House Study Bill 679 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON HOLT) A BILL FOR An Act relating to nonsubstantive Code corrections, and 1 including effective date and retroactive applicability 2 provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5939HC (1) 88 lh/ns
H.F. _____ DIVISION I 1 MISCELLANEOUS CHANGES 2 Section 1. Section 12.82, subsection 4, Code 2020, is 3 amended to read as follows: 4 4. Any amounts remaining in the school infrastructure 5 fund at the end of the fiscal year beginning July 1, 2010, 6 and for each fiscal year thereafter, which are determined by 7 the treasurer of state to be unencumbered and unobligated and 8 otherwise unnecessary to make the payments for such fiscal 9 year, shall be transferred to the rebuild Iowa infrastructure 10 fund created in section 8.57 . 11 Sec. 2. Section 12.89, subsection 5, Code 2020, is amended 12 to read as follows: 13 5. Moneys in the revenue bonds debt service fund and any 14 bond reserve fund created pursuant to this section are not 15 subject to section 8.33 ; provided however, that on August 31 16 following the close of each fiscal year, any moneys on deposit 17 in the revenue bonds debt service fund at the end of such 18 fiscal year, which is determined by the treasurer of state 19 to not be encumbered or obligated or otherwise necessary to 20 make the payments for such fiscal year authorized to be made 21 from such fund pursuant to subsection 1 , shall be credited 22 to the rebuild Iowa infrastructure fund created in section 23 8.57 . Notwithstanding section 12C.7, subsection 2 , interest or 24 earnings on moneys in the revenue bonds debt service fund and 25 any bond reserve fund shall be credited to such funds. 26 Sec. 3. Section 12.89A, subsection 5, Code 2020, is amended 27 to read as follows: 28 5. At any time during each fiscal year that there are moneys 29 on deposit in the revenue bonds federal subsidy holdback fund 30 that are not needed to pay principal and interest on federal 31 subsidy bonds during such fiscal year as determined by the 32 treasurer of state or the treasurer’s designee, such moneys 33 on deposit in the revenue bonds federal subsidy holdback fund 34 shall be credited to the rebuild Iowa infrastructure fund of 35 -1- LSB 5939HC (1) 88 lh/ns 1/ 50
H.F. _____ the state created in section 8.57 . 1 Sec. 4. Section 15.101, subsection 2, Code 2020, is amended 2 to read as follows: 3 2. The collaboration shall involve the economic development 4 authority and the Iowa innovation bioscience development 5 corporation, both of which shall work together to further 6 economic development policy according to the provisions of this 7 subchapter . 8 Sec. 5. Section 15E.71, Code 2020, is amended to read as 9 follows: 10 15E.71 Executive council action. 11 Notwithstanding section 7D.29, subsection 1 , the executive 12 council in full consultation with the attorney general, 13 and with the agreement of the attorney general, shall take 14 any action deemed necessary to protect the interests of the 15 state with respect to any certificates, tax credits, entities 16 created, or action taken in relation to this subchapter. Such 17 actions may include but are not limited to initiation of legal 18 action, commencement of special investigations, institution 19 of special audits of any involved entity, or establishment of 20 receiverships. If such action is taken, the council may incur 21 the necessary expense to perform such a duty or cause such a 22 duty to be performed, and pay the same out of any money moneys 23 in the state treasury not otherwise appropriated. 24 Sec. 6. Section 15E.362, subsection 10, Code 2020, is 25 amended to read as follows: 26 10. The authority may contract with outside service 27 providers for assistance with the program or may delegate the 28 administration of the program to the Iowa innovation bioscience 29 development corporation pursuant to section 15.106B . 30 Sec. 7. Section 15H.3, subsection 1, unnumbered paragraph 31 1, Code 2020, is amended to read as follows: 32 The Iowa commission on volunteer service shall consist of 33 the following members: 34 Sec. 8. Section 15H.5, subsection 2, Code 2020, is amended 35 -2- LSB 5939HC (1) 88 lh/ns 2/ 50
H.F. _____ to read as follows: 1 2. The Iowa summer youth corps program is established 2 to provide meaningful summer enrichment programming to 3 Iowa youth. The program shall be administered by the Iowa 4 commission on volunteer service using a competitive grant 5 process to implement projects in accordance with program 6 requirements. The commission shall adopt administrative rules 7 for the program, including but not limited to incentives, grant 8 criteria, and grantee selection processes. A percentage of the 9 grants shall be designated by the commission to address the 10 needs of economically distressed areas as defined in section 11 15.335C . 12 Sec. 9. Section 15H.6, subsection 1, Code 2020, is amended 13 to read as follows: 14 1. The Iowa commission on volunteer service , in 15 collaboration with the department of natural resources, the 16 department of workforce development, and the utilities board of 17 the department of commerce, shall establish an Iowa green corps 18 program. The commission shall work with the collaborating 19 agencies and nonprofit agencies in developing a strategy for 20 attracting additional financial resources for the program 21 from other sources which may include but are not limited to 22 utilities, private sector, and local, state, and federal 23 government funding sources. The financial resources received 24 shall be credited to the community programs account created 25 pursuant to section 15H.5 . 26 Sec. 10. Section 15H.7, subsection 1, paragraph a, Code 27 2020, is amended to read as follows: 28 a. The Iowa commission on volunteer service , in 29 collaboration with the department of education, may establish 30 an Iowa reading corps program to provide Iowa reading corps 31 Americorps members with a data-based, problem-solving model 32 of literacy instruction to use in tutoring students from 33 prekindergarten to third grade who are not proficient in 34 reading or who are at risk of becoming not proficient in 35 -3- LSB 5939HC (1) 88 lh/ns 3/ 50
H.F. _____ reading. 1 Sec. 11. Section 15H.8, subsection 1, paragraph a, Code 2 2020, is amended to read as follows: 3 a. The Iowa commission on volunteer service , in 4 collaboration with the department of human services, shall 5 establish a Refugee Rebuild, Integrate, Serve, Empower 6 (RefugeeRISE) AmeriCorps program to increase community 7 integration and engagement for diverse refugee communities in 8 rural and urban areas across the state. 9 Sec. 12. Section 15H.9, subsection 1, Code 2020, is amended 10 to read as follows: 11 1. The Iowa commission on volunteer service may establish an 12 Iowa national service corps program to provide opportunities 13 for state agencies, political subdivisions of the state, and 14 private, nonprofit organizations to create national service 15 programs outside of existing state and federal programs to meet 16 state and local needs and to provide more opportunities for 17 Iowans to serve their state and country and foster a cultural 18 expectation of service in Iowa through a unified service corps. 19 Sec. 13. Section 16.82A, subsection 1, paragraph c, Code 20 2020, is amended to read as follows: 21 c. If , after making a tax credit award is made, the eligible 22 taxpayer or qualified beginning farmer no longer meets the 23 requirements of the agreement or the program, the authority may 24 revoke a the tax credit award and may rescind a any tax credit 25 certificate that has been issued . 26 Sec. 14. Section 29A.47, subsection 1, Code 2020, is amended 27 to read as follows: 28 1. Troops occupying a military district established under 29 martial law , may, if necessary, pursue, arrest , and subpoena 30 persons wanted in said the military district, anywhere within 31 the state of Iowa. 32 Sec. 15. Section 29B.35, subsection 2, Code 2020, is amended 33 to read as follows: 34 2. If the charges or specifications are not formally correct 35 -4- LSB 5939HC (1) 88 lh/ns 4/ 50
H.F. _____ or do not conform to the substance of the evidence contained in 1 the report of the investigating officer, formal corrections , 2 and such changes in the charges and specifications as are 3 needed to make them conform to the evidence may be made. 4 Sec. 16. Section 43.77, subsection 5, unnumbered paragraph 5 1, Code 2020, is amended to read as follows: 6 A vacancy has occurred in the office of county supervisor 7 or in any of the offices listed in section 39.17 , and the 8 term of office has more than seventy days remaining after the 9 date of the next general election , and one of the following 10 circumstances applies: 11 Sec. 17. Section 43.101, Code 2020, is amended to read as 12 follows: 13 43.101 County central committee officers. 14 The county central committee shall elect a chair, co-chair, 15 secretary, treasurer, and other officers as it may determine. 16 The term of office of an officer begins at the time specified 17 by the party’s state constitution or bylaws and continues for 18 two years and until the officer’s successor is elected and 19 qualified, unless the officer dies, resigns , or is sooner 20 removed by the county central committee for inattention to duty 21 or incompetency. 22 Sec. 18. Section 45.1, subsection 8, paragraph c, Code 2020, 23 is amended to read as follows: 24 c. In cities having a population of less than one hundred 25 according to the most recent federal decennial census, 26 nominations may be made by nomination papers signed by not less 27 than five eligible electors who are residents of the city. 28 Sec. 19. Section 52.2, Code 2020, is amended to read as 29 follows: 30 52.2 Optical scan voting system required. 31 Notwithstanding any provision to the contrary, for elections 32 held on or after November 4, 2008, a county shall use an 33 optical scan voting system only. The requirements of the 34 federal Help America Vote Act , Pub. L. No. 107-252, 116 Stat. 35 -5- LSB 5939HC (1) 88 lh/ns 5/ 50
H.F. _____ 1666, relating to disabled voters shall be met by a county 1 through the use of electronic ballot marking devices that are 2 compatible with an optical scan voting system. 3 Sec. 20. Section 80.15, Code 2020, is amended to read as 4 follows: 5 80.15 Examination —— oath —— probation —— discipline —— 6 dismissal. 7 1. An applicant to be a peace officer in the department 8 shall not be appointed as a peace officer until the applicant 9 has passed a satisfactory physical and mental examination. 10 In addition, the applicant must be a citizen of the United 11 States and be not less than twenty-two years of age. However, 12 an applicant applying for assignment to provide protection 13 and security for persons and property on the grounds of the 14 state capitol complex or a peace officer candidate shall not 15 be less than eighteen years of age. The mental examination 16 shall be conducted under the direction or supervision of 17 the commissioner and may be oral or written or both. An 18 applicant shall take an oath on becoming a peace officer of the 19 department, to uphold the laws and Constitution of the United 20 States and Constitution of the State of Iowa. 21 2. During the period of twelve months after appointment, a 22 peace officer of the department is subject to dismissal at the 23 will of the commissioner. After the twelve months’ service, 24 a peace officer of the department, who was appointed after 25 having passed the examinations, is not subject to dismissal, 26 suspension, disciplinary demotion, or other disciplinary action 27 resulting in the loss of pay unless charges have been filed 28 with the department of inspections and appeals and a hearing 29 held by the employment appeal board created by section 10A.601 , 30 if requested by the peace officer, at which the peace officer 31 has an opportunity to present a defense to the charges. The 32 decision of the appeal board is final, subject to the right 33 of judicial review in accordance with the terms of the Iowa 34 administrative procedure Act, chapter 17A . However, these 35 -6- LSB 5939HC (1) 88 lh/ns 6/ 50
