House Study Bill 136 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON HOLT) A BILL FOR An Act relating to nonsubstantive Code corrections. 1 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 2 TLSB 1778HC (12) 88 lh/jh
H.F. _____ DIVISION I 1 MISCELLANEOUS CHANGES 2 Section 1. Section 6B.61, Code 2019, is amended to read as 3 follows: 4 6B.61 Approval of local elected officials required. 5 1. Notwithstanding any provision of law to the contrary, 6 any entity created by or on behalf of one or more political 7 subdivisions and granted, by statute, eminent domain authority 8 to acquire property shall not exercise such authority outside 9 the jurisdictional limits of the political subdivisions 10 participating in the entity at the time of such exercise of 11 authority without first presenting the proposal to acquire 12 such property by eminent domain to the board of supervisors of 13 each county where the property is located and such proposal 14 receives the approval, by resolution, of each applicable board 15 of supervisors. 16 2. a. However, this This section does not apply to an 17 entity created by or on behalf of one or more political 18 subdivisions if the entity is authorized by statute to act 19 as a political subdivision and if this section would limit 20 the ability of the entity to comply with requirements or 21 limitations imposed by the Internal Revenue Code to preserve 22 the tax exemption of interest payable on bonds or obligations 23 of the entity acting as a political subdivision. 24 b. This section does not apply to a person issued a 25 certificate of public convenience, use, and necessity under 26 chapter 476A . 27 c. This section does not apply to property condemned by or 28 on behalf of a multistate entity created to provide drinking 29 water that has received or is receiving federal funds, but only 30 if such property is to be acquired for water transmission and 31 service lines, pump stations, water storage tanks, meter houses 32 and vaults, related appurtenances, or supporting utilities. 33 Sec. 2. Section 9C.1, subsection 1, Code 2019, is amended 34 to read as follows: 35 -1- LSB 1778HC (12) 88 lh/jh 1/ 64
H.F. _____ 1. As used in this chapter , the term “transient merchant” 1 shall mean and include every merchant, whether an individual 2 person, a firm, corporation, partnership , or association, 3 and whether owner, agent, bailee, consignee , or employee, 4 who shall bring or cause to be brought within the state 5 of Iowa any goods, wares , or merchandise of any kind, 6 nature , or description, with the intention of temporarily or 7 intermittently selling or offering to sell at retail such 8 goods, wares , or merchandise within the state of Iowa. The 9 term “transient merchant” shall also mean and include every 10 merchant, whether an individual person, a firm, corporation, 11 partnership , or an association, who shall by itself, or by 12 agent, consignee , or employee temporarily or intermittently 13 engage in or conduct at one or more locations a business within 14 the state of Iowa for the sale at retail of any goods, wares , or 15 merchandise of any nature or description. 16 Sec. 3. Section 9C.3, unnumbered paragraph 1, Code 2019, is 17 amended to read as follows: 18 Any transient merchant desiring a transient merchant’s 19 license shall at least ten days prior to the first day any sale 20 is made, file with the secretary of state of the state of Iowa 21 an application in writing duly verified by the person, firm, 22 corporation, partnership , or association proposing to sell or 23 offer to sell at retail any goods, wares , or merchandise, or to 24 engage in or conduct a temporary or intermittent business for 25 the sale at retail of any goods, wares , or merchandise. The 26 application shall state the following facts: 27 Sec. 4. Section 9C.3, subsections 1, 2, 6, and 7, Code 2019, 28 are amended to read as follows: 29 1. The name, residence , and post office address of the 30 person, firm, corporation, partnership , or association making 31 the application, and if a corporation, the names and addresses 32 of the officers thereof, and if a firm, partnership , or 33 association and not a corporation, the names and addresses of 34 all members thereof. 35 -2- LSB 1778HC (12) 88 lh/jh 2/ 64
H.F. _____ 2. If the application be made by an agent, bailee, 1 consignee , or employee, the application shall so state and set 2 out the name and address of such agent, bailee, consignee , 3 or employee and shall also set out the name and address of 4 the owner of the goods, wares , and merchandise to be sold or 5 offered for sale. 6 6. The date or dates upon which said goods, wares , or 7 merchandise shall be sold or offered for sale, or the date or 8 dates upon which it is the intention of the applicant to engage 9 in or conduct a temporary or intermittent business. 10 7. The location and address where such goods, wares , or 11 merchandise shall be sold or offered for sale, or such business 12 engaged in or conducted. 13 Sec. 5. Section 12C.1, subsection 1, Code 2019, is amended 14 to read as follows: 15 1. a. All funds held by the following officers or 16 institutions shall be deposited in one or more depositories 17 first approved by the appropriate governing body as 18 indicated: for 19 (1) For the treasurer of state, by the executive council ; 20 for . 21 (2) For judicial officers and court employees, by the 22 supreme court ; for . 23 (3) For the county treasurer, recorder, auditor, and 24 sheriff, by the board of supervisors ; for . 25 (4) For the city treasurer or other designated financial 26 officer of a city, by the city council ; for . 27 (5) For the county public hospital or merged area hospital, 28 by the board of hospital trustees ; for . 29 (6) For a memorial hospital, by the memorial hospital 30 commission ; for . 31 (7) For a school corporation, by the board of school 32 directors ; for . 33 (8) For a city utility or combined utility system 34 established under chapter 388 , by the utility board ; and for . 35 -3- LSB 1778HC (12) 88 lh/jh 3/ 64
H.F. _____ (9) For an electric power agency as defined in section 28F.2 1 or 390.9 , by the governing body of the electric power agency. 2 b. However, the treasurer of state and the treasurer of 3 each political subdivision or the designated financial officer 4 of a city shall invest all funds not needed for current 5 operating expenses in time certificates of deposit in approved 6 depositories pursuant to this chapter or in investments 7 permitted by section 12B.10 . The list of public depositories 8 and the amounts severally deposited in the depositories are 9 matters of public record. 10 c. This subsection does not limit the definition of 11 “public funds” contained in subsection 2 . Notwithstanding 12 provisions of this section to the contrary, public funds of 13 a state government deferred compensation plan established by 14 the executive council may also be invested in the investment 15 products authorized under section 509A.12 . 16 Sec. 6. Section 12C.10, Code 2019, is amended to read as 17 follows: 18 12C.10 Investment of funds created by election. 19 The governing council or board, who by law have has control 20 of any fund created by direct vote of the people, may invest 21 any portion of the fund not currently needed, in investments 22 authorized in section 12B.10 . The treasurer of state may 23 invest in any of the investments authorized for the Iowa public 24 employees’ retirement system in section 97B.7A except that 25 investment in common stocks shall not be permitted. Interest 26 or earnings on such funds shall be credited as provided in 27 section 12C.7, subsection 2 . 28 Sec. 7. Section 29A.42, Code 2019, is amended to read as 29 follows: 30 29A.42 Trespass or interference with official acts. 31 1. Any person who shall trespass upon any military 32 reservation, camp, or armory, in violation of the orders of the 33 commander thereof, or officer charged with the responsibility 34 therefor shall be guilty of trespass and shall be punished as 35 -4- LSB 1778HC (12) 88 lh/jh 4/ 64
H.F. _____ provided in section 716.8 . 1 2. Any person who shall molest, or interfere with any member 2 of the national guard, in the discharge of the member’s duty 3 shall be guilty of interference with official acts which is 4 under section 719.1, subsection 1 . The commanding officer of 5 such force may order the arrest of such person and cause the 6 person to be delivered to a peace officer or magistrate. 7 Sec. 8. Section 48A.11, subsection 3, paragraph a, Code 8 2019, is amended to read as follows: 9 a. The following questions and statement regarding 10 eligibility shall be included on forms that may be used for 11 registration by mail: 12 [1] “Are Are you a citizen of the United States of America?” 13 America? 14 [2] “Will Will you be eighteen years of age on or before 15 election day?” day? 16 [3] “If If you checked ‘no’ “no” in response to either of 17 these questions, do not complete this form.” form. 18 Sec. 9. Section 49.5, subsections 2 and 3, Code 2019, are 19 amended to read as follows: 20 2. The council of a city where establishment of more than 21 one precinct is necessary or deemed advisable shall, at the 22 time required by law, divide the city into the number of 23 election precincts as will best serve the convenience of the 24 voters while promoting electoral efficiency. The precinct 25 boundaries shall conform to section 49.3 and shall be described 26 in an ordinance adopted by the council within the time required 27 by section 49.7. 28 3. The precinct boundaries shall conform to section 49.3 29 and shall be described in an ordinance adopted by the council 30 within the time required by section 49.7 . Before final 31 adoption of any change in election precinct boundaries pursuant 32 to this section or section 49.6 , the council shall permit the 33 commissioner not less than seven and not more than ten days’ 34 time to offer written comments to the council on the proposed 35 -5- LSB 1778HC (12) 88 lh/jh 5/ 64
H.F. _____ reprecincting. If the commissioner recommends changes in the 1 proposed reprecincting which the commissioner concludes could 2 better serve the convenience of the voters or could promote 3 electoral efficiency, including lowering election costs, the 4 council shall, if no changes to the reprecincting are made, 5 include reasons in the ordinance for not adopting the proposed 6 changes of the commissioner. A public hearing shall be held 7 before final adoption of the ordinance. Notice of the date, 8 time, and place of the hearing shall be given as provided in 9 chapter 21 . 10 Sec. 10. Section 50.31, Code 2019, is amended to read as 11 follows: 12 50.31 Abstracts for governor and lieutenant governor. 13 1. The envelope containing the abstracts of votes 14 for governor and lieutenant governor shall be endorsed 15 substantially as follows: “Abstract 16 Abstract of votes for governor and lieutenant governor from 17 .... county” county . 18 2. After being so endorsed said , the envelope shall be 19 addressed , “To as follows: 20 To the Speaker of the House of Representatives” 21 Representatives . 22 Sec. 11. Section 50.32, Code 2019, is amended to read as 23 follows: 24 50.32 Endorsement on other envelope. 25 The envelope for offices other than governor and lieutenant 26 governor shall be endorsed substantially in the manner provided 27 in section 50.31 , with changes necessary to indicate the 28 particular offices, and shall be addressed , “To as follows: 29 To the State Commissioner of Elections” Elections . 30 Sec. 12. Section 66.28, Code 2019, is amended to read as 31 follows: 32 66.28 Witness fees. 33 Said witnesses Witnesses , if in the employ of the state, 34 shall not be entitled to any witness fees, but shall receive 35 -6- LSB 1778HC (12) 88 lh/jh 6/ 64
