House Study Bill 128 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON BALTIMORE) A BILL FOR An Act relating to nonsubstantive Code corrections. 1 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 2 TLSB 2125HC (11) 87 lh/nh
H.F. _____ DIVISION I 1 MISCELLANEOUS CHANGES 2 Section 1. Section 1.5, Code 2017, is amended to read as 3 follows: 4 1.5 Federal wildlife and fish and game refuge. 5 The state of Iowa hereby consents that the government of 6 the United States may in any manner acquire in this state such 7 areas of land or water or of land and water as said government 8 may deem necessary for the establishment of the “Upper 9 Mississippi River Wild Life National Wildlife and Fish Refuge” 10 in accordance with the Act of Congress, approved June 7, 1924, 11 [16 U.S.C. ch 8] provided the states of Illinois, Wisconsin, 12 and Minnesota grant a like consent. 13 Sec. 2. Section 1.7, Code 2017, is amended to read as 14 follows: 15 1.7 Legislative grant. 16 There is hereby granted to the government of the United 17 States, so long as it shall use the same as a part and for 18 the purposes of the said “Upper Mississippi River Wild Life 19 National Wildlife and Fish Refuge”, all areas of land subject 20 to overflow and not used for agricultural purposes or state 21 fish hatcheries or salvaging stations, owned by this state 22 within the boundaries of the said refuge, as the same may be 23 established from time to time under authority of the said Act 24 of Congress. 25 Sec. 3. Section 1.9, Code 2017, is amended to read as 26 follows: 27 1.9 National forests. 28 The consent of the state of Iowa is hereby given to the 29 acquisition by the United States, by purchase, gift, or 30 condemnation with adequate compensation, of such lands in Iowa 31 as in the opinion of the federal government may be needed for 32 the establishment, consolidation , and extension of national 33 forests or for the establishment and extension of wild life 34 wildlife , fish , and game refuges and for other conservation 35 -1- LSB 2125HC (11) 87 lh/nh 1/ 59
H.F. _____ uses in the state, and may exercise jurisdiction thereover but 1 not to the extent of limiting the provisions of the laws of 2 this state. This section shall not, in any manner or to any 3 extent, modify, limit , or affect the title and ownership of the 4 state to all wild life wildlife as provided in section 481A.2 ; 5 provided, that the state of Iowa shall retain a concurrent 6 jurisdiction with the United States in and over lands so 7 acquired so far that civil process in all cases, and such 8 criminal process as may issue under the authority of the state 9 of Iowa against any persons charged with the commission of any 10 crime without or within said jurisdiction, may be executed 11 thereon in like manner as if this law had not been passed. 12 Sec. 4. Section 7.14, subsection 1, Code 2017, is amended 13 to read as follows: 14 1. Whenever it appears that the governor is unable to 15 discharge the duties of office for reason of disability 16 pursuant to Article IV, section 17, Constitution of the State 17 of Iowa, the person next in line of succession to the office 18 of the governor, or the chief justice, may call a conference 19 consisting of the person who is chief justice, the person who 20 is director of mental health, and the person who is the dean 21 of medicine at the state university of Iowa. Provided, if 22 either the director or dean is not a physician duly licensed to 23 practice medicine by this state the director or dean may assign 24 a member of the director’s or dean’s staff so licensed to 25 assist and advise on the conference. The three members of the 26 conference shall within ten days after the conference is called 27 examine the governor. Within seven days after the examination, 28 or if upon attempting to examine the governor the members of 29 the conference are unable to examine the governor because of 30 circumstances beyond their control, they shall conduct a secret 31 ballot and by unanimous vote may find that the governor is 32 temporarily unable to discharge the duties of the office. 33 Sec. 5. Section 7E.5, subsection 2, paragraph a, Code 2017, 34 is amended to read as follows: 35 -2- LSB 2125HC (11) 87 lh/nh 2/ 59
H.F. _____ a. There is a civil rights commission, a public employment 1 relations board, an interstate cooperation commission, an 2 Iowa ethics and campaign disclosure board, and an Iowa law 3 enforcement academy. 4 Sec. 6. Section 8.36, Code 2017, is amended to read as 5 follows: 6 8.36 Fiscal year. 7 The fiscal year of the government shall commence on the first 8 day of July and end on the thirtieth day of June. This fiscal 9 year shall be used for purposes of making appropriations and 10 of financial reporting and shall be uniformly adopted by all 11 departments and establishments of the government. However, the 12 department of workforce development may use the federal fiscal 13 year instead of the fiscal year commencing on July 1. 14 However, the department of workforce development may use the 15 federal fiscal year instead of the fiscal year commencing on 16 July 1. 17 Sec. 7. Section 8.39, subsection 5, Code 2017, is amended 18 to read as follows: 19 5. a. Any transfer made under the provisions of this 20 section shall be reported to the legislative fiscal committee 21 on a monthly basis. The report shall cover each calendar month 22 and shall be due the tenth day of the following month. The 23 report shall contain the following: 24 (1) The amount of each transfer ; the . 25 (2) The date of each transfer ; the . 26 (3) The departments and funds affected ; a . 27 (4) A brief explanation of the reason for the transfer ; and 28 such . 29 (5) Such other information as may be required by the 30 committee. 31 b. A summary of all transfers made under the provisions 32 of this section shall be included in the annual report of the 33 legislative fiscal committee. 34 Sec. 8. Section 10A.701, subsection 1, Code 2017, is amended 35 -3- LSB 2125HC (11) 87 lh/nh 3/ 59
H.F. _____ to read as follows: 1 1. “Administrator” means the person coordinating the 2 administration of this the division. 3 Sec. 9. Section 12J.3, subsection 2, paragraph a, Code 2017, 4 is amended to read as follows: 5 a. For each company on the scrutinized companies list, the 6 public fund shall send or have sent a written notice informing 7 the company of its status as a scrutinized company and that it 8 may become subject to divestment and restrictions on investment 9 in the company by the public fund. The notice shall offer the 10 company the opportunity to clarify its activities or to cease 11 its activities causing its inclusion on the scrutinized company 12 companies list. The public fund or its representative shall 13 continue to provide such written notice on an annual basis if 14 the company remains a scrutinized company. 15 Sec. 10. Section 12J.6, Code 2017, is amended to read as 16 follows: 17 12J.6 Public entities —— contract requirements. 18 A public entity shall not enter into a contract of one 19 thousand dollars or more with a scrutinized company included on 20 a scrutinized company companies list created by a public fund 21 pursuant to section 12J.3 to acquire or dispose of services, 22 supplies, information technology, or construction. 23 Sec. 11. Section 17A.12, subsection 5, Code 2017, is amended 24 to read as follows: 25 5. Unless precluded by statute, informal disposition may be 26 made of any contested case by stipulation, agreed settlement, 27 consent order , or default , or by another method agreed upon by 28 the parties in writing. 29 Sec. 12. Section 17A.19, subsection 7, Code 2017, is amended 30 to read as follows: 31 7. In proceedings for judicial review of agency action 32 a court may hear and consider such evidence as it deems 33 appropriate. In proceedings for judicial review of agency 34 action in a contested case, however, a court shall not itself 35 -4- LSB 2125HC (11) 87 lh/nh 4/ 59
H.F. _____ hear any further evidence with respect to those issues of 1 fact whose determination was entrusted by the Constitution or 2 a statute to the agency in that contested case proceeding. 3 Before the date set for hearing a petition for judicial review 4 of agency action in a contested case, application may be 5 made to the court for leave to present evidence in addition 6 to that found in the record of the case. If it is shown to 7 the satisfaction of the court that the additional evidence 8 is material and that there were good reasons for failure to 9 present it in the contested case proceeding before the agency, 10 the court may order that the additional evidence be taken 11 before the agency upon conditions determined by the court. 12 The agency may modify its findings and decision in the case 13 by reason of the additional evidence and shall file that 14 evidence and any modifications, new findings, or decisions with 15 the reviewing court and mail copies of the new findings or 16 decisions to all parties. 17 Sec. 13. Section 22.7, subsection 52, paragraph d, Code 18 2017, is amended to read as follows: 19 d. This subsection does not apply to a report filed with the 20 Iowa ethics and campaign disclosure board pursuant to section 21 8.7 . 22 Sec. 14. Section 26.3, subsection 1, Code 2017, is amended 23 to read as follows: 24 1. If the estimated total cost of a public improvement 25 exceeds the competitive bid threshold of one hundred thousand 26 dollars, or the adjusted competitive bid threshold established 27 in section 314.1B , the governmental entity shall advertise for 28 sealed bids for the proposed public improvement by posting a 29 notice to bidders not less than thirteen and not more than 30 forty-five days before the date for filing bids in a relevant 31 contractor plan room service with statewide circulation , and in 32 a relevant construction lead generating service with statewide 33 circulation , and on an internet site sponsored by either a 34 governmental entity or a statewide association that represents 35 -5- LSB 2125HC (11) 87 lh/nh 5/ 59
H.F. _____ the governmental entity. If circumstances beyond the control 1 of the governmental entity cause a scheduled bid letting to be 2 postponed and there are no changes to the project’s contract 3 documents, a notice to bidders of the revised date shall 4 be posted not less than four and not more than forty-five 5 days before the revised date for filing bids in a relevant 6 contractor plan room service with statewide circulation , and in 7 a relevant construction lead generating service with statewide 8 circulation , and on an internet site sponsored by either a 9 governmental entity or a statewide association that represents 10 the governmental entity. 11 Sec. 15. Section 29A.1, subsection 6, Code 2017, is amended 12 to read as follows: 13 6. “Militia” shall mean the forces provided for in the 14 Constitution of the state of Iowa. 15 Sec. 16. Section 43.27, Code 2017, is amended to read as 16 follows: 17 43.27 Printing of ballots. 18 The text printed on ballots of each political party shall be 19 in black ink, on separate sheets of paper, uniform in quality, 20 texture, and size, with the name of the political party printed 21 at the head of the ballots, which ballots shall be prepared 22 by the commissioner in the same manner as for the general 23 election, except as provided in this chapter provided . The 24 commissioner may print the ballots for each political party 25 using a different color for each party. If colored paper is 26 used, all of the ballots for each separate party shall be 27 uniform in color. 28 Sec. 17. Section 48A.25, Code 2017, is amended to read as 29 follows: 30 48A.25 Compensation for assistance in completing registration 31 forms. 32 1. a. A person may pay, offer to pay, or accept 33 compensation for assisting others in completing voter 34 registration forms only if the compensation is based solely on 35 -6- LSB 2125HC (11) 87 lh/nh 6/ 59
