House File 679 - Introduced HOUSE FILE 679 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO HSB 203) 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 retroactive applicability provisions. 6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 7 TLSB 1777HV (1) 88 lh/jh

H.F. 679 DIVISION I 1 MISCELLANEOUS CHANGES 2 Section 1. Section 1.14, Code 2019, is amended to read as 3 follows: 4 1.14 Tribal ordinances or customs enforced. 5 Any tribal ordinance or custom heretofore or hereafter 6 adopted by the governing council of the Sac and Fox Indian 7 settlement in Tama county in the exercise of any authority 8 which it may possess shall, if not inconsistent with any 9 applicable civil law of the state, be given full force and 10 effect in the determination of civil causes of action pursuant 11 to sections 1.12 , 1.13 , this section , and 1.15 . 12 Sec. 2. Section 8.33, Code 2019, is amended to read as 13 follows: 14 8.33 Time limit on obligations —— reversion. 15 1. No obligation of any kind shall be incurred or created 16 subsequent to the last day of the fiscal year for which 17 an appropriation is made, except when specific provision 18 otherwise is made in the Act making the appropriation. On 19 August 31, or as otherwise provided in an appropriation Act, 20 following the close of each fiscal year, all unencumbered or 21 unobligated balances of appropriations made for that fiscal 22 term revert to the state treasury and to the credit of the 23 funds from which the appropriations were made, except that 24 capital expenditures for the purchase of land or the erection 25 of buildings or new construction continue in force until the 26 attainment of the object or the completion of the work for 27 which the appropriations were made unless the Act making an 28 appropriation for the capital expenditure contains a specific 29 provision relating to a time limit for incurring an obligation 30 or reversion of funds. This section does not repeal sections 31 7D.11 through 7D.14 . 32 2. No A payment of an obligation for goods and services 33 shall not be charged to an appropriation subsequent to the last 34 day of the fiscal year for which the appropriation is made 35 -1- LSB 1777HV (1) 88 lh/jh 1/ 135

H.F. 679 unless the goods or services are received on or before the last 1 day of the fiscal year, except that repair projects, purchase 2 of specialized equipment and furnishings, and other contracts 3 for services and capital expenditures for the purchase of land 4 or the erection of buildings or new construction or remodeling, 5 which were committed and in progress prior to the end of the 6 fiscal year are excluded from this provision subsection . 7 Sec. 3. Section 8.35A, subsection 2, Code 2019, is amended 8 to read as follows: 9 2. Commencing October 1, the director shall provide weekly 10 budget tapes data files in the form and level of detail 11 requested by the legislative services agency reflecting 12 finalized agency budget requests for the following fiscal year 13 as submitted to the governor. The director shall transmit 14 all agency requests in final form to the legislative services 15 agency by November 15. Final budget records containing the 16 governor’s recommendation and final agency requests shall be 17 transmitted to the legislative services agency by January 18 1 or no later than the date the governor’s budget document 19 is delivered to the printer. The governor’s recommendation 20 included on this record shall be considered confidential by 21 the legislative services agency until it is made public by 22 the governor. The legislative services agency shall use this 23 data in the preparation of information for the legislative 24 appropriation process. 25 Sec. 4. Section 8.38, Code 2019, is amended to read as 26 follows: 27 8.38 Misuse of appropriations. 28 No A state department, institution, or agency, or any board 29 member, commissioner, director, manager, or other person 30 connected with any such department, institution, or agency, 31 shall not expend funds or approve claims in excess of the 32 appropriations made thereto, nor expend funds for any purpose 33 other than that for which the money was appropriated, except 34 as otherwise provided by law. A violation of the foregoing 35 -2- LSB 1777HV (1) 88 lh/jh 2/ 135