H.F. _____ the mileage allowed witnesses in the district court. Other 1 witnesses shall receive the fees and mileage allowed witnesses 2 in district court. A sum sufficient to pay said the fees and 3 mileage is hereby appropriated out of any unappropriated funds 4 in the state treasury. 5 Sec. 13. Section 88.3, subsection 6, Code 2019, is amended 6 to read as follows: 7 6. “Federal law” means the Act of Congress approved December 8 29, 1970, 84 Stat. 1590, officially cited as the “Occupational 9 Safety and Health Act of 1970 (29 1970”, codified at 29 U.S.C. 10 §651 678)” 678 . 11 Sec. 14. Section 88A.16, subsection 2, paragraph e, Code 12 2019, is amended to read as follows: 13 e. A legend providing that, “State stating the following: 14 State law requires riders to obey all warnings and directions 15 for this amusement ride and behave in a manner that will not 16 cause or contribute to the injury of themselves or others. 17 Riders must report injuries prior to leaving the premises. 18 Failure to comply is punishable by fine.” fine. 19 Sec. 15. Section 96.3, subsection 4, Code 2019, is amended 20 to read as follows: 21 4. Determination of benefits. 22 a. With respect to benefit years beginning on or after 23 July 1, 1983, an eligible individual’s weekly benefit amount 24 for a week of total unemployment shall be an amount equal 25 to the following fractions of the individual’s total wages 26 in insured work paid during that quarter of the individual’s 27 base period in which such total wages were highest ; the . The 28 director shall determine annually a maximum weekly benefit 29 amount equal to the following percentages, to vary with the 30 number of dependents, of the statewide average weekly wage paid 31 to employees in insured work which shall be effective the first 32 day of the first full week in July: 33 If the The weekly Subject to 34 number of benefit amount the following 35 -7- LSB 1778HC (12) 88 lh/jh 7/ 64
H.F. _____ dependents shall equal maximum 1 is: the following percentage of 2 fraction of high the statewide 3 quarter wages: average 4 weekly wage: 5 0 1/23 53% 6 1 1/22 55% 7 2 1/21 57% 8 3 1/20 60% 9 4 or more 1/19 65% 10 b. The maximum weekly benefit amount, if not a multiple 11 of one dollar, shall be rounded to the lower multiple of one 12 dollar. However, until such time as sixty-five percent of 13 the statewide average weekly wage exceeds one hundred ninety 14 dollars, the maximum weekly benefit amounts shall be determined 15 using the statewide average weekly wage computed on the basis 16 of wages reported for calendar year 1981. As used in this 17 section , “dependent” means dependent as defined in section 18 422.12, subsection 1 , paragraph “a” , as if the individual 19 claimant was a taxpayer, except that an individual claimant’s 20 nonworking spouse shall be deemed to be a dependent under this 21 section . “Nonworking spouse” means a spouse who does not earn 22 more than one hundred twenty dollars in gross wages in one 23 week. 24 Sec. 16. Section 97A.5, subsection 1, Code 2019, is amended 25 to read as follows: 26 1. Board of trustees. 27 a. A board of trustees of the Iowa department of public 28 safety peace officers’ retirement, accident, and disability 29 system is created. The general responsibility for the proper 30 operation of the system is vested in the board of trustees. 31 b. The board of trustees is constituted as follows: 32 (1) The commissioner of public safety, who is chairperson 33 of the board ; the . 34 (2) The treasurer of state ; an . 35 -8- LSB 1778HC (12) 88 lh/jh 8/ 64
H.F. _____ (3) An actively engaged member of the system, to be chosen 1 by secret ballot by the actively engaged members of the system ; 2 a . 3 (4) A retired member of the system, to be chosen by secret 4 ballot by the retired members of the system ; and a . 5 (5) A person appointed by the governor. 6 c. The person appointed by the governor shall be an 7 executive of a domestic life insurance company, an executive of 8 a state or national bank operating within the state of Iowa, or 9 an executive in the financial services industry, and shall be 10 subject to confirmation by the senate. 11 d. The members of the system and the person appointed by the 12 governor shall serve for a term of two years. 13 Sec. 17. Section 124E.4, subsection 1, paragraph d, 14 subparagraph (2), Code 2019, is amended to read as follows: 15 (2) A copy of the patient’s valid photograph photo 16 identification. 17 Sec. 18. Section 124E.4, subsection 3, paragraph b, 18 subparagraph (3), Code 2019, is amended to read as follows: 19 (3) A copy of the primary caregiver’s valid photograph photo 20 identification. 21 Sec. 19. Section 229A.1, Code 2019, is amended to read as 22 follows: 23 229A.1 Legislative findings. 24 1. The general assembly finds that a small but extremely 25 dangerous group of sexually violent predators exists which 26 is made up of persons who do not have a mental disease or 27 defect that renders them appropriate for involuntary treatment 28 pursuant to the treatment provisions for mentally ill persons 29 under chapter 229 , since that chapter is intended to provide 30 short-term treatment to persons with serious mental disorders 31 and then return them to the community. In contrast to persons 32 appropriate for civil commitment under chapter 229 , sexually 33 violent predators generally have antisocial personality 34 features that are unamenable to existing mental illness 35 -9- LSB 1778HC (12) 88 lh/jh 9/ 64
H.F. _____ treatment modalities and that render them likely to engage in 1 sexually violent behavior. 2 2. The general assembly finds that sexually violent 3 predators’ likelihood of engaging in repeat acts of predatory 4 sexual violence is high and that the existing involuntary 5 commitment procedure under chapter 229 is inadequate to address 6 the risk these sexually violent predators pose to society. 7 3. The general assembly further finds that the prognosis 8 for rehabilitating sexually violent predators in a prison 9 setting is poor, because the treatment needs of this population 10 are very long-term, and the treatment modalities for this 11 population are very different from the traditional treatment 12 modalities available in a prison setting or for persons 13 appropriate for commitment under chapter 229 . 14 4. Therefore, the general assembly finds that a civil 15 commitment procedure for the long-term care and treatment of 16 the sexually violent predator is necessary. The procedures 17 regarding sexually violent predators should reflect legitimate 18 public safety concerns, while providing treatment services 19 designed to benefit sexually violent predators who are civilly 20 committed. The procedures should also reflect the need to 21 protect the public, to respect the needs of the victims of 22 sexually violent offenses, and to encourage full, meaningful 23 participation of sexually violent predators in treatment 24 programs. 25 Sec. 20. Section 229A.8, subsection 5, paragraph i, Code 26 2019, is amended to read as follows: 27 i. If at the time of the annual review the committed person 28 is in a secure facility and not in the transitional release 29 program, the state shall have the right to demand that both 30 determinations in paragraph “e” , subparagraph (1), be submitted 31 to the court or jury. 32 Sec. 21. Section 230.17, Code 2019, is amended to read as 33 follows: 34 230.17 Board may compromise lien. 35 -10- LSB 1778HC (12) 88 lh/jh 10/ 64
H.F. _____ The board of supervisors of the person’s county of residence 1 is hereby empowered to compromise any and all liabilities to 2 the county , created by this chapter , when such compromise is 3 deemed to be for in the best interests of the county. 4 Sec. 22. Section 231.42, subsection 3, paragraph e, Code 5 2019, is amended to read as follows: 6 e. Make noncomplaint-related non-complaint-related visits 7 to long-term care facilities, assisted living programs, 8 and elder group homes to observe daily routines, meals, 9 and activities, and work to resolve complaints if any are 10 identified during these visits. 11 Sec. 23. Section 232.8, subsection 2, paragraph a, Code 12 2019, is amended to read as follows: 13 a. A case involving a person charged in a court other than 14 the juvenile court with the commission of a public offense not 15 exempted by law from the jurisdiction of the juvenile court and 16 who is within the provisions of subsection 1 of this section 17 shall immediately be transferred to the juvenile court. The 18 transferring court shall order a transfer and shall forward 19 the transfer order together with all papers, documents , and a 20 transcript of all testimony filed or admitted into evidence in 21 connection with the case to the clerk of the juvenile court. 22 The jurisdiction of the juvenile court shall attach immediately 23 upon the signing of an order of transfer. From the time of 24 transfer, the custody, shelter care , and detention of the 25 person alleged to have committed a delinquent act shall be in 26 accordance with the provisions of this chapter and the case 27 shall be processed in accordance with the provisions of this 28 chapter . 29 Sec. 24. Section 232.36, subsection 1, Code 2019, is amended 30 to read as follows: 31 1. The petition and subsequent court documents shall be 32 entitled “In as follows: 33 In the interests of ..... , a child” child . 34 Sec. 25. Section 232.125, subsection 3, Code 2019, is 35 -11- LSB 1778HC (12) 88 lh/jh 11/ 64
H.F. _____ amended to read as follows: 1 3. The petition and subsequent court documents shall be 2 entitled “In as follows: 3 In re the family of ...... . 4 Sec. 26. Section 232.178, subsection 2, Code 2019, is 5 amended to read as follows: 6 2. The petition and subsequent court documents shall be 7 entitled “In as follows: 8 In the interests of ..... , a child” child . 9 Sec. 27. Section 235D.1, Code 2019, is amended to read as 10 follows: 11 235D.1 Criminal history check —— applicants at domestic abuse 12 or sexual assault centers. 13 An applicant for employment at a domestic abuse or sexual 14 assault center shall be subject to a national criminal history 15 check through the federal bureau of investigation. The 16 domestic abuse or sexual assault center shall request the 17 criminal history check and shall provide the applicant’s 18 fingerprints to the department of public safety for submission 19 through the state criminal history repository to the federal 20 bureau of investigation. The applicant shall authorize release 21 of the results of the criminal history check to the domestic 22 abuse or sexual assault center. The applicant shall pay the 23 actual cost of the fingerprinting and criminal history check, 24 if any. Unless the criminal history check was completed within 25 the ninety calendar days prior to the date the application 26 is received by the domestic abuse or sexual assault center, 27 the center shall reject and return the application to the 28 applicant. The results of a criminal history check conducted 29 pursuant to this subsection section shall not be considered a 30 public record under chapter 22 . For purposes of this section , 31 “domestic abuse or sexual assault center” means a crime victim 32 center as defined in section 915.20A . 33 Sec. 28. Section 237A.30, subsection 2, Code 2019, is 34 amended to read as follows: 35 -12- LSB 1778HC (12) 88 lh/jh 12/ 64
H.F. _____ 2. The criteria utilized for the rating system may include 1 but are not limited to any of the following: facility type; 2 provider 3 a. Facility type. 4 b. Provider staff experience, education, training, and 5 credentials ; facility . 6 c. Facility director education and training ; an . 7 d. An environmental rating score or other direct assessment 8 environmental methodology ; national . 9 e. National accreditation ; facility . 10 f. Facility history of compliance with law and rules ; 11 child-to-staff ratio; curriculum . 12 g. Child-to-staff ratio. 13 h. Curriculum , including the extent to which the curriculum 14 focuses on the stages of child development and on child 15 outcomes ; business practices; staff . 16 i. Business practices. 17 j. Staff retention rates ; evaluation . 18 k. Evaluation of staff members and program practices ; staff . 19 l. Staff compensation and benefit practices ; provider . 20 m. Provider and staff membership in professional early 21 childhood organizations ; and parental . 22 n. Parental involvement with the facility. 23 Sec. 29. Section 252E.1, subsection 8, Code 2019, is amended 24 to read as follows: 25 8. “Health benefit plan” means any policy or contract of 26 insurance, indemnity, subscription , or membership issued by 27 an insurer, health service corporation, health maintenance 28 organization, or any similar corporation or organization, any 29 public coverage, or any self-insured employee benefit plan, 30 for the purpose of covering medical expenses. These expenses 31 may include but are not limited to hospital, surgical, major 32 medical insurance, dental, optical, prescription drugs, office 33 visits, or any combination of these or any other comparable 34 health care expenses. 35 -13- LSB 1778HC (12) 88 lh/jh 13/ 64
