House File 2492 - Introduced HOUSE FILE 2492 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO HSB 715) (COMPANION TO LSB 5763SV BY COMMITTEE ON JUDICIARY) A BILL FOR An Act relating to statutory corrections which may adjust 1 language to reflect current practices, insert earlier 2 omissions, delete redundancies and inaccuracies, delete 3 temporary language, resolve inconsistencies and conflicts, 4 update ongoing provisions, or remove ambiguities, and 5 including retroactive applicability provisions. 6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 7 TLSB 5763HV (1) 89 lh/ns
H.F. 2492 DIVISION I 1 MISCELLANEOUS CHANGES 2 Section 1. Section 8B.11, subsection 5, paragraph b, Code 3 2022, is amended to read as follows: 4 b. Fifty percent of a communications service provider’s 5 project costs for projects that will result in the installation 6 of broadband infrastructure in a targeted service area within 7 which no communications service provider offers or facilitates 8 broadband service that provides download and upload speeds 9 less than or equal to the tier 2 download and upload speeds 10 specified in the definition of targeted service area in section 11 8B.1 . 12 Sec. 2. Section 9.14, subsection 2, Code 2022, is amended 13 to read as follows: 14 2. If the secretary reports the approval of a proposed 15 filing of the document, the secretary shall return the proposed 16 filing’s document stamped with the approval date. If an 17 inaccuracy or defect was present in an approved proposed filing 18 of a document, but that inaccuracy or defect prevents the 19 actual filing of the document by the secretary, the filer may 20 timely submit a corrected document. The corrected document 21 is effective retroactively as of the effective date that the 22 actual filing of the document was filer submitted the approved 23 proposed filing to the secretary for actual filing . 24 Sec. 3. Section 12.30, subsection 5, Code 2022, is amended 25 by striking the subsection. 26 Sec. 4. Section 12I.3, unnumbered paragraph 1, Code 2022, 27 is amended to read as follows: 28 On or after July 1, 2016, the The trust may enter into 29 participation agreements pursuant to the following terms and 30 agreements: 31 Sec. 5. Section 15.331C, subsections 1 and 2, Code 2022, are 32 amended to read as follows: 33 1. An eligible business may claim a tax credit in an 34 amount equal to the sales and use taxes paid by a third-party 35 -1- LSB 5763HV (1) 89 lh/ns 1/ 106
H.F. 2492 developer under chapter 423 for gas, electricity, water, or 1 sewer utility services, goods, wares, or merchandise tangible 2 personal property , or on services rendered, furnished, or 3 performed to or for a contractor or subcontractor and used 4 in the fulfillment of a written contract relating to the 5 construction or equipping of a facility of the eligible 6 business. Taxes attributable to intangible property and 7 furniture and furnishings shall not be included, but taxes 8 attributable to racks, shelving, and conveyor equipment to be 9 used in a warehouse or distribution center shall be included. 10 Any credit in excess of the tax liability for the tax year 11 may be credited to the tax liability for the following seven 12 years or until depleted, whichever occurs earlier. An eligible 13 business may elect to receive a refund of all or a portion of an 14 unused tax credit. 15 2. A third-party developer shall state under oath, on forms 16 provided by the department of revenue, the amount of taxes paid 17 as described in subsection 1 and shall submit such forms to 18 the department of revenue. The taxes paid shall be itemized 19 to allow identification of the taxes attributable to racks, 20 shelving, and conveyor equipment to be used in a warehouse 21 or distribution center. After receiving the form from the 22 third-party developer, the department of revenue shall issue 23 a tax credit certificate to the eligible business equal to 24 the sales and use taxes paid by a third-party developer under 25 chapter 423 for gas, electricity, water, or sewer utility 26 services, goods, wares, or merchandise tangible personal 27 property , or on services rendered, furnished, or performed 28 to or for a contractor or subcontractor and used in the 29 fulfillment of a written contract relating to the construction 30 or equipping of a facility. The department of revenue 31 shall also issue a tax credit certificate to the eligible 32 business equal to the taxes paid and attributable to racks, 33 shelving, and conveyor equipment to be used in a warehouse 34 or distribution center. The aggregate combined total amount 35 -2- LSB 5763HV (1) 89 lh/ns 2/ 106
H.F. 2492 of tax refunds under section 15.331A for taxes attributable 1 to racks, shelving, and conveyor equipment to be used in a 2 warehouse or distribution center and of tax credit certificates 3 issued by the department of revenue for the taxes paid and 4 attributable to racks, shelving, and conveyor equipment 5 to be used in a warehouse or distribution center shall not 6 exceed five hundred thousand dollars in a fiscal year. If 7 an applicant for a tax credit certificate does not receive 8 a certificate for the taxes paid and attributable to racks, 9 shelving, and conveyor equipment to be used in a warehouse 10 or distribution center, the application shall be considered 11 in succeeding fiscal years. The eligible business shall not 12 claim a tax credit under this section unless a tax credit 13 certificate issued by the department of revenue is included 14 with the taxpayer’s tax return for the tax year for which the 15 tax credit is claimed. A tax credit certificate shall contain 16 the eligible business’s name, address, tax identification 17 number, the amount of the tax credit, and other information 18 deemed necessary by the department of revenue. 19 Sec. 6. Section 15E.71, Code 2022, is amended to read as 20 follows: 21 15E.71 Executive council action. 22 Notwithstanding section 7D.29, subsection 1 , the executive 23 council in full consultation with the attorney general, 24 and with the agreement of the attorney general, shall take 25 any action deemed necessary to protect the interests of the 26 state with respect to any certificates, tax credits, entities 27 created, or action taken in relation to this subchapter . Such 28 actions may include but are not limited to initiation of legal 29 action, commencement of special investigations, institution 30 of special audits of any involved entity, or establishment of 31 receiverships. If such action is taken, the council may incur 32 the necessary expense to perform such a duty or cause such 33 a duty to be performed, and pay the same expense out of any 34 moneys in the state treasury not otherwise appropriated. 35 -3- LSB 5763HV (1) 89 lh/ns 3/ 106
H.F. 2492 Sec. 7. Section 15E.370, subsection 6, unnumbered paragraph 1 1, Code 2022, is amended to read as follows: 2 Applications shall be accepted during one or more annual 3 application periods to be determined by the authority by 4 rule. Upon reviewing and scoring all applications that are 5 received during an application period, and subject to funding 6 availability , the authority may, in consultation with the 7 department, award financial assistance to eligible businesses. 8 A financial assistance award shall not exceed the amount of 9 eligible project costs included in the eligible business’s 10 application. Priority shall be given to eligible businesses 11 whose proposed project projects under subsection 3 will do any 12 of the following: 13 Sec. 8. Section 17A.8, subsections 2 and 8, Code 2022, are 14 amended to read as follows: 15 2. A committee member shall be appointed as of the 16 convening of a regular session convened in an odd-numbered 17 year. The term of office for a member of from the house of 18 representatives shall end upon the convening of the general 19 assembly following the appointment. The term of office for 20 a member of from the senate shall end upon the convening of 21 the general assembly after the general assembly following 22 appointment. However, a member shall serve until a successor 23 is appointed. A vacancy on the committee shall be filled 24 by the original appointing authority for the remainder of 25 the term. A vacancy shall exist whenever a committee member 26 ceases to be a member of the house from which the member was 27 appointed. 28 8. If the committee finds objection to a rule, it may 29 utilize the procedure provided in section 17A.4, subsection 30 6 . In addition or in the alternative, the committee may 31 include in the referral, under subsection 7 of this section , 32 a recommendation that this the rule be overcome by statute. 33 If the committee of the general assembly to which a rule is 34 referred finds objection to the referred rule, it may recommend 35 -4- LSB 5763HV (1) 89 lh/ns 4/ 106
H.F. 2492 to the general assembly that this rule be overcome by statute. 1 This section shall not be construed to prevent a committee of 2 the general assembly from reviewing a rule on its own motion. 3 Sec. 9. Section 17A.9A, subsections 4 and 5, Code 2022, are 4 amended to read as follows: 5 4. A grant or denial of a waiver petition shall be indexed, 6 filed, and available for public inspection as provided 7 in section 17A.3 . The administrative code editor and the 8 administrative rules coordinator shall devise maintain an 9 internet site to identify rules for which a petition for a 10 waiver has been granted or denied and make this information 11 available to the public. When an agency grants or denies a 12 waiver, the agency shall submit the information required by 13 this subsection on the internet site within sixty days. The 14 internet site shall identify the rules for which a waiver 15 has been granted or denied, the number of times a waiver was 16 granted or denied for each rule, a citation to the statutory 17 provisions implemented by these rules, and a general summary 18 of the reasons justifying the agencies’ actions on the waiver 19 request. To the extent practicable, the agency shall include 20 information detailing the extent to which the granting of a 21 waiver has established a precedent for additional waivers and 22 the extent to which the granting of a waiver has affected the 23 general applicability of the rule itself. 24 5. For purposes of this section , “a waiver” “waiver” 25 means an agency action which suspends in whole or in part 26 the requirements or provisions of a rule as applied to an 27 identified person on the basis of the particular circumstances 28 of that person. 29 Sec. 10. Section 22A.1, Code 2022, is amended by adding the 30 following new unnumbered paragraph before subsection 1: 31 NEW UNNUMBERED PARAGRAPH . As used in this chapter: 32 Sec. 11. Section 23A.2, subsection 10, paragraph k, 33 subparagraphs (8) and (10), Code 2022, are amended to read as 34 follows: 35 -5- LSB 5763HV (1) 89 lh/ns 5/ 106
H.F. 2492 (8) Health care and related services provided to patients 1 and visitors by the university of Iowa. 2 (10) Services provided to the public at the Iowa state 3 university college of veterinary medicine. 4 Sec. 12. Section 24.4, Code 2022, is amended to read as 5 follows: 6 24.4 Time of filing estimates. 7 The estimates required under section 24.3 and any other 8 estimates required by law shall be made and filed a sufficient 9 length of time in advance of any regular or special meeting 10 of the certifying board or levying board, as the case may 11 be, at which tax levies are authorized to be made to permit 12 publication, discussion, and consideration thereof of the 13 estimates and action thereon to be taken as hereinafter 14 provided in this chapter . 15 Sec. 13. Section 24.9, subsection 1, paragraph a, Code 2022, 16 is amended to read as follows: 17 a. Each municipality shall file with the secretary or 18 clerk thereof the estimates required to be made in sections 19 24.3 to through 24.8 , at least twenty days before the date 20 fixed by law for certifying the same to the levying board 21 and shall forthwith fix a date for a hearing thereon on the 22 estimates , and shall publish such estimates and any annual 23 levies previously authorized as provided in section 76.2 , with 24 a notice of the time when and the place where such hearing 25 shall be held not less than ten nor more than twenty days 26 before the hearing. Provided that in municipalities of less 27 than two hundred population such estimates and the notice of 28 hearing thereon shall be posted in three public places in the 29 district in lieu of publication. For any other municipality 30 such publication shall be in a newspaper published therein 31 in the municipality , if any, if not, then in a newspaper of 32 general circulation therein in the municipality . 33 Sec. 14. Section 24.10, Code 2022, is amended to read as 34 follows: 35 -6- LSB 5763HV (1) 89 lh/ns 6/ 106
