House Study Bill 209 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON HOLT) A BILL FOR An Act relating to nonsubstantive Code corrections, and 1 including retroactive applicability provisions. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 2260HC (1) 89 lh/ns
H.F. _____ DIVISION I 1 MISCELLANEOUS CHANGES 2 Section 1. Section 8.44, subsection 1, paragraph a, Code 3 2021, is amended to read as follows: 4 a. Upon receiving federal funds or any other funds from 5 any public or private sources , except gifts or donations made 6 to institutions for the personal use or for the benefit of 7 members, patients, or inmates and receipts from the gift shop 8 of merchandise manufactured by members, patients, or inmates, 9 the state departments, agencies, boards, and institutions 10 receiving such the funds shall submit a written report within 11 thirty days after receipt of the funds to the director of the 12 department of management. The report shall state the source of 13 the funds that supplement or replace state appropriations for 14 institutional operations, the amount received, and the terms 15 under which the funds are received. 16 Sec. 2. Section 8A.460, subsection 1, Code 2021, is amended 17 to read as follows: 18 1. A terminal liability health insurance fund is created 19 in the state treasury under the control of the department 20 of administrative services. The proceeds of the terminal 21 liability health insurance fund shall be used by the department 22 of administrative services to pay the state’s share of the 23 terminal liability of the existing health insurance contract 24 administered by the department of administrative services. The 25 moneys appropriated to the terminal liability health insurance 26 fund plus any additional moneys appropriated or collected 27 pursuant to 2001 Iowa Acts, ch. 190, or other Acts of the 28 general assembly shall constitute the total amount due to pay 29 the terminal liability specified in this section . 30 Sec. 3. Section 12.20, Code 2021, is amended to read as 31 follows: 32 12.20 Issuance of new check. 33 Upon presentation of any check voided as provided in 34 section 12.19 by the holder of the check after the six-months’ 35 -1- LSB 2260HC (1) 89 lh/ns 1/ 78
H.F. _____ six-month period, the state treasurer is authorized to issue a 1 new check for the amount of the original check to the holder. 2 Sec. 4. Section 15.317, subsection 3, Code 2021, is amended 3 to read as follows: 4 3. The business is not an entity providing professional 5 services, health care services, or medical treatments or is not 6 an entity engaged primarily in retail operations. 7 Sec. 5. Section 15.354, subsection 3, paragraph e, 8 subparagraph (2), subparagraph division (b), Code 2021, is 9 amended to read as follows: 10 (b) If the project costs cause the housing project’s average 11 dwelling unit cost to exceed the applicable maximum amount 12 authorized in section 15.353, subsection 3 , but does do not 13 cause the average dwelling unit cost to exceed one hundred ten 14 percent of such applicable maximum amount, the authority may 15 consider the agreement fulfilled and may issue a tax credit 16 certificate. In such case, the authority shall reduce the tax 17 incentive award and the corresponding amount of tax incentives 18 the eligible housing project may claim under section 15.355, 19 subsections 2 and 3 , by the same percentage that the housing 20 project’s average dwelling unit cost exceeds the applicable 21 maximum amount under section 15.353, subsection 3 , and such 22 tax incentive reduction shall be reflected on the tax credit 23 certificate. If the authority issues a certificate pursuant 24 to this subparagraph division, the department of revenue 25 shall accept the certificate notwithstanding that the housing 26 project’s average dwelling unit costs exceeds exceed the 27 maximum amount specified in section 15.353, subsection 3 . 28 Sec. 6. Section 15J.2, subsection 7, paragraph c, Code 2021, 29 is amended to read as follows: 30 c. A joint board or other legal entity established or 31 designated in an agreement made pursuant to chapter 28E between 32 two or more contiguous municipalities identified in paragraph 33 “a” or “b” pursuant to chapter 28E . 34 Sec. 7. Section 17A.4A, subsection 4, unnumbered paragraph 35 -2- LSB 2260HC (1) 89 lh/ns 2/ 78
H.F. _____ 1, Code 2021, is amended to read as follows: 1 Upon receipt by an agency of a timely request for a 2 regulatory analysis, the agency shall extend the period 3 specified in this chapter for each of the following until at 4 least twenty days after publication in the Iowa administrative 5 bulletin of a concise summary of the regulatory analysis: 6 Sec. 8. Section 24.29, Code 2021, is amended to read as 7 follows: 8 24.29 Appeal. 9 The state board may conduct the hearing or may appoint a 10 deputy. A deputy designated to hear an appeal shall attend 11 in person and conduct the hearing in accordance with section 12 24.28 , and . The deputy shall promptly report the proceedings 13 at the hearing, which report shall become a part of the 14 permanent record of the state board. 15 Sec. 9. Section 29A.75, Code 2021, is amended to read as 16 follows: 17 29A.75 Affidavit. 18 An affidavit, executed by an attorney in fact or agent, 19 setting forth that the attorney or agent has not or had not, at 20 the time of doing any act pursuant to the power of attorney, 21 received actual knowledge or actual notice of the revocation or 22 termination of the power of attorney, by death or otherwise, 23 or notice of any facts indicating the same, shall, in the 24 absence of fraud, be conclusive proof of the nonrevocation or 25 nontermination of the power at such time. If the exercise of 26 the power requires execution and delivery of any instrument 27 which is recordable under the laws of this state, such the 28 affidavit (when , if authenticated for record in the manner 29 prescribed by law) law, shall likewise be recordable. 30 Sec. 10. Section 29B.43, Code 2021, is amended to read as 31 follows: 32 29B.43 Oaths. 33 Before performing their official duties, military judges, 34 members of a general and special courts-martial, trial counsel, 35 -3- LSB 2260HC (1) 89 lh/ns 3/ 78
H.F. _____ assistant trial counsel, defense counsel, assistant defense 1 counsel, reporters , and interpreters shall take an oath to 2 perform their duties faithfully. The adjutant general shall 3 adopt rules prescribing the form of the oath, the time and 4 place of the taking of the oath, the manner of recording, and 5 whether the oath must be taken for all cases in which official 6 duties must be performed or for a particular case. The rules 7 may provide that an oath to perform duties faithfully as a 8 military judge, trial counsel, assistant trial counsel, defense 9 counsel, or assistant defense counsel may be taken at any 10 time by any judge advocate or legal officer, or other person 11 certified to be qualified or competent for the duty, and that 12 once taken the oath need not be taken again each time the 13 person is detailed to that duty. 14 Sec. 11. Section 48A.19, subsection 1, paragraph a, 15 subparagraph (4), Code 2021, is amended to read as follows: 16 (4) Special supplemental food nutrition program for women, 17 infants, and children. 18 Sec. 12. Section 50.48, subsection 6, Code 2021, is amended 19 to read as follows: 20 6. The commissioner shall promptly notify the state 21 commissioner of any recount of votes for an office to which 22 section 50.30 , or section 43.60 in the case of a primary 23 election, is applicable. If necessary, the state canvass 24 required by section 50.38 , or by section 43.63 , as the case 25 may be, shall be delayed with respect to the office or the 26 nomination to which the recount pertains. The commissioner 27 shall subsequently inform the state commissioner at the 28 earliest possible time whether any change in the outcome of the 29 election in that county or district resulted from the recount. 30 Sec. 13. Section 67.3, Code 2021, is amended to read as 31 follows: 32 67.3 Refusal to obey subpoena —— fees. 33 1. If any witness, duly subpoenaed, refuses to obey said 34 the subpoena, or refuses to testify, said the commission shall 35 -4- LSB 2260HC (1) 89 lh/ns 4/ 78
H.F. _____ certify said the fact to the district court of the county where 1 the investigation is being had and said taking place. The 2 court shall proceed with said the witness in the same manner 3 as though said the refusal had occurred in a legal proceeding 4 before said the court or judge. 5 2. Witnesses shall be paid in the manner provided for 6 witnesses before the executive council and from the same 7 appropriation. 8 Sec. 14. Section 80.45A, subsection 1, paragraph a, Code 9 2021, is amended to read as follows: 10 a. “Commissioner” means the commissioner of the department 11 of public safety or the commissioner’s designee. 12 Sec. 15. Section 80D.9, Code 2021, is amended to read as 13 follows: 14 80D.9 Supervision of reserve peace officers. 15 1. Reserve peace officers shall be subordinate to regular 16 peace officers, shall not serve as peace officers unless 17 under the direction of regular peace officers, and shall 18 wear a uniform prescribed by the chief of police, sheriff, 19 commissioner of public safety, or director of the judicial 20 district department of correctional services unless that 21 superior officer designates alternate apparel for use when 22 engaged in assignments involving special investigation, civil 23 process, court duties, jail duties, and the handling of mental 24 patients. The reserve peace officer shall not wear an insignia 25 of rank. 26 2. Each department for which a reserve force is established 27 shall appoint a certified peace officer as the reserve force 28 coordinating and supervising officer. A reserve peace 29 officer force established in a judicial district department 30 of correctional services must be directly supervised by a 31 certified peace officer who is on duty. That certified peace 32 officer shall report directly to the chief of police, sheriff, 33 commissioner of public safety or the commissioner’s designee, 34 or director of the judicial district department of correctional 35 -5- LSB 2260HC (1) 89 lh/ns 5/ 78
H.F. _____ services or the director’s designee, as the case may be. 1 Sec. 16. Section 84A.13, subsection 4, Code 2021, is amended 2 to read as follows: 3 4. An Iowa employer innovation fund is created in the 4 state treasury as a separate fund under the control of the 5 department of workforce development, in consultation with the 6 workforce development board. The fund shall consist of any 7 moneys appropriated by the general assembly and any other 8 moneys available to and obtained or accepted by the department 9 from the federal government. A portion of the moneys deposited 10 in the fund, in an amount to be determined annually by the 11 department of workforce development in consultation with the 12 workforce development board, shall be transferred annually to 13 the Iowa child care challenge fund created pursuant to section 14 84A.13A . The assets of the Iowa employer innovation fund shall 15 be used by the department in accordance with this section . All 16 moneys deposited or paid into the fund are appropriated and 17 made available to the board to be used in accordance with this 18 section . Notwithstanding section 8.33 , any balance in the fund 19 on June 30 of each fiscal year shall not revert to the general 20 fund of the state, but shall be available for purposes of this 21 section and for transfer in accordance with this section in 22 subsequent fiscal years. 23 Sec. 17. Section 85.26, subsection 3, Code 2021, is amended 24 to read as follows: 25 3. Notwithstanding chapter 17A , the filing with the 26 workers’ compensation commissioner of the original notice or 27 petition for an original proceeding or an original notice 28 or petition to reopen an award or agreement of settlement 29 provided by section 86.13 , for benefits under this chapter or 30 chapter 85A or 85B is the only act constituting “commencement” 31 commencement for purposes of this section . 32 Sec. 18. Section 85.55, subsection 1, Code 2021, is amended 33 to read as follows: 34 1. For purposes of this section , franchisee “franchisee” 35 -6- LSB 2260HC (1) 89 lh/ns 6/ 78