H.F. _____ Sec. 30. Section 256.46, Code 2019, is amended to read as 1 follows: 2 256.46 Rules for participation in extracurricular activities 3 by certain children. 4 1. The state board shall adopt rules that permit a child 5 who does not meet the residence requirements for participation 6 in extracurricular interscholastic contests or competitions 7 sponsored or administered by an organization as defined in 8 section 280.13 to participate in the contests or competitions 9 immediately if the child is duly enrolled in a school, is 10 otherwise eligible to participate, and meets one of the 11 following circumstances or a similar circumstance: the 12 a. The child has been adopted ; the . 13 b. The child is placed under foster or shelter care ; the . 14 c. The child is living with one of the child’s parents as a 15 result of divorce, separation, death, or other change in the 16 child’s parents’ marital relationship, or pursuant to other 17 court-ordered decree or order of custody ; the . 18 d. The child is a foreign exchange student, unless undue 19 influence was exerted to place the child for primarily athletic 20 purposes ; the . 21 e. The child has been placed in a juvenile correctional 22 facility ; the . 23 f. The child is a ward of the court or the state ; the . 24 g. The child is a participant in a substance abuse or mental 25 health program ; or the . 26 h. The child is enrolled in an accredited nonpublic high 27 school because the child’s district of residence has entered 28 into a whole grade sharing agreement for the pupil’s grade with 29 another district. 30 2. The rules shall permit a child who is otherwise eligible 31 to participate, but who does not meet one of the foregoing or 32 similar circumstances relating to residence requirements, to 33 participate at any level of competition other than the varsity 34 level. 35 -14- LSB 1778HC (12) 88 lh/jh 14/ 64
H.F. _____ 3. For purposes of this section and section 282.18 , 1 “varsity” means the highest level of competition offered by 2 one school or school district against the highest level of 3 competition offered by an opposing school or school district. 4 Sec. 31. Section 261.36, subsections 3, 6, and 7, Code 2019, 5 are amended to read as follows: 6 3. Make and execute agreements, contracts , and other 7 instruments with any public or private person or agency 8 including the United States secretary of education. 9 6. Approve financial or credit institutions, insurance 10 companies , or other lenders as eligible lenders upon their 11 meeting the standards established by the commission for making 12 guaranteed loans. 13 7. Accept appropriations, gifts, grants, loans , or other 14 aid from public or private persons or agencies including the 15 United States secretary of education. 16 Sec. 32. Section 261.86, subsection 1, paragraph f, Code 17 2019, is amended to read as follows: 18 f. Completes and submits application forms required by 19 the commission, including the free application for federal 20 student aid , and applies for all nonrepayable state and federal 21 financial aid for which the member is eligible. 22 Sec. 33. Section 261A.44, Code 2019, is amended to read as 23 follows: 24 261A.44 Obligations secured by trust agreement. 25 1. Obligations issued under this subchapter may be secured 26 by a trust agreement by and between the authority and an 27 incorporated trustee, which may be a trust company or bank 28 having the powers of a trust company within or without the 29 state. The trust agreement or the resolution providing for the 30 issuance of the obligations may pledge or assign the revenue to 31 be received or proceeds of any contract pledged and may convey 32 or mortgage the project or any portion of the project. 33 2. A pledge or assignment made by the authority pursuant to 34 this section is valid and binding from the time that the pledge 35 -15- LSB 1778HC (12) 88 lh/jh 15/ 64
H.F. _____ or assignment is made, and the revenue pledged and thereafter 1 received by the authority is immediately subject to the lien 2 of the pledge or assignment without physical delivery or any 3 further act. The lien of the pledge or assignment is valid and 4 binding against all parties having claims of any kind in tort, 5 contract, or otherwise against the authority irrespective of 6 whether the parties have notice of the lien. 7 3. The resolution or trust agreement by which a pledge is 8 created or an assignment made shall be filed or recorded in the 9 records of the authority, with the secretary of state, and in 10 each county in which the project is located. 11 4. The trust agreement or resolution providing for the 12 issuance of the obligations may contain provisions for 13 protecting and enforcing the rights and remedies of the 14 obligation holders as are reasonable and proper, not in 15 violation of law, or provided for in this subchapter . A bank 16 or trust company incorporated under the laws of this state 17 which acts as depository of proceeds of the obligations, 18 revenue, or other money shall furnish the indemnifying 19 obligations or pledge the securities as required by the 20 authority. The trust agreement may set forth the rights and 21 remedies of the obligation holders and of the trustee, and may 22 restrict the individual right of action by obligation holders. 23 The trust agreement or resolution may contain other provisions 24 the authority deems reasonable and proper for the security of 25 the obligation holders. 26 5. Expense incurred in carrying out the trust agreement 27 or resolution may be treated as a part of the cost of the 28 operation of a project. 29 Sec. 34. Section 262.9, subsection 10, Code 2019, is amended 30 to read as follows: 31 10. Direct the expenditure of all appropriations made to 32 said institutions, and of any other moneys belonging thereto, 33 but in no event shall the perpetual funds of the Iowa state 34 university of science and technology, nor the permanent funds 35 -16- LSB 1778HC (12) 88 lh/jh 16/ 64
H.F. _____ of the state university of Iowa derived under Acts of Congress, 1 be diminished. 2 Sec. 35. Section 262.34, subsection 1, Code 2019, is amended 3 to read as follows: 4 1. When the estimated cost of construction, repairs, or 5 improvement of buildings or grounds under charge of the state 6 board of regents, including construction, renovation, or 7 repairs by a private party of a property to be lease-purchased 8 by the board , exceeds one hundred thousand dollars, the board 9 shall advertise for bids for the contemplated improvement or 10 construction and shall let the work to the lowest responsible 11 bidder. However, if in the judgment of the board bids received 12 are not acceptable, the board may reject all bids and proceed 13 with the construction, repair, or improvement by a method as 14 the board may determine. All plans and specifications for 15 repairs or construction, together with bids on the plans or 16 specifications, shall be filed by the board and be open for 17 public inspection. All bids submitted under this section shall 18 be accompanied by a deposit of money, a certified check, or a 19 credit union certified share draft in an amount as the board 20 may prescribe. 21 Sec. 36. Section 272.2, subsection 12, Code 2019, is amended 22 to read as follows: 23 12. Establish Adopt , under chapter 17A , rules necessary to 24 carry out board duties, and establish a budget request. 25 Sec. 37. Section 279.16, subsection 3, Code 2019, is amended 26 to read as follows: 27 3. The board shall not be bound by common law or statutory 28 rules of evidence or by technical or formal rules of procedure, 29 but it shall hold the hearing in such manner as is best suited 30 to ascertain and conserve the substantial rights of the 31 parties. Process and procedure under sections 279.13 through 32 279.15, this section, and sections 279.18 and 279.19 shall be 33 as summary as reasonably may be. 34 Sec. 38. Section 282.10, subsection 4, Code 2019, is amended 35 -17- LSB 1778HC (12) 88 lh/jh 17/ 64
H.F. _____ to read as follows: 1 4. A whole grade sharing agreement shall be signed by the 2 boards of the districts involved in the agreement not later 3 than February 1 of the school year preceding the school year 4 for which the agreement is to take effect. The boards of 5 the districts shall negotiate as part of the new or existing 6 agreement the disposition of funding provided under chapter 7 284 , including the following: 8 The teacher leadership supplement state cost per pupil as 9 provided in section 257.9 , unless all of the districts subject 10 to the agreement are receiving such funding. 11 Sec. 39. Section 303.63, Code 2019, is amended to read as 12 follows: 13 303.63 Trial to court. 14 1. If upon the hearing, which shall be tried de novo, it 15 appears to the court that testimony is necessary for the proper 16 disposition of the matter, it the court may take evidence or 17 appoint a referee to take evidence as it directs and report the 18 evidence to the court with findings of fact and conclusions 19 of law, which shall constitute a part of the proceedings upon 20 which the determination of the court shall be made. The court 21 may reverse or affirm, wholly or partly, or may modify the 22 decision brought up for review. 23 2. Costs shall not be allowed against the board unless 24 it appears to the court that it the board acted with gross 25 negligence or in bad faith or with malice in making the 26 decision appealed from. 27 Sec. 40. Section 307.1, subsection 3, Code 2019, is amended 28 to read as follows: 29 3. “Commission” means the state transportation commission 30 established in section 307A.1A . 31 Sec. 41. Section 309.97, Code 2019, is amended to read as 32 follows: 33 309.97 Construction of law. 34 Nothing in sections 309.93 to 309.96 this subchapter shall 35 -18- LSB 1778HC (12) 88 lh/jh 18/ 64
H.F. _____ contravene or affect the provisions of chapter 24 . 1 Sec. 42. Section 314.22, subsection 1, paragraph e, Code 2 2019, is amended to read as follows: 3 e. Incorporate integrated management practices for the 4 long-term control of damaging insect populations, weeds, and 5 invader invasive plant species. 6 Sec. 43. Section 314.23, subsection 4, Code 2019, is amended 7 to read as follows: 8 4. Prime agricultural lands. Topsoil removed may be 9 utilized for landscaping and other necessary construction. 10 Excess topsoil shall be made available to the former 11 landowner or other landowners whose land was purchased for the 12 construction or others, and if not acquired by one of these 13 parties, it may be disposed of . 14 Sec. 44. Section 321.423, subsection 6, Code 2019, is 15 amended to read as follows: 16 6. Amber flashing light. A farm tractor, farm tractor with 17 towed equipment, self-propelled implement of husbandry, road 18 construction or maintenance vehicle, road grader, or other 19 vehicle principally designed for use off the highway which, 20 when operated on a primary or secondary road, is operated at 21 a speed of thirty-five miles an per hour or less, shall be 22 equipped with and display an amber flashing light visible from 23 the rear at any time from sunset to sunrise. If the amber 24 flashing light is obstructed by the towed equipment, the towed 25 equipment shall also be equipped with and display an amber 26 flashing light as required under this subsection . All vehicles 27 specified in this subsection which are manufactured for sale 28 or sold in this state shall be equipped with an amber flashing 29 light in accordance with the standards of the American society 30 of agricultural engineers. 31 Sec. 45. Section 321.431, subsection 1, unnumbered 32 paragraph 1, Code 2019, is amended to read as follows: 33 The service brakes upon any motor vehicle or combination 34 of motor vehicles, when upon dry asphalt or concrete pavement 35 -19- LSB 1778HC (12) 88 lh/jh 19/ 64