H.F. 2492 24.10 Levies void. 1 The verified proof of the publication of such the notice 2 under section 24.9 shall be filed in the office of the county 3 auditor and preserved by the auditor. No A levy shall not be 4 valid unless and until such that notice is published and filed. 5 Sec. 15. Section 24.11, Code 2022, is amended to read as 6 follows: 7 24.11 Meeting for review. 8 The certifying board or the levying board, as the case may 9 be, shall meet at the time and place designated in said the 10 notice , at which published under section 24.9. At the meeting , 11 any person who would be subject to such the tax levy , shall 12 be heard in favor of or against the same budget estimates and 13 proposed levy or any part thereof. 14 Sec. 16. Section 25B.6, subsection 2, Code 2022, is amended 15 to read as follows: 16 2. The fiscal note impact statement shall also be submitted 17 to the legislative fiscal committee of the legislative council. 18 Beginning in the first full fiscal year after adoption of 19 the state administrative rule, the fiscal committee shall 20 annually prepare a report for each fiscal note impact statement 21 submitted detailing the fiscal impact of the administrative 22 rule on the affected political subdivision, or agencies and 23 entities which contract with the political subdivision to 24 provide services. The report shall be transmitted to the 25 governor and the general assembly. 26 Sec. 17. Section 27B.1, Code 2022, is amended by adding the 27 following new unnumbered paragraph before subsection 1: 28 NEW UNNUMBERED PARAGRAPH . As used in this chapter, unless 29 the context otherwise requires: 30 Sec. 18. Section 29C.25, subsection 1, paragraph b, Code 31 2022, is amended to read as follows: 32 b. Suspend or revoke, except in accordance with section 33 724.13 , a permit issued pursuant to section 724.6 , 724.7 , or 34 724.15 724.19 . 35 -7- LSB 5763HV (1) 89 lh/ns 7/ 106
H.F. 2492 Sec. 19. Section 34A.2, subsections 1, 2, 3, and 17, Code 1 2022, are amended to read as follows: 2 1. “911 call processing equipment” means equipment owned by 3 the department of homeland security and emergency management 4 that functions in a host remote environment, provides 911 call 5 processing functionality to public safety answering points, 6 and utilizes the next generation 911 network. “911 call 7 processing equipment” includes but is not limited to computer 8 aided dispatch, voice logging recorders, mapping, and emergency 9 medical dispatch. 10 2. “911 call processing equipment provider” means a vendor 11 or vendors selected by the department of homeland security and 12 emergency management to provide 911 call processing equipment. 13 3. “911 call transport provider” means a vendor or vendors 14 selected by the department of homeland security and emergency 15 management to deliver aggregated wire-line 911 call traffic to 16 the next generation 911 network and from the next generation 17 911 network to public safety answering points. 18 17. “Next generation 911 network service provider” means 19 a vendor or vendors selected by the department of homeland 20 security and emergency management to provide next generation 21 911 network functionality. 22 Sec. 20. Section 34A.8, subsection 1, Code 2022, is amended 23 to read as follows: 24 1. A local exchange service provider shall furnish to the 25 next generation 911 network service provider, designated by the 26 department of homeland security and emergency management , all 27 names, addresses, and telephone number information concerning 28 its subscribers which will be served by the next generation 29 911 network and shall periodically update the local exchange 30 service information. The 911 service provider shall furnish 31 the addresses and telephone number information received from 32 the local exchange service provider to the director for use in 33 the mass notification and emergency messaging system as defined 34 in section 29C.2 . The local exchange service provider shall 35 -8- LSB 5763HV (1) 89 lh/ns 8/ 106
H.F. 2492 receive as compensation for the provision of local exchange 1 service information charges according to its tariffs on file 2 with and approved by the Iowa utilities board. The tariff 3 charges shall be the same whether or not the local exchange 4 service provider is designated as the next generation 911 5 network service provider by the department of homeland security 6 and emergency management . 7 Sec. 21. Section 44.6, Code 2022, is amended to read as 8 follows: 9 44.6 Hearing before state commissioner. 10 Objections filed with the state commissioner shall be 11 considered by the secretary of state and auditor of state and 12 attorney general, and a majority decision shall be final ; 13 but . However, if the objection is to the certificate of 14 nomination of one or more of the above named officers, said 15 the officer or officers so objected to shall not pass upon the 16 same objection , but their places shall be filled, respectively, 17 by the treasurer of state, the governor, and the secretary of 18 agriculture. Objections relating to incorrect or incomplete 19 information for information that is required under section 44.3 20 shall be sustained. 21 Sec. 22. Section 49.53, subsection 1, Code 2022, is amended 22 to read as follows: 23 1. The commissioner shall not less than four nor more than 24 twenty days before the day of each election, except those for 25 which different publication requirements are prescribed by law, 26 publish notice of the election. The notice shall list the 27 names of all candidates or nominees and the office each seeks, 28 and all public questions, to be voted upon at the election. 29 The notice shall also state the date of the election, the hours 30 the polls will be open, that each voter is required to provide 31 identification at the polling place before the voter can 32 receive and cast a ballot, the location of each polling place 33 at which voting is to occur in the election, and the names of 34 the precincts voting at each polling place. The notice shall 35 -9- LSB 5763HV (1) 89 lh/ns 9/ 106
H.F. 2492 include the full text of all public measures to be voted upon 1 at the election. The notice may contain one or more facsimiles 2 of the portion of the ballot containing the first rotation 3 arrangement of candidates as prescribed by section 49.31, 4 subsection 2 . 5 Sec. 23. Section 53.47, subsection 2, Code 2022, is amended 6 to read as follows: 7 2. There is hereby appropriated to the department of 8 administrative services from the general fund of the state such 9 sums as may be necessary to purchase any materials provided 10 for herein in this section . The proceeds from sale of such 11 materials to counties shall be turned into deposited in the 12 general fund of the state upon receipt of same the moneys by 13 the department of administrative services. 14 Sec. 24. Section 70A.39, subsection 2, paragraph c, Code 15 2022, is amended to read as follows: 16 c. A leave of absence of up to two consecutive hours in 17 a workday for an employee who requests a leave of absence 18 to serve as a voluntary blood donor if the employee provides 19 written verification from the employee’s physician or the 20 facility involved with the blood donation that the employee 21 will serve as a voluntary blood donor. An employee may 22 submit a request for a leave of absence under this subsection 23 paragraph no more than four times in a year. 24 Sec. 25. Section 80.6A, subsection 1, paragraph a, Code 25 2022, is amended to read as follows: 26 a. Notwithstanding any provision to the contrary, peace 27 officers employed within the department that who are not 28 covered under a collective bargaining agreement but who were at 29 any time eligible to be enrolled in the group health insurance 30 plan that is negotiated under chapter 20 between the state 31 and the state police officers council labor union and who 32 elect to participate in a group health insurance plan provided 33 by the state, shall only be permitted to participate in the 34 group health insurance plan that is negotiated under chapter 35 -10- LSB 5763HV (1) 89 lh/ns 10/ 106
H.F. 2492 20 between the state and the state police officers council 1 labor union for peace officers subject to the requirements of 2 this subsection section . In addition, a peace officer who 3 was covered under a collective bargaining agreement and who 4 becomes a manager or supervisor and is no longer covered by 5 the agreement shall not lose group health insurance benefits 6 as provided by the agreement. 7 Sec. 26. Section 85.1, subsection 3, paragraph b, 8 subparagraph (2), Code 2022, is amended to read as follows: 9 (2) The spouse of a partner of a partnership, the parents, 10 brothers, sisters, children, and stepchildren of either a 11 partner or the spouse of a partner, and the spouses of the 12 brothers, sisters, children, and stepchildren of either a 13 partner or the spouse of a partner, who are employed by the 14 partnership and actually engaged in agricultural pursuits or 15 operations immediately connected with the agricultural pursuits 16 either on or off the premises of the partnership. For the 17 purpose of this section subparagraph , “partnership” includes 18 partnerships, limited partnerships, and joint ventures. 19 Sec. 27. Section 85.31, subsection 5, Code 2022, is amended 20 to read as follows: 21 5. Except as otherwise provided by treaty, whenever, 22 under the provisions of this chapter and chapters 86 and 87 , 23 compensation is payable to a dependent who is an alien not 24 residing in the United States at the time of the injury, the 25 employer shall pay fifty percent of the compensation herein 26 otherwise provided to such dependent, and the other fifty 27 percent shall be paid into the second injury fund in the 28 custody of the treasurer of state. But if the nonresident 29 alien dependent is a citizen of a government having a 30 compensation law which excludes citizens of the United States, 31 either resident or nonresident, from partaking of the benefits 32 of such law in as favorable degree as herein extended to the 33 nonresident alien, then said the compensation which would 34 otherwise be payable to such the dependent shall be paid into 35 -11- LSB 5763HV (1) 89 lh/ns 11/ 106
H.F. 2492 the second injury fund in the custody of the treasurer of 1 state. 2 Sec. 28. Section 85A.8, Code 2022, is amended to read as 3 follows: 4 85A.8 Occupational disease defined. 5 Occupational diseases shall be “Occupational disease” is 6 limited to only those diseases which arise out of and in the 7 course of the employee’s employment. Such The diseases shall 8 have a direct causal connection with the employment and must 9 have followed as a natural incident thereto from injurious 10 exposure occasioned by the nature of the employment. Such An 11 occupational disease must be incidental to the character of 12 the business, occupation , or process in which the employee 13 was employed and not independent of the employment. Such The 14 disease need not have been foreseen or expected , but , after its 15 contraction it , the disease must appear to have had its origin 16 in a risk connected with the employment and to have resulted 17 from that source as an incident and rational consequence. A 18 disease which follows from a hazard to which an employee has or 19 would have been equally exposed outside of said that occupation 20 is not compensable as an occupational disease. 21 Sec. 29. Section 87.19, Code 2022, is amended to read as 22 follows: 23 87.19 Failure to comply —— proceedings. 24 1. Upon the receipt of information by the workers’ 25 compensation commissioner of any employer failing to comply 26 with section 87.14A , the commissioner shall at once notify such 27 employer by certified mail that unless such employer comply 28 complies with the requirements of law, legal proceedings will 29 be instituted to enforce such compliance. 30 2. Unless such employer comply complies with the provisions 31 of the law within fifteen days after the giving of such notice 32 under subsection 1 , the workers’ compensation commissioner 33 shall report such the failure to the attorney general, whose 34 duty it shall be to bring an action in a court of equity to 35 -12- LSB 5763HV (1) 89 lh/ns 12/ 106
