House Study Bill 598 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON BALTIMORE) A BILL FOR An Act relating to nonsubstantive Code corrections. 1 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 2 TLSB 5540HC (14) 86 lh/rj
H.F. _____ DIVISION I 1 MISCELLANEOUS CHANGES 2 Section 1. Section 8.55, subsection 2, paragraph a, Code 3 2016, is amended to read as follows: 4 a. The first sixty million dollars of the difference between 5 the actual net revenue for the general fund of the state for 6 the fiscal year and the adjusted revenue estimate for the 7 fiscal year shall be transferred to the taxpayers trust fund 8 created in section 8.57E . 9 Sec. 2. Section 13.15, Code 2016, is amended to read as 10 follows: 11 13.15 Rules and forms —— fees. 12 1. The farm mediation service shall recommend rules to the 13 farm assistance program coordinator. The coordinator shall 14 adopt rules pursuant to chapter 17A to set the compensation of 15 mediators and to implement this subchapter and chapters 654A , 16 654B , and 654C . 17 2. a. The rules shall provide for an hourly mediation fee 18 not to exceed fifty dollars for the borrower and one hundred 19 dollars for the creditor. The hourly mediation fee may be 20 waived for any party demonstrating financial hardship upon 21 application to the farm mediation service. 22 b. The compensation of a mediator shall be no more than 23 twenty-five dollars per hour, and all parties shall contribute 24 an equal amount of the cost. 25 3. The coordinator shall adopt voluntary mediation 26 application and mediation request forms. 27 Sec. 3. Section 16.92, subsection 1, paragraph e, Code 2016, 28 is amended to read as follows: 29 e. “Mortgage” means a mortgage or mortgage lien on an 30 interest in real property in this state given to secure a loan 31 in an original principal amount equal to or less than the 32 maximum principal amount as determined by the division board 33 and adopted by the Iowa finance authority pursuant to chapter 34 17A . 35 -1- LSB 5540HC (14) 86 lh/rj 1/ 88
H.F. _____ Sec. 4. Section 19B.2, Code 2016, is amended to read as 1 follows: 2 19B.2 Equal opportunity in state employment —— affirmative 3 action. 4 1. It is the policy of this state to provide equal 5 opportunity in state employment to all persons. An individual 6 shall not be denied equal access to state employment 7 opportunities because of race, creed, color, religion, national 8 origin, sex, age, or physical or mental disability. It also is 9 the policy of this state to apply affirmative action measures 10 to correct deficiencies in the state employment system where 11 those remedies are appropriate. This policy shall be construed 12 broadly to effectuate its purposes. 13 2. It is the policy of this state to permit special 14 appointments by bypassing the usual testing procedures for any 15 applicant for whom the division of vocational rehabilitation 16 services of the department of education or the department 17 for the blind has certified the applicant’s disability 18 and competence to perform the job. The department of 19 administrative services, in cooperation with the department 20 for the blind and the division of vocational rehabilitation 21 services, shall develop appropriate certification procedures. 22 This paragraph subsection should not be interpreted to bar 23 promotional opportunities for persons who are blind or persons 24 with physical or mental disabilities. If this paragraph 25 subsection conflicts with any other provisions of this chapter , 26 the provisions of this paragraph subsection govern. 27 Sec. 5. Section 26.13, subsection 2, unnumbered paragraph 28 1, Code 2016, is amended to read as follows: 29 Payments made by a governmental entity or the state 30 department of transportation for the construction of public 31 improvements and highway, bridge, or culvert projects shall be 32 made in accordance with the provisions of chapter 573 , except 33 as provided in this section : 34 Sec. 6. Section 28F.10, Code 2016, is amended to read as 35 -2- LSB 5540HC (14) 86 lh/rj 2/ 88
H.F. _____ follows: 1 28F.10 Refunding bonds. 2 Refunding bonds may be issued by an entity in a principal 3 amount sufficient to provide funds for the payment (including 4 payment, including premium, if any) any, of bonds issued by 5 said entity pursuant to the provisions of this chapter to be 6 refunded thereby and the interest thereon and in addition for 7 the payment of all expenses incident to the calling, retiring, 8 or paying of such outstanding bonds to be refunded, such 9 refunding bonds may also finance the construction of a project 10 or projects authorized by this chapter or the improvement, 11 addition, betterment or extension of an existing project or 12 projects so authorized. Said refunding bonds shall not be 13 issued to refund the principal of and interest on any bonds to 14 be refunded unless such bonds mature or are redeemable under 15 their terms within ten years from the date of delivery of the 16 refunding bonds. The proceeds of said refunding bonds to be 17 used for the payment of the principal of, interest on and 18 redemption premiums, if any, on said bonds to be refunded which 19 will not be due and payable immediately shall be deposited in 20 trust for the sole purpose of making such payments in a bank or 21 trust company within the state. Any moneys in such trust fund, 22 prior to the date such funds will be needed for the payment 23 of such principal of, interest on and redemption premiums, if 24 any, of such outstanding bonds to be refunded, may be invested 25 or reinvested as provided in the resolution authorizing said 26 refunding bonds. Refunding bonds shall be issued in the same 27 manner and detail as revenue bonds herein authorized. 28 Sec. 7. Section 29B.6, Code 2016, is amended to read as 29 follows: 30 29B.6 Imposition of restraint. 31 1. Arrest “Arrest” is the restraint of a person by an order, 32 not imposed as a punishment for an offense, directing the 33 person to remain within certain specified limits. Confinement 34 “Confinement” is the physical restraint of a person. 35 -3- LSB 5540HC (14) 86 lh/rj 3/ 88
H.F. _____ 2. An enlisted member may be ordered into arrest or 1 confinement by any commissioned officer by an order, oral or 2 written, delivered in person or through other persons subject 3 to this code or through any person authorized by this code to 4 apprehend persons. 5 3. A commanding officer may authorize warrant officers 6 or noncommissioned officers to order enlisted members of the 7 officer’s command or subject to the officer’s authority into 8 arrest or confinement. 9 4. A commissioned officer or a warrant officer may be 10 ordered apprehended or into arrest or confinement only by a 11 commanding officer to whose authority the commissioned or 12 warrant officer is subject, by an order, oral or written, 13 delivered in person or by another commissioned officer. The 14 authority to order such persons apprehended or into arrest or 15 confinement may not be delegated. 16 5. This section does not limit the authority of persons 17 authorized to apprehend offenders to secure the custody of an 18 alleged offender until the proper authority is notified. 19 Sec. 8. Section 29C.23, Code 2016, is amended to read as 20 follows: 21 29C.23 Iowa radio interoperability platform. 22 The Iowa radio interoperability platform shall be under 23 the joint purview of the department of public safety and the 24 department of transportation. The departments shall jointly 25 submit a biannual report to the Iowa statewide interoperable 26 communications system board established in section 80.28, 27 beginning July 1, 2016. 28 Sec. 9. Section 39.17, Code 2016, is amended to read as 29 follows: 30 39.17 County officers. 31 1. There shall be elected in each county at the general 32 election to be held in the year 1976 and every four years 33 thereafter, an auditor and a sheriff, each to hold office for a 34 term of four years. 35 -4- LSB 5540HC (14) 86 lh/rj 4/ 88
H.F. _____ 2. There shall be elected in each county at the general 1 election to be held in 1974 and each four years thereafter, a 2 treasurer, a recorder , and a county attorney who shall each 3 hold office for a term of four years. 4 Sec. 10. Section 46.6, Code 2016, is amended to read as 5 follows: 6 46.6 Equal seniority. 7 If the judges of longest service (other service, other than 8 the chief justice) justice, of the supreme court or of the 9 district court in a district are of equal service, the eldest 10 of such judges shall be chairperson of the particular judicial 11 nominating commission. 12 Sec. 11. Section 80B.14, Code 2016, is amended to read as 13 follows: 14 80B.14 Budget submitted to department of management. 15 The Iowa law enforcement academy council shall annually 16 submit estimates of its expenditure requirements to the 17 department of management, annually and in such form as required 18 by chapter 8 estimates of its expenditure requirements . Such 19 The estimates shall include the costs of administration, 20 maintenance, and operation, and the cost of any proposed 21 capital improvements or additional programs. 22 Sec. 12. Section 84A.4, subsection 1, Code 2016, is amended 23 to read as follows: 24 1. A regional advisory board shall be established in 25 each service delivery area as defined in section 84B.2 . The 26 members of the each board shall be appointed by the governor, 27 consistent with the requirements of federal law and in 28 consultation with chief elected officials within the region. 29 Chief elected officials responsible for recommendations 30 for board membership shall include, but are not limited to, 31 county elected officials, municipal elected officials, and 32 community college directors. The membership of each board 33 shall provide for equal representation of business and labor 34 and shall include a county elected official, a city official, a 35 -5- LSB 5540HC (14) 86 lh/rj 5/ 88
H.F. _____ representative of a school district, and a representative of a 1 community college. 2 Sec. 13. Section 89B.8, subsection 2, Code 2016, is amended 3 to read as follows: 4 2. The division of labor services shall administer this 5 division of the chapter subchapter . The division may exercise 6 the enforcement powers set out in chapter 88 and the rules 7 adopted pursuant to chapter 88 to enforce this division of the 8 chapter subchapter . 9 Sec. 14. Section 89B.12, subsections 2 and 3, Code 2016, are 10 amended to read as follows: 11 2. The division of labor services shall receive and handle 12 requests for information and complaints under this division 13 of this chapter subchapter which involve employer information 14 covered under division subchapter II of this chapter . The 15 labor commissioner shall adopt rules pursuant to chapter 17A 16 regarding requests for information and the investigation and 17 adjudication of complaints. 18 3. Requests for information under this division of this 19 chapter subchapter are confidential. 20 Sec. 15. Section 92.5, subsection 9, Code 2016, is amended 21 to read as follows: 22 9. a. Work in connection with motor vehicles and trucks if 23 confined to the following: 24 a. (1) Dispensing gasoline and oil. 25 b. (2) Courtesy service. 26 c. (3) Car cleaning, washing, and polishing. 27 b. Nothing in this subsection shall be construed to include 28 work involving the use of pits, racks, or lifting apparatus or 29 involving the inflation of any tire mounted on a rim equipped 30 with a removable retaining ring. 31 Sec. 16. Section 96.7, subsection 1, Code 2016, is amended 32 to read as follows: 33 1. Payment. Contributions accrue and are payable, in 34 accordance with rules adopted by the department pursuant to 35 -6- LSB 5540HC (14) 86 lh/rj 6/ 88
