Senate Study Bill 1132 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON ZAUN) A BILL FOR An Act relating to statutory corrections which may adjust 1 language to reflect current practices, insert earlier 2 omissions, delete redundancies and inaccuracies, delete 3 temporary language, resolve inconsistencies and conflicts, 4 update ongoing provisions, or remove ambiguities, and 5 including effective date provisions. 6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 7 TLSB 2124SC (1) 87 lh/rj
S.F. _____ DIVISION I 1 MISCELLANEOUS CHANGES 2 Section 1. Section 2.48, subsection 3, paragraph d, 3 subparagraph (2), Code 2017, is amended to read as follows: 4 (2) Historic preservation and cultural and entertainment 5 district tax credits under chapter 404A . 6 Sec. 2. Section 2.48, subsection 3, paragraph h, Code 2017, 7 is amended by striking the paragraph. 8 Sec. 3. Section 7A.1, Code 2017, is amended to read as 9 follows: 10 7A.1 Official reports —— preparation. 11 1. State officials, boards, commissions, and heads of 12 departments shall prepare and file written official reports, in 13 simple language and in the most concise form consistent with 14 clearness and comprehensiveness of matter, required by law or 15 by the governor. 16 2. Before filing any report its , the author shall 17 carefully edit the same and the report. The author shall 18 strike therefrom from the report all minutes of proceedings, 19 and all correspondence, petitions, orders, and other matter 20 which can be briefly stated, or which is not important 21 information concerning public affairs, and consolidate so far 22 as practicable all statistical tables. 23 3. Any report failing to comply substantially with this 24 section shall be returned to its author for correction, and 25 until made so to comply shall not be printed. 26 4. This section shall not be construed as depriving the 27 director of the department of administrative services of the 28 right to edit and revise said the report. 29 Sec. 4. Section 7E.3, subsection 5, Code 2017, is amended 30 to read as follows: 31 5. Adults Persons not lawfully present. Unless expressly 32 authorized by federal or state law, ensure that the public 33 benefits administered by the department or independent agency 34 are not provided to persons who are not lawfully present in the 35 -1- LSB 2124SC (1) 87 lh/rj 1/ 94
S.F. _____ United States. 1 Sec. 5. Section 9C.1, Code 2017, is amended to read as 2 follows: 3 9C.1 Definitions —— presumption —— applicability . 4 1. The As used in this chapter, the term “transient 5 merchant” as used herein shall mean and include every merchant, 6 whether an individual person, a firm, corporation, partnership 7 or association, and whether owner, agent, bailee, consignee or 8 employee, who shall bring or cause to be brought within the 9 state of Iowa any goods, wares or merchandise of any kind, 10 nature or description, with the intention of temporarily or 11 intermittently selling or offering to sell at retail such 12 goods, wares or merchandise within the state of Iowa. The term 13 “transient merchant” shall also mean and include every merchant, 14 whether an individual person, a firm, corporation, partnership 15 or an association, who shall by itself, or by agent, consignee 16 or employee temporarily or intermittently engage in or conduct 17 at one or more locations a business within the state of Iowa 18 for the sale at retail of any goods, wares or merchandise of 19 any nature or description. 20 2. A merchant engaging in business shall be presumed to 21 be temporarily or intermittently in business unless it is the 22 intention of such merchant to remain continuously in business 23 at each location where the merchant is engaged in business 24 within the state of Iowa as a merchant for a period of more than 25 sixty days. 26 3. The provisions of this chapter shall not be construed 27 to apply to persons selling at wholesale to merchants, nor to 28 transient vendors of drugs, nor to persons running a huckster 29 wagon, or selling or distributing livestock feeds, fresh meats, 30 fish, fruit, or vegetables, nor to persons selling their own 31 work or production either by themselves or employees. 32 Sec. 6. Section 9C.2, Code 2017, is amended to read as 33 follows: 34 9C.2 License required. 35 -2- LSB 2124SC (1) 87 lh/rj 2/ 94
S.F. _____ It shall be unlawful for any transient merchant as herein 1 defined, to sell, dispose of, or offer for sale any goods, 2 wares or merchandise of any kind, nature or description, at 3 any time or place within the state of Iowa, outside the limits 4 of any city in the state of Iowa, or within the limits of any 5 city in the state of Iowa that has not by ordinance provided 6 for the licensing of transient merchants, unless such transient 7 merchant , as herein defined, shall have has a valid license as 8 herein provided in this chapter and shall have has complied 9 with the regulations herein set forth in this chapter . 10 Sec. 7. Section 9C.3, unnumbered paragraph 1, Code 2017, is 11 amended to read as follows: 12 Any transient merchant as defined herein , desiring a 13 transient merchant’s license shall at least ten days prior 14 to the first day any sale is made, file with the secretary 15 of state of the state of Iowa an application in writing duly 16 verified by the person, firm, corporation, partnership or 17 association proposing to sell or offer to sell at retail any 18 goods, wares or merchandise, or to engage in or conduct a 19 temporary or intermittent business for the sale at retail of 20 any goods, wares or merchandise , which . The application shall 21 state the following facts: 22 Sec. 8. Section 9C.4, Code 2017, is amended to read as 23 follows: 24 9C.4 Bond required —— applicability —— forfeiture. 25 1. At the time and as part of filing said the application 26 and as a part thereof , the applicant shall file with the 27 secretary of state a bond, with sureties to be approved by the 28 secretary of state, in a penal sum two times the value of the 29 goods, wares or merchandise to be sold or offered for sale or 30 the average inventory to be carried by such transient merchant 31 engaged in or conducting an intermittent or temporary business 32 as the case may be as shown by the application, running to the 33 state of Iowa, for the use and benefit of any purchaser of 34 any merchandise from such transient merchant who might have 35 -3- LSB 2124SC (1) 87 lh/rj 3/ 94
S.F. _____ a cause of action of any nature arising from or out of such 1 sale against the applicant or the owner of such merchandise if 2 other than the applicant ; the . The bond to shall be further 3 conditioned on the payment by the applicant of all taxes that 4 may be payable by, or due from, the applicant to the state 5 of Iowa or any subdivision thereof, the bond to and shall be 6 further conditioned for the payment of any fines that may be 7 assessed by any court against the applicant for violation of 8 the provision of this chapter , and further conditioned as well 9 as for the payment and satisfaction of any and all causes of 10 action against the applicant commenced within one year from the 11 date of sale thereof, and arising from such sale , provided, 12 however, that . However, the aggregate liability of the surety 13 for all such taxes, fines , and causes of action shall in no 14 event exceed the principal sum of such bond. 15 2. In such bond the applicant and surety shall appoint the 16 secretary of state, the agent of the applicant and surety for 17 the service of process. In the event of such service, the 18 agent upon whom such service is made shall within five days 19 after the date of service, mail by ordinary mail a true copy of 20 the process served upon the agent to each party for whom the 21 agent is served, addressed to the last known address of such 22 party. Failure to so mail said the copy shall not, however, 23 affect the jurisdiction of the court. 24 3. Such bond shall contain the consent of the applicant 25 and surety that the district court of the county in which 26 the plaintiff may reside or Polk county, Iowa, shall have 27 jurisdiction of all actions against the applicant or surety, 28 or both, arising out of the sale. The state of Iowa, or any 29 subdivision thereof, or any person having a cause of action 30 against the applicant or surety arising out of said sale may 31 join the applicant and surety on such bond in the same action, 32 or may in such action sue either the applicant or the surety 33 alone. 34 4. The requirements of this section also apply to transient 35 -4- LSB 2124SC (1) 87 lh/rj 4/ 94
S.F. _____ merchants who are licensed in accordance with an ordinance of a 1 city in the state of Iowa. 2 5. Notwithstanding the above provisions subsections 1 3 through 4 , the bond provided for in this section shall be 4 forfeited to the state of Iowa upon the applicant’s failure to 5 pay the total of all taxes payable by or due from the applicant 6 to the state which taxes are administered by the department of 7 revenue. The department shall adopt administrative rules for 8 the collection of the forfeiture. Notice shall be provided 9 to the surety and to the applicant. Notice to the applicant 10 shall be mailed to the applicant’s last known address. The 11 applicant or the surety shall have the opportunity to apply 12 to the director of revenue for a hearing within thirty days 13 after the giving of such notice. Upon the failure to timely 14 request a hearing, the bond shall be forfeited. If, after 15 the hearing upon timely request, the director finds that the 16 applicant has failed to pay the total of all taxes payable 17 and the bond is forfeited, the director shall order the bond 18 forfeited. The amount of the forfeiture shall be the amount 19 of taxes payable or the amount of the bond. The surety 20 shall not have standing to contest the amount of any taxes 21 payable. For purposes of this section , “taxes payable” means 22 all tax, penalties, interest, and fees that the department has 23 previously determined to be due by assessment or in an appeal 24 of an assessment. 25 Sec. 9. Section 9E.3, subsection 1, paragraph b, unnumbered 26 paragraph 1, Code 2017, is amended to read as follows: 27 A statement by the applicant that the applicant has good 28 reason to believe any of the following: 29 Sec. 10. Section 9E.3, subsection 3, Code 2017, is amended 30 to read as follows: 31 3. Certification. Upon the filing of a complete 32 application, the secretary shall certify the eligible person 33 as a program participant. A program participant shall be 34 certified for four years following the date the application 35 -5- LSB 2124SC (1) 87 lh/rj 5/ 94
S.F. _____ is certified by the secretary unless the certification is 1 canceled, withdrawn, or invalidated. The secretary shall 2 establish by rule a renewal procedure for recertification. 3 Sec. 11. Section 12.8, subsection 1, Code 2017, is amended 4 to read as follows: 5 1. The treasurer of state shall invest or deposit, subject 6 to chapters 12F , and 12H , and 12J and as provided by law, 7 any of the public funds not currently needed for operating 8 expenses and shall do so upon receipt of monthly notice from 9 the director of the department of administrative services of 10 the amount not so needed. In the event of loss on redemption 11 or sale of securities invested as prescribed by law, and if 12 the transaction is reported to the executive council, neither 13 the treasurer nor director of the department of administrative 14 services is personally liable but the loss shall be charged 15 against the funds which would have received the profits or 16 interest of the investment and there is appropriated from the 17 funds the amount so required. 18 Sec. 12. Section 12.71, subsection 1, Code 2017, is amended 19 to read as follows: 20 1. The treasurer of state may issue bonds upon the request 21 of the vision Iowa board created in section 15F.102 , Code 2016, 22 and do all things necessary with respect to the purposes of the 23 vision Iowa fund. The treasurer of state shall have all of 24 the powers which are necessary to issue and secure bonds and 25 carry out the purposes of the fund. The treasurer of state may 26 issue bonds in principal amounts which, in the opinion of the 27 board, are necessary to provide sufficient funds for the vision 28 Iowa fund created in section 12.72 , the payment of interest 29 on the bonds, the establishment of reserves to secure the 30 bonds, the costs of issuance of the bonds, other expenditures 31 of the treasurer of state incident to and necessary or 32 convenient to carry out the bond issue for the fund, and all 33 other expenditures of the board necessary or convenient to 34 administer the fund; provided, however, excluding the issuance 35 -6- LSB 2124SC (1) 87 lh/rj 6/ 94