H.F. _____ and franchisor “franchisor” mean the same as defined in section 1 523H.1 . 2 Sec. 19. Section 85A.4, Code 2021, is amended to read as 3 follows: 4 85A.4 Disablement defined. 5 Disablement as that term is As used in this chapter is , 6 “disablement” means the event or condition where an employee 7 becomes actually incapacitated from performing the employee’s 8 work or from earning equal wages in other suitable employment 9 because of an occupational disease as defined in this chapter 10 in the last occupation in which such employee is injuriously 11 exposed to the hazards of such disease. 12 Sec. 20. Section 89A.10, subsection 3, Code 2021, is amended 13 to read as follows: 14 3. If the commissioner has reason to believe that the 15 continued operation of a conveyance constitutes an imminent 16 danger which could reasonably be expected to seriously 17 injure or cause death to any person, in addition to any other 18 remedies, the commissioner may apply to the district court 19 in the county in which such imminently dangerous condition 20 exists for a temporary order for the purpose of enjoining such 21 imminently dangerous conveyance. Upon hearing, if deemed 22 appropriate by the court, a permanent injunction may be issued 23 to insure ensure that such imminently dangerous conveyance be 24 prevented or controlled. Upon the elimination or rectification 25 of such imminently dangerous condition, the temporary or 26 permanent injunction shall be vacated. 27 Sec. 21. Section 91.11, Code 2021, is amended to read as 28 follows: 29 91.11 Prosecutions for violations. 30 1. If the commissioner learns of any violation of any law 31 administered by the division, the commissioner may give the 32 county attorney of the county in which the violation occurred 33 written notice of the facts, whereupon that officer shall 34 institute the proper proceedings against the person charged 35 -7- LSB 2260HC (1) 89 lh/ns 7/ 78
H.F. _____ with the offense. 1 2. If the commissioner is of the opinion that the violation 2 is not willful, or is an oversight or of a trivial nature, the 3 commissioner may at the commissioner’s discretion fix a time 4 within which the violation shall be corrected and notify the 5 owner, operator, superintendent, or person in charge , and if . 6 If the violation is corrected within the time fixed, then the 7 commissioner shall not cause prosecution to be begun. 8 Sec. 22. Section 96.1A, subsection 37, Code 2021, is amended 9 to read as follows: 10 37. “Total and partial unemployment” “Totally unemployed”, 11 “partially unemployed”, and “temporarily unemployed” . 12 a. An individual shall be deemed “totally unemployed” 13 in any week with respect to which no wages are payable to 14 the individual and during which the individual performs no 15 services. 16 b. An individual shall be deemed “partially unemployed” in 17 any week in which either of the following apply: 18 (1) While employed at the individual’s then regular job, the 19 individual works less than the regular full-time week and in 20 which the individual earns less than the individual’s weekly 21 benefit amount plus fifteen dollars. 22 (2) The individual, having been separated from the 23 individual’s regular job, earns at odd jobs less than the 24 individual’s weekly benefit amount plus fifteen dollars. 25 c. An individual shall be deemed “temporarily unemployed” 26 if for a period, verified by the department, not to exceed 27 four consecutive weeks, the individual is unemployed due 28 to a plant shutdown, vacation, inventory, lack of work, or 29 emergency from the individual’s regular job or trade in which 30 the individual worked full-time and will again work full-time, 31 if the individual’s employment, although temporarily suspended, 32 has not been terminated. 33 Sec. 23. Section 96.6, subsection 2, Code 2021, is amended 34 to read as follows: 35 -8- LSB 2260HC (1) 89 lh/ns 8/ 78
H.F. _____ 2. Initial determination. A representative designated 1 by the director shall promptly notify all interested parties 2 to the claim of its filing, and the parties have ten days 3 from the date of issuing issuance of the notice of the 4 filing of the claim to protest payment of benefits to the 5 claimant. All interested parties shall select a format as 6 specified by the department to receive such notifications. 7 The representative shall promptly examine the claim and any 8 protest, take the initiative to ascertain relevant information 9 concerning the claim, and, on the basis of the facts found 10 by the representative, shall determine whether or not the 11 claim is valid, the week with respect to which benefits shall 12 commence, the weekly benefit amount payable and its maximum 13 duration, and whether any disqualification shall be imposed. 14 The claimant has the burden of proving that the claimant 15 meets the basic eligibility conditions of section 96.4 . The 16 employer has the burden of proving that the claimant is 17 disqualified for benefits pursuant to section 96.5 , except as 18 provided by this subsection . The claimant has the initial 19 burden to produce evidence showing that the claimant is not 20 disqualified for benefits in cases involving section 96.5, 21 subsections 10 and 11 , and has the burden of proving that a 22 voluntary quit pursuant to section 96.5, subsection 1 , was 23 for good cause attributable to the employer and that the 24 claimant is not disqualified for benefits in cases involving 25 section 96.5, subsection 1 , paragraphs “a” through “h” . Unless 26 the claimant or other interested party, after notification 27 or within ten calendar days after notification was issued, 28 files an appeal from the decision, the decision is final 29 and benefits shall be paid or denied in accordance with the 30 decision. If an administrative law judge affirms a decision of 31 the representative, or the appeal board affirms a decision of 32 the administrative law judge allowing benefits, the benefits 33 shall be paid regardless of any appeal which is thereafter 34 taken, but if the decision is finally reversed, no employer’s 35 -9- LSB 2260HC (1) 89 lh/ns 9/ 78
H.F. _____ account shall be charged with benefits so paid and this relief 1 from charges shall apply to both contributory and reimbursable 2 employers, notwithstanding section 96.8, subsection 5 . 3 Sec. 24. Section 96.14, subsection 16, Code 2021, is amended 4 to read as follows: 5 16. Injunction upon nonpayment. Any employer or employing 6 unit refusing or failing to make and file required reports , 7 or records, or to pay any contributions, interest, or penalty 8 under the provisions of this chapter , after ten days’ written 9 notice sent by the department to the employer’s or employing 10 unit’s last known address by certified mail, may be enjoined 11 from operating any business in the state while in violation 12 of this chapter upon the complaint of the department in the 13 district court of a county in which the employer or employing 14 unit has or had a place of business within the state, and 15 any temporary injunction enjoining the continuance of such 16 business may be granted without notice and without a bond being 17 required from the department. Such injunction may enjoin any 18 employer or employing unit from operating a business unit 19 until the delinquent contributions, interest, or penalties 20 shall have been made and filed or paid; or the employer shall 21 have furnished a good and sufficient bond conditioned upon the 22 payment of such delinquencies in such an amount and containing 23 such terms as may be determined by the court; or the employer 24 has entered into a plan for the liquidation of the business to 25 pay for such delinquencies as the court may approve, provided 26 that such injunction may be reinstated upon the employer’s 27 failure to comply with the terms of said plan. 28 Sec. 25. Section 96.40, subsection 5, Code 2021, is amended 29 to read as follows: 30 5. An employer may file an appeal in writing of from a 31 denial or approval of a plan or revocation of an approved plan 32 by the department within thirty days from the date of the 33 decision. 34 Sec. 26. Section 124.409, subsection 3, Code 2021, is 35 -10- LSB 2260HC (1) 89 lh/ns 10/ 78
H.F. _____ amended to read as follows: 1 3. In order to obtain the most effective results from such 2 medical treatment and rehabilitative services, the court may 3 commit the person to the custody of a public or private agency 4 or any other responsible person and impose other conditions 5 upon the commitment as is necessary to insure ensure compliance 6 with the court’s order and to insure ensure that the person 7 will not, during the period of treatment and rehabilitation, 8 again violate a provision of this chapter . 9 Sec. 27. Section 125.33, subsection 5, Code 2021, is amended 10 to read as follows: 11 5. If a patient leaves a facility, with or against the 12 advice of the administrator in charge of the facility, the 13 director may make reasonable provisions for the patient’s 14 transportation to another facility or to the patient’s home. 15 If the patient has no home the patient shall be assisted in 16 obtaining shelter. If the patient is a minor or an incompetent 17 person , the request for discharge from an inpatient facility 18 shall be made by a parent, legal guardian , or other legal 19 representative , or by the minor or incompetent person if the 20 patient was the original applicant. 21 Sec. 28. Section 135.14, subsection 2, paragraph d, Code 22 2021, is amended to read as follows: 23 d. Manage the oral and health delivery systems bureau 24 including direction, supervision, and fiscal management of 25 bureau staff. 26 Sec. 29. Section 135.15, unnumbered paragraph 1, Code 2021, 27 is amended to read as follows: 28 An oral and health delivery system systems bureau is 29 established within the division of health promotion and chronic 30 disease prevention of the department. The bureau shall be 31 responsible for all of the following: 32 Sec. 30. Section 135.16, Code 2021, is amended to read as 33 follows: 34 135.16 Special supplemental nutrition program for 35 -11- LSB 2260HC (1) 89 lh/ns 11/ 78
H.F. _____ women, infants, and children supplemental food program —— 1 methamphetamine education. 2 As a component of the federal funding received by the 3 department as the administering agency for the special 4 supplemental nutrition program for women, infants, and children 5 supplemental food program , from the United States department 6 of agriculture, food and consumer nutrition service, the 7 department shall incorporate a methamphetamine education 8 program into its nutrition and health-related education 9 services. The department shall be responsible for the 10 development of the education program to be delivered, and for 11 the selection of qualified contract agencies to deliver the 12 instruction under the program. 13 Sec. 31. Section 135.16A, Code 2021, is amended to read as 14 follows: 15 135.16A Vendors participating in federal food nutrition 16 program —— egg sales. 17 1. As used in this section , unless the context otherwise 18 requires: 19 a. “Conventional eggs” means eggs other than specialty eggs. 20 b. “Eggs” means shell eggs that are graded as “AA”, “A”, or 21 “B” pursuant to 7 C.F.R. pt. 56, subpt. A , and that are sold at 22 retail in commercial markets. 23 c. “Federal food nutrition program” means the special 24 supplemental food nutrition program for women, infants, and 25 children as provided in 42 U.S.C. §1786, et seq. 26 d. “Grocery store” means a food establishment as defined 27 in section 137F.1 licensed by the department of inspections 28 and appeals pursuant to section 137F.4 , to sell food or food 29 products to customers intended for preparation or consumption 30 off premises. 31 e. “Specialty eggs” means eggs produced by domesticated 32 chickens, and sold at retail in commercial markets if the 33 chickens producing such eggs are advertised as being housed in 34 any of the following environments: 35 -12- LSB 2260HC (1) 89 lh/ns 12/ 78
