Senate Study Bill 1183 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON SODDERS) 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 2081SC (8) 86 lh/rj
S.F. _____ DIVISION I 1 MISCELLANEOUS CHANGES 2 Section 1. Section 1D.1, Code 2015, is amended to read as 3 follows: 4 1D.1 Standard time and daylight saving time. 5 The standard time in this state is the solar time of the 6 ninetieth meridian of longitude west of Greenwich, England, 7 commonly known as central standard time, except that from two 8 o’clock 2:00 ante meridiem of the first Sunday of April in 9 every year until two o’clock 2:00 ante meridiem of the last 10 Sunday of October in the same year, standard time shall be 11 advanced one hour. The period of time so advanced shall be 12 known as “daylight saving time.” time” . 13 Sec. 2. Section 10.1, subsection 5, Code 2015, is amended 14 to read as follows: 15 5. “Cooperative association” means an entity which is 16 structured and operated on a cooperative basis pursuant to 26 17 U.S.C. §1381(a) and which meets the definitional requirements 18 of an association as provided in 12 U.S.C. §1141(j)(a) 19 §1141j(a) or 7 U.S.C. §291. 20 Sec. 3. Section 13B.4B, subsection 2, paragraph c, Code 21 2015, is amended to read as follows: 22 c. The state public defender may in the state public 23 defender’s sole discretion release claims and supporting 24 documents, including any information that would otherwise be 25 confidential in under sections 232.147 through 232.150 , to the 26 auditor of state, the Iowa supreme court attorney disciplinary 27 board, the grievance commission of the supreme court of Iowa, 28 or to other state or local agencies to the extent necessary 29 to investigate fraud or other criminal activity against the 30 attorney or vendor submitting the claim. 31 Sec. 4. Section 15.329, subsection 1, paragraph a, Code 32 2015, is amended to read as follows: 33 a. If the qualifying investment is ten million dollars 34 or more, the community has approved the project by ordinance 35 -1- LSB 2081SC (8) 86 lh/rj 1/ 75
S.F. _____ or resolution the project for the purpose of receiving the 1 benefits of this part . 2 Sec. 5. Section 16.49, subsection 3, paragraph b, Code 2015, 3 is amended to read as follows: 4 b. The authority shall annually allocate moneys available 5 in the fund for the development of infrastructure in which 6 to provide supportive services for Medicaid waiver-eligible 7 individuals who meet the psychiatric medical institution 8 institutions for children level of care. Moneys allocated to 9 such projects may be in the form of loans, forgivable loans, or 10 a combination of loans and forgivable loans. 11 Sec. 6. Section 16.49, subsection 4, paragraph b, 12 subparagraph (1), subparagraph division (a), Code 2015, is 13 amended to read as follows: 14 (a) Individuals who are currently underserved in community 15 placements, including individuals who are physically aggressive 16 or have behaviors that are difficult to manage or individuals 17 who meet the psychiatric medical institution institutions for 18 children level of care. 19 Sec. 7. Section 16.49, subsection 4, paragraph c, 20 subparagraph (1), Code 2015, is amended to read as follows: 21 (1) Provision of services to Medicaid waiver-eligible 22 individuals who meet the psychiatric medical institution 23 institutions for children level of care. 24 Sec. 8. Section 29B.26, Code 2015, is amended to read as 25 follows: 26 29B.26 Who may serve on courts-martial. 27 1. a. Any commissioned officer of or on duty with the state 28 military forces is eligible to serve on all courts-martial for 29 the trial of any person who may lawfully be brought before the 30 courts for trial. 31 b. Any warrant officer of or on duty with the state 32 military forces is eligible to serve on general and special 33 courts-martial for the trial of any person, other than a 34 commissioned officer, who may lawfully be brought before the 35 -2- LSB 2081SC (8) 86 lh/rj 2/ 75
S.F. _____ courts for trial. 1 c. Any enlisted member of the state military forces who 2 is not a member of the same unit as the accused is eligible 3 to serve on general and special courts-martial for the trial 4 of any enlisted member who may lawfully be brought before 5 the courts for trial, but the enlisted member shall serve as 6 a member of a court only if, before the end of any pretrial 7 session that is held or if none is held before the convening 8 of the court, the accused personally has requested in writing, 9 that enlisted members serve on it. After such a request, 10 the accused shall not be tried by a general or special 11 court-martial the membership of which does not include enlisted 12 members in a number comprising at least one-third of the 13 total membership of the court, unless eligible members cannot 14 be obtained on account of physical conditions or military 15 exigencies. If such members cannot be obtained, the court may 16 be convened and the trial held without them, but the convening 17 authority shall make a detailed written statement, to be 18 appended to the record, stating why they could not be obtained. 19 d. In this section , the word “unit” means any regularly 20 organized body of the state military forces. 21 2. When it can be avoided, a person subject to this code 22 shall not be tried by a court-martial any member of which is 23 junior to the person in rank or grade. 24 3. When convening a court-martial, the convening authority 25 shall detail as members of the courts-martial persons who in 26 the convening authority’s opinion, are best qualified for the 27 duty by reason of age, education, training, experience, length 28 of service, and judicial temperament. A person is not eligible 29 to serve as a member of a general or special court-martial when 30 the person is the accuser or a witness for the prosecution or 31 has acted as investigating officer, staff judge advocate, or as 32 counsel in the same case. If a military judge is not appointed 33 for a special court-martial and if a commissioned officer who 34 is a member of the bar of the highest court of the state and 35 -3- LSB 2081SC (8) 86 lh/rj 3/ 75
S.F. _____ of appropriate rank and grade is present and not otherwise 1 disqualified and within the command of the convening authority, 2 the convening authority shall appoint the commissioned officer 3 as president of a special court-martial. Failure to meet this 4 requirement does not divest a military court of jurisdiction. 5 Sec. 9. Section 29C.2, subsection 7, Code 2015, is amended 6 to read as follows: 7 7. “Mass notification and emergency messaging system” means 8 a system which disseminates emergency and public safety related 9 safety-related information to the public by various means 10 including but not limited to telephone, wireless communications 11 service, dual party relay service or telecommunications device, 12 text messaging, electronic mail, and facsimile, and which 13 integrates with federal emergency messaging systems. 14 Sec. 10. Section 35B.6, subsection 1, paragraph a, Code 15 2015, is amended to read as follows: 16 a. The members of the commission shall qualify by taking 17 the usual oath of office. The commission shall organize by 18 the selection of selecting one of their the commission members 19 as chairperson and one as secretary. The commission, subject 20 to the annual approval of the board of supervisors, shall 21 employ an executive director or administrator who shall have 22 the power to employ other necessary employees to carry out 23 the provisions of this chapter , including administrative or 24 clerical assistants, but no member of the commission shall be 25 so employed. The state department of veterans affairs shall 26 recognize the executive director or administrator as a county 27 veterans service officer of a veterans’ service organization 28 recognized pursuant to 38 C.F.R. §14.628(c) for the purposes 29 of assisting veterans and their dependents in obtaining 30 federal and state benefits. The commission shall recommend the 31 compensation of the executive director or administrator and all 32 employees of the county veteran affairs office to the board 33 of supervisors. The board of supervisors shall consider the 34 recommendation and shall determine and approve the compensation 35 -4- LSB 2081SC (8) 86 lh/rj 4/ 75
S.F. _____ of the executive director or administrator and all employees 1 of the county veteran affairs office. The executive director 2 must possess the same qualifications as provided in section 3 35B.3 for commission members. However, this qualification 4 requirement shall not apply to a person employed as an 5 executive director prior to July 1, 1989. 6 Sec. 11. Section 35B.7, Code 2015, is amended to read as 7 follows: 8 35B.7 Meetings —— report —— budget. 9 The commission shall meet monthly and at other times as 10 necessary. At the monthly meeting it the commission shall 11 determine who are entitled to county benefits and the probable 12 amount required to be expended. The commission shall meet 13 annually to prepare an estimated budget for all expenditures 14 to be made in the next fiscal year and certify the budget to 15 the board of supervisors. The board may approve or reduce the 16 budget for valid reasons shown and entered of record and the 17 board’s decision is final. 18 Sec. 12. Section 54.5, Code 2015, is amended to read as 19 follows: 20 54.5 Presidential nominees. 21 1. a. The names of the candidates for president and vice 22 president of a political party as defined in the law relating 23 to primary elections, shall, by five o’clock 5:00 p.m. on the 24 eighty-first day before the election, be certified to the state 25 commissioner by the chairperson and secretary of the state 26 central committee of the party. 27 b. However, if the national nominating convention of a 28 political party adjourns later than eighty-nine days before 29 the general election the certificate showing the names of that 30 party’s candidates for president and vice president shall be 31 filed within five days after adjournment. 32 c. As an alternative to the certificate by the state 33 central committee, the certificate of nomination issued by 34 the political party’s national nominating convention may 35 -5- LSB 2081SC (8) 86 lh/rj 5/ 75
S.F. _____ be used to certify the names of the party’s candidates for 1 president and vice president. If certificates of nomination 2 are received from both the state central committee and the 3 national nominating convention of a political party, and there 4 are differences between the two certificates, the certificate 5 filed by the state central committee shall prevail. 6 2. The state central committee shall also file a list of 7 the names and addresses of the party’s presidential electors, 8 one from each congressional district and two from the state 9 at large, not later than five o’clock 5:00 p.m. on the 10 eighty-first day before the general election. 11 3. If a candidate for the office of president or vice 12 president of the United States withdraws, dies, or is otherwise 13 removed from the ballot before the general election, another 14 candidate may be substituted. The substitution shall be made 15 by the state central committee of the political party or by 16 the governing committee of the national party. If there 17 are differences, the substitution made by the state central 18 committee shall prevail. A nonparty political organization 19 which has filed the names of party officers and central 20 committee members with the secretary of state before the close 21 of the filing period for the general election pursuant to 22 section 44.17 may also make substitutions. A substitution must 23 be filed no later than seventy-four days before the election. 24 Sec. 13. Section 57.6, Code 2015, is amended to read as 25 follows: 26 57.6 Other contests. 27 All the provisions of the chapter in relation 62 relating to 28 contested elections of county officers shall be applicable, as 29 near as may be, to contested elections for other offices, and 30 for public measures except as herein otherwise provided, and in 31 all cases process and papers may be issued to and served in the 32 manner provided by the rules of civil procedure for service of 33 an original notice by the sheriff of any county. 34 Sec. 14. Section 96.7, subsections 4, 5, 6, and 11, Code 35 -6- LSB 2081SC (8) 86 lh/rj 6/ 75