H.F. 679 provision this section shall make any person violating same, 1 committing or consenting to the violation of same liable to the 2 state for such the sum so expended together with interest and 3 costs, which shall be recoverable in an action to be instituted 4 by the attorney general for the use of the state , which . The 5 action may be brought in any county of the state. 6 Sec. 5. Section 8.46, subsection 4, Code 2019, is amended 7 to read as follows: 8 4. A contract for construction by a private party of 9 property to be lease-purchased by a state agency is a contract 10 for a public improvement as defined in section 26.2 and is a 11 lease-purchase arrangement for purposes of this section . If 12 the estimated cost of the property to be lease-purchased that 13 is renovated, repaired, or involves new construction exceeds 14 the competitive bid threshold in section 26.3 , the state agency 15 shall comply with the competitive bidding requirements of 16 section 26.3 . 17 Sec. 6. Section 8.57B, subsection 1, Code 2019, is amended 18 to read as follows: 19 1. A water quality infrastructure fund is created within 20 the division of soil conservation and water quality of the 21 department of agriculture and land stewardship. The fund shall 22 consist of moneys transferred deposited in the fund pursuant 23 to section 8.57, subsection 5 , paragraph “f” , subparagraph 24 (1), subparagraph division (c), moneys transferred to the fund 25 pursuant to section 423G.6 , and appropriations made to the fund 26 and transfers of interest, earnings, and moneys from other 27 funds as provided by law. 28 Sec. 7. Section 8A.315, subsection 5, Code 2019, is amended 29 to read as follows: 30 5. Information on recycled content shall be requested on all 31 bids for paper products other than printing and writing paper 32 issued by the state and on other bids for products which could 33 have recycled content such as oil, plastic products, including 34 but not limited to compost materials, aggregate, solvents, 35 -3- LSB 1777HV (1) 88 lh/jh 3/ 135

H.F. 679 soybean-based inks, and rubber products. Except for purchases 1 of printing and writing paper made pursuant to subsection 2 , 2 paragraphs “c” , “d” , and “e” , the department shall require 3 persons submitting bids for printing and writing paper to 4 certify that the printing and writing paper proposed complies 5 with the requirements referred to in subsection 2 , paragraph 6 “a” . 7 Sec. 8. Section 9A.105, subsections 2, 3, and 4, Code 2019, 8 are amended to read as follows: 9 2. Instead of proceeding under subsection 1 , an individual 10 registered as an athlete agent in another state may apply for 11 registration as an athlete agent in this state by submitting to 12 the secretary of state all of the following: 13 a. A copy of the application for registration in another 14 state. 15 b. A statement that identifies any material change in the 16 information on the application or verifies there is no material 17 change in the information, signed under penalty of perjury. 18 c. A copy of the certificate of registration from the other 19 state. 20 3. The secretary of state shall issue a certificate of 21 registration to an individual who applies for registration 22 under subsection 2 if the secretary of state determines all of 23 the following: 24 a. The application and registration requirements of the 25 other state are substantially similar to or more restrictive 26 than this chapter . 27 b. The registration has not been revoked or suspended and 28 no action involving the individual’s conduct as an athlete 29 agent is pending against the individual or the individual’s 30 registration in any state. 31 4. For purposes of implementing subsection 3 , the secretary 32 of state shall do all of the following: 33 a. Cooperate with national organizations concerned with 34 athlete agent issues and agencies in other states which 35 -4- LSB 1777HV (1) 88 lh/jh 4/ 135