S.F. _____ of refunding bonds, bonds issued pursuant to this section shall 1 not be issued in an aggregate principal amount which exceeds 2 three hundred million dollars. The bonds are investment 3 securities and negotiable instruments within the meaning of and 4 for purposes of the uniform commercial code, chapter 554 . 5 Sec. 13. Section 12B.10, subsection 5, paragraph a, 6 subparagraph (7), subparagraph division (a), unnumbered 7 paragraph 1, Code 2017, is amended to read as follows: 8 A joint investment trust organized pursuant to chapter 28E 9 prior to and existing in good standing on the effective date 10 of this Act or a joint investment trust organized pursuant 11 to chapter 28E after April 28, 1992 , provided that the joint 12 investment trust shall be one of the following: 13 Sec. 14. Section 12B.12, Code 2017, is amended to read as 14 follows: 15 12B.12 Duty of examining officer. 16 It shall be the duty of the officer or officers making such 17 a settlement described under section 12B.11 to see that the 18 amount of securities and money produced and counted, together 19 with the amounts so certified by the legally designated 20 depositories, agrees with the balance with which such treasurer 21 should be charged, and the officer shall make a report in 22 writing of any such settlement or examination, and attach 23 thereto the certified statement of all such depositories. 24 Sec. 15. Section 12B.13, Code 2017, is amended to read as 25 follows: 26 12B.13 Report of settlement filed. 27 The report of any such settlement under section 12B.11 with 28 the treasurer of state shall be filed in the office of the 29 director of the department of management , and the . The report 30 of a settlement under section 12B.11 with a county treasurer 31 shall be filed with the auditor of the county. 32 Sec. 16. Section 15F.103, subsection 6, Code 2017, is 33 amended by striking the subsection. 34 Sec. 17. Section 16.28, subsection 2, paragraph b, Code 35 -7- LSB 2124SC (1) 87 lh/rj 7/ 94
S.F. _____ 2017, is amended to read as follows: 1 b. The bondholders or noteholders, to the extent provided 2 in the resolution by which the bonds or notes were issued or 3 in their agreement with the authority, may enforce any of the 4 remedies in paragraph “a” , subparagraphs (1) to through (5) or 5 the remedies provided in those agreements for and on their own 6 behalf. 7 Sec. 18. Section 16.50, subsection 3, paragraph b, 8 subparagraph (1), Code 2017, is amended to read as follows: 9 (1) Projects that are eligible for historic preservation 10 and cultural and entertainment district tax credits under 11 chapter 404A . 12 Sec. 19. Section 17A.6A, subsection 2, paragraph c, Code 13 2017, is amended to read as follows: 14 c. Process forms and instructions for filing a petition 15 for rulemaking pursuant to section 17A.7 , a petition for a 16 declaratory order pursuant to section 17A.9 , or a request 17 petition for a waiver or variance of an administrative rule 18 pursuant to section 17A.9A . 19 Sec. 20. Section 22.1, Code 2017, is amended to read as 20 follows: 21 22.1 Definitions. 22 As used in this chapter: 23 1. The term “government body” “Government body” means this 24 state, or any county, city, township, school corporation, 25 political subdivision, tax-supported district, nonprofit 26 corporation other than a fair conducting a fair event as 27 provided in chapter 174 , whose facilities or indebtedness are 28 supported in whole or in part with property tax revenue and 29 which is licensed to conduct pari-mutuel wagering pursuant to 30 chapter 99D ; the governing body of a drainage or levee district 31 as provided in chapter 468 , including a board as defined in 32 section 468.3 , regardless of how the district is organized; 33 or other entity of this state, or any branch, department, 34 board, bureau, commission, council, committee, official, or 35 -8- LSB 2124SC (1) 87 lh/rj 8/ 94
S.F. _____ officer of any of the foregoing or any employee delegated 1 the responsibility for implementing the requirements of this 2 chapter . 3 2. The term “lawful custodian” “Lawful custodian” means 4 the government body currently in physical possession of 5 the public record. The custodian of a public record in the 6 physical possession of persons outside a government body is 7 the government body owning that record. The records relating 8 to the investment of public funds are the property of the 9 public body responsible for the public funds. Each government 10 body shall delegate to particular officials or employees of 11 that government body the responsibility for implementing the 12 requirements of this chapter and shall publicly announce the 13 particular officials or employees to whom responsibility 14 for implementing the requirements of this chapter has been 15 delegated. “Lawful custodian” does not mean an automated data 16 processing unit of a public body if the data processing unit 17 holds the records solely as the agent of another public body, 18 nor does it mean a unit which holds the records of other public 19 bodies solely for storage. 20 3. a. As used in this chapter , “public records” “Public 21 records” includes all records, documents, tape, or other 22 information, stored or preserved in any medium, of or 23 belonging to this state or any county, city, township, school 24 corporation, political subdivision, nonprofit corporation other 25 than a fair conducting a fair event as provided in chapter 174 , 26 whose facilities or indebtedness are supported in whole or in 27 part with property tax revenue and which is licensed to conduct 28 pari-mutuel wagering pursuant to chapter 99D , or tax-supported 29 district in this state, or any branch, department, board, 30 bureau, commission, council, or committee of any of the 31 foregoing. 32 b. “Public records” also includes all records relating 33 to the investment of public funds including but not limited 34 to investment policies, instructions, trading orders, 35 -9- LSB 2124SC (1) 87 lh/rj 9/ 94
S.F. _____ or contracts, whether in the custody of the public body 1 responsible for the public funds or a fiduciary or other third 2 party. 3 Sec. 21. Section 28F.5, Code 2017, is amended to read as 4 follows: 5 28F.5 Source of payment —— rates and charges, pledge of 6 revenues. 7 1. Such an An entity shall have the power to pledge all 8 or part of the net revenues of a project or projects to the 9 payment of the principal of and interest on the bonds issued 10 pursuant to this chapter and shall provide by resolution 11 authorizing the issuance of said bonds that such net revenues 12 of the project or projects shall be set apart in a sinking 13 fund for that purpose and kept separate and distinct from all 14 other revenues of the entity. The principal of and interest 15 on the bonds so issued shall be secured by a pledge of such net 16 revenues of the project or projects in the manner and to the 17 extent provided in the resolution authorizing the issuance of 18 said bonds. 19 2. Such an An entity shall have the power to fix, establish 20 and maintain such rates, tolls, fees, rentals or other charges 21 and collect the same from the public agencies participating 22 in the agreement or from private agencies or persons for 23 the payment of the services and facilities provided by said 24 project or projects. Such rates, tolls, fees, rentals or other 25 charges shall be so fixed, established and maintained and 26 revised from time to time whenever necessary as will always 27 provide revenues sufficient to pay the cost of maintaining, 28 repairing and operating the project or projects, to pay the 29 principal of and interest on the bonds then outstanding which 30 are payable therefrom as the same become due and payable, to 31 provide adequate and sufficient reserves therefor, to provide 32 for replacements, depreciations and necessary extensions and 33 enlargements and to provide a margin of safety for the making 34 of such payments and providing such reserves. Notwithstanding 35 -10- LSB 2124SC (1) 87 lh/rj 10/ 94
S.F. _____ the foregoing such an entity shall have the further right to 1 pledge to the payment of the bonds issued pursuant to this 2 chapter , in addition to the net revenues of the project or 3 projects pledged therefor, such other moneys that it may have 4 and which are lawfully available therefor. 5 3. In order to pay the rates, tolls, fees, rentals or 6 other charges levied against a public agency by an entity 7 for the payment of the services and facilities provided by 8 a project or projects authorized by this chapter , public 9 agencies participating in such an agreement shall have the 10 power by ordinance to fix, establish and maintain, rates or 11 other charges for the use of and the services and facilities 12 rendered by said project or projects. Such rates or charges 13 may be so fixed, established and maintained and revised from 14 time to time whenever necessary as will always provide such 15 public agencies with sufficient revenue to pay the rates, 16 tolls, fees, rentals or other charges levied against it by the 17 entity for the payments of the services and facilities provided 18 by said project or projects. All such rates or charges to be 19 paid by the owners of real property, if not paid as by the 20 ordinance provided, when due, shall constitute a lien upon such 21 real property served by such project or projects, and shall be 22 collected in the same manner as general taxes. 23 Sec. 22. Section 28F.10, Code 2017, is amended to read as 24 follows: 25 28F.10 Refunding bonds. 26 Refunding bonds may be issued by an entity in a principal 27 amount sufficient to provide funds for the payment, including 28 premium, if any, of bonds issued by said the entity pursuant 29 to the provisions of this chapter to be refunded thereby 30 and the interest thereon and in addition for the payment of 31 all expenses incident to the calling, retiring, or paying 32 of such outstanding bonds to be refunded , such refunding . 33 Refunding bonds may also finance the construction of a project 34 or projects authorized by this chapter or the improvement, 35 -11- LSB 2124SC (1) 87 lh/rj 11/ 94
S.F. _____ addition, betterment or extension of an existing project or 1 projects so authorized. Said refunding Refunding bonds shall 2 not be issued to refund the principal of and interest on any 3 bonds to be refunded unless such bonds mature or are redeemable 4 under their terms within ten years from the date of delivery 5 of the refunding bonds. The proceeds of said the refunding 6 bonds to be used for the payment of the principal of, interest 7 on and redemption premiums, if any, on said the bonds to be 8 refunded which will not be due and payable immediately shall be 9 deposited in trust for the sole purpose of making such payments 10 in a bank or trust company within the state. Any moneys in such 11 trust fund, prior to the date such funds will be needed for 12 the payment of such principal of, interest on and redemption 13 premiums, if any, of such outstanding bonds to be refunded, 14 may be invested or reinvested as provided in the resolution 15 authorizing said the refunding bonds. Refunding bonds shall be 16 issued in the same manner and detail as revenue bonds herein 17 authorized. 18 Sec. 23. Section 29C.24, subsection 2, paragraph e, 19 subparagraph (1), subparagraph divisions (b) and (c), Code 20 2017, are amended to read as follows: 21 (b) Except for disaster and or emergency-related work, the 22 business entity has no presence in the state and conducts no 23 business in the state. 24 (c) Except for disaster and or emergency-related work, the 25 business entity had no registrations, tax filings, or nexus in 26 the state for the tax year immediately preceding the year in 27 which the relevant declared state disaster or emergency occurs. 28 Sec. 24. Section 29C.24, subsection 5, paragraph a, 29 unnumbered paragraph 1, Code 2017, is amended to read as 30 follows: 31 An out-of-state business that enters the state to perform 32 disaster and or emergency-related work during a disaster 33 response period shall provide notification to the secretary 34 of state, which notification shall contain all the following 35 -12- LSB 2124SC (1) 87 lh/rj 12/ 94