S.F. _____ 2015, are amended to read as follows: 1 4. Employer liability determination. 2 a. The department shall initially determine all questions 3 relating to the liability of an employing unit or employer, 4 including the amount of contribution, the contribution rate, 5 and successorship. A copy of the initial determination shall 6 be sent by regular mail to the last address, according to the 7 records of the department, of each affected employing unit or 8 employer. 9 b. The affected employing unit or employer may appeal in 10 writing to the department from the initial determination. 11 An appeal shall not be entertained for any reason by the 12 department unless the appeal is filed with the department 13 within thirty days from the date on which the initial 14 determination is mailed. If an appeal is not so filed, the 15 initial determination shall with the expiration of the appeal 16 period become final and conclusive in all respects and for all 17 purposes. 18 c. A hearing on an appeal shall be conducted according to 19 rules adopted by the department. A copy of the decision of the 20 administrative law judge shall be sent by regular mail to the 21 last address, according to the records of the department, of 22 each affected employing unit or employer. 23 d. The department’s decision on the appeal shall be final 24 and conclusive as to the liability of the employing unit or 25 employer unless the employing unit or employer files an appeal 26 for judicial review within thirty days after the date of 27 mailing of the decision as provided in subsection 5 . 28 5. Judicial review. 29 a. Notwithstanding chapter 17A , petitions for judicial 30 review may be filed in the district court of the county 31 in which the employer resides, or in which the employer’s 32 principal place of business is located, or in the case of a 33 nonresident not maintaining a place of business in this state 34 either in a county in which the wages payable for employment 35 -7- LSB 2081SC (8) 86 lh/rj 7/ 75
S.F. _____ were earned or paid or in Polk county, within thirty days after 1 the date of the notice to the employer of the department’s 2 final determination as provided for in subsection 2, 3, or 4 . 3 b. The petitioner shall file with the clerk of the 4 district court a bond for the use of the respondent, with 5 sureties approved by the clerk, with any penalty to be fixed 6 and approved by the clerk. The bond shall not be less than 7 fifty dollars and shall be conditioned on the petitioner’s 8 performance of the orders of the court. In all other respects, 9 the judicial review shall be in accordance with chapter 17A . 10 6. Jeopardy assessments. 11 a. If the department believes that the collection of 12 contributions payable or benefits reimbursable will be 13 jeopardized by delay, the department may immediately make an 14 assessment of the estimated amount of contributions due or 15 benefits reimbursable, together with interest and applicable 16 penalty, and demand payment from the employer. If the payment 17 is not made, the department may immediately file a lien 18 against the employer which may be followed by the issuance of a 19 distress warrant. 20 b. The department shall be permitted to accept a bond 21 from the employer to satisfy collection until the amount of 22 contributions due is determined. The bond shall be in an 23 amount deemed necessary, but not more than double the amount 24 of the contributions involved, with securities satisfactory to 25 the department. 26 11. Temporary emergency surcharge. 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 2081SC (8) 86 lh/rj 8/ 75
S.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 9 adopt rules prescribing the manner in which the surcharge 10 will be collected. Interest shall accrue on all unpaid 11 surcharges under this subsection at the same rate as on regular 12 contributions and shall be collectible in the same manner. 13 The surcharge shall not affect the computation of regular 14 contributions under this chapter . 15 b. A special fund to be known as the temporary emergency 16 surcharge fund is created in the state treasury. The 17 special fund is separate and distinct from the unemployment 18 compensation fund. All contributions collected from the 19 temporary emergency surcharge shall be deposited in the special 20 fund. The special fund shall be used only to pay interest 21 accruing on advance moneys received from the federal government 22 for the payment of unemployment compensation benefits. 23 Interest earned upon moneys in the special fund shall be 24 deposited in and credited to the special fund. 25 c. If the department determines on June 1 that no 26 outstanding balance of interest due has accrued on advanced 27 moneys received from the federal government for the payment of 28 unemployment compensation benefits, and that no outstanding 29 balance is projected to accrue for the remainder of the 30 calendar year, the department shall notify the treasurer of 31 state of its determination. The treasurer of state shall 32 immediately transfer all moneys, including accrued interest, 33 in the temporary emergency surcharge fund to the unemployment 34 compensation fund for the payment of benefits. 35 -9- LSB 2081SC (8) 86 lh/rj 9/ 75
S.F. _____ Sec. 15. Section 96.11, subsection 8, Code 2015, is amended 1 to read as follows: 2 8. Subpoenas. In case of contumacy by , or refusal to obey 3 a subpoena issued to any person, any court of this state within 4 the jurisdiction of which the inquiry is carried on or within 5 the jurisdiction of which said person guilty of contumacy or 6 refusal to obey is found or resides or transacts business, upon 7 application by the department, or any member or duly authorized 8 representative thereof, shall have jurisdiction to issue to 9 such person an order requiring such person to appear before 10 the department or any member or duly authorized representative 11 thereof to produce evidence if so ordered or to give testimony 12 touching the matter under investigation or in question; any 13 failure to obey such order of the court may be punished by said 14 court as a contempt thereof. 15 Sec. 16. Section 97B.53, subsection 3, Code 2015, is amended 16 to read as follows: 17 3. A terminated, vested member has the right, prior to the 18 commencement of the member’s retirement allowance, to receive 19 a refund of moneys in the member’s account, and in the event 20 of the death of the member prior to the commencement of the 21 member’s retirement allowance and prior to the receipt of 22 any such refund, the benefits authorized by subsection 1 and 23 subsection 2 of section 97B.52 , subsections 1 and 2, shall be 24 paid. 25 Sec. 17. Section 97B.68, subsection 2, paragraph a, Code 26 2015, is amended to read as follows: 27 a. Such member’s accumulated contributions as defined in 28 subsection 2 of section 97B.1A , subsection 2, computed as of 29 July 4, 1959, plus 30 Sec. 18. Section 97C.2, subsections 5 and 7, Code 2015, are 31 amended to read as follows: 32 5. The term “federal security administrator” means the 33 administrator of the federal security agency (or or the 34 administrator’s successor in function) function , and includes 35 -10- LSB 2081SC (8) 86 lh/rj 10/ 75
S.F. _____ any individual to whom the federal security administrator has 1 delegated any of the administrator’s functions under the Social 2 Security Act, Tit. II, with respect to coverage under such Act 3 of employees of states and their political subdivisions. 4 7. The term “Social Security Act” means the Act of Congress 5 approved August 14, 1935, Chapter 531, 49 Stat. 620, officially 6 cited as the “Social Security Act,” Tit. II, (including 7 including regulations and requirements issued pursuant thereto) 8 thereto, as such Act has been and may from time to time be 9 amended. 10 Sec. 19. Section 97C.14, Code 2015, is amended to read as 11 follows: 12 97C.14 Elected officials —— retroactive payments. 13 Any elective official of the state of Iowa, or any of 14 its political subdivisions, who becomes subject to federal 15 social security coverage under the provisions of the agreement 16 referred to in section 97C.3 shall, not later than October 1, 17 1953, pay into the contribution fund established by section 18 97C.12 a tax sufficient to pay in the elected official’s 19 behalf an amount equal to three percent of the official’s 20 compensation received as a public official for each year or 21 portion thereof that the public elected official has served 22 as a public elective official since January 1, 1951, not to 23 exceed thirty-six hundred dollars for any year of service. 24 The state agency shall collect the tax hereby imposed and 25 the proceeds from such tax shall be used for the purpose of 26 obtaining retroactive federal social security coverage for 27 elective officials, for the period beginning January 1, 1951, 28 in the same manner as is provided in the case of other public 29 employees by the provisions in subsection 2 of section 97.51 , 30 subsection 2, in order to obtain retroactive federal social 31 security coverage during this period of time, such contribution 32 to be collected and guaranteed by the employer. The state 33 agency will pay any such amount contributed to provide for 34 retroactive federal social security coverage for the individual 35 -11- LSB 2081SC (8) 86 lh/rj 11/ 75
S.F. _____ in question in the same manner as other payments are made for 1 retroactive coverage of public employees. Provided that no 2 member of a county board of supervisors shall be deemed to 3 be an elective official in a part-time position, but every 4 member of a county board of supervisors shall be deemed to 5 be an employee within the purview of this chapter and shall 6 be eligible to receive all of the benefits provided by this 7 chapter to which the member may be entitled as an employee. 8 Sec. 20. Section 97C.20, Code 2015, is amended to read as 9 follows: 10 97C.20 Referenda by governor. 11 1. With respect to employees of the state the governor 12 is empowered to authorize a referendum, and with respect to 13 the employees of any political subdivision the governor shall 14 authorize a referendum upon request of the governing body of 15 such subdivision; and in either case the referendum shall 16 be conducted, and the governor shall designate an agency or 17 individual to supervise its conduct, in accordance with the 18 requirements of section 218“d”(3) 218(d)(3) of the Social 19 Security Act, on the question of whether service in positions 20 covered by a retirement system established by the state or by 21 a political subdivision thereof should be excluded from or 22 included under an agreement under this chapter . The notice of 23 referendum required by section 218“d”(3)(C) 218(d)(3)(C) of 24 the Social Security Act to be given to employees shall contain 25 or shall be accomplished by a statement, in such form and such 26 detail as the agency or individual designated to supervise 27 the referendum shall deem necessary and sufficient, to inform 28 the employees of the rights which will accrue to them and 29 their dependents and survivors, and the liabilities to which 30 they will be subject, if their services are included under an 31 agreement under this chapter . 32 2. Upon receiving evidence satisfactory to the governor 33 that with respect to any such referendum the conditions 34 specified in section 218“d”(3) 218(d)(3) of the Social Security 35 -12- LSB 2081SC (8) 86 lh/rj 12/ 75
S.F. _____ Act have been met, the governor shall so certify to the 1 secretary of health and human services. 2 Sec. 21. Section 99D.6, Code 2015, is amended to read as 3 follows: 4 99D.6 Chairperson Headquarters, meetings, and election of 5 chairperson —— administrator —— employees —— duties —— bond . 6 1. The commission shall have its headquarters in the city 7 of Des Moines and shall meet in July of each year and at other 8 times and places as it finds necessary for the discharge of its 9 duties. The commission shall elect in July of each year one of 10 its members as chairperson for the succeeding year. 11 2. The commission shall appoint an administrator of 12 the commission subject to confirmation by the senate. The 13 administrator shall serve a four-year term. The term shall 14 begin and end in the same manner as set forth in section 69.19 . 15 A vacancy shall be filled for the unexpired portion of the term 16 in the same manner as a full-term appointment is made. The 17 administrator shall be covered by the blanket surety bond of 18 the state purchased pursuant to section 8A.321, subsection 12. 19 The compensation and employment terms of the administrator 20 shall be set by the governor, taking into consideration the 21 level of knowledge and experience of the administrator. The 22 administrator shall keep a record of the proceedings of the 23 commission and preserve the books, records, and documents 24 entrusted to the administrator’s care. 25 3. The administrator may hire other assistants and 26 employees as necessary to carry out the commission’s duties. 27 Employees in the positions of equine veterinarian, canine 28 veterinarian, and equine steward shall be exempt from the merit 29 system provisions of chapter 8A, subchapter IV , and shall 30 not be covered by a collective bargaining agreement. Some 31 or all of the information required of applicants in section 32 99D.8A, subsections 1 and 2 , may also be required of employees 33 of the commission if the commission deems it necessary. The 34 administrator shall keep a record of the proceedings of the 35 -13- LSB 2081SC (8) 86 lh/rj 13/ 75