H.F. _____ the time spent providing the assistance. 1 b. Paying, offering to pay, or receiving compensation based 2 on the number of registration forms completed, or the party 3 affiliations shown on completed registration forms, or on any 4 other performance criteria, is unlawful. 5 2. a. This section shall not apply to state statutory 6 political committees, as defined in section 43.111 . 7 b. This section shall not apply to state and political 8 subdivision employees who are required to offer assistance to 9 clients as a part of their regular job duties, and who shall 10 not be granted additional compensation for voter registration 11 activities. 12 3. A person assisting another in completing a voter 13 registration form shall not complete any portion of the form 14 without the knowledge or consent of the registrant. 15 Sec. 18. Section 49.67, Code 2017, is amended to read as 16 follows: 17 49.67 Form of reserve supply. 18 1. The number of reserve ballots for each precinct shall be 19 determined by the commissioner. 20 2. a. If necessary, the commissioner or the commissioner’s 21 designee may make photocopies of official ballots to replace 22 or replenish ballot supplies. The commissioner shall keep 23 a record of the number of photocopied ballots made for each 24 precinct, the name of the person who made the photocopies, 25 and the date, time, and location at which the photocopies 26 were made. These records shall be made on forms and 27 following procedures prescribed by the secretary of state by 28 administrative rule. 29 b. In any precinct where photocopied ballots are used, each 30 photocopied ballot shall be initialed as required by section 31 49.82 by two precinct officials immediately before being issued 32 to the voter. In partisan elections the two precinct officials 33 shall be of different political parties. 34 Sec. 19. Section 49.75, Code 2017, is amended to read as 35 -7- LSB 2125HC (11) 87 lh/nh 7/ 59
H.F. _____ follows: 1 49.75 Oath. 2 Before opening the polls, each of the board members shall 3 take the following oath: 4 “I I , A. B., do solemnly swear or affirm that I will 5 impartially, and to the best of my knowledge and ability, 6 perform the duties of precinct election official of this 7 election, and will studiously endeavor to prevent fraud, 8 deceit, and abuse in conducting the election.” election. 9 Sec. 20. Section 68.9, Code 2017, is amended to read as 10 follows: 11 68.9 Organization of court. 12 1. When an impeachment is presented, the senate shall, after 13 the hour of final adjournment of the legislature, be forthwith 14 organized as a court of impeachment for the trial thereof, at 15 the capitol. 16 2. a. An oath or affirmation shall be administered by the 17 secretary of the senate to its president, and by the president 18 to each member of that body, to the effect that the member 19 will truly and impartially try and determine the charges of 20 impeachment according to the law and evidence. 21 b. No member shall sit on the trial or give evidence thereon 22 until the member has taken such oath or affirmation. 23 3. The organization of such court shall be perfected when 24 such presiding officer and the members present, but not less 25 than a majority of the whole number, have taken and subscribed 26 the oath or affirmation. 27 Sec. 21. Section 68A.603, Code 2017, is amended to read as 28 follows: 29 68A.603 Rules promulgated. 30 The Iowa ethics and campaign disclosure board shall 31 administer the provisions of sections 68A.601 through 68A.609 32 and shall promulgate all necessary rules in accordance with 33 chapter 17A . 34 Sec. 22. Section 68A.606, Code 2017, is amended to read as 35 -8- LSB 2125HC (11) 87 lh/nh 8/ 59
H.F. _____ follows: 1 68A.606 Funds —— campaign expenses only. 2 1. The chairperson of the state statutory political 3 committee shall produce evidence to the Iowa ethics and 4 campaign disclosure board not later than the twenty-fifth 5 day of January each year, that all income tax checkoff funds 6 expended for campaign expenses have been utilized exclusively 7 for campaign expenses. 8 2. The Iowa ethics and campaign disclosure board shall 9 issue, prior to the payment of any money, guidelines that 10 explain which expenses and evidence thereof qualify as 11 acceptable campaign expenses. 12 3. Should the Iowa ethics and campaign disclosure board 13 determine that any part of the funds have been used for 14 noncampaign or improper expenses, the board may order the 15 political party or the candidate to return all or any part of 16 the total funds paid to that political party for that election. 17 When such funds are returned, they shall be deposited in the 18 general fund of the state. 19 Sec. 23. Section 68B.35, subsection 2, paragraph e, Code 20 2017, is amended to read as follows: 21 e. Members of the state banking council, the Iowa ethics 22 and campaign disclosure board, the credit union review board, 23 the economic development authority, the employment appeal 24 board, the environmental protection commission, the health 25 facilities council, the Iowa finance authority, the Iowa public 26 employees’ retirement system investment board, the board of 27 the Iowa lottery authority, the natural resource commission, 28 the board of parole, the petroleum underground storage tank 29 fund board, the public employment relations board, the state 30 racing and gaming commission, the state board of regents, the 31 transportation commission, the office of consumer advocate, the 32 utilities board, the Iowa telecommunications and technology 33 commission, and any full-time members of other boards and 34 commissions as defined under section 7E.4 who receive an annual 35 -9- LSB 2125HC (11) 87 lh/nh 9/ 59
H.F. _____ salary for their service on the board or commission. The Iowa 1 ethics and campaign disclosure board shall conduct an annual 2 review to determine if members of any other board, commission, 3 or authority should file a statement and shall require the 4 filing of a statement pursuant to rules adopted pursuant to 5 chapter 17A . 6 Sec. 24. Section 68B.35, subsection 5, Code 2017, is amended 7 to read as follows: 8 5. a. A candidate for statewide office shall file 9 a financial statement with the Iowa ethics and campaign 10 disclosure board, a candidate for the office of state 11 representative shall file a financial statement with the chief 12 clerk of the house of representatives, and a candidate for 13 the office of state senator shall file a financial statement 14 with the secretary of the senate. Statements shall contain 15 information concerning the year preceding the year in which the 16 election is to be held. 17 b. The Iowa ethics and campaign disclosure board shall 18 adopt rules pursuant to chapter 17A providing for the filing of 19 the financial statements with the board and for the deposit, 20 retention, and availability of the financial statements. The 21 ethics committees of the house of representatives and the 22 senate shall recommend rules for adoption by the respective 23 houses providing for the filing of the financial statements 24 with the chief clerk of the house or the secretary of the 25 senate and for the deposit, retention, and availability of 26 the financial statements. Rules adopted shall also include a 27 procedure for notification of candidates of the duty to file 28 disclosure statements under this section . 29 Sec. 25. Section 96.19, subsection 41, Code 2017, is amended 30 to read as follows: 31 41. a. “Wages” means all remuneration for personal 32 services, including commissions and bonuses and the cash 33 value of all remuneration in any medium other than cash. The 34 reasonable cash value of remuneration in any medium other than 35 -10- LSB 2125HC (11) 87 lh/nh 10/ 59
H.F. _____ cash shall be estimated and determined in accordance with rules 1 prescribed by the department. 2 b. The term wages “wages” shall not include: 3 a. (1) The amount of any payment, including any amount 4 paid by an employer for insurance or annuities or into a 5 fund to provide for such payment, made to or on behalf of an 6 employee or any of the employee’s dependents under a plan or 7 system established by an employer which makes provisions for 8 the employer’s employees generally, or for the employer’s 9 employees generally and their dependents, or for a class, or 10 classes of the employer’s employees, or for a class or classes 11 of the employer’s employees and their dependents, on account 12 of retirement, sickness, accident disability, medical , or 13 hospitalization expense in connection with sickness or accident 14 disability, or death. 15 b. (2) Any payment paid to an employee, including any 16 amount paid by any employer for insurance or annuities or 17 into a fund to provide for any such payment, on account of 18 retirement. 19 c. (3) Any payment on account of sickness or accident 20 disability, or medical or hospitalization expense in connection 21 with sickness or accident disability made by an employer to, or 22 on behalf of, an employee after the expiration of six calendar 23 months following the last calendar month in which the employee 24 worked for such employer. 25 d. (4) Remuneration for agricultural labor paid in any 26 medium other than cash. 27 e. (5) Any portion of the remuneration to a member of 28 a limited liability company based on a membership interest 29 in the company provided that the remuneration is allocated 30 among members, and among classes of members, in proportion to 31 their respective investments in the company. If the amount of 32 remuneration attributable to a membership interest cannot be 33 determined, the entire amount of remuneration shall be deemed 34 to be based on services performed. 35 -11- LSB 2125HC (11) 87 lh/nh 11/ 59
H.F. _____ Sec. 26. Section 97B.44, Code 2017, is amended to read as 1 follows: 2 97B.44 Beneficiary. 3 1. Each member shall designate on a form to be furnished 4 by the system a beneficiary for death benefits payable under 5 this chapter on the death of the member. The designation may 6 be changed from time to time by the member by filing a new 7 designation with the system. 8 2. A designation or change in designation made by a member 9 on or after July 1, 2000, shall contain the written consent of 10 the member’s spouse, if applicable. However, the system may 11 accept a married member’s designation or change in designation 12 under this section without the written consent of the member’s 13 spouse if the member submits a notarized statement indicating 14 that the member has been unable to locate the member’s spouse 15 to obtain the written consent of the spouse after reasonable 16 diligent efforts. The member’s designation or change in 17 designation shall become effective upon filing the necessary 18 forms, including the notarized statement, with the system. The 19 system shall not be liable to the member, the member’s spouse, 20 or to any other person affected by the member’s designation or 21 change of designation, based upon a designation or change of 22 designation accomplished without the written consent of the 23 member’s spouse. 24 3. The designation of a beneficiary is not applicable if the 25 member receives a refund of all contributions of the member. 26 If a member who has received a refund of contributions returns 27 to employment, the member shall file a new designation with the 28 system. 29 4. If a member has not designated a beneficiary on a 30 form furnished by the system, or if there are no surviving 31 designated beneficiaries of a member, death benefits payable 32 under this chapter shall be paid to the member’s estate. 33 However, the system may accept a married member’s 34 designation or change in designation under this section without 35 -12- LSB 2125HC (11) 87 lh/nh 12/ 59
H.F. _____ the written consent of the member’s spouse if the member 1 submits a notarized statement indicating that the member has 2 been unable to locate the member’s spouse to obtain the written 3 consent of the spouse after reasonable diligent efforts. The 4 member’s designation or change in designation shall become 5 effective upon filing the necessary forms, including the 6 notarized statement, with the system. The system shall not 7 be liable to the member, the member’s spouse, or to any other 8 person affected by the member’s designation or change of 9 designation, based upon a designation or change of designation 10 accomplished without the written consent of the member’s 11 spouse. 12 Sec. 27. Section 103A.41, Code 2017, is amended to read as 13 follows: 14 103A.41 State historic building code. 15 The commissioner, with the approval of the state historical 16 society board established by section 303.4 , shall adopt, in 17 accordance with chapter 17A , alternative building standards and 18 building regulations for the rehabilitation , ; preservation , ; 19 restoration , (including including related reconstruction) 20 reconstruction ; and relocation of buildings or structures 21 designated by state agencies or governmental subdivisions as 22 qualified historic buildings which are included in, or appear 23 to meet criteria for inclusion in, the national register of 24 historic places. The alternative building standards and 25 building regulations comprise and shall be known as the state 26 historic building code. The purpose of the state historic 27 building code is to facilitate the restoration or change of 28 occupancy of qualified historic buildings or structures so as 29 to preserve their original or restored architectural elements 30 and features and, concurrently, to provide reasonable safety 31 from fire and other hazards for the occupants and users, 32 through a cost-effective approach to preservation. 33 Sec. 28. Section 124.306, Code 2017, is amended to read as 34 follows: 35 -13- LSB 2125HC (11) 87 lh/nh 13/ 59