S.F. _____ information related to the out-of-state business: 1 Sec. 25. Section 29C.24, subsection 5, paragraphs b and c, 2 Code 2017, are amended to read as follows: 3 b. For an out-of-state business that enters this state 4 to perform disaster and or emergency-related work during a 5 disaster response period as an affiliate of a registered 6 business, the registered business shall provide, on behalf of 7 the affiliate out-of-state business, the notification required 8 in paragraph “a” , which notification shall also include contact 9 information for the registered business. 10 c. Upon request of the secretary of state, an out-of-state 11 business that enters the state to perform disaster and or 12 emergency-related work during a disaster response period shall 13 provide proof of workers’ compensation insurance coverage and 14 liability insurance coverage, if any. Such proof shall be 15 provided within ten days of the request. 16 Sec. 26. Section 35C.2, Code 2017, is amended to read as 17 follows: 18 35C.2 Physical disability. 19 The persons thus preferred shall not be disqualified from 20 holding any position hereinbefore mentioned in section 35C.1 21 on account of age or by reason of any physical disability, 22 provided such age or disability does not render such person 23 incompetent to perform properly the duties of the position 24 applied for. 25 Sec. 27. Section 35C.6, Code 2017, is amended to read as 26 follows: 27 35C.6 Removal —— certiorari —— judicial review. 28 No person holding a public position by appointment or 29 employment, and belonging to any of the classes of persons 30 to whom a preference is herein granted under this chapter , 31 shall be removed from such position or employment except 32 for incompetency or misconduct shown after a hearing, upon 33 due notice, upon stated charges, and with the right of such 34 employee or appointee to a review by a writ of certiorari or at 35 -13- LSB 2124SC (1) 87 lh/rj 13/ 94
S.F. _____ such person’s election, to judicial review in accordance with 1 the terms of the Iowa administrative procedure Act, chapter 2 17A , if that is otherwise applicable to their case. 3 Sec. 28. Section 43.2, Code 2017, is amended to read as 4 follows: 5 43.2 Definitions. 6 As used in this chapter, unless the context otherwise 7 requires: 8 1. “Book” , “list” , “record” , or “schedule” kept by a county 9 auditor, assessor, treasurer, recorder, sheriff, or other 10 county officer means the county system as defined in section 11 445.1. 12 2. a. The term “political party” “Political party” shall 13 mean a party which, at the last preceding general election, 14 cast for its candidate for president of the United States or 15 for governor, as the case may be, at least two percent of 16 the total vote cast for all candidates for that office at 17 that election. It shall be the responsibility of the state 18 commissioner to determine whether any organization claiming 19 to be a political party qualifies as such under the foregoing 20 definition. 21 b. A political organization which is not a “political party” 22 within the meaning of this section subsection may nominate 23 candidates and have the names of such candidates placed upon 24 the official ballot by proceeding under chapters 44 and 45 . 25 As used in this chapter , unless the context otherwise 26 requires, “book” , “list” , “record” , or “schedule” kept by a 27 county auditor, assessor, treasurer, recorder, sheriff, or 28 other county officer means the county system as defined in 29 section 445.1 . 30 Sec. 29. Section 48A.7A, subsection 1, paragraph b, 31 subparagraph (1), unnumbered paragraph 1, Code 2017, is amended 32 to read as follows: 33 For purposes of this section , a person may establish 34 identity and residence by presenting to the appropriate 35 -14- LSB 2124SC (1) 87 lh/rj 14/ 94
S.F. _____ precinct election official a current and valid Iowa driver’s 1 license or Iowa nonoperator’s identification card or by 2 presenting any of the following current and valid forms of 3 identification if such identification contains the person’s 4 photograph and a validity valid expiration date: 5 Sec. 30. Section 80.45, subsection 3, paragraph a, Code 6 2017, is amended to read as follows: 7 a. Serve as a point of contact for anti-human activities to 8 combat human trafficking activity in this state. 9 Sec. 31. Section 92.3, Code 2017, is amended to read as 10 follows: 11 92.3 Under fourteen —— permitted occupations. 12 No person under fourteen years of age shall be employed 13 or permitted to work with or without compensation in any 14 occupation, except in the street trade occupations or migratory 15 labor occupations specified in section 92.1 . Any migratory 16 laborer twelve to fourteen years of age may not work prior to 17 or during the regular school hours of any day of any private 18 or public school which teaches general education subjects and 19 which is available to such child. 20 Sec. 32. Section 92.9, unnumbered paragraph 1, Code 2017, 21 is amended to read as follows: 22 The provisions of sections 92.8 and 92.10 shall not 23 apply to pupils working under an instructor in a career and 24 technical education department in a school district or under 25 an instructor in a career and technical education classroom 26 or laboratory, or industrial plant, or in a course of career 27 and technical education approved by the state board for career 28 and technical education, or to apprentices provided they are 29 employed under all of the following conditions: 30 Sec. 33. Section 92.23, Code 2017, is amended to read as 31 follows: 32 92.23 Group insurance. 33 Anyone under the age of eighteen and subject to this chapter 34 employed in the street trades occupations who sells or delivers 35 -15- LSB 2124SC (1) 87 lh/rj 15/ 94
S.F. _____ the product or service of another and who is designated in 1 such capacity as an independent contractor shall be provided 2 participation, if the person under the age of eighteen 3 desires it at group rate cost, in group insurance for medical, 4 hospital, nursing, and doctor expenses incurred as a result of 5 injuries sustained arising out of and in the course of selling 6 or delivering such product or service by the person, firm, or 7 corporation whose product or service is so delivered. 8 Sec. 34. Section 96.29, subsection 2, paragraph c, Code 9 2017, is amended to read as follows: 10 c. This subsection shall not apply to claims for extended 11 benefits for weeks of unemployment beginning March 6, 1993, and 12 ending before January 1, 1995, or if otherwise prohibited by 13 federal law. 14 Sec. 35. Section 97A.7, subsection 1, Code 2017, is amended 15 to read as follows: 16 1. The board of trustees shall be the trustees of the 17 retirement fund created by this chapter as provided in section 18 97A.8 and shall have full power to invest and reinvest funds 19 subject to the terms, conditions, limitations, and restrictions 20 imposed by subsection 2 of this section and chapters 12F , 21 and 12H , and 12J and subject to like terms, conditions, 22 limitations, and restrictions said trustees shall have full 23 power to hold, purchase, sell, assign, transfer, or dispose of 24 any of the securities and investments of the retirement fund 25 which have been invested, as well as of the proceeds of said 26 investments and any moneys belonging to the retirement fund. 27 The board of trustees may authorize the treasurer of state to 28 exercise any of the duties of this section . When so authorized 29 the treasurer of state shall report any transactions to the 30 board of trustees at its next monthly meeting. 31 Sec. 36. Section 97B.4, subsection 5, Code 2017, is amended 32 to read as follows: 33 5. Investments. The system, through the chief investment 34 officer, shall invest, subject to chapters 12F , and 12H , 35 -16- LSB 2124SC (1) 87 lh/rj 16/ 94
S.F. _____ and 12J and in accordance with the investment policy and 1 goal statement established by the board, the portion of the 2 retirement fund which, in the judgment of the system, is not 3 needed for current payment of benefits under this chapter 4 subject to the requirements of section 97B.7A . 5 Sec. 37. Section 101.26, subsection 1, Code 2017, is amended 6 to read as follows: 7 1. A person who violates this subchapter or a rule adopted 8 or order adoption issued pursuant to this subchapter is subject 9 to a civil penalty not to exceed one hundred dollars for each 10 day during which the violation continues, up to a maximum of 11 one thousand dollars; however, if the tank is registered within 12 thirty days after the state fire marshal issues a cease and 13 desist order pursuant to section 101.25, subsection 1 , the 14 civil penalty under this section shall not accrue. The civil 15 penalty is an alternative to a criminal penalty provided under 16 this subchapter . 17 Sec. 38. Section 123.30, subsection 3, paragraph c, 18 subparagraph (2), Code 2017, is amended to read as follows: 19 (2) A special class “C” liquor control license may be issued 20 and shall authorize the holder to purchase wine from class “A” 21 wine permittees or class “B” wine permittees who also hold 22 class “E” liquor control licenses only, and to sell wine and 23 beer to patrons by the individual drink for consumption on the 24 premises only. However, beer may also be sold for consumption 25 off the premises. The license issued to holders of a special 26 class “C” liquor control license shall clearly state on its 27 face that the license is limited. 28 Sec. 39. Section 123.30, subsection 3, paragraph e, 29 subparagraph (2), Code 2017, is amended to read as follows: 30 (2) The division may issue a class “E” liquor control 31 license for premises covered by a liquor control license 32 or wine or beer permit for on-premises consumption, if the 33 premises are in a county having a population under nine 34 thousand five hundred in which no other class “E” liquor 35 -17- LSB 2124SC (1) 87 lh/rj 17/ 94
S.F. _____ control license has been issued by the division, and no other 1 application for a class “E” liquor control license has been 2 made within the previous twelve consecutive months. 3 Sec. 40. Section 123.141, Code 2017, is amended to read as 4 follows: 5 123.141 Keeping liquor where beer is sold. 6 No alcoholic liquor for beverage purposes shall be used, 7 or kept for any purpose in the place of business of class “B” 8 beer permittees, or on the premises of such class “B” beer 9 permittees, at any time. A violation of any provision of this 10 section shall be grounds for suspension or revocation of the 11 beer permit pursuant to section 123.50, subsection 3 . This 12 section shall not apply in any manner or in any way to the 13 premises of any hotel or motel for which a class “B” beer 14 permit has been issued, other than that part of such premises 15 regularly used by the hotel or motel for the principal purpose 16 of selling beer or food to the general public ; , or to drug 17 stores regularly and continuously employing a registered 18 pharmacist, keep a pharmacy from having alcohol in stock for 19 medicinal and compounding purposes. 20 Sec. 41. Section 139A.8, subsection 2, paragraph e, Code 21 2017, is amended to read as follows: 22 e. A person shall not be enrolled in school in the seventh 23 grade or twelfth grade in Iowa without evidence of adequate 24 immunization against meningococcal disease in accordance 25 with standards approved by the United States public health 26 service of the United States department of health and human 27 services for such biological products and is in accordance with 28 immunization practices recommended by the advisory committee 29 on immunization practices of the centers for disease control 30 and prevention. 31 Sec. 42. Section 144.18, Code 2017, is amended to read as 32 follows: 33 144.18 Court hearing. 34 1. The court shall fix a time and place for hearing the 35 -18- LSB 2124SC (1) 87 lh/rj 18/ 94