H.F. 679 register athlete agents to develop a common registration form 1 and determine which states have laws that are substantially 2 similar to or more restrictive than this chapter . 3 b. Exchange information, including information related 4 to actions taken against registered athlete agents or their 5 registrations, with those organizations and agencies. 6 Sec. 9. Section 9A.106, subsections 2 and 3, Code 2019, are 7 amended to read as follows: 8 2. The secretary of state may refuse to issue a certificate 9 of registration to an applicant for registration under section 10 9A.105, subsection 1 , if the secretary of state determines 11 that the applicant has engaged in conduct that significantly 12 adversely reflects on the applicant’s fitness to act as an 13 athlete agent. In making the determination, the secretary of 14 state may consider whether the applicant has done any of the 15 following: 16 a. Pleaded guilty or no contest to, has been convicted of, 17 or has charges pending for, a crime that would involve moral 18 turpitude or be a felony if committed in this state. 19 b. Made a materially false, misleading, deceptive, or 20 fraudulent representation in the application or as an athlete 21 agent. 22 c. Engaged in conduct that would disqualify the applicant 23 from serving in a fiduciary capacity. 24 d. Engaged in conduct prohibited by section 9A.114 . 25 e. Had a registration as an athlete agent suspended, 26 revoked, or denied in any state. 27 f. Been refused renewal of registration as an athlete agent 28 in any state. 29 g. Engaged in conduct resulting in imposition of a sanction, 30 suspension, or declaration of ineligibility to participate in 31 an interscholastic, intercollegiate, or professional athletic 32 event on a student athlete or a sanction on an educational 33 institution. 34 h. Engaged in conduct that adversely reflects on the 35 -5- LSB 1777HV (1) 88 lh/jh 5/ 135

H.F. 679 applicant’s credibility, honesty, or integrity. 1 3. In making a determination under subsection 2 , the 2 secretary of state shall consider all of the following: 3 a. How recently the conduct occurred. 4 b. The nature of the conduct and the context in which it 5 occurred. 6 c. Other relevant conduct of the applicant. 7 Sec. 10. Section 9A.110, subsection 2, Code 2019, is amended 8 to read as follows: 9 2. An agency contract shall contain all of the following 10 information: 11 a. A statement that the agent is registered as an athlete 12 agent in this state and a list of any other states in which the 13 agent is registered as an athlete agent. 14 b. The amount and method of calculating the consideration to 15 be paid by the student athlete for services to be provided by 16 the agent under the contract and any other consideration the 17 agent has received or will receive from any other source for 18 entering into the contract or providing the services. 19 c. The name of any person not listed in the agent’s 20 application for registration or renewal of registration which 21 will be compensated because the athlete signed the contract. 22 d. A description of any expenses the athlete agrees to 23 reimburse. 24 e. A description of the services to be provided to the 25 athlete. 26 f. The duration of the contract. 27 g. The date of execution. 28 Sec. 11. Section 9A.113, subsection 1, Code 2019, is amended 29 to read as follows: 30 1. An athlete agent shall create and retain for five years 31 records of all of the following: 32 a. The name and address of each individual represented by 33 the agent. 34 b. Each agency contract entered into by the agent. 35 -6- LSB 1777HV (1) 88 lh/jh 6/ 135

H.F. 679 c. The direct costs incurred by the agent in the recruitment 1 or solicitation of each student athlete to enter into an agency 2 contract. 3 Sec. 12. Section 16.134A, subsection 3, unnumbered 4 paragraph 1, Code 2019, is amended to read as follows: 5 For each fiscal year in the fiscal period beginning July 6 1, 2018, and ending June 30, 2029, there is appropriated the 7 following percentages of the balance of the fund for the 8 following purposes: 9 Sec. 13. Section 16.154, subsection 1, unnumbered paragraph 10 1, Code 2019, is amended to read as follows: 11 An eligible entity may apply to the authority for financial 12 assistance under the program by submitting a plan that meets 13 all of the following requirements: 14 Sec. 14. Section 16.154, subsection 3, Code 2019, is amended 15 to read as follows: 16 3. An If an application by an eligible entity is approved , 17 the eligible entity shall may enter into an agreement with 18 the authority for the provision of financial assistance. 19 The agreement shall include standard terms for the receipt 20 of program moneys and any other terms the authority deems 21 necessary or convenient for the efficient administration of the 22 program. 23 Sec. 15. Section 17A.4B, subsection 1, paragraph c, Code 24 2019, is amended by striking the paragraph. 25 Sec. 16. Section 24.27, Code 2019, is amended to read as 26 follows: 27 24.27 Protest to budget. 28 1. Not later than March 25 , or April 25 if the municipality 29 is a school district, a number of persons in any municipality 30 equal to one-fourth of one percent of those voting for the 31 office of governor, at the last general election in the 32 municipality, but the number shall not be less than ten, and 33 the number need not be more than one hundred persons, who are 34 affected by any proposed budget, expenditure or tax levy, 35 -7- LSB 1777HV (1) 88 lh/jh 7/ 135

