shall, also, be provided with 33 properly installed heating equipment of adequate capacity 34 to maintain a room temperature of at least 70 degrees F 35 -15- LSB 1950SV (2) 85 lh/rj 15/ 159
S.F. 309 Fahrenheit . A stove or other source of heat shall be installed 1 and vented in a manner to avoid both a fire hazard and a 2 concentration of fumes or gas within such living quarters and 3 shelters. In a room with wooden or combustible flooring, there 4 shall be a concrete slab, metal sheet, or other fire-resistant 5 material, on the floor under each stove, extending at least 6 eighteen inches beyond the perimeter of the base of the stove. 7 Any wall or ceiling not having a fire-resistant surface, within 8 twenty-four inches of a stove or stovepipe, shall be protected 9 by a metal sheet or other fire-resistant material. Heating 10 appliances, other than electrical, shall be provided with a 11 stovepipe or vent connected to the appliance and discharging to 12 the outside air or chimney. The vent or chimney shall extend 13 above the peak of the roof. Stovepipes shall be insulated 14 with fire-resistant material where they pass through walls, 15 ceilings, or floors. 16 Sec. 36. Section 138.13, subsection 6, paragraph d, Code 17 2013, is amended to read as follows: 18 d. Every service building used during periods requiring 19 artificial heating shall be provided with equipment capable 20 of maintaining a room temperature of at least 70 degrees F 21 Fahrenheit . 22 Sec. 37. Section 144A.2, subsection 8, Code 2013, is amended 23 to read as follows: 24 8. a. “Life-sustaining procedure” means any medical 25 procedure, treatment, or intervention, including resuscitation, 26 which meets both of the following requirements: 27 a. (1) Utilizes mechanical or artificial means to sustain, 28 restore, or supplant a spontaneous vital function. 29 b. (2) When applied to a patient in a terminal condition, 30 would serve only to prolong the dying process. 31 b. “Life-sustaining procedure” does not include the 32 provision of nutrition or hydration except when required 33 to be provided parenterally or through intubation or the 34 administration of medication or performance of any medical 35 -16- LSB 1950SV (2) 85 lh/rj 16/ 159
S.F. 309 procedure deemed necessary to provide comfort care or to 1 alleviate pain. 2 Sec. 38. Section 163.26, Code 2013, is amended to read as 3 follows: 4 163.26 Definition. 5 For the purposes of this subchapter , “garbage” means 6 putrescible animal and vegetable wastes resulting from the 7 handling, preparation, cooking, and consumption of foods, 8 including animal carcasses or parts. “Garbage” includes all 9 waste material, by-products of a kitchen, restaurant, hotel, 10 or slaughterhouse, every refuse accumulation of animal, 11 fruit, or vegetable matter, liquids or otherwise, or grain not 12 consumed, that is collected from hog sales pen floors in public 13 stockyards. Animals or parts of animals, which are processed 14 by slaughterhouses or rendering establishments, and which as 15 part of the processing are heated to not less than 212 degrees 16 F. Fahrenheit for thirty minutes, are not garbage for purposes 17 of this chapter . 18 Sec. 39. Section 176A.10, subsection 2, Code 2013, is 19 amended to read as follows: 20 2. An extension council of an extension district may choose 21 to be subject to the levy and revenue limits specified in 22 subparagraphs (2) of subsection 1 , paragraphs “a” through 23 “d” , and subsection 1 , paragraph “e” , for the purpose of the 24 annual levy for the fiscal year commencing July 1, 1991, which 25 levy is payable in the fiscal year beginning July 1, 1992. 26 Before an extension district may be subject to the levy and 27 revenue limits specified in subparagraphs (2) of subsection 1 , 28 paragraphs “a” through “d” , and subsection 1 , paragraph “e” , 29 for fiscal years beginning on or after July 1, 1992, which levy 30 is payable in fiscal years beginning on or after July 1, 1993, 31 the question of whether the district shall be subject to the 32 levy and revenue limits as specified in such paragraphs must 33 be submitted to the registered voters of the district. The 34 question shall be submitted at the time of a state general 35 -17- LSB 1950SV (2) 85 lh/rj 17/ 159
S.F. 309 election. If the question is approved by a majority of those 1 voting on the question the levy and revenue limits specified in 2 subparagraphs (2) of subsection 1 , paragraphs “a” through “d” , 3 and subsection 1 , paragraph “e” , shall thereafter apply to the 4 extension district. The question need only be approved at one 5 state general election. If a majority of those voting on the 6 question vote against the question, the district may continue 7 to submit the question at subsequent state general elections 8 until approved. 9 Sec. 40. Section 189A.11, Code 2013, is amended to read as 10 follows: 11 189A.11 Access by inspectors —— acceptance by state agencies. 12 1. No A person shall not deny access to any authorized 13 inspectors upon the presentation of proper identification at 14 any reasonable time to establishments and to all parts of such 15 premises for the purposes of making inspections under this 16 chapter . 17 2. When meat has been inspected and approved by the 18 department, such inspection will be equal to federal inspection 19 and therefore may be accepted by state agencies and political 20 subdivisions of the state and no other inspection can be 21 required. 22 1. a. No An inspection of products placed in any container 23 at any official establishment shall not be deemed to be 24 complete until the products are sealed or enclosed therein 25 under the supervision of an inspector. 26 2. b. For purposes of any inspection of products required 27 by this chapter , inspectors authorized by the secretary shall 28 have access at all times by day or night to every part of every 29 establishment required to have inspection under this chapter , 30 whether the establishment is operated or not. 31 Sec. 41. Section 190.12, subsection 1, Code 2013, is amended 32 to read as follows: 33 1. Frozen desserts and the pasteurized dairy ingredients 34 used in the manufacture thereof, shall comply with the 35 -18- LSB 1950SV (2) 85 lh/rj 18/ 159
S.F. 309 following standards: 1 ____________________________________________________________ 2 Milk, cream, and fluid Temperature Storage at 45 3 degrees F Fahrenheit . 4 dairy ingredient Bacterial limit 50,000 per 5 milliliter 6 Coliform limit 10 per milliliter 7 ____________________________________________________________ 8 Frozen dessert mixes, Temperature Storage at 45 9 degrees F Fahrenheit . 10 frozen desserts (plain) Bacterial limit 50,000 per gram 11 Coliform limit 10 per gram 12 ____________________________________________________________ 13 Dry dairy ingredient Extra grade or better as defined by 14 U. S. Standards for grades for the 15 particular product. 16 ____________________________________________________________ 17 Dry powder mix Bacterial limit 50,000 per gram 18 Coliform limit 10 per gram 19 ____________________________________________________________ 20 Sec. 42. Section 203C.15, subsection 6, paragraph a, 21 unnumbered paragraph 1, Code 2013, is amended to read as 22 follows: 23 The licensed warehouse operator may comply to with the 24 demand by doing any of the following: 25 Sec. 43. Section 230.15, Code 2013, is amended to read as 26 follows: 27 230.15 Personal liability. 28 1. A person with mental illness and a person legally liable 29 for the person’s support remain liable for the support of 30 the person with mental illness as provided in this section . 31 Persons legally liable for the support of a person with mental 32 illness include the spouse of the person, any person bound 33 by contract for support of the person, and, with respect to 34 persons with mental illness under eighteen years of age only, 35 -19- LSB 1950SV (2) 85 lh/rj 19/ 159