H.F. _____ procedures as to dismissal, suspension, demotion, or other 1 discipline do not apply to a peace officer who is covered by a 2 collective bargaining agreement which provides otherwise, and 3 do not apply to the demotion of a division head to the rank 4 which the division head held at the time of appointment as 5 division head, if any. A division head who is demoted has the 6 right to return to the rank which the division head held at the 7 time of appointment as division head, if any. 8 3. All rules, except employment provisions negotiated 9 pursuant to chapter 20 , regarding the enlistment, appointment, 10 and employment affecting the personnel of the department shall 11 be established by the commissioner in consultation with the 12 director of the department of administrative services, subject 13 to approval by the governor. 14 Sec. 21. Section 85.42, subsection 1, paragraph a, Code 15 2020, is amended to read as follows: 16 a. When it is shown that at the time of the injury the 17 surviving spouse had willfully deserted the deceased without 18 fault of the deceased, then such the survivor shall not be 19 considered as dependent in any degree. 20 Sec. 22. Section 96.19, subsection 25A, Code 2020, is 21 amended to read as follows: 22 25A. “Indian tribe” shall have the meaning given to 23 the term pursuant to section 4(e) of the federal Indian 24 Self-Determination and Education Assistance Act, Pub. L. No. 25 93-638, and shall include any subdivision, subsidiary, or 26 business enterprise wholly owned by such an Indian tribe. 27 Sec. 23. Section 124.409, Code 2020, is amended to read as 28 follows: 29 124.409 Conditional discharge, commitment for treatment, and 30 probation. 31 1. Whenever the court finds that a person who is charged 32 with a violation of section 124.401 and who consents thereto, 33 or who has entered a plea of guilty to or been found guilty of a 34 violation of that section, is addicted to, dependent upon, or a 35 -7- LSB 5939HC (1) 88 lh/ns 7/ 50
H.F. _____ chronic abuser of any controlled substance and that such person 1 will be aided by proper medical treatment and rehabilitative 2 services, it the court may order that the person be committed 3 as an in-patient or out-patient to a facility licensed by the 4 Iowa department of public health for medical treatment and 5 rehabilitative services. 6 2. A person committed under this section who is not 7 possessed of sufficient income or estate to enable the person 8 to make payment of the costs of such treatment in whole or 9 in part shall be considered a state patient and the costs of 10 treatment shall be paid as provided in section 125.44 . The 11 determination of ability to pay shall be made by the court. 12 The court shall require the patient, or the patient’s parent, 13 guardian, or custodian to complete under oath a detailed 14 financial statement. The court may enter appropriate orders 15 requiring the patient or those legally liable for the patient’s 16 support to reimburse the state with the costs, or any part 17 thereof. 18 3. In order to obtain the most effective results from such 19 medical treatment and rehabilitative services, the court may 20 commit the person to the custody of a public or private agency 21 or any other responsible person and impose other conditions 22 upon the commitment as is necessary to insure compliance with 23 the court’s order and to insure that the person will not, 24 during the period of treatment and rehabilitation, again 25 violate a provision of this chapter . 26 4. If it is established thereafter to the satisfaction 27 of the court that the person has again violated a provision 28 of this chapter , the person may be returned to custody or 29 sentenced upon conviction as provided by law. 30 5. The public or private agency or responsible person 31 to whom the accused person was committed by the court shall 32 immediately report to the court when the person has received 33 maximum benefit from the program or has recovered from 34 addiction, dependency, or tendency to chronically abuse any 35 -8- LSB 5939HC (1) 88 lh/ns 8/ 50
H.F. _____ controlled substance. The person shall then be returned to 1 the court for disposition of the case. If the person has been 2 charged or indicted, but not convicted, such charge shall 3 proceed to trial or final disposition. If the person has been 4 convicted or is thereafter convicted, the court shall sentence 5 the person as provided by law but may remit all or any part of 6 the sentence and place the person on probation upon terms and 7 conditions as the court may prescribe. 8 Sec. 24. Section 135B.5, subsection 2, Code 2020, is amended 9 to read as follows: 10 2. The provisions of this section shall not in any way 11 affect, change, deny , or nullify any rights set forth in , or 12 arising from the provisions of this chapter and particularly 13 section 135B.7 , arising before or after December 31, 1960. 14 Sec. 25. Section 144F.1, subsection 1, Code 2020, is amended 15 to read as follows: 16 1. “Aftercare assistance” means any assistance provided by 17 a lay caregiver to a patient following discharge of the patient 18 that are involves tasks directly related to the patient’s 19 condition at the time of discharge, do does not require a 20 licensed professional, and are is determined to be appropriate 21 by the patient’s discharging physician or other licensed health 22 care professional. 23 Sec. 26. Section 217.6, subsection 3, Code 2020, is amended 24 to read as follows: 25 3. The director shall organize the department of human 26 services into divisions to carry out in an efficient manner 27 the intent of this chapter . The department of human services 28 may be initially divided into the following divisions of 29 responsibility: the 30 a. The division of child and family services , the . 31 b. The division of mental health and disability services , 32 the . 33 c. The division of administration , and the . 34 d. The division of planning, research , and statistics. 35 -9- LSB 5939HC (1) 88 lh/ns 9/ 50
H.F. _____ Sec. 27. Section 217.43, subsection 1, Code 2020, is amended 1 to read as follows: 2 1. a. The department shall establish a service area 3 advisory board in each service area. Each of the county boards 4 of supervisors of the counties comprising the service area 5 shall appoint two service area advisory board members. The All 6 of the following requirements apply to the appointments made by 7 a county board of supervisors: the 8 (1) The membership shall be appointed in accordance with 9 section 69.16 , relating to political affiliation, and section 10 69.16A , relating to gender balance ; not . 11 (2) Not more than one of the members shall be a member of 12 the board of supervisors ; and appointments . 13 (3) Appointments shall be made on the basis of interest in 14 maintaining and improving service delivery. 15 b. Appointments shall be made a part of the regular 16 proceedings of the board of supervisors and shall be filed with 17 the county auditor and the service area manager. A vacancy on 18 the board shall be filled in the same manner as the original 19 appointment. 20 c. The boards of supervisors shall develop and agree to 21 other organizational provisions involving the advisory board, 22 including reporting requirements. 23 Sec. 28. Section 218.2, subsection 2, Code 2020, is amended 24 to read as follows: 25 2. The administrator to whom primary responsibility of for a 26 particular institution has been assigned shall make reports to 27 the director of human services as are requested by the director 28 and the director shall report, in writing, to the governor any 29 abuses found to exist in any of the institutions. 30 Sec. 29. Section 232.2, subsection 46A, Code 2020, is 31 amended to read as follows: 32 46A. “Relative” for purposes of divisions subchapters III 33 and IV of this chapter includes the parent of a sibling. 34 Sec. 30. Section 232.11, subsection 6, Code 2020, is amended 35 -10- LSB 5939HC (1) 88 lh/ns 10/ 50
H.F. _____ to read as follows: 1 6. Nothing in this section shall be construed to prevent 2 the child or the child’s parent, guardian or custodian from 3 retaining counsel to represent the child in proceedings under 4 this division subchapter II of this chapter in which the 5 alleged delinquent act constitutes a simple misdemeanor under 6 the Iowa Code. 7 Sec. 31. Section 232.37, subsections 3 and 6, Code 2020, are 8 amended to read as follows: 9 3. Upon request of the child who is identified in the 10 petition as a party to the proceeding, the child’s parent, 11 guardian , or custodian , ; or a county attorney ; or on the 12 court’s own motion, the court or the clerk of the court shall 13 issue subpoenas requiring the attendance and testimony of 14 witnesses and production of papers at any hearing under this 15 division subchapter . 16 6. The court may issue an order for the removal of the child 17 from the custody of the child’s parent, guardian , or custodian 18 when there exists an immediate threat that the parent, 19 guardian , or custodian will flee the state with the child, or 20 when it appears that the child’s immediate removal is necessary 21 to avoid imminent danger to the child’s life or health. 22 Sec. 32. Section 232.48, subsection 4, Code 2020, is amended 23 to read as follows: 24 4. A predisposition report shall not be disclosed except 25 as provided in this section and in division subchapter VIII of 26 this chapter . The court shall permit the child’s attorney to 27 inspect the predisposition report prior to consideration by the 28 court. The court may order counsel not to disclose parts of 29 the report to the child, or to the child’s parent, guardian, 30 guardian ad litem, or custodian if the court finds that 31 disclosure would seriously harm the treatment or rehabilitation 32 of the child. If the report indicates the child has behaved 33 in a manner that threatened the safety of another person, 34 has committed a violent act causing bodily injury to another 35 -11- LSB 5939HC (1) 88 lh/ns 11/ 50
H.F. _____ person, or has been a victim or perpetrator of sexual abuse, 1 unless otherwise ordered by the court, the child’s parent, 2 guardian, or foster parent or other person with custody of the 3 child shall be provided with that information. 4 Sec. 33. Section 232.89, subsection 2, unnumbered paragraph 5 1, Code 2020, is amended to read as follows: 6 Upon the filing of a petition, the court shall appoint 7 counsel and a guardian ad litem for the child identified in the 8 petition as a party to the proceedings. If a guardian ad litem 9 has previously been appointed for the child in a proceeding 10 under division subchapter II of this chapter or a proceeding in 11 which the court has waived jurisdiction under section 232.45 , 12 the court shall appoint the same guardian ad litem upon the 13 filing of the petition under this part. Counsel shall be 14 appointed as follows: 15 Sec. 34. Section 232.103, subsection 2, unnumbered 16 paragraph 1, Code 2020, is amended to read as follows: 17 The following persons shall be authorized to file a motion 18 to terminate, modify , or vacate and substitute a dispositional 19 order: 20 Sec. 35. Section 232.109, Code 2020, is amended to read as 21 follows: 22 232.109 Jurisdiction. 23 The juvenile court shall have exclusive jurisdiction over 24 proceedings under this chapter to terminate a parent-child 25 relationship and all parental rights with respect to a 26 child. No such termination shall be ordered except under the 27 provisions of this chapter if the court has made an order 28 concerning the child pursuant to the provisions of division 29 subchapter III of this chapter and the order is in force at the 30 time a petition for termination is filed. 31 Sec. 36. Section 232.147, subsection 10, Code 2020, is 32 amended to read as follows: 33 10. Subject to restrictions imposed by sections 232.48, 34 subsection 4 , and 232.97, subsection 3 , all juvenile court 35 -12- LSB 5939HC (1) 88 lh/ns 12/ 50
H.F. _____ records shall be made available for inspection and their 1 contents shall be disclosed to any party to the case and 2 the party’s counsel and to any trial or appellate court in 3 connection with an appeal pursuant to division subchapter VI of 4 this chapter . 5 Sec. 37. Section 256.11, subsection 5, paragraph k, 6 subparagraph (1), subparagraph division (e), Code 2020, is 7 amended to read as follows: 8 (e) Consumer awareness of the power of marketing on buying 9 decisions including zero percent interest offers; marketing 10 methods, including product positioning, advertising, brand 11 recognition, and personal selling; how to read a credit report 12 and correct inaccuracies; how to build a credit score; how to 13 develop a plan to deal with creditors and avoid bankruptcy; and 14 the federal Fair Debt Collection Practices Act , codified at 15 15 U.S.C. §1692 1692p . 16 Sec. 38. Section 257.39, Code 2020, is amended to read as 17 follows: 18 257.39 Definitions —— returning dropouts and potential 19 dropouts. 20 As used in this chapter : 21 1. “Returning dropouts” are resident pupils who have been 22 enrolled in a public or nonpublic school in any of grades seven 23 through twelve who withdrew from school for a reason other 24 than transfer to another school or school district and who 25 subsequently enrolled in a public school in the district. 26 2. 1. “Potential dropouts” are resident pupils who are 27 enrolled in a public or nonpublic school who demonstrate poor 28 school adjustment as indicated by two or more of the following: 29 a. High rate of absenteeism, truancy, or frequent tardiness. 30 b. Limited or no extracurricular participation or lack 31 of identification with school, including but not limited to , 32 expressed feelings of not belonging. 33 c. Poor grades, including but not limited to , failing in one 34 or more school subjects or grade levels. 35 -13- LSB 5939HC (1) 88 lh/ns 13/ 50