H.F. _____ chapter 17A , on all taxable wages paid by an employer for 1 insured work. 2 Sec. 17. Section 96.7, subsection 2, paragraph a, 3 subparagraph (4), Code 2016, is amended to read as follows: 4 (4) The department shall adopt rules pursuant to chapter 5 17A prescribing the manner in which benefits shall be charged 6 against the accounts of several employers for which an 7 individual performed employment during the same calendar 8 quarter. 9 Sec. 18. Section 96.7, subsection 2, paragraph c, 10 subparagraph (2), Code 2016, is amended to read as follows: 11 (2) A construction contributory employer, as defined under 12 rules adopted by the department pursuant to chapter 17A , which 13 is newly subject to this chapter shall pay contributions at the 14 rate specified in the twenty-first benefit ratio rank until the 15 end of the calendar year in which the employer’s account has 16 been chargeable with benefits for twelve consecutive calendar 17 quarters. 18 Sec. 19. Section 96.7, subsection 4, paragraph c, Code 2016, 19 is amended to read as follows: 20 c. A hearing on an appeal shall be conducted according to 21 rules adopted by the department pursuant to chapter 17A . A 22 copy of the decision of the administrative law judge shall be 23 sent by regular mail to the last address, according to the 24 records of the department, of each affected employing unit or 25 employer. 26 Sec. 20. Section 96.7, subsection 10, Code 2016, is amended 27 to read as follows: 28 10. Group accounts. Two or more nonprofit organizations 29 or two or more governmental entities which have become 30 reimbursable employers in accordance with subsection 7 or 31 subsection 8 , paragraph “a” , may file a joint application 32 to the department for the establishment of a group account 33 for the purpose of sharing the cost of benefits paid which 34 are attributable to service in the employ of the employers. 35 -7- LSB 5540HC (14) 86 lh/rj 7/ 88
H.F. _____ The application shall identify and authorize a group 1 representative to act as the group’s agent for the purposes 2 of this subsection . Upon approval of the application, the 3 department shall establish a group account for the employers 4 effective as of the beginning of the calendar quarter in which 5 the department receives the application and shall notify the 6 group’s agent of the effective date of the account. The 7 account shall remain in effect for not less than one year 8 until terminated at the discretion of the department or upon 9 application by the group. Upon establishment of the account, 10 each employer member of the group shall be liable for benefit 11 reimbursements in lieu of contributions with respect to each 12 calendar quarter in an amount which bears the same ratio to the 13 total benefits paid in the quarter which are attributable to 14 service performed in the employ of all members of the group, 15 as the total wages paid for service performed in the employ 16 of the member in the quarter bear to the total wages paid for 17 service performed in the employ of all members of the group 18 in the quarter. The department shall adopt rules pursuant to 19 chapter 17A with respect to applications for establishment, 20 maintenance, and termination of group accounts, for addition 21 of new members to, and withdrawal of active members from group 22 accounts, and for the determination of the amounts which are 23 payable by members of the group and the time and manner of the 24 payments. 25 Sec. 21. Section 96.7, subsection 11, paragraph a, Code 26 2016, is amended to read as follows: 27 a. If on the first day of the third month in any calendar 28 quarter, the department has an outstanding balance of interest 29 accrued on advance moneys received from the federal government 30 for the payment of unemployment compensation benefits, or is 31 projected to have an outstanding balance of accruing federal 32 interest for that calendar quarter, the department shall 33 collect a uniform temporary emergency surcharge for that 34 calendar quarter, retroactive to the beginning of that calendar 35 -8- LSB 5540HC (14) 86 lh/rj 8/ 88
H.F. _____ quarter. The surcharge shall be a percentage of employer 1 contribution rates and shall be set at a uniform percentage, 2 for all employers subject to the surcharge, necessary to pay 3 the interest accrued on the moneys advanced to the department 4 by the federal government, and to pay any additional federal 5 interest which will accrue for the remainder of that calendar 6 quarter. The surcharge shall apply to all employers except 7 governmental entities, nonprofit organizations, and employers 8 assigned a zero contribution rate. The department shall adopt 9 rules pursuant to chapter 17A prescribing the manner in which 10 the surcharge will be collected. Interest shall accrue on all 11 unpaid surcharges under this subsection at the same rate as 12 on regular contributions and shall be collectible in the same 13 manner. The surcharge shall not affect the computation of 14 regular contributions under this chapter . 15 Sec. 22. Section 96.9, subsection 5, Code 2016, is amended 16 to read as follows: 17 5. Administration expenses excluded. Any amount credited 18 to this state’s account in the unemployment trust fund 19 under section 903 of the Social Security Act which has been 20 appropriated for expenses of administration pursuant to 21 subsection 4 of this section , whether or not withdrawn from 22 such account, shall not be deemed assets of the unemployment 23 compensation fund for the purpose of computing contribution 24 rates under section 96.7, subsection 3 , of this chapter . 25 Sec. 23. Section 96.14, subsection 3, paragraph k, Code 26 2016, is amended to read as follows: 27 k. If a political subdivision or a political subdivision 28 instrumentality becomes delinquent in the payment of 29 contributions, any payments owed as a government employer, 30 penalty, interest , and costs for more than two calendar 31 quarters, the amount of such delinquency shall be deducted 32 from any further moneys due the employer by the state. Such 33 deduction shall be made by the director of the department of 34 administrative services upon certification of the amount due. 35 -9- LSB 5540HC (14) 86 lh/rj 9/ 88
H.F. _____ A copy of the certification will be mailed to the employer. 1 Sec. 24. Section 96.19, subsection 4, Code 2016, is amended 2 to read as follows: 3 4. “Benefit year”. The term “benefit “Benefit year” means a 4 period of one year beginning with the day with respect to which 5 an individual filed a valid claim for benefits. Any claim for 6 benefits made in accordance with section 96.6, subsection 1 , 7 shall be deemed to be a valid claim for the purposes of this 8 subsection if the individual has been paid wages for insured 9 work required under the provisions of this chapter . 10 Sec. 25. Section 96.19, subsection 16, paragraphs b, d, and 11 g, Code 2016, are amended to read as follows: 12 b. Any employing unit (whether , whether or not an employing 13 unit at the time of acquisition) acquisition, which acquired 14 the organization, trade, or business, or substantially all of 15 the assets thereof, of another employing unit which at the time 16 of such acquisition was an employer subject to this chapter , or 17 which acquired a part of the organization, trade, or business 18 of another employing unit which at the time of such acquisition 19 was an employer subject to this chapter . Provided, that 20 such other employing unit would have been an employer under 21 paragraph “a” of this subsection , if such part had constituted 22 its entire organization, trade, or business. 23 d. Any employing unit which , together with one or more 24 other employing units, is owned or controlled (by , by legally 25 enforceable means or otherwise) otherwise, directly or 26 indirectly by the same interests, or which owns or controls one 27 or more other employing units (by by legally enforceable means 28 or otherwise) otherwise , and which, if treated as a single unit 29 with such other employing unit, would be an employer under 30 paragraph “a” of this subsection . 31 g. Any employing unit not an employer by reason of any 32 other paragraph of this subsection for which, within either 33 the current or preceding calendar year, service is or was 34 performed with respect to which such employing unit is liable 35 -10- LSB 5540HC (14) 86 lh/rj 10/ 88
H.F. _____ for any federal tax against which credit may be taken for 1 contributions required to be paid into a state unemployment 2 fund; or which, as a condition for approval of this chapter for 3 full tax credit against the tax imposed by the federal Federal 4 Unemployment Tax Act , (26 U.S.C. §3301 3308) 26 U.S.C. §3301 5 3308 , is required, pursuant to such Act, to be an “employer” 6 under this chapter . Provided, however, that if an employer 7 subject to contributions solely because of the terms of this 8 subsection shall establish proper proof to the satisfaction of 9 the department that the employer’s employees have been and will 10 be duly covered and insured under the unemployment compensation 11 law of another jurisdiction such employer shall not be deemed 12 an employer and such services shall not be deemed employment 13 under this chapter . 14 Sec. 26. Section 96.19, subsection 18, paragraph a, 15 subparagraphs (1), (3), and (5), Code 2016, are amended to read 16 as follows: 17 (1) Any officer of a corporation. Provided that the term 18 “employment” shall not include such officer if the officer is a 19 majority stockholder and the officer shall not be considered an 20 employee of the corporation unless such services are subject to 21 a tax to be paid under any federal law imposing a tax against 22 which credit may be taken for contributions required to be paid 23 into a state unemployment fund or such services are required 24 to be covered under this chapter of the Code, as a condition 25 to receipt of a full tax credit against the tax imposed by the 26 federal Federal Unemployment Tax Act (26 U.S.C. §3301 3309) , 27 26 U.S.C. §3301 3309 , or 28 (3) (a) Any individual other than an individual who 29 is an employee under subparagraphs (1) or (2) who performs 30 services for remuneration for any person as an agent driver 31 or commission driver engaged in distributing meat products, 32 vegetable products, fruit products, bakery products, beverages 33 (other other than milk) milk , or laundry or dry cleaning 34 services for the individual’s principal; as a traveling or 35 -11- LSB 5540HC (14) 86 lh/rj 11/ 88
H.F. _____ city salesperson, other than as an agent driver or commission 1 driver, engaged upon a full-time basis in the solicitation on 2 behalf of, and the transmission to, the individual’s principal , 3 (except except for sideline sales activities on behalf of some 4 other person) person, of orders from wholesalers, retailers, 5 contractors, or operators of hotels, restaurants, or other 6 similar establishments for merchandise for resale or supplies 7 for use in their business operations. 8 (b) Provided, that for purposes of this subparagraph (3), 9 the term “employment” shall include services performed after 10 December 31, 1971, only if: 11 (i) The contract of service contemplates that substantially 12 all of the services are to be performed personally by such 13 individual; 14 (ii) The individual does not have a substantial investment 15 in facilities used in connection with the performance of the 16 services (other , other than in facilities for transportation) 17 transportation ; and 18 (iii) The services are not in the nature of single 19 transaction that is not part of a continuing relationship with 20 the person for whom the services are performed. 21 (5) Service performed after December 31, 1971, by 22 an individual in the employ of a religious, charitable, 23 educational, or other organization, but only if the service is 24 excluded from “employment” as defined in the federal Federal 25 Unemployment Tax Act (26 U.S.C. §3301 3309) , 26 U.S.C. §3301 26 3309, solely by reason of section 3306(c)(8) of that Act. 27 Sec. 27. Section 96.19, subsection 18, paragraph b, 28 subparagraph (5), Code 2016, is amended to read as follows: 29 (5) Notwithstanding any other provisions of this 30 subsection , service with respect to which a tax is required 31 to be paid under any federal law imposing a tax against which 32 credit may be taken for contributions required to be paid into 33 a state unemployment fund or which, as a condition for full 34 tax credit against the tax imposed by the Federal Unemployment 35 -12- LSB 5540HC (14) 86 lh/rj 12/ 88