H.F. 2492 enjoin the further violation. Upon decree being entered for 1 a temporary or permanent injunction, a violation shall be a 2 contempt of court and punished as provided for contempt of 3 court in other cases. 4 Sec. 30. Section 89A.10, subsection 1, Code 2022, is amended 5 to read as follows: 6 1. If an inspection report indicates a failure to comply 7 with applicable rules, or with the detailed plans and 8 specifications approved by the commissioner, the commissioner 9 may, upon giving notice, order the owner thereof of a 10 conveyance to make the changes necessary for compliance. 11 Sec. 31. Section 91D.1, subsection 1, paragraph d, Code 12 2022, is amended to read as follows: 13 d. An employer is not required to pay an employee the 14 applicable state hourly wage provided in paragraph “a” until the 15 employee has completed ninety calendar days of employment with 16 the employer. An employee who has completed ninety calendar 17 days of employment with the employer prior to April 1, 2007, or 18 January 1, 2008, shall earn the applicable state hourly minimum 19 wage as of that date. An employer shall pay an employee who 20 has not completed ninety calendar days of employment with the 21 employer an hourly wage of at least $5.30 as of April 1, 2007, 22 and $6.35 as of January 1, 2008. 23 Sec. 32. Section 96.1A, subsection 14, paragraph h, Code 24 2022, is amended to read as follows: 25 h. After December 31, 1971, this state or a state 26 instrumentality and after December 31, 1977, a government 27 entity unless the service is specifically excluded from the 28 definition of employment. 29 Sec. 33. Section 96.1A, subsection 16, paragraph e, 30 subparagraph (2), Code 2022, is amended to read as follows: 31 (2) The service is performed both within and without 32 such state, but the service performed without such state is 33 incidental to the individual’s service within the state, for 34 example, or is temporary or transitory in nature or consists of 35 -13- LSB 5763HV (1) 89 lh/ns 13/ 106
H.F. 2492 isolated transactions. 1 Sec. 34. Section 96.7, subsection 7, paragraphs a and b, 2 Code 2022, are amended to read as follows: 3 a. (1) A governmental entity which is an employer under 4 this chapter shall pay benefits in a manner provided for a 5 reimbursable employer unless the governmental entity elects to 6 make contributions as a contributory employer. The election 7 shall be effective for a minimum of one calendar year and may 8 be changed if an election is made to become a reimbursable 9 employer prior to December 1 for a minimum of the following 10 calendar year. 11 (2) However, if on the effective date of the election the 12 governmental entity has a negative balance in its contributory 13 account, the governmental entity shall pay to the fund within 14 a time period determined by the department the amount of 15 the negative balance and shall immediately become liable to 16 reimburse the unemployment compensation fund for benefits paid 17 in lieu of contributions. Regular or extended benefits paid 18 after the effective date of the election, including those based 19 on wages paid while the governmental entity was a contributory 20 employer, shall be billed to the governmental entity as a 21 reimbursable employer. 22 b. (1) A governmental entity electing to make contributions 23 as a contributory employer, with at least eight consecutive 24 calendar quarters immediately preceding the computation date 25 throughout which the employer’s account has been chargeable 26 with benefits, shall be assigned a contribution rate under this 27 paragraph. Contribution rates shall be assigned by listing all 28 governmental contributory employers by decreasing percentages 29 of excess from the highest positive percentage of excess to the 30 highest negative percentage of excess. The employers so listed 31 shall be grouped into seven separate percentage of excess ranks 32 each containing as nearly as possible one-seventh of the total 33 taxable wages of governmental entities eligible to be assigned 34 a rate under this paragraph. 35 -14- LSB 5763HV (1) 89 lh/ns 14/ 106
H.F. 2492 (2) As used in this subsection paragraph , “percentage 1 of excess” means a number computed to six decimal places on 2 July 1 of each year obtained by dividing the excess of all 3 contributions attributable to an employer over the sum of all 4 benefits charged to an employer by the employer’s average 5 annual payroll. An employer’s percentage of excess is a 6 positive number when the total of all contributions paid to an 7 employer’s account for all past periods to and including those 8 for the quarter immediately preceding the rate computation 9 date exceeds the total benefits charged to such account for 10 the same period. An employer’s percentage of excess is a 11 negative number when the total of all contributions paid to an 12 employer’s account for all past periods to and including those 13 for the quarter immediately preceding the rate computation date 14 is less than the total benefits charged to such account for the 15 same period. 16 (3) As used in this subsection section , “average annual 17 taxable payroll” means the average of the total amount of 18 taxable wages paid by an employer for insured work during the 19 three periods of four consecutive calendar quarters immediately 20 preceding the computation date. However, for an employer 21 which qualifies on any computation date for a computed rate on 22 the basis of less than twelve consecutive calendar quarters 23 of chargeability immediately preceding the computation date, 24 “average annual taxable payroll” means the average of the 25 employer’s total amount of taxable wages for the two periods of 26 four consecutive calendar quarters immediately preceding the 27 computation date. 28 (4) The department shall annually calculate a base rate 29 for each calendar year. The base rate is equal to the sum of 30 the benefits charged to governmental contributory employers in 31 the calendar year immediately preceding the computation date 32 plus or minus the difference between the total benefits and 33 contributions paid by governmental contributory employers since 34 January 1, 1980, which sum is divided by the total taxable 35 -15- LSB 5763HV (1) 89 lh/ns 15/ 106
H.F. 2492 wages reported by governmental contributory employers during 1 the calendar year immediately preceding the computation date, 2 rounded to the next highest one-tenth of one percent. Excess 3 contributions from the years 1978 and 1979 shall be used to 4 offset benefits paid in any calendar year where total benefits 5 exceed total contributions of governmental contributory 6 employers. The contribution rate as a percentage of taxable 7 wages of the employer shall be assigned as follows: 8 If the The contribution Approximate 9 percentage rate shall be: cumulative 10 of excess taxable 11 rank is: payroll 12 ____________________________________________________________ 13 1 Base Rate 0.9 14.3 14 2 Base Rate 0.6 28.6 15 3 Base Rate 0.3 42.9 16 4 Base Rate 57.2 17 5 Base Rate + 0.3 71.5 18 6 Base Rate + 0.6 85.8 19 7 Base Rate + 0.9 100.0 20 (5) If a governmental contributory employer is grouped into 21 two separate percentage of excess ranks, the employer shall 22 be assigned the lower contribution rate of the two percentage 23 of excess ranks. Notwithstanding the provisions of this 24 paragraph, a governmental contributory employer shall not be 25 assigned a contribution rate less than one-tenth of one percent 26 of taxable wages unless the employer has a positive percentage 27 of excess greater than five percent. 28 (6) Governmental entities electing to be contributory 29 employers which are not eligible to be assigned a contribution 30 rate under this paragraph shall be assigned the base rate as a 31 contribution rate for the calendar year. 32 Sec. 35. Section 96.14, subsection 1, Code 2022, is amended 33 to read as follows: 34 1. Interest. Any employer who shall fail fails to pay any 35 -16- LSB 5763HV (1) 89 lh/ns 16/ 106
H.F. 2492 contribution and fails to pay the contribution at the time 1 required by this chapter and the rules of the department , shall 2 pay to the department in addition to such the contribution, 3 interest thereon on the contribution at the rate of one percent 4 per month and one-thirtieth of one percent for each day or 5 fraction thereof computed from the date upon which said the 6 contribution should have been paid. 7 Sec. 36. Section 96.14, subsection 3, paragraphs b and i, 8 Code 2022, are amended to read as follows: 9 b. In order to preserve the aforesaid lien attached to 10 any property situated in a county under paragraph “a” against 11 subsequent mortgagees, purchasers, or judgment creditors , for 12 value and without notice of the lien, on any property situated 13 in a county, the department shall file with the recorder of the 14 county , in which said the property is located, a notice of said 15 the lien. 16 i. It is expressly provided that the foregoing remedies 17 of the state under this section shall be cumulative and that 18 no action taken by the department shall be construed to be an 19 election on the part of the state or any of its officers to 20 pursue any remedy hereunder under this section to the exclusion 21 of any other remedy provided by law. 22 Sec. 37. Section 96.15, subsection 1, Code 2022, is amended 23 to read as follows: 24 1. Waiver of rights void. Any agreement by an individual 25 to waive, release, or commute the individual’s rights to 26 benefits or any other rights under this chapter shall be 27 void. Any agreement by any individual in the employ of any 28 person or concern to pay all or any portion of an employer’s 29 contributions, required under this chapter from such employer, 30 shall be void. No employer shall directly or indirectly make 31 or require or accept any deduction from wages to finance the 32 employer’s contributions required from the employer, or require 33 or accept any waiver of any right hereunder under this chapter 34 by any individual in the employer’s employ. Any employer or 35 -17- LSB 5763HV (1) 89 lh/ns 17/ 106
H.F. 2492 officer or agent of an employer who violates any provision of 1 this subsection shall, for each offense, be guilty of a serious 2 misdemeanor. 3 Sec. 38. Section 97B.56, Code 2022, is amended to read as 4 follows: 5 97B.56 Abolished system —— liquidation fund. 6 The assets of the old-age and survivors’ liquidation fund, 7 established by sections 97.50 through 97.53 and any future 8 payments or assets payable to the old-age and survivors’ 9 liquidation fund, are hereby transferred to the retirement 10 fund, and all payments hereafter due in accordance with the 11 provisions of said sections 97.50 through 97.53 shall be paid 12 from the retirement fund. 13 Sec. 39. Section 99G.36, subsections 4 and 5, Code 2022, are 14 amended to read as follows: 15 4. A person who knowingly or intentionally passes a lottery 16 ticket or share in order to circumvent prohibited player 17 provisions found in section 99G.31, subsection 3 , paragraph “g” 18 or “h” , or applicable game specific rules commits is guilty of a 19 class “D” felony. 20 5. No person shall knowingly or intentionally make a 21 material false statement in any lottery prize claim, make a 22 material false statement in any application for a license or 23 proposal to conduct lottery activities, or make a material 24 false entry in any book or record which is compiled or 25 maintained or submitted to the authority or the board pursuant 26 to the provisions of this chapter . Any person who violates 27 the provisions of this section subsection shall be guilty of a 28 class “D” felony. 29 Sec. 40. Section 103.36, Code 2022, is amended to read as 30 follows: 31 103.36 Procedure. 32 Proceedings for any action under section 103.35 shall be 33 commenced by filing with the board written charges against the 34 accused. Upon the filing of charges, the board shall conduct 35 -18- LSB 5763HV (1) 89 lh/ns 18/ 106