H.F. _____ d. Low achievement scores in reading or mathematics which 1 reflect achievement at two years or more below grade level. 2 e. Children in grades kindergarten through three who meet 3 the definition of at-risk children adopted by the department 4 of education. 5 2. “Returning dropouts” are resident pupils who have been 6 enrolled in a public or nonpublic school in any of grades seven 7 through twelve who withdrew from school for a reason other 8 than transfer to another school or school district and who 9 subsequently enrolled in a public school in the district. 10 Sec. 39. Section 261E.8, subsection 2, paragraph b, 11 subparagraph (2), subparagraph divisions (a) and (b), Code 12 2020, are amended to read as follows: 13 (a) Subject to an appropriation of funds by the general 14 assembly for this purpose, a student enrolled in a unit of 15 coursework provided under this subparagraph shall be counted 16 as if the student was assigned a weighting under section 17 257.11, subsection 3 , paragraph “b” , in determining the amount 18 calculated and paid to a community college under subparagraph 19 (4) , if the accredited nonpublic school is accredited under the 20 standards required of a school district pursuant to section 21 256.11 , the number of students enrolled in a class used to meet 22 the unit requirement exceeds five, and the accredited nonpublic 23 school’s total enrollment in grades nine through twelve does 24 not exceed two hundred pupils. 25 (b) A student enrolled in a unit of coursework provided 26 under this subparagraph is not eligible to be counted as if 27 the student was assigned a weighting under section 257.11, 28 subsection 3 , paragraph “b” , in determining the amount 29 calculated and paid to a community college under subparagraph 30 (4) , if the accredited nonpublic school’s total enrollment in 31 grades nine through twelve exceeds two hundred pupils. 32 Sec. 40. Section 272.15, subsection 1, paragraph a, 33 subparagraph (2), Code 2020, is amended to read as follows: 34 (2) The board of directors of a school district or area 35 -14- LSB 5939HC (1) 88 lh/ns 14/ 50
H.F. _____ education agency, the superintendent of a school district, 1 the chief administrator of an area education agency, and 2 the authorities in charge of an accredited nonpublic school 3 shall report to the board the nonrenewal or termination, for 4 reasons of alleged or actual misconduct, of a person’s contract 5 executed under sections 279.12 , 279.13 , 279.15 , 279.16, 279.18 6 through 279.21 , 279.23 , and 279.24 , and the resignation of 7 a person who holds a license, certificate, or authorization 8 issued by the board as a result of or following an incident 9 or allegation of misconduct that, if proven, would constitute 10 a violation of the rules adopted by the board to implement 11 section 272.2, subsection 14 , paragraph “b” , subparagraph 12 (1); soliciting, encouraging, or consummating a romantic 13 or otherwise inappropriate relationship with a student; 14 falsifying student grades, test scores, or other official 15 information or material; or converting public property or 16 funds to the personal use of the school employee, when the 17 board or reporting official has a good faith belief that the 18 incident occurred or the allegation is true. The board may 19 deny a license or revoke the license of an administrator if 20 the board finds by a preponderance of the evidence that the 21 administrator failed to report the termination or resignation 22 of a school employee holding a license, certificate, statement 23 of professional recognition, or coaching authorization, for 24 reasons of alleged or actual misconduct, as defined by this 25 section . 26 Sec. 41. Section 279.11, subsection 2, paragraph a, Code 27 2020, is amended to read as follows: 28 a. A parent or guardian of siblings may request of a school 29 principal that the children siblings be placed in the same 30 classroom or in separate classrooms if the children siblings 31 are in the same grade level academically for kindergarten 32 through grade five. The school principal in consultation with 33 the siblings’ classroom teachers for the prior school year, 34 may recommend classroom placement to the parent or guardian. 35 -15- LSB 5939HC (1) 88 lh/ns 15/ 50
H.F. _____ The school principal shall provide the placement requested by 1 the parent or guardian, unless the school principal makes a 2 classroom placement determination as provided under paragraph 3 “b” or if the placement would require the school district to add 4 an additional class at the siblings’ grade level. A request 5 made by a parent or guardian under this paragraph must be 6 submitted to the school principal at the time of registration 7 for classes or, if the children siblings are enrolled in 8 the school district after the school year commences, within 9 fourteen days after the children’s siblings’ first day of 10 attendance during the school year. 11 Sec. 42. Section 307.13, Code 2020, is amended to read as 12 follows: 13 307.13 Reassignment of personnel. 14 The director may reassign personnel within the department 15 among the various divisions of the department in order to 16 properly coordinate the work of the divisions and perform the 17 duties and responsibilities of the department efficiently 18 and economically. However, any employee so transferred or 19 transferred from one employment system to another, either 20 administratively or legislatively, shall not be considered to 21 be a probationary employee simply because of this action. 22 However, any employee so transferred or transferred from 23 one employment system to another either administratively or 24 legislatively, shall not be considered to be a probationary 25 employee simply because of this action. 26 Sec. 43. Section 321.208, subsection 1, paragraph c, Code 27 2020, is amended to read as follows: 28 c. Operating a commercial motor vehicle involved in a fatal 29 accident and being convicted of manslaughter under section 30 707.4 or 707.5 or vehicular homicide under section 707.6A . 31 Sec. 44. Section 322G.12, Code 2020, is amended to read as 32 follows: 33 322G.12 Resale of returned vehicles. 34 1. A manufacturer who accepts the return of a motor 35 -16- LSB 5939HC (1) 88 lh/ns 16/ 50
H.F. _____ vehicle pursuant to a settlement, determination, or decision 1 under this chapter shall notify the state department of 2 transportation, report the vehicle identification number of 3 that motor vehicle within ten days after the acceptance, and 4 obtain a new certificate of title for the vehicle in the 5 manufacturer’s name pursuant to section 321.46 . In obtaining 6 a new certificate of title, the manufacturer shall title 7 the vehicle in the county of the transferor’s residence and 8 shall be exempt from the registration fee requirements of 9 section 321.46 and the fee for new registration under section 10 321.105A . The new certificate of title, and all subsequent 11 registration receipts and certificates of title issued for the 12 motor vehicle, shall contain a designation indicating that 13 the motor vehicle was returned to the manufacturer pursuant 14 to this chapter or a similar law of another state. The state 15 department of transportation shall determine the manner in 16 which the designation is to be indicated on registration 17 receipts and certificates of title and may determine that a 18 “REBUILT” or “SALVAGE” designation supersedes the designation 19 required by this paragraph subsection and include the “REBUILT” 20 or “SALVAGE” designation on the registration receipt and 21 certificate of title in lieu of the designation required by 22 this paragraph subsection . 23 2. A person shall not knowingly lease, sell, either at 24 wholesale or retail, or transfer a title to a motor vehicle 25 returned by reason of a settlement, determination, or 26 decision pursuant to this chapter or a similar law of another 27 state unless the nature of the nonconformity is clearly and 28 conspicuously disclosed to the prospective transferee, lessee, 29 or buyer. The attorney general shall prescribe by rule the 30 form, content, and procedure pertaining to such a disclosure 31 statement, recognizing the need of manufacturers to implement 32 a uniform disclosure form. The manufacturer shall make a 33 reasonable effort to ensure that such disclosure is made to 34 the first subsequent retail buyer or lessee. For purposes of 35 -17- LSB 5939HC (1) 88 lh/ns 17/ 50
H.F. _____ this section , “settlement” includes an agreement entered into 1 between the manufacturer and the consumer that occurs after 2 the thirtieth day following the manufacturer’s receipt of the 3 consumer’s written notification pursuant to section 322G.4 . 4 Sec. 45. Section 330.13, Code 2020, is amended to read as 5 follows: 6 330.13 Federal aid. 7 1. Any subdivision of government is authorized to accept, 8 receive, and receipt for federal moneys, and other moneys, 9 either public or private, for the acquisition, construction, 10 enlargement, improvement, maintenance, equipment, or operation 11 of airports, and other air navigation facilities, and sites 12 for airports and other navigation facilities, and to comply 13 with the laws of the United States and any regulations for 14 the expenditure of federal moneys upon airports and other air 15 navigation facilities. 16 2. All preapplications for funds authorized to be received 17 pursuant to this section by any governmental subdivision, 18 commission, or authority, whether acting alone or jointly with 19 another governmental or private entity, shall be approved by 20 the state transportation commission prior to being submitted 21 to any federal agency or department. Approval shall be 22 based on criteria consistent with the Iowa aviation system 23 plan. However, this paragraph subsection does not apply to 24 preapplications from airports which receive federal primary 25 commercial service entitlement funds if the airport making the 26 preapplication files a copy of the preapplication with the 27 state department of transportation. 28 Sec. 46. Section 335.30, Code 2020, is amended to read as 29 follows: 30 335.30 Manufactured and modular homes. 31 1. A county shall not adopt or enforce zoning regulations or 32 other ordinances which disallow the plans and specifications of 33 a proposed residential structure solely because the proposed 34 structure is a manufactured home. However, a zoning ordinance 35 -18- LSB 5939HC (1) 88 lh/ns 18/ 50
H.F. _____ or regulation shall require that a manufactured home be located 1 and installed according to the same standards, including but 2 not limited to, a permanent foundation system, set-back, and 3 minimum square footage which would apply to a site-built, 4 single family dwelling on the same lot, and shall require 5 that the home is assessed and taxed as a site-built dwelling. 6 A zoning ordinance or other regulation shall not require a 7 perimeter foundation system for a manufactured home which is 8 incompatible with the structural design of the manufactured 9 home structure. A county shall not require more than one 10 permanent foundation system for a manufactured home. For 11 purposes of this section , a permanent foundation may be a 12 pier footing foundation system designed and constructed to be 13 compatible with the structure and the conditions of the site. 14 When units are located outside a manufactured home community 15 or mobile home park, requirements may be imposed which ensure 16 visual compatibility of the permanent foundation system with 17 surrounding residential structures. As used in this section , 18 “manufactured home” means a factory-built structure, which is 19 manufactured or constructed under the authority of 42 U.S.C. 20 §5403 and is to be used as a place for human habitation, but 21 which is not constructed or equipped with a permanent hitch 22 or other device allowing it to be moved other than for the 23 purpose of moving to a permanent site, and which does not have 24 permanently attached to its body or frame any wheels or axles. 25 This section shall not be construed as abrogating a recorded 26 restrictive covenant. 27 2. A county shall not adopt or enforce construction, 28 building, or design ordinances, regulations, requirements, 29 or restrictions which would mandate width standards greater 30 than twenty-four feet, roof pitch, or other design standards 31 for manufactured housing if the housing otherwise complies 32 with 42 U.S.C. §5403. A county shall not adopt or enforce 33 zoning or subdivision regulations or other ordinances which 34 mandate width standards for a single modular or manufactured 35 -19- LSB 5939HC (1) 88 lh/ns 19/ 50