H.F. _____ Tax Act (26 U.S.C. §3301 3308) , 26 U.S.C. §3301 3308 , is 1 required to be covered under this chapter . 2 Sec. 28. Section 96.19, subsection 18, paragraph g, 3 subparagraph (3), subparagraph division (c), Code 2016, is 4 amended to read as follows: 5 (c) In connection with the production or harvesting of any 6 commodity defined as an agricultural commodity in section 15(g) 7 of the Agricultural Marketing Act, as amended [46 Stat. 1550, 8 §3, 12 U.S.C. §1141j] , 46 Stat. 1550, §3, 12 U.S.C. §1141j , or 9 in connection with ginning of cotton, or in connection with the 10 operation or maintenance of ditches, canals, reservoirs, or 11 waterways, not owned or operated for profit, used exclusively 12 for supplying and storing water for farming purposes. 13 Sec. 29. Section 96.19, subsection 18, paragraph g, 14 subparagraph (3), subparagraph division (d), subparagraph 15 subdivision (ii), Code 2016, is amended to read as follows: 16 (ii) In the employ of a group of operators of farms (or , 17 or a cooperative organization of which such operators are 18 members) members, in the performance of service described 19 in subparagraph subdivision (i) of division (d) of this 20 subparagraph , but only if such operators produced more than 21 one-half of the commodity with respect to which such service 22 is performed; 23 Sec. 30. Section 96.19, subsection 20, unnumbered paragraph 24 1, Code 2016, is amended to read as follows: 25 “Exhaustee” means an individual who, with respect to any 26 week of unemployment in the individual’s eligibility period 27 has received, prior to such week, all of the regular benefits 28 that were available to the individual under this chapter or 29 any other state law (including law, including dependents’ 30 allowances and benefits payable to federal civilian employees 31 and former armed forces personnel under 5 U.S.C. ch. 85) 5 32 U.S.C. ch. 85, in the individual’s current benefit year that 33 includes such weeks. Provided that for the purposes of this 34 subsection an individual shall be deemed to have received all 35 -13- LSB 5540HC (14) 86 lh/rj 13/ 88
H.F. _____ of the regular benefits that were available to the individual, 1 although as a result of a pending appeal with respect to 2 wages that were not considered in the original monetary 3 determination in the individual’s benefit year the individual 4 may subsequently be determined to be entitled to add regular 5 benefits, or: 6 Sec. 31. Section 96.19, subsections 22 and 33, Code 2016, 7 are amended to read as follows: 8 22. “Extended benefits” means benefits (including benefits, 9 including benefits payable to federal civilian employees and to 10 former armed forces personnel pursuant to 5 U.S.C. ch. 85) 5 11 U.S.C. ch. 85, payable to an individual under the provisions 12 of this section for weeks of unemployment in the individual’s 13 eligibility period. 14 33. “Regular benefits” means benefits payable to an 15 individual under this or under any other state law (including 16 law, including benefits payable to federal civilian employees 17 and to former armed forces personnel pursuant to 5 U.S.C. ch. 18 85) 5 U.S.C. ch. 85, other than extended benefits. 19 Sec. 32. Section 97B.43, Code 2016, is amended to read as 20 follows: 21 97B.43 Prior service credit. 22 1. Each member in service on July 4, 1953, who made 23 contributions under the abolished system, and who has not 24 applied for and qualified for benefit payments under the 25 abolished system, shall receive credit for years of prior 26 service in the determination of retirement allowance payments 27 under this chapter , if the member elects to become a member on 28 or before October 1, 1953, the member has not made application 29 for a refund of the part of the member’s contributions under 30 the abolished system which are payable under sections 97.50 31 to 97.53 , and the member gives written authorization prior to 32 October 1, 1953, to the commission to credit to the retirement 33 fund the amount of the member’s contribution which would 34 be subject to a claim for refund. The amount so credited 35 -14- LSB 5540HC (14) 86 lh/rj 14/ 88
H.F. _____ shall, after transfer, be considered as a contribution to the 1 retirement system made as of July 4, 1953, by the member and 2 shall be included in the determination of the amount of moneys 3 payable under this chapter . However, an employee who was under 4 a contract of employment as a teacher in the public schools of 5 the state of Iowa at the end of the school year 1952-1953, or 6 any person covered by section 97B.1A, subsection 20 , paragraph 7 “c” or “d” , shall be considered as in service as of July 4, 8 1953, if they were members of the abolished system. 9 2. Any person with a record of thirty years as a public 10 employee in the state of Iowa prior to July 1, 1947, and who is 11 not eligible for prior service credit under other provisions 12 of this section , is entitled to a credit for years of prior 13 service in the determination of the retirement allowance 14 payment under this chapter , provided the public employee makes 15 application to the system for credit for prior public service, 16 accompanied by verification of the person’s claim as the system 17 may require. The person’s allowance for prior service credits 18 shall be computed in the same manner as otherwise provided in 19 this section , but shall not exceed the sum of four hundred 20 fifty dollars nor be less than three hundred dollars per annum. 21 Any such person is entitled to receive retirement allowances 22 computed as provided by this chapter , effective from the date 23 of application to the system, provided such application is 24 approved. However, beginning July 1, 1975, the amount of such 25 person’s retirement allowance payment received during June 26 1975, as computed under this section shall be increased by two 27 hundred percent and the allowance for prior service credits 28 shall not exceed one thousand three hundred fifty dollars nor 29 be less than nine hundred dollars per annum. Effective July 30 1, 1987, there is appropriated for each fiscal year from the 31 Iowa public employees’ retirement fund created in section 97B.7 32 to the system an amount sufficient to fund the retirement 33 allowance increases paid under this paragraph subsection . 34 Effective July 1, 1980, a person with a record of thirty years 35 -15- LSB 5540HC (14) 86 lh/rj 15/ 88
H.F. _____ as a public employee in the state of Iowa prior to July 1, 1 1947, receiving retirement allowances under this chapter shall 2 receive the monthly increase in benefits provided in section 3 97B.49G, subsection 3 , paragraph “a” . 4 3. Each individual who on or after July 1, 1978, was an 5 active, vested, or retired member and who (1) made application 6 for and received a refund of contributions made under the 7 abolished system or (2) has on deposit with the retirement fund 8 contributions made under the abolished system shall be entitled 9 to credit for years of prior service in the determination of 10 retirement allowance payments by filing a written election 11 with the system on or after July 1, 1978, and by redepositing 12 any withdrawn contributions under the abolished system 13 together with interest as stated in this paragraph subsection . 14 Any individual who on or after July 1, 1978, is a retired 15 member and who made application for and received a refund of 16 contributions made under the abolished system may, by filing 17 a written election with the system on or after July 1, 1978, 18 have the system retain fifty percent of the monthly increase in 19 retiree benefits that will accrue to the individual because of 20 prior service. If the monthly increase in retirement benefits 21 is less than ten dollars, the system shall retain five dollars 22 of the scheduled increase, and if the monthly increase is less 23 than five dollars, the provisions of this paragraph subsection 24 shall not apply. The system shall continue to retain such 25 funds until the withdrawn contributions, together with interest 26 accrued to the month in which the written election is filed, 27 have been repaid. Due notice of this provision shall be sent 28 to all retired members on or after July 1, 1978. However, this 29 paragraph subsection shall not apply to any person who received 30 a refund of any membership service contributions unless the 31 person repaid the membership service contributions pursuant 32 to section 97B.80C ; but a refund of contributions remitted 33 for the calendar quarter ending September 30, 1953, which was 34 based entirely upon employment which terminated prior to July 35 -16- LSB 5540HC (14) 86 lh/rj 16/ 88
H.F. _____ 4, 1953, shall not be considered as a refund of membership 1 service contributions. The interest to be paid into the fund 2 shall be compounded at the rates credited to member accounts 3 from the date of payment of the refund of contributions under 4 the abolished system to the date the member redeposits the 5 refunded amount. The provisions of the first paragraph of 6 this section subsection 1 relating to the consideration given 7 to credited amounts shall apply to the redeposited amounts 8 or to amounts left on deposit. Effective July 1, 1978, the 9 provisions of this paragraph subsection shall apply to each 10 individual who on or after July 1, 1978, was an active, vested, 11 or retired member, but who was not in service on July 4, 1953. 12 The period for filing the written election with the system and 13 redepositing any withdrawn contributions together with interest 14 accrued shall commence July 1, 1978. A member who is a retired 15 member on or after July 1, 1978, may file written election with 16 the system on or after July 1, 1978, to have the system retain 17 fifty percent of the monthly increase as provided in this 18 paragraph subsection . 19 4. Effective July 1, 2004, a member eligible for an 20 increased retirement allowance because of the repayment of 21 contributions under this section is entitled to receipt of 22 adjustment payments beginning with the month in which payment 23 was received by the system. 24 Sec. 33. Section 99B.27, subsection 2, paragraph n, Code 25 2016, is amended to read as follows: 26 n. No A person receives shall not receive or has have any 27 fixed or contingent right to receive, directly or indirectly, 28 any profit, remuneration, or compensation from or related to 29 a game in a card game tournament, except any amount which the 30 person may win as a participant on the same basis as the other 31 participants. 32 Sec. 34. Section 99B.27, subsection 2, paragraph p, 33 unnumbered paragraph 1, Code 2016, is amended to read as 34 follows: 35 -17- LSB 5540HC (14) 86 lh/rj 17/ 88
H.F. _____ The person conducting the card game tournament does none 1 shall not do any of the following: 2 Sec. 35. Section 135B.7, subsection 2, paragraph a, Code 3 2016, is amended to read as follows: 4 a. The rules shall state that a hospital shall not deny 5 clinical privileges to physicians and surgeons, podiatric 6 physicians, osteopathic physicians and surgeons, dentists, 7 certified health service providers in psychology, physician 8 assistants, or advanced registered nurse practitioners licensed 9 under chapter 148 , 148C , 149 , 152 , or 153 , or section 154B.7 , 10 solely by reason of the license held by the practitioner 11 or solely by reason of the school or institution in which 12 the practitioner received medical schooling or postgraduate 13 training if the medical schooling or postgraduate training was 14 accredited by an organization recognized by the council on 15 postsecondary higher education accreditation or an accrediting 16 group recognized by the United States department of education. 17 Sec. 36. Section 148E.2, subsection 1, paragraphs b and c, 18 Code 2016, are amended to read as follows: 19 b. Successful completion of a three-year postsecondary 20 training program or acupuncture college program which is 21 accredited by, in candidacy for accreditation by, or which 22 meets the standards of the national accreditation commission 23 for schools and colleges of acupuncture and oriental medicine. 24 c. Successful completion of a course in clean needle 25 technique approved by the national certification commission for 26 the certification of acupuncturists acupuncture and oriental 27 medicine . 28 Sec. 37. Section 153.15A, subsection 1, paragraph a, Code 29 2016, is amended to read as follows: 30 a. That the applicant possesses a degree or certificate of 31 graduation from a college, university, or institution of higher 32 education, accredited by a national agency recognized by the 33 council on postsecondary higher education accreditation or the 34 United States department of education, in a program of dental 35 -18- LSB 5540HC (14) 86 lh/rj 18/ 88