H.F. _____ 124.306 Records of registrants. 1 1. a. Persons registered to manufacture, distribute, 2 dispense, or administer controlled substances under this 3 chapter shall keep records and maintain inventories in 4 conformance with the recordkeeping and inventory requirements 5 of federal law and with such additional rules as may be issued 6 by the board. A practitioner who engages in dispensing any 7 controlled substance to the practitioner’s patients shall 8 keep records of receipt and disbursements of such drugs, 9 including dispensing or other disposition, and information 10 as to controlled substances stolen, lost, or destroyed. In 11 every such case the records of controlled substance received 12 shall show the date of receipt, the name and address of the 13 person from whom received, and the kind and quantity of drugs 14 received. The record of all controlled substances dispensed or 15 otherwise disposed of , shall show the date of dispensing, the 16 name and address of the person to whom or for whose use, or the 17 owner and species of animal for which the drugs were dispensed 18 and the kind and quantity of drugs dispensed. 19 b. Every such record shall be kept for a period of two 20 years from the date of the transaction recorded. Records of 21 controlled substances lost, destroyed , or stolen, shall contain 22 a detailed list of the kind and quantity of such drugs and the 23 date of the discovery of such loss, destruction, or theft. 24 2. No person shall distribute complimentary packages of 25 controlled substances , to a practitioner unless that person 26 prepares and leaves with the practitioner a specific written 27 list of the items so distributed. This list shall be prepared 28 on a form prescribed by rules promulgated by the board, and the 29 person who distributes the items listed shall send a copy of 30 the list to the board as soon as practicable after distribution 31 of the complimentary packages to the practitioner. 32 Sec. 29. Section 124.407, Code 2017, is amended to read as 33 follows: 34 124.407 Gatherings where controlled substances unlawfully 35 -14- LSB 2125HC (11) 87 lh/nh 14/ 59
H.F. _____ used —— penalties. 1 1. It is unlawful for any person to sponsor, promote, or 2 aid, or assist in the sponsoring or promoting of a meeting, 3 gathering, or assemblage with the knowledge or intent that a 4 controlled substance be there distributed, used , or possessed, 5 in violation of this chapter . 6 2. a. Any person who violates this section and where the 7 controlled substance is any one other than marijuana is guilty 8 of a class “D” felony. 9 b. Any person who violates this section , and where the 10 controlled substance is marijuana only, is guilty of a serious 11 misdemeanor. 12 3. The district court shall grant an injunction barring a 13 meeting, gathering, or assemblage if upon hearing the court 14 finds that the sponsors or promoters of the meeting, gathering, 15 or assemblage have not taken reasonable means to prevent the 16 unlawful distribution, use , or possession of a controlled 17 substance. Further injunctive relief may be granted against 18 all persons furnishing goods or services to such meeting, 19 gathering, or assemblage. 20 4. The district court may, upon application and a showing 21 of one or more of the grounds provided in section 639.3 , grant 22 to the state or governmental subdivision thereof a writ of 23 attachment, ex parte, without bond, in an amount necessary to 24 secure the payment of any fine that may be imposed and the 25 payment of costs. The reasonable expense to the state and 26 governmental subdivisions thereof to provide the necessary law 27 enforcement resulting from a meeting, gathering , or assemblage 28 held in violation of this section may be taxed as costs in the 29 criminal action. 30 Sec. 30. Section 159.27, Code 2017, is amended to read as 31 follows: 32 159.27 Iowa seal. 33 1. A seal for agricultural products shall be created 34 under the direction of the department of agriculture and land 35 -15- LSB 2125HC (11) 87 lh/nh 15/ 59
H.F. _____ stewardship to identify agricultural products that have been 1 produced or processed in the state. The department shall 2 certify that agricultural products marked with the Iowa seal 3 are of the quality and specifications warranted by the sellers 4 of those products. 5 2. The department of agriculture and land stewardship 6 shall adopt rules under chapter 17A to provide methods of 7 identifying, marking, and grading agricultural products, to 8 prevent any misleading use of the Iowa seal, and as necessary 9 or advisable to fully implement this section . 10 3. a. A violation of a rule adopted by the department of 11 agriculture and land stewardship to implement this section is a 12 simple misdemeanor. 13 b. A fraudulent use of the term “Iowa Seal” or of the 14 identifying mark for the Iowa seal, or a deliberately 15 misleading or unwarranted use of the term or identifying mark 16 is a serious misdemeanor. 17 Sec. 31. Section 232.102, Code 2017, is amended to read as 18 follows: 19 232.102 Transfer of legal custody of child and placement. 20 1. a. After a dispositional hearing the court may enter an 21 order transferring the legal custody of the child to one of the 22 following for purposes of placement: 23 (1) A parent who does not have physical care of the child, 24 other relative, or other suitable person. 25 (2) A child-placing agency or other suitable private 26 agency, facility, or institution which is licensed or otherwise 27 authorized by law to receive and provide care for the child. 28 (3) The department of human services. If the child is 29 placed in a juvenile shelter care home or with an individual 30 or agency as defined in section 237.1 , the department shall 31 assign decision-making authority to the juvenile shelter care 32 home, individual, or agency for the purpose of applying the 33 reasonable and prudent parent standard during the child’s 34 placement. 35 -16- LSB 2125HC (11) 87 lh/nh 16/ 59
H.F. _____ b. If the child is sixteen years of age or older, the 1 order shall specify the services needed to assist the child in 2 preparing for the transition from foster care to adulthood. If 3 the child has a case permanency plan, the court shall consider 4 the written transition plan of services and needs assessment 5 developed for the child’s case permanency plan. If the child 6 does not have a case permanency plan containing the transition 7 plan and needs assessment at the time the order is entered, the 8 written transition plan and needs assessment shall be developed 9 and submitted for the court’s consideration no later than six 10 months from the date of the transfer order. The court shall 11 modify the initial transfer order as necessary to specify 12 the services needed to assist the child in preparing for the 13 transition from foster care to adulthood. If the transition 14 plan identifies services or other support needed to assist 15 the child when the child becomes an adult and the court deems 16 it to be beneficial to the child, the court may authorize 17 the individual who is the child’s guardian ad litem or court 18 appointed special advocate to continue a relationship with and 19 provide advice to the child for a period of time beyond the 20 child’s eighteenth birthday. 21 1A. 2. The court shall not order group foster care 22 placement of the child which is a charge upon the state if that 23 placement is not in accordance with the service area plan for 24 group foster care established pursuant to section 232.143 for 25 the departmental service area in which the court is located. 26 2. 3. After a dispositional hearing and upon the request 27 of the department, the court may enter an order appointing the 28 department as the guardian of an unaccompanied refugee child or 29 of a child without parent or guardian. 30 3. 4. After a dispositional hearing and upon written 31 findings of fact based upon evidence in the record that an 32 alternative placement set forth in subsection 1 , paragraph 33 “a” , subparagraph (1), has previously been made and is not 34 appropriate, the court may enter an order transferring the 35 -17- LSB 2125HC (11) 87 lh/nh 17/ 59
H.F. _____ guardianship of the child for the purposes of subsection 9 11 , 1 to the director of human services for the purposes of placement 2 in the Iowa juvenile home at Toledo. 3 4. 5. a. Upon receipt of an application from the director 4 of the department of human services, the court shall enter an 5 order to temporarily transfer a child who has been placed in 6 the Iowa juvenile home at Toledo pursuant to subsection 3 4 , 7 to a facility which has been designated to be an alternative 8 placement site for the juvenile home, provided the court finds 9 that all of the following conditions exist: 10 (1) There is insufficient time to file a motion and hold a 11 hearing for a new dispositional order under section 232.103 . 12 (2) Immediate removal of the child from the juvenile home 13 is necessary to safeguard the child’s physical or emotional 14 health. 15 (3) That reasonable attempts to notify the parents, 16 guardian ad litem, and attorney for the child have been made. 17 b. If the court finds the conditions in paragraph “a” exist 18 and there is insufficient time to provide notice as required 19 under rule of juvenile procedure 8.12, the court may enter 20 an ex parte order temporarily transferring the child to the 21 alternative placement site. 22 c. Within three days of the child’s transfer, the director 23 shall file a motion for a new dispositional order under section 24 232.103 and the court shall hold a hearing concerning the 25 motion within fourteen days of the child’s transfer. 26 5. 6. a. Whenever possible the court should permit the 27 child to remain at home with the child’s parent, guardian, or 28 custodian. Custody of the child should not be transferred 29 unless the court finds there is clear and convincing evidence 30 that: 31 (1) The child cannot be protected from physical abuse 32 without transfer of custody; or 33 (2) The child cannot be protected from some harm which would 34 justify the adjudication of the child as a child in need of 35 -18- LSB 2125HC (11) 87 lh/nh 18/ 59
H.F. _____ assistance and an adequate placement is available. 1 b. In order to transfer custody of the child under 2 this subsection , the court must make a determination that 3 continuation of the child in the child’s home would be contrary 4 to the welfare of the child, and shall identify the reasonable 5 efforts that have been made. The court’s determination 6 regarding continuation of the child in the child’s home, 7 and regarding reasonable efforts, including those made to 8 prevent removal and those made to finalize any permanency 9 plan in effect, as well as any determination by the court 10 that reasonable efforts are not required, must be made on 11 a case-by-case basis. The grounds for each determination 12 must be explicitly documented and stated in the court order. 13 However, preserving the safety of the child is the paramount 14 consideration. If imminent danger to the child’s life or 15 health exists at the time of the court’s consideration, the 16 determinations otherwise required under this paragraph shall 17 not be a prerequisite for an order for removal of the child. 18 If the court transfers custody of the child, unless the 19 court waives the requirement for making reasonable efforts or 20 otherwise makes a determination that reasonable efforts are not 21 required, reasonable efforts shall be made to make it possible 22 for the child to safely return to the family’s home. 23 5A. 7. A child placed in foster care may participate in 24 age or developmentally appropriate extracurricular, enrichment, 25 cultural, and social activities subject to the approval 26 of the child’s foster parents or the appropriate licensed 27 foster care facility staff. A court shall make a finding at 28 all review hearings to address the child’s participation in 29 such activities and how barriers to participation are being 30 addressed. 31 6. 8. The child shall not be placed in the state training 32 school. 33 7. 9. In any order transferring custody to the department 34 or an agency, or in orders pursuant to a custody order, the 35 -19- LSB 2125HC (11) 87 lh/nh 19/ 59