H.F. _____ home which is sited upon land otherwise zoned as agricultural 1 land. However, this paragraph subsection shall not prohibit a 2 county from adopting and enforcing zoning regulations related 3 to transportation, water, sewerage, or other land development. 4 Sec. 47. Section 352.4, subsection 1, paragraphs b, c, and 5 d, Code 2020, are amended to read as follows: 6 b. The lands used for public facilities, which may include 7 parks, recreation areas, schools, government buildings , and 8 historical sites. 9 c. The lands used for private open spaces, which may include 10 woodlands, wetlands , and water bodies. 11 d. The land used for each of the following uses: 12 commercial, industrial including mineral extraction, 13 residential , and transportation. 14 Sec. 48. Section 352.4, subsection 3, Code 2020, is amended 15 to read as follows: 16 3. The information required by subsection 1 shall be 17 provided both in narrative and map form. The county commission 18 shall provide a cartographic display which contrasts the 19 county’s present land use with the land use in the county in 20 1960 based on the best available information. The display 21 need only show the areas in agriculture, private open spaces, 22 public facilities, commercial, industrial, residential , and 23 transportation uses. 24 Sec. 49. Section 357.17, Code 2020, is amended to read as 25 follows: 26 357.17 Bond of contractor. 27 1. The successful bidder, when awarded a contract, shall 28 be required to give an approved surety bond for one hundred 29 percent of the contract price, guaranteeing completion of the 30 work in accordance with the plans and specifications, and for 31 maintenance, including backfilling, for one year after the 32 final acceptance of the work. 33 2. If the contractor shall fail fails to complete the work 34 as provided in the contract, or shall abandon abandons the 35 -20- LSB 5939HC (1) 88 lh/ns 20/ 50
H.F. _____ same work , or fail fails to proceed in a reasonable manner 1 toward its final completion, the board may proceed against 2 the contractor and surety as provided in sections 468.104 and 3 468.105 . 4 Sec. 50. Section 359.14, Code 2020, is amended to read as 5 follows: 6 359.14 Changing name —— petition —— notice. 7 1. Eligible electors of a township wishing to change its 8 name may petition the board of supervisors and, if . 9 2. If it appears to the board that a majority of the 10 eligible electors of the township are in favor of the change, 11 the board shall cause notices, attested by the auditor, to be 12 posted in three of the most public places of the township, for 13 at least thirty days before the next regular session of the 14 board. 15 3. The notice shall state that all of the following: 16 a. That a petition has been presented to the board by the 17 eligible electors of the township, seeking a change of the name 18 of the township and shall state the . 19 b. The name sought in the petition , and that, . 20 c. That, unless those interested in the change of name 21 appear at the next regular session of the board and show cause 22 why the name shall not be changed, there will be an order made 23 granting the change. 24 Sec. 51. Section 411.23, subsection 3, paragraph b, Code 25 2020, is amended to read as follows: 26 b. In the event a refund is made in accordance with this 27 subsection without the member’s consent, the system shall 28 pay the distribution in a direct rollover to an individual 29 retirement plan designated by the system unless the member 30 elects to have such distribution paid directly to an eligible 31 retirement plan specified by the member in a direct rollover 32 in accordance with section 411.6B or elects to receive the 33 distribution directly. The system may, by rule, implement 34 a de minimus de minimis exception to the automatic rollover 35 -21- LSB 5939HC (1) 88 lh/ns 21/ 50
H.F. _____ provision of this subsection , subject to the limitations of 1 the Internal Revenue Code and any applicable internal revenue 2 service regulations. 3 Sec. 52. Section 425.8, subsection 1, Code 2020, is amended 4 to read as follows: 5 1. The director of revenue shall prescribe the form 6 for the making of a verified statement and designation of 7 homestead, the form for the supporting affidavits required 8 herein, and such other forms as may be necessary for the proper 9 administration of this chapter . Whenever necessary, the 10 department of revenue shall forward to the county auditors of 11 the several counties in the state the prescribed sample forms, 12 and the county auditors shall furnish blank forms prepared in 13 accordance therewith with the assessment rolls, books, and 14 supplies delivered to the assessors. The department of revenue 15 shall prescribe and the county auditors shall provide on the 16 forms for claiming the homestead credit a statement to the 17 effect that the owner realizes that the owner must give written 18 notice to the assessor when the owner changes the use of the 19 property. 20 Sec. 53. Section 456A.28, Code 2020, is amended to read as 21 follows: 22 456A.28 Fish restoration projects. 23 The state of Iowa assents to the provisions of the Act of 24 Congress entitled “An Act To Provide That The United States 25 Shall Aid The States In Fish Restoration Projects, And For 26 Other Purposes”, approved August 9, 1950, Ch. Chapter 658, 27 64 Stat. 430, codified at 16 U.S.C. §777 777n, and the 28 department may perform acts as necessary to the conduct and 29 establishment of cooperative fish restoration projects, as 30 defined in the Act of Congress, in compliance with the Act and 31 with regulations promulgated by the secretary of the interior 32 under the Act. No funds accruing to the state of Iowa from 33 fishing license fees shall be diverted for any other purposes 34 than as set out in sections 456A.17 and 456A.19 . 35 -22- LSB 5939HC (1) 88 lh/ns 22/ 50
H.F. _____ Sec. 54. Section 461A.1, subsection 1, Code 2020, is amended 1 to read as follows: 2 1. Commission” means the natural resource commission 3 created under section 455A.5 . 4 Sec. 55. Section 462A.5, subsection 4, paragraph b, Code 5 2020, is amended to read as follows: 6 b. If the name of a person , who has registered a vessel , is 7 changed, the person shall, within ten days, notify any county 8 recorder of the former and new name. 9 Sec. 56. Section 462A.12, subsection 4, Code 2020, is 10 amended to read as follows: 11 4. No person shall operate on the waters of this state under 12 the jurisdiction of the conservation commission any vessel 13 displaying or reflecting a blue light or flashing blue light 14 unless such vessel is an authorized emergency vessel. 15 Sec. 57. Section 515G.3, subsection 1, paragraph c, Code 16 2020, is amended to read as follows: 17 c. The manner and basis of exchanging the rights of each 18 voting policyholder and each eligible policyholder of the 19 mutual insurer to be converted to a stock company pursuant 20 to this chapter . Such exchange may include a base value 21 for each voting policyholder in recognition of the voting 22 policyholder’s voting rights as a mutual policyholder as well 23 as consideration to be provided to each eligible policyholder 24 in exchange for the eligible policyholder’s rights as a mutual 25 policyholder of the mutual insurer to be converted. After 26 determining the base value to be provided to each voting 27 policyholder in recognition of the voting rights of the voting 28 policyholder, the equitable share of each eligible policyholder 29 in the remaining statutory surplus of the mutual insurer, 30 plus any adjustments for nonadmitted assets or additional 31 value permitted by the commissioner, to be provided to each 32 eligible policyholder shall be determined by the ratio which 33 the net earned premiums the eligible policyholder has properly 34 and timely paid to the mutual insurer on insurance policies 35 -23- LSB 5939HC (1) 88 lh/ns 23/ 50
H.F. _____ in effect during the three-year period immediately preceding 1 the adoption of the plan of conversion, including the date of 2 the adoption of the plan of conversion, bears to the total 3 net earned premiums received by the mutual insurer from all 4 eligible policyholders during that three-year period. The base 5 value to be provided to each voting policyholder in recognition 6 of voting rights and the equitable share of each eligible 7 policyholder may be exchanged, without additional payment, 8 for securities or other consideration, or both, of the stock 9 corporation or an affiliate into which the mutual insurer is to 10 be converted. If the base value for each voting policyholder 11 or the equitable share of each eligible policyholder entitles 12 the policyholder to the purchase of a fractional share of 13 stock, the policyholder has the option to receive the value of 14 the fractional share in cash or purchase a full share by paying 15 the balance in cash. However, policyholders due a de minimus 16 de minimis amount, as established by the commissioner, need 17 not be offered the value of the fractional share or the option 18 to purchase a full share. The plan shall also provide for the 19 disposition of any unclaimed shares. 20 Sec. 58. Section 515I.4A, subsection 7, Code 2020, is 21 amended to read as follows: 22 7. A policy or contract issued by a domestic surplus lines 23 insurer in this state is exempt from all requirements imposed 24 in this state relating to insurance rating plans, policy or 25 contract forms, policy or contract cancellation and nonrenewal, 26 or premiums charged to the insured , in the same manner and to 27 the same extent as a policy or contract issued by a nonadmitted 28 insurer domiciled in another state. 29 Sec. 59. Section 521I.11, subsection 3, Code 2020, is 30 amended to read as follows: 31 3. The allocation to a resulting insurer of capital, 32 surplus, or other asset that is collateral covered by an 33 effective financing statement shall not be effective until a 34 new effective financing statement naming the resulting insurer 35 -24- LSB 5939HC (1) 88 lh/ns 24/ 50
H.F. _____ as a debtor is effective under the uniform commercial code , 1 chapter 554 . 2 Sec. 60. Section 523C.9, subsection 3, Code 2020, is amended 3 to read as follows: 4 3. The service company has without just cause refused to 5 perform or negligently or incompetently performed services 6 required to be performed under its service contracts and 7 the refusal, or negligent or incompetent performance has 8 occurred with such frequency, as determined by the commissioner 9 determines , as to indicate the general business practices of 10 the service company. 11 Sec. 61. Section 554.2402, subsection 3, paragraph b, Code 12 2020, is amended to read as follows: 13 b. where identification to the contract or delivery is 14 made not in current course of trade but in satisfaction of or 15 as security for a pre-existing preexisting claim for money, 16 security or the like and is made under circumstances which 17 under any rule of law of the state where the goods are situated 18 would apart from this Article constitute the transaction a 19 fraudulent transfer or voidable preference. 20 Sec. 62. Section 573.14, Code 2020, is amended to read as 21 follows: 22 573.14 Retention of unpaid funds. 23 1. The fund provided for in section 573.13 shall be retained 24 by the public corporation for a period of thirty days after the 25 completion and final acceptance of the improvement. If at the 26 end of the thirty-day period claims are on file as provided the 27 public corporation shall continue to retain from the unpaid 28 funds a sum equal to double the total amount of all claims 29 on file. The remaining balance of the unpaid fund, or if no 30 claims are on file, the entire unpaid fund, shall be released 31 and paid to the contractor. 32 2. The public corporation shall order payment of any 33 amount due the contractor to be made in accordance with the 34 terms of the contract. Except as provided in section 573.12 35 -25- LSB 5939HC (1) 88 lh/ns 25/ 50