H.F. _____ (1) Cage-free. 1 (2) Free-range. 2 (3) Enriched colony cage. 3 2. a. The department of inspections and appeals shall 4 assist the Iowa department of public health in adopting rules 5 necessary to implement and administer this section . 6 b. If necessary to implement, administer, and enforce this 7 section , the Iowa department of public health, in cooperation 8 with the department of agriculture and land stewardship, shall 9 submit a request to the United States department of agriculture 10 for a waiver or other exception from regulations as deemed 11 feasible by the Iowa department of public health. The Iowa 12 department of public health shall regularly report the status 13 of such request to the legislative services agency. 14 3. A grocery store that is a vendor participating in a 15 federal food nutrition program and offering specialty eggs 16 for retail sale shall maintain an inventory of conventional 17 eggs for retail sale sufficient to meet federal and state 18 requirements for participation in the federal food nutrition 19 program. 20 4. This section does not require a grocery store to do any 21 of the following: 22 a. Stock or sell specialty eggs. 23 b. Stock or sell eggs, if the grocery store elects not to 24 stock or sell conventional eggs for retail sale as part of its 25 normal business. 26 c. Comply with the provisions of this section , if the 27 grocery store’s inventory of eggs for retail sale was limited 28 to specialty eggs prior to January 1, 2018. 29 5. A violation of subsection 3 by a grocery store shall not 30 be construed to disqualify a grocery store from participating 31 in a federal food nutrition program unless otherwise authorized 32 by the United States department of agriculture. 33 Sec. 32. Section 135.19, subsection 2, Code 2021, is amended 34 to read as follows: 35 -13- LSB 2260HC (1) 89 lh/ns 13/ 78
H.F. _____ 2. The department shall establish by rule a list of 1 individuals by category who are at increased risk for viral 2 hepatitis exposure. The list shall be consistent with 3 recommendations developed by the centers for disease control 4 and prevention of the United States department of health and 5 human services , and shall be developed in consultation with 6 the Iowa viral hepatitis task force and the Iowa department 7 of veterans affairs. The department shall also establish 8 by rule what information is to be distributed and the form 9 and manner of distribution. The rules shall also establish 10 a vaccination and testing program, to be coordinated by the 11 department through local health departments and clinics and 12 other appropriate locations. 13 Sec. 33. Section 135.43, subsection 2, paragraph n, Code 14 2021, is amended to read as follows: 15 n. One other member who is appointed at large. 16 Sec. 34. Section 135.43, subsection 4, paragraph c, 17 subparagraph (3), Code 2021, is amended to read as follows: 18 (3) Confirmation of receipt by the department of human 19 services receipt of any report of child abuse involving 20 the child, including confirmation as to whether or not any 21 assessment involving the child was performed in accordance with 22 section 232.71B , the results of any assessment, a description 23 of the most recent assessment and the services offered to the 24 family, the services rendered to the family, and the basis for 25 the department’s decisions concerning the case. 26 Sec. 35. Section 135.173A, subsection 4, paragraph n, Code 27 2021, is amended to read as follows: 28 n. One designee of the early childhood Iowa office of the 29 department of management. 30 Sec. 36. Section 148F.3, subsection 8, Code 2021, is amended 31 to read as follows: 32 8. Adoption of rules providing temporary licensing for 33 persons providing orthotic, prosthetic, and pedorthic care in 34 this state prior to the effective date of this Act July 1, 35 -14- LSB 2260HC (1) 89 lh/ns 14/ 78
H.F. _____ 2012 . A temporary license is good for no more than one year. 1 Sec. 37. Section 153.14, subsection 2, Code 2021, is amended 2 to read as follows: 3 2. Licensed “physicians and surgeons” physicians and 4 surgeons or licensed “osteopathic physicians and surgeons” 5 osteopathic physicians and surgeons who extract teeth or treat 6 diseases of the oral cavity, gums, teeth, or maxillary bones as 7 an incident to the general practice of their profession. 8 Sec. 38. Section 154A.20, subsection 2, Code 2021, is 9 amended to read as follows: 10 2. The receipt shall bear the following statement in type no 11 smaller than the largest used in the body copy portion of the 12 receipt: 13 The purchaser has been advised that any examination or 14 representation made by a licensed hearing aid specialist in 15 connection with the fitting or selection and selling of this 16 hearing aid is not an examination, diagnosis, or prescription 17 by a person licensed to practice medicine in this state and , 18 therefore, must not be regarded as medical opinion or advice. 19 Sec. 39. Section 158.1, subsection 3, Code 2021, is amended 20 to read as follows: 21 3. “Barbershop” means an establishment in a fixed location , 22 or a location that is readily movable , where one or more 23 persons engage in the practice of barbering. 24 Sec. 40. Section 162.1, subsection 1, paragraph a, Code 25 2021, is amended to read as follows: 26 a. Insure Ensure that all dogs and cats handled by 27 commercial establishments are provided with humane care and 28 treatment. 29 Sec. 41. Section 190B.201, subsections 2 and 3, Code 2021, 30 are amended to read as follows: 31 2. The purpose of the fund is to relieve situations of 32 emergency experienced by families or individuals who reside 33 in this state, including low-income families and individuals 34 and unemployed families and individuals, by distributing food 35 -15- LSB 2260HC (1) 89 lh/ns 15/ 78
H.F. _____ to those persons, and the department of agriculture and land 1 stewardship may contract with an Iowa food bank association to 2 manage the program. 3 3. The Iowa food bank association managing the program 4 shall distribute food under the program to emergency feeding 5 organizations in this state. The Iowa food bank association 6 shall report to the department of agriculture and land 7 stewardship as required by the department. 8 Sec. 42. Section 191.1, Code 2021, is amended to read as 9 follows: 10 191.1 Label requirements. 11 All food offered or exposed for sale, or sold in package 12 or wrapped form, shall be labeled on the package or container 13 as prescribed in sections 189.9 to through 189.12 , inclusive , 14 unless otherwise provided in this chapter . 15 Sec. 43. Section 191.2, unnumbered paragraph 1, Code 2021, 16 is amended to read as follows: 17 The products enumerated below shall be labeled on the side or 18 top of the container or package in which placed, kept, offered 19 or exposed for sale, or sold as prescribed in sections 189.9 20 to through 189.12 , inclusive , except that the label shall 21 be printed in letters not less than three-quarters inch in 22 height and one-half inch in width and subject to the following 23 regulations: 24 Sec. 44. Section 200.2, Code 2021, is amended to read as 25 follows: 26 200.2 Enforcing official. 27 This chapter shall be administered by the secretary of 28 agriculture , hereinafter referred to as the secretary . 29 Sec. 45. Section 200.15, Code 2021, is amended to read as 30 follows: 31 200.15 Refusal to register or cancellation of registration 32 and licenses. 33 1. The Upon satisfactory evidence that the registrant or 34 licensee has used fraudulent or deceptive practices or has 35 -16- LSB 2260HC (1) 89 lh/ns 16/ 78
H.F. _____ willfully violated any provisions of this chapter or any rules 1 and regulations promulgated under this chapter, the secretary 2 is authorized and empowered to cancel do any of the following: 3 a. Cancel the registration of any product of commercial 4 fertilizer or soil conditioner or license or to refuse . 5 b. Refuse to register any product of commercial fertilizer 6 or soil conditioner or refuse . 7 c. Refuse to license any applicant upon satisfactory 8 evidence that the registrant or licensee has used fraudulent or 9 deceptive practices or has willfully violated any provisions 10 of this chapter or any rules and regulations promulgated under 11 this chapter . 12 2. However, a registration or license shall not be revoked 13 or refused until the registrant or licensee has been given the 14 opportunity to appear for a hearing by the secretary. 15 Sec. 46. Section 202B.202, subsections 1, 2, and 3, Code 16 2021, are amended to read as follows: 17 1. a. A cooperative association which is a party to a 18 contract for the care and feeding of swine in compliance with 19 section 9H.2 prior to May 9, 2003, and which is in violation of 20 section 9H.2 , as amended by 2003 Iowa Acts, ch. 115 , shall have 21 until June 30, 2007, to comply with section 9H.2 , as amended by 22 2003 Iowa Acts, ch. 115 . 23 b. Notwithstanding any provision of this section , a 24 cooperative association shall not take an action on or after 25 May 9, 2003, that would be in violation of section 9H.2 , as 26 amended by 2003 Iowa Acts, ch. 115 . 27 2. A processor that was in compliance with section 9H.2 , 28 Code 2001, prior to January 1, 2002, and which is in violation 29 of section 9H.2 , as amended by 2002 Iowa Acts, ch. 1095 , shall 30 have until June 30, 2006, to comply with section 9H.2 , as 31 amended by 2002 Iowa Acts, ch. 1095 . 32 3. Notwithstanding any provision of this section , a 33 processor shall not take an action on or after January 1, 2002, 34 that would be in violation of section 9H.2 , as amended by 2002 35 -17- LSB 2260HC (1) 89 lh/ns 17/ 78
H.F. _____ Iowa Acts, ch. 1095 . 1 Sec. 47. Section 216.22, subsection 1, Code 2021, is amended 2 to read as follows: 3 1. For purposes of this section , franchisee and franchisor 4 “franchisee” and “franchisor” mean the same as defined in 5 section 523H.1 . 6 Sec. 48. Section 216B.2, Code 2021, is amended to read as 7 follows: 8 216B.2 Commission created. 9 1. The commission for the blind is established consisting 10 of three members appointed by the governor, subject to 11 confirmation by the senate. Members of the commission shall 12 serve three-year terms beginning and ending as provided in 13 section 69.19 . The commission shall adopt rules concerning 14 programs and services for blind persons provided under 15 this chapter . The members of the commission shall appoint 16 officers for the commission. A majority of the members of the 17 commission shall constitute a quorum. 18 2. Commission members shall be reimbursed for actual 19 expenses incurred in performance of their duties. Members may 20 also be eligible to receive compensation as provided in section 21 7E.6 . The members of the commission shall appoint officers for 22 the commission. A majority of the members of the commission 23 shall constitute a quorum. 24 3. The commission shall adopt rules concerning programs and 25 services for blind persons provided under this chapter. 26 Sec. 49. Section 225C.3, subsection 1, Code 2021, is amended 27 to read as follows: 28 1. The division is designated the state mental health 29 authority as defined in 42 U.S.C. §201(m) (1976) for the 30 purpose of directing the benefits of the National Mental Health 31 Act, 42 U.S.C. §201 et seq. This designation does not preclude 32 the state board of regents from authorizing or directing any 33 institution under its jurisdiction to carry out educational, 34 prevention, and research activities in the areas of mental 35 -18- LSB 2260HC (1) 89 lh/ns 18/ 78