H.F. _____ hygiene with a minimum of two academic years of curriculum. 1 Sec. 38. Section 161A.72, subsection 1, Code 2016, is 2 amended to read as follows: 3 1. Financial incentives provided under this chapter shall 4 be administered by the division. The incentives shall be 5 supported with funds appropriated by the general assembly, 6 and moneys available to or obtained by the division or the 7 committee from public or private sources, including but 8 not limited to the United States, other states, or private 9 organizations. The division shall adopt all rules consistent 10 with chapter 17A necessary to carry out the purpose of this 11 division subchapter as provided in section 161A.70 . 12 Sec. 39. Section 225.24, Code 2016, is amended to read as 13 follows: 14 225.24 Collection of preliminary expense. 15 Unless a committed private patient or those legally 16 responsible for the patient’s support offer to settle the 17 amount of the claims, the regional administrator for the 18 person’s county of residence shall collect, by action if 19 necessary, the amount of all claims for per diem and expenses 20 that have been approved by the regional administrator for the 21 county and paid by the regional administrator as provided under 22 section 225.21 . Any amount collected shall be credited to the 23 county mental health and disabilities services fund created in 24 accordance with section 331.424A . 25 Sec. 40. Section 234.39, Code 2016, is amended to read as 26 follows: 27 234.39 Responsibility for cost of services. 28 1. It is the intent of this chapter that an individual 29 receiving foster care services and the individual’s parents or 30 guardians shall have primary responsibility for paying the cost 31 of the care and services. The support obligation established 32 and adopted under this section shall be consistent with the 33 limitations on legal liability established under sections 34 222.78 and 230.15 , and by any other statute limiting legal 35 -19- LSB 5540HC (14) 86 lh/rj 19/ 88
H.F. _____ responsibility for support which may be imposed on a person for 1 the cost of care and services provided by the department. The 2 department shall notify an individual’s parents or guardians, 3 at the time of the placement of an individual in foster care, 4 of the responsibility for paying the cost of care and services. 5 Support obligations shall be established as follows: 6 1. a. For an individual to whom section 234.35, subsection 7 1 , is applicable, a dispositional order of the juvenile court 8 requiring the provision of foster care, or an administrative 9 order entered pursuant to chapter 252C , or any order 10 establishing paternity and support for a child in foster care, 11 shall establish, after notice and a reasonable opportunity to 12 be heard is provided to a parent or guardian, the amount of 13 the parent’s or guardian’s support obligation for the cost 14 of foster care provided by the department. The amount of 15 the parent’s or guardian’s support obligation and the amount 16 of support debt accrued and accruing shall be established in 17 accordance with the child support guidelines prescribed under 18 section 598.21B . However, the court, or the department of 19 human services in establishing support by administrative order, 20 may deviate from the prescribed obligation after considering 21 a recommendation by the department for expenses related to 22 goals and objectives of a case permanency plan as defined 23 under section 237.15 , and upon written findings of fact which 24 specify the reason for deviation and the prescribed guidelines 25 amount. Any order for support shall direct the payment of 26 the support obligation to the collection services center for 27 the use of the department’s foster care recovery unit. The 28 order shall be filed with the clerk of the district court 29 in which the responsible parent or guardian resides and has 30 the same force and effect as a judgment when entered in the 31 judgment docket and lien index. The collection services center 32 shall disburse the payments pursuant to the order and record 33 the disbursements. If payments are not made as ordered, the 34 child support recovery unit may certify a default to the court 35 -20- LSB 5540HC (14) 86 lh/rj 20/ 88
H.F. _____ and the court may, on its own motion, proceed under section 1 598.22 or 598.23 or the child support recovery unit may enforce 2 the judgment as allowed by law. An order entered under this 3 subsection paragraph may be modified only in accordance with 4 the guidelines prescribed under section 598.21C , or under 5 chapter 252H . 6 2. b. For an individual who is served by the department 7 of human services under section 234.35 , and is not subject 8 to a dispositional order of the juvenile court requiring the 9 provision of foster care, the department shall determine the 10 obligation of the individual’s parent or guardian pursuant 11 to chapter 252C and in accordance with the child support 12 guidelines prescribed under section 598.21B . However, the 13 department may adjust the prescribed obligation for expenses 14 related to goals and objectives of a case permanency plan as 15 defined under section 237.15 . An obligation determined under 16 this subsection paragraph may be modified only in accordance 17 with conditions under section 598.21C , or under chapter 252H . 18 3. 2. A person entitled to periodic support payments 19 pursuant to an order or judgment entered in any action for 20 support, who also is or has a child receiving foster care 21 services, is deemed to have assigned to the department 22 current and accruing support payments attributable to the 23 child effective as of the date the child enters foster care 24 placement, to the extent of expenditure of foster care funds. 25 The department shall notify the clerk of the district court 26 when a child entitled to support payments is receiving foster 27 care services pursuant to chapter 234 . Upon notification 28 by the department that a child entitled to periodic support 29 payments is receiving foster care services, the clerk of 30 the district court shall make a notation of the automatic 31 assignment in the judgment docket and lien index. The notation 32 constitutes constructive notice of assignment. The clerk of 33 court shall furnish the department with copies of all orders 34 and decrees awarding support when the child is receiving 35 -21- LSB 5540HC (14) 86 lh/rj 21/ 88
H.F. _____ foster care services. At the time the child ceases to receive 1 foster care services, the assignment of support shall be 2 automatically terminated. Unpaid support accrued under the 3 assignment of support rights during the time that the child was 4 in foster care remains due to the department up to the amount 5 of unreimbursed foster care funds expended. The department 6 shall notify the clerk of court of the automatic termination 7 of the assignment. Unless otherwise specified in the support 8 order, an equal and proportionate share of any child support 9 awarded shall be presumed to be payable on behalf of each child 10 subject to the order or judgment for purposes of an assignment 11 under this section . 12 4. 3. The support debt for the costs of services, for which 13 a support obligation is established pursuant to this section , 14 which accrues prior to the establishment of the support debt, 15 shall be collected, at a maximum, in the amount which is the 16 amount of accrued support debt for the three months preceding 17 the earlier of the following: 18 a. The provision by the child support recovery unit of the 19 initial notice to the parent or guardian of the amount of the 20 support obligation. 21 b. The date that the written request for a court hearing 22 is received by the child support recovery unit as provided in 23 section 252C.3 or 252F.3 . 24 5. 4. If the department makes a subsidized guardianship 25 payment for a child, the payment shall be considered a foster 26 care payment for purposes of child support recovery. All 27 provisions of this and other sections, and of rules and orders 28 adopted or entered pursuant to those sections, including 29 for the establishment of a paternity or support order, for 30 the amount of a support obligation, for the modification or 31 adjustment of a support obligation, for the assignment of 32 support, and for enforcement shall apply as if the child 33 were receiving foster care services, or were in foster care 34 placement, or as if foster care funds were being expended for 35 -22- LSB 5540HC (14) 86 lh/rj 22/ 88
H.F. _____ the child. This subsection shall apply regardless of the date 1 of placement in foster care or subsidized guardianship or the 2 date of entry of an order, and foster care and subsidized 3 guardianship shall be considered the same for purposes of child 4 support recovery. 5 Sec. 41. Section 252H.2, subsection 2, paragraph m, Code 6 2016, is amended to read as follows: 7 m. “Support order” means an order for support issued 8 pursuant to this chapter, chapter 232 , 234 , 252A , 252C , 252E , 9 252F , 252H , 598 , 600B , or any other applicable chapter, or 10 under a comparable statute of another state or foreign country 11 as registered with the clerk of court or certified to the child 12 support recovery unit. 13 Sec. 42. Section 256.3, Code 2016, is amended to read as 14 follows: 15 256.3 State board established. 16 1. The state board of education is established for the 17 department. The state board consists of ten members, nine 18 voting members and one nonvoting student member. The voting 19 members shall be appointed by the governor subject to senate 20 confirmation. The nonvoting student member shall be appointed 21 as provided in section 256.5A . 22 2. The voting members shall be registered voters of 23 the state and hold no other elective or appointive state 24 office. Not more than five voting members shall be of the 25 same political party. Three of the voting members shall 26 have substantial knowledge related to the community college 27 system. The remaining six voting members shall be members of 28 the general public. A voting member shall not be engaged in 29 professional education for a major portion of the member’s time 30 nor shall the member derive a major portion of income from any 31 business or activity connected with education. Not more than 32 five voting members shall be of the same political party. 33 3. The terms of office for voting members are for six years 34 beginning and ending as provided in section 69.19 . 35 -23- LSB 5540HC (14) 86 lh/rj 23/ 88
H.F. _____ Three of the voting members shall have substantial knowledge 1 related to the community college system. The remaining six 2 voting members shall be members of the general public. 3 Sec. 43. Section 257.17, subsection 2, Code 2016, is amended 4 to read as follows: 5 2. This section does not apply to a school district 6 attendance center that has received approval from the 7 department of education under section 279.10, subsection 8 2 , to maintain a year around year-round school calendar 9 that commences classes in advance of the school start date 10 established in section 279.10, subsection 1 . The department 11 of management shall prorate the reduction made pursuant to 12 this section to account for an attendance center in a school 13 district that is approved to maintain a year around year-round 14 school calendar under section 279.10, subsection 2 . 15 Sec. 44. Section 279.10, subsection 2, Code 2016, is amended 16 to read as follows: 17 2. The board of directors of a school district and the 18 authorities in charge of an accredited nonpublic school 19 may apply to the department of education for authorization 20 to maintain a year around year-round school calendar at an 21 attendance center or school for students in prekindergarten 22 through grade eight. However, a board shall hold a public 23 hearing on any proposal relating to authorization for a 24 year around year-round school calendar prior to submitting 25 an application under this subsection to the department of 26 education for approval. 27 a. The initial application for a year around year-round 28 school calendar shall be submitted to the department of 29 education not later than November 1 of the preceding school 30 year. The department shall notify the board or the authorities 31 of the approval or denial of an application not later than the 32 next following January 15. The application may be approved 33 for one or two years at a time. A board or the authorities in 34 charge may reapply to renew an authorization by November 1 of 35 -24- LSB 5540HC (14) 86 lh/rj 24/ 88