H.F. _____ court shall specify the nature and category of disposition 1 which will serve the best interests of the child, and shall 2 prescribe the means by which the placement shall be monitored 3 by the court. If the court orders the transfer of the custody 4 of the child to the department of human services or other 5 agency for placement, the department or agency shall submit 6 a case permanency plan to the court and shall make every 7 reasonable effort to return the child to the child’s home as 8 quickly as possible consistent with the best interests of the 9 child. When the child is not returned to the child’s home and 10 if the child has been previously placed in a licensed foster 11 care facility, the department or agency shall consider placing 12 the child in the same licensed foster care facility. If the 13 court orders the transfer of custody to a parent who does not 14 have physical care of the child, other relative, or other 15 suitable person, the court may direct the department or other 16 agency to provide services to the child’s parent, guardian, 17 or custodian in order to enable them to resume custody of the 18 child. If the court orders the transfer of custody to the 19 department of human services or to another agency for placement 20 in group foster care, the department or agency shall make every 21 reasonable effort to place the child in the least restrictive, 22 most family-like, and most appropriate setting available, and 23 in close proximity to the parents’ home, consistent with the 24 child’s best interests and special needs, and shall consider 25 the placement’s proximity to the school in which the child is 26 enrolled at the time of placement. 27 8. 10. Any order transferring custody to the department 28 or an agency shall include a statement informing the child’s 29 parent that the consequences of a permanent removal may include 30 the termination of the parent’s rights with respect to the 31 child. 32 9. 11. An agency, facility, institution, or person to whom 33 custody of the child has been transferred pursuant to this 34 section shall file a written report with the court at least 35 -20- LSB 2125HC (11) 87 lh/nh 20/ 59
H.F. _____ every six months concerning the status and progress of the 1 child. The court shall hold a periodic dispositional review 2 hearing for each child in placement pursuant to this section in 3 order to determine whether the child should be returned home, 4 an extension of the placement should be made, a permanency 5 hearing should be held, or a termination of the parent-child 6 relationship proceeding should be instituted. The placement 7 shall be terminated and the child returned to the child’s home 8 if the court finds by a preponderance of the evidence that the 9 child will not suffer harm in the manner specified in section 10 232.2, subsection 6 . If the placement is extended, the court 11 shall determine whether additional services are necessary to 12 facilitate the return of the child to the child’s home, and 13 if the court determines such services are needed, the court 14 shall order the provision of such services. When the child 15 is not returned to the child’s home and if the child has been 16 previously placed in a licensed foster care facility, the 17 department or agency responsible for the placement of the child 18 shall consider placing the child in the same licensed foster 19 care facility. 20 a. The initial dispositional review hearing shall not be 21 waived or continued beyond six months after the date of the 22 dispositional hearing. 23 b. Subsequent dispositional review hearings shall not be 24 waived or continued beyond twelve months after the date of the 25 most recent dispositional review hearing. 26 c. For purposes of this subsection , a hearing held pursuant 27 to section 232.103 satisfies the requirements for initial 28 dispositional review or subsequent permanency hearing. 29 10. 12. a. As used in this division , “reasonable efforts” 30 means the efforts made to preserve and unify a family prior 31 to the out-of-home placement of a child in foster care or 32 to eliminate the need for removal of the child or make it 33 possible for the child to safely return to the family’s home. 34 Reasonable efforts shall include but are not limited to giving 35 -21- LSB 2125HC (11) 87 lh/nh 21/ 59
H.F. _____ consideration, if appropriate, to interstate placement of a 1 child in the permanency planning decisions involving the child 2 and giving consideration to in-state and out-of-state placement 3 options at a permanency hearing and when using concurrent 4 planning. If returning the child to the family’s home is not 5 appropriate or not possible, reasonable efforts shall include 6 the efforts made in a timely manner to finalize a permanency 7 plan for the child. A child’s health and safety shall be the 8 paramount concern in making reasonable efforts. Reasonable 9 efforts may include but are not limited to family-centered 10 services, if the child’s safety in the home can be maintained 11 during the time the services are provided. In determining 12 whether reasonable efforts have been made, the court shall 13 consider both of the following: 14 (1) The type, duration, and intensity of services or support 15 offered or provided to the child and the child’s family. If 16 family-centered services were not provided, the court record 17 shall enumerate the reasons the services were not provided, 18 including but not limited to whether the services were not 19 available, not accepted by the child’s family, judged to be 20 unable to protect the child and the child’s family during 21 the time the services would have been provided, judged to be 22 unlikely to be successful in resolving the problems which would 23 lead to removal of the child, or other services were found to 24 be more appropriate. 25 (2) The relative risk to the child of remaining in the 26 child’s home versus removal of the child. 27 b. As used in this section , “family-centered services” means 28 services and other support intended to safely maintain a child 29 with the child’s family or with a relative, to safely and in a 30 timely manner return a child to the home of the child’s parent 31 or relative, or to promote achievement of concurrent planning 32 goals by identifying and helping the child secure placement 33 for adoption, with a guardian, or with other alternative 34 permanent family connections. Family-centered services are 35 -22- LSB 2125HC (11) 87 lh/nh 22/ 59
H.F. _____ adapted to the individual needs of a family in regard to the 1 specific services and other support provided to the child’s 2 family and the intensity and duration of service delivery. 3 Family-centered services are intended to preserve a child’s 4 connections to the child’s neighborhood, community, and family 5 and to improve the overall capacity of the child’s family to 6 provide for the needs of the children in the family. 7 11. 13. The performance of reasonable efforts to place a 8 child for adoption or with a guardian may be made concurrently 9 with making reasonable efforts as defined in this section . 10 12. 14. If the court determines by clear and convincing 11 evidence that aggravated circumstances exist, with written 12 findings of fact based upon evidence in the record, the court 13 may waive the requirement for making reasonable efforts. The 14 existence of aggravated circumstances is indicated by any of 15 the following: 16 a. The parent has abandoned the child. 17 b. The court finds the circumstances described in section 18 232.116, subsection 1 , paragraph “i” , are applicable to the 19 child. 20 c. The parent’s parental rights have been terminated under 21 section 232.116 or involuntarily terminated by an order of a 22 court of competent jurisdiction in another state with respect 23 to another child who is a member of the same family, and there 24 is clear and convincing evidence to show that the offer or 25 receipt of services would not be likely within a reasonable 26 period of time to correct the conditions which led to the 27 child’s removal. 28 d. The parent has been convicted of the murder of another 29 child of the parent. 30 e. The parent has been convicted of the voluntary 31 manslaughter of another child of the parent. 32 f. The parent has been convicted of aiding or abetting, 33 attempting, conspiring in, or soliciting the commission of 34 the murder or voluntary manslaughter of another child of the 35 -23- LSB 2125HC (11) 87 lh/nh 23/ 59
H.F. _____ parent. 1 g. The parent has been convicted of a felony assault which 2 resulted in serious bodily injury of the child or of another 3 child of the parent. 4 13. 15. Unless prohibited by the court order transferring 5 custody of the child for placement or other court order or the 6 department or agency that received the custody transfer finds 7 that allowing the visitation would not be in the child’s best 8 interest, the department or agency may authorize reasonable 9 visitation with the child by the child’s grandparent, 10 great-grandparent, or other adult relative who has established 11 a substantial relationship with the child. 12 Sec. 32. Section 235B.3A, subsection 3, Code 2017, is 13 amended to read as follows: 14 3. Providing a dependent adult with immediate and adequate 15 notice of the dependent adult’s rights. The notice shall 16 consist of handing the dependent adult a document that includes 17 the telephone numbers of shelters, support groups, and 18 crisis lines operating in the area and contains a copy of the 19 following written statement; requesting the dependent adult 20 to read the card; and asking the dependent adult whether the 21 dependent adult understands the rights: 22 [a] [1] You have the right to ask the court for the following 23 help on a temporary basis: 24 [1] [a] Keeping the alleged perpetrator away from you, your 25 home, and your place of work. 26 [2] [b] The right to stay at your home without interference 27 from the alleged perpetrator. 28 [3] [c] Professional counseling for you, your family, or 29 household members, and the alleged perpetrator of the dependent 30 adult abuse. 31 [b] [2] If you are in need of medical treatment, you have the 32 right to request that the peace officer present assist you in 33 obtaining transportation to the nearest hospital or otherwise 34 assist you. 35 -24- LSB 2125HC (11) 87 lh/nh 24/ 59
H.F. _____ [c] [3] If you believe that police protection is needed for 1 your physical safety, you have the right to request that the 2 peace officer present remain at the scene until you and other 3 affected parties can leave or safety is otherwise ensured. 4 Sec. 33. Section 235E.3, subsection 3, Code 2017, is amended 5 to read as follows: 6 3. Providing a dependent adult with immediate and adequate 7 notice of the dependent adult’s rights. The notice shall 8 consist of handing the dependent adult a document that includes 9 the telephone numbers of shelters, support groups, and 10 crisis lines operating in the area and contains a copy of the 11 following written statement; requesting the dependent adult 12 to read the card; and asking the dependent adult whether the 13 dependent adult understands the rights: 14 [a] [1] You have the right to ask the court for the following 15 help on a temporary basis: 16 [1] [a] Keeping the alleged perpetrator away from you, your 17 home, your facility, and your place of work. 18 [2] [b] The right to stay at your home or facility without 19 interference from the alleged perpetrator. 20 [3] [c] Professional counseling for you, your family, or 21 household members, and the alleged perpetrator of the dependent 22 adult abuse. 23 [b] [2] If you are in need of medical treatment, you have the 24 right to request that the peace officer present assist you in 25 obtaining transportation to the nearest hospital or otherwise 26 assist you. 27 [c] [3] If you believe that police protection is needed for 28 your physical safety, you have the right to request that the 29 peace officer present remain at the scene until you and other 30 affected parties can leave or safety is otherwise ensured. 31 Sec. 34. Section 236.12, subsection 1, paragraph c, Code 32 2017, is amended to read as follows: 33 c. Providing an abused person with immediate and adequate 34 notice of the person’s rights. The notice shall consist of 35 -25- LSB 2125HC (11) 87 lh/nh 25/ 59