S.F. _____ commission and preserve the books, records, and documents 1 entrusted to the administrator’s care. The administrator shall 2 be covered by the blanket surety bond of the state purchased 3 pursuant to section 8A.321, subsection 12 . The compensation 4 and employment terms of the administrator shall be set by the 5 governor, taking into consideration the level of knowledge and 6 experience of the administrator. The commission shall have 7 its headquarters in the city of Des Moines and shall meet in 8 July of each year and at other times and places as it finds 9 necessary for the discharge of its duties. 10 Sec. 22. Section 99D.9B, subsection 3, paragraph b, Code 11 2015, is amended to read as follows: 12 b. Moneys remaining in the fund following distribution to 13 the Iowa greyhound association as provided in this subsection 14 shall be under the sole control of the commission. The 15 commission shall determine the method by which moneys remaining 16 in the fund will be distributed , provided , however, that the 17 commission shall distribute a portion of the moneys in the fund 18 to no-kill animal adoption agencies to facilitate care for and 19 adoption of greyhounds no longer racing as a result of the 20 discontinuance of live racing. The commission may consider 21 objective evidence, including purse payments to greyhound 22 industry participants for the period beginning January 1, 2010, 23 and ending December 31, 2014, in determining the method of 24 distribution. The commission may hire an expert to assist in 25 the task of making distributions from the fund. The commission 26 may distribute moneys from the fund to greyhound industry 27 participants and to kennel owners and operators and greyhound 28 owners for costs incurred in removing property from the dog 29 racetrack located in Pottawattamie county as required by 30 section 99D.9A, subsection 2 , paragraph “c” . Prior to adoption 31 of any formula for distribution, the commission shall allow for 32 input from greyhound industry participants. The distribution 33 decisions of the commission shall be final. The commission 34 may use moneys in the fund to pay its direct and indirect 35 -14- LSB 2081SC (8) 86 lh/rj 14/ 75
S.F. _____ administrative expenses incurred in administering the fund, 1 including the hiring of experts to assist in the commission’s 2 distribution determination. Members of the commission, 3 employees of the commission, and any experts hired by the 4 commission pursuant to this section shall be held harmless 5 against any claim of liability made by any person arising out 6 of the distribution of moneys from the fund by the commission. 7 Sec. 23. Section 101A.7, subsection 1, Code 2015, is amended 8 to read as follows: 9 1. The licensee’s or permittee’s explosive explosives 10 storage facility shall be inspected at least once a year by a 11 representative of the state fire marshal’s office, except that 12 the state fire marshal may, at those mining operations licensed 13 and regulated by the United States department of labor, accept 14 an approved inspection report issued by the United States 15 department of labor, mine safety and health administration, 16 for the twelve-month period following the issuance of the 17 report. The state fire marshal shall notify the appropriate 18 city or county governing board of licenses to be issued in 19 their respective jurisdictions pursuant to this chapter . The 20 notification shall contain the name of the applicant to be 21 licensed, the location of the facilities to be used in storing 22 explosives, the types and quantities of explosive materials to 23 be stored, and other information deemed necessary by either 24 the governing boards or the state fire marshal. The facility 25 may be examined at other times by the sheriff of the county 26 where the facility is located or by the local police authority 27 if the facility is located within a city of over ten thousand 28 population and if the sheriff or city council considers it 29 necessary. 30 Sec. 24. Section 124D.2, subsection 5, Code 2015, is amended 31 to read as follows: 32 5. “Primary caregiver” means a person, at least eighteen 33 years of age, who has been designated by a patient’s 34 neurologist or by a person having custody of a patient, 35 -15- LSB 2081SC (8) 86 lh/rj 15/ 75
S.F. _____ as being necessary to take responsibility for managing the 1 well-being of the patient with respect to the medical use of 2 cannabidiol pursuant to the provisions of this chapter . 3 Sec. 25. Section 124D.4, subsection 2, paragraph b, Code 4 2015, is amended to read as follows: 5 b. The patient’s photo photograph . 6 Sec. 26. Section 124D.4, subsection 4, paragraph b, Code 7 2015, is amended to read as follows: 8 b. The primary caregiver’s photo photograph . 9 Sec. 27. Section 135C.9, subsection 1, paragraph b, Code 10 2015, is amended to read as follows: 11 b. The facility has been inspected by the state fire marshal 12 or a deputy appointed by the fire marshal for that purpose, 13 who may be a member of a municipal fire department, and the 14 department has received either a certificate of compliance 15 or a provisional certificate of compliance by the facility 16 with the fire hazard and fire safety rules and standards 17 of the department as promulgated by the fire marshal and, 18 where applicable, the fire safety standards required for 19 participation in programs authorized by either Tit. XVIII or 20 Tit. XIX of the United States Social Security Act (42 , codified 21 at 42 U.S.C. §1395 1395ll and 1396 1396g) 1396g . The 22 certificate or provisional certificate shall be signed by 23 the fire marshal or the fire marshal’s deputy who made the 24 inspection. If the state fire marshal or a deputy finds a 25 deficiency upon inspection, the notice to the facility shall 26 be provided in a timely manner and shall specifically describe 27 the nature of the deficiency, identifying the Code section or 28 subsection or the rule or standard violated. The notice shall 29 also specify the time allowed for correction of the deficiency, 30 at the end of which time the fire marshal or a deputy shall 31 perform a follow-up inspection. 32 Sec. 28. Section 135C.36, subsection 5, Code 2015, is 33 amended to read as follows: 34 5. If a facility self-identifies a deficient practice prior 35 -16- LSB 2081SC (8) 86 lh/rj 16/ 75
S.F. _____ to an on-site visit inspection, there has been no complaint 1 filed with the department related to that specific deficient 2 practice, and the facility corrects such practice prior to 3 an inspection, no citation shall be issued or fine assessed 4 pursuant to subsection 2 or 3 except for those penalties 5 arising pursuant to section 135C.33 ; 481 IAC 57.12(2)(d), 481 6 IAC 57.12(3), 481 IAC 57.15(5), 481 IAC 57.25(1), 481 IAC 7 57.39, 481 IAC 58.11(3), 481 IAC 58.14(5), 481 IAC 58.19(2)(a), 8 481 IAC 58.19(2)(h), 481 IAC 58.28(1)(a), 481 IAC 58.43, 481 9 IAC 62.9(5), 481 IAC 62.15(1)(a), 481 IAC 62.19(2)(c), 481 10 IAC 62.19(7), 481 IAC 62.23(23)-(25), 481 IAC 63.11(2)(d), 11 481 IAC 63.11(3), 481 IAC 63.23(1)(a), 481 IAC 63.37, 481 IAC 12 64.4(9), 481 IAC 64.33, 481 IAC 64.34, 481 IAC 65.9(5), 481 13 IAC 65.15, or 481 IAC 65.25(3)-(5), or the successor to any of 14 such rules; or 42 C.F.R. §483.420(d), 483.460(c)(4) 42 C.F.R. 15 §483.460(c)(4) , or 483.470(j) 42 C.F.R. §483.470(j) , or the 16 successor to any of such federal regulations. 17 Sec. 29. Section 135L.3, subsection 2, Code 2015, is amended 18 to read as follows: 19 2. The licensed physician who will perform the abortion 20 shall provide notification in person or by mailing the 21 notification by restricted certified mail to a parent of the 22 pregnant minor at the usual place of abode of the parent. For 23 the purpose of delivery by restricted certified mail, the time 24 of delivery is deemed to occur at twelve o’clock 12:00 noon 25 on the next day on which regular mail delivery takes place, 26 subsequent to the mailing. 27 Sec. 30. Section 161A.3, subsection 12, Code 2015, is 28 amended to read as follows: 29 12. “Petition” means a petition filed under the provisions 30 of subsection 1 of section 161A.5 , subsection 1, for the 31 creation of a district. 32 Sec. 31. Section 163.11, Code 2015, is amended to read as 33 follows: 34 163.11 Imported animals. 35 -17- LSB 2081SC (8) 86 lh/rj 17/ 75
S.F. _____ 1. A person shall not move an animal into this state, 1 except to a public livestock market where federal inspection of 2 livestock is maintained, for work, breeding, or dairy purposes, 3 unless such animal has been examined and found free from all 4 infectious or contagious diseases. 5 2. No A person shall not bring in any manner into this 6 state any cattle for dairy or breeding purposes unless such 7 cattle have been tested within thirty days prior to date of 8 importation by the agglutination test for contagious abortion 9 or abortion disease, and shown to be free from such disease. 10 3. Animals for feeding purposes, however, may be brought 11 into the state without inspection, under such regulations 12 as the department may prescribe except that this sentence 13 subsection shall not apply to swine. 14 Sec. 32. Section 185C.26, Code 2015, is amended to read as 15 follows: 16 185C.26 Deposit of moneys —— corn promotion fund. 17 A state assessment collected by the board from a sale of corn 18 shall be deposited in the office of the treasurer of state in 19 a special fund known as the corn promotion fund. The fund may 20 include any gifts, rents, royalties, interest, license fees, 21 or a federal or state grant received by the board. Moneys 22 collected, deposited in the fund, and transferred to the board 23 as provided in this chapter shall be subject to audit by the 24 auditor of state. The auditor of state may seek reimbursement 25 for the cost of the audit from moneys deposited in the fund as 26 provided in this chapter . The department of administrative 27 services shall transfer moneys from the fund to the board 28 for deposit into an account established by the board in a 29 qualified financial institution. The department shall transfer 30 the moneys as provided in a resolution adopted by the board. 31 However, the department is only required to transfer moneys 32 once during each day and only during hours when the offices of 33 the state are open. From moneys collected, the board shall 34 first pay all the direct and indirect costs incurred by the 35 -18- LSB 2081SC (8) 86 lh/rj 18/ 75
S.F. _____ secretary and the costs of referendums, elections, and other 1 expenses incurred in the administration of this chapter , before 2 moneys may be expended for the purpose of carrying to carry out 3 the purposes of this chapter as provided in section 185C.11 . 4 Sec. 33. Section 190.11, Code 2015, is amended to read as 5 follows: 6 190.11 Artificial sweetening —— labeling. 7 Where any approved artificial sweetening product such as 8 saccharin or sulfamate is used by any person in the manufacture 9 or sale of any article of food intended for human consumption, 10 the container in which any such food or beverage is sold or 11 offered for sale to the public shall be clearly, legibly and 12 noticeably labeled with the name of the sweetening product 13 used. The portion of the store, display counter, shelving, 14 or other place where such food or beverage is displayed or 15 offered for sale, shall be clearly and plainly identified by an 16 appropriate sign reading : 17 “FOR FOR DIETARY PURPOSES” PURPOSES . 18 Sec. 34. Section 206.2, subsection 13, Code 2015, is amended 19 to read as follows: 20 13. “Hazard” means a probability that a given pesticide 21 will have an adverse effect on man humans or the environment 22 in a given situation, the relative likelihood of danger or ill 23 effect being dependent on a number of interrelated factors 24 present at any given time. 25 Sec. 35. Section 207.4, subsection 3, Code 2015, is amended 26 to read as follows: 27 3. A permit terminates if the permittee has not commenced 28 the coal mining operations covered by the permit within three 29 years of its issuance of the permit . However, the division 30 may grant reasonable extensions of time upon a showing that 31 the extensions are necessary because of litigation precluding 32 the commencement or threatening substantial economic loss to 33 the permittee or because of conditions beyond the control and 34 without the fault or negligence of the permittee. If a coal 35 -19- LSB 2081SC (8) 86 lh/rj 19/ 75