S.F. _____ petition and shall give the registration official who refused 1 to register the petitioner’s delayed certificate of birth at 2 least ten days’ notice of such hearing. If both persons to be 3 named as parents are not a party to the petition, such person 4 or persons, if living, shall also be given at least ten days’ 5 notice of the hearing. The court shall prescribe the manner 6 of such notice. Such official, or the official’s authorized 7 representative, may appear and testify in the proceeding. 8 2. If the court from the evidence presented finds that 9 the person for whom a delayed certificate of birth is sought 10 was born in this state, it shall make findings as the case 11 may require and shall issue an order on a form prescribed 12 and furnished by the state registrar to establish a record 13 of birth. The order shall include the birth data to be 14 registered, a description of the evidence presented, and the 15 date of the court’s action. 16 3. The clerks of the district court shall forward each 17 order to the state registrar not later than the tenth day of 18 the calendar month following the month in which it was entered. 19 The order shall be registered by the state registrar and shall 20 constitute the record of birth, from which copies may be 21 issued in accordance with sections 144.42 to through 144.46 , 22 inclusive . 23 Sec. 43. Section 153.33, subsection 3, paragraph g, Code 24 2017, is amended to read as follows: 25 g. The findings of fact made by the board acting within 26 its power shall, in the absence of fraud, be conclusive, but 27 the district court shall have power to review questions of law 28 involved in any final decision or determination of the board ; 29 provided, that if application is made by the aggrieved party 30 within thirty days after such determination by certiorari, 31 mandamus , or such other method of review or appeal permitted 32 under the laws of this state, and to make such further orders 33 in respect thereto as justice may require. 34 Sec. 44. Section 154B.1, subsections 2 and 6, Code 2017, are 35 -19- LSB 2124SC (1) 87 lh/rj 19/ 94
S.F. _____ amended to read as follows: 1 2. “Collaborative practice agreement” means a written 2 agreement between a prescribing psychologist and a licensed 3 physician that establishes clinical protocols, practice 4 guidelines, and care plans relevant to the scope of the 5 collaborative practice. The practice guidelines may include 6 limitations on the prescribing of psychotropic medications 7 by psychologists and protocols for prescribing to special 8 populations , including patients who are less than seventeen 9 years of age or over sixty-five years of age, patients who 10 are pregnant, and patients with serious medical conditions 11 including but not limited to heart disease, cancer, stroke, 12 seizures, and patients with developmental disabilities and 13 intellectual disabilities. 14 6. “Practice of psychology” means the application of 15 established principles of learning, motivation, perception, 16 thinking, and emotional relations to problems of behavior 17 adjustment, group relations, and behavior modification, 18 by persons trained in psychology for compensation or other 19 personal gain. The application of principles includes but 20 is not limited to : Counseling counseling and the use of 21 psychological remedial measures with persons, in groups or 22 individually, with adjustment or emotional problems in the 23 areas of work, family, school, and personal relationships; 24 measuring and testing personality, intelligence, aptitudes, 25 public opinion, attitudes, and skills; and the teaching of such 26 subject matter, and the conducting of research on the problems 27 relating to human behavior. 28 Sec. 45. Section 155A.6A, subsection 3, Code 2017, is 29 amended by striking the subsection. 30 Sec. 46. Section 161A.20, subsections 1, 3, and 4, Code 31 2017, are amended to read as follows: 32 1. After obtaining agreements to carry out recommended 33 soil conservation measures and proper farm plans from owners 34 of not less than fifty percent of the lands situated in the 35 -20- LSB 2124SC (1) 87 lh/rj 20/ 94
S.F. _____ subdistrict, a subdistrict shall have the authority to impose a 1 special annual tax, the proceeds of which shall be used for the 2 repayment of actual and necessary expenses incurred to organize 3 the subdistrict , ; to acquire land or rights or interests 4 therein by purchase or condemnation , ; and to repair, alteration 5 alter , maintenance maintain, and operation of operate the 6 present and future works of improvement within its boundaries. 7 3. If portions of the subdistrict are in more than one 8 county, then the governing body, as hereinbefore designated in 9 section 161A.19 in such event, after arriving at the estimate 10 in dollars deemed necessary for the entire subdistrict shall 11 ratably apportion such amount between the counties and transmit 12 and certify the prorated portion to the respective boards of 13 supervisors of each of the counties. 14 4. The board or boards of supervisors shall upon receipt 15 of certification from the governing body of the district 16 subdistrict make the necessary levy on the assessed valuation 17 of all real estate within the boundaries of the subdistrict 18 lying within their respective county to raise said amounts, but 19 in no event to exceed one dollar and eight cents per thousand 20 dollars of assessed value. 21 Sec. 47. Section 168.8, Code 2017, is amended to read as 22 follows: 23 168.8 Penalty. 24 Any person , partnership, corporation, company, firm, 25 society, or association who violates any provision of this 26 chapter shall be guilty of a simple misdemeanor. 27 Sec. 48. Section 177A.12, subsection 2, Code 2017, is 28 amended to read as follows: 29 2. The state entomologist, the entomologist’s inspectors 30 or duly authorized agents are authorized to seize, destroy, or 31 return to the point of origin any material received in this 32 state in violation of any state quarantine established under 33 the authority of subsection 1 , or in violation of any federal 34 quarantine established under the authority of the Act of August 35 -21- LSB 2124SC (1) 87 lh/rj 21/ 94
S.F. _____ 20, 1912, 37 Stat. ch 308 federal Plant Protection Act , 7 1 U.S.C. §7701 et seq., or any amendment to that Act. 2 Sec. 49. Section 179.13, Code 2017, is amended to read as 3 follows: 4 179.13 Referendum. 5 1. At a time designated by the commission within eighteen 6 months after termination of the national promotional order made 7 pursuant to the Dairy Product Production Stabilization Act of 8 1983, 7 U.S.C. §4501 et seq., the commission shall conduct a 9 referendum under administrative procedures prescribed by the 10 department. 11 2. Upon signing a statement certifying to the department 12 that the person is a bona fide producer as defined in this 13 chapter , each producer is entitled to one vote in each 14 referendum. When the secretary is required to determine the 15 approval or disapproval of producers under this section , the 16 secretary shall consider the approval or disapproval of a 17 cooperative association of producers, engaged in a bona fide 18 manner in marketing milk, as the approval or disapproval 19 of the producers who are members of or contract with the 20 cooperative association of producers. If a cooperative 21 association elects to vote on behalf of its members, the 22 cooperative association shall provide each producer on whose 23 behalf the cooperative association is expressing approval or 24 disapproval with a description of the question presented in the 25 referendum together with a statement of the manner in which 26 the cooperative association intends to cast its vote on behalf 27 of the membership. The information shall inform the producer 28 of procedures to follow to cast an individual ballot if the 29 producer chooses to do so within the period of time established 30 by the secretary for casting ballots. The notification shall 31 be made at least thirty days prior to the referendum and shall 32 include an official ballot. The ballots shall be tabulated by 33 the secretary and the vote of the cooperative association shall 34 be adjusted to reflect the individual votes. 35 -22- LSB 2124SC (1) 87 lh/rj 22/ 94
S.F. _____ 3. The department shall count and tabulate the ballots filed 1 during the referendum within thirty days of the close of the 2 referendum. If from the tabulation the department determines 3 that a majority of the total number of producers voting in the 4 referendum favors the proposal, the excise tax provided for in 5 this chapter shall be continued. The ballots cast pursuant 6 to this section constitute complete and conclusive evidence 7 for use in determinations made by the department under this 8 chapter . 9 4. The secretary may conduct a referendum at any time 10 after the Iowa dairy industry commission is reactivated, and 11 shall hold a referendum on request of a representative group 12 comprising ten percent or more of the number of producers 13 eligible to vote, to determine whether the producers favor the 14 termination or suspension of the excise tax. The secretary 15 shall suspend or terminate collection of the excise tax within 16 six months after the secretary determines that suspension or 17 termination of the excise tax is favored by a majority of the 18 producers voting in the referendum, and shall terminate the 19 excise tax in an orderly manner as soon as practicable after 20 the determination. 21 Sec. 50. Section 181.3, subsection 4, paragraph b, Code 22 2017, is amended to read as follows: 23 b. Except for an ex officio member, a vacancy in the 24 executive committee resulting from death, inability or refusal 25 to serve, or failure to meet the qualifications of this chapter 26 shall be filled by the executive committee. If the executive 27 committee fails to fill a vacancy, the secretary shall appoint 28 a person to fill it the vacancy . A vacancy appointment shall 29 be filled only for the remainder of the unexpired term. 30 Sec. 51. Section 198.7, subsection 1, paragraphs b, c, d, e, 31 and f, Code 2017, are amended to read as follows: 32 b. If it bears or contains any added poisonous, added 33 deleterious, or added nonnutritive substance which is unsafe 34 within the meaning of section 406 of the federal Federal Food, 35 -23- LSB 2124SC (1) 87 lh/rj 23/ 94
S.F. _____ Drug, and Cosmetic Act, codified at 21 U.S.C. §346, other than 1 one which is a pesticide chemical in or on a raw agricultural 2 commodity or a food additive. 3 c. If it is, or it bears or contains any food additive which 4 is unsafe within the meaning of section 409 of the federal 5 Federal Food, Drug, and Cosmetic Act , codified at 21 U.S.C. 6 §348 . 7 d. If it is a raw agricultural commodity and it bears 8 or contains a pesticide chemical which is unsafe within the 9 meaning of section 408, subparagraph “a” of the federal Federal 10 Food, Drug, and Cosmetic Act, codified at 21 U.S.C. §346a, 11 provided, that where a pesticide chemical has been used in or 12 on a raw agricultural commodity in conformity with an exemption 13 granted or a tolerance prescribed under section 408 of the 14 federal Federal Food, Drug, and Cosmetic Act , codified at 21 15 U.S.C. §346a, and such raw agricultural commodity has been 16 subjected to processing such as canning, cooking, freezing, 17 dehydrating or milling, the residue of such pesticide chemical 18 remaining in or on such processed feed shall not be deemed 19 unsafe if such residue in or on the raw agricultural commodity 20 has been removed to the extent possible in good manufacturing 21 practice and the concentration of such residue in the processed 22 feed is not greater than the tolerance prescribed for the raw 23 agriculture commodity unless the feeding of such processed feed 24 will result or is likely to result in a pesticide residue in 25 the edible product of the animal, which is unsafe within the 26 meaning of section 408, subparagraph “a” of the federal Federal 27 Food, Drug, and Cosmetic Act , codified at 21 U.S.C. §346a . 28 e. If it is, or it bears or contains any color additive 29 which is unsafe within the meaning of section 706 of the 30 federal Federal Food, Drug, and Cosmetic Act , codified at 21 31 U.S.C. §379e . 32 f. If it is, or it bears or contains a new animal drug which 33 is unsafe within the meaning of the federal Federal Food, Drug, 34 and Cosmetic Act, 21 U.S.C. §360b et seq . 35 -24- LSB 2124SC (1) 87 lh/rj 24/ 94
S.F. _____ Sec. 52. Section 218.48, Code 2017, is amended to read as 1 follows: 2 218.48 Annual reports. 3 The superintendent or business manager of each institution 4 shall make an annual report to the administrator in control 5 of the particular institution and include in the report a 6 detailed and accurate inventory of the stock and supplies 7 on hand, and their amount and value, under the following 8 headings: livestock, farm 9 1. Livestock. 10 2. Farm produce on hand , vehicles, agricultural . 11 3. Vehicles. 12 4. Agricultural implements , machinery, mechanical . 13 5. Machinery. 14 6. Mechanical fixtures , real . 15 7. Real estate , furniture, and bedding . 16 8. Furniture. 17 9. Bedding in residents’ department , state . 18 10. State property in superintendent’s department , 19 clothing, dry . 20 11. Clothing. 21 12. Dry goods , provisions . 22 13. Provisions and groceries , drugs . 23 14. Drugs and medicine , fuel, library, and all . 24 15. Fuel. 25 16. Library. 26 17. All other state property under appropriate headings to 27 be determined by the particular administrator involved. 28 Sec. 53. Section 232.114, subsection 4, Code 2017, is 29 amended to read as follows: 30 4. The county attorney and attorney general shall comply 31 with the requirements of chapter 232B and the federal Indian 32 Child Welfare Act, Pub. L. No. 95-608, when either chapter 232B 33 or the federal Indian Child Welfare Act is determined to be 34 applicable in any proceeding under this division . 35 -25- LSB 2124SC (1) 87 lh/rj 25/ 94