H.F. _____ health and intellectual disability. The division may contract 1 with the state board of regents or any institution under the 2 board’s jurisdiction to perform any of these functions. 3 Sec. 50. Section 230.20, subsection 1, paragraph a, 4 subparagraph (2), Code 2021, is amended to read as follows: 5 (2) The costs of certain direct medical services identified 6 in administrative rule, which may include but need not be 7 limited to X-ray x-ray , laboratory, and dental services. 8 Sec. 51. Section 232.182, subsections 5A and 6, Code 2021, 9 are amended to read as follows: 10 5A. 6. If the court orders placement of the child into 11 foster care, the court or the department shall establish a 12 support obligation for the costs of the placement pursuant to 13 section 234.39 . 14 6. 7. The hearing may be waived and the court may issue 15 the findings and order required under subsection 5 on the basis 16 of the department’s written report if all parties agree to the 17 hearing’s waiver and the department’s written report. 18 Sec. 52. Section 260C.48, subsection 1, paragraph a, 19 subparagraph (1), subparagraph division (a), Code 2021, is 20 amended to read as follows: 21 (a) Possess a baccalaureate or graduate degree in the 22 area or a related area of study or occupational area in 23 which the instructor teaches classes, or possesses possess a 24 baccalaureate degree in any area of study if at least eighteen 25 of the credit hours completed were in the career and technical 26 field of instruction in which the instructor teaches classes. 27 Sec. 53. Section 261.120, subsection 3, paragraph a, 28 subparagraphs (1) and (2), Code 2021, are amended to read as 29 follows: 30 (1) Is enrolled in the final year of a doctor of veterinary 31 medicine degree program at a college of veterinary medicine 32 accredited by the American veterinary medical association 33 council on education. 34 (2) Is a veterinarian licensed pursuant to chapter 169 35 -19- LSB 2260HC (1) 89 lh/ns 19/ 78
H.F. _____ who, within five years of applying for this program, received 1 a doctor of veterinary medicine degree from a college of 2 veterinary medicine accredited by the American veterinary 3 medical association council on education. 4 Sec. 54. Section 261.120, subsection 4, paragraph a, Code 5 2021, is amended to read as follows: 6 a. Receive or possess a doctor of veterinary medicine 7 degree , or the equivalent, from a college of veterinary 8 medicine accredited by the American veterinary medical 9 association council on education. 10 Sec. 55. Section 263B.4, Code 2021, is amended to read as 11 follows: 12 263B.4 Definitions. 13 As used in sections 263B.5 and 263B.6 : 14 1. “Appropriate authority” means the federal or state 15 authorities concerned with the preservation and study of 16 historical objects. 17 1. 2. “Historical objects” means archaeological and 18 paleontological objects, including all ruins, sites, buildings, 19 artifacts, fossils, or other objects of antiquity that 20 have state and national significance from an historical or 21 scientific standpoint for the inspiration and benefit of the 22 people of the United States. 23 2. 3. “Salvage” means the salvage of historical objects. 24 3. “Appropriate authority” means the federal or state 25 authorities concerned with the preservation and study of 26 historical objects. 27 Sec. 56. Section 272A.1, subsection 2, paragraphs a, b, c, 28 d, e, and f, Code 2021, are amended to read as follows: 29 a. “Educational personnel” means persons who must meet 30 requirements pursuant to state law as a condition of employment 31 in educational programs. 32 a. “Accept” , or any variant thereof, means to recognize 33 and give effect to one or more determinations of another state 34 relating to the qualifications of educational personnel in 35 -20- LSB 2260HC (1) 89 lh/ns 20/ 78
H.F. _____ lieu of making or requiring a like determination that would 1 otherwise be required by or pursuant to the laws of a receiving 2 state. 3 b. “Designated state official” means the education official 4 of a state selected by that state to negotiate and enter into, 5 on behalf of that state, contracts pursuant to this agreement. 6 c. “Accept” , or any variant thereof, means to recognize 7 and give effect to one or more determinations of another state 8 relating to the qualifications of educational personnel in 9 lieu of making or requiring a like determination that would 10 otherwise be required by or pursuant to the laws of a receiving 11 state. 12 c. “Educational personnel” means persons who must meet 13 requirements pursuant to state law as a condition of employment 14 in educational programs. 15 d. “State” means a state, territory, or possession of the 16 United States; the District of Columbia; or the Commonwealth 17 of Puerto Rico. 18 e. d. “Originating state” means a state, and the 19 subdivision thereof, if any, whose determination that certain 20 educational personnel are qualified to be employed for specific 21 duties in schools is acceptable in accordance with the terms of 22 a contract made pursuant to article III of this agreement. 23 f. e. “Receiving state” means a state, and the subdivisions 24 thereof, which accepts educational personnel in accordance with 25 the terms of a contract made pursuant to article III of this 26 agreement. 27 f. “State” means a state, territory, or possession of the 28 United States; the District of Columbia; or the Commonwealth 29 of Puerto Rico. 30 Sec. 57. Section 306A.10, Code 2021, is amended to read as 31 follows: 32 306A.10 Notice to relocate —— costs paid. 33 Whenever the state department of transportation, a city , or 34 a county determines that relocation or removal of any utility 35 -21- LSB 2260HC (1) 89 lh/ns 21/ 78
H.F. _____ facility now located in, over, along, or under any highway 1 or street, is necessitated by the construction of a project 2 on routes of the national system of interstate and defense 3 highways including extensions within cities or on streets or 4 highways resulting from interstate substitutions in a qualified 5 metropolitan area under Tit. 23, U.S.C., the utility owning 6 or operating the facility shall relocate or remove the same 7 facility in accordance with statutory notice. The costs of 8 relocation or removal, including the costs of installation 9 in a new location, shall be ascertained by the authority 10 having jurisdiction over the project or as determined in 11 condemnation proceedings for such purposes and may be paid from 12 participating federal aid or other funds. 13 Sec. 58. Section 311.23, subsection 1, Code 2021, is amended 14 to read as follows: 15 1. The total cost of any secondary road assessment district 16 project shall in the first instance be paid out of the county 17 treasury. Any assessments which are paid in cash , and in 18 anticipation of which assessments no certificates have been 19 issued, shall be transferred to the county treasury. 20 Sec. 59. Section 321.504, Code 2021, is amended to read as 21 follows: 22 321.504 Optional notification. 23 In lieu of mailing the notification described in section 24 321.502 to the defendant in a foreign state, the plaintiff may 25 cause the notification to be personally served in the foreign 26 state on the defendant by any adult person not a party to the 27 suit, by delivering the notification to the defendant or by 28 offering to make such delivery in case the defendant refuses 29 to accept delivery. 30 Sec. 60. Section 327E.1, Code 2021, is amended to read as 31 follows: 32 327E.1 Foreign railway companies corporations . 33 1. Any railway corporation organized or created by or 34 under the laws of any other state, owning and operating a line 35 -22- LSB 2260HC (1) 89 lh/ns 22/ 78
H.F. _____ or lines of railroad in such state, may build its road or 1 branches into this state, and shall possess all the powers and 2 privileges, and be subject to the same liabilities, as like 3 corporations organized and incorporated under the laws of this 4 state, if it shall file the railway corporation files with the 5 secretary of state a copy of its articles of incorporation, if 6 incorporated under a general law of such state, or a certified 7 copy of the statute incorporating it where if the charter 8 thereof was granted by statute. 9 2. Any such railway corporation may take and hold voluntary 10 grants of real estate and other property as are made to 11 it to aid in the construction, maintenance, and continued 12 operation of its railway. However, all real estate so received 13 shall be held only as long as the real estate is used for 14 the construction, maintenance, and continued operation of a 15 railway. 16 Sec. 61. Section 331.424, subsection 1, paragraph a, 17 subparagraph (1), subparagraph division (b), Code 2021, is 18 amended to read as follows: 19 (b) Clothing, transportation, medical, or other services 20 provided persons attending the Iowa braille and sight saving 21 school, the Iowa school for the deaf, or the university of Iowa 22 hospitals and clinics’ center for disabilities and development 23 for children with severe disabilities at Iowa City, for which 24 the county becomes obligated to pay pursuant to sections 25 263.12 , 269.2 , and 270.4 through 270.7 . 26 Sec. 62. Section 359.3, Code 2021, is amended to read as 27 follows: 28 359.3 Boundaries conterminous with city. 29 Where the boundaries of any city have been changed, the board 30 of supervisors of the county in which the same city is situated 31 shall have power to change the boundary lines of townships so 32 as to make them conform to the boundaries of the city, and to 33 make such other changes in township lines, and the number of 34 townships, as it may deem necessary; but no action shall be 35 -23- LSB 2260HC (1) 89 lh/ns 23/ 78
H.F. _____ taken affecting the boundaries or existing conditions of school 1 districts. 2 Sec. 63. Section 359.32, Code 2021, is amended to read as 3 follows: 4 359.32 Sale of lots —— gifts. 5 Township trustees shall have authority to provide for the 6 sale of lots , or portions thereof, in any cemetery under their 7 control, and make rules in regard thereto. Township trustees 8 may provide for perpetual upkeep by the establishment of a 9 perpetual upkeep fund from the proceeds of sale of lots, and 10 may accept gifts a gift , devise, or bequest , made to them for 11 that purpose. 12 Sec. 64. Section 359A.22, Code 2021, is amended to read as 13 follows: 14 359A.22 Controversies. 15 Upon the application of either owner, after notice is 16 given as prescribed in this chapter , the fence viewers shall 17 determine all controversies arising under sections 359A.18 to 18 through 359A.21 , inclusive, including the partition fences made 19 sheep and swine tight. 20 Sec. 65. Section 420.236, subsection 1, Code 2021, is 21 amended to read as follows: 22 1. That no a person shall not be permitted to pay taxes of 23 any one year until the taxes for the previous years shall be 24 are first paid. 25 Sec. 66. Section 421.27, subsection 2, paragraph c, 26 subparagraph (2), subparagraph division (b), Code 2021, is 27 amended to read as follows: 28 (b) As used in this subparagraph, all words and phrases 29 shall have the same meaning as defined in section 422.25A shall 30 have the same meaning given them by that section . 31 Sec. 67. Section 421.59, subsection 1, paragraph b, Code 32 2021, is amended to read as follows: 33 b. A taxpayer may at any time revoke a power of attorney 34 filed with the department pursuant to this subsection 1 . Upon 35 -24- LSB 2260HC (1) 89 lh/ns 24/ 78