S.F. _____ lease is issued under the federal Mineral Leasing Act, as 1 amended, extensions of time may not extend beyond the period 2 allowed for diligent development in accordance with section 7 3 of that Act. If coal is to be mined for use in a synthetic fuel 4 facility or specific major electric generating facility, the 5 permittee is deemed to have commenced mining operations when 6 the construction of the synthetic fuel or generating facility 7 is initiated. 8 Sec. 36. Section 225C.47, subsection 3, unnumbered 9 paragraph 1, Code 2015, is amended to read as follows: 10 Eligibility for the comprehensive family support program is 11 limited to families who meet all of the following conditions: 12 Sec. 37. Section 232.119, subsection 3, Code 2015, is 13 amended to read as follows: 14 3. To register a child on the Iowa exchange, the department 15 adoption worker or the private agency worker shall register the 16 pertinent information concerning the child on the exchange. A 17 photo photograph of the child and other necessary information 18 shall be forwarded to the department to be included in the 19 photo-listing book which shall be updated regularly. The 20 department adoption worker or the private agency worker who 21 places a child on the exchange shall update the registration 22 information within ten working days after a change in the 23 information occurs. 24 Sec. 38. Section 235A.17, subsection 3, Code 2015, is 25 amended to read as follows: 26 3. a. For the purposes of this subsection , “subject of 27 a child abuse report” means any individual listed in section 28 235A.15, subsection 2 , paragraph “a” , other than the attorney or 29 guardian ad litem of such individual. 30 b. An individual who is the subject of a child abuse 31 report may redisseminate to the governor or the governor’s 32 designee or to a member of the general assembly or an employee 33 of the general assembly designated by the member, child 34 abuse information that was disseminated to the individual by 35 -20- LSB 2081SC (8) 86 lh/rj 20/ 75
S.F. _____ the department or other official source. The child abuse 1 information may also include the following related information 2 that the individual is allowed under law to possess: 3 department 4 (1) Department of human services information described in 5 section 217.30, subsection 1 ; mental . 6 (2) Mental health information as defined in section 228.1 ; 7 and juvenile . 8 (3) Juvenile court social records and other information in 9 official juvenile court records described in section 232.147 . 10 c. A person who receives confidential child abuse 11 information and related information redisseminated under this 12 subsection shall not further disseminate, communicate, or 13 attempt to communicate the information to a person who is not 14 authorized by this section or other provision of law to have 15 access to the information. 16 Sec. 39. Section 235B.19, subsection 7, Code 2015, is 17 amended to read as follows: 18 7. If the department cannot obtain an emergency order 19 under this section due to inaccessibility of the court, the 20 department may contact law enforcement to remove the dependent 21 adult to safer surroundings, authorize the provision of 22 medical treatment, and order the provision of or provide other 23 available services necessary to remove conditions creating the 24 immediate danger to the health or safety of the dependent adult 25 or which are producing irreparable harm to the physical or 26 financial resources or property of the dependent adult. The 27 department shall obtain an emergency order under this section 28 not later than four 4:00 p.m. on the first succeeding business 29 day after the date on which protective or other services are 30 provided. If the department does not obtain an emergency 31 order within the prescribed time period, the department shall 32 cease providing protective services and, if necessary, make 33 arrangements for the immediate return of the person to the 34 place from which the person was removed, to the person’s place 35 -21- LSB 2081SC (8) 86 lh/rj 21/ 75
S.F. _____ of residence in the state, or to another suitable place. 1 A person, agency, or institution acting in good faith in 2 removing a dependent adult or in providing services under this 3 subsection , and an employer of or person under the direction 4 of such a person, agency, or institution, shall have immunity 5 from any liability, civil or criminal, that might otherwise be 6 incurred or imposed as the result of the removal or provision 7 of services. 8 Sec. 40. Section 235F.6, subsection 4, unnumbered paragraph 9 1, Code 2015, is amended to read as follows: 10 The court may approve a consent agreement between the 11 parties entered into to bring about the cessation of elder 12 abuse. A consent agreement approved under this section shall 13 not contain any of the following: 14 Sec. 41. Section 237.14, Code 2015, is amended to read as 15 follows: 16 237.14 Enhanced foster care services. 17 The department shall provide for enhanced foster 18 care services by establishing supplemental per diem or 19 performance-based contracts which that include payment of 20 costs relating to payments of principal and interest for bonds 21 and notes issued pursuant to section 16.57 with facilities 22 licensed under this chapter which provide special services to 23 children who would otherwise be placed in a state juvenile 24 institution or an out-of-state program. Before completion of 25 the department’s budget estimate as required by section 8.23 , 26 the department shall determine and include in the estimate the 27 amount which should be appropriated for enhanced foster care 28 services for the forthcoming fiscal year in order to provide 29 sufficient services. 30 Sec. 42. Section 260C.48, subsection 4, Code 2015, is 31 amended to read as follows: 32 4. Standards relating to quality assurance of faculty 33 and ongoing quality professional development shall be the 34 accreditation standards of the higher learning commission , 35 -22- LSB 2081SC (8) 86 lh/rj 22/ 75
S.F. _____ and the faculty standards required under specific programs 1 offered by the community college that are accredited by other 2 accrediting agencies. 3 Sec. 43. Section 261B.11B, Code 2015, is amended to read as 4 follows: 5 261B.11B Voluntary registration. 6 A school or other postsecondary educational institution 7 that is exempt under section 261B.11 may voluntarily register 8 under this chapter 261B in order to comply with chapter 261G 9 or for purposes of institutional eligibility under 34 C.F.R. 10 §600.9(a). 11 Sec. 44. Section 263.6, Code 2015, is amended to read as 12 follows: 13 263.6 Management. 14 The management and control of such the institute of child 15 behavior and development shall be vested in a director 16 appointed by the said board of regents and an advisory board 17 of seven members to be appointed by the president of the 18 university from the faculty of the graduate college of said the 19 university. 20 Sec. 45. Section 280.17, subsection 2, paragraph a, Code 21 2015, is amended to read as follows: 22 a. The board of directors of a school district and the 23 authorities in charge of an accredited nonpublic school shall 24 place on administrative leave a school employee who is the 25 subject of an investigation of an alleged incident of abuse of 26 a student conducted in accordance with 281 IAC ch. 102. 27 Sec. 46. Section 284.15, subsection 2, paragraph a, 28 subparagraph (1), Code 2015, is amended to read as follows: 29 (1) The salary for an initial teacher who has successfully 30 completed an approved practitioner preparation program as 31 defined in section 272.1 or holds an initial or intern teacher 32 license issued under chapter 272 , and who participates in the 33 initial beginning teacher mentoring and induction program 34 as provided in this chapter , shall be at least thirty-three 35 -23- LSB 2081SC (8) 86 lh/rj 23/ 75
S.F. _____ thousand five hundred dollars, which shall also constitute the 1 minimum salary for an Iowa teacher. 2 Sec. 47. Section 284.15, subsection 2, paragraph b, 3 subparagraph (1), Code 2015, is amended to read as follows: 4 (1) Has successfully completed the initial beginning 5 teacher mentoring and induction program and has successfully 6 completed a comprehensive evaluation. 7 Sec. 48. Section 310.27, Code 2015, is amended to read as 8 follows: 9 310.27 Period of allocation —— reversion —— temporary 10 transfers. 11 1. The farm-to-market road fund allotted to any county as 12 provided in this chapter shall remain available for expenditure 13 in said county for three years after the close of the fiscal 14 year during which said sums respectively were allocated. Any 15 sum remaining unexpended at the end of the period during which 16 it is available for expenditure, shall be reapportioned among 17 all the counties as provided in section 312.5 for original 18 allocations. 19 2. For the purposes of this section , any sums of the 20 farm-to-market road fund allotted to any county shall be 21 presumed to have been “expended” when a contract has been 22 awarded obligating the sums. When projects and their estimated 23 costs, which are proposed to be funded from the farm-to-market 24 road fund, are submitted to the department for approval, 25 the department shall estimate the total funding necessary 26 and the period during which claims for the projects will be 27 filed. After anticipating the funding necessary for approved 28 projects, the department may temporarily allocate additional 29 moneys from the farm-to-market road fund for use in any other 30 farm-to-market projects. However, a county shall not be 31 temporarily allocated funds for projects in excess of the 32 county’s anticipated farm-to-market road fund allocation for 33 the current fiscal year plus the four succeeding fiscal years. 34 3. If in the judgment of the department the anticipated 35 -24- LSB 2081SC (8) 86 lh/rj 24/ 75
S.F. _____ claims against the primary road fund for any month are in 1 excess of moneys available, a temporary transfer for highway 2 construction costs may be made from the farm-to-market road 3 fund to the primary road fund providing there will remain 4 in the transferring fund a sufficient balance to meet the 5 anticipated obligations. All transfers shall be repaid from 6 the primary road fund to the farm-to-market road fund within 7 sixty days from the date of the transfer. A transfer shall be 8 made only with the approval of the director of the department 9 of management and shall comply with the director of the 10 department of management’s rules relating to the transfer of 11 funds. Similar transfers may be made by the department from 12 the primary road fund to the farm-to-market road fund and these 13 transfers shall be subject to the same terms and conditions 14 that transfers from the farm-to-market road fund to the primary 15 road fund are subject. 16 Sec. 49. Section 328.1, subsection 1, paragraph u, Code 17 2015, is amended to read as follows: 18 u. “Operation of aircraft” or “operate aircraft” means the 19 use of aircraft for the purpose of air navigation, and includes 20 the navigation or piloting of aircraft and shall embrace any 21 person who causes or authorizes the operation of aircraft, 22 whether with or without the right of legal control (in , in the 23 capacity of owner, lessee, or otherwise) otherwise . 24 Sec. 50. Section 358.22, Code 2015, is amended to read as 25 follows: 26 358.22 Special assessments and connection fees. 27 1. The board of trustees of a sanitary district may provide 28 for payment of all or any portion of the costs of acquiring, 29 locating, laying out, constructing, reconstructing, repairing, 30 changing, enlarging, or extending conduits, ditches, channels, 31 outlets, drains, sewers, laterals, treatment plants, pumping 32 plants, and other necessary adjuncts thereto, by assessing all, 33 or any portion of the costs, on adjacent property according to 34 the benefits derived. For the purposes of this chapter , the 35 -25- LSB 2081SC (8) 86 lh/rj 25/ 75