H.F. _____ surface free from loose material where the grade does not 1 exceed one percent, when traveling twenty miles an per hour 2 shall be adequate: 3 Sec. 46. Section 325A.3A, Code 2019, is amended to read as 4 follows: 5 325A.3A Hearings. 6 A person whose application for a permit or certificate under 7 this chapter has been denied, or whose permit or certificate 8 has been suspended, may contest the decision under chapter 17A 9 and in accordance with rules adopted by the department. The 10 request for a hearing shall be submitted in writing to the 11 department’s office of vehicle and motor carrier services. 12 Sec. 47. Section 358.1B, subsection 2, Code 2019, is amended 13 to read as follows: 14 2. For the purpose of establishing, operating, or 15 dissolving a combined water and sanitary district under chapter 16 357 and this chapter , the term “sanitary district” includes a 17 combined water and sanitary district where applicable. 18 Sec. 48. Section 386.7, subsection 6, Code 2019, is amended 19 to read as follows: 20 6. A city may issue revenue bonds payable from the income 21 and receipts derived from the self-liquidated improvement. 22 Chapter 384, subchapter V applies to revenue bonds for 23 self-liquidating improvements and the term “city enterprise” 24 as used in that chapter 384, subchapter V, shall be deemed 25 to include self-liquidating improvements authorized by this 26 chapter . 27 Sec. 49. Section 421B.5, Code 2019, is amended to read as 28 follows: 29 421B.5 Sales by a wholesaler to a wholesaler. 30 When one wholesaler sells cigarettes to any other 31 wholesaler, the former shall not be required to include in 32 the selling price to the latter, the cost to the wholesaler, 33 as defined by section 421B.2 , but the latter wholesaler, upon 34 resale to a retailer, shall be subject to the provisions of the 35 -20- LSB 1778HC (12) 88 lh/jh 20/ 64
H.F. _____ said section 421B.2 . 1 Sec. 50. Section 422.32, subsection 2, Code 2019, is amended 2 to read as follows: 3 2. The words, terms, and phrases defined in section 422.4, 4 subsections 4 through , 5, 6, 8, 9, 13, and 15 through , 16, 5 and 17 , when used in this division , shall have the meanings 6 ascribed to them in said section 422.4, except where the 7 context clearly indicates a different meaning. 8 Sec. 51. Section 425.17, subsection 2, paragraph a, 9 subparagraph (2), Code 2019, is amended to read as follows: 10 (2) A person filing a claim for credit or reimbursement 11 under this subchapter who has attained the age of twenty-three 12 years on or before December 31 of the base year or was a head 13 of household on December 31 of the base year, as defined in 14 the Internal Revenue Code, but has not attained the age or 15 disability status described in this paragraph “a” , subparagraph 16 (1), and is domiciled in this state at the time the claim is 17 filed or at the time of the person’s death in the case of a 18 claim filed by the executor or administrator of the claimant’s 19 estate, and was not claimed as a dependent on any other 20 person’s tax return for the base year. 21 Sec. 52. Section 427.13, Code 2019, is amended to read as 22 follows: 23 427.13 What taxable. 24 All other real property is subject to taxation in the manner 25 prescribed, and this section is also intended to embrace ferry 26 franchises and toll bridges, which, for the purpose of this 27 chapter are considered real property. However, this section is 28 subject to section 427.1. 29 However, this section is subject to section 427.1 . 30 Sec. 53. Section 448.1, Code 2019, is amended to read as 31 follows: 32 448.1 Return of certificate of purchase —— execution of deed 33 —— fees. 34 1. Immediately after the expiration of ninety days from the 35 -21- LSB 1778HC (12) 88 lh/jh 21/ 64
H.F. _____ date of completed service of the notice provided in section 1 447.12 , the county treasurer shall make out a deed for each 2 parcel sold and unredeemed upon the return of the certificate 3 of purchase and payment of the appropriate deed and recording 4 fees by the purchaser. The treasurer shall record the deed 5 with the county recorder prior to delivering the deed to the 6 purchaser. The treasurer shall receive twenty-five dollars for 7 each deed made by the treasurer, and the treasurer may include 8 any number of parcels purchased by one person in one deed, if 9 authorized by the treasurer. 10 2. The tax sale certificate holder shall return the 11 certificate of purchase and remit the appropriate deed 12 issuance fee and recording fee to the county treasurer within 13 ninety calendar days after the redemption period expires. 14 The treasurer shall cancel the certificate for any tax sale 15 certificate holder who fails to comply with this paragraph 16 subsection . This paragraph subsection does not apply to 17 certificates held by a county. This paragraph subsection is 18 applicable to all certificates of purchase issued before, on, 19 or after July 1, 1997. Holders of certificates of purchase 20 that are outstanding on July 1, 1997, shall return the 21 certificate of purchase and remit the appropriate deed issuance 22 fee to the county treasurer within ninety calendar days from 23 that date. 24 Sec. 54. Section 450.32, Code 2019, is amended to read as 25 follows: 26 450.32 Hearing —— order. 27 If upon the hearing the court finds the amount at which the 28 real property is appraised is its the property’s value on the 29 market in the ordinary course of trade and the appraisement 30 was fairly and in good faith made, it the court shall approve 31 the appraisement. If the court finds that the appraisement 32 was made at a greater or lesser sum than the value of the 33 real property in the ordinary course of trade, or that it 34 the appraisement was not made fairly or in good faith made , 35 -22- LSB 1778HC (12) 88 lh/jh 22/ 64
H.F. _____ it the court shall set aside the appraisement. Upon the 1 appraisement being set aside, the court shall fix the value of 2 the real property of the estate for inheritance tax purposes 3 and the valuation fixed is that upon which the tax shall be 4 paid, unless an appeal is taken from the order of the court as 5 provided for in this chapter . 6 Sec. 55. Section 450.47, Code 2019, is amended to read as 7 follows: 8 450.47 Life and term estates in personal property. 9 If an estate or interest for life or term of years in 10 personal property is given to one or more persons other than 11 those exempt by this chapter and the remainder or deferred 12 estate to others, the property devised or conveyed shall be 13 valued under section 450.37 as provided in ordinary estates 14 and the value of the estates or interests devised or conveyed 15 shall be determined as provided in section 450.51 , and the . 16 The tax upon the estates or interests liable for the tax shall 17 be paid to the department of revenue from the property valued 18 or by the persons entitled to the estate or interest on or 19 before the last day of the ninth month after the death of the 20 testator, grantor, or donor. However, payment of the tax upon 21 a deferred estate or remainder interest may be deferred until 22 the determination of the prior estate as provided in section 23 450.48 . 24 Sec. 56. Section 453A.44, subsection 7, Code 2019, is 25 amended to read as follows: 26 7. The director, upon receipt of the application (and , and 27 bond , in the case of the distributor) distributor, in proper 28 form, and payment of the license fee required by subsection 29 4 or subsection 5 , shall unless otherwise provided by this 30 subchapter , issue the applicant a license in form as prescribed 31 by the director, which license shall permit the applicant to 32 whom it is issued to engage in business as a distributor or 33 subjobber at the place of business shown in the application. 34 The director shall assign a permit number to each person 35 -23- LSB 1778HC (12) 88 lh/jh 23/ 64
H.F. _____ licensed as a distributor at the time of issuance of the 1 person’s first license, which shall be inscribed upon all 2 licenses issued to that distributor. 3 Sec. 57. Section 453A.45, subsection 5, paragraph c, Code 4 2019, is amended to read as follows: 5 c. Common carriers transporting tobacco products into 6 this state shall file with the director reports of all such 7 shipments other than those which are delivered to public 8 warehouses of first destination in this state which are 9 licensed under the provisions of chapter 554 . Such reports 10 shall be filed on or before the tenth day of each month and 11 shall show with respect to deliveries made in the preceding 12 month ; all of the following: 13 (1) The date , . 14 (2) The point of origin , . 15 (3) The point of delivery , . 16 (4) The name of the consignee , . 17 (5) A description and the quantity of tobacco products 18 delivered , and such . 19 (6) Such other information as the director may otherwise 20 require. 21 Sec. 58. Section 455A.14, subsection 2, Code 2019, is 22 amended to read as follows: 23 2. The fees established by the department pursuant to this 24 section shall be in such amounts as may be determined by the 25 department to be reasonably competitive with fees established 26 in other public parks or recreation areas that provide the same 27 or similar privileges and are located within sixty miles of the 28 perimeter of the state park or recreation area for which the 29 department is establishing fees. Such fees may be increased, 30 reduced, or waived by the department on a statewide basis or 31 on the basis of an individual state park or recreation area 32 for special promotional events or efforts or on the basis of 33 special seasonal or holiday rates , on a statewide basis or on 34 the basis of an individual state park or recreation area . 35 -24- LSB 1778HC (12) 88 lh/jh 24/ 64
H.F. _____ Sec. 59. Section 455B.338, Code 2019, is amended to read as 1 follows: 2 455B.338 Judicial review. 3 Judicial review of the actions of the commission may be 4 sought in accordance with the terms of the Iowa administrative 5 procedure Act, chapter 17A . Notwithstanding the terms of said 6 Act chapter 17A , a petition for judicial review may be filed in 7 the district court of the county in which the alleged violation 8 was committed or in which a final order was entered. 9 Sec. 60. Section 455B.339, Code 2019, is amended to read as 10 follows: 11 455B.339 Injunction. 12 Whenever, in the judgment of the director, any person has 13 engaged in or is about to engage in any acts or practices which 14 constitute or will constitute a violation of the provisions of 15 this part 2 of division IV or any rule or order promulgated 16 under said this part 2 , the director may request the attorney 17 general to make application in the name of the state to the 18 district court of the county in which such acts or practices 19 may be performed, for an order enjoining such acts or practices 20 notwithstanding the existence or pursuit of any other remedy, 21 and the attorney general shall make such application. 22 Sec. 61. Section 455B.340, Code 2019, is amended to read as 23 follows: 24 455B.340 Penalty. 25 Any person who violates any provisions of this part 2 26 of division IV or rules adopted under said this part 2 , or 27 any order of the department or director issued pursuant to 28 said part, shall be guilty of a serious misdemeanor and, in 29 addition, the person may be enjoined from continuing such 30 violation. Each day of continued violation after notice that 31 a violation is being committed shall constitute a separate 32 violation. 33 Sec. 62. Section 459.102, subsection 6, paragraphs l and m, 34 Code 2019, are amended to read as follows: 35 -25- LSB 1778HC (12) 88 lh/jh 25/ 64