H.F. _____ processing of the taxpayer’s revocation of a power of attorney, 1 the department shall cease honoring the power of attorney. 2 Sec. 68. Section 422.1, subsections 4 and 10, Code 2021, are 3 amended to read as follows: 4 4. Subchapter IV Repealed by 2003 Iowa Acts, 5 1st Ex., ch. 2, §151, 205 ; 6 see chapter 423 . 7 10. Subchapter X Repealed by 2009 Iowa Acts, 8 ch. 179, §152, 153 . 9 Sec. 69. Section 422.4, subsection 10, Code 2021, is amended 10 to read as follows: 11 10. The word “nonresident” applies only to individuals, and 12 includes all individuals who are not “residents” within the 13 meaning of subsection 15 hereof . 14 Sec. 70. Section 422.11A, Code 2021, is amended to read as 15 follows: 16 422.11A New jobs tax credit. 17 1. The taxes imposed under this subchapter , less the 18 credits allowed under section 422.12 , shall be reduced by a 19 new jobs tax credit. An industry which has entered into an 20 agreement under chapter 260E and which has increased its base 21 employment level by at least ten percent within the time set 22 in the agreement or, in the case of an industry without a base 23 employment level, adds new jobs within the time set in the 24 agreement is entitled to this new jobs tax credit for the tax 25 year selected by the industry. In determining if the industry 26 has increased its base employment level by ten percent or added 27 new jobs, only those new jobs directly resulting from the 28 project covered by the agreement and those directly related to 29 those new jobs shall be counted. 30 2. The amount of this credit is equal to the product of 31 six percent of the taxable wages , as defined in section 96.1A, 32 subsection 36, upon which an employer is required to contribute 33 to the state unemployment compensation fund, as defined in 34 section 96.1A, subsection 36 , times the number of new jobs 35 -25- LSB 2260HC (1) 89 lh/ns 25/ 78
H.F. _____ existing in the tax year that directly result from the project 1 covered by the agreement or new jobs that directly result from 2 those new jobs. The tax year chosen by the industry shall 3 either begin or end during the period beginning with the date 4 of the agreement and ending with the date by which the project 5 is to be completed under the agreement. An individual may 6 claim the new jobs tax credit allowed a partnership, subchapter 7 S corporation, or estate or trust electing to have the income 8 taxed directly to the individual. The amount claimed by 9 the individual shall be based upon the pro rata share of 10 the individual’s earnings of the partnership, subchapter S 11 corporation, or estate or trust. Any credit in excess of the 12 tax liability for the tax year may be credited to the tax 13 liability for the following ten tax years or until depleted, 14 whichever is the earlier. 15 3. For purposes of this section , “agreement” , “industry” , 16 “new job” , and “project” mean the same as defined in section 17 260E.2 and “base employment level” means the number of full-time 18 jobs an industry employs at the plant site which is covered by 19 an agreement under chapter 260E on the date of that agreement. 20 Sec. 71. Section 422.11S, subsection 8, paragraph a, 21 subparagraph (2), subparagraph division (b), subparagraph 22 subdivision (i), Code 2021, is amended to read as follows: 23 (i) During any calendar year beginning on or after January 24 1, 2022, if the amount of awarded tax credits from the 25 preceding calendar year are is equal to or greater than ninety 26 percent of the total approved tax credits for the current 27 calendar year, the total approved tax credits for the current 28 calendar year shall equal the product of ten percent multiplied 29 by the total approved tax credits for the current calendar year 30 plus the total approved tax credits for the current calendar 31 year. 32 Sec. 72. Section 422.25A, subsection 1, paragraph r, Code 33 2021, is amended to read as follows: 34 r. “Partnership level audit” means an examination by the 35 -26- LSB 2260HC (1) 89 lh/ns 26/ 78
H.F. _____ internal revenue service at the partnership level pursuant 1 to subchapter C , of title 26, subtitle F, chapter 63, of the 2 Internal Revenue Code, as enacted by the Bipartisan Budget Act 3 of 2015, Pub. L. No. 114-74, and as amended, which results in 4 final federal partnership adjustments initiated and made by the 5 internal revenue service. 6 Sec. 73. Section 422.29, subsection 1, Code 2021, is amended 7 to read as follows: 8 1. Judicial review of actions of the director may be 9 sought in accordance with the terms of the Iowa administrative 10 procedure Act, chapter 17A . Notwithstanding the terms of said 11 Act chapter 17A , petitions for judicial review may be filed 12 in the district court of the county in which the petitioner 13 resides, or in which the petitioner’s principal place of 14 business is located, or in the case of a nonresident not 15 maintaining a place of business in this state either in any 16 county in which the income involved was earned or derived or in 17 Polk county, within sixty days after the petitioner shall have 18 received notice of a determination by the director as provided 19 for in section 422.28 . 20 Sec. 74. Section 422.33, subsection 6, Code 2021, is amended 21 to read as follows: 22 6. a. The taxes imposed under this subchapter shall be 23 reduced by a new jobs tax credit. An industry which has 24 entered into an agreement under chapter 260E and which has 25 increased its base employment level by at least ten percent 26 within the time set in the agreement or, in the case of an 27 industry without a base employment level, adds new jobs within 28 the time set in the agreement is entitled to this new jobs 29 tax credit for the tax year selected by the industry. In 30 determining if the industry has increased its base employment 31 level by ten percent or added new jobs, only those new jobs 32 directly resulting from the project covered by the agreement 33 and those directly related to those new jobs shall be counted. 34 b. The amount of this credit is equal to the product of 35 -27- LSB 2260HC (1) 89 lh/ns 27/ 78
H.F. _____ six percent of the taxable wages , as defined in section 96.1A, 1 subsection 36, upon which an employer is required to contribute 2 to the state unemployment compensation fund, as defined in 3 section 96.1A, subsection 36 , times the number of new jobs 4 existing in the tax year that directly result from the project 5 covered by the agreement or new jobs that directly result from 6 those new jobs. The tax year chosen by the industry shall 7 either begin or end during the period beginning with the date 8 of the agreement and ending with the date by which the project 9 is to be completed under the agreement. Any credit in excess 10 of the tax liability for the tax year may be credited to the tax 11 liability for the following ten tax years or until depleted in 12 less than the ten years. 13 c. For purposes of this section , “agreement” , “industry” , 14 “new job” and “project” mean the same as defined in section 15 260E.2 and “base employment level” means the number of full-time 16 jobs an industry employs at the plant site which is covered by 17 an agreement under chapter 260E on the date of that agreement. 18 Sec. 75. Section 422.72, subsection 1, paragraph a, 19 subparagraph (1), Code 2021, is amended to read as follows: 20 (1) It is unlawful for the director, or any person having 21 an administrative duty under this chapter , or any present or 22 former officer or other employee of the state authorized by the 23 director to examine returns, to willfully or recklessly divulge 24 in any manner whatever , the business affairs, operations, or 25 information obtained by an investigation under this chapter 26 of records and equipment of any person visited or examined 27 in the discharge of official duty, or the amount or source 28 of income, profits, losses, expenditures or any particular 29 thereof, set forth or disclosed in any return , ; or to willfully 30 or recklessly permit any return or copy of a return or any book 31 containing any abstract or particulars thereof to be seen or 32 examined by any person except as provided by law. 33 Sec. 76. Section 455B.133B, subsection 5, paragraph d, 34 subparagraph (2), unnumbered paragraph 1, Code 2021, is amended 35 -28- LSB 2260HC (1) 89 lh/ns 28/ 78
H.F. _____ to read as follows: 1 Notwithstanding subparagraph (1), moneys in the air emission 2 fee account are also appropriated to the department to pay for 3 costs associated with implementing and administering regulatory 4 activities, including programs, provided for in division this 5 subchapter II of this chapter , other than costs covered by any 6 of the following: 7 Sec. 77. Section 455B.134, subsection 3, paragraph e, 8 subparagraph (1), unnumbered paragraph 1, Code 2021, is amended 9 to read as follows: 10 Notwithstanding any other provision of division this 11 subchapter II of this chapter or chapter 459, subchapter II , 12 the following siting requirements shall apply to anaerobic 13 lagoons and earthen waste slurry storage basins: 14 Sec. 78. Section 455B.134, subsections 12 and 13, Code 2021, 15 are amended to read as follows: 16 12. Review and evaluate air pollution control programs 17 conducted by political subdivisions of the state with respect 18 to whether the programs are consistent with the provisions of 19 division this subchapter II of this chapter and chapter 459, 20 subchapter II , and rules adopted by the commission. 21 13. Hold public hearings, except when the evidence to 22 be received is confidential pursuant to section 455B.137 , 23 necessary to accomplish the purposes of division this 24 subchapter II of this chapter and chapter 459, subchapter II . 25 The director may issue subpoenas requiring the attendance of 26 witnesses and the production of evidence pertinent to the 27 hearings. A subpoena shall be issued and enforced in the same 28 manner as in civil actions. 29 Sec. 79. Section 455B.138, subsection 1, Code 2021, is 30 amended to read as follows: 31 1. When the director has evidence that a violation of 32 any provision of division this subchapter II of this chapter 33 or chapter 459, subchapter II , or rule, standard, or permit 34 established or issued under division this subchapter II or 35 -29- LSB 2260HC (1) 89 lh/ns 29/ 78
H.F. _____ chapter 459, subchapter II , has occurred, the director shall 1 notify the alleged violator and, by informal negotiation, 2 attempt to resolve the problem. If the negotiations fail 3 to resolve the problem within a reasonable period of time, 4 the director shall issue an order directing the violator to 5 prevent, abate, or control the emissions or air pollution 6 involved. The order shall prescribe the date by which the 7 violation shall cease and may prescribe timetables for 8 necessary action to prevent, abate, or control the emissions of 9 air pollution. The order may be appealed to the commission. 10 The applicable time frames for the issuance and appeal of the 11 order are defined in section 455B.110 . 12 Sec. 80. Section 455B.140, Code 2021, is amended to read as 13 follows: 14 455B.140 Judicial review. 15 Judicial review of actions of the commission or of the 16 director may be sought in accordance with the terms of the Iowa 17 administrative procedure Act, chapter 17A . Notwithstanding the 18 terms of said Act chapter 17A , petitions for judicial review 19 may be filed in the district court of the county in which the 20 alleged offense was committed. 21 Sec. 81. Section 455B.143, subsection 1, Code 2021, is 22 amended to read as follows: 23 1. The director shall promptly investigate the application 24 and approve or disapprove the application. The director 25 may grant a variance if the director finds that all of the 26 following : 27 a. The emissions occurring or proposed to occur do not 28 endanger or tend to endanger human health or safety or 29 property ; and . 30 b. Compliance with the rules or standards from which the 31 variance is sought will produce serious hardship without equal 32 or greater benefits to the public. 33 Sec. 82. Section 455B.145, Code 2021, is amended to read as 34 follows: 35 -30- LSB 2260HC (1) 89 lh/ns 30/ 78