S.F. 309 the father and mother of the person. The county auditor, 1 subject to the direction of the board of supervisors, shall 2 enforce the obligation created in this section as to all sums 3 advanced by the county. The liability to the county incurred 4 by a person with mental illness or a person legally liable for 5 the person’s support under this section is limited to an amount 6 equal to one hundred percent of the cost of care and treatment 7 of the person with mental illness at a state mental health 8 institute for one hundred twenty days of hospitalization. This 9 limit of liability may be reached by payment of the cost of 10 care and treatment of the person with mental illness subsequent 11 to a single admission or multiple admissions to a state 12 mental health institute or, if the person is not discharged as 13 cured, subsequent to a single transfer or multiple transfers 14 to a county care facility pursuant to section 227.11 . After 15 reaching this limit of liability, a person with mental illness 16 or a person legally liable for the person’s support is liable 17 to the county for the care and treatment of the person with 18 mental illness at a state mental health institute or, if 19 transferred but not discharged as cured, at a county care 20 facility in an amount not in excess of the average minimum 21 cost of the maintenance of an individual who is physically and 22 mentally healthy residing in the individual’s own home, which 23 standard shall be established and may from time to time be 24 revised by the department of human services. A lien imposed 25 by section 230.25 shall not exceed the amount of the liability 26 which may be incurred under this section on account of a person 27 with mental illness. 28 2. A person with a substance-related disorder is 29 legally liable for the total amount of the cost of providing 30 care, maintenance, and treatment for the person with a 31 substance-related disorder while a voluntary or committed 32 patient. When a portion of the cost is paid by a county, 33 the person with a substance-related disorder is legally 34 liable to the county for the amount paid. The person with 35 -20- LSB 1950SV (2) 85 lh/rj 20/ 159
S.F. 309 a substance-related disorder shall assign any claim for 1 reimbursement under any contract of indemnity, by insurance 2 or otherwise, providing for the person’s care, maintenance, 3 and treatment in a state hospital to the state. Any payments 4 received by the state from or on behalf of a person with a 5 substance-related disorder shall be in part credited to the 6 county in proportion to the share of the costs paid by the 7 county. 8 3. Nothing in this section shall be construed to prevent 9 a relative or other person from voluntarily paying the full 10 actual cost or any portion of the care and treatment of any 11 person with mental illness or a substance-related disorder as 12 established by the department of human services. 13 Sec. 44. Section 231D.3A, Code 2013, is amended to read as 14 follows: 15 231D.3A Exception. 16 An entity certified by the centers for Medicare and Medicaid 17 services of the United States department of health and human 18 services as a federal program of all-inclusive care for the 19 elderly shall not be required to be certified as an adult 20 day services program under this chapter . A program for of 21 all-inclusive care for the elderly, as used in this section , 22 shall not identify itself or hold itself out to be an adult day 23 services program as defined in section 231D.1 . 24 Sec. 45. Section 235.3, subsection 2, Code 2013, is amended 25 to read as follows: 26 2. Make such reports and obtain and furnish such information 27 from time to time as may be necessary to permit cooperation by 28 the state division with the United States children’s bureau, 29 the social security board administration , or any other federal 30 agency which is now or may hereafter be charged with any duty 31 regarding child care or child welfare services. 32 Sec. 46. Section 235B.1, subsection 4, paragraph a, 33 subparagraph (1), Code 2013, is amended to read as follows: 34 (1) Advise the director of human services, the director 35 -21- LSB 1950SV (2) 85 lh/rj 21/ 159
S.F. 309 of elder affairs the department on aging , the director of 1 inspections and appeals, the director of public health, the 2 director of the department of corrections, and the director of 3 human rights regarding dependent adult abuse. 4 Sec. 47. Section 235B.16A, subsection 4, Code 2013, is 5 amended to read as follows: 6 4. The department of human services shall cooperate with 7 the department on aging, the departments of elder affairs, 8 inspections and appeals, public health, public safety, and 9 workforce development, the civil rights commission, and other 10 state and local agencies performing inspections or otherwise 11 visiting residential settings where dependent adults live, 12 to regularly provide training to the appropriate staff in 13 the agencies concerning each agency’s procedures involving 14 dependent adults, and to build awareness concerning dependent 15 adults and reporting of dependent adult abuse. 16 Sec. 48. Section 249A.4B, subsection 2, paragraph a, 17 subparagraphs (29) and (41), Code 2013, are amended to read as 18 follows: 19 (29) The Iowa association of homes and services for the 20 aging Leading age Iowa . 21 (41) The Iowa dietetic association academy of nutrition and 22 dietetics . 23 Sec. 49. Section 249A.12, subsection 3, paragraph b, Code 24 2013, is amended to read as follows: 25 b. The state shall be responsible for all of the nonfederal 26 share of medical assistance home and community-based services 27 waivers for persons with an intellectual disabilities 28 disability services provided to minors, and a county is not 29 required to reimburse the department and shall not be billed 30 for the nonfederal share of the costs of the services. 31 Sec. 50. Section 249A.12, subsection 5, paragraph b, Code 32 2013, is amended to read as follows: 33 b. The department of human services shall seek federal 34 approval to amend the home and community-based services waiver 35 -22- LSB 1950SV (2) 85 lh/rj 22/ 159
S.F. 309 for persons with an intellectual disabilities disability 1 to include day habilitation services. Inclusion of day 2 habilitation services in the waiver shall take effect upon 3 receipt of federal approval. 4 Sec. 51. Section 249A.26, subsection 4, Code 2013, is 5 amended to read as follows: 6 4. The state shall pay for the entire nonfederal share 7 of the costs for case management services provided to 8 persons seventeen years of age or younger who are served in 9 a home and community-based services waiver program under the 10 medical assistance program for persons with an intellectual 11 disabilities disability . 12 Sec. 52. Section 249A.30, subsection 1, Code 2013, is 13 amended to read as follows: 14 1. The base reimbursement rate for a provider of services 15 under a medical assistance program home and community-based 16 services waiver for persons with an intellectual disabilities 17 disability shall be recalculated at least every three years 18 to adjust for the changes in costs during the immediately 19 preceding three-year period. 20 Sec. 53. Section 249L.4, subsection 5, paragraph b, 21 subparagraph (4), Code 2013, is amended to read as follows: 22 (4) Each nursing facility shall submit to the department, 23 information in a form as specified by the department and 24 developed in cooperation with representatives of the Iowa 25 caregivers association, the Iowa health care association, the 26 leading age Iowa association of homes and services for the 27 aging , and the AARP Iowa chapter, that demonstrates compliance 28 by the nursing facility with the requirements for use of the 29 rate adjustment increases and other reimbursements provided to 30 nursing facilities through the quality assurance assessment. 31 Sec. 54. Section 252.27, unnumbered paragraph 2, Code 2013, 32 is amended to read as follows: 33 The board shall record its proceedings relating to the 34 provision of assistance to specific persons under this chapter . 35 -23- LSB 1950SV (2) 85 lh/rj 23/ 159
S.F. 309 A person who is aggrieved by a decision of the board may appeal 1 the decision as if it were a contested case before an agency 2 and as if the person had exhausted administrative remedies in 3 accordance with the procedures and standards in section 17A.19, 4 subsections 2 to 12 , except section 17A.19, subsection 10 , 5 paragraphs “b” and “g” , and section 17A.20 . 6 Sec. 55. Section 252D.17, Code 2013, is amended to read as 7 follows: 8 252D.17 Notice to payor of income —— duties and liability —— 9 criminal penalty. 10 1. The district court shall provide notice by sending a copy 11 of the order for income withholding or a notice of the order 12 for income withholding to the obligor and the obligor’s payor 13 of income by regular mail, with proof of service completed 14 according to rule of civil procedure 1.442. The child support 15 recovery unit shall provide notice of the income withholding 16 order by sending a notice of the order to the obligor’s payor 17 of income by regular mail or by electronic means. Proof of 18 service may be completed according to rule of civil procedure 19 1.442. The child support recovery unit’s notice of the order 20 may be sent to the payor of income on the same date that the 21 order is sent to the clerk of court for filing. In all other 22 instances, the income withholding order shall be filed with the 23 clerk of court prior to sending the notice of the order to the 24 payor of income. In addition to the amount to be withheld for 25 payment of support, the order or the notice of the order shall 26 be in a standard format as prescribed by the unit and shall 27 include all of the following information regarding the duties 28 of the payor in implementing the withholding order: 29 1. a. The withholding order or notice of the order 30 for income withholding for child support or child support 31 and spousal support has priority over a garnishment or an 32 assignment for any other purpose. 33 2. b. As reimbursement for the payor’s processing costs, 34 the payor may deduct a fee of no more than two dollars for each 35 -24- LSB 1950SV (2) 85 lh/rj 24/ 159