H.F. _____ handing the person a document that includes the telephone 1 numbers of shelters, support groups, and crisis lines operating 2 in the area and contains a copy of the following statement 3 written in English and Spanish; asking the person to read the 4 card; and asking whether the person understands the rights: 5 [1] You have the right to ask the court for the following 6 help on a temporary basis: 7 [1] [a] Keeping your attacker away from you, your home and 8 your place of work. 9 [2] [b] The right to stay at your home without interference 10 from your attacker. 11 [3] [c] Getting custody of children and obtaining support 12 for yourself and your minor children if your attacker is 13 legally required to provide such support. 14 [4] [d] Professional counseling for you, the children who 15 are members of the household, and the defendant. 16 [2] You have the right to seek help from the court to seek 17 a protective order with or without the assistance of legal 18 representation. You have the right to seek help from the 19 courts without the payment of court costs if you do not have 20 sufficient funds to pay the costs. 21 [3] You have the right to file criminal charges for threats, 22 assaults, or other related crimes. 23 [4] You have the right to seek restitution against your 24 attacker for harm to yourself or your property. 25 [5] If you are in need of medical treatment, you have 26 the right to request that the officer present assist you in 27 obtaining transportation to the nearest hospital or otherwise 28 assist you. 29 [6] If you believe that police protection is needed for your 30 physical safety, you have the right to request that the officer 31 present remain at the scene until you and other affected 32 parties can leave or until safety is otherwise ensured. 33 Sec. 35. Section 237A.13, subsection 1, paragraph a, Code 34 2017, is amended to read as follows: 35 -26- LSB 2125HC (11) 87 lh/nh 26/ 59
H.F. _____ a. The child’s parent, guardian, or custodian is 1 participating in approved academic , or vocational , or technical 2 training. 3 Sec. 36. Section 257.24, Code 2017, is amended to read as 4 follows: 5 257.24 Deposit of instructional support income surtax. 6 1. The director of revenue shall deposit all moneys received 7 as instructional support income surtax to the credit of each 8 district from which the moneys are received, in the school 9 district income surtax fund which is established in section 10 298.14 . 11 2. a. The director of revenue shall deposit instructional 12 support income surtax moneys received on or before November 1 13 of the year following the close of the school budget year for 14 which the surtax is imposed to the credit of each district from 15 which the moneys are received in the school district income 16 surtax fund. 17 b. Instructional support income surtax moneys received or 18 refunded after November 1 of the year following the close of 19 the school budget year for which the surtax is imposed shall be 20 deposited in or withdrawn from the general fund of the state 21 and shall be considered part of the cost of administering the 22 instructional support income surtax. 23 Sec. 37. Section 261A.27, Code 2017, is amended to read as 24 follows: 25 261A.27 Exercise of powers as essential public function —— 26 exemption from taxation. 27 1. The exercise of the powers granted by this chapter will 28 be in all respects for the benefit of the people of this state, 29 for the increase of their commerce, welfare, and prosperity, 30 and for the improvement of their health and living conditions, 31 and as the operation and maintenance of a program by the 32 authority or its agent will constitute the performance of an 33 essential public function. Income of the authority is exempt 34 from all taxation in the state. Property of the authority, 35 -27- LSB 2125HC (11) 87 lh/nh 27/ 59
H.F. _____ acquired or held for purposes of this chapter , is exempt from 1 all taxation and special assessments in the state if the 2 property was exempt for the fiscal year in which the property 3 was first acquired or held and such property shall continue 4 to be exempt for subsequent fiscal years. Property of the 5 authority, acquired or held for purposes of this chapter , is 6 subject to taxation and special assessments in the state if the 7 property was taxable for the fiscal year in which the property 8 was first acquired or held and such property shall continue to 9 be taxable for subsequent fiscal years. 10 2. Obligations issued by the authority on or after July 1, 11 2000, pursuant to either division subchapter of this chapter , 12 their transfer, and income therefrom are exempt from taxation 13 of any kind by the state or any political subdivision of the 14 state. 15 Sec. 38. Section 261A.45, Code 2017, is amended to read as 16 follows: 17 261A.45 Obligations issued to acquire federally guaranteed 18 securities. 19 1. The authority may finance the cost of a project, refund 20 outstanding indebtedness, or reimburse advances from an 21 endowment or similar fund of an institution as authorized by 22 this division subchapter , by issuing its obligations pursuant 23 to a plan of financing involving the acquisition of a federally 24 guaranteed security or the acquisition or entering into of 25 commitments to acquire a federally guaranteed security. For 26 the purposes of this section , “federally guaranteed security” 27 means any direct obligation of, or obligation the principal of 28 and interest on which are fully guaranteed or insured by the 29 United States, or an obligation issued by, or the principal 30 of and interest on which are fully guaranteed or insured by 31 any agency or instrumentality of the United States, including 32 without limitation an obligation that is issued pursuant to the 33 National Housing Act, or any successor provision of law. 34 2. The authority may acquire or enter into commitments 35 -28- LSB 2125HC (11) 87 lh/nh 28/ 59
H.F. _____ to acquire a federally guaranteed security and pledge or 1 otherwise use the federally guaranteed security in the 2 manner the authority deems in its best interest to secure or 3 otherwise provide a source of repayment of its obligations 4 issued to finance or refinance a project, or may enter into an 5 appropriate agreement with an institution whereby the authority 6 may make a loan to the institution for the purpose of acquiring 7 or entering into commitments to acquire a federally guaranteed 8 security. An agreement entered into pursuant to this section 9 may contain provisions deemed necessary or desirable by the 10 authority for the security or protection of the authority or 11 the holders of the obligations, except that the authority, 12 prior to making an acquisition, commitment, or loan, shall 13 determine and enter into an agreement with the institution or 14 another appropriate institution to require that the proceeds 15 derived from the acquisition of a federally guaranteed security 16 will be used, directly or indirectly, for the purpose of 17 financing or refinancing a project. 18 3. The obligations issued pursuant to this section shall not 19 exceed in principal amount the cost of financing or refinancing 20 the project as determined by the participating institution 21 and approved by the authority, except that the costs may 22 include, without limitation, all costs and expenses necessary 23 or incidental to the acquisition of or commitment to acquire a 24 federally guaranteed security and to the issuance and obtaining 25 of insurance or guarantee of an obligation issued or incurred 26 in connection with a federally guaranteed security. In other 27 respects the bonds are subject to this division subchapter , and 28 the trust agreement creating the bonds may contain provisions 29 set forth in this division subchapter as the authority deems 30 appropriate. 31 4. If a project is financed or refinanced pursuant to 32 this section , the title to the project shall remain in the 33 participating institution owning the project, subject to the 34 lien of a mortgage or security interest securing, directly or 35 -29- LSB 2125HC (11) 87 lh/nh 29/ 59
H.F. _____ indirectly, the federally guaranteed securities being purchased 1 or to be purchased. 2 Sec. 39. Section 274.6, Code 2017, is amended to read as 3 follows: 4 274.6 Names. 5 School corporations shall be designated as follows: 6 1. The independent school district of (naming city, 7 township, or village, and if there are two or more districts 8 therein, including some appropriate name or number), in the 9 county of (naming county), state of Iowa ; or, the . 10 2. The consolidated school district of (some appropriate 11 name or number), in the county of (naming county), state of 12 Iowa ; or, the . 13 3. The community school district of (some appropriate 14 name), in the county (or counties) of (naming county or 15 counties), state of Iowa ; or, the . 16 4. The (some appropriate name) community school district, 17 in the county (or counties) of (naming county or counties), 18 state of Iowa. 19 Sec. 40. Section 275.4, Code 2017, is amended to read as 20 follows: 21 275.4 Studies, surveys, and plans. 22 1. a. In developing studies and surveys the area education 23 agency board shall consult with the officials of school 24 districts in the area and other citizens, and shall from time 25 to time hold public hearings, and may employ such research and 26 other assistance as it may determine reasonably necessary in 27 order to properly carry on its survey and prepare definite 28 plans of reorganization. 29 b. In addition, the area education agency board shall 30 consult with the director of the department of education in 31 the development of surveys and plans. The director of the 32 department of education shall provide assistance to the area 33 education agency boards as requested and shall advise the area 34 education agency boards concerning plans of contiguous area 35 -30- LSB 2125HC (11) 87 lh/nh 30/ 59
H.F. _____ education agencies and the reorganization policies adopted by 1 the state board of education. 2 2. Completed plans shall be transmitted by the area 3 education agency board to the director of the department of 4 education. 5 Sec. 41. Section 279.19, Code 2017, is amended to read as 6 follows: 7 279.19 Probationary period. 8 1. The first three consecutive years of employment of 9 a teacher in the same school district are a probationary 10 period. However, if the teacher has successfully completed a 11 probationary period of employment for another school district 12 located in Iowa, the probationary period in the current 13 district of employment shall not exceed one year. A board of 14 directors may waive the probationary period for any teacher who 15 previously has served a probationary period in another school 16 district and the board may extend the probationary period for 17 an additional year with the consent of the teacher. 18 2. a. In the case of the termination of a probationary 19 teacher’s contract, the provisions of sections 279.15 and 20 279.16 shall apply. However, if the probationary teacher is a 21 beginning teacher who fails to demonstrate competence in the 22 Iowa teaching standards in accordance with chapter 284 , the 23 provisions of sections 279.17 and 279.18 shall also apply. 24 b. The board’s decision shall be final and binding unless 25 the termination was based upon an alleged violation of a 26 constitutionally guaranteed right of the teacher or an alleged 27 violation of public employee rights of the teacher under 28 section 20.10 . 29 3. Notwithstanding any provision to the contrary, the 30 grievance procedures of section 20.18 relating to job 31 performance or job retention shall not apply to a teacher 32 during the first two years of the teacher’s probationary 33 period. However, this paragraph subsection shall not apply to 34 a teacher who has successfully completed a probationary period 35 -31- LSB 2125HC (11) 87 lh/nh 31/ 59
H.F. _____ in a school district in Iowa. 1 Sec. 42. Section 279.21, Code 2017, is amended to read as 2 follows: 3 279.21 Principals. 4 1. The board of directors of a school district may employ 5 principals, under the provisions of section 279.23 . A 6 principal shall hold a current valid principal’s certificate. 7 Notwithstanding the provisions of section 279.23 , after serving 8 at least nine months, a principal may be employed for a term of 9 not to exceed two years. 10 2. a. The principal, under the supervision of the 11 superintendent of the school district and pursuant to rules 12 and policies of the board of directors of the school district, 13 shall be responsible for administration and operation of the 14 attendance center to which the principal is assigned. 15 b. The principal shall, pursuant to the policies adopted by 16 the board of directors of the school district, be responsible 17 for the planning, management, operation, and evaluation of the 18 educational program offered at the attendance center to which 19 the principal is assigned and shall submit recommendations 20 to the superintendent regarding the appointment, assignment, 21 promotion, transfer , and dismissal of all personnel assigned to 22 the attendance center. The principal shall perform such other 23 duties as may be assigned by the superintendent. 24 c. For purposes of this section and sections 279.23 , 25 279.23A , 279.24 , and 279.25 , the term “principal” includes 26 school principals, associate principals, and assistant 27 principals. 28 Sec. 43. Section 280.19A, Code 2017, is amended to read as 29 follows: 30 280.19A Alternative options education programs —— disclosure 31 of records. 32 1. By January 15, 1995, each school district shall adopt 33 a plan to provide alternative options education programs to 34 students who are either at risk of dropping out or have dropped 35 -32- LSB 2125HC (11) 87 lh/nh 32/ 59