H.F. _____ l. Fishes Fish weighing twenty-five 1 grams or more . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0.001 2 m. Fishes Fish weighing less 3 than twenty-five grams . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0.00006 4 Sec. 63. Section 462A.3, Code 2019, is amended to read as 5 follows: 6 462A.3 Powers and duties of commission. 7 1. The commission is hereby vested with the power and is 8 charged with the duty of observing, administering and enforcing 9 the provisions of this chapter . 10 2. The commission may adopt and enforce rules under chapter 11 17A as necessary to carry out this chapter and to protect 12 private and public property and the health, safety, and welfare 13 of the public. In adopting rules, the commission shall give 14 consideration to the various uses to which they may be put by 15 and for public and private purposes, the preservation of each 16 body of water, its bed, waters, ice, banks, and public and 17 private property attached thereto, and the need for uniformity 18 of rules relating to the use, operation, and equipment of 19 vessels and vehicles. 20 Sec. 64. Section 465C.3, Code 2019, is amended to read as 21 follows: 22 465C.3 Membership. 23 1. a. The board shall be composed of seven members, six of 24 which shall be appointed by the governor. The director of the 25 department shall also serve as a member of the board. 26 b. The commission, the conservation committee of the 27 Iowa academy of science, and the state historical society 28 shall submit to the governor a list of possible appointments. 29 Members shall be selected from persons with a demonstrated 30 interest in the preservation of natural lands and waters, and 31 historic sites. The director shall serve as one member of the 32 board. Any vacancies on the board shall be filled, for the 33 remainder of the term vacated, by appointment by the governor 34 provided by this chapter . 35 -26- LSB 1778HC (12) 88 lh/jh 26/ 64
H.F. _____ 2. Members shall serve until their successors are appointed 1 and qualified. The director shall serve as long as the 2 director is director. Any vacancies on the board shall be 3 filled, for the remainder of the term vacated, by appointment 4 by the governor provided by this chapter. As terms of members 5 expire, their successors shall be appointed for terms to 6 expire three years thereafter. Any member who has served two 7 consecutive full terms will not be eligible for reappointment 8 for a period of one year following the expiration of the 9 member’s second term. 10 Sec. 65. Section 474.2, Code 2019, is amended to read as 11 follows: 12 474.2 Certain persons barred from office. 13 No person in the employ of any common carrier or other public 14 utility, or owning any bonds, stock , or property in any public 15 utility shall be eligible to hold the office of utilities board 16 member or chief operating officer of the utilities board ; and 17 the . The entering into the employ of any common carrier or 18 other public utility or the acquiring of any stock or other 19 interest in any common carrier or other public utility by such 20 member or chief operating officer after appointment shall 21 disqualify the member or chief operating officer to hold the 22 office or perform the duties thereof of the office . 23 Sec. 66. Section 474.8, Code 2019, is amended to read as 24 follows: 25 474.8 Office —— time employed —— expenses. 26 The utilities board shall have an office at the seat of 27 government and each . Each member shall devote the member’s 28 whole time to the duties of the office, and the members, chief 29 operating officer, and other employees shall receive their 30 actual necessary traveling expenses while in the discharge of 31 their official duties away from the general offices. 32 Sec. 67. Section 479.4, subsection 1, Code 2019, is amended 33 to read as follows: 34 1. The board is vested with power and authority and it shall 35 -27- LSB 1778HC (12) 88 lh/jh 27/ 64
H.F. _____ be the board’s duty to supervise all pipelines and underground 1 storage and pipeline companies and , shall from time to time , 2 to inspect and examine the construction, maintenance, and 3 condition of the pipelines and underground storage facilities. 4 Whenever the board shall determine that any pipeline and 5 underground storage facilities or any apparatus, device, or 6 equipment used in connection therewith is unsafe and dangerous, 7 the board shall immediately in writing notify the pipeline 8 company which is constructing or operating the pipeline and 9 underground storage facilities, device, apparatus, or other 10 equipment to repair or replace any defective or unsafe part or 11 portion of the pipeline and underground storage facilities, 12 device, apparatus, or equipment. 13 Sec. 68. Section 479B.4, Code 2019, is amended to read as 14 follows: 15 479B.4 Application for permit —— informational meeting —— 16 notice. 17 1. A pipeline company doing business in this state shall 18 file a verified petition with the board asking for a permit to 19 construct, maintain, and operate a new pipeline along, over, 20 or across the public or private highways, grounds, waters, 21 and streams of any kind in this state. Any pipeline company 22 now owning or operating a pipeline or underground storage 23 facility in this state shall be issued a permit by the board 24 upon supplying the information as provided for in section 25 479B.5, subsections 1 through 5 , and meeting the requirements 26 of section 479B.13 . 27 2. A pipeline company doing business in this state and 28 proposing to store hazardous liquid underground within this 29 state shall file with the board a verified petition asking for 30 a permit to construct, maintain, and operate facilities for 31 the underground storage of hazardous liquid which includes 32 the construction, placement, maintenance, and operation of 33 machinery, appliances, fixtures, wells, pipelines, and stations 34 necessary for the construction, maintenance, and operation of 35 -28- LSB 1778HC (12) 88 lh/jh 28/ 64
H.F. _____ the underground storage facilities. 1 3. The pipeline company shall hold informational meetings 2 in each county in which real property or property rights 3 will be affected at least thirty days prior to filing the 4 petition for a new pipeline. A member of the board, or a person 5 designated by the board, shall serve as the presiding officer 6 at each meeting and present an agenda for the meeting which 7 shall include a summary of the legal rights of the affected 8 landowners. No formal record of the meeting shall be required. 9 The meeting shall be held at a location reasonably accessible 10 to all persons who may be affected by granting the permit. 11 4. The pipeline company seeking the permit for a new 12 pipeline shall give notice of the informational meeting to each 13 landowner affected by the proposed project and each person in 14 possession of or residing on the property. For the purposes of 15 the informational meeting, “landowner” means a person listed on 16 the tax assessment rolls as responsible for the payment of real 17 estate taxes imposed on the property and “pipeline” means a line 18 transporting a hazardous liquid under pressure in excess of one 19 hundred fifty pounds per square inch and extending a distance 20 of not less than five miles or having a future anticipated 21 extension of an overall distance of five miles. 22 5. a. The notice shall set forth the following: the 23 (1) The name of the applicant , the . 24 (2) The applicant’s principal place of business , the . 25 (3) The general description and purpose of the proposed 26 project , the . 27 (4) The general nature of the right-of-way desired , a . 28 (5) A map showing the route or location of the proposed 29 project , that . 30 (6) That the landowner has a right to be present at the 31 meeting and to file objections with the board , and a . 32 (7) A designation of the time and place of the meeting. 33 b. The notice shall be served by certified mail with 34 return receipt requested not less than thirty days previous 35 -29- LSB 1778HC (12) 88 lh/jh 29/ 64
H.F. _____ to the time set for the meeting, and shall be published once 1 in a newspaper of general circulation in the county. The 2 publication shall be considered notice to landowners whose 3 residence is not known and to each person in possession of or 4 residing on the property provided a good faith effort to notify 5 can be demonstrated by the pipeline company. 6 6. A pipeline company seeking rights under this chapter 7 shall not negotiate or purchase an easement or other interest 8 in land in a county known to be affected by the proposed 9 project prior to the informational meeting. 10 Sec. 69. Section 481A.4, Code 2019, is amended to read as 11 follows: 12 481A.4 Fish hatcheries —— game farms. 13 The commission may establish and control the state 14 hatcheries and game farms, which shall be used for the purpose 15 of stocking the waters of the state with fish and the natural 16 covers with game birds to the extent of the means provided for 17 that purpose; and for impartially and equitably distribute 18 distributing all birds, eggs, and fry raised by or furnished 19 to the state, or for it the state through other sources, in the 20 streams, lakes, and natural covers of the state. 21 Sec. 70. Section 481A.13, Code 2019, is amended to read as 22 follows: 23 481A.13 Search warrants. 24 1. Any court having jurisdiction of the offense, upon 25 receiving proof of probable cause for believing that any fish, 26 mussels, clams, frogs, birds, furs, or animals caught, taken, 27 killed, had in possession, under control, or shipped, contrary 28 to the Code, or hidden or concealed in any place, shall issue 29 a search warrant and cause a search to be made in any place 30 therefor. 31 2. The property so seized under warrant shall be safely 32 kept under the direction of the court so long as necessary for 33 the purpose of being used as evidence in any trial , and if . If 34 a trial results in a conviction , the property seized shall be 35 -30- LSB 1778HC (12) 88 lh/jh 30/ 64
H.F. _____ confiscated by the director or the director’s officers. If 1 the trial does not result in a conviction, the property shall 2 be returned to the person pursuant to section 481A.13A unless 3 the property is fish or wildlife that is illegal to possess, 4 including fish or wildlife that was taken, possessed, or 5 transported unlawfully. 6 Sec. 71. Section 481A.36, subsection 2, Code 2019, is 7 amended to read as follows: 8 2. Prosecutions for violations may be brought in the county 9 in which any fish, fowl, bird, bird’s nest, eggs, or plumage, 10 or animals protected by this chapter were unlawfully caught, 11 taken, killed, trapped, ensnared, bought, sold, or shipped 12 unlawfully, or in any county into or through which they were 13 received, transported, or found in the possession of any 14 person. 15 Sec. 72. Section 489.1101, subsection 4, Code 2019, is 16 amended to read as follows: 17 4. “Profession” means the profession of certified following 18 professions: 19 a. Certified public accountancy , architecture, 20 chiropractic, dentistry, physical . 21 b. Architecture. 22 c. Chiropractic. 23 d. Dentistry. 24 e. Physical therapy , practice . 25 f. Practice as a physician assistant , psychology, 26 professional . 27 g. Psychology. 28 h. Professional engineering , land . 29 i. Land surveying , landscape . 30 j. Landscape architecture , law, medicine . 31 k. Law. 32 l. Medicine and surgery , optometry, osteopathic . 33 m. Optometry. 34 n. Osteopathic medicine and surgery , accounting . 35 -31- LSB 1778HC (12) 88 lh/jh 31/ 64