H.F. 679 or by any item thereof, may appeal from any decision of the 1 certifying board or the levying board by filing with the county 2 auditor of the county in which the municipal corporation is 3 located, a written protest setting forth their objections to 4 the budget, expenditure or tax levy, or to one or more items 5 thereof, and the grounds for their objections. If a budget 6 is certified after March 15 , or April 15 in the case of a 7 school district, all appeal time limits shall be extended to 8 correspond to allowances for a timely filing. 9 2. Upon the filing of a protest, the county auditor shall 10 immediately prepare a true and complete copy of the written 11 protest, together with the budget, proposed tax levy or 12 expenditure to which objections are made, and shall transmit 13 them forthwith to the state board, and shall also send a copy 14 of the protest to the certifying board or to the levying board, 15 as the case may be. 16 Sec. 17. Section 26.2, subsection 3, Code 2019, is amended 17 to read as follows: 18 3. a. “Public improvement” means a building or construction 19 work which that is constructed under the control of a 20 governmental entity and for which either of the following 21 applies: 22 (1) Has been paid for in whole or in part with funds of the 23 governmental entity. 24 (2) A commitment has been made prior to construction by the 25 governmental entity to pay for the building or construction 26 work in whole or in part with funds of the governmental entity. 27 b. “Public improvement” includes a building or improvement 28 constructed or operated jointly with any other public or 29 private agency, but excludes urban all of the following: 30 (1) Urban renewal demolition and low-rent housing projects , 31 industrial . 32 (2) Industrial aid projects authorized under chapter 419 , 33 emergency . 34 (3) Emergency work or repair or maintenance work performed 35 -8- LSB 1777HV (1) 88 lh/jh 8/ 135

H.F. 679 by employees of a governmental entity , and excludes a . 1 (4) A highway, bridge, or culvert project , and excludes 2 construction . 3 (5) Construction or repair or maintenance work performed 4 for a city utility under chapter 388 by its employees or 5 performed for a rural water district under chapter 357A by its 6 employees. 7 Sec. 18. Section 29A.12A, subsection 3, Code 2019, is 8 amended to read as follows: 9 3. There is no liability to the state of Iowa under this 10 section . Members of the governing body of the activity shall 11 not be held to any personal or individual liability personally 12 or individually liable for any action taken by them under this 13 chapter . 14 Sec. 19. Section 29A.57, subsection 7, Code 2019, is amended 15 to read as follows: 16 7. There is no liability to the state of Iowa under 17 this section . Members of the armory board and of the state 18 executive council shall not be held to any personal or 19 individual liability personally or individually liable for any 20 action taken by them under this chapter . 21 Sec. 20. Section 43.20, subsection 1, paragraphs a, b, and 22 c, Code 2019, are amended to read as follows: 23 a. If for governor, or United States senator, by at least 24 one percent of the voters of the candidate’s party, in each of 25 at least ten counties of the state, and in the aggregate by 26 not less than one-half of one percent of the total vote of the 27 candidate’s party in the state, as shown by the last general 28 election. 29 b. If for any other state office, by at least fifty 30 signatures in each of at least ten counties of the state, and 31 in the aggregate by not less than one thousand signatures. 32 c. If for a representative in Congress, in districts 33 composed of more than one county, by at least two percent of 34 the voters of the candidate’s party, as shown by the last 35 -9- LSB 1777HV (1) 88 lh/jh 9/ 135