H.F. _____ the year prior to expiration of the authorization. 1 b. An attendance center or school authorized to maintain 2 a year around year-round calendar must serve all students 3 attending the school and shall not be limited based on student 4 achievement or based on the trait or characteristic of the 5 student as defined in section 280.28 . 6 c. An attendance center or school authorized to maintain a 7 year around year-round school calendar under this subsection 8 shall provide at least ten days of instruction or the hourly 9 equivalent during eleven of the twelve months of the school 10 year. The period of time between instructional days shall not 11 exceed six weeks. 12 d. A year around year-round school calendar authorized 13 pursuant to this subsection is exempt from the school start 14 date specified in subsection 1 . 15 Sec. 45. Section 307.26, subsection 1, Code 2016, is amended 16 to read as follows: 17 1. Advise and assist the director in the development 18 of aeronautics, including but not limited to the location 19 of air terminals , ; accessibility of air terminals by other 20 modes of public transportation , ; protective zoning provisions 21 considering safety factors, noise, and air pollution , ; 22 facilities for private and commercial aircraft , ; air freight 23 facilities , ; and such other physical and technical aspects as 24 may be necessary to meet present and future needs. 25 Sec. 46. Section 310.27, subsection 3, Code 2016, is amended 26 to read as follows: 27 3. If in the judgment of the department the anticipated 28 claims against the primary road fund for any month are in 29 excess of moneys available, a temporary transfer for highway 30 construction costs may be made from the farm-to-market road 31 fund to the primary road fund providing provided that there 32 will remain in the transferring fund a sufficient balance 33 to meet the anticipated obligations. All transfers shall 34 be repaid from the primary road fund to the farm-to-market 35 -25- LSB 5540HC (14) 86 lh/rj 25/ 88
H.F. _____ road fund within sixty days from the date of the transfer. A 1 transfer shall be made only with the approval of the director 2 of the department of management and shall comply with the 3 director of the department of management’s rules relating to 4 the transfer of funds. Similar transfers may be made by the 5 department from the primary road fund to the farm-to-market 6 road fund and these transfers shall be subject to the same 7 terms and conditions that transfers from the farm-to-market 8 road fund to the primary road fund are subject. 9 Sec. 47. Section 313.4, subsection 1, paragraph a, Code 10 2016, is amended to read as follows: 11 a. Said The primary road fund is hereby appropriated for 12 and shall be used in the establishment, construction, and 13 maintenance of the primary road system, including the drainage, 14 grading, surfacing, and construction of bridges and culverts , ; 15 the elimination or improvement of railroad crossings , ; the 16 acquiring of additional right-of-way , ; and all other expense 17 incurred in the construction and maintenance of said the 18 primary road system and the maintenance and housing of the 19 department. 20 Sec. 48. Section 321.189, subsection 2, paragraph a, Code 21 2016, is amended to read as follows: 22 a. Appearing on the driver’s license shall be a 23 distinguishing number assigned to the licensee; the licensee’s 24 full name, date of birth, sex, and residence address; a colored 25 color photograph; a physical description of the licensee; 26 the name of the state; the dates of issuance and expiration; 27 and the usual signature of the licensee. The license shall 28 identify the class of vehicle the licensee may operate and the 29 applicable endorsements and restrictions which the department 30 shall require by rule. 31 Sec. 49. Section 321.190, subsection 1, paragraph a, Code 32 2016, is amended to read as follows: 33 a. The department shall, upon application and payment 34 of the required fee, issue to an applicant a nonoperator’s 35 -26- LSB 5540HC (14) 86 lh/rj 26/ 88
H.F. _____ identification card. To be valid the card shall bear a 1 distinguishing number other than a social security number 2 assigned to the cardholder, the full name, date of birth, 3 sex, residence address, a physical description and a colored 4 color photograph of the cardholder, the usual signature of 5 the cardholder, and such other information as the department 6 may require by rule. An applicant for a nonoperator’s 7 identification card shall apply for the card in the manner 8 provided in section 321.182, subsections 1 through 3 . The card 9 shall be issued to the applicant at the time of application 10 pursuant to procedures established by rule. An applicant for a 11 nonoperator’s identification card who is required by 50 U.S.C. 12 app. §451 et seq. to register with the United States selective 13 service system shall be registered by the department with the 14 selective service system as provided in section 321.183 . 15 Sec. 50. Section 321.215, subsection 5, Code 2016, is 16 amended to read as follows: 17 5. Notwithstanding any provision of this chapter to the 18 contrary, the department may issue a temporary restricted 19 license to a person eligible for a temporary restricted 20 license under this section if the person is also eligible for a 21 temporary restricted license under section 321J.20 , provided 22 the requirements of each this section and section 321J.20 are 23 satisfied. 24 Sec. 51. Section 321.492, Code 2016, is amended to read as 25 follows: 26 321.492 Peace officers’ authority. 27 1. A peace officer is authorized to stop a vehicle to 28 require exhibition of the driver’s license of the driver, to 29 serve a summons or memorandum of traffic violation, to inspect 30 the condition of the vehicle, to inspect the vehicle with 31 reference to size, weight, cargo, log book, bills of lading 32 or other manifest of employment, tires, and safety equipment, 33 or to inspect the registration certificate, the compensation 34 certificate, travel order, or permit of the vehicle. 35 -27- LSB 5540HC (14) 86 lh/rj 27/ 88
H.F. _____ 2. A peace officer having probable cause to stop a vehicle 1 may require exhibition of the proof of financial liability 2 coverage card issued for the vehicle if the vehicle is a motor 3 vehicle registered in this state. 4 3. a. All peace officers as defined in section 801.4, 5 subsection 11 , paragraphs “a”, “b”, “c”, and “h” may, having 6 reasonable grounds that equipment violations exist, conduct 7 spot inspections. 8 b. The department may designate employees under the 9 supervision of the department’s administrator of motor vehicles 10 to conduct spot inspections. 11 Sec. 52. Section 321A.1, Code 2016, is amended to read as 12 follows: 13 321A.1 Definitions. 14 The following words and phrases when used in this chapter 15 shall, for the purposes of this chapter , have the meanings 16 respectively ascribed to them in this section , except in those 17 instances where the context clearly indicates a different 18 meaning: 19 1. County system. “Book” , “list” , “record” , or “schedule” 20 kept by a county auditor, assessor, treasurer, recorder, 21 sheriff, or other county officer means the county system as 22 defined in section 445.1 . 23 2. Department. “Department” means the state department of 24 transportation. 25 3. Judgment. A “Judgment” means a judgment which has become 26 final by expiration without appeal during the time within 27 which an appeal might have been perfected, or a judgment if 28 an appeal from the judgment has been perfected, which has not 29 been stayed by the execution, filing, and approval of a bond as 30 provided in rule of appellate procedure 6.601(1), or a judgment 31 which has become final by affirmation on appeal, rendered by 32 a court of competent jurisdiction of a state or of the United 33 States, upon a cause of action arising out of the ownership, 34 maintenance, or use of a motor vehicle, as defined in this 35 -28- LSB 5540HC (14) 86 lh/rj 28/ 88
H.F. _____ section , for damages, including damages for care and loss of 1 services, because of bodily injury to or death of a person, or 2 for damages because of injury to or destruction of property, 3 including the loss of use of property, or upon a cause of 4 action on an agreement of settlement for such damages. 5 4. License. A “License” means a driver’s license as defined 6 in section 321.1 issued under the laws of this state. 7 5. Motor vehicle. “Motor vehicle” means every vehicle 8 which is self-propelled, but not including vehicles known 9 as trackless trolleys which are propelled by electric power 10 obtained from overhead trolley wires and not operated upon 11 rails. The term “car” or “automobile” shall be synonymous with 12 the term “motor vehicle” . “Motor vehicle” does not include 13 special mobile equipment as defined in this section . 14 6. Nonresident. Every “Nonresident” means every person who 15 is not a resident of this state. 16 7. Nonresident operating privilege. The “Nonresident 17 operating privilege” means the privilege conferred upon a 18 nonresident by the laws of this state pertaining to the 19 operation by the nonresident of a motor vehicle, or the use of 20 a motor vehicle owned by the nonresident, in this state. 21 8. Operator. A “Operator” means a person who is in actual 22 physical control of a motor vehicle whether or not that person 23 has a driver’s license as required under the laws of this 24 state. 25 9. Owner. “Owner” means a person who holds the legal 26 title of a motor vehicle; however, if the motor vehicle is the 27 subject of a security agreement with a right of possession in 28 the debtor, the debtor shall be deemed the owner for purposes 29 of this chapter or if the motor vehicle is leased as defined 30 in section 321.493 , the lessee shall be deemed the owner for 31 purposes of this chapter . 32 10. Person. Every “Person” means every natural person, 33 firm, partnership, association, or corporation. 34 11. Proof of financial responsibility. Proof “Proof of 35 -29- LSB 5540HC (14) 86 lh/rj 29/ 88
H.F. _____ financial responsibility” means proof of ability to respond 1 in damages for liability, on account of accidents occurring 2 subsequent to the effective date of the proof, arising out 3 of the ownership, maintenance, or use of a motor vehicle, in 4 amounts as follows: With respect to accidents occurring on 5 or after January 1, 1981, and prior to January 1, 1983, the 6 amount of fifteen thousand dollars because of bodily injury to 7 or death of one person in any one accident, and, subject to the 8 limit for one person, the amount of thirty thousand dollars 9 because of bodily injury to or death of two or more persons 10 in any one accident, and the amount of ten thousand dollars 11 because of injury to or destruction of property of others in 12 any one accident; and with respect to accidents occurring on or 13 after January 1, 1983, the amount of twenty thousand dollars 14 because of bodily injury to or death of one person in any one 15 accident, and, subject to the limit for one person, the amount 16 of forty thousand dollars because of bodily injury to or death 17 of two or more persons in any one accident, and the amount of 18 fifteen thousand dollars because of injury to or destruction of 19 property of others in any one accident. 20 12. Registration. Registration “Registration” means a 21 registration certificate or certificates and registration 22 plates issued under the laws of this state pertaining to the 23 registration of motor vehicles. 24 13. Special mobile equipment. “Special mobile equipment” 25 means every vehicle not designed or used primarily for the 26 transportation of persons or property and incidentally operated 27 or moved over the highways, including road construction or 28 maintenance machinery, ditch-digging apparatus, and implements 29 of husbandry as defined in section 321.1, subsection 32 . This 30 description does not exclude other vehicles which are within 31 the general terms of this subsection . 32 14. State. Any “State” means any state, territory, or 33 possession of the United States, the District of Columbia, or 34 any province of the Dominion of Canada. 35 -30- LSB 5540HC (14) 86 lh/rj 30/ 88
H.F. _____ Sec. 53. Section 321A.30, Code 2016, is amended to read as 1 follows: 2 321A.30 Rights not affected. 3 This chapter shall not prevent the owner of a motor vehicle, 4 the registration of which has been suspended hereunder, from 5 effecting a bona fide sale of such motor vehicle to another 6 person whose rights or privileges are not suspended under this 7 chapter nor prevent the registration of such motor vehicle by 8 such transferee. This chapter shall not in any wise way affect 9 the rights of any secured party or lessor of a motor vehicle 10 registered in the name of another as owner who becomes subject 11 to the provisions of this chapter . 12 Sec. 54. Section 321J.20, subsection 9, Code 2016, is 13 amended to read as follows: 14 9. Notwithstanding any provision of this chapter to the 15 contrary, the department may issue a temporary restricted 16 license to a person eligible for a temporary restricted 17 license under this section if the person is also eligible for a 18 temporary restricted license under section 321.215 , provided 19 the requirements of each this section and section 321.215 are 20 satisfied. 21 Sec. 55. Section 331.207, subsection 3, Code 2016, is 22 amended to read as follows: 23 3. The supervisor representation plans submitted at the 24 special election shall be stated in substantially the following 25 manner: 26 The individual members of the board of supervisors in ...... 27 county, Iowa, shall be elected: 28 Plan “one.” “one”. At large and without district residence 29 requirements for the members. 30 Plan “two.” “two”. At large but with equal-population 31 district residence requirements for the members. 32 Plan “three.” “three”. From single-member equal-population 33 districts in which the electors of each district shall elect 34 one member who must reside in that district. 35 -31- LSB 5540HC (14) 86 lh/rj 31/ 88