S.F. _____ board of trustees may define “adjacent property” as all that 1 included within a designated benefited district or districts 2 to be fixed by the board, which may be all of the property 3 located within the sanitary district or any lesser portion 4 of that property. It is not a valid objection to a special 5 assessment that the improvement for which the assessment is 6 levied is outside the limits of the sanitary district, but a 7 special assessment shall not be made upon property situated 8 outside of the sanitary district. Special assessments pursuant 9 to this section shall be in proportion to the special benefits 10 conferred upon the property, and not in excess of the benefits, 11 and an assessment shall not exceed twenty-five percent of 12 the value of the property at the time of levy. The value of 13 a property is the present fair market value of the property 14 with the proposed public improvements completed. Payment of 15 installments of a special assessment against property used and 16 assessed as agricultural property shall be deferred upon the 17 filing of a request by the owner in the same manner and under 18 the same procedures as provided in chapter 384 for special 19 assessments by cities. 20 2. The assessments may be made to extend over a period not 21 to exceed fifteen years, payable in as nearly equal annual 22 installments as practicable. A majority vote of the board of 23 trustees is requisite and sufficient for any action required by 24 the board of trustees under this section . 25 3. Subject to the limitations otherwise stated in this 26 section , a sanitary district organized under this chapter has 27 all of the powers to specially assess the costs of improvements 28 described in this section , including the power to issue special 29 assessment bonds, warrants, project notes, or other forms of 30 interim financing obligations, which cities have under the laws 31 of this state. 32 4. Subject to the limitations otherwise stated in this 33 section , the board of trustees may establish one or more 34 benefited districts and schedules of fees for the connection 35 -26- LSB 2081SC (8) 86 lh/rj 26/ 75
S.F. _____ of property to the sanitary sewer facilities of a sanitary 1 district. Each person whose property will be connected to the 2 sanitary sewer facilities of a sanitary district shall pay a 3 connection fee to the sanitary district, which may include 4 the equitable cost of extending sanitary sewer service to 5 the benefited district and reasonable interest from the date 6 of construction to the date of payment. In establishing 7 the benefited districts and establishing and implementing 8 the schedules of fees, the board of trustees shall act in 9 accordance with the powers granted to a city in section 384.38, 10 subsection 3 , and the procedures in that subsection. However, 11 all fees collected under this paragraph subsection shall be 12 paid to the sanitary district and the moneys collected as 13 fees shall be used only by the sanitary district to finance 14 improvements or extensions to its sanitary sewer facilities, 15 to reimburse the sanitary district for funds disbursed by 16 its board of trustees to finance improvements or extensions 17 to its sanitary sewer facilities, or to pay debt service on 18 obligations issued to finance improvements or extensions to 19 its sanitary sewer facilities. This paragraph subsection does 20 not apply when a sanitary district annexation plan or petition 21 includes annexation of an area adjoining the district or a 22 petition has not been presented for a sewer connection. Until 23 the annexation becomes effective or the annexation plan or 24 petition is abandoned, the state mandate contained in section 25 455B.172, subsections 3, 4, and 5 , shall not apply unless 26 the property owner requests to be connected to the sanitary 27 district’s sewer facilities and voluntarily pays the connection 28 fee. 29 Sec. 51. Section 403.6, subsection 1, Code 2015, is amended 30 to read as follows: 31 1. To undertake and carry out urban renewal projects within 32 its area of operation; and to make and execute contracts and 33 other instruments necessary or convenient to the exercise 34 of its powers under this chapter ; and to disseminate slum 35 -27- LSB 2081SC (8) 86 lh/rj 27/ 75
S.F. _____ clearance and urban renewal information. 1 Sec. 52. Section 403A.3, subsections 2, 3, 4, and 7, Code 2 2015, are amended to read as follows: 3 2. To undertake and carry out studies and analyses of the 4 housing needs and of the meeting of such needs (including , 5 including data with respect to population and family groups 6 and the distribution thereof according to income groups, the 7 amount and quality of available housing and its distribution 8 according to rentals and sales prices, employment, wages and 9 other factors affecting the local housing needs and the meeting 10 thereof) thereof, and to make the results of such studies and 11 analyses available to the public and the building, housing , and 12 supply industries; and to engage in research and disseminate 13 information on housing and slum clearance. 14 3. To arrange or contract for the furnishing by any person 15 or agency, public or private, of services, privileges, works 16 or facilities for, or in connection with, a housing project or 17 the occupants thereof; and (notwithstanding , notwithstanding 18 anything to the contrary contained in this chapter or in 19 any other provision of law) law, to agree to any conditions 20 attached to federal financial assistance relating to the 21 determination of prevailing salaries or wages or payment of 22 not less than prevailing salaries or wages or compliance with 23 labor standards, in the development or administration of 24 projects, and to include in any contract let in connection 25 with a project, stipulations requiring that the contractor 26 and any subcontractor comply with requirements as to minimum 27 salaries or wages and maximum hours of labor, and comply with 28 any conditions which the federal government may have attached 29 to its financial aid of the project. 30 4. To lease or rent any dwellings, accommodations, lands, 31 buildings, structures or facilities embraced in any project 32 and (subject , subject to the limitations contained in this 33 chapter with respect to the rental of dwellings in housing 34 projects) projects, to establish and revise the rents or 35 -28- LSB 2081SC (8) 86 lh/rj 28/ 75
S.F. _____ charges therefor; to own, hold and improve real or personal 1 property; to purchase, lease, obtain options upon, acquire by 2 gift, grant, bequest, devise or otherwise any real or personal 3 property or any interest therein; to acquire by the exercise 4 of the power of eminent domain any real property subject to 5 section 403A.20 ; to sell, lease, exchange, transfer, assign, 6 pledge or dispose of any real or personal property or any 7 interest therein; to insure or provide for the insurance, in 8 any stock or mutual company of any real or personal property or 9 operations of the municipality against any risks or hazards; 10 to procure or agree to the procurement of federal or state 11 government insurance or guarantees of the payment of any bonds 12 or parts thereof issued by a municipality, including the power 13 to pay premiums on any such insurance. 14 7. To conduct examinations and investigations and to hear 15 testimony and take proof under oath at public or private 16 hearings on any matter material for its information; to 17 administer oaths, issue subpoenas requiring the attendance of 18 witnesses or the production of books and papers and to issue 19 commissions for the examination of witnesses who are outside of 20 the state or unable to attend or excused from attendance; to 21 make available to appropriate agencies (including , including 22 those charged with the duty of abating or requiring the 23 correction of nuisances or like conditions or of demolishing 24 unsafe or insanitary structures within its area of operation) 25 operation, its findings and recommendations with regard to any 26 building or property where conditions exist which are dangerous 27 to the public health, morals, safety or welfare. 28 Sec. 53. Section 422.12, subsection 1, paragraph b, Code 29 2015, is amended to read as follows: 30 b. “Emergency medical services personnel” personnel member” 31 means an emergency medical care provider, as defined in section 32 147A.1 , who is certified as a first responder pursuant to 33 chapter 147A . 34 Sec. 54. Section 422.12, subsection 2, paragraph c, Code 35 -29- LSB 2081SC (8) 86 lh/rj 29/ 75
S.F. _____ 2015, is amended to read as follows: 1 c. (1) A volunteer fire fighter and volunteer emergency 2 medical services personnel member credit equal to one hundred 3 dollars to compensate the taxpayer for the voluntary services 4 if the volunteer served for the entire tax year. A taxpayer 5 who is a paid employee of an emergency medical services program 6 or a fire department and who is also a volunteer emergency 7 medical services personnel member or volunteer fire fighter in 8 a city, county, or area governed by an agreement pursuant to 9 chapter 28E where the emergency medical services program or 10 fire department performs services, shall qualify for the credit 11 provided under this paragraph “c” . 12 (2) If the taxpayer is not a volunteer fire fighter or 13 volunteer emergency medical services personnel member for 14 the entire tax year, the maximum amount of the credit shall 15 be prorated and the amount of credit for the taxpayer shall 16 equal the maximum amount of credit for the tax year, divided by 17 twelve, multiplied by the number of months in the tax year the 18 taxpayer was a volunteer. The credit shall be rounded to the 19 nearest dollar. If the taxpayer is a volunteer during any part 20 of a month, the taxpayer shall be considered a volunteer for 21 the entire month. If the taxpayer is a volunteer fire fighter 22 and a volunteer emergency medical services personnel member 23 during the same month, a credit may be claimed for only one 24 volunteer position for that month. 25 (2) (3) The taxpayer is required to have a written 26 statement from the fire chief or other appropriate supervisor 27 verifying that the taxpayer was a volunteer fire fighter or 28 volunteer emergency medical services personnel member for the 29 months for which the credit under this paragraph “c” is claimed. 30 Sec. 55. Section 422.12, subsection 2, paragraph d, 31 subparagraphs (3) and (4), Code 2015, are amended to read as 32 follows: 33 (3) If the taxpayer is a reserve peace officer during 34 the same month as the taxpayer is a volunteer fire fighter 35 -30- LSB 2081SC (8) 86 lh/rj 30/ 75
S.F. _____ or volunteer emergency medical services personnel member , as 1 defined in this section , a credit may be claimed for only one 2 position for that month under either paragraph “c” or this 3 paragraph or paragraph “c” “d” . 4 (4) The taxpayer is required to have a written statement 5 from the chief of police, sheriff, commissioner of public 6 safety, or other appropriate supervisor verifying that the 7 taxpayer was a reserve peace officer for the months for which 8 the credit under this paragraph “d” is claimed. 9 Sec. 56. Section 422.17, Code 2015, is amended to read as 10 follows: 11 422.17 Certificate issued by department to make payments 12 without withholding. 13 Any nonresident whose Iowa income is not subject to section 14 422.16, subsection 1 , in whole or in part, and who elects to 15 be governed by section 422.16, subsection 12 , of that section 16 to the extent that the nonresident pays the entire amount of 17 tax properly estimated on or before the last day of the fourth 18 month of the nonresident’s tax year, for the year, may for the 19 year of the election and payment, be granted a certificate from 20 the department authorizing each withholding agent, the income 21 from whom the nonresident has considered in the payment of 22 estimated tax and to the extent the income is included in the 23 estimate, to make payments of income to the nonresident without 24 withholding tax from those payments. Withholding agents, if 25 payments exceed the tax liability estimated by the nonresident 26 as indicated upon the certificate, shall withhold tax in 27 accordance with subsection 12 of section 422.16 , subsection 12 . 28 Sec. 57. Section 423.1, subsection 43, Code 2015, is amended 29 to read as follows: 30 43. a. “Receive” and “receipt” mean any of the following: 31 a. (1) Taking possession of tangible personal property. 32 b. (2) Making first use of a service. 33 c. (3) Taking possession or making first use of digital 34 goods, whichever comes first. 35 -31- LSB 2081SC (8) 86 lh/rj 31/ 75