H.F. _____ o. Accounting practitioner , podiatry, real . 1 p. Podiatry. 2 q. Real estate brokerage , speech . 3 r. Speech pathology , audiology, veterinary . 4 s. Audiology. 5 t. Veterinary medicine , pharmacy, nursing, marital . 6 u. Pharmacy. 7 v. Nursing. 8 w. Marital and family therapy or mental health counseling, 9 provided that the marital and family therapist or mental health 10 counselor is licensed under chapters 147 and 154D , or social . 11 x. Social work, provided that the social worker is licensed 12 pursuant to chapter 147 and section 154C.3, subsection 1 , 13 paragraph “c” . 14 Sec. 73. Section 490.140, subsection 19, Code 2019, is 15 amended to read as follows: 16 19. “Governmental subdivision” includes an authority, city, 17 county, district, township, and other political subdivision. 18 Sec. 74. Section 496C.2, subsections 4 and 5, Code 2019, are 19 amended to read as follows: 20 4. “Profession” means the profession of certified following 21 professions: 22 a. Certified public accountancy , architecture, 23 chiropractic, dentistry, physical . 24 b. Architecture. 25 c. Chiropractic. 26 d. Dentistry. 27 e. Physical therapy , practice . 28 f. Practice as a physician assistant , psychology, marital . 29 g. Psychology. 30 h. Marital and family therapy or mental health counseling, 31 provided that the marital and family therapist or mental health 32 counselor is licensed under chapters 147 and 154D , social . 33 i. Social work, provided that the social worker is licensed 34 pursuant to chapter 147 and section 154C.3, subsection 1 , 35 -32- LSB 1778HC (12) 88 lh/jh 32/ 64
H.F. _____ paragraph “c” , professional . 1 j. Professional engineering , land . 2 k. Land surveying , landscape . 3 l. Landscape architecture , law, medicine . 4 m. Law. 5 n. Medicine and surgery , optometry, osteopathic . 6 o. Optometry. 7 p. Osteopathic medicine and surgery , accounting . 8 q. Accounting practitioner , podiatry, real . 9 r. Podiatry. 10 s. Real estate brokerage , speech . 11 t. Speech pathology , audiology, veterinary . 12 u. Audiology. 13 v. Veterinary medicine , pharmacy, and the . 14 w. Pharmacy. 15 x. The practice of nursing. 16 5. “Professional corporation” means a corporation subject to 17 this Act chapter , except a foreign professional corporation. 18 Sec. 75. Section 499.4, Code 2019, is amended to read as 19 follows: 20 499.4 Use of term “cooperative” restricted. 21 1. A person including a corporation hereafter organized, 22 which is not an association as defined in this chapter or a 23 cooperative as defined in chapter 501 or 501A , shall not use 24 the word “cooperative” or any abbreviation thereof in its 25 name or advertising or in any connection with its business, 26 except foreign associations admitted under section 499.54 . The 27 attorney general or any association or any member thereof may 28 sue and enjoin such use. 29 2. This chapter does not control the use of fictitious 30 names ; however . However , if a cooperative association or a 31 foreign cooperative association uses a fictitious name in this 32 state, it the cooperative association or foreign cooperative 33 association shall deliver to the secretary of state for filing 34 a copy of the resolution of its board of directors, certified 35 -33- LSB 1778HC (12) 88 lh/jh 33/ 64
H.F. _____ by its secretary, adopting the fictitious name. 1 Sec. 76. Section 507B.12, subsection 2, Code 2019, is 2 amended to read as follows: 3 2. The powers vested in the commissioner by this chapter 4 shall be additional to any other powers to enforce any 5 penalties, fines , or forfeitures authorized by law with respect 6 to the methods, acts , and practices hereby declared to be 7 unfair or deceptive. 8 Sec. 77. Section 508.18, Code 2019, is amended to read as 9 follows: 10 508.18 Decree. 11 The court, on the final hearing, may make the decree subject 12 to the provisions of section 508.19 as to the appointment of a 13 receiver, the disposition of the deposits of the company in the 14 hands of the commissioner, and its dissolution, if a domestic 15 company. 16 Sec. 78. Section 514B.26, subsection 2, Code 2019, is 17 amended to read as follows: 18 2. At the time and place fixed for a hearing, the person 19 charged shall have an opportunity to be heard and to show cause 20 why the order should not be made by the commissioner. Upon 21 good cause shown, the commissioner may permit any person to 22 intervene, appear , and be heard at the hearing by counsel or 23 in person. Nothing contained in this chapter shall require 24 the observance at any hearing of formal rules of pleading or 25 evidence. The provisions of section 507B.6, subsections 4 26 and 5 , relating to the powers and duties of the commissioner 27 in relation to the hearing and relating to the rights and 28 obligations of persons upon whom the commissioner has served 29 notice shall apply to this chapter . 30 Sec. 79. Section 523A.601, subsection 5, paragraph a, Code 31 2019, is amended to read as follows: 32 a. The specific method or methods (trust , including but 33 not limited to trust deposits, certificates of deposit, 34 life insurance or an annuity, a surety bond, or warehousing) 35 -34- LSB 1778HC (12) 88 lh/jh 34/ 64
H.F. _____ warehousing, that will be used to fund the purchase agreement. 1 Sec. 80. Section 523I.312, subsection 1, Code 2019, is 2 amended to read as follows: 3 1. A nonperpetual cemetery shall not sell any lot or 4 interment space in the cemetery unless the purchaser of the 5 interment space is informed that the cemetery is a nonperpetual 6 care cemetery. Each nonperpetual care cemetery shall have 7 printed or stamped at the head of all of its contracts, 8 deeds, statements, letterheads, and advertising material, the 9 legend: “This 10 This is a nonperpetual care cemetery”, and shall not sell any 11 lot or interment space in the cemetery unless the purchaser 12 of the interment space is informed that the cemetery is a 13 nonperpetual care cemetery. 14 Sec. 81. Section 537.2501, subsection 1, paragraph e, 15 subparagraph (3), Code 2019, is amended to read as follows: 16 (3) Escrows for future payments of taxes, including 17 assessments for improvements, insurance , and water, sewer , and 18 land rents. 19 Sec. 82. Section 554.10105, subsection 1, Code 2019, is 20 amended to read as follows: 21 1. The secretary of state , and the secretary’s employees or 22 agents , are hereby exempted from all personal liability as a 23 result of errors or omissions in the performance of any duty 24 required by the Uniform Commercial Code, as provided in this 25 chapter , except in cases of willful negligence. 26 Sec. 83. Section 598.41, subsection 3, paragraph g, Code 27 2019, is amended to read as follows: 28 g. Whether one or both of the parents agree or are opposed 29 to joint custody. 30 Sec. 84. Section 626.30, Code 2019, is amended to read as 31 follows: 32 626.30 Expiration or return of distress warrant. 33 Proceedings by garnishment under a distress warrant issued 34 by the Iowa director of revenue or the director of inspections 35 -35- LSB 1778HC (12) 88 lh/jh 35/ 64
H.F. _____ and appeals shall not be affected by its the expiration or its 1 return of the warrant . 2 Sec. 85. Section 628.19, Code 2019, is amended to read as 3 follows: 4 628.19 Credit on lien. 5 If the lienholder is unwilling to hold the property 6 and credit the debtor thereon with the full amount of the 7 lienholder’s lien, the lienholder must state the utmost amount 8 that the lienholder is willing to credit the debtor with . 9 Sec. 86. Section 633.3, subsections 16, 19, and 31, Code 10 2019, are amended to read as follows: 11 16. Executor —— means any person appointed by the court to 12 administer the estate of a testate decedent. 13 19. Functional limitations —— means the behavior or 14 condition of a person which impairs the person’s ability to 15 care for the person’s personal safety or to attend to or 16 provide for necessities for the person. 17 31. Probate assets —— means a decedent’s property subject to 18 administration by a personal representative. 19 Sec. 87. Section 633.356, Code 2019, is amended to read as 20 follows: 21 633.356 Distribution of property by affidavit —— very small 22 estates. 23 1. When the gross value of the decedent’s personal property 24 that would otherwise be distributed by will or intestate 25 succession is or has been, at any time since the decedent’s 26 death, fifty thousand dollars or less and there is no real 27 property or the real property passes to persons exempt 28 from inheritance tax as joint tenants with full rights of 29 survivorship, and if forty days have elapsed since the death of 30 the decedent, a successor as defined in subsection 2 may, by 31 furnishing an affidavit prepared pursuant to subsection 3 or 32 8 , and without procuring letters of appointment, do any of the 33 following with respect to one or more items of such personal 34 property: 35 -36- LSB 1778HC (12) 88 lh/jh 36/ 64
H.F. _____ a. Receive any item of tangible personal property of the 1 decedent. 2 b. Have any evidence of a debt, obligation, interest, 3 right, security, or chose in action belonging to the decedent 4 transferred. 5 c. Collect the proceeds from any life insurance policy or 6 any other item of property for which a beneficiary has not been 7 designated. 8 2. “Successor” means: 9 a. If the decedent died testate, the reasonably 10 ascertainable beneficiary or beneficiaries who succeeded to the 11 item of property under the decedent’s will. For the purposes 12 of this subsection , the trustee of a trust created during the 13 decedent’s lifetime is a beneficiary under the decedent’s will 14 if the trust succeeds to the property under the decedent’s 15 will. 16 b. If the decedent died intestate, the reasonably 17 ascertainable person or persons who succeeded to the property 18 under the laws of intestate succession of this state. 19 c. If the decedent received medical assistance benefits from 20 the state, the Iowa Medicaid agency that provided the benefits 21 is a successor pursuant to subsection 8 . 22 3. a. To collect money, receive tangible personal property, 23 or have evidences of intangible personal property transferred 24 under this section , a successor shall furnish to the holder of 25 the decedent’s property an affidavit under penalty of perjury 26 stating all of the following: 27 (1) The decedent’s name, social security number, and date 28 and place of death. 29 (2) That at least forty days have elapsed since the death 30 of the decedent, as shown by an attached certified copy of the 31 death certificate of the decedent. 32 (3) That the gross value of the decedent’s personal 33 property that would otherwise be distributed by will or 34 intestate succession is, or has been at any time since the 35 -37- LSB 1778HC (12) 88 lh/jh 37/ 64
H.F. _____ decedent’s death, fifty thousand dollars or less and there is 1 no real property or the real property passes to persons exempt 2 from inheritance tax as joint tenants with full rights of 3 survivorship. 4 (4) A general description of the property of the decedent 5 that is to be paid, transferred, or delivered to or for the 6 benefit of each successor. 7 (5) The name, address, tax identification number and 8 relationship to the decedent of each successor, and whether any 9 successor is under a legal disability. 10 (6) If applicable pursuant to subsection 2 , paragraph “a” , 11 that the attached copy of the decedent’s will is the last will 12 of the decedent and has been delivered to the office of a clerk 13 of the district court in accordance with Iowa law. 14 (7) That no persons other than the successors listed in the 15 affidavit have a right to the interest of the decedent in the 16 described property. 17 (8) That the affiant requests that the described property be 18 paid, delivered, or transferred to or for the benefit of each 19 successor. 20 (9) That no debt is owed to the department of human services 21 for reimbursement of Medicaid benefits; or if debt is owed, 22 that the debt will be paid to the extent of funds received 23 pursuant to the affidavit. 24 (10) That no inheritance or other taxes are owed to the 25 department of revenue, or if taxes are owed, that the taxes 26 will be paid to the extent of funds received pursuant to the 27 affidavit. 28 (11) That creditors, if any, will be paid to the extent of 29 funds received pursuant to the affidavit. 30 (12) That the affiant affirms under penalty of perjury that 31 the affidavit is true and correct. 32 b. If there are two or more successors, any of the 33 successors may execute an affidavit under this subsection . 34 4. a. If the decedent had evidence of ownership of the 35 -38- LSB 1778HC (12) 88 lh/jh 38/ 64