H.F. 2492 an investigation into the charges. The board shall designate 1 a time and place for a hearing, and shall notify the accused 2 of this action and furnish the accused a copy of all charges 3 at least thirty days prior to the date of the hearing. The 4 accused has the right to appear personally or by counsel, 5 to cross-examine witnesses, or and to produce witnesses in 6 defense. 7 Sec. 41. Section 124.401, subsection 5, Code 2022, is 8 amended to read as follows: 9 5. a. It is unlawful for any person knowingly or 10 intentionally to possess a controlled substance unless such 11 substance was obtained directly from, or pursuant to, a valid 12 prescription or order of a practitioner while acting in the 13 course of the practitioner’s professional practice, or except 14 as otherwise authorized by this chapter . Any person who 15 violates this subsection is guilty of a serious misdemeanor 16 for a first offense. A person who commits a violation of 17 this subsection and who has previously been convicted of 18 violating this chapter or chapter 124B or 453B , or chapter 19 124A as it existed prior to July 1, 2017, is guilty of an 20 aggravated misdemeanor. A person who commits a violation of 21 this subsection and has previously been convicted two or more 22 times of violating this chapter or chapter 124B or 453B , or 23 chapter 124A as it existed prior to July 1, 2017, is guilty of a 24 class “D” felony. 25 b. If the controlled substance is marijuana, the punishment 26 shall be by imprisonment in the county jail for not more than 27 six months or by a fine of not more than one thousand dollars, 28 or by both such fine and imprisonment for a first offense. If 29 the controlled substance is marijuana and the person has been 30 previously convicted of a violation of this subsection in which 31 the controlled substance was marijuana, the punishment shall be 32 as provided in section 903.1, subsection 1 , paragraph “b” . If 33 the controlled substance is marijuana and the person has been 34 previously convicted two or more times of a violation of this 35 -19- LSB 5763HV (1) 89 lh/ns 19/ 106
H.F. 2492 subsection in which the controlled substance was marijuana, the 1 person is guilty of an aggravated misdemeanor. 2 c. A person may knowingly or intentionally recommend, 3 possess, use, dispense, deliver, transport, or administer 4 cannabidiol if the recommendation, possession, use, dispensing, 5 delivery, transporting, or administering is in accordance 6 with the provisions of chapter 124E . For purposes of this 7 paragraph, “cannabidiol” means the same as defined in section 8 124E.2 . 9 d. All or any part of a sentence imposed pursuant to 10 this subsection may be suspended and the person placed upon 11 probation upon such terms and conditions as the court may 12 impose including the active participation by such person in a 13 drug treatment, rehabilitation or education program approved 14 by the court. 15 e. If a person commits a violation of this subsection , the 16 court shall order the person to serve a term of imprisonment of 17 not less than forty-eight hours. Any sentence imposed may be 18 suspended, and the court shall place the person on probation 19 upon such terms and conditions as the court may impose. If 20 the person is not sentenced to confinement under the custody 21 of the director of the department of corrections, the terms 22 and conditions of probation shall require submission to random 23 drug testing. If the person fails a drug test, the court may 24 transfer the person’s placement to any appropriate placement 25 permissible under the court order. 26 f. If the controlled substance is amphetamine, its salts, 27 isomers, or salts of its isomers, or methamphetamine, its 28 salts, isomers, or salts of its isomers, the court shall order 29 the person to serve a term of imprisonment of not less than 30 forty-eight hours. Any sentence imposed may be suspended, 31 and the court shall place the person on probation upon such 32 terms and conditions as the court may impose. The court may 33 place the person on intensive probation. However, the terms 34 and conditions of probation shall require submission to random 35 -20- LSB 5763HV (1) 89 lh/ns 20/ 106
H.F. 2492 drug testing. If the person fails a drug test, the court may 1 transfer the person’s placement to any appropriate placement 2 permissible under the court order. 3 Sec. 42. Section 124E.2, subsection 13, Code 2022, is 4 amended by striking the subsection. 5 Sec. 43. Section 135C.2, subsection 1, Code 2022, is amended 6 to read as follows: 7 1. The purpose of this chapter is to promote and encourage 8 adequate and safe care and housing for individuals who are 9 aged or who, regardless of age, are infirm, convalescent, or 10 mentally or physically dependent, by both public and private 11 agencies by providing for the adoption and enforcement of rules 12 and standards for all of the following : 13 a. For the The housing, care, and treatment of individuals 14 in health care facilities , and . 15 b. For the The location, construction, maintenance, 16 renovation, and sanitary operation of such health care 17 facilities which will promote safe and adequate care of 18 individuals in such homes so as to further the health, welfare, 19 and safety of such individuals. 20 Sec. 44. Section 148F.3, subsection 8, Code 2022, is amended 21 by striking the subsection. 22 Sec. 45. Section 154C.3, subsection 1, paragraph c, 23 subparagraph (4), Code 2022, is amended to read as follows: 24 (4) Has engaged in the practice of social work, under 25 supervision, for at least two years as a full-time employee or 26 for four thousand hours prior to taking the examination given 27 by the board. 28 (a) Supervision shall be provided in any of the following 29 manners: 30 (i) By a social worker licensed at least at the level of the 31 social worker being supervised and qualified under this section 32 to practice without supervision. 33 (ii) By a person licensed under section 154D.2 to practice 34 marital and family therapy without supervision or mental health 35 -21- LSB 5763HV (1) 89 lh/ns 21/ 106
H.F. 2492 counseling without supervision. 1 (iii) By another qualified professional, if the board 2 determines that supervision by a social worker as defined 3 in subparagraph subdivision (i) is unobtainable or in other 4 situations considered appropriate by the board. 5 (b) Additional standards for supervision shall be 6 determined by the board. 7 Sec. 46. Section 154C.3, subsection 1, paragraph c, 8 subparagraph (5), Code 2022, is amended by striking the 9 subparagraph. 10 Sec. 47. Section 161A.20, subsection 2, Code 2022, is 11 amended to read as follows: 12 2. On or before January 10 of each year its , the governing 13 body of a subdistrict shall make an estimate of the amount 14 it deems necessary to be raised by such special tax for the 15 ensuing year and transmit said the estimate in dollars to the 16 board of supervisors of the county in which the subdistrict 17 lies. 18 Sec. 48. Section 232.52, subsection 2, paragraph c, Code 19 2022, is amended to read as follows: 20 c. An order providing special care and treatment required 21 for the physical, emotional, or mental health of the child, and 22 that does all of the following: 23 (1) Placing Places the child on probation or other 24 supervision ; and . 25 (2) If the court deems appropriate, ordering orders the 26 parent, guardian, or custodian to reimburse the county for any 27 costs incurred as provided in section 232.141, subsection 1 , or 28 to otherwise pay or provide for such care and treatment. 29 Sec. 49. Section 249.3, unnumbered paragraph 1, Code 2022, 30 is amended to read as follows: 31 The persons eligible to receive state supplementary 32 assistance under section 249.1, subsection 5 , paragraph “b” , 33 are all of the following : 34 Sec. 50. Section 256.9, subsection 31, paragraph c, Code 35 -22- LSB 5763HV (1) 89 lh/ns 22/ 106
H.F. 2492 2022, is amended to read as follows: 1 c. For purposes of this section subsection , “substantial 2 parental involvement” means the physical presence of parents 3 in the classroom, learning experiences designed to enhance 4 the skills of parents in parenting and in providing for their 5 children’s learning and development, or educational materials 6 which may be borrowed for home use. 7 Sec. 51. Section 256B.9, subsection 3, Code 2022, is amended 8 to read as follows: 9 3. The weight that a child is assigned under this section 10 shall be dependent upon the required educational modifications 11 necessary to meet the special education needs of the child. 12 Enrollment for the purpose of this section , and all payments 13 to be made pursuant thereto, includes all children for whom a 14 special education program or course is to be provided pursuant 15 to section 256.12, subsection 2 , sections 273.1 to through 16 273.9 , and this chapter , whether or not the children are 17 actually enrolled upon the records of a school district. 18 Sec. 52. Section 266.28, Code 2022, is amended to read as 19 follows: 20 266.28 Receipt of funds —— work authorized. 21 The Iowa state board of regents is hereby authorized and 22 empowered to receive the grants of money appropriated under the 23 said Smith-Lever Act; and to organize and conduct agricultural 24 extension work which shall be carried on in connection with the 25 Iowa state university of science and technology, in accordance 26 with the terms and conditions expressed in the that Act of 27 Congress aforesaid . 28 Sec. 53. Section 272.31, subsection 4, Code 2022, is amended 29 to read as follows: 30 4. The board shall issue a substitute authorization that 31 allows an individual to substitute in grades prekindergarten 32 through twelve for no more than ten consecutive days in 33 a thirty-day period in one job assignment for a regularly 34 assigned teacher who is absent, except in the driver education 35 -23- LSB 5763HV (1) 89 lh/ns 23/ 106
H.F. 2492 classroom. A school district administrator may file a written 1 request with the board for an extension of the ten-day limit 2 in one job assignment in a thirty-day period on the basis of 3 documented need and benefit to the instructional program. The 4 executive director of the board or appointee the executive 5 director’s designee shall review the request and provide a 6 written decision either approving or denying the request. A 7 substitute teacher authorization shall require not less than 8 the successful completion of an associate degree or not less 9 than sixty undergraduate semester hours, or the equivalent, 10 from a college or university accredited by an institutional 11 accrediting agency recognized by the United States department 12 of education. 13 Sec. 54. Section 279.1, subsection 2, Code 2022, is amended 14 to read as follows: 15 2. Such organization Organization of the board shall be 16 effected by the election of a president from the members of 17 the board to . The president shall serve for one year , and who 18 shall be entitled to vote as a member. During nonelection 19 years, the president shall be elected to serve for one year at 20 a regular meeting held not less than one year, nor more than 21 thirteen months, after the prior organizational meeting. 22 Sec. 55. Section 279.60, subsection 2, Code 2022, is amended 23 to read as follows: 24 2. The school district shall also collect information from 25 each parent, guardian, or legal custodian of a kindergarten 26 student enrolled in the district on whether the student 27 attended preschool. Each school district shall report the 28 preschool information collected to the department of education 29 in the manner prescribed by the department not later than 30 January 1 of that school year. The early childhood Iowa 31 office in the department of management shall have access to 32 the raw data. The department of education shall review the 33 information submitted pursuant to this section and shall submit 34 its findings and recommendations annually in a report to the 35 -24- LSB 5763HV (1) 89 lh/ns 24/ 106