S.F. _____ Sec. 54. Section 232.188, subsection 5, paragraph e, Code 1 2017, is amended to read as follows: 2 e. The annual child welfare and juvenile justice 3 decategorization services plan developed for use of the funding 4 pool by a decategorization governance board shall be submitted 5 to the department administrator of child welfare services and 6 the early childhood Iowa empowerment state board. In addition, 7 the decategorization governance board shall submit an annual 8 progress report to the department administrator and the early 9 childhood Iowa empowerment state board which summarizes the 10 progress made toward attaining the objectives contained in the 11 plan. The progress report shall serve as an opportunity for 12 information sharing and feedback. 13 Sec. 55. Section 234.6, subsection 1, unnumbered paragraph 14 1, Code 2017, is amended to read as follows: 15 The administrator shall be vested with the authority to 16 administer the family investment program, state supplementary 17 assistance, food programs, child welfare, and emergency relief, 18 family and adult service programs, and any other form of 19 public welfare assistance and institutions that are placed 20 under the administrator’s administration. The administrator 21 shall perform duties, shall formulate and adopt rules as may 22 be necessary ; , and shall outline policies, dictate procedure, 23 and delegate such powers as may be necessary for competent 24 and efficient administration. Subject to restrictions that 25 may be imposed by the director of human services and the 26 council on human services, the administrator may abolish, 27 alter, consolidate, or establish subdivisions and may abolish 28 or change offices previously created. The administrator 29 may employ necessary personnel and fix their compensation; 30 may allocate or reallocate functions and duties among any 31 subdivisions now existing or later established; and may 32 adopt rules relating to the employment of personnel and the 33 allocation of their functions and duties among the various 34 subdivisions as competent and efficient administration may 35 -26- LSB 2124SC (1) 87 lh/rj 26/ 94
S.F. _____ require. The administrator shall: 1 Sec. 56. Section 234.6, subsection 1, paragraph f, Code 2 2017, is amended to read as follows: 3 f. Administer the food programs authorized by federal law, 4 and recommend rules necessary in the administration of those 5 programs to the director for promulgation adoption pursuant to 6 chapter 17A . 7 Sec. 57. Section 237A.25, subsection 1, Code 2017, is 8 amended to read as follows: 9 1. The department shall develop consumer information 10 material to assist parents in selecting a child care provider. 11 In developing the material, the department shall consult with 12 department of human services staff, department of education 13 staff, the state child care advisory committee, the early 14 childhood Iowa empowerment state board, and child care resource 15 and referral services. In addition, the department may consult 16 with other entities at the local, state, and national level. 17 Sec. 58. Section 256.11, subsection 5, paragraph h, 18 subparagraph (3), Code 2017, is amended to read as follows: 19 (3) The department of education shall permit school 20 districts, in meeting the requirements of this section , to 21 use career and technical education core courses in more than 22 one career and technical education service area and to use 23 multi-occupational courses to complete a sequence in more than 24 one career and technical education service area. 25 Sec. 59. Section 256.39, subsection 6, Code 2017, is amended 26 to read as follows: 27 6. The department of education shall direct and monitor 28 the progress of each career pathways consortium in developing 29 career pathways programs. By January 15, 1998, the department 30 shall submit to the general assembly any findings and 31 recommendations of the career pathways consortia, along with 32 the department’s recommendations for specific career pathways 33 program efforts and for appropriate funding levels to implement 34 and sustain the recommended programs. 35 -27- LSB 2124SC (1) 87 lh/rj 27/ 94
S.F. _____ Sec. 60. Section 256.42, subsection 7, Code 2017, is amended 1 to read as follows: 2 7. The department may waive for one year the provisions 3 of section 256.11, subsection 5 , which require that specified 4 subjects be offered and taught by professional staff of a 5 school district or school, if the school district or school 6 makes every reasonable and good-faith effort to employ a 7 teacher licensed under chapter 272 for such a subject, and the 8 school district or school proves to the satisfaction of the 9 department that the school district or school is unable to 10 employ such a teacher. 11 a. The specified subject shall be provided by the 12 initiative. 13 b. The specified subject may instead be provided by the 14 school district or school if all of the following conditions 15 are met: 16 a. (1) The course content is provided through an online 17 learning platform by an Iowa licensed teacher with online 18 learning experience. 19 b. (2) The course content provided is aligned with school 20 district or school standards and satisfies the requirements of 21 subsection 6 . 22 c. (3) The course is not offered by the initiative pursuant 23 to this section , or the course offered by the initiative lacks 24 the capacity to accommodate additional students. 25 d. (4) The course is the sole course per semester that 26 the school district or school is providing instead of the 27 initiative pursuant to this subsection . 28 Sec. 61. Section 256H.1, subsection 2, paragraph a, Code 29 2017, is amended to read as follows: 30 a. “Active duty” means full-time duty status in the active 31 uniformed service of the United States, including members of 32 the national guard and reserve on active duty orders pursuant 33 to 10 U.S.C. §1209 ch. 1209 and 1211. 34 Sec. 62. Section 256H.1, subsection 3, paragraph a, 35 -28- LSB 2124SC (1) 87 lh/rj 28/ 94
S.F. _____ subparagraph (1), Code 2017, is amended to read as follows: 1 (1) Active duty members of the uniformed services as defined 2 in this compact, including members of the national guard and 3 reserve on active duty orders pursuant to 10 U.S.C. §1209 ch. 4 1209 and 1211. 5 Sec. 63. Section 256I.4, subsection 8, Code 2017, is amended 6 to read as follows: 7 8. Develop and implement a designation process for area 8 boards. Allow for flexibility and creativity of area boards in 9 implementing area board responsibilities and provide authority 10 for the area boards to support the communities in the areas 11 served. The system process shall provide for action to address 12 poor performing areas as well as higher performing areas. The 13 state board shall determine how often area boards are reviewed 14 under the system process . 15 Sec. 64. Section 256I.9, subsection 3, paragraph b, 16 subparagraph (1), Code 2017, is amended to read as follows: 17 (1) Family support services and parent education programs 18 promoted to parents of children from zero through age five. 19 Family support services shall include but are not limited to 20 home visitation and parent education. Of the state funding 21 that an area board designates for family support programs, at 22 least sixty percent shall be committed to programs with a home 23 visitation component. 24 Sec. 65. Section 258.2, Code 2017, is amended to read as 25 follows: 26 258.2 State board for career and technical education. 27 The state board of education shall constitute the state 28 board for career and technical education. 29 Sec. 66. Section 258.3A, unnumbered paragraph 1, Code 2017, 30 is amended to read as follows: 31 The state board shall do all of the following: 32 Sec. 67. Section 258.4, subsections 1, 7, 8, and 9, Code 33 2017, are amended to read as follows: 34 1. Develop and submit to the state board for approval the 35 -29- LSB 2124SC (1) 87 lh/rj 29/ 94
S.F. _____ multi-year state plan developed in accordance with federal laws 1 and regulations governing career and technical education. 2 7. Review and approve career and technical education 3 programs to ensure that the programs meet standards adopted by 4 the state board for career and technical education pursuant to 5 section 258.3A . The director shall annually review at least 6 twenty percent of the approved career and technical programs 7 as a basis for continuing approval to ensure that the programs 8 meet board standards and are compatible with educational reform 9 efforts, are capable of responding to technological change and 10 innovation, and meet the educational needs of students and the 11 employment community. The review shall include an assessment 12 of the extent to which the competencies in the program 13 are being mastered by the students enrolled, the costs are 14 proportionate to educational benefits received, the career and 15 technical education curriculum is articulated and integrated 16 with other curricular offerings required of all students, 17 the programs would permit students with career and technical 18 education backgrounds to pursue other educational interests in 19 a postsecondary institutional setting, and the programs remove 20 barriers for both traditional and nontraditional students to 21 access educational and employment opportunities. 22 8. Facilitate the process established by the state board 23 for the implementation of a statewide system of regional 24 career and technical education planning partnerships that 25 utilize the services of local school districts, community 26 colleges, sector partnerships, and other resources to assist 27 local school districts in meeting career and technical 28 education standards while avoiding unnecessary duplication of 29 services. The director shall also review and approve regional 30 planning partnerships and regional centers to ensure that the 31 partnerships and centers meet the standards adopted by the 32 state board pursuant to section 258.3A, subsection 5 . 33 9. Enforce rules adopted by the state board pursuant to 34 section 258.3A . 35 -30- LSB 2124SC (1) 87 lh/rj 30/ 94
S.F. _____ Sec. 68. Section 258.6, subsections 1, 2, and 3, Code 2017, 1 are amended to read as follows: 2 1. “Approved career and technical education program” means 3 a career and technical education program offered by a school 4 district or community college and approved by the department 5 which meets the standards for career and technical education 6 programs adopted by the state board under this chapter . 7 2. “Approved practitioner preparation school, department, 8 or class” means a school, department, or class approved by the 9 state board as entitled under this chapter to federal moneys 10 for the training of teachers of career and technical education 11 subjects. 12 3. “Approved regional career and technical education 13 planning partnership” means a regional entity that meets the 14 standards for regional career and technical education planning 15 partnerships adopted by the state board pursuant to section 16 258.3A and section 258.14 . 17 Sec. 69. Section 258.6, subsection 4, Code 2017, is amended 18 by striking the subsection. 19 Sec. 70. Section 258.6, Code 2017, is amended by adding the 20 following new subsection: 21 NEW SUBSECTION . 9A. “State board” means the state board for 22 career and technical education as provided in section 258.2. 23 Sec. 71. Section 258.9, subsection 1, Code 2017, is amended 24 to read as follows: 25 1. The board of directors of a school district or 26 community college that maintains a career and technical 27 education program receiving federal or state funds under 28 this chapter shall, as a condition of approval by the state 29 board, appoint a local advisory council for each career and 30 technical education program offered by the school district or 31 community college. However, a school district and a community 32 college that maintain a career and technical education program 33 receiving federal or state funds may create a joint local 34 advisory council. The membership of each local advisory 35 -31- LSB 2124SC (1) 87 lh/rj 31/ 94
