House Study Bill 203 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON HOLT) A BILL FOR An Act relating to statutory corrections which may adjust 1 language to reflect current practices, insert earlier 2 omissions, delete redundancies and inaccuracies, delete 3 temporary language, resolve inconsistencies and conflicts, 4 update ongoing provisions, or remove ambiguities, and 5 including retroactive applicability provisions. 6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 7 TLSB 1777HC (9) 88 lh/jh
H.F. _____ DIVISION I 1 MISCELLANEOUS CHANGES 2 Section 1. Section 1.14, Code 2019, is amended to read as 3 follows: 4 1.14 Tribal ordinances or customs enforced. 5 Any tribal ordinance or custom heretofore or hereafter 6 adopted by the governing council of the Sac and Fox Indian 7 settlement in Tama county in the exercise of any authority 8 which it may possess shall, if not inconsistent with any 9 applicable civil law of the state, be given full force and 10 effect in the determination of civil causes of action pursuant 11 to sections 1.12 , 1.13 , this section , and 1.15 . 12 Sec. 2. Section 8.33, Code 2019, is amended to read as 13 follows: 14 8.33 Time limit on obligations —— reversion. 15 1. No obligation of any kind shall be incurred or created 16 subsequent to the last day of the fiscal year for which 17 an appropriation is made, except when specific provision 18 otherwise is made in the Act making the appropriation. On 19 August 31, or as otherwise provided in an appropriation Act, 20 following the close of each fiscal year, all unencumbered or 21 unobligated balances of appropriations made for that fiscal 22 term revert to the state treasury and to the credit of the 23 funds from which the appropriations were made, except that 24 capital expenditures for the purchase of land or the erection 25 of buildings or new construction continue in force until the 26 attainment of the object or the completion of the work for 27 which the appropriations were made unless the Act making an 28 appropriation for the capital expenditure contains a specific 29 provision relating to a time limit for incurring an obligation 30 or reversion of funds. This section does not repeal sections 31 7D.11 through 7D.14 . 32 2. No A payment of an obligation for goods and services 33 shall not be charged to an appropriation subsequent to the last 34 day of the fiscal year for which the appropriation is made 35 -1- LSB 1777HC (9) 88 lh/jh 1/ 135
H.F. _____ unless the goods or services are received on or before the last 1 day of the fiscal year, except that repair projects, purchase 2 of specialized equipment and furnishings, and other contracts 3 for services and capital expenditures for the purchase of land 4 or the erection of buildings or new construction or remodeling, 5 which were committed and in progress prior to the end of the 6 fiscal year are excluded from this provision subsection . 7 Sec. 3. Section 8.35A, subsection 2, Code 2019, is amended 8 to read as follows: 9 2. Commencing October 1, the director shall provide weekly 10 budget tapes data files in the form and level of detail 11 requested by the legislative services agency reflecting 12 finalized agency budget requests for the following fiscal year 13 as submitted to the governor. The director shall transmit 14 all agency requests in final form to the legislative services 15 agency by November 15. Final budget records containing the 16 governor’s recommendation and final agency requests shall be 17 transmitted to the legislative services agency by January 18 1 or no later than the date the governor’s budget document 19 is delivered to the printer. The governor’s recommendation 20 included on this record shall be considered confidential by 21 the legislative services agency until it is made public by 22 the governor. The legislative services agency shall use this 23 data in the preparation of information for the legislative 24 appropriation process. 25 Sec. 4. Section 8.38, Code 2019, is amended to read as 26 follows: 27 8.38 Misuse of appropriations. 28 No A state department, institution, or agency, or any board 29 member, commissioner, director, manager, or other person 30 connected with any such department, institution, or agency, 31 shall not expend funds or approve claims in excess of the 32 appropriations made thereto, nor expend funds for any purpose 33 other than that for which the money was appropriated, except 34 as otherwise provided by law. A violation of the foregoing 35 -2- LSB 1777HC (9) 88 lh/jh 2/ 135
H.F. _____ provision this section shall make any person violating same, 1 committing or consenting to the violation of same liable to the 2 state for such the sum so expended together with interest and 3 costs, which shall be recoverable in an action to be instituted 4 by the attorney general for the use of the state , which . The 5 action may be brought in any county of the state. 6 Sec. 5. Section 8.46, subsection 4, Code 2019, is amended 7 to read as follows: 8 4. A contract for construction by a private party of 9 property to be lease-purchased by a state agency is a contract 10 for a public improvement as defined in section 26.2 and is a 11 lease-purchase arrangement for purposes of this section . If 12 the estimated cost of the property to be lease-purchased that 13 is renovated, repaired, or involves new construction exceeds 14 the competitive bid threshold in section 26.3 , the state agency 15 shall comply with the competitive bidding requirements of 16 section 26.3 . 17 Sec. 6. Section 8.57B, subsection 1, Code 2019, is amended 18 to read as follows: 19 1. A water quality infrastructure fund is created within 20 the division of soil conservation and water quality of the 21 department of agriculture and land stewardship. The fund shall 22 consist of moneys transferred deposited in the fund pursuant 23 to section 8.57, subsection 5 , paragraph “f” , subparagraph 24 (1), subparagraph division (c), moneys transferred to the fund 25 pursuant to section 423G.6 , and appropriations made to the fund 26 and transfers of interest, earnings, and moneys from other 27 funds as provided by law. 28 Sec. 7. Section 8A.315, subsection 5, Code 2019, is amended 29 to read as follows: 30 5. Information on recycled content shall be requested on all 31 bids for paper products other than printing and writing paper 32 issued by the state and on other bids for products which could 33 have recycled content such as oil, plastic products, including 34 but not limited to compost materials, aggregate, solvents, 35 -3- LSB 1777HC (9) 88 lh/jh 3/ 135
H.F. _____ soybean-based inks, and rubber products. Except for purchases 1 of printing and writing paper made pursuant to subsection 2 , 2 paragraphs “c” , “d” , and “e” , the department shall require 3 persons submitting bids for printing and writing paper to 4 certify that the printing and writing paper proposed complies 5 with the requirements referred to in subsection 2 , paragraph 6 “a” . 7 Sec. 8. Section 9A.105, subsections 2, 3, and 4, Code 2019, 8 are amended to read as follows: 9 2. Instead of proceeding under subsection 1 , an individual 10 registered as an athlete agent in another state may apply for 11 registration as an athlete agent in this state by submitting to 12 the secretary of state all of the following: 13 a. A copy of the application for registration in another 14 state. 15 b. A statement that identifies any material change in the 16 information on the application or verifies there is no material 17 change in the information, signed under penalty of perjury. 18 c. A copy of the certificate of registration from the other 19 state. 20 3. The secretary of state shall issue a certificate of 21 registration to an individual who applies for registration 22 under subsection 2 if the secretary of state determines all of 23 the following: 24 a. The application and registration requirements of the 25 other state are substantially similar to or more restrictive 26 than this chapter . 27 b. The registration has not been revoked or suspended and 28 no action involving the individual’s conduct as an athlete 29 agent is pending against the individual or the individual’s 30 registration in any state. 31 4. For purposes of implementing subsection 3 , the secretary 32 of state shall do all of the following: 33 a. Cooperate with national organizations concerned with 34 athlete agent issues and agencies in other states which 35 -4- LSB 1777HC (9) 88 lh/jh 4/ 135
H.F. _____ register athlete agents to develop a common registration form 1 and determine which states have laws that are substantially 2 similar to or more restrictive than this chapter . 3 b. Exchange information, including information related 4 to actions taken against registered athlete agents or their 5 registrations, with those organizations and agencies. 6 Sec. 9. Section 9A.106, subsections 2 and 3, Code 2019, are 7 amended to read as follows: 8 2. The secretary of state may refuse to issue a certificate 9 of registration to an applicant for registration under section 10 9A.105, subsection 1 , if the secretary of state determines 11 that the applicant has engaged in conduct that significantly 12 adversely reflects on the applicant’s fitness to act as an 13 athlete agent. In making the determination, the secretary of 14 state may consider whether the applicant has done any of the 15 following: 16 a. Pleaded guilty or no contest to, has been convicted of, 17 or has charges pending for, a crime that would involve moral 18 turpitude or be a felony if committed in this state. 19 b. Made a materially false, misleading, deceptive, or 20 fraudulent representation in the application or as an athlete 21 agent. 22 c. Engaged in conduct that would disqualify the applicant 23 from serving in a fiduciary capacity. 24 d. Engaged in conduct prohibited by section 9A.114 . 25 e. Had a registration as an athlete agent suspended, 26 revoked, or denied in any state. 27 f. Been refused renewal of registration as an athlete agent 28 in any state. 29 g. Engaged in conduct resulting in imposition of a sanction, 30 suspension, or declaration of ineligibility to participate in 31 an interscholastic, intercollegiate, or professional athletic 32 event on a student athlete or a sanction on an educational 33 institution. 34 h. Engaged in conduct that adversely reflects on the 35 -5- LSB 1777HC (9) 88 lh/jh 5/ 135
H.F. _____ applicant’s credibility, honesty, or integrity. 1 3. In making a determination under subsection 2 , the 2 secretary of state shall consider all of the following: 3 a. How recently the conduct occurred. 4 b. The nature of the conduct and the context in which it 5 occurred. 6 c. Other relevant conduct of the applicant. 7 Sec. 10. Section 9A.110, subsection 2, Code 2019, is amended 8 to read as follows: 9 2. An agency contract shall contain all of the following 10 information: 11 a. A statement that the agent is registered as an athlete 12 agent in this state and a list of any other states in which the 13 agent is registered as an athlete agent. 14 b. The amount and method of calculating the consideration to 15 be paid by the student athlete for services to be provided by 16 the agent under the contract and any other consideration the 17 agent has received or will receive from any other source for 18 entering into the contract or providing the services. 19 c. The name of any person not listed in the agent’s 20 application for registration or renewal of registration which 21 will be compensated because the athlete signed the contract. 22 d. A description of any expenses the athlete agrees to 23 reimburse. 24 e. A description of the services to be provided to the 25 athlete. 26 f. The duration of the contract. 27 g. The date of execution. 28 Sec. 11. Section 9A.113, subsection 1, Code 2019, is amended 29 to read as follows: 30 1. An athlete agent shall create and retain for five years 31 records of all of the following: 32 a. The name and address of each individual represented by 33 the agent. 34 b. Each agency contract entered into by the agent. 35 -6- LSB 1777HC (9) 88 lh/jh 6/ 135