H.F. _____ property described in the affidavit and the holder of the 1 property would have the right to require presentation of the 2 evidence of ownership before the duty of the holder to pay, 3 deliver, or transfer the property to the decedent would have 4 arisen, the evidence of the ownership, if available, shall be 5 presented with the affidavit to the holder of the decedent’s 6 property. 7 b. If the evidence of ownership is not presented to the 8 holder of the property, the holder may require, as a condition 9 for the payment, delivery, or transfer of the property, that 10 the affiant provide the holder with a bond in a reasonable 11 amount determined by the holder to be sufficient to indemnify 12 the holder against all liability, claims, demands, loss, 13 damages, costs, and expenses that the holder may incur or 14 suffer by reason of the payment, delivery, or transfer of the 15 property. This subsection does not preclude the holder and the 16 affiant from dispensing with the requirement that a bond be 17 provided, and instead entering into an agreement satisfactory 18 to the holder concerning the duty of the affiant to indemnify 19 the holder. 20 c. Judgments rendered by any court in this state and 21 mortgages belonging to a decedent whose personal property is 22 being distributed pursuant to this section may, without prior 23 order of court, be released, discharged, or assigned, in whole 24 or in part, as to any property, and deeds may be executed 25 in performance of real estate contracts entered into by the 26 decedent, where an affidavit made pursuant to subsection 3 or 27 8 is filed in the office of the county recorder of the county 28 wherein any judgment, mortgage, or real estate contract appears 29 of record. 30 5. Reasonable proof of the identity of each successor 31 seeking distribution by virtue of the affidavit shall be 32 provided to the satisfaction of the holder of the decedent’s 33 property. 34 6. a. If the requirements of this section are satisfied: 35 -39- LSB 1778HC (12) 88 lh/jh 39/ 64
H.F. _____ (1) The property described in the affidavit shall be 1 paid, delivered, or transferred to or for the benefit of each 2 successor. 3 (2) A transfer agent of a security described in the 4 affidavit shall change registered ownership on the books of the 5 corporation from the decedent to or for the benefit of each 6 successor. 7 (3) The holder of the property may return the attached 8 certified copy of the decedent’s death certificate to the 9 affiant. 10 b. If the holder of the decedent’s property refuses to pay, 11 deliver, or transfer any property or evidence thereof to or 12 for the benefit of the successor within a reasonable time, 13 a successor may recover the property or compel its payment, 14 delivery, or transfer in an action brought for that purpose 15 against the holder of the property. If an action is brought 16 against the holder under this subsection , the court shall 17 award attorney fees to the person bringing the action if the 18 court finds that the holder of the decedent’s property acted 19 unreasonably in refusing to pay, deliver, or transfer the 20 property to or for the benefit of the successor as required by 21 this subsection . 22 7. a. If the requirements of this section are satisfied, 23 receipt by the holder of the decedent’s property of the 24 affidavit under subsection 3 or 8 constitutes sufficient 25 acquittance for the payment of money, delivery of property, 26 or transferring the registered ownership of property pursuant 27 to this section and discharges the holder from any further 28 liability with respect to the money or property. The holder 29 may rely in good faith on the statements in the affidavit and 30 has no duty to inquire into the truth of any statement in the 31 affidavit. 32 b. If the requirements of this section are satisfied, the 33 holder is not liable for any debt owed by the decedent by 34 reason of paying money, delivering property, or transferring 35 -40- LSB 1778HC (12) 88 lh/jh 40/ 64
H.F. _____ registered ownership of property pursuant to this section . If 1 an action is brought against the holder under this section , 2 the court shall award attorney fees to the holder if the court 3 finds that the holder acted reasonably in paying, delivering, 4 or transferring the property as required by this section . 5 8. a. If an affidavit, executed under this section for 6 a deceased distributee of an estate being administered in 7 this state, is filed with the clerk of the district court in 8 which the estate is being administered, the court shall direct 9 the personal representative to pay the money or deliver the 10 property to or for the benefit of each successor to the extent 11 the court determines that the deceased distributee would have 12 been entitled to money or property of the estate. 13 b. When the department of human services is entitled to 14 money or property of a decedent pursuant to section 249A.53, 15 subsection 2 , and no affidavit has been presented by a 16 successor as defined in subsection 2 , paragraph “a” or “b” , 17 within ninety days of the date of the decedent’s death, the 18 funds in the account or other property, up to the amount of 19 the claim of the department, shall be paid to the department 20 upon presentation by the department or an entity designated by 21 the department of an affidavit to the holder of the decedent’s 22 property. Such affidavit shall include the information 23 specified in subsection 3 , except that the department may 24 submit proof of payment of funeral expenses as verification 25 of the decedent’s death instead of a certified copy of the 26 decedent’s death certificate. The amount of the department’s 27 claim shall also be included in the affidavit, which shall 28 entitle the department to receive the funds as a successor. 29 The department shall issue a refund within sixty days to any 30 claimant with a superior priority pursuant to section 633.425 , 31 if notice of such claim is given to the department, or to the 32 entity designated by the department to receive notice, within 33 one year of the department’s receipt of funds. This paragraph 34 shall apply to funds or property of the decedent transferred 35 -41- LSB 1778HC (12) 88 lh/jh 41/ 64
H.F. _____ to the custody of the treasurer of state as unclaimed property 1 pursuant to chapter 556 . 2 9. The procedure provided by this section may be used only 3 if no administration of the decedent’s estate is pending. 4 10. 9. Upon receipt of an affidavit under subsection 3 and 5 reasonable proof under subsection 5 of the identity of each 6 successor seeking distribution by virtue of the affidavit, the 7 holder of the property shall disclose to the affiant whether 8 the value of the property held by the holder is, or has been at 9 any time since the decedent’s death, fifty thousand dollars or 10 less. An affidavit furnished for the purpose of determining 11 whether the value of the property is, or has been at any time 12 since the decedent’s death, fifty thousand dollars or less need 13 not contain the language required under subsection 3 , paragraph 14 “a” , subparagraph (3), but shall state that the affiant 15 reasonably believes that the gross value of the decedent’s 16 personal property that would otherwise be distributed by will 17 or intestate succession is, or has been at any time since the 18 decedent’s death, fifty thousand dollars or less and there is 19 no real property or the real property passes to persons exempt 20 from inheritance tax as joint tenants with full rights of 21 survivorship. 22 10. The procedure provided by this section may be used only 23 if no administration of the decedent’s estate is pending. 24 Sec. 88. Section 633.637, Code 2019, is amended to read as 25 follows: 26 633.637 Powers of ward. 27 1. A ward for whom a conservator has been appointed shall 28 not have the power to convey, encumber, or dispose of property 29 in any manner, other than by will if the ward possesses the 30 requisite testamentary capacity, unless the court determines 31 that the ward has a limited ability to handle the ward’s own 32 funds. If the court makes such a finding, it the court shall 33 specify to what extent the ward may possess and use the ward’s 34 own funds. 35 -42- LSB 1778HC (12) 88 lh/jh 42/ 64
H.F. _____ 2. Any modification of the powers of the ward that would 1 be more restrictive of the ward’s control over the ward’s 2 financial affairs shall be based upon clear and convincing 3 evidence and the burden of persuasion is on the conservator. 4 Any modification that would be less restrictive of the ward’s 5 control over the ward’s financial affairs shall be based upon 6 proof in accordance with the requirements of section 633.675 . 7 Sec. 89. Section 633.665, Code 2019, is amended to read as 8 follows: 9 633.665 Separate actions and claims. 10 1. Any action pending against the ward at the time the 11 conservator is appointed shall also be considered a claim 12 filed in the conservatorship if notice of substitution is 13 served on the conservator as defendant , and a duplicate of the 14 proof of service of notice of such proceeding is filed in the 15 conservatorship proceeding. 16 2. A separate action based on a debt or other liability 17 of the ward may be commenced against the conservator as such 18 in lieu of filing a claim in the conservatorship. Such an 19 action shall be commenced by serving an original notice on the 20 conservator and filing a duplicate of the proof of service of 21 notice of such proceeding in the conservatorship proceeding. 22 Such an action shall also be considered a claim filed in the 23 conservatorship. Such an action may be commenced only in a 24 county where the venue would have been proper if there were no 25 conservatorship and the action had been commenced against the 26 ward. 27 Sec. 90. Section 669.11, Code 2019, is amended to read as 28 follows: 29 669.11 Payment of award. 30 Any award to a claimant under this chapter , and any judgment 31 in favor of any claimant under this chapter , shall be paid 32 promptly out of appropriations which have been made for such 33 that purpose, if any; but any such amount or part thereof 34 which cannot be paid promptly from such appropriations shall 35 -43- LSB 1778HC (12) 88 lh/jh 43/ 64
H.F. _____ be paid promptly out of any money moneys in the state treasury 1 not otherwise appropriated. Payment shall be made only upon 2 receipt of a written release by the claimant in a form approved 3 by the attorney general. 4 Sec. 91. Section 716.12, Code 2019, is amended to read as 5 follows: 6 716.12 Critical infrastructure sabotage —— penalties. 7 A person who commits critical infrastructure sabotage as 8 defined in section 716.11 is guilty of a class “B” felony, and 9 in addition to the provisions of section 902.9, subsection 1 , 10 paragraph “b” , shall be punished by a fine of not less than 11 eighty-five thousand dollars nor more than one hundred thousand 12 dollars. 13 Sec. 92. Section 717F.1, subsection 5, paragraph a, 14 subparagraph (5), Code 2019, is amended to read as follows: 15 (5) A member of the family rhinocero tidae of the order 16 perissodactyla, which is a rhinoceros. 17 Sec. 93. Section 717F.8, subsection 2, paragraph b, Code 18 2019, is amended to read as follows: 19 b. Five hundred dollars for a member of the family rhinocero 20 tidae of the order perissodactyla, which is a rhinoceros. 21 Sec. 94. Section 820.23, Code 2019, is amended to read as 22 follows: 23 820.23 Application for extradition. 24 1. When the return to this state of a person charged with 25 crime in this state is required, the prosecuting attorney shall 26 present to the governor the prosecuting attorney’s written 27 application for a requisition for the return of the person 28 charged, in which application shall be stated the name of the 29 person so charged, the crime charged against the person, the 30 approximate time, place and circumstances of its commission, 31 the state in which the person is believed to be, including the 32 location of the accused therein at the time the application 33 is made and certifying that , in the opinion of the said 34 prosecuting attorney the ends of justice require the arrest 35 -44- LSB 1778HC (12) 88 lh/jh 44/ 64