H.F. _____ for progress payments, failure to make payment pursuant to 1 this section , of any amount due the contractor, within forty 2 days, unless a greater time period not to exceed fifty days 3 is specified in the contract documents, after the work under 4 the contract has been completed and if the work has been 5 accepted and all required materials, certifications, and other 6 documentations required to be submitted by the contractor and 7 specified by the contract have been furnished the awarding 8 public corporation by the contractor, shall cause interest 9 to accrue on the amount unpaid to the benefit of the unpaid 10 party. Interest shall accrue during the period commencing 11 the thirty-first day following the completion of work and 12 satisfaction of the other requirements of this paragraph 13 subsection and ending on the date of payment. The rate of 14 interest shall be determined by the period of time during 15 which interest accrues, and shall be the same as the rate of 16 interest that is in effect under section 12C.6 , as of the 17 day interest begins to accrue, for a deposit of public funds 18 for a comparable period of time. However, for institutions 19 governed pursuant to chapter 262 , the rate of interest shall 20 be determined by the period of time during which interest 21 accrues, and shall be calculated as the prime rate plus one 22 percent per year as of the day interest begins to accrue. This 23 paragraph subsection does not abridge any of the rights set 24 forth in section 573.16 . Except as provided in sections 573.12 25 and 573.16 , interest shall not accrue on funds retained by the 26 public corporation to satisfy the provisions of this section 27 regarding claims on file. This chapter does not apply if the 28 public corporation has entered into a contract with the federal 29 government or accepted a federal grant which is governed by 30 federal law or rules that are contrary to the provisions of 31 this chapter . For purposes of this unnumbered paragraph 32 subsection , “prime rate” means the prime rate charged by banks 33 on short-term business loans, as determined by the board of 34 governors of the federal reserve system and published in the 35 -26- LSB 5939HC (1) 88 lh/ns 26/ 50
H.F. _____ federal reserve bulletin. 1 Sec. 63. Section 602.10134, Code 2020, is amended to read 2 as follows: 3 602.10134 Plea of guilty or failure to plead. 4 If the accused plead pleads guilty, or fail fails to answer, 5 the court shall proceed to render such judgment as the case 6 requires. 7 Sec. 64. Section 624.1, Code 2020, is amended to read as 8 follows: 9 624.1 Evidence in ordinary actions. 10 1. All issues of fact in ordinary actions shall be tried 11 upon oral evidence taken in open court, except that depositions 12 may be used as provided by law. 13 2. A party may interrogate any unwilling or hostile witness 14 by leading questions. 15 3. A party may call an adverse party or an officer, 16 director, or managing agent of a public or private corporation 17 or of a partnership or association which is an adverse party, 18 and interrogate the party or person by leading questions and 19 contradict and impeach the party or person in all respects 20 as if the party or person had been called by the adverse 21 party, and the witness thus called may be contradicted and 22 impeached by or on behalf of the adverse party also, and may 23 be cross-examined by the adverse party only upon the subject 24 matter of the examination in chief. 25 Sec. 65. Section 633.402, Code 2020, is amended to read as 26 follows: 27 633.402 Sale defined. 28 For purposes of this part 6 of this subchapter , sale of 29 property includes but is not limited to the granting of an 30 easement, the granting of an option, the granting of a right of 31 refusal and the granting or conveyance of any other interest, 32 title , or right regarding property. 33 Sec. 66. Section 633.551, subsection 6, Code 2020, is 34 amended to read as follows: 35 -27- LSB 5939HC (1) 88 lh/ns 27/ 50
H.F. _____ 6. Except as otherwise provided in this subchapter , the Iowa 1 rules of civil procedure shall govern proceedings to establish, 2 modify, or terminate a guardianship or conservatorship. 3 Sec. 67. Section 633.558, subsection 3, Code 2020, is 4 amended to read as follows: 5 3. Notice of the filing of a petition given to persons under 6 subsections subsection 2 and 3 shall include a statement that 7 such persons may register to receive notice of the hearing 8 on the petition and other proceedings and the manner of such 9 registration. 10 Sec. 68. Section 633.563, subsection 1, unnumbered 11 paragraph 1, Code 2020, is amended to read as follows: 12 At or before a hearing on a petition for the appointment of 13 a guardian or conservator or the modification or termination 14 of a guardianship or conservatorship, the court shall order a 15 professional evaluation of the respondent unless one of the 16 following criteria are met: 17 Sec. 69. Section 633.634, Code 2020, is amended to read as 18 follows: 19 633.634 Combination of petitions. 20 If , prior to the time of hearing on a petition for the 21 appointment of a guardian or a conservator, a petition is 22 filed under the provisions of section 633.556 , 633.557 , or 23 633.591 , the court shall combine the hearing hearings on such 24 the petitions and determine who shall be appointed guardian or 25 conservator , and such petition . The petitions shall be triable 26 to the court. 27 Sec. 70. Section 712.2, Code 2020, is amended to read as 28 follows: 29 712.2 Arson in the first degree. 30 1. Arson is arson in the first degree when the presence 31 of one or more persons can be reasonably anticipated in or 32 near the property which is the subject of the arson, or the 33 arson results in the death of a fire fighter, whether paid or 34 volunteer. 35 -28- LSB 5939HC (1) 88 lh/ns 28/ 50
H.F. _____ 2. Arson in the first degree is a class “B” felony. 1 Sec. 71. Section 712.3, Code 2020, is amended to read as 2 follows: 3 712.3 Arson in the second degree. 4 1. Arson which is not arson in the first degree is arson 5 in the second degree when the property which is the subject of 6 the arson is a building or a structure, or real property of any 7 kind, or standing crops, or is personal property the value of 8 which exceeds seven hundred fifty dollars. 9 2. Arson in the second degree is a class “C” felony. 10 Sec. 72. Section 712.4, Code 2020, is amended to read as 11 follows: 12 712.4 Arson in the third degree. 13 1. Arson which is not arson in the first degree or arson in 14 the second degree is arson in the third degree. 15 2. Arson in the third degree is an aggravated misdemeanor. 16 Sec. 73. 2019 Iowa Acts, chapter 135, section 14, is amended 17 by striking the section and inserting in lieu thereof the 18 following: 19 SEC. 14. Section 261.86, subsection 1 , unnumbered paragraph 20 1, Code 2019, is amended to read as follows: 21 A national guard educational assistance service scholarship 22 program is established to be administered by the college 23 student aid commission for members of the Iowa national guard 24 who are enrolled as undergraduate students in a community 25 college, an institution of higher learning under the state 26 board of regents, or an accredited private institution. The 27 college student aid commission shall adopt rules pursuant 28 to chapter 17A to administer this section . An individual 29 is eligible for the national guard educational assistance 30 service scholarship program if the individual meets all of the 31 following conditions: 32 Sec. 74. EFFECTIVE DATE. The following, being deemed of 33 immediate importance, takes effect upon enactment: 34 The section of this Act amending 2019 Iowa Acts, chapter 135, 35 -29- LSB 5939HC (1) 88 lh/ns 29/ 50
H.F. _____ section 14. 1 Sec. 75. RETROACTIVE APPLICABILITY. The following applies 2 retroactively to July 1, 2019: 3 The section of this Act amending 2019 Iowa Acts, chapter 135, 4 section 14. 5 DIVISION II 6 CORRESPONDING CHANGES 7 Sec. 76. Section 85.28, Code 2020, is amended to read as 8 follows: 9 85.28 Burial expense. 10 When death ensues from the injury, the employer shall pay the 11 reasonable expenses of burial of such employee, not to exceed 12 twelve times the statewide average weekly wage paid employees 13 as determined by the department of workforce development under 14 section 96.19 96.1A , subsection 36 , and in effect at the time 15 of death, which shall be in addition to other compensation or 16 any other benefit provided for in this chapter . 17 Sec. 77. Section 85.31, subsection 1, paragraph b, Code 18 2020, is amended to read as follows: 19 b. The weekly benefit amount shall not exceed a weekly 20 benefit amount, rounded to the nearest dollar, equal to 21 two hundred percent of the statewide average weekly wage 22 paid employees as determined by the department of workforce 23 development under section 96.19 96.1A , subsection 36 , and in 24 effect at the time of the injury. The minimum weekly benefit 25 amount shall be equal to the weekly benefit amount of a person 26 whose gross weekly earnings are thirty-five percent of the 27 statewide average weekly wage. Such compensation shall be in 28 addition to the benefits provided by sections 85.27 and 85.28 . 29 Sec. 78. Section 85.34, subsection 2, unnumbered paragraph 30 1, Code 2020, is amended to read as follows: 31 Compensation for permanent partial disability shall begin 32 when it is medically indicated that maximum medical improvement 33 from the injury has been reached and that the extent of loss or 34 percentage of permanent impairment can be determined by use of 35 -30- LSB 5939HC (1) 88 lh/ns 30/ 50
H.F. _____ the guides to the evaluation of permanent impairment, published 1 by the American medical association, as adopted by the workers’ 2 compensation commissioner by rule pursuant to chapter 17A . The 3 compensation shall be in addition to the benefits provided by 4 sections 85.27 and 85.28 . The compensation shall be based 5 upon the extent of the disability and upon the basis of eighty 6 percent per week of the employee’s average spendable weekly 7 earnings, but not more than a weekly benefit amount, rounded to 8 the nearest dollar, equal to one hundred eighty-four percent of 9 the statewide average weekly wage paid employees as determined 10 by the department of workforce development under section 96.19 11 96.1A , subsection 36 , and in effect at the time of the injury. 12 The minimum weekly benefit amount shall be equal to the weekly 13 benefit amount of a person whose gross weekly earnings are 14 thirty-five percent of the statewide average weekly wage. For 15 all cases of permanent partial disability compensation shall 16 be paid as follows: 17 Sec. 79. Section 85.34, subsection 3, paragraph a, Code 18 2020, is amended to read as follows: 19 a. Compensation for an injury causing permanent total 20 disability shall be upon the basis of eighty percent per week 21 of the employee’s average spendable weekly earnings, but not 22 more than a weekly benefit amount, rounded to the nearest 23 dollar, equal to two hundred percent of the statewide average 24 weekly wage paid employees as determined by the department of 25 workforce development under section 96.19 96.1A , subsection 36 , 26 and in effect at the time of the injury. The minimum weekly 27 benefit amount is equal to the weekly benefit amount of a 28 person whose gross weekly earnings are thirty-five percent of 29 the statewide average weekly wage. The weekly compensation is 30 payable until the employee is no longer permanently and totally 31 disabled. 32 Sec. 80. Section 85.37, subsection 1, Code 2020, is amended 33 to read as follows: 34 1. If an employee receives a personal injury causing 35 -31- LSB 5939HC (1) 88 lh/ns 31/ 50