H.F. _____ c. The direct costs incurred by the agent in the recruitment 1 or solicitation of each student athlete to enter into an agency 2 contract. 3 Sec. 12. Section 16.134A, subsection 3, unnumbered 4 paragraph 1, Code 2019, is amended to read as follows: 5 For each fiscal year in the fiscal period beginning July 6 1, 2018, and ending June 30, 2029, there is appropriated the 7 following percentages of the balance of the fund for the 8 following purposes: 9 Sec. 13. Section 16.154, subsection 1, unnumbered paragraph 10 1, Code 2019, is amended to read as follows: 11 An eligible entity may apply to the authority for financial 12 assistance under the program by submitting a plan that meets 13 all of the following requirements: 14 Sec. 14. Section 16.154, subsection 3, Code 2019, is amended 15 to read as follows: 16 3. An If an application by an eligible entity is approved , 17 the eligible entity shall may enter into an agreement with 18 the authority for the provision of financial assistance. 19 The agreement shall include standard terms for the receipt 20 of program moneys and any other terms the authority deems 21 necessary or convenient for the efficient administration of the 22 program. 23 Sec. 15. Section 17A.4B, subsection 1, paragraph c, Code 24 2019, is amended by striking the paragraph. 25 Sec. 16. Section 24.27, Code 2019, is amended to read as 26 follows: 27 24.27 Protest to budget. 28 1. Not later than March 25 , or April 25 if the municipality 29 is a school district, a number of persons in any municipality 30 equal to one-fourth of one percent of those voting for the 31 office of governor, at the last general election in the 32 municipality, but the number shall not be less than ten, and 33 the number need not be more than one hundred persons, who are 34 affected by any proposed budget, expenditure or tax levy, 35 -7- LSB 1777HC (9) 88 lh/jh 7/ 135
H.F. _____ or by any item thereof, may appeal from any decision of the 1 certifying board or the levying board by filing with the county 2 auditor of the county in which the municipal corporation is 3 located, a written protest setting forth their objections to 4 the budget, expenditure or tax levy, or to one or more items 5 thereof, and the grounds for their objections. If a budget 6 is certified after March 15 , or April 15 in the case of a 7 school district, all appeal time limits shall be extended to 8 correspond to allowances for a timely filing. 9 2. Upon the filing of a protest, the county auditor shall 10 immediately prepare a true and complete copy of the written 11 protest, together with the budget, proposed tax levy or 12 expenditure to which objections are made, and shall transmit 13 them forthwith to the state board, and shall also send a copy 14 of the protest to the certifying board or to the levying board, 15 as the case may be. 16 Sec. 17. Section 26.2, subsection 3, Code 2019, is amended 17 to read as follows: 18 3. a. “Public improvement” means a building or construction 19 work which that is constructed under the control of a 20 governmental entity and for which either of the following 21 applies: 22 (1) Has been paid for in whole or in part with funds of the 23 governmental entity. 24 (2) A commitment has been made prior to construction by the 25 governmental entity to pay for the building or construction 26 work in whole or in part with funds of the governmental entity. 27 b. “Public improvement” includes a building or improvement 28 constructed or operated jointly with any other public or 29 private agency, but excludes urban all of the following: 30 (1) Urban renewal demolition and low-rent housing projects , 31 industrial . 32 (2) Industrial aid projects authorized under chapter 419 , 33 emergency . 34 (3) Emergency work or repair or maintenance work performed 35 -8- LSB 1777HC (9) 88 lh/jh 8/ 135
H.F. _____ by employees of a governmental entity , and excludes a . 1 (4) A highway, bridge, or culvert project , and excludes 2 construction . 3 (5) Construction or repair or maintenance work performed 4 for a city utility under chapter 388 by its employees or 5 performed for a rural water district under chapter 357A by its 6 employees. 7 Sec. 18. Section 29A.12A, subsection 3, Code 2019, is 8 amended to read as follows: 9 3. There is no liability to the state of Iowa under this 10 section . Members of the governing body of the activity shall 11 not be held to any personal or individual liability personally 12 or individually liable for any action taken by them under this 13 chapter . 14 Sec. 19. Section 29A.57, subsection 7, Code 2019, is amended 15 to read as follows: 16 7. There is no liability to the state of Iowa under 17 this section . Members of the armory board and of the state 18 executive council shall not be held to any personal or 19 individual liability personally or individually liable for any 20 action taken by them under this chapter . 21 Sec. 20. Section 43.20, subsection 1, paragraphs a, b, and 22 c, Code 2019, are amended to read as follows: 23 a. If for governor, or United States senator, by at least 24 one percent of the voters of the candidate’s party, in each of 25 at least ten counties of the state, and in the aggregate by 26 not less than one-half of one percent of the total vote of the 27 candidate’s party in the state, as shown by the last general 28 election. 29 b. If for any other state office, by at least fifty 30 signatures in each of at least ten counties of the state, and 31 in the aggregate by not less than one thousand signatures. 32 c. If for a representative in Congress, in districts 33 composed of more than one county, by at least two percent of 34 the voters of the candidate’s party, as shown by the last 35 -9- LSB 1777HC (9) 88 lh/jh 9/ 135
H.F. _____ general election, in each of at least one-half of the counties 1 of the district, and in the aggregate by not less than one 2 percent of the total vote of the candidate’s party in such 3 district, as shown by the last general election. If for a 4 representative in the general assembly, by not less than fifty 5 voters of the representative district; and if for a senator in 6 the general assembly, by not less than one hundred voters of 7 the senatorial district. 8 Sec. 21. Section 44.9, subsection 3, Code 2019, is amended 9 to read as follows: 10 3. In the office of the proper appropriate school board 11 secretary, at least thirty-five days before the day of a 12 regularly scheduled school election. 13 Sec. 22. Section 49.58, subsection 2, Code 2019, is amended 14 to read as follows: 15 2. Each candidate for that office whose name appeared 16 on the general election ballot shall also be a candidate for 17 the office in the special election, except that the deceased 18 candidate’s political party may designate another candidate in 19 substantially the manner provided by section 43.78 for filling 20 vacancies on the general election ballot. However, a political 21 party which did not have a candidate on the general election 22 ballot for the office in question may similarly designate a 23 candidate for that office in the special election. The name 24 of any replacement or additional candidate so designated shall 25 be submitted in writing to the state commissioner, or the 26 commissioner in the case of a candidate for county supervisor, 27 not later than 5:00 p.m. on the first Tuesday after the date of 28 the general election. No other candidate whose The name of a 29 candidate that did not appear on the general election ballot 30 as a candidate for the office in question shall not be placed 31 on the ballot for the special election, in any manner. The 32 special election shall be held and canvassed in the manner 33 prescribed by law for the general election. 34 Sec. 23. Section 49.102, Code 2019, is amended to read as 35 -10- LSB 1777HC (9) 88 lh/jh 10/ 135
H.F. _____ follows: 1 49.102 Defective ballots. 2 Said defective ballots Ballots containing a defect described 3 in section 49.101 shall be counted for the candidate or 4 candidates for such offices named in the nomination papers, 5 certificate of nomination, or certified abstract. 6 Sec. 24. Section 49.103, Code 2019, is amended to read as 7 follows: 8 49.103 Wrong ballots. 9 Said wrong ballots Ballots containing an error described in 10 section 49.101 shall be counted as cast for all candidates for 11 whom the voter had the right to vote, and for whom the voter did 12 vote. 13 Sec. 25. Section 53.26, Code 2019, is amended to read as 14 follows: 15 53.26 Rejected ballots —— how handled. 16 1. Every ballot not counted shall be endorsed on the back 17 thereof with the following: 18 “Rejected Rejected because (giving reason therefor)” 19 therefor) . 20 2. All rejected ballots shall be enclosed and securely 21 sealed in an envelope on which the precinct election officials 22 shall endorse “Defective ballots”, with a statement of signed 23 by the precinct election officials regarding the precinct in 24 which and the date of the election at which they were cast , and 25 be signed by the precinct election officials and . The envelope 26 shall be returned to the same officer and in the same manner 27 as by law provided for the return and preservation of official 28 ballots voted at such election. 29 Sec. 26. Section 59.5, Code 2019, is amended to read as 30 follows: 31 59.5 Statement and depositions —— notice. 32 The secretary shall deliver the same unopened papers 33 described in section 59.4 to the presiding officer of the house 34 in which the contest is to be tried, on or before the second 35 -11- LSB 1777HC (9) 88 lh/jh 11/ 135
H.F. _____ day of the session, regular or special, of the general assembly 1 next after taking the depositions , and the . The presiding 2 officer shall immediately give notice to that officer’s house 3 that such papers are in the officer’s possession. 4 Sec. 27. Section 66.10, Code 2019, is amended to read as 5 follows: 6 66.10 Governor to direct filing. 7 The governor shall direct the attorney general to file such 8 a petition for removal against any of said officers public 9 officer whenever the governor has reasonable grounds for 10 such direction. The attorney general shall comply with such 11 direction and prosecute such the action. 12 Sec. 28. Section 66.15, Code 2019, is amended to read as 13 follows: 14 66.15 Order by appointed judge. 15 Upon the receipt of such a commission issued pursuant to 16 section 66.14 , said the judge shall immediately make an order 17 fixing a time and place of hearing in the county in which the 18 petition is filed. Said time The hearing date shall not be not 19 less than ten days nor more than twenty days from the date of 20 the order. 21 Sec. 29. Section 66.16, Code 2019, is amended to read as 22 follows: 23 66.16 Filing order —— effect. 24 Said The order for hearing issued pursuant to section 66.15 25 shall be forwarded to the clerk of the district court of the 26 county in which the hearing is to be had. Said The time and 27 place for the hearing specified in the order shall supersede 28 the time and place specified in any notice already served. 29 Sec. 30. Section 66.17, Code 2019, is amended to read as 30 follows: 31 66.17 Notice to accused. 32 The clerk shall file said the order issued pursuant to 33 section 66.15 , and forthwith give the defendant, by mail, 34 notice of the time and place of hearing. 35 -12- LSB 1777HC (9) 88 lh/jh 12/ 135
H.F. _____ Sec. 31. Section 66.30, Code 2019, is amended to read as 1 follows: 2 66.30 Ordinance. 3 The council may, by ordinance, provide as to the manner of 4 preferring and hearing such charges filed pursuant to section 5 66.29 . No A person shall not be twice removed twice by the 6 council from the same office for the same offense. Proceedings 7 before the council shall not be a bar to proceedings in the 8 district court as provided in this chapter provided . 9 Sec. 32. Section 69.16, subsection 2, Code 2019, is amended 10 to read as follows: 11 2. In the case where the appointment of members of the 12 general assembly is allowed, and the law does not otherwise 13 provide, if an even number of legislators are appointed they 14 shall be equally divided by political party affiliation; if an 15 odd number of members of the general assembly are appointed, 16 the number representing a certain political party shall not 17 exceed by more than one the number of legislative members of 18 the other political party who may be appointed by more than 19 one . 20 Sec. 33. Section 76.2, subsection 1, paragraph b, Code 2019, 21 is amended to read as follows: 22 b. If the resolution is filed prior to April 1 , or May 1 , if 23 the political subdivision is a school district, the annual levy 24 shall begin with the tax levy for collection commencing July 25 1 of that year. If the resolution is filed after April 1 , or 26 May 1 , in the case of a school district, the annual levy shall 27 begin with the tax levy for collection in the next succeeding 28 fiscal year. However, the governing authority of a political 29 subdivision may adjust a levy of taxes made under this section 30 for the purpose of adjusting the annual levies and collections 31 for property severed from the political subdivision, subject to 32 the approval of the director of the department of management. 33 Sec. 34. Section 84A.2, subsection 12, paragraph b, Code 34 2019, is amended to read as follows: 35 -13- LSB 1777HC (9) 88 lh/jh 13/ 135