S.F. 309 payment in addition to the amount withheld for support. The 1 payor of income is not required to vary the payroll cycle to 2 comply with the frequency of payment of a support order. 3 3. c. The amount withheld for support, including the 4 processing fee, shall not exceed the amounts specified in 15 5 U.S.C. § 1673(b). 6 4. d. The income withholding order is binding on an 7 existing or future payor of income ten days after receipt of 8 the copy of the order or the notice of the order, and is binding 9 whether or not the copy of the order received is file-stamped. 10 5. e. The payor shall send the amounts withheld to the 11 collection services center or the clerk of the district court 12 pursuant to section 252B.14 within seven business days of the 13 date the obligor is paid. “Business day” means a day on which 14 state offices are open for regular business. 15 6. f. The payor may combine amounts withheld from the 16 obligors’ income in a single payment to the clerk of the 17 district court or to the collection services center, as 18 appropriate. Whether combined or separate, payments shall be 19 identified by the name of the obligor, account number, amount, 20 and the date withheld. If payments for multiple obligors are 21 combined, the portion of the payment attributable to each 22 obligor shall be specifically identified. 23 7. g. The withholding is binding on the payor until further 24 notice by the court or the child support recovery unit. 25 8. h. If the payor, with actual knowledge and intent to 26 avoid legal obligation, fails to withhold income or to pay the 27 amounts withheld to the collection services center or the clerk 28 of court in accordance with the provisions of the order, the 29 notice of the order, or the notification of payors of income 30 provisions established in section 252B.13A , the payor commits a 31 simple misdemeanor for a first offense and is liable for the 32 accumulated amount which should have been withheld, together 33 with costs, interest, and reasonable attorney fees related to 34 the collection of the amounts due from the payor. For each 35 -25- LSB 1950SV (2) 85 lh/rj 25/ 159
S.F. 309 subsequent offense prescribed under this subsection paragraph , 1 the payor commits a serious misdemeanor and is liable for the 2 accumulated amount which should have been withheld, together 3 with costs, interest, and reasonable attorney fees related to 4 the collection of the amounts due from the payor. 5 9. i. The payor shall promptly notify the court or the 6 child support recovery unit when the obligor’s employment or 7 other income terminates, and provide the obligor’s last known 8 address and the name and address of the obligor’s new employer, 9 if known. 10 10. j. Any payor who discharges an obligor, refuses to 11 employ an obligor, or takes disciplinary action against an 12 obligor based upon income withholding is guilty of a simple 13 misdemeanor. A withholding order or the notice of the order 14 for income withholding has the same force and effect as any 15 other district court order, including , but not limited to , 16 contempt of court proceedings for noncompliance. 17 11. a. k. (1) Beginning July 1, 1997, if a payor of 18 income does business in another state through a registered 19 agent and receives a notice of income withholding issued by 20 another state , the payor shall, and beginning January 1, 1998, 21 any payor of income shall , withhold funds as directed in a 22 notice issued by another state, except that a payor of income 23 shall follow the laws of the obligor’s principal place of 24 employment when determining all of the following: 25 (1) (a) The payor’s fee for processing an income 26 withholding payment. 27 (2) (b) The maximum amount permitted to be withheld from 28 the obligor’s income. 29 (3) (c) The time periods for implementing the income 30 withholding order and forwarding the support payments. 31 (4) (d) The priorities for withholding and allocating 32 income withheld for multiple child support obligees. 33 (5) (e) Any withholding terms or conditions not specified 34 in the order. 35 -26- LSB 1950SV (2) 85 lh/rj 26/ 159
S.F. 309 b. (2) A payor of income who complies with an income 1 withholding notice that is regular on its face shall not be 2 subject to any civil liability to any individual or agency for 3 conduct in compliance with the notice. 4 12. l. The payor of income shall comply with chapter 252K 5 when receiving a notice of income withholding from another 6 state. 7 13. m. The department shall establish criteria and a 8 phased-in schedule to require, no later than June 30, 2015, 9 payors of income to electronically transmit the amounts 10 withheld under an income withholding order. The department 11 shall assist payors of income in complying with the required 12 electronic transmission, and shall adopt rules setting forth 13 procedures for use in electronic transmission of funds, and 14 exemption from use of electronic transmission taking into 15 consideration any undue hardship electronic transmission 16 creates for payors of income. 17 Sec. 56. Section 256.9, subsection 55, paragraph a, Code 18 2013, is amended to read as follows: 19 a. The Iowa dietetic association academy of nutrition and 20 dietetics . 21 Sec. 57. Section 256.18A, Code 2013, is amended to read as 22 follows: 23 256.18A Service learning. 24 The board of directors of a school district or the 25 authorities in charge of a nonpublic school may require a 26 certain number of service learning units as a condition for 27 the inclusion of a service learning endorsement on a student’s 28 diploma or as a condition of graduation from the district 29 or school. For purposes of this paragraph section , “service 30 learning” means a method of teaching and learning which engages 31 students in solving problems and addressing issues in their 32 school or greater community as part of the academic curriculum. 33 Sec. 58. Section 256.42, subsection 6, Code 2013, is amended 34 to read as follows: 35 -27- LSB 1950SV (2) 85 lh/rj 27/ 159
S.F. 309 6. Coursework offered under the initiative shall be 1 rigorous and high quality, and the department shall annually 2 evaluate the quality of the courses , and ensure that coursework 3 is aligned with the state’s core curriculum and core content 4 requirements and standards, as well as national standards 5 of quality for online courses issued by an internationally 6 recognized association for kindergarten through grade twelve 7 online learning. 8 Sec. 59. Section 258.16, subsection 3, paragraph d, Code 9 2013, is amended to read as follows: 10 d. Implement the procedures and contract, at the request 11 of the director of the board of vocational education, for the 12 delivery of vocational education programs and services pursuant 13 to section 256.11, subsection 4 , and section 256.11, subsection 14 5 , paragraph “h” , and section 260C.14, subsection 1 . 15 Sec. 60. Section 261B.2, subsection 5, paragraph c, Code 16 2013, is amended to read as follows: 17 c. Uses in its name the term “college” , “academy” , 18 “institute” , or “university” or a similar term to imply that 19 the person is primarily engaged in the education of students 20 at the postsecondary level, and which makes a charge charges 21 for its services. 22 Sec. 61. Section 261B.9, subsection 7, Code 2013, is amended 23 to read as follows: 24 7. The disclosures required by the department of education 25 for an out-of-state school that the state board of education 26 approves to offer a practitioner preparation program by 27 distance delivery method. 28 Sec. 62. Section 261E.5, subsection 3, Code 2013, is amended 29 to read as follows: 30 3. From the funds allocated pursuant to section 261E.13, 31 subsection 1 , paragraph “d” , the department shall remit amounts 32 to the college board for advanced placement examinations 33 administered by the college board for students enrolled in 34 school districts and accredited nonpublic schools pursuant 35 -28- LSB 1950SV (2) 85 lh/rj 28/ 159