S.F. _____ council shall consist of public members with expertise in 1 the occupation or occupational field related to the career 2 and technical education program. The local advisory council 3 shall give advice and assistance to the board of directors, 4 administrators, and instructors in the establishment and 5 maintenance of the career and technical education program. 6 Sec. 72. Section 258.12, Code 2017, is amended to read as 7 follows: 8 258.12 Custodian of funds. 9 The treasurer of state shall be custodian of the funds paid 10 to the state from the appropriations made under the federal 11 Carl D. Perkins Career and Technical Education Improvement Act 12 of 2006, 20 U.S.C §2301 et seq., as amended, and shall disburse 13 the same on vouchers audited as provided by law. 14 Sec. 73. Section 258.14, subsection 3, paragraphs a and d, 15 Code 2017, are amended to read as follows: 16 a. Ensuring compliance with standards adopted by the state 17 board under section 258.3A, subsection 5 , for regional career 18 and technical education planning partnerships. 19 d. Reviewing career and technical education programs of 20 school districts within the region based on standards adopted 21 by the state board, and recommending to the department career 22 and technical education programs for approval. 23 Sec. 74. Section 258.14, subsection 3, paragraph f, 24 unnumbered paragraph 1, Code 2017, is amended to read as 25 follows: 26 Planning for regional centers with the purpose of achieving 27 equitable access to high-quality career and technical education 28 programming and concurrent enrollment opportunities for all 29 students. As a condition for approval, a regional center shall 30 comply with standards adopted by the state board and shall 31 consist of a minimum of four career academies. A regional 32 center shall be compatible with development of a statewide 33 system of regional centers serving all students. A regional 34 center shall serve either of the following: 35 -32- LSB 2124SC (1) 87 lh/rj 32/ 94
S.F. _____ Sec. 75. Section 258.14, subsection 4, paragraph e, Code 1 2017, is amended to read as follows: 2 e. Representatives of regional economic and workforce 3 entities including regional advisory local workforce 4 development boards established under section 84A.4 . 5 Sec. 76. Section 258.15, subsection 2, Code 2017, is amended 6 to read as follows: 7 2. The state board, in consultation with the division of 8 community colleges of the department, shall adopt rules setting 9 minimum standards for the development and implementation of 10 career academies under this section and ensuring compliance 11 with the federal Carl D. Perkins Career and Technical Education 12 Improvement Act of 2006, 20 U.S.C. §2301 et seq., as amended. 13 Sec. 77. Section 260C.5, subsection 1, Code 2017, is amended 14 to read as follows: 15 1. Designate a community college as an “area career and 16 technical education school” within the meaning of, and for the 17 purpose of administering, the federal Carl D. Perkins Career 18 and Technical Education Improvement Act of 2006. A community 19 college shall not be so designated by the director for the 20 expenditure of funds under 20 U.S.C. §2301 et seq., as amended, 21 which has not been designated and classified as a community 22 college by the state board. 23 Sec. 78. Section 260C.47, subsection 1, unnumbered 24 paragraph 1, Code 2017, is amended to read as follows: 25 The state board of education shall establish an 26 accreditation process for community college programs. The 27 process shall be jointly developed and agreed upon by the 28 department of education and the community colleges. The 29 state accreditation process shall be integrated with the 30 accreditation process of the higher learning commission, 31 including the evaluation cycle, the self-study process, and 32 the criteria for evaluation, which shall incorporate the 33 standards for community colleges developed under section 34 260C.48 ; and shall identify and make provision for the needs of 35 -33- LSB 2124SC (1) 87 lh/rj 33/ 94
S.F. _____ the state that are not met by the association’s commission’s 1 accreditation process. The department of education shall use 2 a two-component process for the continued accreditation of 3 community college programs. 4 Sec. 79. Section 260C.47, subsection 1, paragraph c, Code 5 2017, is amended to read as follows: 6 c. Rules adopted by the state board shall include provisions 7 for coordination of the accreditation process under this 8 section with activities of accreditation associations agencies , 9 which are designed to avoid duplication in the accreditation 10 process. 11 Sec. 80. Section 261E.6, subsection 3, Code 2017, is amended 12 to read as follows: 13 3. Authorization. To participate in this program, an 14 eligible student shall make application to an eligible 15 postsecondary institution to allow the eligible student to 16 enroll for college credit in a nonsectarian course offered at 17 the institution. A comparable course, as defined in rules 18 adopted by the board of directors of the school district 19 consistent with department administrative rule, must not 20 be offered by the school district or accredited nonpublic 21 school the student attends. However, a A course is ineligible 22 for purposes of this section if the school district has 23 a contractual agreement with the eligible postsecondary 24 institution under section 261E.8 that meets the requirements of 25 section 257.11, subsection 3 , and the course may be delivered 26 through such an agreement in accordance with section 257.11, 27 subsection 3 . If the postsecondary institution accepts 28 an eligible student for enrollment under this section , the 29 institution shall send written notice to the student, the 30 student’s parent or legal guardian in the case of a minor 31 child, and the student’s school district or accredited 32 nonpublic school and the school district in the case of a 33 nonpublic school student, or the Iowa school for the deaf or 34 the Iowa braille and sight saving school. The notice shall 35 -34- LSB 2124SC (1) 87 lh/rj 34/ 94
S.F. _____ list the course, the clock hours the student will be attending 1 the course, and the number of hours of college credit that the 2 eligible student will receive from the eligible postsecondary 3 institution upon successful completion of the course. 4 Sec. 81. Section 262.14, unnumbered paragraph 1, Code 2017, 5 is amended to read as follows: 6 The board may invest funds belonging to the institutions, 7 subject to chapters 12F , and 12H , and 12J and the following 8 regulations: 9 Sec. 82. Section 279.19B, subsection 2, Code 2017, is 10 amended to read as follows: 11 2. For the first two weeks of employment in which a 12 qualified individual who possesses a transitional coaching 13 authorization is employed as a transitional coach and for the 14 first extracurricular interscholastic athletic contest or 15 competition sponsored by an organization as defined in section 16 280.13 , the individual shall be supervised by a certified 17 athletic director, administrator, or other practitioner 18 in a supervisory role. If the individual performs to the 19 supervising practitioner’s satisfaction, the supervising 20 practitioner shall sign and date an evaluation form provided 21 by the organization to certify that the individual meets 22 expectations to work with student athletes as a transitional 23 coach. The organization shall develop and offer on its 24 internet site an evaluation form that meets the requirements 25 of this subsection . 26 Sec. 83. Section 282.7, subsection 2, Code 2017, is amended 27 to read as follows: 28 2. If the career and technical education program offered 29 by a school district does not meet the board for career and 30 technical education’s standards for program approval adopted 31 by the state board for career and technical education , the 32 district shall be granted one year to meet the standards for 33 approval. If a district chooses to waive the one-year grace 34 period, or the district fails to meet the approval standards 35 -35- LSB 2124SC (1) 87 lh/rj 35/ 94
S.F. _____ after one year, the director of the board for career and 1 technical department of education shall delegate the authority 2 to the regional career and technical education planning 3 partnership established pursuant to section 258.14 to direct 4 the district to contract with another school district or a 5 community college which has an approved program, for the 6 provision of career and technical education for students of 7 the district. The district that has waived the one-year grace 8 period or has failed to meet the approval standards shall pay 9 to the district or community college that has an approved 10 program an amount equal to the percent of the school day in 11 which a pupil is receiving career and technical education in 12 the approved program times the district cost per pupil of the 13 district of residence of the pupil. The regional career and 14 technical education planning partnership established pursuant 15 to section 258.14 shall contract with an approved program for 16 delivery of career and technical education in the district 17 which has failed to meet the approval standards or has waived 18 the one-year grace period. Transportation to and from the 19 approved program shall be provided by the school district that 20 has waived the one-year grace period or has failed to meet 21 approval standards. Reasonable effort shall be made to conduct 22 the approved program at an attendance center in the district 23 that has failed to meet the approval standards or has waived 24 the one-year grace period. 25 Sec. 84. Section 294.14, Code 2017, is amended to read as 26 follows: 27 294.14 Estimate of funds needed —— levy. 28 The board of directors of said district shall annually, 29 for a period of five years after the effective date of the 30 termination of its pension system, at the meeting at which 31 it estimates the amount required for the general fund, in 32 accordance with the provisions of section 298.1 , estimate the 33 additional amount if any necessary to pay to participants in 34 the pension system who are not entitled to receive benefits 35 -36- LSB 2124SC (1) 87 lh/rj 36/ 94
S.F. _____ under such system at the date of termination thereof, one-fifth 1 of the amount paid into said pension fund by such participants 2 therein, without interest, which amount shall be levied by 3 the board of supervisors, in accordance with provisions of 4 section 298.8 and, in addition thereto, the board of directors 5 of said district shall each year at the meeting at which 6 it estimates the amount required for the general fund, in 7 accordance with the provisions of section 298.1 , estimate the 8 additional amount, if any, necessary to provide the required 9 annual payments to surviving beneficiaries of said pension 10 system, as defined provided in section 294.12 , which amount 11 shall be levied by the board of supervisors, in accordance with 12 the provisions of section 298.8 . Upon the death of the last 13 beneficiary , as defined in section 294.12 , to survive, any 14 balance remaining in said fund, including any undisposed of 15 accumulations, shall be transferred to the general fund of said 16 school district. 17 Sec. 85. Section 303.66, subsection 2, Code 2017, is amended 18 to read as follows: 19 2. Taxes levied by the board shall be certified on or before 20 the first day of March to the county auditor of each county 21 where any of the property included within the territorial 22 limits of the land use district is located, and shall be placed 23 upon the tax list for the current year , and the . The county 24 treasurer shall collect the taxes in the same manner as other 25 taxes , and when . When delinquent they , the taxes shall draw 26 the same interest and penalties as other taxes . All taxes so 27 levied and collected shall be paid over to the treasurer of the 28 district. 29 Sec. 86. Section 313.2, subsection 2, paragraph b, Code 30 2017, is amended to read as follows: 31 b. However, prior to entering into the agreement, a notice 32 of intent to execute such agreement shall be published in a 33 newspaper of general circulation within the county and the cost 34 of such notice shall be jointly borne by the department and 35 -37- LSB 2124SC (1) 87 lh/rj 37/ 94