H.F. _____ b. “Industry or sector partnership” may include 1 representatives of state or local government, state or 2 local economic development agencies , the state workforce 3 development board, local workforce development boards, the 4 department of workforce development or another entity providing 5 employment services, state or local agencies, business or trade 6 associations, economic development organizations, nonprofit 7 organizations, community-based organizations, philanthropic 8 organizations, industry associations, and other organizations, 9 as determined to be necessary by the members comprising the 10 industry or sector partnership. 11 Sec. 35. Section 85.37, subsection 1, Code 2019, is amended 12 to read as follows: 13 1. If an employee receives a personal injury causing 14 temporary total disability, or causing a permanent partial 15 disability for which compensation is payable during a healing 16 period, compensation for the temporary total disability or for 17 the healing period shall be upon the basis provided in this 18 section . The weekly benefit amount payable to any employee 19 for any one week shall be upon the basis of eighty percent 20 of the employee’s weekly spendable earnings, but shall not 21 exceed an amount, rounded to the nearest dollar, equal to 22 sixty-six and two-thirds percent of the statewide average 23 weekly wage paid employees as determined by the department of 24 workforce development under section 96.19, subsection 36 , and 25 in effect at the time of the injury. However, as of July 1, 26 1975; July 1, 1977; July 1, 1979; and July 1, 1981, the maximum 27 weekly benefit amount rounded to the nearest dollar shall be 28 increased so that it equals one hundred percent, one hundred 29 thirty-three and one-third percent, one hundred sixty-six and 30 two-thirds percent, and two hundred percent , respectively, 31 of the statewide average weekly wage as determined above in 32 this section . Total weekly compensation for any employee 33 shall not exceed eighty percent per week of the employee’s 34 weekly spendable earnings. The minimum weekly benefit amount 35 -14- LSB 1777HC (9) 88 lh/jh 14/ 135
H.F. _____ shall be equal to the weekly benefit amount of a person whose 1 gross weekly earnings are thirty-five percent of the statewide 2 average weekly wage, or to the spendable weekly earnings of the 3 employee, whichever are less. 4 Sec. 36. Section 85A.26, Code 2019, is amended to read as 5 follows: 6 85A.26 Insurance contracts. 7 No policy of insurance in effect at the time of the enactment 8 of this chapter on October 1, 1947, covering the liability 9 of an employer under the workers’ compensation law, shall be 10 construed to cover the liability of such employer under this 11 chapter for any occupational disease unless such liability 12 is expressly accepted by the insurance carrier issuing such 13 policy and is endorsed thereon on the policy . The insurance or 14 security in force to cover compensation liability under this 15 chapter shall be separate and distinct from the insurance or 16 security under the workers’ compensation law and any insurance 17 contract covering liability under either this chapter or the 18 workers’ compensation law need not cover any liability under 19 the other. 20 Sec. 37. Section 86.11, Code 2019, is amended to read as 21 follows: 22 86.11 Reports of injuries. 23 Every employer shall hereafter keep a record of all 24 injuries, fatal or otherwise, alleged by an employee to have 25 been sustained in the course of the employee’s employment 26 and resulting in incapacity for a longer period than one 27 day. If the injury results only in temporary disability, 28 causing incapacity for a longer period than three days, 29 then within four days thereafter, not counting Sundays and 30 legal holidays, the employer or insurance carrier having had 31 notice or knowledge of the occurrence of such injury and 32 resulting disability shall file a report with the workers’ 33 compensation commissioner in the form and manner required by 34 the commissioner. If such injury to the employee results in 35 -15- LSB 1777HC (9) 88 lh/jh 15/ 135
H.F. _____ permanent total disability, permanent partial disability, or 1 death, then the employer or insurance carrier, upon notice or 2 knowledge of the occurrence of the employment injury, shall 3 file a report with the workers’ compensation commissioner 4 within four days after having notice or knowledge of the 5 permanent injury to the employee or the employee’s death. The 6 report to the workers’ compensation commissioner of injury 7 shall be without prejudice to the employer or insurance 8 carrier and shall not be admitted in evidence or used in any 9 trial or hearing before any court, the workers’ compensation 10 commissioner, or a deputy workers’ compensation commissioner 11 except as to the notice under section 85.23 . 12 Sec. 38. Section 88.1, subsection 3, Code 2019, is amended 13 to read as follows: 14 3. Authorizing the labor commissioner to set mandatory 15 occupational safety and health standards applicable to 16 businesses, and by providing for an adjudicatory process 17 through the employment appeal board within the department of 18 inspections and appeals for carrying out adjudicatory functions 19 under the this chapter. 20 Sec. 39. Section 96.7, subsection 2, paragraph d, 21 subparagraph (1), Code 2019, is amended to read as follows: 22 (1) The current reserve fund ratio is computed by dividing 23 the total funds available for payment of benefits, on the 24 computation date or on August 15 following the computation 25 date if the total funds available for payment of benefits is a 26 higher amount on August 15, by the total wages paid in covered 27 employment excluding reimbursable employment wages during the 28 first four calendar quarters of the five calendar quarters 29 immediately preceding the computation date. However, in 30 computing the current reserve fund ratio the following amounts , 31 beginning July 1, 2007, one hundred fifty million dollars shall 32 be added to the total funds available for payment of benefits 33 on the following computation dates: 34 (a) Twenty million dollars on July 1, 2004. 35 -16- LSB 1777HC (9) 88 lh/jh 16/ 135
H.F. _____ (b) Seventy million dollars on July 1, 2005. 1 (c) One hundred twenty million dollars on July 1, 2006. 2 (d) One hundred fifty million dollars on July 1, 2007, and 3 on each subsequent computation date. 4 Sec. 40. Section 96.16, subsections 1 and 2, Code 2019, are 5 amended to read as follows: 6 1. Penalties. An individual who makes a false statement 7 or representation knowing it to be false or knowingly fails to 8 disclose a material fact, to obtain or increase any benefit or 9 other payment under this chapter , either for the individual or 10 for any other individual, is guilty of a fraudulent practice as 11 defined in sections 714.8 to through 714.14 . The total amount 12 of benefits or payments involved in the completion of or in 13 the attempt to complete a fraudulent practice shall be used in 14 determining the value involved under section 714.14 . 15 2. False statement. Any employing unit or any officer or 16 agent of an employing unit or any other person who makes a 17 false statement or representation knowing it to be false, or 18 who knowingly fails to disclose a material fact, to prevent 19 or reduce the payment of benefits to any individual entitled 20 thereto, or to avoid becoming or remaining subject hereto, 21 or to avoid or reduce any contribution or other payment 22 required from an employing unit under this chapter , or who 23 willfully fails or refuses to make any such contributions or 24 other payment or to furnish any reports required hereunder 25 or to produce or permit the inspection or copying of records 26 as required hereunder, is guilty of a fraudulent practice 27 as defined in sections 714.8 to through 714.14 . The total 28 amount of benefits, contributions, or payments involved in 29 the completion of or in the attempt to complete a fraudulent 30 practice shall be used in determining the value involved under 31 section 714.14 . 32 Sec. 41. Section 100.52, Code 2019, is amended to read as 33 follows: 34 100.52 Grounds for issuance. 35 -17- LSB 1777HC (9) 88 lh/jh 17/ 135
H.F. _____ 1. The judicial officer shall review the application and may 1 take sworn testimony or receive affidavits to supplement it the 2 application . 3 2. If the judicial officer is satisfied that there are legal 4 grounds under the circumstances specified in the application 5 and any supplementary testimony taken sufficient to justify the 6 issuance of an inspection warrant, it an inspection warrant 7 shall be issued. 8 Sec. 42. Section 123.38, subsection 1, Code 2019, is amended 9 to read as follows: 10 1. A liquor control license, wine permit, or beer permit 11 is a personal privilege and is revocable for cause. It is not 12 property nor is it subject to attachment and execution nor 13 alienable nor assignable, and it shall cease upon the death 14 of the permittee or licensee. However, the administrator 15 of the division may in the administrator’s discretion allow 16 the executor or administrator of the estate of a permittee 17 or licensee to operate the business of the decedent for a 18 reasonable time not to exceed the expiration date of the permit 19 or license. Every permit or license shall be issued in the 20 name of the applicant and no person holding a permit or license 21 shall allow any other person to use it. 22 Sec. 43. Section 123.38, subsection 2, paragraph a, 23 unnumbered paragraph 1, Code 2019, is amended to read as 24 follows: 25 Any licensee or permittee, or the licensee’s or permittee’s 26 executor or administrator of the estate of a licensee or 27 permittee , or any person duly appointed by the court to take 28 charge of and administer the property or assets of the licensee 29 or permittee for the benefit of the licensee’s or permittee’s 30 creditors, may voluntarily surrender a license or permit to the 31 division. When a license or permit is surrendered the division 32 shall notify the local authority, and the division or the local 33 authority shall refund to the person surrendering the license 34 or permit, a proportionate amount of the fee received by the 35 -18- LSB 1777HC (9) 88 lh/jh 18/ 135
H.F. _____ division or the local authority for the license or permit as 1 follows: 2 Sec. 44. Section 123.91, unnumbered paragraph 1, Code 2019, 3 is amended to read as follows: 4 Any Unless otherwise provided by law, a person who has been 5 convicted, in a criminal action, in any court of record, of 6 a violation of a provision of this chapter , a provision of 7 the prior laws of this state relating to alcoholic liquors, 8 wine, or beer which was in force prior to the enactment of 9 this chapter , or a provision of the laws of the United States 10 or of any other state relating to alcoholic liquors, wine, or 11 beer, and who is thereafter convicted of a subsequent criminal 12 offense against any provision of this chapter is guilty of the 13 following offenses: 14 Sec. 45. Section 123.99, Code 2019, is amended to read as 15 follows: 16 123.99 False statements. 17 If any A person commits a simple misdemeanor if the person, 18 for the purpose of procuring the shipment, transportation, or 19 conveyance of any alcoholic liquor, wine, or beer within this 20 state in violation of this chapter , shall make does any of the 21 following: 22 1. Makes to any person, company, corporation, or common 23 carrier, or to any agent thereof, any false statements as to 24 the character or contents of any box, barrel, or other vessel 25 or package containing such alcoholic liquor, wine, or beer ; or 26 shall refuse . 27 2. Refuses to give correct and truthful information as 28 to the contents of any such box, barrel, or other vessel or 29 package so sought to be transported or conveyed ; or shall 30 falsely mark, brand, or label such . 31 3. Falsely labels, brands, or marks a box, barrel, or other 32 vessel or package in order to conceal the fact that the same 33 contains alcoholic liquor, wine, or beer ; or shall by . 34 4. By any device or concealment procure procures or attempt 35 -19- LSB 1777HC (9) 88 lh/jh 19/ 135