S.F. 309 to subsection 2 and shall distribute an amount per student 1 to a school district submitting a list of students properly 2 registered for the advanced placement examinations pursuant to 3 subsection 2 . The remittance rates to the college board and 4 distribution amounts to the school districts in accordance with 5 this subsection for the fiscal year beginning July 1, 2008, are 6 as follows: thirty-eight 7 a. Thirty-eight dollars for each school district or 8 accredited nonpublic school student who does not qualify for 9 fee reduction ; twenty-seven . 10 b. Twenty-seven dollars for each school district or 11 accredited nonpublic school student who qualifies for fee 12 reduction ; and eight . 13 c. Eight dollars to the school district for each school 14 district or accredited nonpublic school student who was listed 15 by the school district and who takes an advanced placement 16 examination in accordance with this section . 17 Sec. 63. Section 263B.3, Code 2013, is amended to read as 18 follows: 19 263B.3 Agreements with federal departments. 20 The state archaeologist is authorized to enter agreements 21 and cooperative efforts with the United States commissioner 22 of public roads federal highway administrator , the United 23 States departments of commerce, interior, agriculture , and 24 defense, and any other federal or state agencies concerned with 25 archaeological salvage or the preservation of antiquities. 26 Sec. 64. Section 266.48, subsection 1, paragraph a, Code 27 2013, is amended to read as follows: 28 a. Iowa state university, in cooperation with the department 29 of agriculture and land stewardship and the department of 30 natural resources, shall establish a cost-share program for the 31 livestock odor mitigation research efforts as established in 32 sections 266.43 through 266.45 that maximizes participation 33 in the livestock odor mitigation research efforts so as to 34 accomplish the purposes in section 266.42, subsection 1 . 35 -29- LSB 1950SV (2) 85 lh/rj 29/ 159
S.F. 309 Sec. 65. Section 272.31, subsection 5, Code 2013, is amended 1 to read as follows: 2 5. The state board of education shall work with institutions 3 of higher education, private colleges and universities, 4 community colleges, area education agencies, and professional 5 organizations to ensure that the courses and programs required 6 for authorization authorizations under this section are offered 7 throughout the state at convenient times and at a reasonable 8 cost. 9 Sec. 66. Section 273.3, subsection 2, Code 2013, is amended 10 to read as follows: 11 2. Be authorized to receive and expend money for providing 12 programs and services as provided in sections 273.1 , 273.2 , 13 this section , sections 273.4 to 273.9 , and chapters 256B 14 and 257 . All costs incurred in providing the programs and 15 services, including administrative costs, shall be paid from 16 funds received pursuant to sections 273.1 , 273.2, this section, 17 sections 273.4 to 273.9 and chapters 256B and 257 . 18 Sec. 67. Section 280.10, subsection 4, Code 2013, is amended 19 to read as follows: 20 4. “Industrial quality eye-protective devices” , as used 21 in this section , means devices meeting American national 22 standard , practice for occupational and educational eye and 23 face protection promulgated by the American national standards 24 institute, inc. 25 Sec. 68. Section 321.105A, subsection 5, paragraph b, Code 26 2013, is amended to read as follows: 27 b. If an amount of the fee for new registration represented 28 by a dealer to a purchaser is computed upon a purchase price 29 that is not subject to the fee for new registration or the 30 amount represented is in excess of the actual amount subject 31 to the fee and the amount represented is actually paid by 32 the purchaser to the dealer, the excess amount of fee for 33 new registration paid shall be returned to the purchaser 34 upon proper notification to the dealer by the purchaser that 35 -30- LSB 1950SV (2) 85 lh/rj 30/ 159
S.F. 309 an excess payment exists. “Proper” notification is written 1 notification which allows a dealer at least sixty days to 2 respond and which contains enough information to allow a dealer 3 to determine the validity of a purchaser’s claim that an excess 4 amount of fee for new registration has been paid. No cause 5 of action shall accrue against a dealer for excess fee for 6 new registration paid until sixty days after proper notice 7 notification has been given the dealer by the purchaser. 8 Sec. 69. Section 322.33, subsection 2, Code 2013, is amended 9 to read as follows: 10 2. Article Chapter 537, article 2, parts 5 and 6 , and 11 chapter 537, article 3 , sections 537.3203 , 537.3206 , 537.3209 , 12 537.3304 , 537.3305 , and 537.3306 shall apply to any credit 13 transaction as defined in section 537.1301 , that is a retail 14 installment transaction. For the purpose of applying 15 provisions of the consumer credit code in those transactions, 16 “consumer credit sale” shall include a sale for a business 17 purpose. 18 Sec. 70. Section 322A.1, subsection 5, paragraph a, 19 subparagraphs (3) and (5), Code 2013, are amended to read as 20 follows: 21 (3) The franchisee, as an independent business, constitutes 22 a component of the franchiser’s distribution system. 23 (5) The operation of the franchisee’s business is 24 substantially reliant on the franchiser for the continued 25 supply of motor vehicles, parts, and accessories. 26 Sec. 71. Section 326.2, subsection 6, paragraph a, Code 27 2013, is amended to read as follows: 28 a. A one-way movement from one point originating outside 29 this state and destined to for another point outside this 30 state. 31 Sec. 72. Section 331.362, subsection 1, Code 2013, is 32 amended to read as follows: 33 1. A county has jurisdiction over secondary roads as 34 provided in section 306.4, subsection 2 , section 306.4, 35 -31- LSB 1950SV (2) 85 lh/rj 31/ 159
S.F. 309 subsection 5 , paragraph “b” , and section 306.4, subsection 6 , 1 paragraph “b” . 2 Sec. 73. Section 331.382, subsection 8, paragraph a, Code 3 2013, is amended to read as follows: 4 a. The board is subject to chapter 161F , chapters 357 5 through 358 , or chapter 468, subchapters I through III , chapter 6 468, subchapter IV, parts 1 and 2 , or chapter 468, subchapter 7 V , as applicable, in acting relative to a special district 8 authorized under any of those chapters. 9 Sec. 74. Section 331.390, subsection 2, paragraph a, Code 10 2013, is amended to read as follows: 11 a. The voting membership of the governing board shall 12 consist of at least one board of supervisors member from each 13 county comprising the regions region or their designees. 14 Sec. 75. Section 331.390, subsection 3, paragraph b, Code 15 2013, is amended to read as follows: 16 b. The regional administrator staff shall include 17 one or more coordinators of disability services. A 18 coordinator shall possess a bachelor’s or higher level 19 degree in a human services-related or administrative-related 20 administration-related field, including but not limited 21 to social work, psychology, nursing, or public or business 22 administration, from an accredited college or university. 23 However, in lieu of a degree in public or business 24 administration, a coordinator may provide documentation of 25 relevant management experience. An action of a coordinator 26 involving a clinical decision shall be made in conjunction 27 with a professional who is trained in the delivery of the 28 mental health or disability service addressed by the clinical 29 decision. The regional administrator shall determine whether 30 referral to a coordinator of disability services is required 31 for a person seeking to access a service through a local access 32 point of the regional service system. 33 Sec. 76. Section 331.552, subsection 25, Code 2013, is 34 amended to read as follows: 35 -32- LSB 1950SV (2) 85 lh/rj 32/ 159
S.F. 309 25. Carry out duties relating to the funding of drainage 1 districts as provided in chapter 468, subchapter I, parts 1 to 2 5 , chapter 468, subchapter II, parts 1 , 5 , and 6 , chapter 468, 3 subchapter III , and chapter 468, subchapter IV, parts 1 and 2 . 4 Sec. 77. Section 341A.2, Code 2013, is amended to read as 5 follows: 6 341A.2 Civil service commission. 7 1. Subject to the alternate plan enumerated in section 8 341A.3 , there is created in each county a civil service 9 commission composed of three members. Two members shall be 10 appointed by the county board of supervisors and one member 11 shall be appointed by the county attorney of each county. 12 Appointees to the commission shall be residents of the county 13 for at least two years immediately preceding appointment, 14 and shall be electors. Terms of office shall be six years; 15 however, the initial members of the commission shall be 16 appointed as follows: 17 a. One of the members appointed by the board of supervisors 18 shall serve for a period of two years while the other member 19 shall serve for a period of six years and the board shall 20 specify the term of each member so appointed. 21 b. The member appointed by the county attorney shall serve 22 for a period of four years. 23 2. Any member of the commission may be removed by the 24 appointing authority for incompetence, dereliction of duty, 25 malfeasance in office, or for other good cause; however, no 26 member of the commission shall be removed until apprised 27 in writing of the nature of the charges against the member 28 and a hearing on such charges has been held before the 29 board of supervisors. In the event a vacancy occurs in the 30 commission for any reason other than expiration of the term, an 31 appointment to fill the vacancy for the unexpired term shall be 32 made in the same manner as the original appointment. 33 3. A majority vote of the membership of the commission shall 34 be sufficient to transact the business of the commission. 35 -33- LSB 1950SV (2) 85 lh/rj 33/ 159