H.F. _____ Sec. 56. Section 357A.2, subsection 4, paragraph d, 1 subparagraph (2), subparagraph division (c), Code 2016, is 2 amended to read as follows: 3 (c) If the city reserving the right to provide service 4 fails to provide service within three years of receipt of the 5 water plan submitted under paragraph “a” , the city waives 6 its right to provide water service and shall provide notice 7 to the district or association by certified mail and the 8 district or association may provide service within the area 9 of the water plan submitted under paragraph “a” . If the city 10 fails to provide notice to the district or association, the 11 district or association may provide service in accordance with 12 this paragraph “d” , regardless of whether the district or 13 association has received such notice. 14 Sec. 57. Section 357A.2, subsection 4, paragraph d, 15 subparagraph (3), Code 2016, is amended to read as follows: 16 (3) If the district or association fails to provide 17 service within three years after a city waives the right to 18 provide water service under this paragraph “d” , the district 19 or association shall provide notice to the city by certified 20 mail and the city may provide service within the area of the 21 water plan submitted under paragraph “a” . If the district 22 or association fails to provide notice to the city, the city 23 may provide service in accordance with this paragraph “d” , 24 regardless of whether the city has received such notice. 25 Sec. 58. Section 384.78, Code 2016, is amended to read as 26 follows: 27 384.78 Prior proceedings. 28 Projects and proceedings for the levy of special assessments 29 and the issuance of special assessment bonds commenced 30 before the effective date of the city code may be hereafter 31 consummated and completed and special assessments levied and 32 special assessment bonds issued as required or permitted by 33 any statute or other law amended or repealed by 64GA 1972 Iowa 34 Acts , chapter ch. 1088 , as though such repeal or amendment 35 -32- LSB 5540HC (14) 86 lh/rj 32/ 88
H.F. _____ had not occurred, and the rights, duties, and interests 1 flowing from such projects and proceedings remain valid 2 and enforceable. Without limiting the foregoing, projects 3 commenced prior to said effective date may be financed by the 4 issuance of special assessment bonds and other bonds under any 5 such amended or repealed law or by the issuance of special 6 assessment bonds, or other bonds under the city code. For the 7 purposes of this section , commencement of a project includes 8 but is not limited to action taken by the council or authorized 9 officer to fix a date for a hearing in connection with any part 10 of a public improvement, and commencement of proceedings for 11 the levy of special assessments and the issuance of special 12 assessment bonds includes but is not limited to action taken by 13 the council to fix a date for a hearing in connection with any 14 public improvement proposed to be financed in whole or in part 15 through special assessments. 16 Sec. 59. Section 384.84, subsection 6, paragraph b, Code 17 2016, is amended to read as follows: 18 b. A legal entity described in subsection 3 , paragraph 19 “e” or “f” , shall have the same powers and duties as a city 20 utility or enterprise under paragraph “a” of this subsection 21 with respect to filing suit in an appropriate court against a 22 customer if the customer’s account for such services becomes 23 delinquent. 24 Sec. 60. Section 384.103, subsection 2, paragraph b, Code 25 2016, is amended to read as follows: 26 b. In that event event, the chief officer or official of the 27 governing body or the governing body may accept, enter into, 28 and make payment under a contract for emergency repairs without 29 holding a public hearing and advertising for bids, and the 30 provisions of chapter 26 do not apply. 31 Sec. 61. Section 403A.3, subsections 4, 5, and 7, Code 2016, 32 are amended to read as follows: 33 4. To lease or rent any dwellings, accommodations, lands, 34 buildings, structures, or facilities embraced in any project 35 -33- LSB 5540HC (14) 86 lh/rj 33/ 88
H.F. _____ and, subject to the limitations contained in this chapter with 1 respect to the rental of dwellings in housing projects, to 2 establish and revise the rents or charges therefor; to own, 3 hold, and improve real or personal property; to purchase, 4 lease, obtain options upon, acquire by gift, grant, bequest, 5 devise, or otherwise any real or personal property or any 6 interest therein; to acquire by the exercise of the power of 7 eminent domain any real property subject to section 403A.20 ; 8 to sell, lease, exchange, transfer, assign, pledge, or dispose 9 of any real or personal property or any interest therein; to 10 insure or provide for the insurance, in any stock or mutual 11 company of any real or personal property or operations of the 12 municipality against any risks or hazards; and to procure 13 or agree to the procurement of federal or state government 14 insurance or guarantees of the payment of any bonds or parts 15 thereof issued by a municipality, including the power to pay 16 premiums on any such insurance. 17 5. To invest any funds held in connection with a housing 18 project in reserve or sinking funds, or any fund not required 19 for immediate disbursement, in property or securities which 20 banks designated as state depositories may use to secure 21 the deposit of state funds; and to redeem its bonds at the 22 redemption price established therein or to purchase its bonds 23 at less than such redemption price, all bonds so redeemed or 24 purchased to be canceled. 25 7. To conduct examinations and investigations and to hear 26 testimony and take proof under oath at public or private 27 hearings on any matter material for its information; to 28 administer oaths, issue subpoenas requiring the attendance of 29 witnesses or the production of books and papers and to issue 30 commissions for the examination of witnesses who are outside 31 of the state or unable to attend or excused from attendance; 32 and to make available to appropriate agencies, including those 33 charged with the duty of abating or requiring the correction 34 of nuisances or like conditions or of demolishing unsafe 35 -34- LSB 5540HC (14) 86 lh/rj 34/ 88
H.F. _____ or insanitary structures within its area of operation, its 1 findings and recommendations with regard to any building or 2 property where conditions exist which are dangerous to the 3 public health, morals, safety, or welfare. 4 Sec. 62. Section 403A.13, Code 2016, is amended to read as 5 follows: 6 403A.13 Form and sale of bonds. 7 1. Bonds of a municipality shall be authorized by its 8 resolution and may be issued in one or more series and shall 9 bear such date or dates, mature at such time or times, bear 10 interest at such rate or rates, not exceeding that permitted by 11 chapter 74A , be in such denomination or denominations, be in 12 such form either coupon or registered, carry such conversion 13 or registration privileges, have such rank or priority, be 14 executed in such manner, be payable in such medium of payment, 15 at such place or places, and be subject to such terms of 16 redemption (with redemption, with or without premium) premium, 17 as such resolution, its trust indenture or mortgage may 18 provide. 19 2. The bonds may be sold at public or private sale at not 20 less than par. 21 3. If the officers of the municipality whose signatures 22 appear on any bonds or coupons shall cease to be such officers 23 before the delivery of the bonds, their signatures shall, 24 nevertheless, be valid and sufficient for all purposes, 25 the same as if the officers had remained in office until 26 such delivery. Any provision of any law to the contrary 27 notwithstanding, any bonds issued pursuant to this chapter 28 shall be fully negotiable. 29 4. In any suit, action or proceedings involving the validity 30 or enforcement of any bond issued pursuant to this chapter or 31 the security therefor, any such bond reciting in substance that 32 it has been issued by the municipality pursuant to this chapter 33 shall be conclusively deemed to have been issued for such 34 purpose and the housing project in respect to which such bond 35 -35- LSB 5540HC (14) 86 lh/rj 35/ 88
H.F. _____ was issued shall be conclusively deemed to have been planned, 1 located , and carried out in accordance with the purposes and 2 provisions of this chapter . 3 Sec. 63. Section 403A.14, subsection 1, paragraph j, Code 4 2016, is amended to read as follows: 5 j. Exercise all or any part or combination of the powers 6 herein granted; make such covenants (other covenants, other 7 than and in addition to the covenants herein expressly 8 authorized) authorized; and do any and all such acts and 9 things as may be necessary or convenient or desirable in order 10 to secure its bonds, or, in the absolute discretion of said 11 municipality, as will tend to make the bonds more marketable 12 notwithstanding that such covenants, acts or things may not be 13 enumerated herein. 14 Sec. 64. Section 403A.16, unnumbered paragraph 1, Code 15 2016, is amended to read as follows: 16 A municipality shall have power by its resolution, trust 17 indenture, mortgage, lease or other contract to confer upon any 18 obligee the right (in right, in addition to all rights that may 19 otherwise be conferred) conferred , upon the happening of an 20 event of default as defined in such resolution or instrument, 21 by suit, action , or proceeding in any court of competent 22 jurisdiction to: 23 Sec. 65. Section 403A.17, Code 2016, is amended to read as 24 follows: 25 403A.17 Exemption of property from execution sale. 26 All property (including funds) property, including funds, 27 owned or held by a municipality for the purposes of this 28 chapter shall be exempt from levy and sale by virtue of an 29 execution, and no execution or other judicial process shall 30 issue against the same nor shall any judgment against the 31 municipality be a charge or lien upon such property: Provided, 32 however property. However , that the provisions of this section 33 shall not apply to or limit the right of obligees to foreclose 34 or otherwise enforce any mortgage or other security executed 35 -36- LSB 5540HC (14) 86 lh/rj 36/ 88
H.F. _____ or issued pursuant to this chapter or the right of obligees 1 to pursue any remedies for the enforcement of any pledge or 2 lien on rents, fees , or revenues or the right of the federal 3 government to pursue any remedies conferred upon it pursuant to 4 the provisions of this chapter . 5 Sec. 66. Section 403A.18, Code 2016, is amended to read as 6 follows: 7 403A.18 Transfer of possession or title to federal 8 government. 9 In any contract with the federal government for annual 10 contributions to a municipality, the municipality may 11 obligate itself (which itself, which obligation shall be 12 specifically enforceable and shall not constitute a mortgage, 13 notwithstanding any other law) law, to convey to the federal 14 government possession of or title to the housing project 15 to which such contract relates, upon the occurrence of a 16 substantial default (as as defined in such contract) contract 17 with respect to the covenant or conditions to which the 18 municipality is subject; and such contract may further provide 19 that in case of such conveyance, the federal government may 20 complete, operate, manage, lease, convey , or otherwise deal 21 with the housing project and funds in accordance with the 22 terms of such contract: Provided, that the contract requires 23 that, as soon as practicable after the federal government is 24 satisfied that all defaults with respect to the housing project 25 have been cured and that the housing project will thereafter 26 be operated in accordance with the terms of the contract, the 27 federal government shall reconvey to the municipality the 28 housing project as then constituted. 29 Sec. 67. Section 404.5, Code 2016, is amended to read as 30 follows: 31 404.5 Physical review of property by assessor. 32 1. The local assessor shall review each first-year 33 application by making a physical review of the property, to 34 determine if the improvements made increased the actual value 35 -37- LSB 5540HC (14) 86 lh/rj 37/ 88