H.F. _____ 455B.145 Acceptance of local program. 1 When an air pollution control program conducted by a 2 political subdivision, or a combination of them, is deemed upon 3 review as provided in section 455B.134 , to be consistent with 4 the provisions of this division subchapter II or the rules 5 established under this division subchapter II , the director 6 shall accept such program in lieu of state administration and 7 regulation of air pollution within the political subdivisions 8 involved. This section shall not be construed to limit the 9 power of the director to issue state permits and to take 10 other actions consistent with this division subchapter II 11 or the rules established under this division subchapter 12 that the director deems necessary for the continued proper 13 administration of the air pollution programs within the 14 jurisdiction of the local air pollution program. 15 1. In evaluating an air pollution control program, 16 consideration shall be given to whether such program provides 17 for the following: 18 a. Ordinances, rules , and standards establishing 19 requirements consistent with, or more strict than, those 20 imposed by this division subchapter II or rules and standards 21 adopted by the department. 22 b. Enforcement of such requirements by appropriate 23 administrative and judicial process. 24 c. Administrative organization, staff, financial , and other 25 resources necessary to administer an efficient and effective 26 program. 27 d. Location of emission monitoring devices in areas of 28 the political subdivision in compliance with uniform state 29 standards adopted by the department. The department shall 30 adopt uniform state standards for the location of emission 31 monitoring devices specifying such intervals and such 32 procedures to provide a reasonably consistent measurement 33 of emissions from air contaminant sources regardless of the 34 political subdivision of the state in which the sources may be 35 -31- LSB 2260HC (1) 89 lh/ns 31/ 78
H.F. _____ located. 1 2. Upon acceptance of a local air pollution control program, 2 the director shall issue a certificate of acceptance to the 3 appropriate local agency. 4 a. Any political subdivision desiring a certificate of 5 acceptance shall apply to the department on forms prescribed by 6 the director. 7 b. The director shall promptly investigate the application 8 and approve or disapprove the application. The director may 9 conduct a public hearing before action is taken to approve or 10 disapprove. If the director disapproves issuing a certificate, 11 the political subdivision may appeal the action to the 12 department of inspections and appeals. At the hearing on 13 appeal, the department of inspections and appeals shall decide 14 whether the local program is substantially consistent with the 15 provisions of this division subchapter II , or rules adopted 16 thereunder, and whether the local program is being enforced. 17 The burden of proof shall be upon the political subdivision. 18 c. If the director determines at any time that a local air 19 pollution program is being conducted in a manner inconsistent 20 with the substantive provisions of this division subchapter 21 II or the rules adopted thereunder under this subchapter 22 II , the director shall notify the political subdivision, 23 citing the deviations from the acceptable standards and the 24 corrective measures to be completed within a reasonable amount 25 of time. If the corrective measures are not implemented as 26 prescribed, the director shall suspend in whole or in part the 27 certificate of acceptance of such political subdivision and 28 shall administer the regulatory provisions of said division 29 this subchapter II in whole or in part within the political 30 subdivision until the appropriate standards are met. Upon 31 receipt of evidence that necessary corrective action has been 32 taken, the director shall reinstate the suspended certificate 33 of acceptance, and the political subdivision shall resume the 34 administration of the local air pollution control program 35 -32- LSB 2260HC (1) 89 lh/ns 32/ 78
H.F. _____ within its jurisdiction. In cases where the certificate of 1 acceptance is suspended, the political subdivision may appeal 2 the suspension to the department of inspections and appeals. 3 d. Nothing in this division subchapter II shall be construed 4 to supersede the jurisdiction of any local air pollution 5 control program in operation on the first of January, 1973, 6 except that any such program shall meet all requirements of 7 said division this subchapter II . 8 Sec. 83. Section 455B.146, Code 2021, is amended to read as 9 follows: 10 455B.146 Civil action for compliance —— local program 11 actions. 12 If any order, permit, or rule of the department is being 13 violated, the attorney general shall, at the request of the 14 department or the director, institute a civil action in any 15 district court for injunctive relief to prevent any further 16 violation of the order, permit, or rule, or for the assessment 17 of a civil penalty as determined by the court, not to exceed 18 ten thousand dollars per day for each day such violation 19 continues, or both such injunctive relief and civil penalty. 20 Notwithstanding sections 331.302 and 331.307 , a city or county 21 which maintains air pollution control programs authorized by 22 certificate of acceptance under this division subchapter II may 23 provide civil penalties consistent with the amount established 24 for such penalties under this division subchapter II . 25 Sec. 84. Section 455B.146A, subsections 1 and 2, Code 2021, 26 are amended to read as follows: 27 1. A person who knowingly violates any provision of division 28 this subchapter II of this chapter , any permit, rule, standard, 29 or order issued under division this subchapter II of this 30 chapter , or any condition or limitation included in any permit 31 issued under division this subchapter II of this chapter , 32 is guilty of an aggravated misdemeanor. A conviction for a 33 violation is punishable by a fine of not more than ten thousand 34 dollars for each day of violation or by imprisonment for not 35 -33- LSB 2260HC (1) 89 lh/ns 33/ 78
H.F. _____ more than two years, or both. If the conviction is for a 1 second or subsequent violation committed by a person under this 2 section , however, the conviction is punishable by a fine of not 3 more than twenty thousand dollars for each day of violation or 4 by imprisonment for not more than four years, or by both. 5 2. a. A person who knowingly makes any false statement, 6 representation, or certification of any application, record, 7 report, plan, or other document filed or required to be 8 maintained under division this subchapter II of this chapter , 9 or by any permit, rule, standard, or order issued under 10 division this subchapter II of this chapter or who falsifies, 11 tampers with, or knowingly renders inaccurate any monitoring 12 device or method required to be maintained under division 13 this subchapter II of this chapter , or by any permit, rule, 14 standard, or order issued under division this subchapter II 15 of this chapter , or who knowingly fails to notify or report 16 as required by division this subchapter II of this chapter or 17 by any permit, rule, standard, or order issued under division 18 this subchapter II of this chapter , or by any condition or 19 limitation included in any permit issued under division this 20 subchapter II of this chapter , is guilty of an aggravated 21 misdemeanor punishable by a fine of not more than ten thousand 22 dollars per day per violation or by imprisonment for not more 23 than one year, or by both. If the conviction is for a second 24 or subsequent violation committed by a person under this 25 paragraph, however, the conviction is punishable by a fine of 26 not more than twenty thousand dollars for each day of violation 27 or by imprisonment for not more than two years, or by both. 28 b. A person who knowingly fails to pay any fee owed the 29 state under any provision of division this subchapter II of 30 this chapter , or any permit, rule, standard, or order issued 31 under division this subchapter II of this chapter , is guilty of 32 an aggravated misdemeanor punishable by a fine of not more than 33 ten thousand dollars per day per violation or by imprisonment 34 for not more than six months, or by both. If the conviction 35 -34- LSB 2260HC (1) 89 lh/ns 34/ 78
H.F. _____ is for a second or subsequent violation under this paragraph, 1 however, the conviction is punishable by a fine of not more 2 than twenty thousand dollars for each day of violation or by 3 imprisonment for not more than one year, or by both. 4 Sec. 85. Section 455B.149, subsection 1, Code 2021, is 5 amended to read as follows: 6 1. Upon application by the owner or operator of a 7 fuel-burning stationary source, and after notice and 8 opportunity for public hearing, the commission may petition 9 the president, under section 110, subsection “f” , paragraph 10 1 , of the federal Clean Air Act as amended through January 1, 11 1991, for a determination that a national or regional energy 12 emergency exists. If the president determines an emergency 13 exists, the commission may suspend any requirement of this 14 division subchapter II or a rule or permit issued under this 15 division subchapter II . A temporary emergency suspension under 16 this subsection shall be issued only if there exists in the 17 vicinity of the source a temporary emergency involving high 18 levels of unemployment or loss of necessary energy supplies for 19 residential buildings and if the unemployment or loss can be 20 totally or partially alleviated by the suspension. Only one 21 suspension may be issued for a source on the basis of the same 22 set of circumstances or on the basis of the same emergency. 23 A suspension shall remain in effect for a maximum of four 24 months. The commission may include in a suspension a provision 25 directing the director to delay for a period identical to the 26 period of the suspension a compliance schedule or increment 27 of progress to which the source is subject under section 28 455B.138 , if the source is unable to comply with the schedule 29 or increment solely because of the conditions on the basis of 30 which the suspension was issued. 31 Sec. 86. Section 455B.171, subsections 28 and 36, Code 2021, 32 are amended to read as follows: 33 28. “Schedule of compliance” means a schedule of remedial 34 measures including an enforceable sequence of actions or 35 -35- LSB 2260HC (1) 89 lh/ns 35/ 78
H.F. _____ operations leading to compliance with any effluent standard, 1 water quality standard, or any other requirement of this part 2 1 of this division subchapter III or any rule promulgated 3 pursuant thereto to this subchapter . 4 36. “Sewer system” means pipelines or conduits, pumping 5 stations, force mains, vehicles, vessels, conveyances, 6 injection wells, and all other constructions, devices, and 7 appliances appurtenant thereto used for conducting sewage 8 or industrial waste or other wastes to a point of ultimate 9 disposal or disposal to any water of the state. To the extent 10 that they are not subject to section 402 of the federal Water 11 Pollution Control Act, ditches, pipes, and drains that serve 12 only to collect, channel, direct, and convey nonpoint runoff 13 from precipitation are not considered as sewer systems for the 14 purposes of this part 1 of this division subchapter III . 15 Sec. 87. Section 455B.173, subsection 2, paragraph b, Code 16 2021, is amended to read as follows: 17 b. If the federal environmental protection agency has 18 promulgated an effluent standard or pretreatment standard 19 pursuant to section 301, 306, or 307 of the federal Water 20 Pollution Control Act, a pretreatment or effluent standard 21 adopted pursuant to this section shall not be more stringent 22 than the federal effluent or pretreatment standard for such 23 source. This section may not preclude the establishment of 24 a more restrictive effluent limitation in the permit for a 25 particular point source if the more restrictive effluent 26 limitation is necessary to meet water quality standards, the 27 establishment of an effluent standard for a source or class of 28 sources for which the federal environmental protection agency 29 has not promulgated standards pursuant to section 301, 306, 30 or 307 of the federal Water Pollution Control Act. Except as 31 required by federal law or regulation, the commission shall not 32 adopt an effluent standard more stringent with respect to any 33 pollutant than is necessary to reduce the concentration of that 34 pollutant in the effluent to the level due to natural causes, 35 -36- LSB 2260HC (1) 89 lh/ns 36/ 78