S.F. 309 4. Not more than two commissioners shall be members of the 1 same political party. Commissioners shall hold no elective 2 or other appointive public office during their terms of 3 appointment to the commission. Commissioners shall serve 4 without compensation but shall be reimbursed for necessary 5 expense and mileage incurred in the actual performance of their 6 duties. 7 Sec. 78. Section 350.4, subsection 9, paragraph a, Code 8 2013, is amended to read as follows: 9 a. To participate in watershed projects of soil and water 10 conservation districts and the federal government and in 11 projects of drainage districts organized under the provisions 12 of chapter 161F and , chapter 468, subchapter I, parts 1 through 13 5 , and chapter 468, subchapter II, parts 1 , 5 , and 6 , for the 14 purpose of increasing the recreational resources of the county. 15 Sec. 79. Section 354.9, subsection 3, Code 2013, is amended 16 to read as follows: 17 3. If cities establish overlapping areas of review outside 18 their boundaries, then the cities shall establish by agreement 19 pursuant to chapter 28E reasonable standards and conditions 20 for review of subdivisions within the overlapping area. If no 21 agreement is recorded pursuant to chapter 28E then the city 22 which is closest to the boundary of the subdivision shall have 23 authority to review of the subdivision. 24 Sec. 80. Section 355.7, subsection 6, Code 2013, is amended 25 to read as follows: 26 6. a. The plat shall show the lengths and bearings of 27 the boundaries of the parcels surveyed. The course of each 28 boundary line shown on the plat may be indicated by a direct 29 bearing reference or by an angle between the boundary line and 30 an intersecting line having a shown bearing, except when the 31 boundary line has an irregular or constantly changing course, 32 as along a body of water, or when a description of the boundary 33 line is better achieved by measurements shown at points or 34 intervals along a meander line or an offset line having a shown 35 -34- LSB 1950SV (2) 85 lh/rj 34/ 159
S.F. 309 course. The bearings shall be referenced to a United States 1 public land survey system land line, or recorded subdivision 2 line. If the boundary lines show bearings, lengths, or 3 locations which vary from those recorded in deeds, abutting 4 plats, or other instruments of record, the following note shall 5 be placed along the lines: “recorded 6 Recorded as (show recorded bearing, length, or location)” 7 location) . 8 b. Bearings and angles shown shall be given to at least the 9 nearest minute of arc. 10 Sec. 81. Section 355.8, subsection 8, Code 2013, is amended 11 to read as follows: 12 8. a. The plat shall show the lengths and bearings of 13 the boundaries of the tracts surveyed. The course of each 14 boundary line shown on the plat may be indicated by a direct 15 bearing reference or by an angle between the boundary line and 16 an intersecting line having a shown bearing, except when the 17 boundary line has an irregular or constantly changing course, 18 as along a body of water, or when a description of the boundary 19 line is better achieved by measurements shown at points or 20 intervals along a meander line or an offset line having a shown 21 course. The bearing shall be referenced to a United States 22 public land survey system land line, or recorded subdivision 23 line. If the boundary lines show bearings, lengths, or 24 locations which vary from those recorded in deeds, abutting 25 plats, or other instruments of record, the following note shall 26 be placed along the lines: “recorded 27 Recorded as (show recorded bearing, length, or location)” 28 location) . 29 b. Bearings and angles shown shall be given to at least the 30 nearest minute of arc. 31 Sec. 82. Section 384.6, subsection 1, paragraph b, Code 32 2013, is amended to read as follows: 33 b. If a police chief or fire chief has submitted a 34 written request to the board of trustees to be exempt from 35 -35- LSB 1950SV (2) 85 lh/rj 35/ 159
S.F. 309 chapter 411 , authorized in section 411.3, subsection 1 , a 1 city shall make contributions for the chief, in an amount 2 not to exceed the amount that would have been contributed by 3 the city under section 411.8, subsection 1 , paragraph “a” , 4 to the international city management association/retirement 5 association retirement corporation. 6 Sec. 83. Section 419.4, subsection 2, paragraph a, 7 subparagraph (5), Code 2013, is amended to read as follows: 8 (5) The creation, maintenance, custody, investment and 9 reinvestment and use of special funds from the revenues of such 10 project , and . 11 Sec. 84. Section 419.4, subsection 2, paragraph b, Code 12 2013, is amended to read as follows: 13 b. (1) A municipality shall have the power to provide 14 that proceeds from the sale of bonds and special funds from 15 the revenues of the project shall be invested and reinvested 16 in such securities and other investments as shall be provided 17 in the proceedings under which the bonds are authorized to be 18 issued including: 19 (1) (a) Obligations issued or guaranteed by the United 20 States ; . 21 (2) (b) Obligations issued or guaranteed by any person 22 controlled or supervised by and acting as an instrumentality of 23 the United States pursuant to authority granted by the Congress 24 of the United States ; . 25 (3) (c) Obligations issued or guaranteed by any state 26 of the United States, or the District of Columbia, or any 27 political subdivision of any such state or district ; . 28 (4) (d) Prime commercial paper ; . 29 (5) (e) Prime finance company paper ; . 30 (6) (f) Bankers’ acceptances drawn on and accepted by banks 31 organized under the laws of any state or of the United States ; . 32 (7) (g) Repurchase agreements fully secured by obligations 33 issued or guaranteed by the United States or by any person 34 controlled or supervised by and acting as an instrumentality of 35 -36- LSB 1950SV (2) 85 lh/rj 36/ 159
S.F. 309 the United States pursuant to authority granted by the Congress 1 of the United States ; and . 2 (8) (h) Certificates of deposit issued by banks organized 3 under the laws of any state or of the United States; whether 4 or not such investment or reinvestment is authorized under any 5 other law of this state. The municipality shall also have the 6 power to provide that such proceeds or funds or investments and 7 the amounts payable under the lease, sale contract, or loan 8 agreement shall be received, held and disbursed by one or more 9 banks or trust companies located in or out of the state of 10 Iowa. 11 (2) A municipality shall also have the power to provide 12 that the project and improvements shall be constructed by the 13 municipality, lessee, the lessee’s designee, the contracting 14 party, or the contracting party’s designee, or any one or 15 more of them on real estate owned by the municipality, the 16 lessee, the lessee’s designee, the contracting party, or the 17 contracting party’s designee, as the case may be, and that the 18 bond proceeds shall be disbursed by the trustee bank or banks, 19 trust company or trust companies, during construction upon the 20 estimate, order or certificate of the lessee, the lessee’s 21 designee, the contracting party, or the contracting party’s 22 designee. 23 Sec. 85. Section 421.24, subsection 3, Code 2013, is amended 24 to read as follows: 25 3. a. For the purposes of this section , the words “tax” 26 and “taxes” shall include interest and penalties due under any 27 taxing statute, and liability for such interest or penalties, 28 or both, due under a taxing statute of another state or a 29 political subdivision thereof, shall be recognized and enforced 30 by the courts of this state to the same extent that the laws 31 of such other state permit the enforcement in its courts of 32 liability for such interest or penalties, or both, due under 33 a taxing statute of this state or a political subdivision 34 thereof. 35 -37- LSB 1950SV (2) 85 lh/rj 37/ 159