H.F. _____ attempts to procure the conveyance or transportation of such 1 alcoholic liquor, wine, or beer as herein prohibited, the 2 person shall be guilty of a simple misdemeanor . 3 Sec. 46. Section 123.107, subsection 2, Code 2019, is 4 amended to read as follows: 5 2. But proof Proof of the violation by the accused of any 6 provision of this chapter , the substance of which violation 7 is briefly set forth, within the time mentioned in said the 8 indictment or information, shall be sufficient to convict such 9 person. 10 Sec. 47. Section 124.302, subsection 1, Code 2019, is 11 amended to read as follows: 12 1. Every person who manufactures, distributes, or 13 dispenses , or conducts research with any controlled substance 14 in this state or who proposes to engage in the manufacture, 15 distribution, or dispensing of or conducting research with 16 any controlled substance within this state, shall obtain and 17 maintain a registration issued by the board in accordance with 18 its the board’s rules. 19 Sec. 48. Section 124.308, subsection 1, Code 2019, is 20 amended to read as follows: 21 1. Except when dispensed directly by a practitioner to 22 an ultimate user, a prescription drug as defined in section 23 155A.3 that is a controlled substance shall not be dispensed 24 without a prescription , unless such . The prescription is must 25 be authorized by a practitioner and complies must comply with 26 this section , section 155A.27 , applicable federal law and 27 regulation, and rules of the board. 28 Sec. 49. Section 124.409, Code 2019, is amended to read as 29 follows: 30 124.409 Conditional discharge, commitment for treatment, and 31 probation. 32 Whenever the court finds that a person who is charged with 33 a violation of section 124.401 and who consents thereto, or 34 who has entered a plea of guilty to or been found guilty of a 35 -20- LSB 1777HC (9) 88 lh/jh 20/ 135
H.F. _____ violation of that section, is addicted to, dependent upon, or a 1 chronic abuser of any controlled substance and that such person 2 will be aided by proper medical treatment and rehabilitative 3 services, it may order that the person be committed as an 4 in-patient or out-patient to a facility licensed by the 5 Iowa department of public health for medical treatment and 6 rehabilitative services. A person committed under this 7 subsection section who is not possessed of sufficient income 8 or estate to enable the person to make payment of the costs 9 of such treatment in whole or in part shall be considered a 10 state patient and the costs of treatment shall be paid as 11 provided in section 125.44 . The determination of ability to 12 pay shall be made by the court. The court shall require the 13 patient, or the patient’s parent, guardian, or custodian to 14 complete under oath a detailed financial statement. The court 15 may enter appropriate orders requiring the patient or those 16 legally liable for the patient’s support to reimburse the 17 state with the costs, or any part thereof. In order to obtain 18 the most effective results from such medical treatment and 19 rehabilitative services, the court may commit the person to the 20 custody of a public or private agency or any other responsible 21 person and impose other conditions upon the commitment as is 22 necessary to insure compliance with the court’s order and to 23 insure that the person will not, during the period of treatment 24 and rehabilitation, again violate a provision of this chapter . 25 If it is established thereafter to the satisfaction of the 26 court that the person has again violated a provision of this 27 chapter , the person may be returned to custody or sentenced 28 upon conviction as provided by law. The public or private 29 agency or responsible person to whom the accused person was 30 committed by the court shall immediately report to the court 31 when the person has received maximum benefit from the program 32 or has recovered from addiction, dependency, or tendency to 33 chronically abuse any controlled substance. The person shall 34 then be returned to the court for disposition of the case. If 35 -21- LSB 1777HC (9) 88 lh/jh 21/ 135
H.F. _____ the person has been charged or indicted, but not convicted, 1 such charge shall proceed to trial or final disposition. If 2 the person has been convicted or is thereafter convicted, the 3 court shall sentence the person as provided by law but may 4 remit all or any part of the sentence and place the person on 5 probation upon terms and conditions as the court may prescribe. 6 Sec. 50. Section 139A.18, Code 2019, is amended to read as 7 follows: 8 139A.18 Reimbursement from county. 9 If any person receives services or supplies under this 10 chapter who does not have residence in the county in which 11 the bills were incurred and paid, the amount paid shall be 12 certified to the board of supervisors of the county in which 13 the person claims settlement residence or owns property, and 14 the board of supervisors of that county shall reimburse the 15 county from which the claim is certified, in the full amount 16 originally paid. 17 Sec. 51. Section 139A.30, Code 2019, is amended to read as 18 follows: 19 139A.30 Confidential reports. 20 1. Reports to the department which include the identity 21 of persons infected with a sexually transmitted disease or 22 infection, and all such related information, records, and 23 reports concerning the person, shall be confidential and shall 24 not be accessible to the public. 25 2. However Notwithstanding subsection 1 , such reports 26 to the department and related reports , information, and 27 records shall be confidential only to the extent necessary 28 to prevent identification of persons named in such reports, 29 information, and records ; the . The other parts of such 30 reports, information, and records shall be public records. 31 The preceding sentence This subsection shall prevail over any 32 inconsistent provision of this subchapter . 33 Sec. 52. Section 154D.4, subsection 3, paragraph a, Code 34 2019, is amended to read as follows: 35 -22- LSB 1777HC (9) 88 lh/jh 22/ 135
H.F. _____ a. Persons licensed to practice other professions under 1 this subtitle , provided that the person does not represent 2 that the person is a licensed behavior analyst or licensed 3 assistant behavior analyst unless also licensed as one, applied 4 behavior analysis is within the scope of practice of the 5 person’s profession, and the services provided are within the 6 boundaries of the person’s education, training, and competence , 7 and the person does not represent that the person is a licensed 8 behavior analyst or licensed assistant behavior analyst unless 9 also licensed as one . 10 Sec. 53. Section 155A.27, subsection 1, Code 2019, is 11 amended to read as follows: 12 1. Except when dispensed directly by a prescriber to an 13 ultimate user, a prescription drug shall not be dispensed 14 without a prescription , that is authorized by a prescriber , and 15 based on a valid patient-prescriber relationship. 16 Sec. 54. Section 156.2, unnumbered paragraph 1, Code 2019, 17 is amended to read as follows: 18 Section The terms defined in section 156.1 shall not be 19 construed to include the following classes of persons: 20 Sec. 55. Section 159A.14, subsection 5, paragraph b, 21 subparagraph (1), Code 2019, is amended to read as follows: 22 (1) Upgrade or replace a dispenser which is part of 23 gasoline storage and dispensing infrastructure used to store 24 and dispense E-85 gasoline as provided in section 455G.31 . 25 The participating person is only eligible to be awarded the 26 supplemental financial incentives if the person installed 27 the dispenser not later than sixty days after the date of 28 the publication in the Iowa administrative bulletin of the 29 state fire marshal’s order providing that a commercially 30 available dispenser is listed as compatible for use with E-85 31 gasoline by an independent testing laboratory as provided in 32 section 455G.31 July 27, 2011 . The supplemental financial 33 incentives awarded to the participating person shall not 34 exceed seventy-five percent of the actual cost of making the 35 -23- LSB 1777HC (9) 88 lh/jh 23/ 135
H.F. _____ improvement or thirty thousand dollars, whichever is less. 1 Sec. 56. Section 166D.2, subsection 1, Code 2019, is amended 2 by striking the subsection. 3 Sec. 57. Section 166D.3, Code 2019, is amended to read as 4 follows: 5 166D.3 State pseudorabies advisory committee. 6 1. A state pseudorabies advisory committee is established. 7 The committee shall consist of not more than seven members who 8 shall be appointed by the Iowa pork producers association. At 9 least four members of the committee must be actively engaged 10 in swine production. The members shall serve staggered 11 terms of two years, except that the initial board committee 12 members shall serve unequal terms. A person appointed to fill 13 a vacancy for a member shall serve only for the unexpired 14 portion of the term. A member is eligible for reappointment 15 for three successive terms. A majority of the board committee 16 constitutes a quorum and an affirmative vote of the majority 17 of members is necessary for substantive action taken by the 18 board committee . The majority shall not include any member who 19 has a conflict of interest and a statement by a member of a 20 conflict of interest shall be conclusive for this purpose. A 21 vacancy in the membership does not impair the right of a quorum 22 to exercise all rights and perform all duties of the board 23 committee . 24 2. The advisory committee shall: 25 1. a. Inform and educate interested persons in the state, 26 including persons involved in producing, processing, or 27 marketing swine, regarding eradication activities under this 28 chapter . 29 2. b. Review eradication activities under this chapter 30 including the pseudorabies eradication programs. The 31 committee shall make recommendations to the department and 32 the inspection service and may consult with state officials 33 regarding any matter relating to pseudorabies control and 34 eradication, including departmental rules, other state or 35 -24- LSB 1777HC (9) 88 lh/jh 24/ 135
H.F. _____ federal regulations, program areas, the use of vaccine, testing 1 procedures, the progress of pseudorabies eradication programs, 2 and state and federal program standards. The committee in 3 cooperation with the department shall report to the governor 4 and general assembly not later than January 15 the progress of 5 pseudorabies eradication, including recommendations. 6 3. c. Maintain communication with other states and with 7 the national pork producers council, the livestock conservation 8 institute, and the inspection service. 9 Sec. 58. Section 206.7A, subsection 2, Code 2019, is amended 10 to read as follows: 11 2. This section does not apply to an operator a commercial, 12 public, or private applicator who is certified pursuant to this 13 chapter . 14 Sec. 59. Section 206.22, subsection 2, Code 2019, is amended 15 to read as follows: 16 2. Any person violating any provision of this chapter other 17 than section 206.11, subsection 1 , paragraph “a” , or section 18 206.7A shall be guilty of a serious misdemeanor; provided, that 19 any offense committed more than five years after a previous 20 conviction shall be considered a first offense; and provided, 21 further, that in any case where a registrant was issued a 22 warning by the secretary pursuant to the provisions of this 23 chapter , such registrant shall upon conviction of a violation 24 of any provision of this chapter other than section 206.11, 25 subsection 1 , paragraph “a” , or section 206.7A, be guilty of 26 a serious misdemeanor; and the registration of the article 27 with reference to which the violation occurred shall terminate 28 automatically. An article, the registration of which has been 29 terminated, may not again be registered unless the article, its 30 labeling, and other material required to be submitted appear 31 to the secretary to comply with all the requirements of this 32 chapter . 33 Sec. 60. Section 216.5, subsection 10, Code 2019, is amended 34 to read as follows: 35 -25- LSB 1777HC (9) 88 lh/jh 25/ 135