H.F. _____ including the mineral and chemical characteristics of the land, 1 existing in the water of the state to which the effluent is 2 discharged. Notwithstanding any other provision of this part 3 1 of this division subchapter III or chapter 459, subchapter 4 III , any new source, the construction of which was commenced 5 after October 18, 1972, and which was constructed as to meet 6 all applicable standards of performance for the new source or 7 any more stringent effluent limitation required to meet water 8 quality standards, shall not be subject to any more stringent 9 effluent limitations during a ten-year period beginning on the 10 date of completion of construction or during the period of 11 depreciation or amortization of the pollution control equipment 12 for the facility for the purposes of section 167 or 169 or both 13 sections of the Internal Revenue Code, whichever period ends 14 first. 15 Sec. 88. Section 455B.174, subsections 1 and 3, Code 2021, 16 are amended to read as follows: 17 1. Conduct investigations of alleged water pollution or of 18 alleged violations of this part 1 of this division subchapter 19 III , chapter 459, subchapter III , chapter 459A , chapter 459B , 20 or any rule adopted or any permit issued pursuant thereto upon 21 written request of any state agency, political subdivision, 22 local board of health, twenty-five residents of the state, 23 as directed by the department, or as may be necessary to 24 accomplish the purposes of this part 1 of this division 25 subchapter III , chapter 459, subchapter III , chapter 459A , or 26 chapter 459B . 27 3. Take any action or actions allowed by law which, in 28 the director’s judgment, are necessary to enforce or secure 29 compliance with the provisions of this part 1 of this division 30 subchapter III or chapter 459, subchapter III , or of any rule 31 or standard established or permit issued pursuant thereto. 32 Sec. 89. Section 455B.174, subsection 4, paragraph a, 33 subparagraph (1), unnumbered paragraph 1, Code 2021, is amended 34 to read as follows: 35 -37- LSB 2260HC (1) 89 lh/ns 37/ 78
H.F. _____ Approve or disapprove the plans and specifications for 1 the construction of disposal systems or public water supply 2 systems except for those sewer extensions and water supply 3 distribution system extensions which are reviewed by a city 4 or county public works department as set forth in section 5 455B.183 . The director shall issue, revoke, suspend, modify, 6 or deny permits for the operation, installation, construction, 7 addition to, or modification of any disposal system or public 8 water supply system except for sewer extensions and water 9 supply distribution system extensions which are reviewed by a 10 city or county public works department as set forth in section 11 455B.183 . The director shall also issue, revoke, suspend, 12 modify, or deny permits for the discharge of any pollutant, or 13 for the use or disposal of sewage sludge. The permits shall 14 contain conditions and schedules of compliance as necessary 15 to meet the requirements of this part 1 of this division 16 subchapter III or chapter 459, subchapter III , the federal 17 Water Pollution Control Act and the federal Safe Drinking 18 Water Act. A permit issued under this chapter for the use or 19 disposal of sewage sludge is in addition to and must contain 20 references to any other permits required under this chapter . 21 The director shall not issue or renew a permit to a disposal 22 system or a public water supply system which is not viable. 23 If the director has reasonable grounds to believe that a 24 disposal system or public water supply system is not viable, 25 the department may require the system to submit a business plan 26 as a means of determining viability. This plan shall include 27 the following components: 28 Sec. 90. Section 455B.174, subsection 5, paragraph a, Code 29 2021, is amended to read as follows: 30 a. Periodically review permits and reports submitted by city 31 and county public works departments in accordance with section 32 455B.183, subsection 3 , to ensure such public works departments 33 are complying with this part 1 of this division subchapter III . 34 If a city or county public works department is not complying 35 -38- LSB 2260HC (1) 89 lh/ns 38/ 78
H.F. _____ with section 455B.183 in reviewing plans and specifications 1 or in granting permits or both, the department shall perform 2 these functions in that jurisdiction until the city or county 3 public works department is able to perform them. Performance 4 of these functions in a jurisdiction by a local public works 5 department shall not be suspended or revoked until after notice 6 and opportunity for hearing as provided in chapter 17A . 7 Sec. 91. Section 455B.175, Code 2021, is amended to read as 8 follows: 9 455B.175 Violations. 10 1. If there is substantial evidence that any person has 11 violated or is violating any provision of , or any rule or 12 standard established or permit issued pursuant to, this part 13 1 of this division subsection III , chapter 459, subchapter 14 III , chapter 459A , or chapter 459B , or of any rule or standard 15 established or permit issued pursuant thereto; then one of the 16 following may apply : 17 a. The director may issue an order directing the person 18 to desist in the practice which constitutes the violation or 19 to take such corrective action as may be necessary to ensure 20 that the violation will cease. The person to whom such order 21 is issued may cause to be commenced a contested case within 22 the meaning of the Iowa administrative procedure Act, chapter 23 17A , by filing with the director a notice of appeal to the 24 commission. The applicable time frames for the issuance and 25 appeal of the order are defined in section 455B.110 . On appeal 26 the commission may affirm, modify, or vacate the order of the 27 director ; or . 28 b. If it is determined by the director that an emergency 29 exists respecting any matter affecting or likely to affect the 30 public health, the director may issue any order necessary to 31 terminate the emergency without notice and without hearing. 32 Any such order shall be binding and effective immediately and 33 until such order is modified or vacated at a hearing before the 34 commission or by a court ; or . 35 -39- LSB 2260HC (1) 89 lh/ns 39/ 78
H.F. _____ c. The director, with the approval of the commission, may 1 request the attorney general to institute legal proceedings 2 pursuant to section 455B.191 or 459.604 . 3 2. Notwithstanding the limitations on civil and criminal 4 penalty amounts in sections 331.302 and 331.307 , a county that 5 has entered into an agreement with the department pursuant to 6 sections 455B.174 and 455B.183 regarding the construction of 7 semipublic sewage disposal systems may assess civil penalties 8 in amounts consistent with and not exceeding the amounts 9 established for such penalties under this division subchapter 10 III . 11 Sec. 92. Section 455B.177, subsection 1, Code 2021, is 12 amended to read as follows: 13 1. The general assembly finds and declares that because 14 the federal Water Pollution Control Act provides for a permit 15 system to regulate the discharge of pollutants into the waters 16 of the United States and provides that permits may be issued 17 by states which are authorized to implement that Act, it is 18 in the interest of the people of Iowa to enact this part 1 of 19 this division subchapter III in order to authorize the state to 20 implement the federal Water Pollution Control Act, and federal 21 regulations and guidelines issued pursuant to that Act. 22 Sec. 93. Section 455B.179, Code 2021, is amended to read as 23 follows: 24 455B.179 Trade secrets protected. 25 Upon a satisfactory showing by any person to the director 26 that public disclosure of any record, report, permit, permit 27 application, or other document or information or part thereof 28 would divulge methods or processes entitled to protection 29 as a trade secret, any such record, report, permit, permit 30 application, or other document or part thereof other than 31 effluent data and analytical results of monitoring of public 32 water supply systems, shall be accorded confidential treatment. 33 Notwithstanding the provisions of chapter 22 , a person in 34 connection with duties or employment by the department shall 35 -40- LSB 2260HC (1) 89 lh/ns 40/ 78
H.F. _____ not make public any information accorded confidential status; 1 however, any such record or other information accorded 2 confidential status may be disclosed or transmitted to other 3 officers, employees, or authorized representatives of this 4 state or the United States concerned with carrying out this 5 part 1 of this division subchapter III ; chapter 459, subchapter 6 III ; or chapter 459A ; or when relevant in any proceeding under 7 this part 1 of this division subchapter III ; chapter 459, 8 subchapter III ; or chapter 459A . 9 Sec. 94. Section 455B.182, Code 2021, is amended to read as 10 follows: 11 455B.182 Failure constitutes contempt. 12 Failure to obey any order issued by the department with 13 reference to a violation of this part 1 of this division 14 subchapter III ; chapter 459, subchapter III ; chapter 459A ; 15 chapter 459B ; or any rule promulgated or permit issued pursuant 16 thereto shall constitute prima facie evidence of contempt. In 17 such event the department may certify to the district court 18 of the county in which such alleged disobedience occurred 19 the fact of such failure. The district court after notice, 20 as prescribed by the court, to the parties in interest shall 21 then proceed to hear the matter and if it finds that the order 22 was lawful and reasonable, it shall order the party to comply 23 with the order. If the person fails to comply with the court 24 order, that person shall be guilty of contempt and shall be 25 fined not to exceed five hundred dollars for each day that the 26 person fails to comply with the court order. The penalties 27 provided in this section shall be considered as additional 28 to any penalty which may be imposed under the law relative 29 to nuisances or any other statute relating to the pollution 30 of any waters of the state or related to public water supply 31 systems and a conviction under this section shall not be a bar 32 to prosecution under any other penal statute. 33 Sec. 95. Section 455B.183A, subsection 1, Code 2021, is 34 amended to read as follows: 35 -41- LSB 2260HC (1) 89 lh/ns 41/ 78
H.F. _____ 1. A water quality protection fund is created in the 1 state treasury under the control of the department. The fund 2 consists of moneys appropriated to the fund by the general 3 assembly, moneys deposited into the fund from fees described 4 in subsection 2 , moneys deposited into the fund from fees 5 collected pursuant to sections 455B.187 and 455B.190A , and 6 other moneys available to and obtained or accepted by the 7 department from the United States government or private sources 8 for placement in the fund. The fund is divided into the public 9 water supply system account and the private water supply system 10 account. Moneys in the public water supply system account are 11 appropriated to the department for purposes of carrying out 12 the provisions of this division subchapter III , which relate 13 to the administration, regulation, and enforcement of the 14 federal Safe Drinking Water Act, and to support the program to 15 assist supply systems, as provided in section 455B.183B . Moneys 16 in the private water supply system account are appropriated 17 to the department for the purpose of supporting the programs 18 established to protect private drinking water supplies 19 as provided in sections 455B.187 , 455B.188 , 455B.190 , and 20 455B.190A . 21 Sec. 96. Section 455B.183C, Code 2021, is amended to read 22 as follows: 23 455B.183C Personnel —— department of management. 24 Notwithstanding any limitation upon the department’s 25 number of full-time equivalent positions as defined in 26 section 8.36A , any point limitation on personnel, or any other 27 limitation upon the number of personnel or their employment 28 classification, imposed by the department of management, the 29 department may employ the number of full-time equivalent 30 positions which equals the number of positions allocated by the 31 general assembly to the department for each applicable fiscal 32 year in order to carry out the provisions of this division 33 subchapter III relating to the administration, regulation, 34 and enforcement of the federal Safe Drinking Water Act and 35 -42- LSB 2260HC (1) 89 lh/ns 42/ 78