S.F. 309 b. The courts of this state may not enforce interest rates 1 or penalties on taxes of any other state which exceed the 2 interest rates and penalties imposed by the state of Iowa for 3 the same or a similar tax. 4 Sec. 86. Section 422.16, subsection 10, paragraph c, Code 5 2013, is amended to read as follows: 6 c. If any withholding agent, being a domestic or foreign 7 corporation, required under the provisions of this section 8 to withhold on wages or other taxable Iowa income subject to 9 this chapter , fails to withhold the amounts required to be 10 withheld, make the required returns or remit to the department 11 the amounts withheld, the director may, having exhausted all 12 other means of enforcement of the provisions of this chapter , 13 certify such fact or facts to the secretary of state, who shall 14 thereupon cancel the articles of incorporation or certificate 15 of authority , (as as the case may be) be, of such corporation, 16 and the rights of such corporation to carry on business in the 17 state of Iowa shall thereupon cease. The secretary of state 18 shall immediately notify by registered mail such domestic or 19 foreign corporation of the action taken by the secretary of 20 state. The provisions of section 422.40, subsection 3 , shall 21 be applicable. 22 Sec. 87. Section 422.20, subsection 3, paragraph a, Code 23 2013, is amended to read as follows: 24 a. Unless otherwise expressly permitted by section 8A.504 , 25 section 8G.4 , section 96.11, subsection 6 , section 421.17, 26 subsections 22 , 23 , and 26 , section 421.17, subsection 27 , 27 paragraph “k” , and section 421.17, subsection 31 , section 28 252B.9 , section 321.40, subsection 6 , sections 321.120 , 421.19 , 29 421.28 , 422.72 , and 452A.63 , and this section , a tax return, 30 return information, or investigative or audit information 31 shall not be divulged to any person or entity, other than the 32 taxpayer, the department, or internal revenue service for use 33 in a matter unrelated to tax administration. 34 Sec. 88. Section 422.32, subsection 2, Code 2013, is amended 35 -38- LSB 1950SV (2) 85 lh/rj 38/ 159
S.F. 309 to read as follows: 1 2. The words, terms, and phrases defined in division II, 2 section 422.4, subsections 4 to 6, 8, 9, 13, and 15 to 17 , when 3 used in this division , shall have the meanings ascribed to them 4 in said section except where the context clearly indicates a 5 different meaning. 6 Sec. 89. Section 422.33, subsection 5, Code 2013, is amended 7 to read as follows: 8 5. a. The taxes imposed under this division shall 9 be reduced by a state tax credit for increasing research 10 activities in this state equal to the sum of the following: 11 (1) Six and one-half percent of the excess of qualified 12 research expenses during the tax year over the base amount for 13 the tax year based upon the state’s apportioned share of the 14 qualifying expenditures for increasing research activities. 15 (2) Six and one-half percent of the basic research payments 16 determined under section 41(e)(1)(A) of the Internal Revenue 17 Code during the tax year based upon the state’s apportioned 18 share of the qualifying expenditures for increasing research 19 activities. 20 b. The state’s apportioned share of the qualifying 21 expenditures for increasing research activities is a percent 22 equal to the ratio of qualified research expenditures in this 23 state to the total qualified research expenditures. 24 b. c. In lieu of the credit amount computed in paragraph 25 “a” , subparagraph (1), a corporation may elect to compute the 26 credit amount for qualified research expenses incurred in this 27 state in a manner consistent with the alternative simplified 28 credit described in section 41(c)(5) of the Internal Revenue 29 Code. The taxpayer may make this election regardless of 30 the method used for the taxpayer’s federal income tax. The 31 election made under this paragraph is for the tax year and the 32 taxpayer may use another or the same method for any subsequent 33 year. 34 c. d. For purposes of the alternate credit computation 35 -39- LSB 1950SV (2) 85 lh/rj 39/ 159
S.F. 309 method in paragraph “b” “c” , the credit percentages applicable 1 to qualified research expenses described in section 41(c)(5)(A) 2 and clause (ii) of section 41(c)(5)(B) of the Internal Revenue 3 Code are four and fifty-five hundredths percent and one and 4 ninety-five hundredths percent, respectively. 5 d. e. (1) For purposes of this subsection , “base amount” , 6 “basic research payment” , and “qualified research expense” mean 7 the same as defined for the federal credit for increasing 8 research activities under section 41 of the Internal Revenue 9 Code, except that for the alternative simplified credit such 10 amounts are for research conducted within this state. 11 (2) For purposes of this subsection , “Internal Revenue Code” 12 means the Internal Revenue Code in effect on January 1, 2012. 13 e. f. Any credit in excess of the tax liability for the 14 taxable year shall be refunded with interest computed under 15 section 422.25 . In lieu of claiming a refund, a taxpayer may 16 elect to have the overpayment shown on its final, completed 17 return credited to the tax liability for the following taxable 18 year. 19 f. Reserved. 20 g. A corporation which is an eligible business may claim an 21 additional research activities credit authorized pursuant to 22 section 15.335 . 23 h. The department shall by February 15 of each year issue 24 an annual report to the general assembly containing the total 25 amount of all claims made by employers under this subsection 26 and the portion of the claims issued as refunds, for all claims 27 processed during the previous calendar year. The report shall 28 contain the name of each claimant for whom a tax credit in 29 excess of five hundred thousand dollars was issued and the 30 amount of the credit received. 31 Sec. 90. Section 422.70, subsection 1, Code 2013, is amended 32 to read as follows: 33 1. The director, for the purpose of ascertaining the 34 correctness of a return or for the purpose of making an 35 -40- LSB 1950SV (2) 85 lh/rj 40/ 159
S.F. 309 estimate of the taxable income or receipts of a taxpayer, has 1 power the following powers : 2 a. To examine or cause to be examined by an agent or 3 representative designated by the director, books, papers, 4 records, or memoranda ; to . 5 b. To require by subpoena the attendance and testimony of 6 witnesses; to issue and sign subpoenas ; to . 7 c. To administer oaths, to examine witnesses and receive 8 evidence ; to . 9 d. To compel witnesses to produce for examination books, 10 papers, records, and documents relating to any matter which the 11 director has the authority to investigate or determine. 12 Sec. 91. Section 422.72, subsection 3, paragraph a, Code 13 2013, is amended to read as follows: 14 a. Unless otherwise expressly permitted by section 8A.504 , 15 section 8G.4 , section 96.11, subsection 6 , section 421.17, 16 subsections 22, 23, and 26 , section 421.17, subsection 27 , 17 paragraph “k” , and section 421.17, subsection 31 , section 18 252B.9 , section 321.40, subsection 6 , sections 321.120 , 421.19 , 19 421.28 , 422.20 , and 452A.63 , and this section , a tax return, 20 return information, or investigative or audit information 21 shall not be divulged to any person or entity, other than the 22 taxpayer, the department, or internal revenue service for use 23 in a matter unrelated to tax administration. 24 Sec. 92. Section 422D.1, subsection 2, paragraph a, 25 unnumbered paragraph 1, Code 2013, is amended to read as 26 follows: 27 The taxes for emergency medical services shall only be 28 imposed after an election at which a majority of those voting 29 on the question of imposing the tax or combination of taxes 30 specified in subsection 1 , paragraph “a” , subparagraph (1) 31 or (2), vote in favor of the question. However, the tax or 32 combination of taxes specified in subsection 1 shall not be 33 imposed on property within or on residents of a benefited 34 emergency medical services district under chapter 357F . The 35 -41- LSB 1950SV (2) 85 lh/rj 41/ 159