H.F. _____ 10. To adopt, publish, amend, and rescind regulations 1 commission rules pursuant to chapter 17A consistent with and 2 necessary for the enforcement of this chapter . 3 Sec. 61. Section 218.9, Code 2019, is amended to read as 4 follows: 5 218.9 Appointment of superintendents. 6 1. The administrator in charge of an institution, subject 7 to the approval of the director of human services, shall 8 appoint the superintendent of the institution. The tenure of 9 office of a superintendent shall be at the pleasure of the 10 appointing authority administrator . The appointing authority 11 administrator may transfer a superintendent or warden from one 12 institution to another. 13 2. The superintendent or warden shall have immediate 14 custody and control, subject to the orders and policies of the 15 division administrator in charge of the institution, of all 16 property used in connection with the institution except as 17 provided in this chapter . 18 Sec. 62. Section 218.40, Code 2019, is amended to read as 19 follows: 20 218.40 Services required. 21 Residents of said the institutions who are subject to 22 the provisions hereinafter provided, of this chapter may be 23 required to render any proper and reasonable service either in 24 the institutions proper or in the industries established in 25 connection therewith with the institutions . 26 Sec. 63. Section 218.56, Code 2019, is amended to read as 27 follows: 28 218.56 Purchase of supplies —— vendor warrants. 29 1. The administrators shall, from time to time, adopt and 30 make of record , rules and regulations governing the purchase of 31 all articles and supplies needed at the various institutions 32 under their control , and the form and verification of vouchers 33 for such purchases. 34 2. The department of human services shall mail vendor 35 -26- LSB 1777HC (9) 88 lh/jh 26/ 135
H.F. _____ warrants for the department of corrections. 1 Sec. 64. Section 222.63, Code 2019, is amended to read as 2 follows: 3 222.63 Finding of residency —— objection. 4 A certification through the regional administrator for a 5 county that a person’s residency is in another county shall 6 be sent to the regional administrator for the county of 7 residence. The certification shall be accompanied by a copy 8 of the evidence supporting the determination. The regional 9 administrator for the county of residence shall submit the 10 certification to the regional administrator for the county 11 region’s governing board and it shall be conclusively presumed 12 that the patient has residency in that a county in the notified 13 region unless the that regional administrator for that county 14 disputes the determination of residency as provided in section 15 331.394 . 16 Sec. 65. Section 226.41, Code 2019, is amended to read as 17 follows: 18 226.41 Charge permitted. 19 The hospital is authorized to make a charge for these 20 patients admitted under section 226.40 , in the manner now 21 provided by law and subject to the changes hereinafter provided 22 in section 226.42 . 23 Sec. 66. Section 229A.8, subsection 5, paragraph e, 24 subparagraph (2), subparagraph division (b), Code 2019, is 25 amended to read as follows: 26 (b) The committed person may waive the sixty-day final 27 hearing requirement under subparagraph subdivision (a); 28 however, the committed person or the attorney for the committed 29 person may reassert the requirement by filing a demand that the 30 final hearing be held within sixty days from the date of the 31 filing of the demand with the clerk of court. 32 Sec. 67. Section 230.25, subsection 1, Code 2019, is amended 33 to read as follows: 34 1. Upon receipt from the county auditor or the regional 35 -27- LSB 1777HC (9) 88 lh/jh 27/ 135
H.F. _____ administrator for mental health and disability services of 1 the list of names furnished pursuant to section 230.21 , the 2 board of supervisors of the county of residence shall make an 3 investigation to determine the ability of each person whose 4 name appears on the list, and also the ability of any person 5 liable under section 230.15 for the support of that person, 6 to pay the expenses of that person’s hospitalization. If the 7 board finds that neither the hospitalized person nor any person 8 legally liable for the person’s support is able to pay those 9 expenses, the board shall direct the county auditor or regional 10 administrator not to index the names of any of those persons 11 as would otherwise be required by section 230.26 . However 12 the board may review its finding with respect to any person 13 at any subsequent time at which another list is furnished by 14 the county auditor or regional administrator upon which that 15 person’s name appears. If the board finds upon review that 16 that person or those legally liable for the person’s support 17 are presently able to pay the expenses of that person’s 18 hospitalization, that finding shall apply only to charges 19 stated upon the certificate from which the list was drawn up 20 and any subsequent charges similarly certified, unless and 21 until the board again changes its finding. 22 Sec. 68. Section 231.64, subsection 1, paragraph b, Code 23 2019, is amended to read as follows: 24 b. Options counseling to assist individuals in assessing 25 their existing or anticipated long-term care needs and 26 developing and implementing a plan for long-term care living 27 and community support services designed to meet their specific 28 needs and circumstances. The plan for long-term living 29 and community support services may include support with 30 person-centered care transitions to assist consumers and family 31 caregivers with transitions between home and care settings. 32 Sec. 69. Section 232.127, subsection 5, Code 2019, is 33 amended to read as follows: 34 5. The court may adjudicate the family to be a family in 35 -28- LSB 1777HC (9) 88 lh/jh 28/ 135
H.F. _____ need of assistance and enter an appropriate dispositional order 1 if the court finds all of the following : 2 a. There has been a breakdown in the relationship between 3 the child and the child’s parent, guardian , or custodian ; and . 4 b. The child or the child’s parent, guardian , or custodian 5 has sought services from public or private agencies to maintain 6 and improve the familial relationship ; and . 7 c. The court has at its disposal services for this purpose 8 which can be made available to the family. 9 Sec. 70. Section 232.150, subsection 3, Code 2019, is 10 amended to read as follows: 11 3. Notice and copies of a sealing order shall be sent to 12 each agency or person having custody or the records named 13 therein in the sealing order . 14 Sec. 71. Section 233.2, subsections 3 and 6, Code 2019, are 15 amended to read as follows: 16 3. As soon as possible after the individual on duty or first 17 responder assumes physical custody of a newborn infant released 18 under subsection 1 , the individual or first responder shall 19 notify the department of human services and the department 20 shall take the actions necessary to assume the care, control, 21 and custody of the newborn infant. The department shall 22 immediately notify the juvenile court and the county attorney 23 of the department’s action and the circumstances surrounding 24 the action and request an ex parte order from the juvenile 25 court ordering, in accordance with the requirements of section 26 232.78 , the department to take custody of the newborn infant. 27 Upon receiving the order, the department shall take custody of 28 the newborn infant. Within twenty-four hours of taking custody 29 of the newborn infant, the department shall notify the juvenile 30 court and the county attorney in writing of the department’s 31 action and the circumstances surrounding the action. 32 6. An individual on duty at an institutional health facility 33 or first responder who assumes custody of a newborn infant upon 34 the release of the newborn infant under subsection 1 shall be 35 -29- LSB 1777HC (9) 88 lh/jh 29/ 135
H.F. _____ provided notice of any hearing held concerning the newborn 1 infant at the same time notice is provided to other parties to 2 the hearing and the individual or first responder may provide 3 testimony at the hearing. 4 Sec. 72. Section 233.6, subsection 1, Code 2019, is amended 5 to read as follows: 6 1. An information card or other publication for 7 distribution by an institutional health facility or a first 8 responder to a parent who releases custody of a newborn infant 9 in accordance with this chapter . The publication shall inform 10 the parent of a parent’s rights under section 233.4 , explain 11 the request for medical history information under section 12 233.2, subsection 2 , and provide other information deemed 13 pertinent by the departments. 14 Sec. 73. Section 237A.5, subsection 2, paragraph i, 15 subparagraph (1), subparagraph division (c), unnumbered 16 paragraph 1, Code 2019, is amended to read as follows: 17 If the The person has committed any of the following 18 felony-level offenses: 19 Sec. 74. Section 260C.22, subsection 1, paragraphs b, d, and 20 e, Code 2019, are amended to read as follows: 21 b. In order to make immediately available to the merged area 22 the proceeds of the voted tax authorized to be levied under 23 this section , the board of directors of any such merged area 24 is hereby authorized, without the necessity for any further 25 election, to borrow money and enter into loan agreements in 26 anticipation of the collection of such tax, and such board 27 shall, by resolution, provide for the levy of an annual tax, 28 within the limits of the special voted tax authorized under 29 this section , sufficient to pay the amount of any such loan 30 and the interest thereon to maturity as the same becomes due. 31 A certified copy of this resolution shall be filed with the 32 county auditors of the counties in which such merged area is 33 located, and the filing thereof shall make it a duty of such 34 auditors to enter annually this levy for collection until 35 -30- LSB 1777HC (9) 88 lh/jh 30/ 135
H.F. _____ funds are realized to repay the loan and interest thereon in 1 full. Said loan shall bear interest at a rate or rates not 2 exceeding that permitted by chapter 74A . Any loan agreement 3 entered into pursuant to authority herein contained in this 4 section shall be in such form as the board of directors shall 5 by resolution provide and the loan shall be payable as to both 6 principal and interest from the proceeds of the annual levy of 7 the voted tax authorized under this section , or so much thereof 8 as will be sufficient to pay the loan and interest thereon. In 9 furtherance of the foregoing the board of directors of such 10 merged area may, with or without notice, negotiate and enter 11 into a loan agreement or agreements with any bank, investment 12 banker, trust company, insurance company or group thereof, 13 whereunder the borrowing of the necessary funds may be assured 14 and consummated. The proceeds of such loan shall be deposited 15 in a special fund, to be kept separate and apart from all other 16 funds of the merged area, and shall be paid out upon warrants 17 drawn by the president and secretary of the board of directors 18 to pay the cost of acquiring the school facilities for which 19 the tax was authorized. 20 d. Nothing herein contained in this section shall be 21 construed to limit the authority of the board of directors to 22 levy the full amount of the voted tax, but if and to whatever 23 extent said tax is levied in any year in excess of the amount 24 of principal and interest falling due in such year under any 25 loan agreement, the first available proceeds thereof, to an 26 amount sufficient to meet maturing installments of principal 27 and interest under the loan agreement, shall be paid into 28 the sinking fund for such loan before any of such taxes are 29 otherwise made available to the merged area for other school 30 purposes, and the amount required to be annually set aside to 31 pay the principal of and interest on the money borrowed under 32 such loan agreement shall constitute a first charge upon all of 33 the proceeds of such annual special voted tax, which tax shall 34 be pledged to pay said loan and the interest thereon. 35 -31- LSB 1777HC (9) 88 lh/jh 31/ 135