H.F. 679 general election, in each of at least one-half of the counties 1 of the district, and in the aggregate by not less than one 2 percent of the total vote of the candidate’s party in such 3 district, as shown by the last general election. If for a 4 representative in the general assembly, by not less than fifty 5 voters of the representative district; and if for a senator in 6 the general assembly, by not less than one hundred voters of 7 the senatorial district. 8 Sec. 21. Section 44.9, subsection 3, Code 2019, is amended 9 to read as follows: 10 3. In the office of the proper appropriate school board 11 secretary, at least thirty-five days before the day of a 12 regularly scheduled school election. 13 Sec. 22. Section 49.58, subsection 2, Code 2019, is amended 14 to read as follows: 15 2. Each candidate for that office whose name appeared 16 on the general election ballot shall also be a candidate for 17 the office in the special election, except that the deceased 18 candidate’s political party may designate another candidate in 19 substantially the manner provided by section 43.78 for filling 20 vacancies on the general election ballot. However, a political 21 party which did not have a candidate on the general election 22 ballot for the office in question may similarly designate a 23 candidate for that office in the special election. The name 24 of any replacement or additional candidate so designated shall 25 be submitted in writing to the state commissioner, or the 26 commissioner in the case of a candidate for county supervisor, 27 not later than 5:00 p.m. on the first Tuesday after the date of 28 the general election. No other candidate whose The name of a 29 candidate that did not appear on the general election ballot 30 as a candidate for the office in question shall not be placed 31 on the ballot for the special election, in any manner. The 32 special election shall be held and canvassed in the manner 33 prescribed by law for the general election. 34 Sec. 23. Section 49.102, Code 2019, is amended to read as 35 -10- LSB 1777HV (1) 88 lh/jh 10/ 135

H.F. 679 follows: 1 49.102 Defective ballots. 2 Said defective ballots Ballots containing a defect described 3 in section 49.101 shall be counted for the candidate or 4 candidates for such offices named in the nomination papers, 5 certificate of nomination, or certified abstract. 6 Sec. 24. Section 49.103, Code 2019, is amended to read as 7 follows: 8 49.103 Wrong ballots. 9 Said wrong ballots Ballots containing an error described in 10 section 49.101 shall be counted as cast for all candidates for 11 whom the voter had the right to vote, and for whom the voter did 12 vote. 13 Sec. 25. Section 53.26, Code 2019, is amended to read as 14 follows: 15 53.26 Rejected ballots —— how handled. 16 1. Every ballot not counted shall be endorsed on the back 17 thereof with the following: 18 “Rejected Rejected because (giving reason therefor)” 19 therefor) . 20 2. All rejected ballots shall be enclosed and securely 21 sealed in an envelope on which the precinct election officials 22 shall endorse “Defective ballots”, with a statement of signed 23 by the precinct election officials regarding the precinct in 24 which and the date of the election at which they were cast , and 25 be signed by the precinct election officials and . The envelope 26 shall be returned to the same officer and in the same manner 27 as by law provided for the return and preservation of official 28 ballots voted at such election. 29 Sec. 26. Section 59.5, Code 2019, is amended to read as 30 follows: 31 59.5 Statement and depositions —— notice. 32 The secretary shall deliver the same unopened papers 33 described in section 59.4 to the presiding officer of the house 34 in which the contest is to be tried, on or before the second 35 -11- LSB 1777HV (1) 88 lh/jh 11/ 135