S.F. _____ b. “Receive” and “receipt” do not include possession by a 1 shipping company on behalf of a purchaser. 2 Sec. 58. Section 423.29, Code 2015, is amended to read as 3 follows: 4 423.29 Collections by sellers. 5 1. Every seller who is a retailer and who is making taxable 6 sales of tangible personal property in Iowa shall, at the time 7 of selling the property, collect the sales tax. Every seller 8 who is a retailer maintaining a place of business in this state 9 and selling tangible personal property for use in Iowa shall, 10 at the time of making the sale, whether within or without the 11 state, collect the use tax. Sellers required to collect sales 12 or use tax shall give to any purchaser a receipt for the tax 13 collected in the manner and form prescribed by the director. 14 2. Every seller who is a retailer furnishing taxable 15 services in Iowa and every seller who is a retailer maintaining 16 a place of business in this state and furnishing taxable 17 services in Iowa or services outside Iowa if the product or 18 result of the service is used in Iowa shall be subject to the 19 provisions of the preceding paragraph subsection 1 . 20 Sec. 59. Section 423.32, subsection 1, Code 2015, is amended 21 to read as follows: 22 1. a. A retailer maintaining a place of business in this 23 state who is required to collect or a user who is required to 24 pay the use tax or a foreign retailer authorized, pursuant to 25 section 423.30 , to collect the use tax, shall remit to the 26 department the amount of tax on or before the last day of the 27 month following each calendar quarterly period. However, a 28 retailer who collects or owes more than fifteen hundred dollars 29 in use taxes in a month shall deposit with the department or in 30 a depository authorized by law and designated by the director, 31 the amount collected or owed, with a deposit form for the month 32 as prescribed by the director. 33 a. b. The deposit form is due on or before the twentieth 34 day of the month following the month of collection, except a 35 -32- LSB 2081SC (8) 86 lh/rj 32/ 75
S.F. _____ deposit is not required for the third month of the calendar 1 quarter, and the total quarterly amount, less the amounts 2 deposited for the first two months of the quarter, is due with 3 the quarterly report on the last day of the month following 4 the month of collection. At that time, the retailer shall 5 file with the department a return for the preceding quarterly 6 period in the form prescribed by the director showing the 7 purchase price of the tangible personal property sold by the 8 retailer during the preceding quarterly period, the use of 9 which is subject to the use tax imposed by this chapter , and 10 other information the director deems necessary for the proper 11 administration of the use tax. 12 b. c. The return shall be accompanied by a remittance 13 of the use tax for the period covered by the return. If 14 necessary in order to ensure payment to the state of the tax, 15 the director may in any or all cases require returns and 16 payments to be made for other than quarterly periods. The 17 director, upon request and a proper showing of necessity, 18 may grant an extension of time not to exceed thirty days for 19 making any return and payment. Returns shall be signed, in 20 accordance with forms and rules prescribed by the director, by 21 the retailer or the retailer’s authorized agent, and shall be 22 certified by the retailer or agent to be correct. 23 Sec. 60. Section 423D.4, Code 2015, is amended to read as 24 follows: 25 423D.4 Administration by director. 26 1. The director of revenue shall administer the excise 27 tax on the sale and use of equipment as nearly as possible in 28 conjunction with the administration of the state sales and use 29 tax law, except that portion of the law which implements the 30 streamlined sales and use tax agreement. The director shall 31 provide appropriate forms, or provide on the regular state 32 tax forms, for reporting the sale and use of equipment excise 33 tax liability. All moneys received and all refunds shall be 34 deposited in or withdrawn from the general fund of the state. 35 -33- LSB 2081SC (8) 86 lh/rj 33/ 75
S.F. _____ 2. The director may require all persons who are engaged 1 in the business of deriving any sales price or purchase 2 price subject to tax under this chapter to register with 3 the department. The director may also require a tax permit 4 applicable only to this chapter for any retailer not 5 collecting, or any user not paying, taxes under chapter 423 . 6 3. Section 422.25, subsection 4 , sections 422.30 , 422.67 , 7 and 422.68 , section 422.69, subsection 1 , sections 422.70 , 8 422.71 , 422.72 , 422.74 , and 422.75 , section 423.14, subsection 9 1 , and sections 423.23 , 423.24 , 423.25 , 423.31 through 10 423.35 , 423.37 through 423.42 , and 423.47 , consistent with 11 the provisions of this chapter , apply with respect to the tax 12 authorized under this chapter , in the same manner and with the 13 same effect as if the excise taxes on equipment sales or use 14 were retail sales taxes within the meaning of those statutes. 15 Notwithstanding this paragraph subsection , the director shall 16 provide for quarterly filing of returns and for other than 17 quarterly filing of returns both as prescribed in section 18 423.31 . All taxes collected under this chapter by a retailer 19 or any user are deemed to be held in trust for the state of 20 Iowa. 21 Sec. 61. Section 427.1, subsection 22, paragraph a, Code 22 2015, is amended to read as follows: 23 a. Application for this exemption shall be filed with the 24 commissioners of the soil and water conservation district 25 in which the property is located, not later than February 1 26 of the assessment year, on forms provided by the department 27 of revenue. The application shall describe and locate the 28 property to be exempted and have attached to it an aerial photo 29 photograph of that property on which is outlined the boundaries 30 of the property to be exempted. In the case of an open prairie 31 that has been restored or reestablished, the property shall 32 be inspected and certified as provided by the county board 33 of supervisors as having adequate ground cover consisting of 34 native species and that all primary and secondary noxious weeds 35 -34- LSB 2081SC (8) 86 lh/rj 34/ 75
S.F. _____ present are being controlled to prevent the spread of seeds by 1 either wind or water. In the case of an open prairie which 2 is or includes a gully area susceptible to severe erosion, an 3 approved erosion control plan must accompany the application. 4 Sec. 62. Section 452A.65, Code 2015, is amended to read as 5 follows: 6 452A.65 Failure to promptly pay fuel taxes —— refunds —— 7 interest and penalties —— successor liability. 8 1. In addition to the tax or additional tax, the taxpayer 9 shall pay a penalty as provided in section 421.27 . The 10 taxpayer shall also pay interest on the tax or additional 11 tax at the rate in effect under section 421.7 counting each 12 fraction of a month as an entire month, computed from the date 13 the return was required to be filed. If the amount of the tax 14 as determined by the appropriate state agency is less than the 15 amount paid, the excess shall be refunded with interest, the 16 interest to begin to accrue on the first day of the second 17 calendar month following the date of payment or the date the 18 return was due to be filed or was filed, whichever is the 19 latest, at the rate in effect under section 421.7 counting 20 each fraction of a month as an entire month under the rules 21 prescribed by the appropriate state agency. Claims for 22 refund filed under sections 452A.17 and 452A.21 shall accrue 23 interest beginning with the first day of the second calendar 24 month following the date the refund claim is received by the 25 department. 26 2. A report required of licensees or persons operating under 27 division III , upon which no tax is due, is subject to a penalty 28 of ten dollars if the report is not timely filed with the state 29 department of transportation. 30 3. If a licensee or other person sells the licensee’s 31 or other person’s business or stock of goods or quits the 32 business, the licensee or other person shall prepare a final 33 return and pay all tax due within the time required by law. 34 The immediate successor to the licensee or other person, if 35 -35- LSB 2081SC (8) 86 lh/rj 35/ 75
S.F. _____ any, shall withhold sufficient of the purchase price, in 1 money or money’s worth, to pay the amount of any delinquent 2 tax, interest or penalty due and unpaid. If the immediate 3 successor of the business or stock of goods intentionally 4 fails to withhold any amount due from the purchase price as 5 provided in this paragraph subsection , the immediate successor 6 is personally liable for the payment of the taxes, interest 7 and penalty accrued and unpaid on account of the operation of 8 the business by the immediate former licensee or other person, 9 except when the purchase is made in good faith as provided 10 in section 421.28 . However, a person foreclosing on a valid 11 security interest or retaking possession of premises under a 12 valid lease is not an “immediate successor” for purposes of this 13 paragraph subsection . The department may waive the liability 14 of the immediate successor under this paragraph subsection if 15 the immediate successor exercised good faith in establishing 16 the amount of the previous liability. 17 Sec. 63. Section 455D.16, subsection 4, paragraph a, 18 subparagraph (4), Code 2015, is amended to read as follows: 19 (4) That collection points will be established to serve 20 homeowners. The collection points shall include but are not 21 limited to regional collection centers permitted under 567 IAC 22 ch. 123. Collection points may include but are not limited to 23 thermostat retailers. 24 Sec. 64. Section 476.53, subsection 3, paragraph a, 25 subparagraph (1), Code 2015, is amended to read as follows: 26 (1) (a) Files an application pursuant to section 476A.3 to 27 construct in Iowa a baseload electric power generating facility 28 with a nameplate generating capacity equal to or greater 29 than three hundred megawatts or a combined-cycle electric 30 power generating facility, or an alternate energy production 31 facility as defined in section 476.42 , or to significantly 32 alter an existing generating facility. For purposes of 33 this subparagraph, a significant alteration of an existing 34 generating facility must, in order to qualify for establishment 35 -36- LSB 2081SC (8) 86 lh/rj 36/ 75
S.F. _____ of ratemaking principles, fall into one of the following 1 categories: 2 (a) (i) Conversion of a coal fueled facility into a gas 3 fueled facility. 4 (b) (ii) Addition of carbon capture and storage facilities 5 at a coal fueled facility. 6 (c) (iii) Addition of gas fueled capability to a coal 7 fueled facility, in order to convert the facility to one that 8 will rely primarily on gas for future generation. 9 (d) (iv) Addition of a biomass fueled capability to a coal 10 fueled facility. 11 (b) With respect to a significant alteration of an 12 existing generating facility, an original facility shall 13 not be required to be either a baseload or a combined-cycle 14 facility. Only the incremental investment undertaken by a 15 utility under subparagraph divisions (a) subdivision (i) , (b) 16 (ii) , (c) (iii) , or (d) (iv) shall be eligible to apply the 17 ratemaking principles established by the order issued pursuant 18 to paragraph “e” . Facilities for which advanced ratemaking 19 principles are obtained pursuant to this section shall not 20 be subject to a subsequent board review pursuant to section 21 476.6, subsection 20 , to the extent that the investment has 22 been considered by the board under this section . To the 23 extent an eligible utility has been authorized to make capital 24 investments subject to section 476.6, subsection 20 , such 25 investments shall not be eligible for ratemaking principles 26 pursuant to this section . 27 Sec. 65. Section 480.1, subsection 4, Code 2015, is amended 28 to read as follows: 29 4. a. “Excavation” means an operation in which a structure 30 or earth, rock, or other material in or on the ground is moved, 31 removed, or compressed, or otherwise displaced by means of any 32 tools, equipment, or explosives and includes but is not limited 33 to grading, trenching, tiling, digging, ditching, drilling, 34 augering, tunneling, scraping, cable or pipe plowing, driving, 35 -37- LSB 2081SC (8) 86 lh/rj 37/ 75