H.F. _____ out. An alternative options education program may be provided 1 in a district, through a sharing agreement with a school in a 2 contiguous district, or through an areawide program available 3 at the community college serving the merged area in which 4 the school district is located. Each area education agency 5 shall provide assistance in establishing a plan to provide 6 alternative education options to students attending a public 7 school in a district served by the agency. 8 2. If a district has not adopted a plan as required in this 9 section and implemented the plan by January 15, 1996, the area 10 education agency serving the district shall assist the district 11 with developing a plan and an alternative options education 12 program for the pupil. When a plan is developed, the district 13 shall be responsible for the operation of the program and 14 shall reimburse the area education agency for the actual costs 15 incurred by the area education agency under this section . 16 3. Notwithstanding section 22.7, subsection 1 , records 17 kept regarding a student who has participated in a program 18 under this section shall be requested by school officials of 19 a public or nonpublic receiving school in which the student 20 seeks to enroll, and shall be provided by the sending school. 21 A school official who receives information under this section 22 shall disclose this information only to those school officials 23 and employees whose duties require them to be involved with 24 the student. A school official or employee who discloses 25 information received under this section in violation of 26 this paragraph subsection shall be subject to disciplinary 27 action, including but not limited to reprimand, suspension, 28 or termination. “School officials and employees” means those 29 officials and persons employed by a nonpublic school or public 30 school district, and area education agency staff members who 31 provide services to schools or school districts. 32 Sec. 44. Section 282.18, subsection 11, Code 2017, is 33 amended to read as follows: 34 11. A pupil who participates in open enrollment for purposes 35 -33- LSB 2125HC (11) 87 lh/nh 33/ 59
H.F. _____ of attending a grade in grades nine through twelve in a school 1 district other than the district of residence is ineligible to 2 participate in varsity interscholastic athletic contests and 3 athletic competitions during the pupil’s first ninety school 4 days of enrollment in the district except that the pupil may 5 participate immediately in a varsity interscholastic sport if 6 the pupil is entering grade nine for the first time and did 7 not participate in an interscholastic athletic competition for 8 another school or school district during the summer immediately 9 following eighth grade, if the district of residence and the 10 other school district jointly participate in the sport, if the 11 sport in which the pupil wishes to participate is not offered 12 in the district of residence, if the pupil chooses to use open 13 enrollment to attend school in another school district because 14 the district in which the student previously attended school 15 was dissolved and merged with one or more contiguous school 16 districts under section 256.11, subsection 12 , if the pupil 17 participates in open enrollment because the pupil’s district 18 of residence has entered into a whole grade sharing agreement 19 with another district for the pupil’s grade, or if the parent 20 or guardian of the pupil participating in open enrollment is 21 an active member of the armed forces and resides in permanent 22 housing on government property provided by a branch of the 23 armed services, or if the district of residence determines 24 that the pupil was previously subject to a founded incident 25 of harassment or bullying as defined in section 280.28 while 26 attending school in the district of residence. A pupil who 27 has paid tuition and attended school, or has attended school 28 pursuant to a mutual agreement between the two districts, 29 in a district other than the pupil’s district of residence 30 for at least one school year is also eligible to participate 31 immediately in interscholastic athletic contests and athletic 32 competitions under this section , but only as a member of a team 33 from the district that pupil had attended. For purposes of 34 this subsection , “school days of enrollment” does not include 35 -34- LSB 2125HC (11) 87 lh/nh 34/ 59
H.F. _____ enrollment in summer school. For purposes of this subsection , 1 “varsity” means the same as defined in section 256.46 . 2 Sec. 45. Section 306.9, Code 2017, is amended to read as 3 follows: 4 306.9 Diagonal roads —— restoring and improving existing 5 roads. 6 1. It is the policy of the state of Iowa that relocation 7 of primary highways through cultivated land shall be avoided 8 to the maximum extent possible. When the volume of traffic 9 for which the road is designed or other conditions, including 10 designation as part of the network of commercial and industrial 11 highways, require relocation, diagonal routes shall be avoided 12 if feasible and prudent alternatives consistent with efficient 13 movement of traffic exist. 14 2. The improvement of two-lane roads shall utilize the 15 existing right-of-way unless alignment or other conditions, 16 including designation as part of the network of commercial 17 and industrial highways, make changes imperative, and when 18 a two-lane road is expanded to a four-lane road, the normal 19 procedure shall be that the additional right-of-way be 20 contiguous to the existing right-of-way unless relocated for 21 compelling reasons, including the need to provide efficient 22 movement of traffic on the network of commercial and industrial 23 highways. This policy does not apply to a highway project for 24 which the corridor has been approved by the state department of 25 transportation and the corridor has been finalized by September 26 1, 1977. 27 3. It is the policy of the state of Iowa that in 28 constructing primary highways designed with four-lane divided 29 roadways, access controls shall be limited to the minimum level 30 necessary, as determined by the department, to ensure the safe 31 and efficient movement of traffic or to comply with federal aid 32 requirements. 33 4. Unless otherwise required by the federal law or 34 regulation, it is also the policy of this state that road use 35 -35- LSB 2125HC (11) 87 lh/nh 35/ 59
H.F. _____ tax fund moneys shall be used to rehabilitate or reconstruct 1 existing roads, streets, and bridges using substantially 2 existing right-of-way. This paragraph subsection does 3 not apply where additional right-of-way is needed for the 4 construction or completion of designated interstate or city 5 routes and highway bypasses or highways designated as part of 6 the network of commercial and industrial highways. 7 Sec. 46. Section 321A.1, subsection 11, Code 2017, is 8 amended to read as follows: 9 11. “Proof of financial responsibility” means proof of 10 ability to respond in damages for liability, on account of 11 accidents occurring subsequent to the effective date of the 12 proof, arising out of the ownership, maintenance, or use of a 13 motor vehicle, in amounts as follows: 14 a. With respect to accidents occurring on or after January 15 1, 1981, and prior to January 1, 1983, the amount of fifteen 16 thousand dollars because of bodily injury to or death of one 17 person in any one accident, and, subject to the limit for one 18 person, the amount of thirty thousand dollars because of bodily 19 injury to or death of two or more persons in any one accident, 20 and the amount of ten thousand dollars because of injury to 21 or destruction of property of others in any one accident ; and 22 with . 23 b. With respect to accidents occurring on or after January 24 1, 1983, the amount of twenty thousand dollars because of 25 bodily injury to or death of one person in any one accident, 26 and, subject to the limit for one person, the amount of forty 27 thousand dollars because of bodily injury to or death of 28 two or more persons in any one accident, and the amount of 29 fifteen thousand dollars because of injury to or destruction of 30 property of others in any one accident. 31 Sec. 47. Section 327G.79, Code 2017, is amended to read as 32 follows: 33 327G.79 Valuing property in controversy. 34 1. The department of inspections and appeals’ determination 35 -36- LSB 2125HC (11) 87 lh/nh 36/ 59
H.F. _____ and order shall be just and equitable and in the case of the 1 determination of the fair market value of the property, shall 2 be based in part upon at least three independent appraisals 3 prepared by certified appraisers. Each party shall select one 4 appraiser and each appraisal shall be paid for by the party 5 for whom the appraisal is prepared. The two appraisers shall 6 select a third appraiser and the costs of this appraisal shall 7 be divided equally between the parties. If the appraisers 8 selected by the parties cannot agree on selection of a third 9 appraiser, the state department of transportation shall appoint 10 a third appraiser and the costs of this appraisal shall be 11 divided equally between the parties. 12 2. The department of inspections and appeals’ determination 13 and order is final for the purpose of administrative review to 14 the district court as provided in chapter 17A . The district 15 court’s scope of review shall be confined to whether there is 16 substantial evidence to support the department of inspections 17 and appeals’ determination and order. 18 3. For purposes of this division subchapter , unless the 19 context otherwise requires, “department” means the state 20 department of transportation. 21 Sec. 48. Section 331.210A, subsection 2, paragraph e, 22 subparagraphs (1) and (2), Code 2017, are amended to read as 23 follows: 24 (1) The plan approved by the board of supervisors shall 25 be submitted to the state commissioner of elections for 26 approval. If the state commissioner or the Iowa ethics and 27 campaign disclosure board finds that the plan does not meet 28 the standards of section 42.4 , the state commissioner shall 29 reject the plan, and the board of supervisors shall direct the 30 commission to prepare and adopt an acceptable plan. 31 (2) For purposes of determining whether the standards 32 of section 42.4 have been met, an eligible elector may 33 file a complaint with the state commissioner of elections 34 within fourteen days after a plan is approved by the board 35 -37- LSB 2125HC (11) 87 lh/nh 37/ 59
H.F. _____ of supervisors of the county in which the eligible elector 1 resides, on a form prescribed by the commissioner, alleging 2 that the plan was drawn for improper political reasons as 3 described in section 42.4, subsection 5 . If a complaint is 4 filed with the state commissioner of elections, the state 5 commissioner shall forward the complaint to the Iowa ethics and 6 campaign disclosure board established in section 68B.32 for 7 resolution. 8 Sec. 49. Section 331.756, subsection 15, Code 2017, is 9 amended to read as follows: 10 15. Review the report and recommendations of the Iowa ethics 11 and campaign disclosure board and proceed to institute the 12 recommended actions or advise the board that prosecution is not 13 merited, as provided in sections 68B.32C and 68B.32D . 14 Sec. 50. Section 355.7A, subsection 14, Code 2017, is 15 amended to read as follows: 16 14. The acreage shall be shown for each parcel or tract 17 included in a retracement plat of survey to the nearest 18 one-hundredth of an acre. If a parcel or tract described 19 as part of the United States public land survey system and 20 not entirely within an official plat lies within more than 21 one forty-acre aliquot part of a section, the acreage shall 22 be shown only for assessment and taxation purposes for each 23 portion of the parcel that lies within each forty-acre aliquot 24 part. The surveyor shall not be required to establish the 25 location of the forty-acre aliquot line by survey but is 26 required to use reasonable assumptions in determining its 27 approximate location for assessment and taxation purposes. If 28 appropriate, areas of parcels or tracts of less than one acre 29 may be expressed in square feet to the nearest ten square feet. 30 Sec. 51. Section 400.15, Code 2017, is amended to read as 31 follows: 32 400.15 Appointing powers. 33 1. All appointments or promotions to positions within the 34 scope of this chapter other than those of chief of police and 35 -38- LSB 2125HC (11) 87 lh/nh 38/ 59