H.F. _____ temporary total disability, or causing a permanent partial 1 disability for which compensation is payable during a healing 2 period, compensation for the temporary total disability or for 3 the healing period shall be upon the basis provided in this 4 section . The weekly benefit amount payable to any employee 5 for any one week shall be upon the basis of eighty percent of 6 the employee’s weekly spendable earnings, but shall not exceed 7 an amount, rounded to the nearest dollar, equal to sixty-six 8 and two-thirds percent of the statewide average weekly wage 9 paid employees as determined by the department of workforce 10 development under section 96.19 96.1A , subsection 36 , and in 11 effect at the time of the injury. However, as of July 1, 12 1981, the maximum weekly benefit amount rounded to the nearest 13 dollar shall be increased so that it equals two hundred percent 14 of the statewide average weekly wage as determined in this 15 section . Total weekly compensation for any employee shall 16 not exceed eighty percent per week of the employee’s weekly 17 spendable earnings. The minimum weekly benefit amount shall 18 be equal to the weekly benefit amount of a person whose gross 19 weekly earnings are thirty-five percent of the statewide 20 average weekly wage, or to the spendable weekly earnings of the 21 employee, whichever are less. 22 Sec. 81. Section 85.59, subsection 3, paragraph d, Code 23 2020, is amended to read as follows: 24 d. If death results from the injury, death benefits shall 25 be awarded and paid to the dependents of the inmate as in 26 other workers’ compensation cases except that the weekly rate 27 shall be equal to sixty-six and two-thirds percent of the 28 state average weekly wage paid employees as determined by the 29 department of workforce development under section 96.19 96.1A , 30 subsection 36 , and in effect at the time of the injury. 31 Sec. 82. Section 93.1, subsections 1 and 2, Code 2020, are 32 amended to read as follows: 33 1. “Governmental entity” means the same as defined in 34 section 96.19 96.1A . 35 -32- LSB 5939HC (1) 88 lh/ns 32/ 50
H.F. _____ 2. “Indian tribe” means the same as defined in section 96.19 1 96.1A . 2 Sec. 83. Section 96.3, subsections 1 and 3, Code 2020, are 3 amended to read as follows: 4 1. Payment. Twenty-four months after the date when 5 contributions first accrue under this chapter , benefits shall 6 become payable from the fund; provided, that wages earned 7 for services defined in section 96.19 96.1A , subsection 8 18 , paragraph “g” , subparagraph (3), irrespective of when 9 performed, shall not be included for purposes of determining 10 eligibility, under section 96.4 or full-time weekly wages, 11 under subsection 4 of this section , for the purposes of 12 any benefit year, nor shall any benefits with respect to 13 unemployment be payable under subsection 5 of this section on 14 the basis of such wages. All benefits shall be paid through 15 employment offices in accordance with such regulations as the 16 department of workforce development may prescribe. 17 3. Partial unemployment. An individual who is partially 18 unemployed in any week as defined in section 96.19 96.1A , 19 subsection 38 , paragraph “b” , and who meets the conditions of 20 eligibility for benefits shall be paid with respect to that 21 week an amount equal to the individual’s weekly benefit amount 22 less that part of wages payable to the individual with respect 23 to that week in excess of one-fourth of the individual’s weekly 24 benefit amount. The benefits shall be rounded to the lower 25 multiple of one dollar. 26 Sec. 84. Section 96.4, subsections 1 and 3, Code 2020, are 27 amended to read as follows: 28 1. The individual has registered for work at and thereafter 29 has continued to report at an employment office in accordance 30 with such regulations as the department may prescribe. The 31 provisions of this subsection shall be waived if the individual 32 is deemed temporarily unemployed as defined in section 96.19 33 96.1A , subsection 38 , paragraph “c” . 34 3. The individual is able to work, is available for work, 35 -33- LSB 5939HC (1) 88 lh/ns 33/ 50
H.F. _____ and is earnestly and actively seeking work. This subsection is 1 waived if the individual is deemed partially unemployed, while 2 employed at the individual’s regular job, as defined in section 3 96.19 96.1A , subsection 38 , paragraph “b” , subparagraph (1), or 4 temporarily unemployed as defined in section 96.19, subsection 5 38 , paragraph “c” . The work search requirements of this 6 subsection and the disqualification requirement for failure 7 to apply for, or to accept suitable work of section 96.5, 8 subsection 3 , are waived if the individual is not disqualified 9 for benefits under section 96.5, subsection 1 , paragraph “h” . 10 Sec. 85. Section 96.4, subsection 4, paragraph b, 11 unnumbered paragraph 1, Code 2020, is amended to read as 12 follows: 13 For an individual who does not have sufficient wages 14 in the base period, as defined in section 96.19 96.1A , to 15 otherwise qualify for benefits pursuant to this subsection , 16 the individual’s base period shall be the last four completed 17 calendar quarters immediately preceding the first day of 18 the individual’s benefit year if such period qualifies the 19 individual for benefits under this subsection . 20 Sec. 86. Section 96.4, subsection 5, unnumbered paragraph 21 1, Code 2020, is amended to read as follows: 22 Benefits based on service in employment in a nonprofit 23 organization or government entity, defined in section 96.19 24 96.1A , subsection 18 , are payable in the same amount, on the 25 same terms and subject to the same conditions as compensation 26 payable on the same basis of other service subject to this 27 chapter , except that: 28 Sec. 87. Section 96.5, subsection 7, paragraphs a, b, and d, 29 Code 2020, are amended to read as follows: 30 a. When an employer makes a payment or becomes obligated 31 to make a payment to an individual for vacation pay, or for 32 vacation pay allowance, or as pay in lieu of vacation, such 33 payment or amount shall be deemed “wages” as defined in section 34 96.19 96.1A , subsection 41 , and shall be applied as provided 35 -34- LSB 5939HC (1) 88 lh/ns 34/ 50
H.F. _____ in paragraph “c” hereof. 1 b. When, in connection with a separation or layoff of 2 an individual, the individual’s employer makes a payment or 3 payments to the individual, or becomes obligated to make a 4 payment to the individual as, or in the nature of, vacation 5 pay, or vacation pay allowance, or as pay in lieu of vacation. 6 The amount of a payment or obligation to make payment, is 7 deemed “wages” as defined in section 96.19 96.1A , subsection 8 41 , and shall be applied as provided in paragraph “c” of this 9 subsection 7 . 10 d. Notwithstanding contrary provisions in paragraphs “a” , 11 “b” , and “c” , if an individual is separated from employment and 12 is scheduled to receive vacation payments during the period of 13 unemployment attributable to the employer, then payments made 14 by the employer to the individual or an obligation to make a 15 payment by the employer to the individual for vacation pay, 16 vacation pay allowance or pay in lieu of vacation shall not be 17 deemed wages as defined in section 96.19 96.1A , subsection 41 , 18 for any period in excess of five workdays and such payments or 19 the value of such obligations shall not be deducted for any 20 period in excess of one week from the unemployment benefits the 21 individual is otherwise entitled to receive under this chapter . 22 Sec. 88. Section 96.7, subsection 2, paragraph b, 23 subparagraph (1), Code 2020, is amended to read as follows: 24 (1) If an organization, trade, or business, or a clearly 25 segregable and identifiable part of an organization, trade, or 26 business, for which contributions have been paid is sold or 27 transferred to a subsequent employing unit, or if one or more 28 employing units have been reorganized or merged into a single 29 employing unit, and the successor employer, having qualified 30 as an employer as defined in section 96.19 96.1A , subsection 31 16 , paragraph “b” , continues to operate the organization, 32 trade, or business, the successor employer shall assume the 33 position of the predecessor employer or employers with respect 34 to the predecessors’ payrolls, contributions, accounts, and 35 -35- LSB 5939HC (1) 88 lh/ns 35/ 50
H.F. _____ contribution rates to the same extent as if no change had 1 taken place in the ownership or control of the organization, 2 trade, or business. However, the successor employer shall not 3 assume the position of the predecessor employer or employers 4 with respect to the predecessor employer’s or employers’ 5 payrolls, contributions, accounts, and contribution rates which 6 are attributable to that part of the organization, trade, or 7 business transferred, unless the successor employer applies to 8 the department within ninety days from the date of the partial 9 transfer, and the succession is approved by the predecessor 10 employer or employers and the department. 11 Sec. 89. Section 96.8, subsection 2, Code 2020, is amended 12 to read as follows: 13 2. Voluntary termination. Except as otherwise provided 14 in subsection 3 of this section , an employing unit ceases 15 to be an employer subject to this chapter , as of the first 16 day of January of any year, if it files with the department, 17 prior to the fifteenth day of February of that year, a 18 written application for termination of coverage, and the 19 department finds that the employing unit did not meet any of 20 the qualifying liability requirements as provided under section 21 96.19 96.1A , subsection 16 , in the preceding calendar year. 22 Sec. 90. Section 96.23, subsection 1, unnumbered paragraph 23 1, Code 2020, is amended to read as follows: 24 The department shall exclude three or more calendar quarters 25 from an individual’s base period, as defined in section 96.19 26 96.1A , subsection 3 , if the individual received workers’ 27 compensation benefits for temporary total disability or during 28 a healing period under section 85.33 , section 85.34, subsection 29 1 , or section 85A.17 or indemnity insurance benefits during 30 those three or more calendar quarters, if one of the following 31 conditions applies to the individual’s base period: 32 Sec. 91. Section 96.40, subsection 10, Code 2020, is amended 33 to read as follows: 34 10. An individual who has received all of the shared 35 -36- LSB 5939HC (1) 88 lh/ns 36/ 50
H.F. _____ work benefits and regular unemployment compensation benefits 1 available in a benefit year shall be considered an exhaustee, 2 as defined in section 96.19 96.1A , subsection 20 , for purposes 3 of the extended benefit program administered pursuant to 4 section 96.29 . 5 Sec. 92. Section 422.11A, Code 2020, is amended to read as 6 follows: 7 422.11A New jobs tax credit. 8 The taxes imposed under this division , less the credits 9 allowed under section 422.12 , shall be reduced by a new jobs 10 tax credit. An industry which has entered into an agreement 11 under chapter 260E and which has increased its base employment 12 level by at least ten percent within the time set in the 13 agreement or, in the case of an industry without a base 14 employment level, adds new jobs within the time set in the 15 agreement is entitled to this new jobs tax credit for the tax 16 year selected by the industry. In determining if the industry 17 has increased its base employment level by ten percent or added 18 new jobs, only those new jobs directly resulting from the 19 project covered by the agreement and those directly related to 20 those new jobs shall be counted. The amount of this credit 21 is equal to the product of six percent of the taxable wages 22 upon which an employer is required to contribute to the state 23 unemployment compensation fund, as defined in section 96.19 24 96.1A , subsection 37 , times the number of new jobs existing 25 in the tax year that directly result from the project covered 26 by the agreement or new jobs that directly result from those 27 new jobs. The tax year chosen by the industry shall either 28 begin or end during the period beginning with the date of the 29 agreement and ending with the date by which the project is to 30 be completed under the agreement. An individual may claim 31 the new jobs tax credit allowed a partnership, subchapter S 32 corporation, or estate or trust electing to have the income 33 taxed directly to the individual. The amount claimed by 34 the individual shall be based upon the pro rata share of 35 -37- LSB 5939HC (1) 88 lh/ns 37/ 50