S.F. 309 question of imposing the tax or combination of the taxes may 1 be submitted at the regular city election, a special election, 2 or state the general election. Notice of the question shall 3 be provided by publication at least sixty days before the time 4 of the election and shall identify the tax or combination of 5 taxes and the rate or rates, as applicable. If a majority of 6 those voting on the question approve the imposition of the tax 7 or combination of taxes, the tax or combination of taxes shall 8 be imposed as follows: 9 Sec. 93. Section 423.3, subsection 18, paragraph c, Code 10 2013, is amended to read as follows: 11 c. Rehabilitation facilities that provide accredited 12 rehabilitation services to persons with disabilities which are 13 accredited by the commission on accreditation of rehabilitation 14 facilities or the accreditation council for services for 15 persons with an intellectual disability and other persons with 16 developmental disabilities on quality and leadership and adult 17 day care services approved for reimbursement by the state 18 department of human services. 19 Sec. 94. Section 423.5, Code 2013, is amended to read as 20 follows: 21 423.5 Imposition of tax. 22 1. Except as provided in subsection 3 paragraph “c” , an 23 excise tax at the rate of six percent of the purchase price or 24 installed purchase price is imposed on the following: 25 1. a. The use in this state of tangible personal property 26 as defined in section 423.1 , including aircraft subject to 27 registration under section 328.20 , purchased for use in this 28 state. For the purposes of this subchapter , the furnishing 29 or use of the following services is also treated as the use 30 of tangible personal property: optional service or warranty 31 contracts, except residential service contracts regulated under 32 chapter 523C , vulcanizing, recapping, or retreading services, 33 engraving, photography, retouching, printing, or binding 34 services, and communication service when furnished or delivered 35 -42- LSB 1950SV (2) 85 lh/rj 42/ 159
S.F. 309 to consumers or users within this state. 1 2. b. The use of manufactured housing in this state, on 2 the purchase price if the manufactured housing is sold in 3 the form of tangible personal property or on the installed 4 purchase price if the manufactured housing is sold in the form 5 of realty. 6 3. c. An excise tax at the rate of five percent is imposed 7 on the use of vehicles subject only to the issuance of a 8 certificate of title and the use of manufactured housing, and 9 on the use of leased vehicles, if the lease transaction does 10 not require titling or registration of the vehicle, on the 11 amount subject to tax as calculated pursuant to section 423.26, 12 subsection 2 . 13 4. d. Purchases of tangible personal property made from 14 the government of the United States or any of its agencies by 15 ultimate consumers shall be subject to the tax imposed by this 16 section . Services purchased from the same source or sources 17 shall be subject to the service tax imposed by this subchapter 18 and apply to the user of the services. 19 5. e. The use in this state of services enumerated in 20 section 423.2 . This tax is applicable where the service is 21 first used in this state. 22 6. 2. The excise tax is imposed upon every person using 23 the property within this state until the tax has been paid 24 directly to the county treasurer, the state department of 25 transportation, a retailer, or the department. This tax is 26 imposed on every person using the services or the product of 27 the services in this state until the user has paid the tax 28 either to an Iowa use tax permit holder or to the department. 29 7. 3. For the purpose of the proper administration of the 30 use tax and to prevent its evasion, evidence that tangible 31 personal property was sold by any person for delivery in this 32 state shall be prima facie evidence that such tangible personal 33 property was sold for use in this state. 34 8. 4. Any person or that person’s affiliate, which is a 35 -43- LSB 1950SV (2) 85 lh/rj 43/ 159
S.F. 309 retailer in this state or a retailer maintaining a place of 1 business in this state under this chapter , that enters into a 2 contract with an agency of this state must register, collect, 3 and remit Iowa use tax under this chapter on all sales of 4 tangible personal property and enumerated services. Every 5 bid submitted and each contract executed by a state agency 6 shall contain a certification by the bidder or contractor 7 stating that the bidder or contractor is registered with the 8 department and will collect and remit Iowa use tax due under 9 this chapter . In the certification, the bidder or contractor 10 shall also acknowledge that the state agency may declare the 11 contract or bid void if the certification is false. Fraudulent 12 certification, by act or omission, may result in the state 13 agency or its representative filing for damages for breach of 14 contract. 15 9. 5. The use tax rate of six percent is reduced to five 16 percent on January 1, 2030. 17 Sec. 95. Section 423.6, subsection 6, Code 2013, is amended 18 to read as follows: 19 6. Tangible personal property or services the sales price 20 of which is exempt from the sales tax under section 423.3 , 21 except section 423.3, subsections 39 and 73 , as it relates to 22 the sale, but not the lease or rental, of vehicles subject only 23 to the issuance of a certificate of title and as it relates to 24 aircraft subject to registration under section 328.20 . 25 Sec. 96. Section 426A.8, unnumbered paragraph 1, Code 2013, 26 is amended to read as follows: 27 If the amount of credit apportioned to any property eligible 28 to for military service tax exemption under this chapter in 29 any year shall exceed the total tax, exclusive of any special 30 assessments levied against such property eligible for military 31 service tax exemption, then the excess shall be remitted by the 32 county treasurer to the department of revenue to be redeposited 33 in the general fund of the state and reallocated the following 34 year by the department. 35 -44- LSB 1950SV (2) 85 lh/rj 44/ 159
S.F. 309 Sec. 97. Section 426A.11, subsection 1, Code 2013, is 1 amended to read as follows: 2 1. The property, not to exceed two thousand seven hundred 3 seventy-eight dollars in taxable value of any veteran, as 4 defined in section 35.1 , of the First World War I . 5 Sec. 98. Section 441.16, subsection 2, paragraph b, Code 6 2013, is amended to read as follows: 7 b. The combined budgets shall contain an itemized list of 8 the proposed salaries of the assessor and each deputy , ; the 9 amount required for field personnel and other personnel, their 10 number , and their compensation; the estimated amount needed for 11 expenses, printing, mileage, and other expenses necessary to 12 operate the assessor’s office , ; the estimated expenses of the 13 examining board , ; and the salaries and expenses of the local 14 board of review. 15 Sec. 99. Section 452A.2, subsection 25, paragraph a, 16 subparagraph (2), Code 2013, is amended to read as follows: 17 (2) Any liquid advertised, offered for sale, sold for 18 use as, or commonly or commercially used as a fuel for 19 propelling motor vehicles which, when subjected to distillation 20 of gasoline, naphtha, kerosene and similar petroleum 21 products [ASTM (American society for testing and materials) 22 international designation D-86], shows not less than ten per 23 centum percent distilled (recovered) below three hundred 24 forty-seven degrees Fahrenheit (one hundred seventy-five 25 degrees Centigrade) and not less than ninety-five per centum 26 percent distilled (recovered) below four hundred sixty-four 27 degrees Fahrenheit (two hundred forty degrees Centigrade). 28 Sec. 100. Section 455B.105, subsection 11, paragraph a, 29 subparagraph (2), Code 2013, is amended to read as follows: 30 (2) The relative benefits to the applicant and to the 31 public of permit and conditional permit review, issuance, and 32 monitoring compliance. It is the intention of the legislature 33 that permit fees shall not cover any costs connected with 34 correcting violation of the terms of any permit and shall not 35 -45- LSB 1950SV (2) 85 lh/rj 45/ 159
S.F. 309 impose unreasonable costs on any municipality. 1 It is the intention of the legislature that permit fees shall 2 not cover any costs connected with correcting violation of the 3 terms of any permit and shall not impose unreasonable costs on 4 any municipality. 5 Sec. 101. Section 455B.474A, Code 2013, is amended to read 6 as follows: 7 455B.474A Rules consistent with federal regulations. 8 The rules adopted by the commission under section 9 455B.474 shall be consistent with and shall not exceed the 10 requirements of federal regulations relating to the regulation 11 of underground storage tanks except as provided in section 12 455B.474, subsection 1 , paragraph “a” , subparagraph (6), 13 and section 455B.474, subsection 3 , paragraph “d” . It is 14 the intent of the general assembly that state rules adopted 15 pursuant to section 455B.474, subsection 1 , paragraph “a” , 16 subparagraph (6), and section 455B.474, subsection 3 , paragraph 17 “d” , be consistent with and not more restrictive than federal 18 regulations adopted by the United States environmental 19 protection agency when those rules are adopted. 20 Sec. 102. Section 455B.516, subsection 9, Code 2013, is 21 amended to read as follows: 22 9. a. “Toxics pollution prevention” means employment of a 23 practice which reduces the industrial use of toxic substances 24 or reduces the environmental and health hazards associated 25 with an environmental waste without diluting or concentrating 26 the waste before the release, handling, storage, transport, 27 treatment, or disposal of the waste. The term includes toxics 28 pollution prevention techniques but does not include a practice 29 which is applied to an environmental waste after the waste is 30 generated or comes into existence on or after the waste exits a 31 production or commercial operation. 32 b. “Toxics pollution prevention” does not include, promote, 33 or require any of the following: 34 a. (1) Waste burning in industrial furnaces, boilers, 35 -46- LSB 1950SV (2) 85 lh/rj 46/ 159