H.F. _____ e. This subsection shall be construed as supplemental and in 1 addition to existing statutory authority and as providing an 2 independent method of financing the cost of acquiring school 3 facilities for which a tax has been voted under this section 4 and for the borrowing of money and execution of loan agreements 5 in connection therewith and shall not be construed as subject 6 to the provisions of any other law. The fact that a merged 7 area may have previously borrowed money and entered into loan 8 agreements under the authority herein contained in this section 9 shall not prevent such merged area from borrowing additional 10 money and entering into further loan agreements provided that 11 the aggregate of the amount payable under all of such loan 12 agreements does not exceed the proceeds of the voted tax. All 13 acts and proceedings heretofore taken by the board of directors 14 or by any official of any merged area for the exercise of any 15 of the powers granted by this section are hereby legalized and 16 validated in all respects. 17 Sec. 75. Section 262.57, subsection 1, Code 2019, is amended 18 to read as follows: 19 1. To pay all or any part of the cost of carrying out any 20 project at any institution the board is authorized to borrow 21 money and to issue and sell negotiable bonds or notes and to 22 refund and refinance bonds or notes heretofore issued or as may 23 be hereafter issued for any project or for refunding purposes 24 at a lower rate, the same rate, or a higher rate or rates of 25 interest and from time to time as often as the board shall 26 find it to be advisable and necessary so to do. Such bonds 27 or notes may be sold by said the board at public sale in the 28 manner prescribed by chapter 75 , but if the board shall find 29 finds it to be advantageous and in the public interest to do 30 so, such bonds or notes may be sold by the board at private 31 sale without published notice of any kind and without regard 32 to the requirements of chapter 75 in such manner and upon such 33 terms as may be prescribed by the resolution authorizing the 34 same. Bonds or notes issued to refund other bonds or notes 35 -32- LSB 1777HC (9) 88 lh/jh 32/ 135
H.F. _____ heretofore or hereafter issued by the board for residence hall 1 or dormitory purposes at any institution, including dining or 2 other facilities and additions, or heretofore or hereafter 3 issued for refunding purposes, may either be sold in the manner 4 hereinbefore specified in this subchapter and the proceeds 5 thereof applied to the payment of the obligations being 6 refunded, or the refunding bonds or notes may be exchanged for 7 and in payment and discharge of the obligations being refunded, 8 and a finding by the board in the resolution authorizing the 9 issuance of such refunding bonds or notes that the bonds or 10 notes being refunded were issued for a purpose specified in 11 this subchapter and constitute binding obligations of the 12 board shall be conclusive and may be relied upon by any holder 13 of any refunding bond or note issued under the provisions of 14 this subchapter. The refunding bonds or notes may be sold or 15 exchanged in installments at different times or an entire issue 16 or series may be sold or exchanged at one time. Any issue or 17 series of refunding bonds or notes may be exchanged in part 18 or sold in parts in installments at different times or at one 19 time. The refunding bonds or notes may be sold or exchanged 20 at any time on, before, or after the maturity of any of the 21 outstanding notes, bonds, or other obligations to be refinanced 22 thereby and may be issued for the purpose of refunding a like 23 or greater principal amount of bonds or notes, except that the 24 principal amount of the refunding bonds or notes may exceed 25 the principal amount of the bonds or notes to be refunded to 26 the extent necessary to pay any premium due on the call of the 27 bonds or notes to be refunded or to fund interest in arrears or 28 about to become due. 29 Sec. 76. Section 262.66, Code 2019, is amended to read as 30 follows: 31 262.66 Prior action legalized. 32 All rights heretofore acquired prior to April 29, 1963, in 33 connection with the financing of any project at any institution 34 are hereby preserved and all acts and proceedings taken by the 35 -33- LSB 1777HC (9) 88 lh/jh 33/ 135
H.F. _____ board preliminary to and in connection with the authorization 1 and issuance of any previously notes or other obligations for 2 any project issued and outstanding notes or other obligations 3 for any project prior to April 29, 1963, are hereby legalized, 4 validated and confirmed and said notes or obligations are 5 hereby declared to be legal and to constitute valid and binding 6 obligations of the board according to their terms and payable 7 solely and only from the sources referred to therein in the 8 notes or obligations . 9 Sec. 77. Section 266.46, Code 2019, is amended to read as 10 follows: 11 266.46 Information reporting. 12 1. In accordance with section 266.42 , Iowa state university 13 of science and technology is the custodian of all information 14 including but not limited to reports and records obtained, 15 submitted, and maintained in connection with the research 16 projects conducted on the site of a livestock operation as 17 provided in this subchapter , and all information submitted 18 by or gathered from or deduced from a livestock producer or 19 livestock operation pursuant to a livestock odor mitigation 20 evaluation under section 266.49 or section 459.303, subsection 21 3 . The public shall have a right to examine and copy 22 the information as provided in chapter 22 , subject to the 23 exceptions of section 22.7 . In addition, 24 2. Notwithstanding subsection 1, the university or an 25 agent or employee of the university shall not release the name 26 or location, or any other information sufficient to identify 27 the name or location of any livestock producer or livestock 28 operation participating in a research project or participating 29 in a livestock odor mitigation evaluation pursuant to section 30 266.49 or section 459.303, subsection 3 , and such information 31 shall not be subject to release pursuant to subpoena or 32 discovery in any civil proceeding, unless such confidentiality 33 is waived in writing by the livestock producer. In addition, 34 the university or an employee or agent of the university shall 35 -34- LSB 1777HC (9) 88 lh/jh 34/ 135
H.F. _____ release no other information submitted by or gathered from 1 or deduced from a livestock producer or livestock operation 2 pursuant to a livestock odor mitigation evaluation under 3 section 266.49 or section 459.303, subsection 3 , unless such 4 information is used in a research project, which in turn 5 shall not occur without the written consent of the livestock 6 producer. 7 3. Any information provided by, gathered from, or deduced 8 from a livestock producer or livestock operation in connection 9 with a research project or odor mitigation evaluation that 10 is in the possession of the livestock producer or livestock 11 operation shall not be subject to subpoena or discovery in any 12 civil action against the producer. 13 Sec. 78. Section 273.8, subsection 8, paragraph b, Code 14 2019, is amended to read as follows: 15 b. Where feasible, boundary lines of director districts 16 shall coincide with the boundary lines of school districts and 17 the boundary lines of election precincts established pursuant 18 to sections 49.3 to through 49.6 . 19 Sec. 79. Section 274.44, Code 2019, is amended to read as 20 follows: 21 274.44 Determination final. 22 The determination of the director of the department of 23 education in such matters sections 274.42 and 274.43 shall be 24 final. 25 Sec. 80. Section 274.45, Code 2019, is amended to read as 26 follows: 27 274.45 Expense audited and paid. 28 The expense of the director of the department of education 29 in respect to the carrying out of the provisions of sections 30 274.42 to through 274.44 , shall be paid from funds appropriated 31 to the department of education. 32 Sec. 81. Section 275.9, subsection 2, Code 2019, is amended 33 to read as follows: 34 2. The provisions of sections 275.1 to through 275.5 , 35 -35- LSB 1777HC (9) 88 lh/jh 35/ 135
H.F. _____ relating to studies, surveys, hearings and adoption of plans 1 shall constitute a mandatory prerequisite to the effectuation 2 of any proposal for district boundary change. It shall be the 3 mandatory duty of the area education agency board to dismiss 4 the petition if the above provisions are not complied with 5 fully. 6 Sec. 82. Section 279.36, subsection 2, Code 2019, is amended 7 to read as follows: 8 2. For the fiscal year beginning July 1, 1989, and each 9 fiscal year thereafter, the fee for the publications shall be 10 the legal publication fee provided by statute section 618.11 . 11 Sec. 83. Section 297.31, Code 2019, is amended to read as 12 follows: 13 297.31 Improvements. 14 If there are improvements on said a school site , the same 15 improvements may at the request of either party be appraised 16 and sold separately. 17 Sec. 84. Section 299A.1, subsection 2, paragraph b, 18 unnumbered paragraph 1, Code 2019, is amended to read as 19 follows: 20 “Independent private instruction” means private instruction 21 that meets the following criteria: 22 Sec. 85. Section 303.34, unnumbered paragraph 1, Code 2019, 23 is amended to read as follows: 24 The provisions of sections 303.20 to through 303.33 do not 25 apply within the limits of a city. However, in order for a city 26 to designate an area which is deemed to merit preservation as 27 an area of historical significance, the following shall apply: 28 Sec. 86. Section 306.42, subsection 6, Code 2019, is amended 29 to read as follows: 30 6. Notwithstanding any other provision of the Code, for 31 transfers of roads and streets made after May 1, 1987, neither 32 the transferring jurisdiction or the receiving jurisdiction 33 shall be held liable for any claim or damage for any act or 34 omission relating to the design, construction, or maintenance 35 -36- LSB 1777HC (9) 88 lh/jh 36/ 135
H.F. _____ of the road or street that occurred prior to the effective date 1 of the transfer. This paragraph subsection shall apply to all 2 transfers pursuant to this chapter or section 313.2 . 3 Sec. 87. Section 308A.2, Code 2019, is amended to read as 4 follows: 5 308A.2 Funds. 6 The department of natural resources may accept in the name 7 of the state funds contributed by such the groups ; specified 8 in section 308A.1 and such the funds shall be used exclusively 9 in the establishment of bikeways as herein provided in this 10 chapter . Additional funds as may be necessary in purchasing 11 signs and otherwise carrying out the provisions of this chapter 12 may be expended by the department of natural resources if 13 authorized by the general assembly pursuant to appropriations 14 for such purposes ; and the . The department shall be authorized 15 to accept and expend federal funds made available for the 16 purposes of aiding in the implementation of this chapter . 17 Sec. 88. Section 312.3, subsection 2, paragraph c, Code 18 2019, is amended by striking the paragraph. 19 Sec. 89. Section 313.4, subsection 6, Code 2019, is amended 20 by striking the subsection. 21 Sec. 90. Section 317.9, Code 2019, is amended to read as 22 follows: 23 317.9 Duty of board to enforce. 24 The Unless otherwise provided, responsibility for the 25 enforcement of the provisions of this chapter shall be vested 26 in the board of supervisors as to all farm of the following: 27 1. Farm lands , railroad . 28 2. Railroad lands , abandoned . 29 3. Abandoned cemeteries , state . 30 4. State lands and state parks , primary . 31 5. Primary and secondary roads ; roads . 32 6. Roads , streets , and other lands within cities unless 33 otherwise provided . 34 Sec. 91. Section 321.1, subsection 11, paragraph f, 35 -37- LSB 1777HC (9) 88 lh/jh 37/ 135