H.F. _____ of the qualified real estate by at least fifteen percent or 1 at least ten percent in the case of real property assessed 2 as residential property or the applicable percent increase 3 requirement adopted by the city or county under section 4 404.2 . If the assessor determines that the actual value of 5 that real estate has increased by at least the requisite 6 percent, the assessor shall proceed to determine the actual 7 value of the property and certify the valuation determined 8 pursuant to section 404.3 to the county auditor at the time of 9 transmitting the assessment rolls. However, if a new structure 10 is erected on land upon which no structure existed at the 11 start of the new construction, the assessor shall proceed to 12 determine the actual value of the property and certify the 13 valuation determined pursuant to section 404.3 to the county 14 auditor at the time of transmitting the assessment rolls. The 15 assessor shall notify the applicant of the determination, and 16 the assessor’s decision may be appealed to the local board 17 of review at the times specified in section 441.37 . If an 18 application for exemption is denied as a result of failure to 19 sufficiently increase the value of the real estate as provided 20 in section 404.3 , the owner may file a first annual application 21 in a subsequent year when additional improvements are made to 22 satisfy requirements of section 404.3 , and the provisions of 23 section 404.4 shall apply. After the tax exemption is granted, 24 the local assessor shall continue to grant the tax exemption, 25 with periodic physical review by the assessor, for the time 26 period specified in section 404.3, subsection 1, 2, 3 , or 4 , or 27 specified in the different schedule if one has been adopted, 28 under which the exemption was granted. The tax exemptions for 29 the succeeding years shall be granted without the taxpayer 30 having to file an application for the succeeding years. 31 2. For the purposes of this section , the actual value of 32 the property upon which the value of improvements in the form 33 of rehabilitation or additions to existing structures shall 34 be determined shall be the lower of either the amount listed 35 -38- LSB 5540HC (14) 86 lh/rj 38/ 88
H.F. _____ on the assessment rolls in the assessment year in which such 1 improvements are first begun or the price paid by the owner if 2 the improvements in the form of rehabilitation or additions to 3 existing structures were begun within one year of the date the 4 property was purchased and the sale was a fair and reasonable 5 exchange between a willing buyer and a willing seller, 6 neither being under any compulsion to buy or sell and each 7 being familiar with all the facts relating to the particular 8 property. 9 Sec. 68. Section 422.7, subsections 12A, 20, and 37, Code 10 2016, are amended to read as follows: 11 12A. a. If the adjusted gross income includes income or 12 loss from a business operated by the taxpayer, and if the 13 business does not qualify for the adjustment under subsection 14 12 , an additional deduction shall be allowed in computing the 15 income or loss from the business if the business hired for 16 employment in the state during its annual accounting period 17 ending with or during the taxpayer’s tax year either of the 18 following: 19 a. (1) An individual domiciled in this state at the time of 20 the hiring who meets any of the following conditions: 21 (1) (a) Has been convicted of a felony in this or any other 22 state or the District of Columbia. 23 (2) (b) Is on parole pursuant to chapter 906 . 24 (3) (c) Is on probation pursuant to chapter 907 , for an 25 offense other than a simple misdemeanor. 26 (4) (d) Is in a work release program pursuant to chapter 27 904, division IX . 28 b. (2) An individual, whether or not domiciled in this 29 state at the time of the hiring, who is on parole or probation 30 and to whom the interstate probation and parole compact under 31 section 907A.1 , Code 2001, applies, or to whom the interstate 32 compact for adult offender supervision under chapter 907B 33 applies. 34 b. The amount of the additional deduction is equal to 35 -39- LSB 5540HC (14) 86 lh/rj 39/ 88
H.F. _____ sixty-five percent of the wages paid to individuals, but shall 1 not exceed twenty thousand dollars per individual, named in 2 paragraphs “a” paragraph “a” , subparagraphs (1) and “b” (2) 3 who were hired for the first time by that business during the 4 annual accounting period for work done in the state. This 5 additional deduction is allowed for the wages paid to those 6 individuals successfully completing a probationary period 7 during the twelve months following the date of first employment 8 by the business and shall be deducted at the close of the 9 annual accounting period. 10 c. The additional deduction shall not be allowed for wages 11 paid to an individual who was hired to replace an individual 12 whose employment was terminated within the twelve-month 13 period preceding the date of first employment. However, if 14 the individual being replaced left employment voluntarily 15 without good cause attributable to the employer or if the 16 individual was discharged for misconduct in connection with 17 the individual’s employment as determined by the department 18 of workforce development, the additional deduction shall be 19 allowed. 20 d. A taxpayer who is a partner of a partnership or a 21 shareholder of a subchapter S corporation, may deduct that 22 portion of wages qualified under this subsection paid by the 23 partnership or subchapter S corporation based on the taxpayer’s 24 pro rata share of the profits or losses from the partnership or 25 subchapter S corporation. 26 e. The department shall develop and distribute information 27 concerning the deduction available for businesses employing 28 persons named in paragraphs “a” paragraph “a” , subparagraphs (1) 29 and “b” (2) . 30 20. a. Subtract, to the extent included, the proceeds 31 received pursuant to a judgment in or settlement of a lawsuit 32 against the manufacturer or distributor of a Vietnam herbicide 33 for damages resulting from exposure to the herbicide. This 34 subsection applies to proceeds received by a taxpayer who is a 35 -40- LSB 5540HC (14) 86 lh/rj 40/ 88
H.F. _____ disabled veteran or who is a beneficiary of a disabled veteran. 1 b. For purposes of this subsection : 2 a. (1) “Vietnam herbicide” means a herbicide, defoliant 3 or other causative agent containing dioxin, including, but 4 not limited to, Agent Orange, used in the Vietnam Conflict 5 beginning December 22, 1961, and ending May 7, 1975, inclusive. 6 b. (2) “Agent Orange” means the herbicide composed of 7 trichlorophenoxyacetic acid and dichlorophenoxyacetic acid and 8 the contaminant dioxin (TCDD). 9 37. a. Notwithstanding the method for computing income from 10 an installment sale under section 453 of the Internal Revenue 11 Code, as defined in section 422.3 , the method to be used in 12 computing income from an installment sale shall be the method 13 under section 453 of the Internal Revenue Code, as amended up 14 to and including January 1, 2000. A taxpayer affected by this 15 subsection shall make adjustments in the adjusted gross income 16 pursuant to rules adopted by the director. 17 b. The adjustment to net income provided in this subsection 18 is repealed for tax years beginning on or after January 1, 19 2002. However, to the extent that a taxpayer using the accrual 20 method of accounting reported the entire capital gain from the 21 sale or exchange of property on the Iowa return for the tax 22 year beginning in the 2001 calendar year and the capital gain 23 was reported on the installment method on the federal income 24 tax return, any additional installment from the capital gain 25 reported for federal income tax purposes is not to be included 26 in net income in tax years beginning on or after January 1, 27 2002. 28 Sec. 69. Section 441.10, Code 2016, is amended to read as 29 follows: 30 441.10 Deputies —— examination and appointment —— suspension 31 or discharge. 32 1. Immediately after the appointment of the assessor, 33 and at other times as the conference board directs, one or 34 more deputy assessors may be appointed by the assessor. Each 35 -41- LSB 5540HC (14) 86 lh/rj 41/ 88
H.F. _____ appointment shall be made from either the list of eligible 1 candidates provided by the director of revenue, which shall 2 contain only the names of those persons who achieve a score of 3 seventy percent or greater on the examination administered by 4 the director of revenue, or the list of candidates eligible 5 for appointment as city or county assessor. Examinations for 6 the position of deputy assessor shall be conducted in the same 7 manner as examinations for the position of city or county 8 assessor. 9 2. Following the administration of the examination, the 10 director of revenue shall establish a register containing 11 the names, in alphabetical order, of all individuals who are 12 eligible for appointment as a deputy assessor. The test scores 13 of individuals on the register shall be given to a city or 14 county conference board upon request. All eligible individuals 15 shall remain on the register for a period of two years 16 following the date of certification granted by the director. 17 3. Incumbent deputy assessors who have served six 18 consecutive years shall be placed on the register of 19 individuals eligible for appointment as deputy assessor. In 20 order to be appointed to the position of deputy assessor, the 21 deputy assessor shall comply with the continuing education 22 requirements. The number of credits required for certification 23 as eligible for appointment as a deputy assessor in a 24 jurisdiction other than where the deputy assessor is currently 25 serving shall be prorated according to the percentage of the 26 deputy assessor’s term which is covered by the continuing 27 education requirements of section 441.8 . The credit necessary 28 for certification for appointment is the product of ninety 29 multiplied by the quotient of the number of months served of 30 a deputy assessor’s term covered by the continuing education 31 requirements of section 441.8 divided by seventy-two. If the 32 number of credits necessary for certification for appointment 33 as determined under this paragraph subsection results in a 34 partial credit hour, the credit hour shall be rounded to the 35 -42- LSB 5540HC (14) 86 lh/rj 42/ 88
H.F. _____ nearest whole number. 1 4. The assessor may peremptorily suspend or discharge 2 any deputy assessor under the assessor’s direction upon 3 written charges for neglect of duty, disobedience of orders, 4 misconduct, or failure to properly perform the deputy 5 assessor’s duties. Within five days after delivery of written 6 charges to the employee, the deputy assessor may appeal by 7 written notice to the secretary or chairperson of the examining 8 board. The board shall grant the deputy assessor a hearing 9 within fifteen days, and a decision by a majority of the 10 examining board is final. The assessor shall designate one of 11 the deputies as chief deputy, and the assessor shall assign to 12 each deputy the duties, responsibilities, and authority as is 13 proper for the efficient conduct of the assessor’s office. 14 Sec. 70. Section 445.3, Code 2016, is amended to read as 15 follows: 16 445.3 Actions authorized. 17 1. In addition to all other remedies and proceedings 18 now provided by law for the collection of taxes, the county 19 treasurer may bring or cause an ordinary suit at law to be 20 commenced and prosecuted in the treasurer’s name for the use 21 and benefit of the county for the collection of taxes from 22 any person, as shown by the county system in the treasurer’s 23 office, and the suit shall be in all respects commenced, tried, 24 and prosecuted to final judgment the same as provided for 25 ordinary actions. 26 2. The commencement of actions for ad valorem taxes 27 authorized under this section shall not begin until the 28 issuance of a tax sale certificate under the requirements of 29 section 446.19 . The commencement of actions for all other 30 taxes authorized under this section shall not begin until ten 31 days after the publication of tax sale under the requirements 32 of section 446.9, subsection 2 . This paragraph subsection does 33 not apply to the collection of ad valorem taxes under section 34 445.32 , and grain handling taxes under section 428.35 . 35 -43- LSB 5540HC (14) 86 lh/rj 43/ 88