H.F. 2492 governor, the general assembly, the early childhood Iowa state 1 board, and the early childhood Iowa area boards. 2 Sec. 56. Section 306A.13, Code 2022, is amended to read as 3 follows: 4 306A.13 Definition. 5 The term “utility” shall include includes all privately, 6 publicly, municipally or cooperatively owned systems for 7 supplying water, sewer, electric lights, street lights and 8 traffic lights, gas, power, telegraph, telephone, transit, 9 pipeline, heating plants, railroads , and bridges, or the like 10 service to the public , or any part thereof of such a system if 11 such the system be is authorized by law to use the streets or 12 highways for the location of its facilities. 13 Sec. 57. Section 309.17, Code 2022, is amended to read as 14 follows: 15 309.17 Engineer —— term. 16 The board of supervisors shall employ one or more licensed 17 civil engineers who shall be known as county engineers. The 18 board shall fix their the term of employment for county 19 engineers, which shall not exceed three years, but the tenure 20 of office may be terminated at any time by the board. 21 Sec. 58. Section 309.27, Code 2022, is amended to read as 22 follows: 23 309.27 Report of engineer. 24 In addition to meeting the requirements of sections 25 309.22 through 309.26 , the county engineer, when so ordered 26 by the board, shall make a written report to the board and 27 shall designate therein designating, in their the order of 28 importance , the roads which, in the engineer’s judgment, are 29 most urgently in need of construction. 30 Sec. 59. Section 309.28, Code 2022, is amended to read as 31 follows: 32 309.28 Recommendations. 33 The county engineer may in the engineer’s report recommend 34 that certain definitely described roads or parts thereof of a 35 -25- LSB 5763HV (1) 89 lh/ns 25/ 106
H.F. 2492 road be omitted from or added to the provisional program or 1 project , or that certain definitely described roads or parts 2 thereof be added thereto, and in . In such a case , the county 3 engineer shall clearly enter on the report the reasons therefor 4 for the recommendations . 5 Sec. 60. Section 309.29, Code 2022, is amended to read as 6 follows: 7 309.29 Map required. 8 A map of the county showing the location of the proposed 9 program or project shall accompany the report of the county 10 engineer. 11 Sec. 61. Section 309.37, unnumbered paragraph 1, Code 2022, 12 is amended to read as follows: 13 The county engineer’s survey shall show all of the 14 following : 15 Sec. 62. Section 309.38, Code 2022, is amended to read as 16 follows: 17 309.38 Existing surveys. 18 The county engineer may adopt any existing survey of any 19 road or part thereof of a road which is embraced in said 20 the program or project, provided such that the existing 21 survey substantially complies, or is made to comply, with the 22 requirements of this chapter . 23 Sec. 63. Section 309.63, Code 2022, is amended to read as 24 follows: 25 309.63 Gravel beds. 26 The board of supervisors of any county may, within the limits 27 of such county and without outside the limits of any city, 28 purchase or condemn any lands for the purpose of obtaining 29 gravel or other suitable material with which to improve the 30 secondary highways roads of such county, including a sufficient 31 roadway to such land by the most reasonable route, or the 32 board may purchase such material outside the limits of their 33 county , and in . In either case , the board may pay for the same 34 materials out of the secondary road funds. 35 -26- LSB 5763HV (1) 89 lh/ns 26/ 106
H.F. 2492 Sec. 64. Section 309.69, Code 2022, is amended to read as 1 follows: 2 309.69 Enforcement of duty. 3 If the boards are unable to agree and one of the boards 4 appeals to the department, the department shall notify the 5 auditors of the interested counties that it will, on a day 6 not less than within ten days hence of the notice , at a named 7 time and place within any of the interested counties, hold a 8 hearing to determine all matters relating to any anticipated 9 duty. At the hearing , the department shall fully investigate 10 all questions pertaining to the disputed matters, and shall, 11 as soon as practicable, certify its decision to the different 12 boards , which . The department’s decision shall be final, and 13 each of the boards shall forthwith immediately comply with the 14 order in the same manner as though the work was located wholly 15 within the county. 16 Sec. 65. Section 309.81, Code 2022, is amended to read as 17 follows: 18 309.81 Record of plans. 19 Before beginning the construction of a permanent bridge or 20 culvert by day labor or by contract, the county engineer shall 21 file the plans, specifications, estimate of drainage area, 22 estimates of costs, and specific designation of the location of 23 the bridge or culvert shall be filed in the county engineer’s 24 office by the engineer . 25 Sec. 66. Section 309.82, Code 2022, is amended to read as 26 follows: 27 309.82 Record of final cost. 28 On completion of a bridge or culvert, a detailed statement 29 of cost, and of additions or alterations to the plans shall be 30 filed by the county engineer, all of which shall be retained in 31 the county engineer’s office as permanent records. 32 Sec. 67. Section 321.89, subsection 2, Code 2022, is amended 33 to read as follows: 34 2. Authority to take possession of abandoned vehicles. A 35 -27- LSB 5763HV (1) 89 lh/ns 27/ 106
H.F. 2492 police authority, upon the authority’s own initiative or 1 upon the request of any other authority having the duties of 2 control of highways or traffic, shall take into custody an 3 abandoned vehicle on public property and may take into custody 4 an abandoned vehicle on private property. The police authority 5 may employ its own personnel, equipment, and facilities or 6 hire a private entity, equipment, and facilities for the 7 purpose of removing, preserving, storing, or disposing of 8 abandoned vehicles. A property owner or other person in 9 control of private property may employ a private entity who is 10 a garagekeeper, as defined in section 321.90 , to dispose of an 11 abandoned vehicle, and the private entity may take into custody 12 the abandoned vehicle without a police authority’s initiative. 13 If a police authority employs a private entity to dispose of 14 abandoned vehicles, the police authority shall provide the 15 private entity with the names and addresses of the registered 16 owners, all lienholders of record, and any other known claimant 17 to the vehicle or the personal property found in the vehicle. 18 The owners, lienholders, or other claimants of the abandoned 19 vehicle shall not have a cause of action against a private 20 entity for action taken under this section if the private 21 entity provides notice as required by subsection 3 , paragraph 22 “a” paragraphs “a” through “f” . 23 Sec. 68. Section 321.105A, subsection 2, paragraph a, 24 subparagraph (2), subparagraph division (c), subparagraph 25 subdivision (iii), Code 2022, is amended to read as follows: 26 (iii) A trade involving an entity, if one of the owners 27 listed on the title of the traded vehicle is an entity. If 28 multiple names are on the names appear on the title , the names 29 must be separated by “or”. For purposes of trades under this 30 subparagraph subdivision, a sole proprietorship shall not be 31 distinguished from an individual owner. 32 Sec. 69. Section 321.158, Code 2022, is amended to read as 33 follows: 34 321.158 Registration dependent on schedule. 35 -28- LSB 5763HV (1) 89 lh/ns 28/ 106
H.F. 2492 No Except as provided in section 321.159, a motor vehicle 1 shall not be registered in this state unless the manufacturer 2 thereof of the vehicle has furnished to the department the 3 sworn statement herein provided, giving , in compliance with 4 section 321.157, the list price and weight of the model of 5 the motor vehicle that is offered for registration , except as 6 provided in section 321.159 . 7 Sec. 70. Section 321.320, Code 2022, is amended to read as 8 follows: 9 321.320 Left turns —— yielding. 10 The driver of a vehicle intending who intends to turn to 11 the left within an intersection or into an alley, private 12 road, or driveway shall yield the right-of-way to all vehicles 13 approaching from the opposite direction which are within the 14 intersection or so close thereto as to constitute an immediate 15 hazard , then said . The driver, having so yielded and having 16 given after yielding and giving a signal when and as required 17 by this chapter , may make such the left turn. 18 Sec. 71. Section 321.389, Code 2022, is amended to read as 19 follows: 20 321.389 Reflector required. 21 Every new motor vehicle, trailer, or semitrailer hereafter 22 sold and every commercial vehicle hereafter operated on a 23 highway shall also carry be equipped at the rear, either as 24 a part of the rear lamp or separately, with a red reflector 25 meeting the requirements of this chapter . 26 Sec. 72. Section 321.420, Code 2022, is amended to read as 27 follows: 28 321.420 Number of lamps lighted. 29 Whenever a motor vehicle equipped with headlamps as required 30 in this chapter is also equipped with any auxiliary lamps or a 31 spot lamp or any other lamp on the front thereof projecting of 32 the vehicle, that projects a beam of an intensity greater than 33 three hundred candlepower, not more than a total of four of any 34 such lamps on the front of a the vehicle shall be lighted at any 35 -29- LSB 5763HV (1) 89 lh/ns 29/ 106
H.F. 2492 one time when upon a highway. 1 Sec. 73. Section 321.483, Code 2022, is amended to read as 2 follows: 3 321.483 Felony penalty —— class “D” felony. 4 Any person who is convicted of a violation of any of the 5 provisions of this chapter herein declared to constitute which 6 constitutes a felony, and for which another punishment is not 7 otherwise provided, shall be is guilty of a class “D” felony. 8 Sec. 74. Section 321.501, Code 2022, is amended to read as 9 follows: 10 321.501 Manner of service. 11 The plaintiff in any action against a nonresident shall 12 cause the original notice of suit to be served as follows by 13 doing all of the following : 14 1. By filing a copy of said the original notice of suit with 15 said the director, together with a fee of two dollars , and . 16 2. By mailing to the defendant, and to each of the 17 defendants if there are more than one, within ten days after 18 said filing with the director, by restricted certified mail 19 addressed to the defendant at the defendant’s last known 20 residence or place of abode, a notification of the said filing 21 with the director. 22 Sec. 75. Section 321A.1, subsection 11, Code 2022, is 23 amended to read as follows: 24 11. “Proof of financial responsibility” means proof of 25 ability to respond in damages for liability, on account of 26 accidents occurring subsequent to the effective date of the 27 proof, arising out of the ownership, maintenance, or use of a 28 motor vehicle, in amounts as follows: 29 a. With respect to accidents occurring on or after January 30 1, 1981, and prior to January 1, 1983, the amount of fifteen 31 thousand dollars because of bodily injury to or death of one 32 person in any one accident, and, subject to the limit for one 33 person, the amount of thirty thousand dollars because of bodily 34 injury to or death of two or more persons in any one accident, 35 -30- LSB 5763HV (1) 89 lh/ns 30/ 106