H.F. _____ chief of fire department shall be made: 1 a. In cities under the commission form of government, by 2 the superintendents of the respective departments, with the 3 approval of the city council ; in . 4 b. In cities under the city manager plan, by the city 5 manager ; in . 6 c. In all other cities with the approval of the city 7 council , and in . 8 d. In the police and fire departments by the chiefs of the 9 respective departments. 10 2. All such appointments or promotions shall promptly 11 be reported to the clerk of the commission by the appointing 12 officer. An appointing authority may transfer an employee, 13 other than police officers and fire fighters, from one 14 department to the same civil service classification in another 15 department, and such employee shall retain the same civil 16 service status. 17 Sec. 52. Section 400.21, Code 2017, is amended to read as 18 follows: 19 400.21 Notice of appeal. 20 If the appeal be taken by the person suspended, demoted, 21 or discharged, notice thereof, signed by the appellant and 22 specifying the ruling appealed from, shall be filed with 23 the clerk of the commission; if by the person making such 24 suspension, demotion, or discharge, such notice shall also be 25 served upon the person suspended, demoted, or discharged. 26 Sec. 53. Section 403.9, subsection 3, paragraph a, Code 27 2017, is amended to read as follows: 28 a. Bonds issued under this section shall be authorized by 29 resolution or ordinance of the local governing body and may be 30 issued in one or more series and shall bear such date or dates, 31 be payable upon demand or mature at such time or times, bear 32 interest at such rate or rates not exceeding that permitted by 33 chapter 74A , be in such denomination or denominations, be in 34 such form either coupon or registered, carry such conversion 35 -39- LSB 2125HC (11) 87 lh/nh 39/ 59
H.F. _____ or registration privileges, have such rank or priority, be 1 executed in such manner, be payable in such medium of payment, 2 at such place or places, and be subject to such terms of 3 redemption, with or without premium, be secured in such manner, 4 and have such other characteristics, as may be provided by 5 such resolution or trust indenture or mortgage issued pursuant 6 thereto. 7 Sec. 54. Section 437.9, Code 2017, is amended to read as 8 follows: 9 437.9 County assessment —— certification. 10 The department of revenue shall, for the purpose of 11 determining what amount shall be assessed to any one of said 12 the companies in each county of the state into which the 13 line or lines of the company extend, multiply the assessed 14 or taxable value per mile of line of said the company, as 15 ascertained according to the provisions of this chapter , by 16 the number of miles of line in each of said the counties, and 17 the result thereof shall be by the department certified by the 18 department to the several county auditors of the respective 19 counties into, over, or through which said the line or lines 20 extend. 21 Sec. 55. Section 437A.1, Code 2017, is amended to read as 22 follows: 23 437A.1 Classification of chapter. 24 The provisions of this chapter are classified and designated 25 as follows: 26 1. Subchapter I Introductory Provisions. 27 2. Subchapter II Generation, Transmission, and Delivery 28 Taxes. 29 3. Subchapter III Statewide Property Tax. 30 4. Subchapter IV General Provisions. 31 Sec. 56. Section 455B.381, unnumbered paragraph 1, Code 32 2017, is amended to read as follows: 33 As used in this part 4 of division IV, unless the context 34 otherwise requires: 35 -40- LSB 2125HC (11) 87 lh/nh 40/ 59
H.F. _____ Sec. 57. Section 455B.474, subsection 2, paragraph a, 1 subparagraph (1), Code 2017, is amended to read as follows: 2 (1) (a) Financial responsibility required by this 3 subsection may be established in accordance with rules adopted 4 by the commission by any one, or any combination, of the 5 following methods: insurance, guarantee, surety bond, letter 6 (i) Insurance. 7 (ii) Guarantee. 8 (iii) Letter of credit , or qualification . 9 (iv) Qualification as a self-insurer. 10 (b) In adopting requirements under this subsection , the 11 commission may specify policy or other contractual terms, 12 conditions, or defenses which are necessary or are unacceptable 13 in establishing the evidence of financial responsibility. 14 Sec. 58. Section 455B.474, subsection 3, paragraph c, Code 15 2017, is amended to read as follows: 16 c. The material used in the construction or lining of 17 the tank is compatible with the substance to be stored. 18 If soil tests conducted in accordance with ASTM (American 19 society for testing and materials) international’s standard 20 G57-78 or another standard approved by the commission show 21 that soil resistivity in an installation location is twelve 22 thousand ohm/cm or more (unless , unless a more stringent soil 23 resistivity standard is adopted by rule of the commission) 24 commission , a storage tank without corrosion protection may 25 be installed in that location until the effective date of the 26 standards adopted by the commission and after January 1, 1986. 27 Sec. 59. Section 461A.25, Code 2017, is amended to read as 28 follows: 29 461A.25 Leases and easements. 30 1. The commission may recommend that the executive council 31 lease property under the commission’s jurisdiction. All leases 32 shall reserve to the public of the state the right to enter 33 upon the property leased for any lawful purpose. The council 34 may, if it approves the recommendation and the lease to be 35 -41- LSB 2125HC (11) 87 lh/nh 41/ 59
H.F. _____ entered into is for five years or less, execute the lease in 1 behalf of the state and commission. If the recommendation 2 is for a lease in excess of five years, with the exception 3 of agricultural lands specifically dealt with in Article I, 4 section 24 of the Constitution of the State of Iowa, the 5 council shall advertise for bids. If a bid is accepted, the 6 lease shall be let or executed by the council in accordance 7 with the most desirable bid. The lease shall not be executed 8 for a term longer than fifty years. Any such leasehold 9 interest, including any improvements placed on it, shall be 10 listed on the tax rolls as provided in chapters 428 and 443 ; 11 and assessed and valued as provided in chapter 441 ; taxes shall 12 be levied on it as provided in chapter 444 and collected as 13 provided in chapter 445 ; and the leasehold interest is subject 14 to tax sale, redemption, and apportionment of taxes as provided 15 in chapters 446 , 447 and 448 . The lessee shall discharge and 16 pay all taxes. 17 2. The commission shall adopt rules providing for granting 18 easements to political subdivisions and utility companies 19 on state land under the jurisdiction of the department. 20 An applicant for an easement shall provide the director 21 with information setting forth the need for the easement, 22 availability of alternatives, and measures proposed to prevent 23 or minimize adverse impacts on the affected property. An 24 easement shall be executed by the director, approved as to form 25 by the attorney general, and if granted for a term longer than 26 five years, approved by the commission. 27 3. For the purposes of this section , property under the 28 commission’s jurisdiction does not include an area of the bed 29 of a lake or river occupied by a dock or other appurtenance or 30 means of access to a dock, including but not limited to boat 31 hoists and boat slips, or occupied by a boat ramp, constructed 32 or installed and maintained under littoral or riparian rights. 33 Sec. 60. Section 515.24, Code 2017, is amended to read as 34 follows: 35 -42- LSB 2125HC (11) 87 lh/nh 42/ 59
H.F. _____ 515.24 Tax —— computation. 1 For the purpose of determining the basis of any tax upon 2 the “gross amount of premiums” gross amount of premiums , or 3 “gross receipts from premiums, assessments, fees, and promissory 4 obligations” gross receipts from premiums, assessments, fees, 5 and promissory obligations , now or hereafter imposed upon 6 any fire or casualty insurance company under any law of this 7 state, such gross amount or gross receipts shall consist of 8 the gross written premiums or receipts for direct insurance, 9 without including or deducting any amounts received or paid 10 for reinsurance except that any company reinsuring windstorm 11 or hail risks written by county mutual insurance associations 12 shall be required to pay as a tax the applicable percent 13 provided in section 432.1 , calculated upon the gross amount 14 of reinsurance premiums received upon such risks, but with 15 such other deductions as provided by law, and in addition 16 deducting any so-called dividend or return of savings or gains 17 to policyholders; provided that as to any deposits or deposit 18 premiums received by any such company, the taxable premiums 19 shall be the portion of such deposits or deposit premiums 20 earned during the year with such deductions therefrom as 21 provided by law. 22 Sec. 61. Section 515.48, subsection 1, paragraph a, 23 subparagraphs (1), (2), (3), (4), (5), (6), and (7), Code 2017, 24 are amended to read as follows: 25 (1) Explosion of pressure vessels, not including steam 26 boilers of more than fifteen pounds pressure, in buildings 27 designed and used solely for residential purposes by not more 28 than four families ; . 29 (2) Explosion of any kind originating outside of the insured 30 building or outside of the building containing the property 31 insured ; and . 32 (3) Explosion of pressure vessels which do not contain steam 33 or which are not operated with steam coils or steam jackets ; 34 and . 35 -43- LSB 2125HC (11) 87 lh/nh 43/ 59
H.F. _____ (4) Loss or damage by insects or disease to farm crops or 1 products, and loss of rental value of land used in producing 2 such crops or products ; and . 3 (5) Accidental injury to sprinklers, pumps, water pipes, 4 elevator tanks and cylinders, steam pipes and radiators, 5 plumbing and its fixtures, ventilating, refrigerating, heating, 6 lighting , or cooking apparatus, or their connections, or 7 conduits or containers of any gas, fluid , or other substance ; 8 and . 9 (6) Loss or damage to property of the insured caused by the 10 breakage or leakage or by water, hail, rain, sleet, or snow 11 seeping or entering through water pipes, leaks, or openings in 12 buildings ; and . 13 (7) Loss of and damage to glass, including lettering and 14 ornamentation thereon, and against loss or damage caused by the 15 breakage of glass ; and . 16 Sec. 62. Section 522B.11, subsection 7, paragraph b, Code 17 2017, is amended to read as follows: 18 b. The general assembly declares that the holding of 19 Langwith v. Am. Nat’l Gen. Ins. Co. , (No. 08-0778) 793 20 N.W. 2d 215 (Iowa 2010) is abrogated to the extent that it 21 overrules Sandbulte and imposes higher or greater duties and 22 responsibilities on insurance producers than those set forth 23 in Sandbulte . 24 Sec. 63. Section 523I.316, subsection 2, Code 2017, is 25 amended to read as follows: 26 2. Disturbance of interment spaces —— penalty. A person who 27 knowingly and without authorization damages, defaces, destroys, 28 or otherwise disturbs an interment space commits criminal 29 mischief in the third degree under section 716.5 . Criminal 30 mischief in the third degree is an aggravated misdemeanor. 31 Sec. 64. Section 554.7304, subsection 5, Code 2017, is 32 amended to read as follows: 33 5. The bailee shall deliver in accordance with Part part 4 34 against the first presented part of a tangible bill of lading 35 -44- LSB 2125HC (11) 87 lh/nh 44/ 59