S.F. _____ and demolition of structures. 1 b. “Excavation” does not include normal farming operations, 2 residential, commercial, or similar gardening, the opening of a 3 grave site in a cemetery, normal activities involved in land 4 surveying pursuant to chapter 542B , operations in a solid waste 5 disposal site which has planned for underground facilities, 6 the replacement of an existing traffic sign at its current 7 location and at no more than its current depth, and normal road 8 or highway maintenance which does not change the original grade 9 of the roadway or the ditch. 10 Sec. 66. Section 491.3, subsection 6, Code 2015, is amended 11 to read as follows: 12 6. To make contracts, acquire and transfer property —— 13 possessing property, possessing the same powers in such 14 respects as natural persons. 15 Sec. 67. Section 491.20, Code 2015, is amended to read as 16 follows: 17 491.20 Amendments —— fees. 18 1. Amendments to articles of incorporation making changes 19 in any of the provisions of the articles may be made at any 20 annual meeting of the stockholders or special meeting called 21 for that purpose, and they shall be valid only when approved by 22 the shareholders and filed with the secretary of state. If no 23 increase is made in the amount of capital stock, a certificate 24 fee of one dollar and a recording fee of fifty cents per page 25 must be paid. Where capital stock is increased the certificate 26 fee shall be omitted but there shall be paid a recording fee 27 of fifty cents per page and in addition a filing fee which 28 in case of corporations existing for a period of years shall 29 be one dollar per thousand of such increase and in case of 30 corporations empowered to exist perpetually shall be one dollar 31 and ten cents per thousand of such increase. Corporations 32 providing for perpetual existence by amendment to its articles 33 shall, at the time of filing such amendment, pay to the 34 secretary of state a fee of one hundred dollars together with a 35 -38- LSB 2081SC (8) 86 lh/rj 38/ 75
S.F. _____ recording fee of fifty cents per page, and, for all authorized 1 capital stock in excess of ten thousand dollars, an additional 2 fee of one dollar ten cents per thousand. 3 2. a. Its articles of incorporation to the contrary 4 notwithstanding, if three-fourths of the voting stock of any 5 corporation organized under the provisions of this chapter , 6 with assets of the value of one million dollars or more, is 7 owned by individuals owning not more than one share each of 8 the voting stock thereof, said articles may be amended at any 9 regular or special meeting of stockholders, when a notice in 10 writing of the substance of the proposed amendment has been 11 mailed by ordinary mail to each voting stockholder of such 12 corporation not more than ninety nor less than sixty days prior 13 to said meeting, by the affirmative vote of two-thirds of the 14 voting stock represented at said meeting when said amendment is 15 approved by the affirmative vote of two-thirds of the members 16 of the board of directors at a meeting prior to the mailing of 17 said notice. 18 b. If such corporation is renewed under the provisions of 19 section 491.25 , the voting stock of dissenting stockholders or 20 any portion thereof may be purchased by the corporation at its 21 option as provided in said section 491.25 . 22 Sec. 68. Section 491.25, Code 2015, is amended to read as 23 follows: 24 491.25 Renewal —— conditions. 25 1. Corporations existing for a period of years may be 26 renewed from time to time for the same or shorter periods, or 27 may be renewed to exist perpetually, upon compliance with the 28 provisions of this section and other applicable statutes. 29 2. The right of renewal is vested in the stockholders and 30 shall be exercised by a resolution thereof adopted at any 31 regular meeting or at any special meeting called for that 32 purpose. Such resolution must be adopted by a majority of all 33 the votes cast at such meeting, or by such other vote as is 34 authorized or required in the company’s existing articles of 35 -39- LSB 2081SC (8) 86 lh/rj 39/ 75
S.F. _____ incorporation. 1 3. If the renewal instrument in proper form and the 2 necessary fees are tendered to the secretary of state for 3 filing three months or less either prior or subsequent to the 4 corporation’s expiration date, such the renewal shall take 5 effect immediately upon the expiration of the corporation’s 6 previous period of existence, and in such case, the corporate 7 existence shall be considered as having been extended without 8 interruption. If the renewal is filed more than three months 9 before or after the expiration date, such the renewal shall 10 take effect upon the date such renewal with necessary fees is 11 accepted and filed by the secretary of state; and in cases 12 where filed more than three months after the expiration date, 13 shall not be in legal effect a renewal unless the procedure 14 provided for and the additional fees provided for in section 15 491.28 are fully complied with and paid. 16 4. In all cases of renewal, those stockholders voting for 17 such renewal must purchase at its real value the stock voted 18 against such the renewal, and shall have three years from the 19 date such action for renewal was taken in which to purchase 20 and pay for the stock voting against such the renewal, which 21 purchase price shall bear interest at the rate of five percent 22 per annum from the date of such the renewal action until paid. 23 Sec. 69. Section 499.9, Code 2015, is amended to read as 24 follows: 25 499.9 Penalties —— performance —— injunction —— arbitration. 26 1. a. Contracts permitted by section 499.8 may provide 27 that the member pay the association any sum, fixed in amount 28 or by a specified method of computation, for each violation 29 thereof; also all the association’s expenses of any suit 30 thereon, including bond premiums and attorney’s fees. All 31 such provisions shall be enforced as written, whether at law 32 or in equity, and shall be deemed proper measurement of actual 33 damages, and not penalties or forfeitures. 34 b. The association may obtain specific performance of any 35 -40- LSB 2081SC (8) 86 lh/rj 40/ 75
S.F. _____ such contract, or enjoin its threatened or continued breach, 1 despite the adequacy of any legal or other remedy. 2 c. If the association files a verified petition, showing an 3 actual or threatened breach of any such contract and seeking 4 any remedy therefor, the court shall, without notice or 5 delay but on such bond as it deems proper, issue a temporary 6 injunction against such breach or its continuance. 7 2. The parties to such contracts may agree to arbitrate 8 any controversy subsequently arising thereunder, and fix the 9 number of arbitrators and method of their appointment. Such 10 agreements shall be valid and irrevocable, except on such 11 grounds as invalidate contracts generally. If they specify no 12 method for appointing arbitrators, or if either party fails 13 to follow such method, or if for any reason arbitrators are 14 not named or vacancies filled, either party may apply to the 15 district court to designate the necessary arbitrator, who shall 16 then act under the agreement with the same authority as if 17 named in it. Unless otherwise agreed, there shall be but one 18 arbitrator. 19 Sec. 70. Section 499B.7, subsection 2, Code 2015, is amended 20 to read as follows: 21 2. Any conveyance, encumbrance, lien, alienation , or 22 devise of an apartment under a horizontal property regime by 23 any instrument which describes the land and apartment as set 24 forth in section 499B.4 , shall also convey, encumber, alienate, 25 devise , or be a lien upon the fractional or percentage 26 interest appurtenant to each such apartment under section 27 499B.4, subsection 6 , to the general common elements, and the 28 respective share or percentage interest to limited common 29 elements where applicable, whether such general common elements 30 or limited common elements are described as in section 499B.4, 31 subsections 4 and 5 , by general reference only, or not at all. 32 Sec. 71. Section 499B.15, subsections 3 and 4, Code 2015, 33 are amended to read as follows: 34 3. Method of calling or summoning the co-owners to assemble; 35 -41- LSB 2081SC (8) 86 lh/rj 41/ 75
S.F. _____ what percentage, if other than a majority of apartment owners, 1 shall constitute a quorum; who is to preside over the meeting ; 2 and who will keep the minute book wherein the resolutions shall 3 be recorded. 4 4. Maintenance, repair , and replacement of the common areas 5 and facilities and payments therefor including the method of 6 approving payment vouchers. 7 Sec. 72. Section 507B.5, subsection 1, paragraph c, Code 8 2015, is amended to read as follows: 9 c. Require directly or indirectly that any borrower, 10 mortgagor, purchaser, insurer, broker, or agent pay a separate 11 charge , in connection with the handling of any insurance 12 policy required as security for a loan on real estate , or pay 13 a separate charge to substitute the insurance policy of one 14 insurer for that of another. 15 Sec. 73. Section 507C.4, subsection 5, Code 2015, is amended 16 to read as follows: 17 5. All action actions authorized in this chapter shall be 18 brought in the district court in Polk county. 19 Sec. 74. Section 508.38, subsection 1, Code 2015, is amended 20 to read as follows: 21 1. This section does not apply to any reinsurance, 22 group annuity purchased under a retirement plan or plan of 23 deferred compensation established or maintained by an employer 24 (including , including a partnership or sole proprietorship) 25 proprietorship, or by an employee organization, or by both, 26 other than a plan providing individual retirement accounts or 27 individual retirement annuities under section 408 of the United 28 States Internal Revenue Code, as now or hereafter amended, 29 premium deposit fund, variable annuity, investment annuity, 30 immediate annuity, any deferred annuity contract after annuity 31 payments have commenced, or reversionary annuity, nor to any 32 contract which is delivered outside this state through an agent 33 or other representative of the company issuing the contract. 34 Sec. 75. Section 509.4, Code 2015, is amended to read as 35 -42- LSB 2081SC (8) 86 lh/rj 42/ 75
S.F. _____ follows: 1 509.4 Number insured. 2 An insurer may issue policies of individual life, accident, 3 health, hospital, medical or surgical insurance or any 4 combination thereof at reduced rates to employees of a common 5 employer including the state, a county, school district, city 6 or institution supported in whole or in part by public funds, 7 but the number of employees to be insured must be more than 8 one. The premium for such policies may be paid wholly or in 9 part by the employer. If such policies shall provide term life 10 insurance renewable only during the continuance of employment 11 with the employer they shall also provide for conversion to a 12 level premium life policy substantially in accordance with the 13 provisions of subsection 8 of section 509.2 , subsection 8 . 14 Sec. 76. Section 514.4, Code 2015, is amended to read as 15 follows: 16 514.4 Directors. 17 1. a. At least two-thirds of the directors of a hospital 18 service corporation, medical service corporation, dental 19 service corporation, or pharmaceutical or optometric service 20 corporation subject to this chapter shall be at all times 21 subscribers and not more than one-third of the directors 22 shall be providers as provided in this section . The board of 23 directors of each corporation shall consist of at least nine 24 members. 25 b. A subscriber director is a director of the board of 26 a corporation who is a subscriber and who is not a provider 27 of health care pursuant to section 514B.1, subsection 7 , a 28 person who has material financial or fiduciary interest in the 29 delivery of health care services or a related industry, an 30 employee of an institution which provides health care services, 31 or a spouse or a member of the immediate family of such a 32 person. However, a subscriber director of a dental service 33 corporation may be an employee, officer, director, or trustee 34 of a hospital that does not contract with the dental service 35 -43- LSB 2081SC (8) 86 lh/rj 43/ 75