H.F. _____ the individual’s earnings of the partnership, subchapter S 1 corporation, or estate or trust. Any credit in excess of the 2 tax liability for the tax year may be credited to the tax 3 liability for the following ten tax years or until depleted, 4 whichever is the earlier. For purposes of this section , 5 “agreement” , “industry” , “new job” , and “project” mean the same 6 as defined in section 260E.2 and “base employment level” means 7 the number of full-time jobs an industry employs at the plant 8 site which is covered by an agreement under chapter 260E on the 9 date of that agreement. 10 Sec. 93. Section 422.33, subsection 6, Code 2020, is amended 11 to read as follows: 12 6. The taxes imposed under this division shall be reduced 13 by a new jobs tax credit. An industry which has entered into 14 an agreement under chapter 260E and which has increased its 15 base employment level by at least ten percent within the time 16 set in the agreement or, in the case of an industry without 17 a base employment level, adds new jobs within the time set 18 in the agreement is entitled to this new jobs tax credit for 19 the tax year selected by the industry. In determining if the 20 industry has increased its base employment level by ten percent 21 or added new jobs, only those new jobs directly resulting from 22 the project covered by the agreement and those directly related 23 to those new jobs shall be counted. The amount of this credit 24 is equal to the product of six percent of the taxable wages 25 upon which an employer is required to contribute to the state 26 unemployment compensation fund, as defined in section 96.19 27 96.1A , subsection 37 , times the number of new jobs existing 28 in the tax year that directly result from the project covered 29 by the agreement or new jobs that directly result from those 30 new jobs. The tax year chosen by the industry shall either 31 begin or end during the period beginning with the date of the 32 agreement and ending with the date by which the project is to 33 be completed under the agreement. Any credit in excess of 34 the tax liability for the tax year may be credited to the tax 35 -38- LSB 5939HC (1) 88 lh/ns 38/ 50
H.F. _____ liability for the following ten tax years or until depleted 1 in less than the ten years. For purposes of this section , 2 “agreement” , “industry” , “new job” and “project” mean the same as 3 defined in section 260E.2 and “base employment level” means the 4 number of full-time jobs an industry employs at the plant site 5 which is covered by an agreement under chapter 260E on the date 6 of that agreement. 7 DIVISION III 8 CODE EDITOR DIRECTIVES 9 Sec. 94. CODE EDITOR DIRECTIVES. 10 1. Sections 257.11, subsection 3, paragraph “c”, 11 subparagraph (1); 272.2, subsection 22; 279.50A, subsection 1, 12 paragraph “a”; 284.17, subsection 3; and 915.80, subsection 13 8, Code 2020, are amended by striking the words “good-faith 14 effort” and inserting in lieu thereof the words “good faith 15 effort”. 16 2. a. The Code editor is directed to number unnumbered 17 chapter headings in chapter 12. 18 b. The Code editor shall correct internal references in the 19 Code and in any enacted legislation as necessary due to the 20 enactment of this section. 21 3. The Code editor may change chapter division designations 22 to subchapter designations and correct internal references as 23 necessary in and to the following chapters: 24 a. 232. 25 b. 422. 26 4. Sections 232.12, 232.39, 232.41, 232.67, 232.88, 27 232.92, 232.94, 232.107, 232.115, 232.168, 232.175, 232.180, 28 422.1, 422.2, 422.4, 422.5, 422.10B, 422.11, 422.11A, 422.11C, 29 422.11D, 422.11E, 422.11F, 422.11H, 422.11J, 422.11Q, 422.11R, 30 422.11V, 422.11Z, 422.22, 422.27, 422.31, 422.38, 422.39, 31 422.40, 422.41, 422.66, 422.74, 422.85, 422.110, and 422D.2, 32 Code 2020, are amended by striking the word “division” and 33 inserting in lieu thereof the word “subchapter”. 34 5. Sections 15.319, subsection 2; 15.333, subsection 35 -39- LSB 5939HC (1) 88 lh/ns 39/ 50
H.F. _____ 2; 16.82, subsection 1; 29C.24, subsection 3, paragraph 1 “b”, subparagraph (2); 35A.13, subsection 2, paragraph “b”; 2 100B.13, subsection 2, paragraph “a”; 135L.3, subsection 3 3, paragraph “m”, subparagraph (4); 232.2, subsection 11, 4 paragraph “a”; 232.11, subsection 1, unnumbered paragraph 5 1; 232.38, subsection 1; 232.42, subsection 2; 232.52, 6 subsection 9; 232.55, subsection 1; 232.55, subsection 2, 7 paragraph “a”; 232.57, subsections 1 and 3; 232.58, subsection 8 1, unnumbered paragraph 1; 232.68, unnumbered paragraph 1; 9 232.72, subsection 1; 232.87, subsection 5; 232.90, subsections 10 2 and 4; 232.91, subsections 1 and 2; 232.96, subsection 11 6; 232.99, subsection 4; 232.101A, subsection 1, paragraph 12 “b”; 232.102, subsection 10, paragraph “a”, unnumbered 13 paragraph 1; 232.108, subsection 1; 232.112, subsection 1; 14 232.114, subsections 2 and 4; 232.117, subsection 9; 232.127, 15 subsection 2; 232.182, subsection 2; 235A.2, subsection 16 1; 235A.13, unnumbered paragraph 1; 257.21, subsection 2; 17 422.6, subsection 1; 422.7, subsection 36; 422.8, subsection 18 4; 422.10, subsection 1, unnumbered paragraph 1; 422.10, 19 subsection 4; 422.11L, subsection 1, unnumbered paragraph 20 1; 422.11N, subsection 3, unnumbered paragraph 1; 422.11O, 21 subsection 2, unnumbered paragraph 1; 422.11P, subsection 22 3, unnumbered paragraph 1; 422.11S, subsection 1; 422.11W, 23 subsection 1; 422.11Y, subsection 3, unnumbered paragraph 24 1; 422.12, subsection 2, unnumbered paragraph 1; 422.12A, 25 subsection 2; 422.12B, subsection 1, paragraph “a”, unnumbered 26 paragraph 1; 422.12C, subsection 1, unnumbered paragraph 1; 27 422.12C, subsection 2, paragraph “a”; 422.12N, subsection 28 1; 422.13, subsection 1, paragraphs “a” and “b”; 422.13, 29 subsection 2; 422.13, subsection 5, paragraph “c”; 422.14, 30 subsections 1 and 3; 422.25, subsections 5, 6, and 8; 422.32, 31 subsection 1, unnumbered paragraph 1; 422.32, subsection 1, 32 paragraph “k”; 422.32, subsection 2; 422.33, subsection 4, 33 paragraph “a”; 422.33, subsection 5, paragraph “a”, unnumbered 34 paragraph 1; 422.33, subsections 6 and 8; 422.33, subsection 35 -40- LSB 5939HC (1) 88 lh/ns 40/ 50
H.F. _____ 9, paragraph “a”; 422.33, subsection 10; 422.33, subsection 1 11A, unnumbered paragraph 1; 422.33, subsection 11B, unnumbered 2 paragraph 1; 422.33, subsection 11C, unnumbered paragraph 3 1; 422.33, subsection 11D, unnumbered paragraph 1; 422.33, 4 subsections 12, 13, 14, 15, 19, 20, 21, and 22; 422.33, 5 subsection 25, paragraph “a”; 422.33, subsections 26 and 28; 6 422.33, subsection 29, paragraph “a”; 422.33, subsection 30; 7 422.34, unnumbered paragraph 1; 422.34, subsection 2, paragraph 8 “b”; 422.34A, unnumbered paragraph 1; 422.35, subsection 18; 9 422.36, subsection 2; 422.60, subsection 2, paragraph “a”; 10 422.60, subsections 4, 5, 6, 7, 8, 9, 10, and 11; 422.60, 11 subsection 12, paragraph “a”; 422.60, subsection 13; 422.61, 12 unnumbered paragraph 1; 422.61, subsection 3, paragraph “b”; 13 422.61, subsection 5; 422.73, subsection 1; 422D.3, subsection 14 3; 428A.8, subsection 1, paragraph “c”; 452A.17, subsection 15 2; 476B.6, subsection 5, paragraphs “a”, “b”, “c”, and “d”; 16 476C.4, subsection 4, paragraphs “a”, “b”, “c”, and “d”; 17 483A.1A, subsection 10, paragraph “e”; and 600A.5, subsection 18 2, Code 2020, are amended by striking the word “division” and 19 inserting in lieu thereof the word “subchapter”. 20 6. Sections 28A.24, 190B.103, and 476B.2, Code 2020, are 21 amended by striking the word “divisions” and inserting in lieu 22 thereof the word “subchapters”. 23 7. Section 15.293A, subsection 1, paragraph “a”; 15.293A, 24 subsection 2, paragraphs “c” and “f”; 15.319, subsection 6, 25 paragraph “c”; 15.355, subsection 3, paragraph “b”; 15.355, 26 subsection 3, paragraph “e”, subparagraphs (3) and (6); 15E.43, 27 subsection 1, paragraphs “a” and “d”; 15E.44, subsection 4; 28 15E.52, subsection 2, paragraph “a”; 15E.52, subsection 13; 29 15E.62, subsection 8; 15E.305, subsection 1; 16.64, subsection 30 2; 16.82A, subsection 3, paragraph “c”; 29C.24, subsection 3, 31 paragraph “a”, subparagraph (3); 404A.2, subsection 2; 404A.2, 32 subsection 3, paragraph “c”; 404A.2, subsection 5, paragraph 33 “c”; 422.16, subsection 5; 476B.7, subsection 2; and 476C.6, 34 subsection 1, paragraph “b”, Code 2020, are amended by striking 35 -41- LSB 5939HC (1) 88 lh/ns 41/ 50
H.F. _____ the word “divisions” and inserting in lieu thereof the word 1 “subchapters”. 2 8. a. The Code editor is directed to make the following 3 transfers: 4 (1) Section 96.1A to section 96.1B. 5 (2) Section 96.19 to section 96.1A. 6 b. The Code editor shall correct internal references in the 7 Code and in any enacted legislation as necessary due to the 8 enactment of this section. 9 9. The Code editor may number unnumbered paragraphs within 10 sections 1C.9, 6B.45, 8E.208, 9G.6, 21.3, 24.17, 25B.6, 55.3, 11 55.4, 69.13, 85A.12, 85A.19, 142.4, 142.8, 154C.7, 158.6, 12 173.6, 173.16, 182.3, 182.7, 216A.99, 225C.41, 303.51, 307.11, 13 307.44, 307.48, 311.6, 311.15, 311.16, 311.19, 311.23, 311.26, 14 330.21, 330.23, 335.30A, 357.7, 357.14, 357.28, 357.29, 357.34, 15 359.23, 372.12, 422.111, 428.20, 434.15, 458A.21, 543C.8, 16 554.12206, 599.1, and 633.13, Code 2020, in accordance with 17 established section hierarchy and correct internal references 18 in the Code and in any enacted Iowa Acts, as necessary. 19 EXPLANATION 20 The inclusion of this explanation does not constitute agreement with 21 the explanation’s substance by the members of the general assembly. 22 This bill makes Code changes and corrections that are 23 considered to be nonsubstantive and noncontroversial, in 24 addition to style changes. Changes made include updating or 25 correcting names of public programs and entities, corrections 26 to citations to federal Acts, corrections to terminology, 27 spelling, format, capitalization, punctuation, and grammar, 28 as well as numbering, renumbering, and reorganizing various 29 provisions to eliminate unnumbered paragraphs and to 30 facilitate citation. The Code sections in which the technical, 31 grammatical, and other nonsubstantive changes are made include 32 the following: 33 Division I: 34 Sections 12.82, 12.89, and 12.89A: Adds a reference to 35 -42- LSB 5939HC (1) 88 lh/ns 42/ 50
H.F. _____ the statute in which the rebuild Iowa infrastructure fund is 1 established in these provisions describing the transfer of 2 certain surplus, unencumbered bonding revenue to that fund to 3 facilitate hypertext linkage. 4 Sections 15.101 and 15E.362: Changes references to the 5 “Iowa innovation corporation” to the “bioscience development 6 corporation” to reflect changes made to the name of that 7 corporation in Code section 15.106B by 2019 Iowa Acts, chapter 8 139. 9 Section 15E.71: Changes “money” to “moneys” in this 10 provision describing certain actions taken by the executive 11 council to conform to current Code style. 12 Sections 15H.3, 15H.5, 15H.6, 15H.7, 15H.8, and 15H.9: 13 Strikes the words “Iowa” and “on volunteer services” before and 14 after the word “commission” in these provisions relating to the 15 work of the Iowa volunteer service commission to reflect the 16 addition of the term “commission”, defined as meaning the Iowa 17 commission on volunteer service, to the definitions section for 18 Code chapter 15H by 2018 Iowa Acts, chapter 1067. 19 Section 16.82A: Makes grammatical changes to reflect the 20 voice and tense used elsewhere in this provision relating to 21 tax credit awards by the economic development authority to 22 beginning farmers and other eligible taxpayers. 23 Section 29A.47: Adds a terminal comma to a series, strikes 24 an unneeded comma, and replaces “said” with “the” in this 25 provision relating to the operations of a military district 26 under martial law. 27 Section 29B.35: Deletes an unneeded comma after 28 “corrections” to improve the readability of this provision 29 regarding corrections to charges in a military court-martial. 30 Section 43.77: Removes an “and” and adds a comma to correct 31 a series in this provision describing the circumstances under 32 which a vacancy exists on a general election ballot. 33 Section 43.101: Adds a terminal comma to a series in this 34 provision describing the election of county central committee 35 -43- LSB 5939HC (1) 88 lh/ns 43/ 50