H.F. 2492 and the amount of ten thousand dollars because of injury to or 1 destruction of property of others in any one accident. 2 b. With respect to accidents occurring on or after January 3 1, 1983, the amount of twenty thousand dollars because of 4 bodily injury to or death of one person in any one accident, 5 and, subject to the limit for one person, the amount of forty 6 thousand dollars because of bodily injury to or death of 7 two or more persons in any one accident, and the amount of 8 fifteen thousand dollars because of injury to or destruction of 9 property of others in any one accident. 10 Sec. 76. Section 321A.5, subsection 3, Code 2022, is amended 11 to read as follows: 12 3. A policy or bond is not effective under this section 13 unless issued by an insurance company or surety company 14 authorized to do business in this state, except that if the 15 motor vehicle was not registered in this state, or was a motor 16 vehicle which was registered elsewhere than in this state at 17 the effective date of the policy or bond, or the most recent 18 renewal thereof, the policy or bond is not effective under this 19 section unless the insurance company or surety company if not 20 authorized to do business in this state executes a power of 21 attorney authorizing the department to accept service on its 22 behalf of notice or process in any action upon the policy or 23 bond arising out of the accident. However, with respect to 24 accidents occurring on or after January 1, 1981, and before 25 January 1, 1983, every such policy or bond is subject, if the 26 accident has resulted in bodily injury or death, to a limit, 27 exclusive of interest and costs, of not less than fifteen 28 thousand dollars because of bodily injury to or death of one 29 person in any one accident and, subject to the limit for one 30 person, to a limit of not less than thirty thousand dollars 31 because of bodily injury to or death of two or more persons in 32 any one accident, and, if the accident has resulted in injury 33 to or destruction of property, to a limit of not less than 34 ten thousand dollars because of injury to or destruction of 35 -31- LSB 5763HV (1) 89 lh/ns 31/ 106
H.F. 2492 property of others in any one accident; and with respect to 1 accidents occurring on or after January 1, 1983, every Every 2 such policy or bond is subject, if the accident has resulted 3 in bodily injury or death, to a limit, exclusive of interest 4 and costs, of not less than twenty thousand dollars because of 5 bodily injury to or death of one person in any one accident 6 and, subject to the limit for one person, to a limit of not 7 less than forty thousand dollars because of bodily injury to or 8 death of two or more persons in any one accident, and, if the 9 accident has resulted in injury to or destruction of property, 10 to a limit of not less than fifteen thousand dollars because 11 of injury to or destruction of property of others in any one 12 accident. 13 Sec. 77. Section 321A.15, subsection 1, Code 2022, is 14 amended to read as follows: 15 1. a. Judgments referred to in this chapter and rendered 16 upon claims arising from accidents occurring on or after 17 January 1, 1981, and before January 1, 1983, shall, for the 18 purpose of this chapter only, be deemed satisfied when the 19 following occur: 20 (1) When fifteen thousand dollars has been credited upon any 21 judgment or judgments rendered in excess of that amount because 22 of bodily injury to or death of one person as the result of any 23 one accident. 24 (2) When, subject to the limit of fifteen thousand dollars 25 because of bodily injury to or death of one person, the sum of 26 thirty thousand dollars has been credited upon any judgment or 27 judgments rendered in excess of that amount because of bodily 28 injury to or death of two or more persons as the result of any 29 one accident. 30 (3) When ten thousand dollars has been credited upon any 31 judgment or judgments rendered in excess of that amount because 32 of injury to or destruction of property of others as a result 33 of any one accident. 34 b. Judgments referred to in this chapter and rendered upon 35 -32- LSB 5763HV (1) 89 lh/ns 32/ 106
H.F. 2492 claims arising from accidents occurring on or after January 1, 1 1983, shall, for the purpose of this chapter only, be deemed 2 satisfied when the following occur: 3 (1) a. When twenty thousand dollars has been credited upon 4 any judgment or judgments rendered in excess of that amount 5 because of bodily injury to or death of one person as the 6 result of any one accident. 7 (2) b. When, subject to the limit of twenty thousand 8 dollars because of bodily injury to or death of one person, 9 the sum of forty thousand dollars has been credited upon any 10 judgment or judgments rendered in excess of that amount because 11 of bodily injury to or death of two or more persons as the 12 result of any one accident. 13 (3) c. When fifteen thousand dollars has been credited upon 14 any judgment or judgments rendered in excess of that amount 15 because of injury to or destruction of property of others as 16 a result of any one accident. 17 Sec. 78. Section 321A.21, subsection 2, paragraph b, Code 18 2022, is amended to read as follows: 19 b. Shall insure the person named in the policy and any other 20 person, as insured, using the motor vehicles with the express 21 or implied permission of the named insured, against loss from 22 the liability imposed by law for damages arising out of the 23 ownership, maintenance, or use of the motor vehicles within the 24 United States of America or the Dominion of Canada, subject to 25 limits exclusive of interest and costs, with respect to each 26 such motor vehicle, as follows: With respect to all accidents 27 which occur on or after January 1, 1981, and before January 1, 28 1983, fifteen thousand dollars because of bodily injury to or 29 death of one person in any one accident and, subject to said 30 limit for one person, thirty thousand dollars because of bodily 31 injury to or death of two or more persons in any one accident, 32 and ten thousand dollars because of injury to or destruction 33 of property of others in any one accident; and with respect to 34 all accidents which occur on or after January 1, 1983, twenty 35 -33- LSB 5763HV (1) 89 lh/ns 33/ 106
H.F. 2492 thousand dollars because of bodily injury to or death of one 1 person in any one accident and, subject to said limit for 2 one person, forty thousand dollars because of bodily injury 3 to or death of two or more persons in any one accident, and 4 fifteen thousand dollars because of injury to or destruction of 5 property of others in any one accident. 6 Sec. 79. Section 321J.3, subsection 3, Code 2022, is amended 7 to read as follows: 8 3. The state department of transportation, in cooperation 9 with the judicial branch, shall adopt rules, pursuant to the 10 procedure in section 125.33 , regarding the assignment of 11 persons ordered under section 321J.17 to submit to substance 12 abuse evaluation and treatment. The rules shall be applicable 13 only to persons other than those committed to the custody of 14 the director of the department of corrections under section 15 321J.2 . The rules shall be consistent with the practices and 16 procedures of the judicial branch in sentencing persons to 17 substance abuse evaluation and treatment under section 321J.2 . 18 The rules shall include the requirement that the treatment 19 programs utilized by a person pursuant to an order of the 20 department of transportation meet the licensure standards of 21 the department of public health for substance abuse treatment 22 programs under chapter 125 . The rules shall also include 23 provisions for payment of costs by the offenders, including 24 insurance reimbursement on behalf of offenders, or other forms 25 of funding, and shall also address reporting requirements of 26 the facility, consistent with the provisions of sections 125.84 27 and 125.86 . The department of transportation shall be entitled 28 to treatment information contained in reports to the department 29 of transportation , notwithstanding any provision of chapter 125 30 that would restrict department access to treatment information 31 and records. 32 Sec. 80. Section 327D.77, Code 2022, is amended to read as 33 follows: 34 327D.77 Transportation prohibited. 35 -34- LSB 5763HV (1) 89 lh/ns 34/ 106
H.F. 2492 No A common carrier shall not undertake to perform any 1 service nor engage or participate in the transportation of 2 persons or property between points within this state, until its 3 the carrier’s schedule of rates shall have has been filed and 4 posted as herein provided in this chapter . 5 Sec. 81. Section 327D.78, Code 2022, is amended to read as 6 follows: 7 327D.78 Change in rate. 8 Unless the department otherwise orders, no change shall be 9 made by any common carrier in any rate, except after thirty 10 days’ notice to the department and to the public as herein 11 provided in this chapter . The department shall adopt rules to 12 ensure public notice is provided in any action instituted under 13 this section . 14 Sec. 82. Section 331.323, subsection 1, paragraph a, Code 15 2022, is amended to read as follows: 16 a. A county may combine the duties of two or more of the 17 following county officers and employees as provided in this 18 subsection : 19 (1) Sheriff . 20 (2) Treasurer . 21 (3) Recorder . 22 (4) Auditor . 23 (5) Medical examiner . 24 (6) General assistance director . 25 (7) County care facility administrator . 26 (8) Commission on veteran affairs . 27 (9) Director of social welfare Executive officer of the 28 service area advisory board. 29 (10) County assessor . 30 (11) County weed commissioner. 31 Sec. 83. Section 331.381, subsections 1 and 11, Code 2022, 32 are amended to read as follows: 33 1. Proceed in response to a petition to establish a unified 34 law enforcement district in accordance with sections 28E.21 to 35 -35- LSB 5763HV (1) 89 lh/ns 35/ 106
H.F. 2492 through 28E.28A , or the board may proceed under those sections 1 on its own motion. 2 11. Proceed in response to a petition to establish or end 3 an airport commission in accordance with sections 330.17 to 4 through 330.20 . 5 Sec. 84. Section 335.19, Code 2022, is amended to read as 6 follows: 7 335.19 Review by court. 8 Upon the presentation of such a petition under section 9 335.18 , the court may allow a writ of certiorari directed to 10 the board of adjustment to review the decision of the board of 11 adjustment and shall prescribe within the writ the time within 12 which a return must be made and served upon the relator’s 13 attorney, which shall not be less than ten days and may be 14 extended by the court. The allowance of the writ shall not 15 stay proceedings upon the decision appealed from, but the court 16 may, on application, on notice to the board , and on due cause 17 shown, grant a restraining order. 18 Sec. 85. Section 347.20, Code 2022, is amended to read as 19 follows: 20 347.20 Municipal jurisdiction. 21 When such a county hospital is located on land outside 22 of, but adjacent to a city, the ordinances of such the city 23 relating to fire and police protection and control, sanitary 24 regulations, and public utility service, shall be in force upon 25 and over such the hospital and grounds, and such the city shall 26 have jurisdiction to enforce such those ordinances. 27 Sec. 86. Section 349.13, Code 2022, is amended to read as 28 follows: 29 349.13 Trial of appeal. 30 Said An appeal under section 349.11 shall be triable de novo 31 as an equitable action without formal pleadings at any time 32 after the expiration of twenty days following the filing of 33 such the transcript as provided in section 349.12 . 34 Sec. 87. Section 351.43, Code 2022, is amended to read as 35 -36- LSB 5763HV (1) 89 lh/ns 36/ 106