H.F. _____ lawfully issued in a set. Delivery in this manner discharges 1 the bailee’s obligation on the whole bill. 2 Sec. 65. Section 554.7503, subsection 3, Code 2017, is 3 amended to read as follows: 4 3. Title to goods based upon a bill of lading issued to 5 a freight forwarder is subject to the rights of any person 6 to which a bill issued by the freight forwarder is duly 7 negotiated. However, delivery by the carrier in accordance 8 with Part part 4 pursuant to its own bill of lading discharges 9 the carrier’s obligation to deliver. 10 Sec. 66. Section 554.8102, subsection 1, paragraph q, Code 11 2017, is amended to read as follows: 12 q. “Security entitlement” means the rights and property 13 interest of an entitlement holder with respect to a financial 14 asset specified in Part part 5 . 15 Sec. 67. Section 554.8104, subsection 3, Code 2017, is 16 amended to read as follows: 17 3. A person who acquires a security entitlement to a 18 security or other financial asset has the rights specified 19 in Part part 5 , but is a purchaser of any security, security 20 entitlement, or other financial asset held by the securities 21 intermediary only to the extent provided in section 554.8503 . 22 Sec. 68. Section 554.9805, subsection 5, Code 2017, is 23 amended to read as follows: 24 5. Application of Part part 5. A financing statement that 25 includes a financing statement filed before July 1, 2013, 26 and a continuation statement filed on or after July 1, 2013, 27 is effective only to the extent that the financing statement 28 satisfies the requirements of Part part 5 , as amended by 29 2012 Acts, ch. 1052 , for an initial financing statement. 30 A financing statement that indicates that the debtor is a 31 decedent’s estate indicates that the collateral is being 32 administered by a personal representative within the meaning 33 of section 554.9503, subsection 1 , paragraph “b” , as amended by 34 2012 Acts, ch. 1052 . A financing statement that indicates that 35 -45- LSB 2125HC (11) 87 lh/nh 45/ 59
H.F. _____ the debtor is a trust or is a trustee acting with respect to 1 property held in trust indicates that the collateral is held in 2 a trust within the meaning of section 554.9503, subsection 1 , 3 paragraph “c” , as amended by 2012 Acts, ch. 1052 . 4 Sec. 69. Section 554.9806, subsection 3, paragraph a, Code 5 2017, is amended to read as follows: 6 a. satisfy the requirements of Part part 5 , as amended by 7 2012 Acts, ch. 1052 , for an initial financing statement; 8 Sec. 70. Section 554.13501, subsection 5, Code 2017, is 9 amended to read as follows: 10 5. If the lease agreement covers both real property and 11 goods, the party seeking enforcement may proceed under this 12 Part part as to the goods, or under other applicable law as to 13 both the real property and the goods in accordance with that 14 party’s rights and remedies in respect of the real property, in 15 which case this Part part does not apply. 16 Sec. 71. Section 820.23, Code 2017, is amended to read as 17 follows: 18 820.23 Application for extradition. 19 1. When the return to this state of a person charged with 20 crime in this state is required, the prosecuting attorney shall 21 present to the governor the prosecuting attorney’s written 22 application for a requisition for the return of the person 23 charged, in which application shall be stated the name of the 24 person so charged, the crime charged against the person, the 25 approximate time, place and circumstances of its commission, 26 the state in which the person is believed to be, including the 27 location of the accused therein at the time the application 28 is made and certifying that, in the opinion of the said 29 prosecuting attorney the ends of justice require the arrest 30 and return of the accused to this state for trial and that the 31 proceeding is not instituted to enforce a private claim. 32 2. When the return to this state is required of a person 33 who has been convicted of a crime in this state and has escaped 34 from confinement or broken the terms of the person’s bail, 35 -46- LSB 2125HC (11) 87 lh/nh 46/ 59
H.F. _____ probation , or parole, the prosecuting attorney of the county 1 in which the offense was committed, the parole board, or the 2 warden of the institution or sheriff of the county, from which 3 escape was made, shall present to the governor a written 4 application for a requisition for the return of such person, 5 in which application shall be stated the name of the person, 6 the crime of which the person was convicted, the circumstances 7 of the person’s escape from confinement or of the breach of the 8 terms of the person’s bail, probation , or parole, the state in 9 which the person is believed to be, including the location of 10 the person therein at the time application is made. 11 3. The application shall be verified by affidavit, shall be 12 executed in duplicate and shall be accompanied by two certified 13 copies of the indictment returned, or information and affidavit 14 filed, or of the complaint made to the judge or magistrate, 15 stating the offense with which the accused is charged, or of 16 the judgment of conviction or of the sentence. The prosecuting 17 officer, parole board, warden , or sheriff may also attach such 18 further affidavits and other documents in duplicate as the 19 prosecuting officer, parole board, warden , or sheriff shall 20 deem proper to be submitted with such application. One copy 21 of the application, with the action of the governor indicated 22 by endorsement thereon, and one of the certified copies of the 23 indictment, complaint, information, and affidavits or of the 24 judgment of conviction or of the sentence shall be filed in 25 the office of the governor to remain of record in that office. 26 The other copies of all papers shall be forwarded with the 27 governor’s requisition. 28 DIVISION II 29 CORRESPONDING CHANGES 30 Sec. 72. Section 232.103, subsection 7, Code 2017, is 31 amended to read as follows: 32 7. With respect to a temporary transfer order made pursuant 33 to section 232.102, subsection 4 5 , if the court finds that 34 removal of a child from the Iowa juvenile home is necessary 35 -47- LSB 2125HC (11) 87 lh/nh 47/ 59
H.F. _____ to safeguard the child’s physical or emotional health and is 1 in the best interests of the child, the court shall grant 2 the director’s motion for a new dispositional order to place 3 the child in a facility which has been designated to be an 4 alternative placement site for the juvenile home. 5 Sec. 73. Section 232.104, subsection 1, paragraph a, 6 subparagraph (2), Code 2017, is amended to read as follows: 7 (2) For an order entered under section 232.102 , for which 8 the court has waived reasonable efforts requirements under 9 section 232.102, subsection 12 14 , the permanency hearing shall 10 be held within thirty days of the date the requirements were 11 waived. 12 Sec. 74. Section 232.182, subsection 5, unnumbered 13 paragraph 1, Code 2017, is amended to read as follows: 14 After the hearing is concluded, the court shall make and 15 file written findings as to whether reasonable efforts, as 16 defined in section 232.102, subsection 10 12 , have been made 17 and whether the voluntary foster family care placement is in 18 the child’s best interests. 19 Sec. 75. Section 234.6, subsection 1, paragraph e, 20 subparagraph (3), Code 2017, is amended to read as follows: 21 (3) Family-centered services, as defined in section 22 232.102, subsection 10 12 , paragraph “b” . 23 DIVISION III 24 CODE EDITOR DIRECTIVES 25 Sec. 76. CODE EDITOR DIRECTIVES. 26 1. Sections 502.510, 514B.17A, and 654.17, Code 2017, are 27 amended by striking the word “recision” and inserting in lieu 28 thereof the word “rescission”. 29 2. Sections 15.318, subsection 4; 15.354, subsection 5; 30 29C.3, subsection 3; 29C.6, subsection 1; 144.13, subsection 31 4, paragraph “c”; 202C.2, subsection 4; 252A.3A, subsections 32 6, 7, 8, and 12; 489.111, subsection 4; 490.732, subsection 3; 33 502.202, subsection 19; 502.603, subsection 2, paragraph “b”, 34 subparagraph (3); 508E.10, subsection 3; 523A.602, subsection 35 -48- LSB 2125HC (11) 87 lh/nh 48/ 59
H.F. _____ 1, paragraph “b”, unnumbered paragraph 1; 523A.602, subsection 1 1, paragraph “c”; 535.17, subsection 5, paragraph “f”; 551A.3, 2 subsection 3, paragraph “c”, subparagraph (15), subparagraph 3 division (b); 551A.8, subsection 1; 558.71, subsection 3; 4 and 714F.4, subsection 1, Code 2017, are amended by striking 5 the word “recision” and inserting in lieu thereof the word 6 “rescission”. 7 3. Sections 15E.41, 15E.42, 15E.67, 15E.69, 15E.71, 8 15E.201, 15E.204, 15E.211, 15E.301, 15E.302, 124.404, 124.550, 9 124.557, 124.558, 125.75A, 125.77, 125.90, 135B.19, 135B.21, 10 135B.23, 135B.24, 135B.31, 261.42, 261A.33, 261A.35, 261A.36, 11 261A.39, 261A.40, 261A.41, 261A.44, 261A.46, 261A.47, 261A.48, 12 261A.49, 261A.50, 266.41, 266.42, 266.46, 327G.1, 327G.61, 13 427B.22, 515F.30, 515F.33, 515F.37, 515F.38, 904.704, 904.806, 14 904.812, and 904.907, Code 2017, are amended by striking 15 the word “division” and inserting in lieu thereof the word 16 “subchapter”. 17 4. Sections 15E.43, subsection 6; 15E.46, subsections 18 1 and 3; 15E.61, subsection 2, unnumbered paragraph 1; 19 15E.62, unnumbered paragraph 1; 15E.62, subsection 5; 15E.63, 20 subsections 1 and 9; 15E.64, subsections 1, 3, 4, and 7; 21 15E.66, subsections 2, 4, and 6; 15E.72, subsection 3, 22 paragraph “a”; 15E.72, subsection 4, paragraph “a”; 15E.72, 23 subsection 5, paragraph “a”; 15E.72, subsection 7; 15E.72, 24 subsection 11, unnumbered paragraph 1; 15E.202, unnumbered 25 paragraph 1; 15E.202, subsection 11; 15E.203, subsections 26 2 and 3; 15E.206, subsection 3, paragraph “b”; 15E.207, 27 unnumbered paragraph 1; 15E.207, subsection 2, paragraph “b”, 28 subparagraph (3); 15E.208, subsection 3, unnumbered paragraph 29 1; 15E.208, subsection 3, paragraph “b”, subparagraph (2), 30 subparagraph divisions (c), (d), and (e); 15E.208, subsection 31 5, paragraph “d”, unnumbered paragraph 1; 15E.208, subsection 32 6, paragraph “a”; 15E.303, unnumbered paragraph 1; 15E.362, 33 subsection 1, unnumbered paragraph 1; 15E.362, subsection 1, 34 paragraph “d”; 124.101, subsection 5; 124.201, subsection 1, 35 -49- LSB 2125HC (11) 87 lh/nh 49/ 59
H.F. _____ paragraph “h”; 124.302, subsection 2; 124.303, subsection 3; 1 124.402, subsection 1, paragraph “a”; 124.551, subsection 1; 2 124.553, subsections 3 and 5; 124.554, subsection 1, unnumbered 3 paragraph 1; 125.89, subsection 2; 125.92, unnumbered paragraph 4 1; 135B.20, unnumbered paragraph 1; 261.9, subsection 7; 5 261.15, subsection 2; 261.35, unnumbered paragraph 1; 261.36, 6 unnumbered paragraph 1; 261.37, unnumbered paragraph 1; 7 261.37, subsections 5 and 7; 261.87, subsection 1, unnumbered 8 paragraph 1; 261.102, subsection 7; 261A.32, subsection 3; 9 261A.34, unnumbered paragraph 1; 261A.34, subsections 1 and 10 2; 261A.42, subsections 2 and 4; 266.40, unnumbered paragraph 11 1; 266.47, subsection 1, paragraph “a”, subparagraph (1); 12 372.1, subsections 2 and 3; 427B.19A, subsection 1; 427B.20, 13 subsection 1, unnumbered paragraph 1; 491.111, subsection 1, 14 paragraph “b”, subparagraph (3); 515F.31, unnumbered paragraph 15 1; 904.801, unnumbered paragraph 1; and 904.802, unnumbered 16 paragraph 1, Code 2017, are amended by striking the word 17 “division” and inserting in lieu thereof the word “subchapter”. 18 5. Section 515F.3, subsection 2, unnumbered paragraph 1, 19 Code 2017, is amended by striking the word “divisions” and 20 inserting in lieu thereof the word “subchapters”. 21 6. The Code editor shall change Code chapter division 22 designations to subchapter designations and correct internal 23 references as necessary in the following Code chapters: 24 a. 15E. 25 b. 124. 26 c. 125. 27 d. 135B. 28 e. 261. 29 f. 261A. 30 g. 266. 31 h. 327G. 32 i. 368. 33 j. 372. 34 k. 427B. 35 -50- LSB 2125HC (11) 87 lh/nh 50/ 59
H.F. _____ l. 491. 1 m. 507C. 2 n. 515F. 3 o. 524. 4 p. 904. 5 7. The Code editor shall change the Code chapter division 6 designations to article designations and correct internal 7 references as necessary in the following Code chapter: 8 a. 562B. 9 8. The Code editor shall designate unnumbered Code 10 chapter headings as numbered subchapters and correct internal 11 references as necessary within the following Code chapters: 12 a. 2. 13 b. 8. 14 c. 8B. 15 d. 11. 16 e. 29B. 17 f. 100. 18 g. 135C. 19 h. 192. 20 i. 226. 21 j. 275. 22 k. 306. 23 l. 306A. 24 9. The Code editor is directed to number unnumbered 25 paragraphs within sections 1.4, 8A.373, 12.44, 20.26, 28E.39, 26 29A.10, 29A.18, 29A.34, 29A.58, 29A.79, 29B.2, 29B.27, 29B.32, 27 29B.33, 29B.39, 29B.44, 29B.45, 29B.59, 29B.67, 29B.68, 29B.71, 28 29B.77, 29B.120, 37.20, 43.52, 43.88, 43.100, 43.111, 43.115, 29 50.11, 50.22, 59.1, 65.10, 73A.15, 80B.15, 85.43, 86.10, 30 86.12, 86.13A, 88A.2, 97B.66, 99A.6, 99D.8, 100.35, 103A.12, 31 103A.13,