H.F. _____ officers. 1 Section 45.1: Supplies a missing “of” in language 2 describing the signature requirements for nominations for 3 candidates for city offices to conform to similar language 4 elsewhere in this Code section. 5 Section 52.2: Adds a numeric citation for a federal Act 6 referenced by name only in this provision regarding optical 7 scan voting system requirements to facilitate access to the 8 federal Act provisions. 9 Section 80.15: Divides this long section at points in which 10 there appear to be changes in subject matter and numbers the 11 resultant unnumbered paragraphs to improve the readability of 12 this provision relating to appointment of applicants as peace 13 officers. 14 Section 85.42: Supplies a missing “the” and changes the word 15 “such” to “the” to update language in this provision relating 16 to determinations of dependency of a surviving spouse of a 17 deceased employee under workers’ compensation. 18 Section 96.19: Adds a numeric citation for a federal Act 19 referenced by name only in a definition of the term “Indian 20 tribe” to facilitate review of the federal provisions in the 21 Code chapter governing unemployment compensation. 22 Section 124.409: Replaces the word “it” with “the court”, 23 divides language at subject matter breaks, and numbers the 24 resultant unnumbered paragraphs in this provision regarding 25 medical treatment and rehabilitative services for persons 26 charged with certain controlled substances violations. 27 Section 135B.5: Strikes an unnecessary comma from language 28 relating to preservation of rights and adds a terminal comma to 29 a series in this provision relating to licensure of hospitals. 30 Section 144F.1: Conforms noun-verb agreement in a 31 definition of “aftercare assistance” in the Code chapter 32 relating to patient care after discharge from inpatient 33 hospital care. 34 Section 217.6: Reformats a series describing the 35 -44- LSB 5939HC (1) 88 lh/ns 44/ 50
H.F. _____ organizational subunits of the department of human services 1 as an alphanumeric list, adds a terminal comma to a series, 2 and supplies a missing “an” to improve the readability of the 3 provision. 4 Section 217.43: Reformats a complex series describing the 5 requirements that pertain to the appointment of human services 6 field service area advisory board members by county boards of 7 supervisors as an alphanumeric list and replaces “the” with 8 “all of the” to improve readability. 9 Section 218.2: Replaces the word “of” with the preposition 10 “for” to improve the grammar of this provision describing the 11 reporting responsibilities of administrators of human services 12 institutions. 13 Sections 232.2, 232.11, 232.48, 232.89, 232.109, and 14 232.147: Changes the word “division” to “subchapter” and 15 strikes the words “of this chapter” in these provisions within 16 the Code chapter pertaining to juvenile justice, to conform to 17 the directive in division III of the bill to change the Code 18 chapter subunits within the Code chapter from “division” to 19 “subchapter”. In Code section 232.11, the word “Iowa” is also 20 stricken to conform to other general references to the Code. 21 Section 232.37: Corrects punctuation and grammar in several 22 series and changes the word “division” to “subchapter”, to 23 conform to the directive in division III of the bill to rename 24 the Code chapter subunits, in this provision relating to the 25 commencement of juvenile delinquency proceedings. 26 Section 232.103: Adds a terminal comma to a series in this 27 provision relating to the persons authorized to file a motion 28 to terminate, modify, or vacate and substitute a dispositional 29 order in juvenile court proceedings. 30 Section 256.11: Adds a numeric citation to a reference by 31 name only to the federal Fair Debt Collection Practices Act to 32 facilitate review of the federal provision in this provision 33 relating to high school student instructional requirements 34 under state educational standards. 35 -45- LSB 5939HC (1) 88 lh/ns 45/ 50
H.F. _____ Section 257.39: Alphabetizes and deletes unneeded commas in 1 definitions applicable to provisions establishing the funding 2 mechanisms for educational programs for students at risk of 3 dropping out of school. 4 Section 261E.8: Adds commas after two subparagraph 5 references to set off clauses and conform to current style 6 in this provision relating to district-to-community college 7 sharing or concurrent enrollment programs. 8 Section 272.15: Eliminates a reference to repealed Code 9 section 279.17 within a string citation in this provision 10 relating to reporting of disciplinary actions taken by school 11 district or area education agency officials. 12 Section 279.11: Changes the word “children” to “siblings” 13 to conform terminology used within this provision relating 14 to requests by parents or guardians for elementary school 15 classroom placement of children who are siblings and are at the 16 same academic grade level. 17 Section 307.13: Combines two unnumbered paragraphs into a 18 single paragraph and adds a comma to set off a clause in this 19 provision relating to reassignment of personnel within the 20 department of transportation. 21 Section 321.208: Adds Code section references to crimes 22 referenced by name only to facilitate hypertext linkage in this 23 provision disqualifying persons convicted of those enumerated 24 criminal offenses from operating a commercial motor vehicle. 25 Section 322G.12: Numbers unnumbered paragraphs to 26 facilitate citation and corrects internal references in this 27 provision regarding the resale of rebuilt or salvage motor 28 vehicles. 29 Section 330.13: Numbers unnumbered paragraphs to facilitate 30 citation and corrects internal references in this provision 31 regarding the acceptance of federal aid by governmental 32 subdivisions for airports and other navigation facilities. 33 Section 335.30: Numbers unnumbered paragraphs to facilitate 34 citation and correct an internal reference in this provision 35 -46- LSB 5939HC (1) 88 lh/ns 46/ 50
H.F. _____ regulating the adoption or enforcement of zoning and other 1 ordinances relating to manufactured or modular homes. 2 Section 352.4: Adds terminal commas to several series in 3 provisions describing the types of properties to be included in 4 county land use inventories of unincorporated areas within each 5 county. 6 Section 357.17: Numbers unnumbered paragraphs to facilitate 7 citation and updates language to current style in this 8 provision describing work and bond requirements for contractors 9 awarded contracts for improvements in benefited water 10 districts. 11 Section 359.14: Divides the language of this Code section 12 relating to petitions for a township name change and numbers 13 the resulting paragraphs to improve readability. 14 Sections 411.23 and 515G.3: Corrects the spelling of 15 the word “de minimis” in a provision relating to refunds of 16 retirement contributions under the retirement system for police 17 officers and fire fighters and in a provision relating to 18 exchanges of rights of policyholders in a mutual insurer which 19 converts to a stock company. 20 Section 425.8: Adds the word “a” to language relating to the 21 manner of making a designation of homestead for tax purposes 22 to conform this provision to similar language found in Code 23 section 425.2. 24 Section 456A.28: Conforms the style used for a citation to 25 a federal Act, in this provision relating to the establishment 26 of fish restoration projects pursuant to that Act, to the style 27 used elsewhere in the Code for this type of federal citation. 28 Section 461A.1: Adds a Code section reference to a 29 definition of the term “commission” to facilitate hypertext 30 linkage to the Code section in which the natural resource 31 commission is established. 32 Section 462A.5: Deletes unnecessary commas from language 33 relating to the circumstances under which registration of 34 vessels must be modified. 35 -47- LSB 5939HC (1) 88 lh/ns 47/ 50
H.F. _____ Section 462A.12: Strikes the word “conservation”, which 1 appears before the word “commission” in the provision relating 2 to the operating of a vessel while displaying blue or flashing 3 blue lights, to reflect the renaming of the state conservation 4 commission as the natural resources commission by 1986 Iowa 5 Acts, chapter 1245. 6 Section 515I.4A: Adds a comma after the word “insured” 7 to set off a clause in this provision regarding requirements 8 relating to the issuance of policies or contracts by domestic 9 surplus lines insurers in this state. 10 Section 521I.11: Adds a citation to Code chapter 554 after a 11 reference to the uniform commercial code by name to facilitate 12 hypertext linkage in this provision relating to the effective 13 date of an allocation from a dividing insurer to a resulting 14 insurer of capital, surplus, or other assets covered by a 15 financing statement. 16 Section 523C.9: Updates language to reflect current Code 17 style in this provision relating to suspension or revocation 18 of service company licenses for negligent or incompetently 19 performed services under company service contracts. 20 Section 554.2402: Conforms the spelling of the word 21 “preexisting” to the spelling used elsewhere in the Code in 22 this provision relating to the rights of a seller’s creditors 23 against goods that have been sold. 24 Section 573.14: Numbers unnumbered paragraphs to facilitate 25 citation and corrects internal references in this provision 26 relating to retention of unpaid funds by a public corporation 27 for work done pursuant to a contract for the construction of a 28 public improvement. 29 Section 602.10134: Updates the style of language used in a 30 provision describing judicial procedure after an accused either 31 pleads guilty or fails to answer in a proceeding to suspend or 32 remove an attorney from the practice of law. 33 Section 624.1: Divides an existing unnumbered paragraph 34 into two and numbers the resulting three paragraphs in this 35 -48- LSB 5939HC (1) 88 lh/ns 48/ 50
H.F. _____ provision relating to the manner of taking evidence in ordinary 1 court actions. 2 Section 633.402: Corrects a part self-reference and adds 3 a terminal comma to a series in this Code section pertaining 4 to the sale of real property by a personal representative of 5 a decedent as part of the administration of the decedent’s 6 estate. 7 Section 633.551: Conforms the style of a reference to the 8 Iowa rules of civil procedure in this provision relating to 9 adult guardianship or conservatorship proceedings to other 10 similar references in the Code. 11 Section 633.558: Removes an incorrect self-reference to 12 this provision enumerating the contents of the notice given to 13 persons regarding the filing of a petition for a guardianship 14 or conservatorship for an adult. 15 Section 633.563: Supplies a missing indefinite article in 16 this provision relating to the circumstances under which a 17 professional evaluation of a respondent under a petition for 18 a guardianship of an adult or a conservatorship for adult or 19 minor person. 20 Section 633.634: Makes grammatical changes and divides 21 a long sentence to improve the readability of this provision 22 relating to the combination of petitions for the appointment 23 of a guardian or conservator. 24 Sections 712.2, 712.3, and 712.4: Numbers unnumbered 25 paragraphs in Code section 712.2, defining the crime of arson 26 in the first degree, and divides paragraphs and numbers the 27 resulting unnumbered paragraphs in provisions defining arson in 28 the second and third degree to match the style of Code section 29 712.2. 30 2019 Iowa Acts, chapter 135: Corrects the language of an Act 31 to conform the name used to describe the national guard service 32 scholarship program within that Act. The change takes effect 33 upon enactment and is retroactively applicable to July 1, 2019. 34 Division II: 35 -49- LSB 5939HC (1) 88 lh/ns 49/ 50
H.F. _____ This division contains corrections to references based on 1 the transfers of Code sections 96.1A and 96.19 to Code sections 2 96.1B and 96.1A in division III of the bill. 3 Division III: 4 This division contains a Code editor directive to change the 5 term “good-faith effort” to “good faith effort” to conform the 6 hyphenation of the term in the enumerated Code sections to the 7 hyphenation of the term elsewhere in the Code. 8 The division permits the Code editor to number what are 9 currently unnumbered Code chapter subunit headings in Code 10 chapter 12. 11 The division contains Code editor directives to change the 12 Code chapter division designations to subchapter designations 13 in Code chapters 232 and 422 and to change the word “division” 14 to “subchapter” in various enumerated Code sections and Code 15 section subunits in the Code. 16 The division directs the Code editor to transfer Code 17 section 96.1A to become Code section 96.1B, to transfer Code 18 section 96.19 to become Code section 96.1A, and to correct 19 internal references in the Code and in any enacted legislation 20 as necessary due to the transfers. 21 The division also requires the Code editor to number the 22 unnumbered paragraphs in various enumerated provisions in 23 accordance with established Code section hierarchy and to 24 correct internal references as necessary. 25 -50- LSB 5939HC (1) 88 lh/ns 50/ 50