H.F. 679 day of the session, regular or special, of the general assembly 1 next after taking the depositions , and the . The presiding 2 officer shall immediately give notice to that officer’s house 3 that such papers are in the officer’s possession. 4 Sec. 27. Section 66.10, Code 2019, is amended to read as 5 follows: 6 66.10 Governor to direct filing. 7 The governor shall direct the attorney general to file such 8 a petition for removal against any of said officers public 9 officer whenever the governor has reasonable grounds for 10 such direction. The attorney general shall comply with such 11 direction and prosecute such the action. 12 Sec. 28. Section 66.15, Code 2019, is amended to read as 13 follows: 14 66.15 Order by appointed judge. 15 Upon the receipt of such a commission issued pursuant to 16 section 66.14 , said the judge shall immediately make an order 17 fixing a time and place of hearing in the county in which the 18 petition is filed. Said time The hearing date shall not be not 19 less than ten days nor more than twenty days from the date of 20 the order. 21 Sec. 29. Section 66.16, Code 2019, is amended to read as 22 follows: 23 66.16 Filing order —— effect. 24 Said The order for hearing issued pursuant to section 66.15 25 shall be forwarded to the clerk of the district court of the 26 county in which the hearing is to be had. Said The time and 27 place for the hearing specified in the order shall supersede 28 the time and place specified in any notice already served. 29 Sec. 30. Section 66.17, Code 2019, is amended to read as 30 follows: 31 66.17 Notice to accused. 32 The clerk shall file said the order issued pursuant to 33 section 66.15 , and forthwith give the defendant, by mail, 34 notice of the time and place of hearing. 35 -12- LSB 1777HV (1) 88 lh/jh 12/ 135

H.F. 679 Sec. 31. Section 66.30, Code 2019, is amended to read as 1 follows: 2 66.30 Ordinance. 3 The council may, by ordinance, provide as to the manner of 4 preferring and hearing such charges filed pursuant to section 5 66.29 . No A person shall not be twice removed twice by the 6 council from the same office for the same offense. Proceedings 7 before the council shall not be a bar to proceedings in the 8 district court as provided in this chapter provided . 9 Sec. 32. Section 69.16, subsection 2, Code 2019, is amended 10 to read as follows: 11 2. In the case where the appointment of members of the 12 general assembly is allowed, and the law does not otherwise 13 provide, if an even number of legislators are appointed they 14 shall be equally divided by political party affiliation; if an 15 odd number of members of the general assembly are appointed, 16 the number representing a certain political party shall not 17 exceed by more than one the number of legislative members of 18 the other political party who may be appointed by more than 19 one . 20 Sec. 33. Section 76.2, subsection 1, paragraph b, Code 2019, 21 is amended to read as follows: 22 b. If the resolution is filed prior to April 1 , or May 1 , if 23 the political subdivision is a school district, the annual levy 24 shall begin with the tax levy for collection commencing July 25 1 of that year. If the resolution is filed after April 1 , or 26 May 1 , in the case of a school district, the annual levy shall 27 begin with the tax levy for collection in the next succeeding 28 fiscal year. However, the governing authority of a political 29 subdivision may adjust a levy of taxes made under this section 30 for the purpose of adjusting the annual levies and collections 31 for property severed from the political subdivision, subject to 32 the approval of the director of the department of management. 33 Sec. 34. Section 84A.2, subsection 12, paragraph b, Code 34 2019, is amended to read as follows: 35 -13- LSB 1777HV (1) 88 lh/jh 13/ 135

H.F. 679 b. “Industry or sector partnership” may include 1 representatives of state or local government, state or 2 local economic development agencies , the state workforce 3 development board, local workforce development boards, the 4 department of workforce development or another entity providing 5 employment services, state or local agencies, business or trade 6 associations, economic development organizations, nonprofit 7 organizations, community-based organizations, philanthropic 8 organizations, industry associations, and other organizations, 9 as determined to be necessary by the members comprising the 10 industry or sector partnership. 11 Sec. 35. Section 85.37, subsection 1, Code 2019, is amended 12 to read as follows: 13 1. If an employee receives a personal injury causing 14 temporary total disability, or causing a permanent partial 15 disability for which compensation is payable during a healing 16 period, compensation for the temporary total disability or for 17 the healing period shall be upon the basis provided in this 18 section . The weekly benefit amount payable to any employee 19 for any one week shall be upon the basis of eighty percent 20 of the employee’s weekly spendable earnings, but shall not 21 exceed an amount, rounded to the nearest dollar, equal to 22 sixty-six and two-thirds percent of the statewide average 23 weekly wage paid employees as determined by the department of 24 workforce development under section 96.19, subsection 36 , and 25 in effect at the time of the injury. However, as of July 1, 26 1975; July 1, 1977; July 1, 1979; and July 1, 1981, the maximum 27 weekly benefit amount rounded to the nearest dollar shall be 28 increased so that it equals one hundred percent, one hundred 29 thirty-three and one-third percent, one hundred sixty-six and 30 two-thirds percent, and two hundred percent , respectively, 31 of the statewide average weekly wage as determined above in 32 this section . Total weekly compensation for any employee 33 shall not exceed eighty percent per week of the employee’s 34 weekly spendable earnings. The minimum weekly benefit amount 35 -14- LSB 1777HV (1) 88 lh/jh 14/ 135