S.F. 309 smelters, or cement kilns for the purpose of energy recovery. 1 b. (2) The transfer of an environmental waste from one 2 environmental medium to another environmental medium, the 3 workplace environment, or a product. 4 c. (3) Off-site waste recycling. 5 d. (4) Any other method of end-of-pipe management 6 of environmental wastes including waste exchange and the 7 incorporation or embedding of regulated environmental wastes 8 into products or by-products. 9 Sec. 103. Section 456A.19, Code 2013, is amended to read as 10 follows: 11 456A.19 Expenditures. 12 1. All funds accruing to the fish and game protection fund, 13 except an equitable portion of the administration fund, shall 14 be expended solely in carrying on fish and wildlife activities. 15 Expenditures incurred by the department in carrying on the 16 activities shall be only on authorization by the general 17 assembly. 18 a. The department shall by October 1 of each year submit to 19 the department of management for transmission to the general 20 assembly a detailed estimate of the amount required by the 21 department during the succeeding year for carrying on fish and 22 wildlife activities. The estimate shall be in the same general 23 form and detail as required by law in estimates submitted by 24 other state departments. 25 b. Any unexpended balance at the end of the biennium shall 26 revert to the fish and game protection fund. 27 c. All administrative expense shall be paid from the 28 administration fund. 29 d. All other expenditures shall be paid from the state 30 conservation fund. 31 2. All expenditures under this chapter are subject to 32 approval by the director of management and the director of the 33 department of administrative services. 34 3. All moneys credited to the county conservation board 35 -47- LSB 1950SV (2) 85 lh/rj 47/ 159
S.F. 309 fund shall be used to provide grants to county conservation 1 boards to provide funding for the purposes of chapter 350 . 2 These grants are in addition to moneys appropriated to the 3 conservation boards from the county boards of supervisors. The 4 grants shall be made to the conservation boards based upon the 5 needs of the boards. Applications shall be made by the boards 6 to the commission. 7 Sec. 104. Section 459.202, subsection 1, unnumbered 8 paragraphs 1 and 2, Code 2013, are amended to read as follows: 9 a. Except as provided in subsection 3 and sections 459.203 , 10 459.205 , and 459.206 , this subsection applies to confinement 11 feeding operation structures constructed on or after May 31, 12 1995, but prior to January 1, 1999; and to the expansion of 13 structures constructed prior to January 1, 1999. 14 b. The following table represents the minimum separation 15 distance in feet required between a confinement feeding 16 operation structure and a residence not owned by the owner of 17 the confinement feeding operation, or a commercial enterprise, 18 bona fide religious institution, or an educational institution: 19 Sec. 105. Section 459.202, subsection 2, unnumbered 20 paragraphs 1 and 2, Code 2013, are amended to read as follows: 21 a. Except as provided in subsection 3 and sections 459.203 , 22 459.205 , and 459.206 , this subsection applies to confinement 23 feeding operation structures constructed on or after January 24 1, 1999, but prior to March 1, 2003, and to the expansion of 25 structures constructed on or after January 1, 1999, but prior 26 to March 1, 2003. 27 b. The following table represents the minimum separation 28 distance in feet required between a confinement feeding 29 operation structure and a residence not owned by the owner of 30 the confinement feeding operation, or a commercial enterprise, 31 bona fide religious institution, or an educational institution: 32 Sec. 106. Section 459.202, subsection 3, unnumbered 33 paragraphs 1 and 2, Code 2013, are amended to read as follows: 34 a. Except as provided in sections 459.203 , 459.205 , and 35 -48- LSB 1950SV (2) 85 lh/rj 48/ 159
S.F. 309 459.206 , this subsection applies to confinement feeding 1 operation structures constructed on or after May 31, 1995, 2 but prior to March 1, 2003; to the expansion of structures 3 constructed on or after May 31, 1995, but prior to March 1, 4 2003; and to the expansion of structures constructed prior to 5 May 31, 1995. 6 b. The following table represents the minimum separation 7 distance in feet required between a confinement feeding 8 operation structure and a public use area; or between a 9 confinement feeding operation structure and a residence not 10 owned by the owner of the confinement feeding operation, a 11 commercial enterprise, a bona fide religious institution, 12 or an educational institution, if the residence, commercial 13 enterprise, religious institution, or educational institution 14 is located within the corporate limits of a city: 15 Sec. 107. Section 459.202, subsection 4, unnumbered 16 paragraphs 1 and 2, Code 2013, are amended to read as follows: 17 a. Except as provided in subsection 5 and sections 459.203 , 18 459.205 , and 459.206 , this subsection applies to confinement 19 feeding operation structures constructed on or after March 1, 20 2003, and to the expansion of confinement feeding operation 21 structures constructed on or after March 1, 2003. 22 b. The following table represents the minimum separation 23 distance in feet required between a confinement feeding 24 operation structure and a residence not owned by the owner of 25 the confinement feeding operation, a commercial enterprise, a 26 bona fide religious institution, or an educational institution: 27 Sec. 108. Section 459.202, subsection 5, unnumbered 28 paragraphs 1 and 2, Code 2013, are amended to read as follows: 29 a. Except as provided in sections 459.203 , 459.205 , and 30 459.206 , this subsection applies to confinement feeding 31 operation structures constructed on or after March 1, 2003, and 32 to the expansion of confinement feeding operation structures 33 constructed on or after March 1, 2003. 34 b. The following table represents the minimum separation 35 -49- LSB 1950SV (2) 85 lh/rj 49/ 159
S.F. 309 distance in feet required between a confinement feeding 1 operation structure and a public use area; or between a 2 confinement feeding operation structure and a residence not 3 owned by the owner of the confinement feeding operation, a 4 commercial enterprise, a bona fide religious institution, 5 or an educational institution, if the residence, commercial 6 enterprise, religious institution, or educational institution 7 is located within the corporate limits of a city: 8 Sec. 109. Section 459.401, subsection 2, unnumbered 9 paragraph 1, Code 2013, is amended to read as follows: 10 The compliance fund is composed of three accounts , : the 11 general account, the assessment account, and the educational 12 program account. 13 Sec. 110. Section 468.202, Code 2013, is amended to read as 14 follows: 15 468.202 Agreement in advance. 16 The agreement with the federal government contemplated in 17 section 468.201 may be entered into by the board in advance of 18 the filing of the plan —— plan, such agreement to be effective 19 if the plan is finally adopted. If the plan is approved the 20 board shall make a record of any such cooperative agreement. 21 Sec. 111. Section 468.309, Code 2013, is amended to read as 22 follows: 23 468.309 Appeal by trustees or boards. 24 Trustees or boards of supervisors having charge of any 25 previously organized district which is proposed to be included 26 ( either in whole or in part ) within the new intercounty 27 district may, in the same manner and under the same procedure , 28 appeal to the district court from the action of the joint 29 boards in establishing the new district or in including therein 30 the previously organized district or any part thereof. 31 Sec. 112. Section 476.6, subsection 22, Code 2013, is 32 amended to read as follows: 33 22. Nuclear generating facilities —— legislative intent. 34 a. It is the intent of the general assembly to require 35 -50-