S.F. _____ the board of supervisors. If one hundred or more residents of 1 the county request by petition or in writing that a hearing 2 be held in regard to such agreement within ten days after the 3 publication of the notice, the board of supervisors and the 4 department shall hold such a hearing not more than seven days 5 after receiving the petition or written instrument , and based . 6 Based upon evidence presented at such the hearing , the board of 7 supervisors and the department shall reexamine the merits of 8 executing such agreement and make a decision in regard to it. 9 Sec. 87. Section 313.5, subsection 2, Code 2017, is amended 10 to read as follows: 11 2. The provisions of chapter 8 shall apply except that 12 the provisions of section 8.39 shall not apply to funds 13 appropriated to the department under section 313.4 ; however, 14 the first paragraph of section 8.39 , subsection 1, shall 15 apply to appropriations for support of the department and for 16 engineering and administration of highway work and maintenance 17 of the primary road system. 18 Sec. 88. Section 313.12, Code 2017, is amended to read as 19 follows: 20 313.12 Supervision and inspection. 21 The department is expressly charged with the duty of 22 supervision, inspection, and direction of the work of 23 construction of primary roads on behalf of the state, and 24 of supervising the expenditure of all funds paid on account 25 of such work by the state or the county on the primary road 26 system and it shall do and perform all other matters and 27 things necessary to the faithful completion of the work herein 28 authorized in this section . 29 Sec. 89. Section 314.21, subsection 1, paragraph b, Code 30 2017, is amended to read as follows: 31 b. A city or county which has a project which qualifies for 32 the use of these funds shall submit a request for the funds 33 to the state department of transportation. A city or county 34 may, at its option, apply moneys allocated for use on city 35 -38- LSB 2124SC (1) 87 lh/rj 38/ 94
S.F. _____ or county projects under this subsection toward qualifying 1 projects on the primary road system. The state department of 2 transportation in consultation with the department of natural 3 resources shall determine which projects qualify for the 4 funds and which projects shall be funded if the requests for 5 the funds exceed the availability of the funds. In ranking 6 applications for funds, the department shall consider the 7 proportion of political subdivision matching funds to be 8 provided, if any, and the proportion of private contributions 9 to be provided, if any. In considering the proportion of 10 political subdivision matching funds provided, the department 11 shall consider only those moneys which are in addition to those 12 which the political subdivision has historically provided 13 toward such projects. Funds allocated to the cities, the 14 counties, and the department which are not programmed by the 15 end of each fiscal year shall be available for redistribution 16 to any eligible applicant regardless of the original allocation 17 of funds. Such funds shall be awarded for eligible projects 18 based upon their merit in meeting the program objectives 19 established by the department under section 314.22 . The 20 department shall submit a report of all projects funded in 21 the previous fiscal year to the governor and to the general 22 assembly on January 15 of each year. 23 Sec. 90. Section 317.25, subsection 2, Code 2017, is amended 24 to read as follows: 25 2. Any person violating subsection 1 commits a public 26 offense and is subject to a fine not to exceed one hundred 27 dollars. 28 Sec. 91. Section 321.34, subsection 13, paragraph a, 29 subparagraph (1), Code 2017, is amended to read as follows: 30 (1) The owner of a motor vehicle subject to registration 31 pursuant to section 321.109, subsection 1 , autocycle , 32 motor truck, motor home, multipurpose vehicle, motorcycle, 33 trailer, or travel trailer may upon request be issued special 34 registration plates that contain a space reserved for the 35 -39- LSB 2124SC (1) 87 lh/rj 39/ 94
S.F. _____ placement of an organization decal. If the special plates are 1 requested at the time of initial application for registration 2 and certificate of title for the vehicle, no special plate 3 fee is required other than the regular annual registration 4 fee for the vehicle. If the special plates are requested 5 as replacement plates, the owner shall surrender the current 6 regular or special registration plates in exchange for the 7 special plates and shall pay a replacement plate fee of five 8 dollars. The county treasurer shall validate special plates 9 with an organization decal in the same manner as regular 10 plates, upon payment of the annual registration fee. 11 Sec. 92. Section 321.40, subsection 6, paragraph a, Code 12 2017, is amended to read as follows: 13 a. The department or the county treasurer shall refuse 14 to renew the registration of a vehicle registered to the 15 applicant if the department or the county treasurer knows that 16 the applicant has a delinquent account, charge, fee, loan, 17 taxes, or other indebtedness owed to or being collected by 18 the state, from information provided pursuant to sections 19 8A.504 and 421.17 . An applicant may contest this action by 20 requesting initiating a contested case proceeding from with 21 the agency that referred the debt for collection pursuant to 22 section 8A.504 . The department of revenue and the department 23 of transportation shall notify the county treasurers through 24 the distributed teleprocessing network of persons who owe 25 such a delinquent account, charge, fee, loan, taxes, or other 26 indebtedness. 27 Sec. 93. Section 321.40, subsection 7, paragraph a, Code 28 2017, is amended to read as follows: 29 a. The department or the county treasurer shall refuse to 30 renew the registration of a vehicle registered to an applicant 31 if the department or the county treasurer knows that the 32 applicant has not paid a civil penalty imposed on the applicant 33 pursuant to section 321N.3, subsection 3 . An applicant may 34 contest this action by requesting initiating a contested 35 -40- LSB 2124SC (1) 87 lh/rj 40/ 94
S.F. _____ case proceeding from with the department. The department 1 shall notify the county treasurers through the distributed 2 teleprocessing network of persons who have not paid such civil 3 penalties. 4 Sec. 94. Section 321.189, subsection 8, Code 2017, is 5 amended to read as follows: 6 8. Veterans status. A licensee who is an honorably 7 discharged veteran of the armed forces of the United States may 8 request that the license be marked to reflect the licensee’s 9 veteran status. Upon such a request, the word “VETERAN” shall 10 be marked prominently on the face of the license. Such a 11 license shall be issued upon receipt of satisfactory proof 12 of veteran status pursuant to procedures established by the 13 department in consultation with the department of veterans 14 affairs, or upon presentation of the licensee’s certification 15 of release or discharge from active duty, DD form 214, to 16 the department at the time of the licensee’s request, if the 17 form indicates the licensee was honorably discharged. If 18 the license is issued upon presentation of the licensee’s 19 certification of release or discharge from active duty, DD form 20 214, the department shall notify the commission of veteran 21 affairs of the county of the licensee’s residence that the 22 licensee was issued a license marked to reflect the licensee’s 23 veteran status. After receiving notification from the 24 department, the commission of veteran affairs shall initiate 25 contact with the licensee. 26 Sec. 95. Section 321.285, subsection 7, Code 2017, is 27 amended to read as follows: 28 7. A person who violates this section for excessive speed 29 in violation of a speed limit commits a simple misdemeanor 30 punishable as a scheduled violation under section 805.8A, 31 subsection 5 . A person who violates this section for excessive 32 operates a school bus at a speed as an operator of a school bus 33 which exceeds a limit established under this section by ten 34 miles an hour or less commits a simple misdemeanor punishable 35 -41- LSB 2124SC (1) 87 lh/rj 41/ 94
S.F. _____ as a scheduled violation under section 805.8A, subsection 1 10 . A person who violates any other provision of this section 2 commits a simple misdemeanor. 3 Sec. 96. Section 321.463, subsection 5, paragraph a, 4 unnumbered paragraph 1, Code 2017, is amended to read as 5 follows: 6 The maximum gross weight allowed to be carried on a vehicle 7 or combination of vehicles on highways which are part of the 8 primary road system is as follows: 9 Sec. 97. Section 321G.13, subsection 2, paragraph b, 10 subparagraph (1), Code 2017, is amended to read as follows: 11 (1) A person may operate or ride on a snowmobile with a 12 loaded firearm, whether concealed or not, without a permit to 13 carry weapons, if the person operates or rides on land owned or 14 possessed by the person, and the person’s conduct is otherwise 15 lawful. 16 Sec. 98. Section 321G.13, subsection 2, paragraph b, 17 subparagraph (2), unnumbered paragraph 1, Code 2017, is amended 18 to read as follows: 19 If a person is operating or riding on a snowmobile on land 20 that is not owned or possessed by the person, the person may 21 operate or ride the snowmobile with a loaded firearm, whether 22 concealed or not, if all of the following apply: 23 Sec. 99. Section 321I.14, subsection 2, paragraph b, 24 subparagraph (1), Code 2017, is amended to read as follows: 25 (1) A person may operate or ride on an all-terrain vehicle 26 with a loaded firearm, whether concealed or not, without a 27 permit to carry weapons, if the person operates or rides on 28 land owned or possessed by the person, and the person’s conduct 29 is otherwise lawful. 30 Sec. 100. Section 321I.14, subsection 2, paragraph b, 31 subparagraph (2), unnumbered paragraph 1, Code 2017, is amended 32 to read as follows: 33 If a person is operating or riding on an all-terrain 34 vehicle on land that is not owned or possessed by the person, 35 -42- LSB 2124SC (1) 87 lh/rj 42/ 94
S.F. _____ the person may operate or ride the all-terrain vehicle with 1 a loaded firearm, whether concealed or not, if all of the 2 following apply: 3 Sec. 101. Section 325A.1, subsection 13, Code 2017, is 4 amended to read as follows: 5 13. “Private carrier” means a person who provides 6 transportation of property or passengers by motor vehicle , 7 is not a for-hire motor carrier or a transportation network 8 company or a transportation network company driver, as 9 defined in section 321N.1 , or who transports commodities 10 of which the person is the owner, lessee, or bailee and 11 the transportation is a furtherance of the person’s primary 12 business or occupation , but is not a for-hire motor carrier or 13 a transportation network company or a transportation network 14 company driver, as defined in section 321N.1 . 15 Sec. 102. Section 331.655, subsection 1, paragraph a, Code 16 2017, is amended to read as follows: 17 a. For serving a notice and returning it, for the first 18 person served, fifteen dollars, and for each additional person, 19 fifteen dollars , except that the fee for serving additional 20 persons in the same household shall be ten dollars for each 21 additional service, or if the service of notice cannot be 22 made or several attempts are necessary, the repayment of all 23 necessary expenses actually incurred by the sheriff while 24 attempting in good faith to serve the notice. 25 Sec. 103. Section 331.910, subsection 4, paragraph f, Code 26 2017, is amended to read as follows: 27 f. While in the receiving state pursuant to a contract 28 under this subsection , a person detained, committed, or placed 29 under the laws of a sending state shall be subject to all laws 30 and regulations of the receiving state, except those laws and 31 regulations with respect to the involuntary civil commitment 32 of the person due to a mental illness or substance-related 33 disorder. A person shall not be sent to a receiving state 34 pursuant to a contract under this section subsection until the 35 -43- LSB 2124SC (1) 87 lh/rj 43/ 94