H.F. 2492 follows: 1 351.43 Penalty. 2 Any person refusing who violates or refuses to comply with 3 the provisions of section 351.33 , or sections 351.35 through 4 351.42 or violating any of their provisions, shall be deemed is 5 guilty of a simple misdemeanor. 6 Sec. 88. Section 357.4, Code 2022, is amended to read as 7 follows: 8 357.4 Public hearing. 9 When the board of supervisors receives a petition for the 10 establishment of a benefited water district, the board shall 11 hold a public hearing shall be held within thirty days of the 12 presentation receipt of the petition. Notice of the hearing 13 shall be given publication published as provided in section 14 331.305 . 15 Sec. 89. Section 357.6, Code 2022, is amended to read as 16 follows: 17 357.6 Examination by engineer. 18 When the board of supervisors shall have has established 19 the benefited water district, they the board shall appoint 20 a competent disinterested civil engineer and instruct the 21 engineer to examine the proposed improvement , and to make 22 preliminary designs in sufficient detail to make permit an 23 accurate estimate of the cost of the proposed water system 24 to be made . The civil engineer shall also report as to the 25 suitability of the proposed source of water supply. 26 Sec. 90. Section 357.21, Code 2022, is amended to read as 27 follows: 28 357.21 Substance of bonds. 29 1. Each of such the bonds issued under section 357.20 shall 30 be meet all of the following requirements: 31 a. The bond shall be numbered , and . 32 b. The bond shall have printed upon its face that it is 33 a benefited water district bond, stating the county and the 34 number of the district for which it is issued, and the date of 35 -37- LSB 5763HV (1) 89 lh/ns 37/ 106
H.F. 2492 maturity ; . 1 c. The bond shall state that it is in pursuance of issued 2 pursuant to a resolution of the board of supervisors, and that 3 it is to be paid for only from a special assessment theretofore 4 levied and taxes levied as hereinafter provided under section 5 357.22 for that purpose within the said district for which the 6 bond is issued. 7 2. The provisions of sections 468.76 and 468.78 shall govern 8 the issuance of these bonds except that the contractor will not 9 be paid anything on the work until its completion and final 10 acceptance. 11 Sec. 91. Section 357.33, Code 2022, is amended to read as 12 follows: 13 357.33 Appeal procedure. 14 Any person aggrieved , may appeal from any final action of the 15 board of supervisors in relation to any matter involving the 16 person’s rights , to the district court of the county in which 17 the district is located. The procedure in such appeals shall 18 be governed by the provisions of sections 468.84 through 468.98 19 provided that whenever in the above those sections the words 20 “drainage district” occur, the words “benefited water district” 21 shall be substituted. 22 Sec. 92. Section 357F.8, subsection 2, paragraph c, 23 subparagraph (2), Code 2022, is amended to read as follows: 24 (2) The advisory council established under subparagraph (1) 25 shall recommend to the board of trustees an amount of funding 26 to be specified on the ballot for the election held under 27 this subsection 2 , and shall annually assess and review the 28 emergency medical services needs of the district , and shall 29 include the results of such review and assessment in an annual 30 report filed with the board of trustees. The annual report 31 shall be publicly available upon filing with the board of 32 trustees. The board of trustees shall receive public comment 33 regarding the report at one or more meetings of the board 34 of trustees. Any meeting of the board of trustees at which 35 -38- LSB 5763HV (1) 89 lh/ns 38/ 106
H.F. 2492 public comment on the annual report is heard shall be at least 1 fourteen days following the date the annual report is filed 2 with the board of trustees. 3 Sec. 93. Section 359.6, Code 2022, is amended to read as 4 follows: 5 359.6 Petition —— remonstrance. 6 Such A petition under section 359.5 shall be accompanied 7 by the affidavit of three eligible electors, to the effect 8 that all of the signatures to such the petition are genuine, 9 and that the signers thereof are all eligible electors of 10 said the township, residing outside said the corporate limits 11 of the city . Remonstrances signed by such eligible electors 12 may also be presented at the hearing before the board of 13 supervisors provided for in this subchapter , and but if the 14 same persons petition and remonstrate, they shall be counted on 15 the remonstrance only. 16 Sec. 94. Section 359.9, Code 2022, is amended to read as 17 follows: 18 359.9 Restoration to former township. 19 When the citizens of any township so set off as provided in 20 section 359.8 desire to dissolve their township organization 21 and return again to the township from which they were taken, 22 they may do so by the same proceedings as provided for 23 the division thereof of the township , except that said the 24 petition shall be signed by a majority of the electors of both 25 townships. 26 Sec. 95. Section 359.13, Code 2022, is amended to read as 27 follows: 28 359.13 Service and return. 29 Such The order for election issued under section 359.12 30 may be directed to any citizen of the same township, by name, 31 and shall be served by posting copies thereof of the order , 32 in three of the most public places in the township, fifteen 33 days before the day of the election ; the . The original order 34 shall be returned to the presiding officer of the election, to 35 -39- LSB 5763HV (1) 89 lh/ns 39/ 106
H.F. 2492 be returned to the clerk when elected, with a return thereon 1 of the manner of service, verified by oath, if served by any 2 person other than an officer. 3 Sec. 96. Section 359.25, Code 2022, is amended to read as 4 follows: 5 359.25 Clerk and council to act. 6 The duties required by law of the township clerk in such 7 cities described in section 359.24 shall be performed by the 8 city clerk, and those required of the board of trustees shall 9 be performed by the city council. 10 Sec. 97. Section 359.26, Code 2022, is amended to read as 11 follows: 12 359.26 Transfer of funds. 13 The moneys and assets belonging to such each civil township 14 described in section 359.24 shall become the moneys and assets 15 of the city in which said the civil township is situated , and 16 the . The township clerks shall turn such moneys and assets 17 over to the city treasurer or clerk, to be disbursed by the 18 city in the same manner and for the same purposes as required 19 by law for the disposition of township funds , and such cities . 20 The city shall assume all liabilities of a civil township to 21 which the provisions of this section apply. 22 Sec. 98. Section 376.5, Code 2022, is amended to read as 23 follows: 24 376.5 Publication of ballot. 25 Notice for each regular, special, primary, or runoff city 26 election shall be published by the county commissioner of 27 elections as provided in section 362.3 , except that notice of a 28 regular, primary, or runoff election may be published not less 29 than four days before the date of the election. The published 30 notice must list the names of all candidates, and may must not 31 contain any party designations. The published notice must 32 include any question to be submitted to the voters. The notice 33 may contain one or more facsimiles of the portion of the ballot 34 containing the first arrangement of candidates as prescribed 35 -40- LSB 5763HV (1) 89 lh/ns 40/ 106
H.F. 2492 by section 49.31, subsection 2 . 1 Sec. 99. Section 384.12, subsection 19, paragraph g, Code 2 2022, is amended to read as follows: 3 g. The election provisions of this subsection shall 4 supersede other provisions for elections only to the extent 5 necessary to comply with the provisions hereof of this 6 subsection . 7 Sec. 100. Section 422.20, subsection 5, paragraph a, 8 unnumbered paragraph 1, Code 2022, is amended to read as 9 follows: 10 Prior to the record in an appeal or contested case being made 11 available for public inspection, the department shall redact 12 from the record in an appeal or contested case the following 13 information from any pleading, exhibit, attachment, motion, 14 written evidence, final order, decision, or opinion contained 15 in that record : 16 Sec. 101. Section 422.72, subsection 8, paragraph a, 17 unnumbered paragraph 1, Code 2022, is amended to read as 18 follows: 19 Prior to the record in an appeal or contested case being made 20 available for public inspection, the department shall redact 21 from the record in an appeal or contested case the following 22 information from any pleading, exhibit, attachment, motion, 23 written evidence, final order, decision, or opinion contained 24 in that record : 25 Sec. 102. Section 423.3, subsection 47A, paragraph b, 26 subparagraphs (2) and (3), Code 2022, are amended to read as 27 follows: 28 (2) “Competitive local exchange service provider” means 29 any person, including a municipal utility, that provides 30 local exchange services, other than a local exchange carrier 31 or a non-rate-regulated wireline provider of local exchange 32 services under an authorized certificate of public convenience 33 and necessity within a specific geographic area described in 34 maps filed with and approved by the Iowa utilities board as of 35 -41- LSB 5763HV (1) 89 lh/ns 41/ 106
H.F. 2492 September 30, 1992. 1 (3) “Local exchange carrier” means any person that was 2 the incumbent and historical rate-regulated wireline provider 3 of local exchange services or any successor to such person 4 that provides local exchange services under an authorized 5 certificate of public convenience and necessity within a 6 specific geographic area described in maps filed with and 7 approved by the Iowa utilities board as of September 30, 1992. 8 Sec. 103. Section 423.3, subsection 107, Code 2022, is 9 amended to read as follows: 10 107. The sales price of the sale or rental of tangible 11 personal property sold to and of services furnished to a 12 nonprofit food bank, if the property or services are used by 13 the nonprofit food bank for a charitable purpose. For purposes 14 of this subsection , “nonprofit food bank” means an organization 15 organized under chapter 504 and qualifying under section 16 501(c)(3) of the Internal Revenue Code as an organization 17 exempt from federal income tax under section 501(a) of the 18 Internal Revenue Code that maintains an established operation 19 involving the provision of food or edible commodities or the 20 products thereof on a regular basis to persons in need or to 21 food pantries, soup kitchens, hunger relief centers, or other 22 food or feeding centers that, as an integral part of their 23 normal activities, provide meals or food on a regular basis to 24 persons in need. 25 Sec. 104. Section 425.10, Code 2022, is amended to read as 26 follows: 27 425.10 Reversal of allowed claim. 28 In the event any claim is allowed, and subsequently reversed 29 on appeal, any credit made thereunder under the claim shall be 30 void , and the . The amount of such the erroneous credit shall 31 be charged against the property in question, and the director 32 of revenue, the county auditor, and the county treasurer are 33 authorized and directed to correct their books and records 34 accordingly. The amount of such the erroneous credit, when 35 -42- LSB 5763HV (1) 89 lh/ns 42/ 106
H.F. 2492 collected, shall be returned by the county treasurer to the 1 homestead credit fund to be reallocated the following year as 2 provided in this subchapter . 3 Sec. 105. Section 441.2, Code 2022, is amended to read as 4 follows: 5 441.2 Conference board. 6 In each county and each city having an assessor there shall 7 be established a conference board. In counties the conference 8 board shall consist of the mayors of all incorporated cities in 9 the county whose property is assessed by the county assessor , ; 10 one representative from the board of directors of each high 11 school district of the county, who is a resident of the county, 12 said board of directors appointing said representative for 13 a one-year term and notifying the clerk of the conference 14 board as to their representative , ; and members of the board 15 of supervisors. In cities having an assessor the conference 16 board shall consist of the members of the city council, school 17 board , and county board of supervisors. In the counties 18 the chairperson of the board of supervisors shall act as 19 chairperson of the conference board, in cities having an 20 assessor the mayor of the city council shall act as chairperson 21 of the conference board. In any action taken by the conference 22 board, the mayors of all incorporated cities in the county 23 whose property is assessed by the county assessor shall 24 constitute one voting unit, the members of the city board of 25 education or one representative from the board of directors of 26 each high school district of the county shall constitute one 27 voting unit, the members of the city council shall constitute 28 one voting unit, and the county board of supervisors shall 29 constitute one voting unit, each unit having a single vote and 30 no action shall be valid except by the vote of not less than 31 two out of the three units. The majority vote of the members 32 present of each unit shall determine the vote of the unit. The 33 assessor shall be clerk of the conference board. 34 Sec. 106. Section 441.19, subsection 1, paragraphs b and e, 35 -43- LSB 5763HV (1) 89 lh/ns 43/ 106