H.F. _____ subparagraphs (1) and (2), Code 2019, are amended to read as 1 follows: 2 (1) The combination of vehicles has a gross combination 3 weight rating or combined gross combination weight, whichever 4 is greater, of twenty-six thousand one or more pounds, 5 including a towed vehicle or vehicles having a gross vehicle 6 weight rating or gross vehicle weight, whichever is greater, of 7 ten thousand one or more pounds. 8 (2) The motor vehicle has a gross vehicle weight rating 9 or gross vehicle weight, whichever is greater, of twenty-six 10 thousand one or more pounds. 11 Sec. 92. Section 321.228, subsection 2, Code 2019, is 12 amended to read as follows: 13 2. The provisions of sections 321.261 to through 321.273 , 14 and sections 321.277 and 321.280 shall apply upon highways and 15 elsewhere throughout the state. 16 Sec. 93. Section 321.277, Code 2019, is amended to read as 17 follows: 18 321.277 Reckless driving. 19 1. Any A person who drives any vehicle in such manner as to 20 indicate either a willful or a wanton disregard for the safety 21 of persons or property is guilty of reckless driving. 22 2. Every A person who is convicted of reckless driving shall 23 be guilty of a simple misdemeanor. 24 Sec. 94. Section 321.319, Code 2019, is amended to read as 25 follows: 26 321.319 Entering intersections from different highways. 27 1. When two vehicles enter an intersection from different 28 highways or public streets at approximately the same time, the 29 driver of the vehicle on the left shall yield the right-of-way 30 to the vehicle on the right. 31 2. The foregoing rule contained in subsection 1 is modified 32 at through highways and as otherwise as hereinafter stated in 33 this chapter . 34 Sec. 95. Section 321.325, Code 2019, is amended to read as 35 -38- LSB 1777HC (9) 88 lh/jh 38/ 135
H.F. _____ follows: 1 321.325 Pedestrians subject to signals. 2 Pedestrians shall be subject to traffic-control signals at 3 intersections as heretofore declared provided in this chapter , 4 but at all other places pedestrians shall be accorded the 5 privileges and shall be subject to the restrictions stated in 6 sections 321.327 to through 321.331 . 7 Sec. 96. Section 321.334, Code 2019, is amended to read as 8 follows: 9 321.334 Penalties. 10 Any A person who shall carry be fined not less than one 11 dollar nor more than one hundred dollars for each offense, if 12 the person does any of the following: 13 1. Carries a cane or walking stick such as is prescribed in 14 section 321.332 , but contrary to the provisions hereof, or who 15 shall fail of this chapter. 16 2. Fails to heed the approach of a person lawfully so 17 carrying a cane or walking stick that is white in color or 18 white tipped with red, or who is being led by a guide dog , or 19 who shall fail . 20 3. Fails to immediately come to a complete stop , and take 21 such precautions against accident or injury to such a person , 22 shall be fined not less than one dollar nor more than one 23 hundred dollars for each offense described in subsection 2 . 24 Sec. 97. Section 321.347, Code 2019, is amended to read as 25 follows: 26 321.347 Exceptions. 27 Provided that Notwithstanding section 321.345, at 28 intersections of such through highways with boulevards or 29 heavy traffic streets in cities, the city council, subject 30 to the approval of the department, may determine that the 31 through highway traffic shall come to a stop, or may erect 32 traffic-control signals, or may adopt such other means of 33 handling the traffic as may be deemed practical and proper. 34 Sec. 98. Section 321.384, Code 2019, is amended to read as 35 -39- LSB 1777HC (9) 88 lh/jh 39/ 135
H.F. _____ follows: 1 321.384 When lighted lamps required. 2 1. Every motor vehicle upon a highway within the state, 3 at any time from sunset to sunrise, and at such other times 4 when conditions such as fog, snow, sleet, or rain provide 5 insufficient lighting to render clearly discernible persons 6 and vehicles on the highway at a distance of five hundred feet 7 ahead, shall display lighted headlamps as provided in section 8 321.415 , subject to exceptions with respect to parked vehicles 9 as hereinafter stated provided in this chapter . 10 2. Whenever a requirement is hereinafter declared 11 established in this chapter as to the distance from which 12 certain lamps and devices shall render objects visible or 13 within which such lamps or devices shall be visible, said 14 provisions that requirement shall apply during the times stated 15 in subsection 1 of this section upon a straight level unlighted 16 highway under normal atmospheric conditions unless a different 17 time or condition is expressly stated. 18 Sec. 99. Section 322.20, Code 2019, is amended to read as 19 follows: 20 322.20 Extension of time. 21 Sections 537.2503 and 537.3402 notwithstanding, if the 22 holder of a retail installment contract in connection with the 23 purchase or sale of a vehicle, at the request of the buyer, 24 renews the loan or extends the scheduled due date of all or 25 any part of an installment or installments, the holder may 26 restate the amount of installments and the time schedule for 27 paying installments and collect for installments, subject to 28 the renewal or extension, a finance charge on the outstanding 29 declining balance of the amount financed for the period of 30 the extension or renewal. The finance charge on a renewal or 31 extension under this subsection section shall not exceed the 32 rate on the original retail installment contract as limited by 33 section 322.19 . 34 Sec. 100. Section 322G.7, unnumbered paragraph 1, Code 35 -40- LSB 1777HC (9) 88 lh/jh 40/ 135
H.F. _____ 2019, is amended to read as follows: 1 To facilitate uniform application, interpretation, and 2 enforcement of this section and section 322G.6 , and in 3 implementing rules adopted pursuant to section 322G.14 , the 4 attorney general may cooperate with agencies that perform 5 similar functions in any other states that enact these 6 or similar sections. The cooperation authorized by this 7 subsection section may include any of the following: 8 Sec. 101. Section 325A.13, subsections 3 and 6, Code 2019, 9 are amended to read as follows: 10 3. It is unlawful for a taxicab service to transport 11 passengers by motor vehicle for hire from any place in this 12 state to another place in this state, irrespective of the 13 route or highway traversed, without first having obtained a 14 taxicab service passenger certificate from the department. 15 However, a taxicab service passenger certificate issued by the 16 department does not authorize a taxicab service to transport 17 passengers within the boundaries of an area governed by a local 18 authority that licenses or regulates such vehicles pursuant 19 to section 321.236, subsection 7 , unless the taxicab service 20 is in compliance with all applicable regulations of the local 21 authority. 22 6. A person operating a motor vehicle in a car pool or 23 van pool is exempt from the requirement requirements of this 24 chapter . 25 Sec. 102. Section 327F.31, Code 2019, is amended to read as 26 follows: 27 327F.31 Political subdivision ordinances. 28 An ordinance or resolution adopted by a political 29 subdivision of this state which relates to the speed of a 30 train in an area within the jurisdiction of the political 31 subdivision is subject to approval by the state department of 32 transportation. Any speed ordinance or resolution adopted by 33 a political subdivision of the state prior to July 1, 1988, 34 which has not been approved by the department shall be referred 35 -41- LSB 1777HC (9) 88 lh/jh 41/ 135
H.F. _____ to the department by the political subdivision and shall be 1 in full force and effect upon approval of the ordinance or 2 resolution by the department. This subsection section does 3 not abrogate, modify, or alter any historical or contractual 4 agreement between a political subdivision of the state and a 5 railroad corporation in existence on July 1, 1975. 6 Sec. 103. Section 329.12, subsection 1, Code 2019, is 7 amended to read as follows: 8 1. The governing body of any municipality seeking to 9 exercise powers under this chapter shall by ordinance provide 10 for the appointment of a board of adjustment, as provided in 11 section 414.7 for a city, or as provided in section 335.10 for 12 a county. The board of adjustment has the same powers and 13 duties, and its procedure and appeals are subject to the same 14 provisions as established in sections 414.9 to 414.19 through 15 414.18 for a city, or sections 335.12 to through 335.21 for a 16 county. 17 Sec. 104. Section 331.238, subsection 2, paragraph a, 18 subparagraph (7), Code 2019, is amended to read as follows: 19 (7) The organization of county departments, agencies, or 20 boards. The organization plan may provide for the abolition 21 or consolidation of a board or a commission and the assumption 22 of its powers and duties by the board of supervisors or 23 another officer. This paragraph does not apply to the board of 24 trustees of a county hospital. 25 Sec. 105. Section 331.362, subsection 6, Code 2019, is 26 amended to read as follows: 27 6. The board shall provide for the control or eradication of 28 noxious weeds in accordance with chapter 317 . 29 Sec. 106. Section 331.437, Code 2019, is amended to read as 30 follows: 31 331.437 Expenditures exceeding appropriations. 32 1. It is unlawful for a county official, the expenditures of 33 whose office come under this part, to authorize the expenditure 34 of a sum for the official’s department larger than the amount 35 -42- LSB 1777HC (9) 88 lh/jh 42/ 135
H.F. _____ which has been appropriated for that department by the board. 1 2. A county official in charge of a department or office who 2 violates this law section is guilty of a simple misdemeanor. 3 The penalty in this section is in addition to the liability 4 imposed in section 331.476 . 5 Sec. 107. Section 349.16, Code 2019, is amended to read as 6 follows: 7 349.16 What published. 8 There shall be published in each of said the official 9 newspapers at the expense of the county during the ensuing 10 year: 11 1. The proceedings of the board of supervisors, as furnished 12 by the county auditor, excluding from the publication of said 13 those proceedings , its the canvass of the various elections, 14 as provided by law; the complete text of any questions or 15 propositions submitted to the registered voters of the county 16 by the board of supervisors, which shall be published with the 17 required notice of a general or special election; and witness 18 fees of witnesses before the grand jury and in the district 19 court in criminal cases. 20 2. The schedule of bills allowed by said the board of 21 supervisors . 22 3. The reports of the county treasurer, including a schedule 23 of the receipts and expenditures of the county and the current 24 cash balance in each fund in the treasurer’s office together 25 with the total of warrants outstanding against each of the 26 funds as shown by the warrant register in the auditor’s office. 27 A listing of warrants outstanding is not required if the county 28 issues checks in lieu of warrants , and there are no remaining 29 outstanding warrants issued by the county. 30 4. A synopsis of the expenditures of township trustees for 31 road purposes as provided by law. 32 Sec. 108. Section 351.29, Code 2019, is amended to read as 33 follows: 34 351.29 Construction clause. 35 -43- LSB 1777HC (9) 88 lh/jh 43/ 135