H.F. _____ 3. Notwithstanding the provisions in section 535.3 , 1 interest on the judgment shall be at the rate provided 2 in section 447.1 and shall commence from the month of the 3 commencement of the action. This interest shall be in lieu of 4 the interest assessed under section 445.39 from and after the 5 month of the commencement of the action. 6 4. An appeal may be taken to the Iowa supreme court as in 7 other civil cases regardless of the amount involved. 8 5. Notwithstanding any other provisions in this section , 9 if the treasurer is unable or has reason to believe that the 10 treasurer will be unable to offer land at the annual tax sale 11 to collect the total amount due, the treasurer may immediately 12 collect the total amount due by the commencement of an action 13 under this section . 14 6. Notwithstanding any other provision of law, if a statute 15 authorizes the collection of a delinquent tax, assessment, 16 rate, or charge by tax sale, the tax, assessment, rate, or 17 charge, including interest, fees, and costs, may also be 18 collected under this section and section 445.4 . 19 7. This section is remedial and shall apply to all 20 delinquent taxes included in a tax sale certificate of purchase 21 issued to a county. Upon assignment of a county-held tax sale 22 certificate, this section shall not apply to the assignee. 23 Sec. 71. Section 452A.10, Code 2016, is amended to read as 24 follows: 25 452A.10 Required records. 26 1. a. A motor fuel or special fuel supplier, restrictive 27 supplier, importer, exporter, blender, dealer, user, common 28 carrier, contract carrier, terminal, or nonterminal storage 29 facility shall maintain, for a period of three years, records 30 of all transactions by which the supplier, restrictive 31 supplier, or importer withdraws from a terminal or a 32 nonterminal storage facility within this state or imports into 33 this state motor fuel or undyed special fuel together with 34 invoices, bills of lading, and other pertinent records and 35 -44- LSB 5540HC (14) 86 lh/rj 44/ 88
H.F. _____ papers as required by the department. 1 b. If in the normal conduct of a supplier’s, restrictive 2 supplier’s, importer’s, exporter’s, blender’s, dealer’s, 3 user’s, common carrier’s, contract carrier’s, terminal’s, 4 or nonterminal storage facility’s business the records are 5 maintained and kept at an office outside this state, the 6 records shall be made available for audit and examination by 7 the department at the office outside this state, but the audit 8 and examination shall be without expense to this state. 9 2. Each distributor handling motor fuel or special fuel in 10 this state shall maintain for a period of three years records 11 of all motor fuel or undyed special fuel purchased or otherwise 12 acquired by the distributor, together with delivery tickets, 13 invoices, and bills of lading, and any other records required 14 by the department. 15 3. The department, after an audit and examination of records 16 required to be maintained under this section , may authorize 17 their disposal upon the written request of the supplier, 18 restrictive supplier, importer, exporter, blender, dealer, 19 user, carrier, terminal, nonterminal storage facility, or 20 distributor. 21 Sec. 72. Section 452A.57, subsection 8, Code 2016, is 22 amended to read as follows: 23 8. “Motor vehicle” shall mean and include all vehicles 24 (except vehicles, except those operated on rails) rails, 25 which are propelled by internal combustion engines and 26 are of such design as to permit their mobile use on public 27 highways for transporting persons or property. A farm tractor 28 while operated on a farm or for the purpose of hauling farm 29 machinery, equipment , or produce shall not be deemed to be 30 a motor vehicle. “Motor vehicle” shall not include “mobile 31 machinery and equipment” as defined in this section . 32 Sec. 73. Section 452A.66, Code 2016, is amended to read as 33 follows: 34 452A.66 Statutes applicable to motor fuel tax. 35 -45- LSB 5540HC (14) 86 lh/rj 45/ 88
H.F. _____ 1. The appropriate state agency shall administer the taxes 1 imposed by this chapter in the same manner as and subject to 2 section 422.25, subsection 4 , and section 423.35 . 3 2. All the provisions of section 422.26 shall apply in 4 respect to the taxes, penalties, interest, and costs imposed 5 by this chapter excepting that as applied to any tax imposed 6 by this chapter , the lien therein provided in section 422.26 7 shall be prior and paramount over all subsequent liens upon any 8 personal property within this state, or right to such personal 9 property, belonging to the taxpayer without the necessity of 10 recording as therein provided. The requirements for recording 11 shall, as applied to the tax imposed by this chapter , apply 12 only to the liens upon real property. When requested to do 13 so by any person from whom a taxpayer is seeking credit, 14 or with whom the taxpayer is negotiating the sale of any 15 personal property, or by any other person having a legitimate 16 interest in such information, the director shall, upon being 17 satisfied that such a situation exists, inform such person as 18 to the amount of unpaid taxes due by such taxpayer under the 19 provisions of this chapter . The giving of such information 20 under such circumstances shall not be deemed a violation of 21 section 452A.63 as applied to this chapter . 22 Sec. 74. Section 453A.1, subsection 4, Code 2016, is amended 23 to read as follows: 24 4. “Cigarette” means any roll for smoking made wholly or in 25 part of tobacco, or any substitute for tobacco, irrespective of 26 size or shape and irrespective of tobacco or any substitute for 27 tobacco being flavored, adulterated, or mixed with any other 28 ingredient, where such roll has a wrapper or cover made of 29 paper or any other material. Provided the definition herein 30 However, “cigarette” shall not be construed to include cigars. 31 Sec. 75. Section 455B.133B, subsection 4, paragraph c, 32 subparagraph (2), Code 2016, is amended to read as follows: 33 (2) A person invited to attend a stakeholder meeting is not 34 entitled to receive a per diem as specified in section 7E.6 35 -46- LSB 5540HC (14) 86 lh/rj 46/ 88
H.F. _____ and shall not be not reimbursed for expenses incurred while 1 attending the meeting. 2 Sec. 76. Section 455B.133C, subsection 4, paragraph c, 3 subparagraph (2), Code 2016, is amended to read as follows: 4 (2) A person invited to attend a stakeholder meeting is not 5 entitled to receive a per diem as specified in section 7E.6 6 and shall not be not reimbursed for expenses incurred while 7 attending the meeting. 8 Sec. 77. Section 455B.183, subsection 2, paragraph a, Code 9 2016, is amended to read as follows: 10 a. The submitted plans and specifications are in substantial 11 compliance with departmental rules and the Iowa Standards 12 standards for Sewer Systems sewer systems and the Iowa 13 Standards standards for Water Supply Distribution Systems water 14 supply distribution systems . 15 Sec. 78. Section 455B.187, Code 2016, is amended to read as 16 follows: 17 455B.187 Water well construction. 18 1. A contractor shall not engage in well construction 19 or reconstruction without first being certified as required 20 in this part and department rules adopted pursuant to this 21 part. Water wells shall not be constructed, reconstructed, 22 or abandoned by a person except as provided in this part or 23 rules adopted pursuant to this part. Within thirty days after 24 construction or reconstruction of a well, a contractor shall 25 provide well information required by rule to the department and 26 the Iowa geological survey. 27 2. A landowner or the landowner’s agent shall not drill 28 for or construct a new water well without first obtaining a 29 permit for this activity from the department. The department 30 shall not issue a permit to any person for this activity unless 31 the person first registers with the department all wells, 32 including abandoned wells, on the property. The department 33 may delegate the authority to issue a permit to a county board 34 of supervisors or the board’s designee. In the event of such 35 -47- LSB 5540HC (14) 86 lh/rj 47/ 88
H.F. _____ delegation, the department shall retain concurrent authority. 1 The commission shall adopt rules pursuant to chapter 17A to 2 implement this paragraph subsection . 3 3. The director may charge a fee for permits issued pursuant 4 to this section . All fees collected pursuant to this section 5 shall be deposited into the private water supply system account 6 within the water quality protection fund created in section 7 455B.183A . 8 4. Notwithstanding the provisions of this section , a county 9 board of supervisors or the board’s designee may grant an 10 exemption from the permit requirements to a landowner or the 11 landowner’s agent if an emergency drilling is necessary to meet 12 an immediate need for water. The exemption shall be effective 13 immediately upon approval of the county board of supervisors or 14 the board’s designee. The board of supervisors or the board’s 15 designee shall notify the director within thirty days of the 16 granting of an exemption. 17 5. In the case of property owned by a state agency, a person 18 shall not drill for or construct a new water well without 19 first registering with the department the existence of any 20 abandoned wells on the property. The department shall develop 21 a prioritized closure program and time frame for the completion 22 of the program, and shall adopt rules to implement the program. 23 Sec. 79. Section 455B.474, subsection 3, unnumbered 24 paragraph 1, Code 2016, is amended to read as follows: 25 Standards of performance for new underground storage 26 tanks which shall include but are not limited to design, 27 construction, installation, release detection, and 28 compatibility standards. Until the effective date of the 29 standards adopted by the commission and after January 1, 1986, 30 a person shall not install an underground storage tank for 31 the purpose of storing regulated substances unless the tank 32 (whether tank, whether of single or double wall construction) 33 construction, meets all the following conditions: 34 Sec. 80. Section 460.305, Code 2016, is amended to read as 35 -48- LSB 5540HC (14) 86 lh/rj 48/ 88
H.F. _____ follows: 1 460.305 Sinkholes —— conservation easement programs program . 2 1. The department shall develop and implement a program for 3 the prevention of groundwater contamination through sinkholes. 4 The program shall provide for education of landowners and 5 encourage responsible chemical and land management practices in 6 areas of the state prone to the formation of sinkholes. 7 2. The program may provide financial incentives for land 8 management practices and the acquisition of conservation 9 easements around sinkholes. The program may also provide 10 financial assistance for the cleanup of wastes dumped into 11 sinkholes. 12 3. The program shall be coordinated with the groundwater 13 protection programs of the department of natural resources 14 and other local, state, or federal government agencies which 15 could compensate landowners for resource protection measures. 16 The department shall use moneys appropriated for this purpose 17 from the agriculture management account of the groundwater 18 protection fund created in section 455E.11 . 19 Sec. 81. Section 468.13, Code 2016, is amended to read as 20 follows: 21 468.13 Procedure on report —— classification. 22 1. Upon the filing of the report of the engineer 23 recommending the establishment of the levee or drainage 24 district, the board shall at its first regular, adjourned, or 25 special meeting examine and consider the same, and, if the plan 26 is not approved the board may employ said the same engineer 27 or another disinterested engineer to report another plan or 28 make additional examination and surveys and file an additional 29 report covering such matters as the board may direct. 30 Additional surveys and reports must be made in accordance with 31 the provisions of sections 468.11 and 468.12 . At any time 32 prior to the final adoption of the plans they may be amended, 33 and as finally adopted by the board shall be conclusive unless 34 the action of the board in finally adopting them shall be 35 -49- LSB 5540HC (14) 86 lh/rj 49/ 88
H.F. _____ appealed from as hereinafter provided. 1 2. If the petition or other landowners requested a 2 classification of the district prior to establishment, the 3 board shall order a classification as provided by sections 4 468.38 through 468.44 after they have approved the report 5 of the engineer as a tentative plan. The notice of