S.F. _____ receiving state has enacted a law recognizing the validity and 1 applicability of this subsection . 2 Sec. 104. Section 364.2, subsection 4, paragraph b, Code 3 2017, is amended to read as follows: 4 b. Such an ordinance shall not become effective unless 5 approved at an election. The proposal may be submitted by the 6 council on its own motion to the voters at any city election. 7 Upon receipt of a valid petition as defined in meeting the 8 requirements of section 362.4 requesting that a proposal be 9 submitted to the voters, the council shall submit the proposal 10 at the next regular city election or at a special election 11 called for that purpose before the next regular city election. 12 However, the city council may dispense with such election as 13 to the grant, amendment, extension, or renewal of an electric 14 light and power, heating, or gasworks franchise unless there is 15 a valid petition requesting submission of the proposal to the 16 voters, or the party seeking such franchise, grant, amendment, 17 extension, or renewal requests an election. If a majority of 18 those voting approves the proposal, the city may proceed as 19 proposed. The complete text of the ordinance shall be included 20 on the ballot if conventional paper ballots are used. If 21 an optical scan voting system is used, the proposal shall be 22 stated on the optical scan ballot, and the full text of the 23 ordinance posted for the voters pursuant to section 52.25 . All 24 absentee voters shall receive the full text of the ordinance. 25 Sec. 105. Section 372.13, subsection 11, paragraph a, Code 26 2017, is amended to read as follows: 27 a. Council members shall be elected according to the council 28 representation plans under sections 372.4 and 372.5 . However, 29 the council representation plan may be changed, by petition 30 and election, to one of those described in this subsection . 31 Upon receipt of a valid petition , as defined in meeting the 32 requirements of section 362.4 , requesting a change to a council 33 representation plan, the council shall submit the question at 34 a special election. If a majority of the persons voting at 35 -44- LSB 2124SC (1) 87 lh/rj 44/ 94
S.F. _____ the special election approves the changed plan, it becomes 1 effective at the beginning of the term following the next 2 regular city election. If a majority does not approve the 3 changed plan, the council shall not submit another proposal to 4 change a plan to the voters within the next two years. 5 Sec. 106. Section 376.2, subsection 2, Code 2017, is amended 6 to read as follows: 7 2. Except as otherwise provided by state law or the city 8 charter, terms for elective offices are two years. However, 9 the term of an elective office may be changed to two or four 10 years by petition and election. Upon receipt of a valid 11 petition as defined in meeting the requirements of section 12 362.4 , requesting that the term of an elective office be 13 changed, the council shall submit the question at a special 14 election. If a majority of the persons voting at the special 15 election approves the changed term, it becomes effective at the 16 beginning of the term following the next regular city election. 17 If a majority does not approve the changed term, the council 18 shall not submit the same proposal to the voters within the 19 next four years. 20 Sec. 107. Section 384.31, Code 2017, is amended to read as 21 follows: 22 384.31 Negotiable. 23 General obligation bonds issued pursuant to this part 24 division are negotiable instruments. 25 Sec. 108. Section 384.44, Code 2017, is amended to read as 26 follows: 27 384.44 Estimated cost. 28 The estimated total cost of any public improvement 29 constructed under this part division must include all of the 30 items of cost listed in section 384.37, subsection 26 , which 31 the council proposes to include as a part of the cost of the 32 public improvement, and may include an item to be known as the 33 default fund amounting to not more than ten percent of the 34 portion of the total cost of the improvement which the council 35 -45- LSB 2124SC (1) 87 lh/rj 45/ 94
S.F. _____ proposes to assess against specially benefited property. 1 Sec. 109. Section 384.66, subsection 4, Code 2017, is 2 amended to read as follows: 3 4. No action may be brought questioning the regularity 4 of the proceedings pertaining to special assessments or the 5 validity of any special assessment levied for any public 6 improvement under this part division , from and after sixty 7 days after the final publication of notice of filing the final 8 assessment schedule. 9 Sec. 110. Section 384.76, Code 2017, is amended to read as 10 follows: 11 384.76 Application to joint undertakings. 12 The provisions of this division apply to any public 13 improvement undertaken jointly by the city and another city or 14 by the city and the state or any other political subdivision 15 of the state, and a city may enter into an agreement for such 16 purpose under the provisions of chapter 28E and may assess and 17 pay its portion of the cost of a public improvement as provided 18 in this division , but any requirement of this part division 19 in respect to approval of detailed plans and specifications, 20 calling for construction bids, awarding construction contracts 21 and acceptance of the completed improvement may be carried 22 out by each city with other cities, the state or any other 23 political subdivision of the state, as provided in an 24 agreement entered into as permitted by chapter 28E . However, 25 an agreement between the city and the state department of 26 transportation is also governed by the provisions of sections 27 313.21 to 313.23 . 28 Sec. 111. Section 403A.10, Code 2017, is amended to read as 29 follows: 30 403A.10 Tax exemption and payments in lieu of taxes. 31 The property acquired or held pursuant to this chapter is 32 declared to be public property used exclusively for essential 33 city, or municipal public and governmental purposes and such 34 property is hereby declared to be exempt from all taxes and 35 -46- LSB 2124SC (1) 87 lh/rj 46/ 94
S.F. _____ special assessments of the state or of any state public body. 1 In lieu of taxes on such property a municipality may agree to 2 make payments to the state or a state public body (including 3 itself) , including to the municipality, as it finds consistent 4 with the maintenance of the low-rent character of housing 5 projects and the achievement of the purposes of this chapter . 6 Sec. 112. Section 403A.12, Code 2017, is amended to read as 7 follows: 8 403A.12 Bonds. 9 1. A municipality shall have power to issue bonds from 10 time to time in its discretion, for any of the purposes of 11 this chapter . A municipality shall also have power to issue 12 refunding bonds for the purpose of paying or retiring bonds 13 previously issued by it. A municipality may issue such types 14 of bonds as it may determine, including (without limiting the 15 generality of the foregoing) bonds on which the principal and 16 interest are payable exclusively from the income and revenues 17 of the project financed with the proceeds of such bonds, or 18 exclusively from the income and revenues of certain designated 19 housing projects whether or not they are financed in whole 20 or in part with the proceeds of such bonds. Any such bonds 21 may be additionally secured by a pledge of any loan, grant or 22 contribution or parts thereof from the federal government or 23 other source, or a pledge of any income or revenues connected 24 with a housing project or a mortgage of any housing project or 25 projects. The authority to issue bonds under this subsection 26 does not limit the municipality’s general authority to issue 27 bonds for any of the purposes of this chapter. 28 2. Neither the governing body of a municipality nor any 29 person executing the bonds shall be liable personally on the 30 bonds by reason of the issuance thereof hereunder. The bonds 31 and other obligations issued under the provisions of this 32 chapter (and such bonds and obligations shall so state on their 33 face) shall be payable solely from the sources provided in this 34 section and shall not constitute an indebtedness within the 35 -47- LSB 2124SC (1) 87 lh/rj 47/ 94
S.F. _____ meaning of any constitutional or statutory debt limitation or 1 restriction. The bonds and obligations shall state on their 2 face that they are payable solely from the sources provided in 3 this section and that they do not constitute an indebtedness 4 within the meaning of any constitutional or statutory debt 5 limitation or restriction. Bonds issued pursuant to this 6 chapter are declared to be issued for an essential public 7 and governmental purpose and to be public instrumentalities 8 and, together with interest thereon and income therefrom, 9 shall be exempt from taxes. The tax exemption provisions of 10 this chapter shall be considered part of the security for the 11 repayment of bonds and shall constitute, by virtue of this 12 chapter and without the necessity of the same being restated 13 in said bonds, a contract between the bondholders and each and 14 every one thereof, including all transferees of said bonds from 15 time to time on the one hand and the respective municipalities 16 issuing said bonds and the state on the other. 17 Sec. 113. Section 403A.18, Code 2017, is amended to read as 18 follows: 19 403A.18 Transfer of possession or title to federal 20 government. 21 In any contract with the federal government for annual 22 contributions to a municipality, the municipality may obligate 23 itself, which obligation shall be specifically enforceable and 24 shall not constitute a mortgage, notwithstanding any other 25 law, to convey to the federal government possession of or 26 title to the housing project to which such contract relates, 27 upon the occurrence of a substantial default as defined in 28 such contract with respect to the covenant or conditions to 29 which the municipality is subject ; and such . The contract may 30 further provide that in case of such conveyance, the federal 31 government may complete, operate, manage, lease, convey, or 32 otherwise deal with the housing project and funds in accordance 33 with the terms of such the contract : Provided , provided that 34 the contract requires that, as soon as practicable after the 35 -48- LSB 2124SC (1) 87 lh/rj 48/ 94
S.F. _____ federal government is satisfied that all defaults with respect 1 to the housing project have been cured and that the housing 2 project will thereafter be operated in accordance with the 3 terms of the contract, the federal government shall reconvey to 4 the municipality the housing project as then constituted. 5 Sec. 114. Section 404A.1, subsection 6, Code 2017, is 6 amended to read as follows: 7 6. “Program” shall mean the historic preservation and 8 cultural and entertainment district tax credit program set 9 forth in this chapter . 10 Sec. 115. Section 404A.2, subsection 1, Code 2017, is 11 amended to read as follows: 12 1. An eligible taxpayer who has entered into an agreement 13 under section 404A.3, subsection 3 , is eligible to receive a 14 historic preservation and cultural and entertainment district 15 tax credit in an amount equal to twenty-five percent of 16 the qualified rehabilitation expenditures of a qualified 17 rehabilitation project that are specified in the agreement. 18 Notwithstanding any other provision of this chapter or any 19 provision in the agreement to the contrary, the amount of the 20 tax credits shall not exceed twenty-five percent of the final 21 qualified rehabilitation expenditures verified by the authority 22 pursuant to section 404A.3, subsection 5 , paragraph “c” . 23 Sec. 116. Section 404A.3, subsection 1, paragraph a, Code 24 2017, is amended to read as follows: 25 a. An eligible taxpayer seeking historic preservation and 26 cultural and entertainment district tax credits provided in 27 section 404A.2 shall make application to the authority in the 28 manner prescribed by the authority. 29 Sec. 117. Section 404A.5, subsection 2, Code 2017, is 30 amended to read as follows: 31 2. An annual report shall be filed which shall include 32 but is not limited to data on the number and potential value 33 of qualified rehabilitation projects begun during the latest 34 twelve-month period, the total historic preservation and 35 -49- LSB 2124SC (1) 87 lh/rj 49/ 94
S.F. _____ cultural and entertainment district tax credits originally 1 awarded or tax credit certificates originally issued during 2 that period, the potential reduction in state tax revenues 3 as a result of all awarded or issued tax credits still 4 unclaimed and eligible for refund, and the potential increase 5 in local property tax revenues as a result of the qualified 6 rehabilitation projects. 7 Sec. 118. Section 411.7, subsection 1, Code 2017, is amended 8 to read as follows: 9 1. The board of trustees is the trustee of the fire 10 and police retirement fund created in section 411.8 and 11 shall annually establish an investment policy to govern the 12 investment and reinvestment of the moneys in the fund, subject 13 to the terms, conditions, limitations, and restrictions