H.F. 2492 Code 2022, are amended to read as follows: 1 b. Upon receipt of such supplemental return from any 2 person the assessor shall prepare a roll assessing such the 3 person as hereinafter provided . In the preparation of such 4 assessment roll the assessor shall be guided not only by 5 the information contained in such supplemental roll, but by 6 any other information the assessor may have or which may be 7 obtained by the assessor as prescribed by the law relating to 8 the assessment of property. The assessor shall not be bound 9 by any values as listed in such supplemental return, and may 10 include in the assessment roll any property omitted from the 11 supplemental return which in the knowledge and belief of the 12 assessor should be listed as required by law by the person 13 making the supplemental return. Upon completion of such roll 14 the assessor shall deliver to the person submitting such 15 supplemental return a copy of the assessment roll, either 16 personally or by mail. 17 e. In the event of a failure of any person required to list 18 property to make a supplemental return , as required herein, 19 on or before the fifteenth day of February of any year when 20 such the listing is required, the assessor shall proceed in the 21 listing and assessment of the person’s property as provided by 22 this chapter , and no . A person subject to taxation shall not 23 be relieved of the person’s obligation to list the person’s 24 property through failure to make a supplemental return as 25 herein provided, and any roll prepared by the assessor after 26 receiving a supplemental return , or when prepared in accordance 27 with other provisions of this chapter , shall be a valid 28 assessment. 29 Sec. 107. Section 455B.303, subsection 2, Code 2022, is 30 amended to read as follows: 31 2. Local boards of health shall cooperate in the enforcement 32 of the provisions of said this part 1 of subchapter IV and the 33 director may seek their aid and delegate administrative duties 34 of the department to the local boards of health in matters 35 -44- LSB 5763HV (1) 89 lh/ns 44/ 106
H.F. 2492 relating to solid waste, refuse disposal plants, and sanitary 1 disposal projects. 2 Sec. 108. Section 455D.11A, subsection 4, Code 2022, is 3 amended to read as follows: 4 4. If the owner or operator of a waste tire collection or 5 processing site chooses to provide financial assurance in the 6 form of a surety bond, the bond shall be executed by a surety 7 company authorized to do business in this state. The bond 8 shall be continuous in nature until canceled by the surety. A 9 surety shall provide at least ninety days’ notice in writing 10 to the owner or operator and to the department indicating the 11 surety’s intent to cancel the bond and the effective date of 12 the cancellation. The surety bond shall be for the benefit 13 of the citizens of this state and shall be conditioned upon 14 compliance with this section . The surety’s liability under 15 this subsection is limited to the amount of the bond or 16 the amount of the damages or moneys due, whichever is less. 17 However, this subsection does not limit the amount of damages 18 recoverable from an owner or operator to the amount of the 19 surety bond. The bond shall be made in a form prescribed by the 20 commissioner of insurance and written by a company authorized 21 by the commissioner of insurance to do business in this state. 22 If a surety bond is canceled which that has been provided as 23 financial assurance under this subsection is canceled , the 24 owner or operator of the waste tire collection or processing 25 site shall demonstrate a means of continued compliance with 26 the financial assurance requirements of this section to the 27 department within thirty days of the cancellation , a means of 28 continued compliance with the financial assurance requirements 29 of this section . If a means of continued compliance is not 30 demonstrated within the thirty-day period, the department shall 31 suspend the permit for the site, and the owner or operator 32 shall perform proper closure of the site within thirty days of 33 the suspension . If the owner or operator does not properly 34 close the site within the time period allowed, the department 35 -45- LSB 5763HV (1) 89 lh/ns 45/ 106
H.F. 2492 shall file a claim with the surety company, prior to the 1 effective date of cancellation of the bond, to collect the 2 amount of the bond for use in performing proper closure. A 3 person who fails to provide for proper closure, notwithstanding 4 collection by the department of the amount of the bond, is 5 guilty of a serious misdemeanor. 6 Sec. 109. Section 458A.19, Code 2022, is amended to read as 7 follows: 8 458A.19 Rate. 9 In order to pay the costs of assessment and collection and 10 provide a reasonable minimum standard of taxation, the taxes on 11 any such mineral rights or interests not owned by the owner of 12 the land , shall be not less than five cents per acre. 13 Sec. 110. Section 458A.20, Code 2022, is amended to read as 14 follows: 15 458A.20 Tax sale —— redemption by owner. 16 When any such mineral rights or interests not owned by the 17 owner of the land are sold at tax sale, and when the owner of 18 such those mineral rights or interests does not redeem under 19 the provisions of chapter 447 within ninety days after such the 20 tax sale, the owner of the land shall thereafter have the same 21 right of redemption as the owner of such the mineral rights or 22 interests has, and redemption by the owner of the land shall 23 terminate all any right of redemption of the owner of such the 24 mineral rights or interests. 25 Sec. 111. Section 461A.3, Code 2022, is amended to read as 26 follows: 27 461A.3 Duties as to parks. 28 1. It shall be the duty of the commission to establish, 29 maintain, improve, and beautify public parks and preserves 30 upon the shores of lakes, streams, or other waters, or at 31 other places within the state which have become historical 32 or which are of scientific interest, or which by reason of 33 their natural scenic beauty or location are adapted therefor. 34 The commission shall have the power to maintain, improve , or 35 -46- LSB 5763HV (1) 89 lh/ns 46/ 106
H.F. 2492 beautify state-owned bodies of water, and to provide proper 1 public access thereto to those waters . The commission shall 2 have the power to provide and operate facilities for the proper 3 public use of the areas above described. 4 2. The commission shall open all roads which pass through 5 the Ledges State Park from September 15 to through November 1 6 of each year. 7 Sec. 112. Section 461A.65, Code 2022, is amended to read as 8 follows: 9 461A.65 Objections. 10 Any person, corporation, company, levee or drainage 11 district , or city whose rights or interests may be affected 12 by said a proposed water recreational area may file written 13 objections to said the proposed water recreational area 14 or to the granting of said a permit for the proposed water 15 recreational area . 16 Sec. 113. Section 461A.66, Code 2022, is amended to read as 17 follows: 18 461A.66 Filing. 19 All such objections under section 461A.65 shall be on file 20 in the office of said the commission not less than five days 21 before the date of hearing on said the application but said . 22 The commission may permit the filing of said objections later 23 than five days before said the hearing , in which event the 24 applicant must be granted a reasonable time to meet said the 25 objections. 26 Sec. 114. Section 468.17, Code 2022, is amended to read as 27 follows: 28 468.17 Personal service. 29 In lieu of publication, personal service of said the notice 30 under section 468.14 may be made upon any owner of land in 31 the proposed district, or upon any lienholder or other person 32 interested in the proposed improvement, in the manner and 33 for the time required for service of original notices in the 34 district court. Proof of such service shall be on file with 35 -47- LSB 5763HV (1) 89 lh/ns 47/ 106
H.F. 2492 the auditor on the date of said hearing. 1 Sec. 115. Section 468.22, subsection 1, paragraph a, Code 2 2022, is amended to read as follows: 3 a. If The board may locate and establish the district in 4 accordance with the recommendation of the engineer and the 5 report and plans on file if the board shall find that such 6 finds all of the following: 7 (1) That the petition complies with the requirements of law 8 in form and substance , and that such . 9 (2) That the improvement would be conducive to the public 10 health, convenience, welfare, benefit, or utility , and that . 11 (3) That the cost thereof of the improvement is not 12 excessive , and . 13 (4) That no claim shall have has been filed for damages , the 14 board may locate and establish the said district in accordance 15 with the recommendation of the engineer and the report and 16 plans on file . 17 Sec. 116. Section 468.28, Code 2022, is amended to read as 18 follows: 19 468.28 Dismissal on remonstrance. 20 If, at or before the time set for final hearing as to the 21 establishment of a proposed levee, drainage, or improvement 22 district, except a subdrainage district, there shall have a 23 remonstrance signed by a majority of the landowners in the 24 district has been filed with the county auditor, or auditors, 25 in case the district extends into more than one county, a 26 remonstrance signed by a majority of the landowners in the 27 district, and these the remonstrants must in the aggregate 28 own seventy percent or more of the lands to be assessed for 29 benefits or taxed for said improvements , and are remonstrating 30 against the establishment of said the levee, drainage, or 31 improvement district, setting forth the reasons therefor, 32 the board or boards as the case may be, shall assess to the 33 petitioners and their sureties or apportion the costs among 34 them as the board or boards may deem just or as said the parties 35 -48- LSB 5763HV (1) 89 lh/ns 48/ 106
H.F. 2492 may agree upon. When all such costs have been paid, the board 1 or boards of supervisors shall dismiss said proceedings and 2 cause to be filed with the county auditor all surveys, plats, 3 reports, and records in relation to the proposed district. 4 Sec. 117. Section 468.210, Code 2022, is amended to read as 5 follows: 6 468.210 Appraisement. 7 The Upon adoption of the plan, the board shall thereupon 8 appoint three appraisers of the qualifications prescribed 9 in section 468.24 , who shall qualify in the manner therein 10 provided in that section , and shall fix a time for hearing 11 on their report of which all interested parties shall take 12 notice. The appraisers shall view the premises and fix and 13 determine the damages to which each claimant is entitled, 14 including claimants whose awards for damages were canceled 15 by the order of adoption , and . The appraisers shall place a 16 separate valuation upon the acreage of each owner taken for 17 right-of-way or other purposes necessitated by adoption of the 18 plan and shall file a report thereof in writing in the office 19 of the auditor at least five days before the date fixed by the 20 board for hearing thereon on the report . Should If the report 21 will not be filed on time or should if good cause for delay 22 exist exists, the board may postpone the time for final action 23 on the subject and, if necessary, may appoint other appraisers. 24 Thereafter the provisions of section 468.26 shall apply. 25