H.F. 679 shall be equal to the weekly benefit amount of a person whose 1 gross weekly earnings are thirty-five percent of the statewide 2 average weekly wage, or to the spendable weekly earnings of the 3 employee, whichever are less. 4 Sec. 36. Section 85A.26, Code 2019, is amended to read as 5 follows: 6 85A.26 Insurance contracts. 7 No policy of insurance in effect at the time of the enactment 8 of this chapter on October 1, 1947, covering the liability 9 of an employer under the workers’ compensation law, shall be 10 construed to cover the liability of such employer under this 11 chapter for any occupational disease unless such liability 12 is expressly accepted by the insurance carrier issuing such 13 policy and is endorsed thereon on the policy . The insurance or 14 security in force to cover compensation liability under this 15 chapter shall be separate and distinct from the insurance or 16 security under the workers’ compensation law and any insurance 17 contract covering liability under either this chapter or the 18 workers’ compensation law need not cover any liability under 19 the other. 20 Sec. 37. Section 86.11, Code 2019, is amended to read as 21 follows: 22 86.11 Reports of injuries. 23 Every employer shall hereafter keep a record of all 24 injuries, fatal or otherwise, alleged by an employee to have 25 been sustained in the course of the employee’s employment 26 and resulting in incapacity for a longer period than one 27 day. If the injury results only in temporary disability, 28 causing incapacity for a longer period than three days, 29 then within four days thereafter, not counting Sundays and 30 legal holidays, the employer or insurance carrier having had 31 notice or knowledge of the occurrence of such injury and 32 resulting disability shall file a report with the workers’ 33 compensation commissioner in the form and manner required by 34 the commissioner. If such injury to the employee results in 35 -15- LSB 1777HV (1) 88 lh/jh 15/ 135

H.F. 679 permanent total disability, permanent partial disability, or 1 death, then the employer or insurance carrier, upon notice or 2 knowledge of the occurrence of the employment injury, shall 3 file a report with the workers’ compensation commissioner 4 within four days after having notice or knowledge of the 5 permanent injury to the employee or the employee’s death. The 6 report to the workers’ compensation commissioner of injury 7 shall be without prejudice to the employer or insurance 8 carrier and shall not be admitted in evidence or used in any 9 trial or hearing before any court, the workers’ compensation 10 commissioner, or a deputy workers’ compensation commissioner 11 except as to the notice under section 85.23 . 12 Sec. 38. Section 88.1, subsection 3, Code 2019, is amended 13 to read as follows: 14 3. Authorizing the labor commissioner to set mandatory 15 occupational safety and health standards applicable to 16 businesses, and by providing for an adjudicatory process 17 through the employment appeal board within the department of 18 inspections and appeals for carrying out adjudicatory functions 19 under the this chapter. 20 Sec. 39. Section 96.7, subsection 2, paragraph d, 21 subparagraph (1), Code 2019, is amended to read as follows: 22 (1) The current reserve fund ratio is computed by dividing 23 the total funds available for payment of benefits, on the 24 computation date or on August 15 following the computation 25 date if the total funds available for payment of benefits is a 26 higher amount on August 15, by the total wages paid in covered 27 employment excluding reimbursable employment wages during the 28 first four calendar quarters of the five calendar quarters 29 immediately preceding the computation date. However, in 30 computing the current reserve fund ratio the following amounts , 31 beginning July 1, 2007, one hundred fifty million dollars shall 32 be added to the total funds available for payment of benefits 33 on the following computation dates: 34 (a) Twenty million dollars on July 1, 2004. 35 -16- LSB 1777HV (1) 88 lh/jh 16/ 135