H.F. _____ A holding that one or more sections hereof of this chapter 1 are unconstitutional shall not be held to invalidate the 2 remaining sections. 3 Sec. 109. Section 355.19, Code 2019, is amended to read as 4 follows: 5 355.19 Application of terms. 6 The use of the term “Iowa plane coordinate system north zone” 7 or “Iowa plane coordinate system south zone” on a map, report 8 of survey, or other document shall be limited to coordinates 9 based on the Iowa plane coordinate system as defined in this 10 chapter subchapter . 11 Sec. 110. Section 357.33, Code 2019, is amended to read as 12 follows: 13 357.33 Appeal procedure. 14 Any person aggrieved, may appeal from any final action of the 15 board of supervisors in relation to any matter involving the 16 person’s rights, to the district court of the county in which 17 the district is located. The procedure in such appeals shall 18 be governed by the provisions of sections 468.84 to 468.99 19 through 468.98 provided that whenever in the above sections the 20 words “drainage district” occur, the words “benefited water 21 district” shall be substituted. 22 Sec. 111. Section 358.3, Code 2019, is amended to read as 23 follows: 24 358.3 Jurisdiction —— decisions —— records. 25 The board of supervisors of the county in which the proposed 26 sanitary district, or the major portion thereof of the proposed 27 sanitary district , is located shall have jurisdiction of the 28 proceedings on said the petition as herein provided in this 29 chapter , and the decision of a majority of the members of said 30 the board shall be necessary for adoption. All orders of the 31 board made hereunder under this chapter shall be spread at 32 length upon the records of the proceedings of the board of 33 supervisors, but need not be published under section 349.16 . 34 Sec. 112. Section 358.15, Code 2019, is amended to read as 35 -44- LSB 1777HC (9) 88 lh/jh 44/ 135
H.F. _____ follows: 1 358.15 Personal interest in contracts. 2 No A trustee of such district shall not be directly or 3 indirectly interested in any contract, work, or business of the 4 district, or in the sale of any article the expense, price, 5 or consideration of which is paid by such district; nor in 6 the purchase of any real estate or other property belonging 7 to the district, or which shall is to be sold for taxes or 8 assessments , or by virtue of legal process at the suit of said 9 the district ; provided, that nothing herein . However, this 10 section shall not be construed as prohibiting the selection of 11 any person as trustee because of the person’s ownership of real 12 estate in the district or because the person is a taxpayer in 13 the district. 14 Sec. 113. Section 359.12, Code 2019, is amended to read as 15 follows: 16 359.12 Order for election. 17 The county commissioner of elections shall issue an order 18 for such the first election, stating the time and place of 19 the same election , the officers to be elected, and any other 20 business to be transacted ; and no business . Business not named 21 in such the order shall not be transacted at such the election. 22 Sec. 114. Section 372.1, subsection 3, Code 2019, is amended 23 to read as follows: 24 3. Within thirty days of the date that this section 25 becomes effective, a A city shall adopt by ordinance a charter 26 embodying its existing form of government, which must be one of 27 the forms provided in this subchapter , and shall file a copy of 28 its charter with the secretary of state, and maintain copies 29 available for public inspection. 30 Sec. 115. Section 388.7, Code 2019, is amended to read as 31 follows: 32 388.7 Prior utility board. 33 1. A utility board functioning on the effective date of 34 the city code July 1, 1975, shall continue to function until 35 -45- LSB 1777HC (9) 88 lh/jh 45/ 135
H.F. _____ discontinued as provided in this chapter , and has all the 1 powers granted in this chapter . 2 2. Nothing in the city code shall be construed to allow the 3 abrogation of any franchise. 4 Sec. 116. Section 390.5, Code 2019, is amended to read as 5 follows: 6 390.5 Financing. 7 A city may finance its share of the cost of a joint facility 8 by the use of any method of financing available for city 9 utilities under the statutes of this state, for the financing 10 of electric generation or transmission facilities to be owned 11 by a city in their entirety, including but not limited to the 12 provisions of chapters 397 and 407, Code 1973 , and sections 13 384.23 to through 384.36 and sections 384.80 to through 384.94 14 as applicable. Revenues derived by a city utility from its 15 share of ownership or operation of a joint facility shall be 16 deemed to be revenues of the city utility for all purposes 17 including the issuance and payment of bonds secured by or 18 payable from the revenues of a city utility. A joint agreement 19 shall be deemed payable from revenues or revenue bonds of a 20 city utility in the absence of provision to the contrary or a 21 referendum approving the issuance of general obligation bonds. 22 Sec. 117. Section 400.11, subsection 1, paragraph a, Code 23 2019, is amended to read as follows: 24 a. The commission, within one hundred eighty days after 25 the beginning of each competitive examination for original 26 appointment, shall certify to the city council a list of the 27 names of forty persons, or a lesser number as determined by 28 the commission, who qualify with the highest standing as a 29 result of each examination for the position they seek to fill, 30 or the number which have qualified if less than forty, in the 31 order of their standing, and all newly created offices or other 32 vacancies in positions under civil service which occur before 33 the beginning of the next examination for the positions shall 34 be filled from the lists, or from the preferred list existing 35 -46- LSB 1777HC (9) 88 lh/jh 46/ 135
H.F. _____ as if provided for in case of diminution of employees, within 1 thirty days. If a tie occurs in the examination scores which 2 would qualify persons for the last position on the list, the 3 list of the names of the persons who qualify with the highest 4 standing as a result of each examination shall include all 5 persons who qualify for the last position. Preference for 6 temporary service in civil service positions shall be given 7 those on the lists. However, the commission may certify a 8 list of names eligible for appointment subject to successfully 9 completing a medical examination. The medical examination 10 shall be provided pursuant to commission rules adopted under 11 section 400.8 . 12 Sec. 118. Section 400.11, subsection 2, paragraph a, Code 13 2019, is amended to read as follows: 14 a. The commission, within ninety days after the beginning of 15 each competitive examination for promotion, shall certify to 16 the city council a list of names of the ten persons who qualify 17 with the highest standing as a result of each examination for 18 the position the persons seek to fill, or the number which have 19 qualified if less than ten, in the order of their standing and 20 all newly created offices or other vacancies in positions under 21 civil service which occur before the beginning of the next 22 examination for the positions shall be filled from the lists, 23 or from the preferred list existing as if provided for in the 24 case of diminution of employees, within thirty days. If a tie 25 occurs in the examination scores which would qualify persons 26 for the tenth position on the list, the list of names of the 27 persons who qualify with the highest standing as a result of 28 each examination shall include all persons who qualify for the 29 tenth position. 30 Sec. 119. Section 414.7, Code 2019, is amended to read as 31 follows: 32 414.7 Board of adjustment —— review by council. 33 1. The council shall provide for the appointment of a board 34 of adjustment and in . In the regulations and restrictions 35 -47- LSB 1777HC (9) 88 lh/jh 47/ 135
H.F. _____ adopted pursuant to the authority of this chapter , the 1 council shall provide that the said board of adjustment may 2 in appropriate cases and subject to appropriate conditions 3 and safeguards make special exceptions to the terms of the 4 ordinances in harmony with its general purpose and intent 5 and in accordance with general or specific rules therein 6 contained in the ordinance and provide that any property owner 7 aggrieved by the action of the council in the adoption of such 8 regulations and restrictions may petition the said board of 9 adjustment direct to modify regulations and restrictions as 10 applied to such property owners. 11 2. The council may provide for its review of variances 12 granted by the board of adjustment by the council before their 13 the effective date of the variances . The council may remand 14 a decision to grant a variance to the board of adjustment for 15 further study. The effective date of the variance is delayed 16 for thirty days from the date of the remand. 17 Sec. 120. Section 414.18, Code 2019, is amended to read as 18 follows: 19 414.18 Trial —— judgment —— costs. 20 1. If upon the hearing , which shall be tried de novo , it 21 shall appear to the court that testimony is necessary for 22 the proper disposition of the matter, it the court may take 23 evidence or appoint a referee to take such evidence as it may 24 direct and . The referee shall report the same evidence to the 25 court with the referee’s findings of fact and conclusions of 26 law, which shall constitute a part of the proceedings upon 27 which the determination of the court shall be made. The court 28 may reverse or affirm, wholly or partly, or may modify the 29 decision brought up for review. 30 2. Costs shall not be allowed against the board, unless 31 it shall appear to the court that it the board acted with 32 gross negligence or in bad faith or with malice in making the 33 decision appealed from. 34 Sec. 121. Section 420.286, Code 2019, is amended to read as 35 -48- LSB 1777HC (9) 88 lh/jh 48/ 135
H.F. _____ follows: 1 420.286 Procedure. 2 On the presentation of a petition signed by one-fourth of 3 the electors, as shown by the vote at the next preceding city 4 election, of any city acting under a special charter or act 5 of incorporation, to the governing body thereof of the city , 6 asking that the question of the amendment of such the special 7 charter or act of incorporation be submitted to the electors 8 of such city, such the governing body shall immediately 9 propose sections amendatory of said to amend the charter or 10 act of incorporation, and shall submit the same amendment , as 11 requested, at the first ensuing city election. At least ten 12 days before such the election , the mayor of such the city shall 13 issue a proclamation setting forth the nature and character 14 of such the amendment, and shall cause such the proclamation 15 to be published in a newspaper published therein in the city , 16 or, if there be none, the mayor shall cause the same amendment 17 to be posted in five public places in such the city. On the 18 day specified, the proposition to adopt the amendment shall be 19 submitted to the electors thereof of the city for adoption or 20 rejection, in the manner provided by the general election laws. 21 Sec. 122. Section 420.288, Code 2019, is amended to read as 22 follows: 23 420.288 Submission at special election. 24 The legislative body of said the city may submit any 25 amendment to the vote of the people as aforesaid at any special 26 election, provided one-half of the electors as aforesaid 27 petition for that purpose, and the proceedings shall be the 28 same as at the general election. 29 Sec. 123. Section 421B.4, Code 2019, is amended to read as 30 follows: 31 421B.4 Combination sales. 32 In all offers for sale or sales involving cigarettes and any 33 other item at a combined price, and in all offers for sale , or 34 sales , involving the giving of any gift or concession of any 35 -49- LSB 1777HC (9) 88 lh/jh 49/ 135
H.F. _____ kind whatsoever (whether whatsoever, whether it be coupons or 1 otherwise) otherwise , the wholesaler’s or retailer’s combined 2 selling price shall not be below the cost to the wholesaler or 3 the cost to the retailer, respectively, of the total of all 4 articles, products, commodities, gifts and concessions included 5 in such transactions: transactions. If any such articles, 6 products, commodities, gifts , or concessions , shall are not be 7 cigarettes, the basic cost thereof