S.F. _____ corporation. A subscriber director of a hospital or medical 1 service corporation shall be a subscriber of the services of 2 that corporation. 3 c. A provider director of a corporation subject to this 4 chapter shall be at all times a person who has a material 5 financial interest in or is a fiduciary to or an employee 6 of or is a spouse or member of the immediate family of a 7 provider having a contract with such corporation to render to 8 its subscribers the services of such corporation or who is a 9 hospital trustee. 10 2. A director may serve on a board of only one corporation 11 at a time subject to this chapter . 12 3. The commissioner of insurance shall adopt rules pursuant 13 to chapter 17A to implement the process of the election of 14 subscriber directors of the board of directors of a corporation 15 to ensure the representation of a broad spectrum of subscriber 16 interest on each board and establish criteria for the selection 17 of nominees. The rules shall provide for an independent 18 subscriber nominating committee to serve until the composition 19 of the board of directors meets the percentage requirements 20 of this section . Once the composition requirements of this 21 section are met, the nominations for subscriber directors 22 shall be made by the subscriber directors of the board under 23 procedures the board establishes which shall also permit 24 nomination by a petition of at least fifty subscribers. The 25 board shall also establish procedures to permit nomination of 26 provider directors by petition of at least fifty participating 27 providers. A member of the board of directors of a corporation 28 subject to this chapter shall not serve on the independent 29 subscriber nominating committee. The nominating committee 30 shall consist of subscribers as defined in this section . The 31 rules of the commissioner of insurance shall also permit 32 nomination of subscriber directors by a petition of at least 33 fifty subscribers, and nomination of provider directors 34 by a petition of at least fifty participating providers. 35 -44- LSB 2081SC (8) 86 lh/rj 44/ 75
S.F. _____ These petitions shall be considered only by the independent 1 nominating committee during the duration of the committee. 2 Following the discontinuance of the committee, the petition 3 process shall be continued and the board of directors of the 4 corporation shall consider the petitions. The independent 5 subscriber nominating committee is not subject to chapter 17A . 6 The nominating committee shall not receive per diem or expenses 7 for the performance of their duties. 8 4. Population factors, representation of different 9 geographic regions, and the demography of the service area of 10 the corporation subject to this chapter shall be considered 11 when making nominations for the board of directors of a 12 corporation subject to this chapter . 13 5. A corporation serving states in addition to Iowa shall be 14 required to implement this section only for directors who are 15 residents of Iowa and elected as board members from Iowa. 16 Sec. 77. Section 514G.105, subsection 10, paragraph c, Code 17 2015, is amended to read as follows: 18 c. The requirements of a policy summary set forth in 19 paragraph “b” may be incorporated into the basic illustration 20 required to be delivered in accordance with 191 IAC ch. 14, or 21 into the life insurance policy summary required to be delivered 22 in accordance with 191 IAC 15.4. 23 Sec. 78. Section 515.109, subsection 6, unnumbered 24 paragraph 1, Code 2015, is amended to read as follows: 25 a. The form of the standard policy (with permission to 26 substitute for the word “company” a more accurate descriptive 27 term for the type of insurer) shall be as follows: 28 Sec. 79. Section 515.109, subsection 6, unnumbered 29 paragraph 2, Code 2015, is amended to read as follows: 30 b. It is important that the written portions of all policies 31 covering the same property read exactly alike. If they do not, 32 they should be made uniform at once. 33 Sec. 80. Section 515A.4, subsection 5, Code 2015, is amended 34 to read as follows: 35 -45- LSB 2081SC (8) 86 lh/rj 45/ 75
S.F. _____ 5. Under such rules and regulations as the commissioner 1 shall adopt the commissioner may, by written order, suspend or 2 modify the requirement of filing as to any kind of insurance, 3 subdivision or combination thereof, or as to classes of risks, 4 the rates for which cannot practicably be filed before they are 5 used. Such order, rules and regulations shall be made known 6 to insurers and rating organizations affected thereby. The 7 commissioner may make such examination as the commissioner 8 may deem advisable to ascertain whether any rates affected by 9 such order meet the standards set forth in paragraph “b” of 10 subsection 1 of section 515A.3 , subsection 1, paragraph “b” . 11 Sec. 81. Section 515A.8, subsection 2, Code 2015, is amended 12 to read as follows: 13 2. If such appeal is based upon the failure of the rating 14 organization to make a filing on behalf of such member or 15 subscriber, which is based on a system of expense provisions 16 which differs, in accordance with the right granted in 17 paragraph “c” of subsection 1 of section 515A.3 , subsection 1, 18 paragraph “c” , from the system of expense provisions included 19 in a filing made by the rating organization, the commissioner 20 shall, if the commissioner grants the appeal, order the rating 21 organization to make the requested filing for use by the 22 appellant. In deciding such appeal the commissioner shall 23 apply the standards set forth in section 515A.3 . 24 Sec. 82. Section 517.1, unnumbered paragraph 1, Code 2015, 25 is amended to read as follows: 26 Every corporation, association, company, or reciprocal 27 exchange writing any of the several classes of insurance 28 authorized by paragraph “d” of subsection 5 of section 515.48 , 29 subsection 5, paragraph “d” , shall maintain reserves for 30 outstanding losses under insurance against loss or damage from 31 accident to or injuries suffered by an employee or other person 32 and for which the insured is liable computed as follows: 33 Sec. 83. Section 522.6, subsection 5, paragraph b, Code 34 2015, is amended to read as follows: 35 -46- LSB 2081SC (8) 86 lh/rj 46/ 75
S.F. _____ b. Require that an insurer maintain a risk management 1 framework, conduct an own risk and solvency assessment, 2 and file an own risk and solvency assessment summary report 3 if the insurer has a risk-based capital level that is a 4 company-action-level event as set forth in section 521E.3 for 5 insurers and section 521F.4 for health organizations or that 6 would cause the insurer to be in hazardous financial condition 7 as set forth in 191 IAC ch. 110, or if the insurer otherwise 8 exhibits qualities of a troubled insurer as determined by the 9 commissioner. 10 Sec. 84. Section 524.541, Code 2015, is amended to read as 11 follows: 12 524.541 Lists —— filing with superintendent. 13 1. Every state bank shall cause to be kept a full and 14 correct list of the names and addresses of the officers, 15 directors, and shareholders of the state bank, and the 16 number of shares held by each. If an affiliate, as defined 17 in subsection 4 of section 524.1101 , subsection 4, is a 18 shareholder in a state bank, such list shall include the names, 19 addresses, and percentage of ownership or interest in the 20 affiliate of the shareholders, members, or other individuals 21 possessing a beneficial interest in said affiliate. 22 2. A copy of the list as of the date of the adjournment 23 of each annual meeting of shareholders, in the form of an 24 affidavit signed by the president or cashier of the state bank, 25 shall be transmitted to the superintendent within ten days 26 after such annual meeting. 27 Sec. 85. Section 524.1003, Code 2015, is amended to read as 28 follows: 29 524.1003 Removal of fiduciary powers. 30 1. a. If the superintendent at any time concludes that 31 a state bank authorized to act in a fiduciary capacity is 32 managing its accounts in an unsafe or unsound manner, or in a 33 manner in conflict with the provisions of this chapter , and 34 such state bank refuses to correct such practices upon notice 35 -47- LSB 2081SC (8) 86 lh/rj 47/ 75
S.F. _____ to do so, the superintendent may forthwith direct that the 1 state bank cease to act as a fiduciary and proceed to resign 2 its fiduciary positions. 3 b. In such event the superintendent shall cause to be filed 4 a petition in the district court in which the state bank has 5 its principal place of business setting forth in general terms 6 that the state bank is acting as fiduciary with respect to 7 certain property and that it is necessary and desirable that 8 successor fiduciaries be appointed. Upon the filing of the 9 petition the court shall enter an order requiring all persons 10 interested in all such fiduciary accounts to designate and 11 take all necessary measures to appoint a successor fiduciary 12 within a time to be fixed by the order, or to show cause why a 13 successor fiduciary should not be appointed by the court. The 14 court shall also direct the state bank to mail a copy of the 15 order to each living settlor and each person known by the state 16 bank to have a beneficial interest in the fiduciary accounts 17 with respect to which the state bank is fiduciary and with 18 respect to which it is being asked to resign its position. 19 Such notice shall be mailed to the last known address of each 20 such settlor and person having a beneficial interest as shown 21 by the records of the state bank. The court may also order 22 publication of such order to the extent that it deems necessary 23 to protect the interests of absent or remote beneficiaries. 24 2. In any fiduciary account where those interested therein 25 fail to cause a successor fiduciary to be appointed prior 26 to the time fixed in such order, the court shall appoint a 27 successor fiduciary. A successor fiduciary appointed in 28 accordance with the terms of this section shall succeed to all 29 the rights, powers, titles, duties and responsibilities of 30 the state bank, except that the successor fiduciary shall not 31 exercise powers given in the instrument creating the powers 32 that by its express terms are personal to the fiduciary therein 33 designated and except claims or liabilities arising out of the 34 management of the fiduciary account prior to the date of the 35 -48- LSB 2081SC (8) 86 lh/rj 48/ 75
S.F. _____ transfer. 1 Sec. 86. Section 524.1601, subsections 1, 2, and 3, Code 2 2015, are amended to read as follows: 3 1. A director, officer, or employee of a state bank or bank 4 holding company who willfully violates any of the provisions 5 of subsection 4 of section 524.612 , subsection 4; section 6 524.613 , ; subsection 2 of section 524.706 , subsection 2, 7 insofar as such subsection incorporates subsection 4 of section 8 524.612 , subsection 4; or section 524.710 , shall be guilty of a 9 serious misdemeanor, and, in the following circumstances, shall 10 pay an additional fine or fines equal to: 11 a. The amount of money or the value of the property which 12 the director, officer, or employee received for procuring, 13 or attempting to procure, a loan, extension of credit, or 14 investment by the state bank or bank holding company, upon 15 conviction of a violation of subsection 1 of section 524.613 , 16 subsection 1, or of subsection 1 of section 524.710 , subsection 17 1 . 18 b. The amount by which the director’s, officer’s, or 19 employee’s deposit account in the state bank or bank holding 20 company is overdrawn, upon conviction of a violation of 21 subsection 2 of section 524.613 , subsection 2, or of subsection 22 2 of section 524.710 , subsection 2 . 23 c. The amount of any profit which the director, officer, 24 or employee receives on the transaction, upon conviction of 25 a violation of subsection 4 of section 524.612 , subsection 4 26 or of subsection 2 of section 524.706 , subsection 2, insofar 27 as each applies to purchases from and sales to a state bank 28 or bank holding company upon terms more favorable to such 29 director, officer, or employee than those offered to other 30 persons. 31 d. The amount of profit, fees, or other compensation 32 received, upon conviction of a violation of section 524.710, 33 subsection 1 , paragraph “b” . 34 2. A director or officer who willfully makes or receives 35 -49- LSB 2081SC (8) 86 lh/rj 49/ 75
S.F. _____ a loan in violation of subsection 1 of section 524.612 , 1