H.F. _____ and return of the accused to this state for trial and that the 1 proceeding is not instituted to enforce a private claim. 2 2. When the return to this state is required of a person 3 who has been convicted of a crime in this state and has escaped 4 from confinement or broken the terms of the person’s bail, 5 probation, or parole, the prosecuting attorney of the county 6 in which the offense was committed, the parole board, or the 7 warden of the institution or sheriff of the county, from which 8 escape was made, shall present to the governor a written 9 application for a requisition for the return of such person, 10 in which application shall be stated the name of the person, 11 the crime of which the person was convicted, the circumstances 12 of the person’s escape from confinement or of the breach of the 13 terms of the person’s bail, probation, or parole, and the state 14 in which the person is believed to be, including the location 15 of the person therein at the time application is made. 16 3. The application shall be verified by affidavit, shall 17 be executed in duplicate , and shall be accompanied by two 18 certified copies of the indictment returned, or information 19 and affidavit filed, or of the complaint made to the judge 20 or magistrate, stating the offense with which the accused is 21 charged, or of the judgment of conviction or of the sentence. 22 The prosecuting officer, parole board, warden, or sheriff may 23 also attach such further affidavits and other documents in 24 duplicate as the prosecuting officer, parole board, warden, 25 or sheriff shall deem proper to be submitted with such 26 application. One copy of the application, with the action of 27 the governor indicated by endorsement thereon, and one of the 28 certified copies of the indictment, complaint, information, and 29 affidavits or of the judgment of conviction or of the sentence 30 shall be filed in the office of the governor to remain of 31 record in that office. The other copies of all papers shall be 32 forwarded with the governor’s requisition. 33 Sec. 95. Section 822.6, subsection 2, Code 2019, is amended 34 to read as follows: 35 -45- LSB 1778HC (12) 88 lh/jh 45/ 64
H.F. _____ 2. When a court is satisfied, on the basis of the 1 application, the answer or motion, and the record, that the 2 applicant is not entitled to postconviction relief and no 3 purpose would be served by any further proceedings, it the 4 court may indicate to the parties its intention to dismiss the 5 application and its the reasons for dismissal. The applicant 6 shall be given an opportunity to reply to the proposed 7 dismissal. In light of the reply, or on default thereof, the 8 court may order the application dismissed or grant leave to 9 file an amended application or direct that the proceedings 10 otherwise continue. Disposition on the pleadings and record is 11 not proper if a material issue of fact exists. 12 DIVISION II 13 CORRESPONDING CHANGES 14 Sec. 96. Section 8D.13, subsection 18, Code 2019, is amended 15 to read as follows: 16 18. Access to the network shall be offered to the department 17 of public safety and the department of public defense for 18 the purpose of establishing and operating a shared data-only 19 network providing law enforcement, emergency management, 20 disaster service, emergency warning, and other emergency 21 information dissemination services to federal, state, and local 22 law enforcement agencies as provided in sections 80.9 80.5 and 23 80.9B , and local emergency management offices established under 24 the authority of sections 29C.9 and 29C.10 . 25 Sec. 97. Section 97A.1, subsection 10, Code 2019, is amended 26 to read as follows: 27 10. “Earnable compensation” or “compensation earnable” 28 shall mean the regular compensation which a member would earn 29 during one year on the basis of the stated compensation for the 30 member’s rank or position including compensation for longevity 31 and the daily amount received for meals under section 80.8 80.6 32 and excluding any amount received for overtime compensation 33 or other special additional compensation, other payments for 34 meal expenses, uniform cleaning allowances, travel expenses, 35 -46- LSB 1778HC (12) 88 lh/jh 46/ 64
H.F. _____ and uniform allowances and excluding any amount received upon 1 termination or retirement in payment for accumulated sick leave 2 or vacation. 3 Sec. 98. Section 99F.1, subsection 7, Code 2019, is amended 4 to read as follows: 5 7. “Division” means the division of criminal investigation 6 of the department of public safety as provided in section 80.17 7 80.4 . 8 Sec. 99. Section 135.141, subsection 1, Code 2019, is 9 amended to read as follows: 10 1. A division of acute disease prevention and emergency 11 response is established within the department. The division 12 shall coordinate the administration of this division of this 13 chapter subchapter with other administrative divisions of the 14 department and with federal, state, and local agencies and 15 officials. 16 Sec. 100. Section 135.141, subsection 2, paragraphs g and i, 17 Code 2019, are amended to read as follows: 18 g. Apply for and accept grants, gifts, or other funds to be 19 used for programs authorized by this division of this chapter 20 subchapter . 21 i. Adopt rules pursuant to chapter 17A for the 22 administration of this division of this chapter subchapter 23 including rules adopted in cooperation with the Iowa pharmacy 24 association and the Iowa hospital association for the 25 development of a surveillance system to monitor supplies 26 of drugs, antidotes, and vaccines to assist in detecting a 27 potential public health disaster. Prior to adoption, the 28 rules shall be approved by the state board of health and the 29 director of the department of homeland security and emergency 30 management. 31 Sec. 101. Section 135.143, subsection 3, unnumbered 32 paragraph 1, Code 2019, is amended to read as follows: 33 A member of a public health response team acting pursuant to 34 this division of this chapter subchapter shall be considered 35 -47- LSB 1778HC (12) 88 lh/jh 47/ 64
H.F. _____ an employee of the state under section 29C.21 and chapter 669 , 1 shall be afforded protection as an employee of the state under 2 section 669.21 , and shall be considered an employee of the 3 state for purposes of workers’ compensation, disability, and 4 death benefits, provided that the member has done all of the 5 following: 6 Sec. 102. Section 135.144, subsections 5, 6, 7, and 8, Code 7 2019, are amended to read as follows: 8 5. Order physical examinations and tests and collect 9 specimens as necessary for the diagnosis or treatment of 10 individuals, to be performed by any qualified person authorized 11 to do so by the department. An examination or test shall not be 12 performed or ordered if the examination or test is reasonably 13 likely to lead to serious harm to the affected individual. 14 The department may isolate or quarantine, pursuant to chapter 15 139A and the rules implementing chapter 139A and this division 16 of this chapter subchapter , any individual whose refusal of 17 medical examination or testing results in uncertainty regarding 18 whether the individual has been exposed to or is infected with 19 a communicable or potentially communicable disease or otherwise 20 poses a danger to public health. 21 6. Vaccinate or order that individuals be vaccinated 22 against an infectious disease and to prevent the spread of 23 communicable or potentially communicable disease. Vaccinations 24 shall be administered by any qualified person authorized to do 25 so by the department. The vaccination shall not be provided or 26 ordered if it is reasonably likely to lead to serious harm to 27 the affected individual. To prevent the spread of communicable 28 or potentially communicable disease, the department may 29 isolate or quarantine, pursuant to chapter 139A and the rules 30 implementing chapter 139A and this division of this chapter 31 subchapter , any person who is unable or unwilling to undergo 32 vaccination pursuant to this subsection . 33 7. Treat or order that individuals exposed to or infected 34 with disease receive treatment or prophylaxis. Treatment 35 -48- LSB 1778HC (12) 88 lh/jh 48/ 64
H.F. _____ or prophylaxis shall be administered by any qualified 1 person authorized to do so by the department. Treatment or 2 prophylaxis shall not be provided or ordered if the treatment 3 or prophylaxis is reasonably likely to lead to serious harm to 4 the affected individual. To prevent the spread of communicable 5 or potentially communicable disease, the department may 6 isolate or quarantine, pursuant to chapter 139A and the rules 7 implementing chapter 139A and this division of this chapter 8 subchapter , any individual who is unable or unwilling to 9 undergo treatment or prophylaxis pursuant to this section . 10 8. Isolate or quarantine individuals or groups of 11 individuals pursuant to chapter 139A and the rules implementing 12 chapter 139A and this division of this chapter subchapter . 13 Sec. 103. Section 282.18, subsection 11, paragraph c, Code 14 2019, is amended to read as follows: 15 c. For purposes of this subsection , “school days of 16 enrollment” does not include enrollment in summer school. For 17 purposes of this subsection , “varsity” means the same as defined 18 in section 256.46 , subsection 3 . 19 DIVISION III 20 CODE EDITOR DIRECTIVES 21 Sec. 104. CODE EDITOR DIRECTIVES. 22 1. Sections 18B.2, subsection 1, paragraph “a”, 23 subparagraph (2), subparagraph division (a); and 455B.262, 24 subsection 1, Code 2019, are amended by striking the 25 words “flood plain” and inserting in lieu thereof the word 26 “floodplain”. 27 2. Sections 335.2 and 414.21, Code 2019, are amended by 28 striking the words “flood plains” and inserting in lieu thereof 29 the word “floodplains”. 30 3. Sections 49A.9, 218.72, 222.11, 222.69, 225.28, 226.17, 31 and 230.11, Code 2019, are amended by striking the word “money” 32 and inserting in lieu thereof the word “moneys”. 33 4. Sections 25.2, subsection 4; 85.59, subsection 4; and 34 166.42, subsection 2, Code 2019, are amended by striking the 35 -49- LSB 1778HC (12) 88 lh/jh 49/ 64
H.F. _____ word “money” and inserting in lieu thereof the word “moneys”. 1 5. Sections 135.42 and 249A.40, Code 2019, are amended by 2 striking the word “division” and inserting in lieu thereof the 3 word “subchapter”. 4 6. Sections 15E.206, subsection 3, paragraph “a”; 15E.207, 5 subsection 2, paragraph “b”, subparagraph division (c); 6 15E.208, subsection 5, paragraph “g”, subparagraphs (1) 7 and (2); 15E.208, subsection 6, paragraph “d”, subparagraph 8 (1), subparagraph division (a); 135.61, unnumbered paragraph 9 1; 135.61, subsection 1, paragraph “d”; 135.61, subsection 10 4; 135.62, subsection 1; 135.62, subsection 2, paragraph 11 “f”, subparagraphs (2), (4), and (5); 135.63, subsection 12 1; 135.63, subsection 2, unnumbered paragraph 1; 135.63, 13 subsection 2, paragraph “f”; 135.63, subsection 2, paragraph 14 “g”, subparagraph (1); 135.63, subsection 2, paragraph 15 “h”, subparagraph (1), unnumbered paragraph 1; 135.63, 16 subsection 2, paragraph “j”; 135.63, subsection 2, paragraph 17 “k”, subparagraph (1), unnumbered paragraph 1; 135.63, 18 subsection 2, paragraph “l”, unnumbered paragraph 1; 135.63, 19