H.F. 679 (b) Seventy million dollars on July 1, 2005. 1 (c) One hundred twenty million dollars on July 1, 2006. 2 (d) One hundred fifty million dollars on July 1, 2007, and 3 on each subsequent computation date. 4 Sec. 40. Section 96.16, subsections 1 and 2, Code 2019, are 5 amended to read as follows: 6 1. Penalties. An individual who makes a false statement 7 or representation knowing it to be false or knowingly fails to 8 disclose a material fact, to obtain or increase any benefit or 9 other payment under this chapter , either for the individual or 10 for any other individual, is guilty of a fraudulent practice as 11 defined in sections 714.8 to through 714.14 . The total amount 12 of benefits or payments involved in the completion of or in 13 the attempt to complete a fraudulent practice shall be used in 14 determining the value involved under section 714.14 . 15 2. False statement. Any employing unit or any officer or 16 agent of an employing unit or any other person who makes a 17 false statement or representation knowing it to be false, or 18 who knowingly fails to disclose a material fact, to prevent 19 or reduce the payment of benefits to any individual entitled 20 thereto, or to avoid becoming or remaining subject hereto, 21 or to avoid or reduce any contribution or other payment 22 required from an employing unit under this chapter , or who 23 willfully fails or refuses to make any such contributions or 24 other payment or to furnish any reports required hereunder 25 or to produce or permit the inspection or copying of records 26 as required hereunder, is guilty of a fraudulent practice 27 as defined in sections 714.8 to through 714.14 . The total 28 amount of benefits, contributions, or payments involved in 29 the completion of or in the attempt to complete a fraudulent 30 practice shall be used in determining the value involved under 31 section 714.14 . 32 Sec. 41. Section 100.52, Code 2019, is amended to read as 33 follows: 34 100.52 Grounds for issuance. 35 -17- LSB 1777HV (1) 88 lh/jh 17/ 135

H.F. 679 1. The judicial officer shall review the application and may 1 take sworn testimony or receive affidavits to supplement it the 2 application . 3 2. If the judicial officer is satisfied that there are legal 4 grounds under the circumstances specified in the application 5 and any supplementary testimony taken sufficient to justify the 6 issuance of an inspection warrant, it an inspection warrant 7 shall be issued. 8 Sec. 42. Section 123.38, subsection 1, Code 2019, is amended 9 to read as follows: 10 1. A liquor control license, wine permit, or beer permit 11 is a personal privilege and is revocable for cause. It is not 12 property nor is it subject to attachment and execution nor 13 alienable nor assignable, and it shall cease upon the death 14 of the permittee or licensee. However, the administrator 15 of the division may in the administrator’s discretion allow 16 the executor or administrator of the estate of a permittee 17 or licensee to operate the business of the decedent for a 18 reasonable time not to exceed the expiration date of the permit 19 or license. Every permit or license shall be issued in the 20 name of the applicant and no person holding a permit or license 21 shall allow any other person to use it. 22 Sec. 43. Section 123.38, subsection 2, paragraph a, 23 unnumbered paragraph 1, Code 2019, is amended to read as 24 follows: 25 Any licensee or permittee, or the licensee’s or permittee’s 26 executor or administrator of the estate of a licensee or 27 permittee , or any person duly appointed by the court to take 28 charge of and administer the property or assets of the licensee 29 or permittee for the benefit of the licensee’s or permittee’s 30 creditors, may voluntarily surrender a license or permit to the 31 division. When a license or permit is surrendered the division 32 shall notify the local authority, and the division or the local 33 authority shall refund to the person surrendering the license 34 or permit, a proportionate amount of the fee received by the 35 -18- LSB 1777HV (1) 88 lh/jh 18/ 135