H.F. _____ the program to assist supply systems, but only to the extent 1 that moneys used to support the positions derive from moneys 2 deposited in the water quality protection fund, as provided 3 in section 455B.183A . If a specific number of full-time 4 equivalent positions are not allocated by the general assembly, 5 the department may fill any number of positions required 6 to administer the program, to the extent the positions are 7 supported by the fund. 8 Sec. 97. Section 455B.191, subsections 2, 4, 5, and 6, Code 9 2021, are amended to read as follows: 10 2. Any person who violates any provision of this part 1 11 of division subchapter III of this chapter or any permit, 12 rule, standard, or order issued under this part 1 of division 13 subchapter III of this chapter shall be subject to a civil 14 penalty not to exceed five thousand dollars for each day of 15 such violation. 16 4. Any person who knowingly makes any false statement, 17 representation, or certification in any application, record, 18 report, plan or other document filed or required to be 19 maintained under this part 1 of division subchapter III of this 20 chapter , or who falsifies, tampers with , or knowingly renders 21 inaccurate any monitoring device or method required to be 22 maintained under this part 1 of division subchapter III of this 23 chapter or by any permit, rule, regulation, or order issued 24 under this part 1 of division subchapter III of this chapter , 25 shall upon conviction be punished by a fine of not more than 26 ten thousand dollars or by imprisonment in the county jail for 27 not more than six months or by both such fine and imprisonment. 28 5. The attorney general shall, at the request of the 29 director with approval of the commission, institute any 30 legal proceedings, including an action for an injunction or 31 a temporary injunction, necessary to enforce the penalty 32 provisions of this part 1 of division subchapter III of this 33 chapter or to obtain compliance with the provisions of this 34 part 1 of division subchapter III of this chapter or any rules 35 -43- LSB 2260HC (1) 89 lh/ns 43/ 78
H.F. _____ promulgated or any provision of any permit issued under this 1 part 1 of division subchapter III of this chapter . In any such 2 action, any previous findings of fact of the director or the 3 commission after notice and hearing shall be conclusive if 4 supported by substantial evidence in the record when the record 5 is viewed as a whole. 6 6. In all proceedings with respect to any alleged violation 7 of the provisions of this part 1 of division subchapter III or 8 any rule established by the commission or the department, the 9 burden of proof shall be upon the commission or the department 10 except in an action for contempt as provided in section 11 455B.182 . 12 Sec. 98. Section 455B.192, Code 2021, is amended to read as 13 follows: 14 455B.192 Local government —— penalties. 15 Notwithstanding sections 331.302 , 331.307 , 364.3 , and 16 364.22 , a city or county may assess a civil penalty for a 17 violation of this division subchapter III which is equal to the 18 amount the department has assessed for a violation under this 19 division subchapter III . 20 Sec. 99. Section 455B.219, subsection 8, Code 2021, is 21 amended to read as follows: 22 8. Willful or repeated violations of division this 23 subchapter III of this chapter . 24 Sec. 100. Section 455B.224, Code 2021, is amended to read 25 as follows: 26 455B.224 Simple misdemeanor. 27 Any person, including any firm, corporation, municipal 28 corporation, or other governmental subdivision or agency, 29 violating any provisions of this part 2 of division subchapter 30 III or the rules adopted thereunder under this part after 31 written notice thereof by the executive director is guilty of a 32 simple misdemeanor. Each day of operation in such violation 33 of said this part or any rules adopted thereunder under this 34 part shall constitute a separate offense. It shall be the duty 35 -44- LSB 2260HC (1) 89 lh/ns 44/ 78
H.F. _____ of the appropriate county attorney to secure injunctions of 1 continuing violations of any provisions of said this part or 2 the rules adopted thereunder under this part . 3 Sec. 101. Section 455B.307, Code 2021, is amended to read 4 as follows: 5 455B.307 Dumping —— where prohibited —— penalty. 6 1. A private agency or public agency shall not dump or 7 deposit or permit the dumping or depositing of any solid waste 8 at any place other than a sanitary disposal project approved 9 by the director unless the agency has been granted a permit 10 by the department which allows the dumping or depositing 11 of solid waste on land owned or leased by the agency. The 12 department shall adopt rules regarding the permitting of this 13 activity which shall provide that the public interest is best 14 served, but which may be based upon criteria less stringent 15 than those regulating a public sanitary disposal project 16 provided that the rules adopted meet the groundwater protection 17 goal specified in section 455E.4 . The comprehensive plans 18 for these facilities may be varied in consideration of the 19 types of sanitary disposal practices, hydrologic and geologic 20 conditions, construction and operations characteristics, and 21 volumes and types of waste handled at the disposal site. The 22 director may issue temporary permits for dumping or disposal 23 of solid waste at disposal sites for which an application 24 for a permit to operate a sanitary disposal project has been 25 made and which have not met all of the requirements of part 1 26 of this division subchapter IV and the rules adopted by the 27 commission if a compliance schedule has been submitted by the 28 applicant specifying how and when the applicant will meet the 29 requirements for an operational sanitary disposal project and 30 the director determines the public interest will be best served 31 by granting such temporary permit. 32 2. The director may issue any order necessary to secure 33 compliance with or prevent a violation of the provisions of 34 this part 1 of division subchapter IV or the rules adopted 35 -45- LSB 2260HC (1) 89 lh/ns 45/ 78
H.F. _____ pursuant to the part. The attorney general shall, on request 1 of the department, institute any legal proceedings necessary 2 in obtaining compliance with an order of the commission or 3 the director or prosecuting any person for a violation of the 4 provisions of the part or rules issued pursuant to the this 5 part. 6 3. Any person who violates any provision of part 1 of this 7 division subchapter IV or any rule or any order adopted or 8 the conditions of any permit or order issued pursuant to part 9 1 of this division subchapter IV shall be subject to a civil 10 penalty, not to exceed five thousand dollars for each day of 11 such violation. 12 Sec. 102. Section 455B.307A, subsection 4, Code 2021, is 13 amended to read as follows: 14 4. This section shall not apply to the discarding of litter 15 regulated under chapter 455B, division subchapter IV, part 3, 16 and local littering ordinances. 17 Sec. 103. Section 455B.396, subsection 1, Code 2021, is 18 amended to read as follows: 19 1. Liability to the state under this part 4 or part 5 of 20 this division subchapter IV is a debt to the state. Liability 21 to a political subdivision under this part 4 of this division 22 subchapter IV is a debt to the political subdivision. The 23 debt, together with interest on the debt at the maximum 24 lawful rate of interest permitted pursuant to section 535.2, 25 subsection 3 , paragraph “a” , from the date costs and expenses 26 are incurred by the state or a political subdivision is a lien 27 on real property, except single and multifamily residential 28 property, on which the department incurs costs and expenses 29 creating a liability and owned by the persons liable under 30 this part 4 or part 5. To perfect the lien, a statement of 31 claim describing the property subject to the lien must be 32 filed within one hundred twenty days after the incurrence of 33 costs and expenses by the state or a political subdivision. 34 The statement shall be filed with, accepted by, and recorded 35 -46- LSB 2260HC (1) 89 lh/ns 46/ 78
H.F. _____ by the county recorder in the county in which the property 1 subject to the lien is located. The statement of claim may be 2 amended to include subsequent liabilities. To be effective, 3 the statement of claim shall be amended and filed within one 4 hundred twenty days after the occurrence of the event resulting 5 in the amendment. 6 Sec. 104. Section 455B.423, subsection 2, paragraph a, 7 subparagraph (3), Code 2021, is amended to read as follows: 8 (3) Emergency response activities as provided in part 4 of 9 this division subchapter IV . 10 Sec. 105. Section 455B.477, subsection 7, Code 2021, is 11 amended to read as follows: 12 7. The civil penalties or other damages or moneys recovered 13 by the state or the petroleum underground storage tank fund 14 in connection with a petroleum underground storage tank under 15 this part 8 of this division subchapter IV or chapter 455G 16 shall be credited to the fund created in section 455G.3 and 17 allocated between fund accounts according to the fund budget. 18 Any federal moneys, including but not limited to federal 19 underground storage tank trust fund moneys, received by the 20 state or the department of natural resources in connection 21 with a release occurring on or after May 5, 1989, or received 22 generally for underground storage tank programs on or after 23 May 5, 1989, shall be credited to the fund created in section 24 455G.3 and allocated between fund accounts according to the 25 fund budget, unless such use would be contrary to federal 26 law. The department shall cooperate with the board of the 27 Iowa comprehensive petroleum underground storage tank fund to 28 maximize the state’s eligibility for and receipt of federal 29 funds for underground storage tank related purposes. 30 Sec. 106. Section 455B.751, unnumbered paragraph 1, Code 31 2021, is amended to read as follows: 32 As used in this division subchapter X , unless the context 33 otherwise requires: 34 Sec. 107. Section 455B.754, Code 2021, is amended to read 35 -47- LSB 2260HC (1) 89 lh/ns 47/ 78
H.F. _____ as follows: 1 455B.754 Legal responsibility. 2 This division subchapter X shall not be interpreted to 3 affect the legal responsibility to the state to conduct 4 response actions under any applicable state law. This division 5 subchapter X shall not be interpreted to affect or provide 6 immunity from any criminal liability. 7 Sec. 108. Section 455B.801, Code 2021, is amended to read 8 as follows: 9 455B.801 Short title. 10 This division subchapter XI shall be known and may be cited 11 as the “Mercury-Free Recycling Act” . 12 Sec. 109. Section 455B.802, unnumbered paragraph 1, Code 13 2021, is amended to read as follows: 14 As used in this division subchapter XI , unless the context 15 otherwise requires: 16 Sec. 110. Section 455B.803, subsection 2, paragraph b, 17 subparagraph (9), Code 2021, is amended to read as follows: 18 (9) The program shall not include inaccessible 19 mercury-added switches from end-of-life vehicles with 20 significant damage to the vehicle in the area surrounding the 21 mercury-added switch location. All accessible mercury-added 22 switches are expected to be collected under the provisions of 23 this division subchapter XI . 24 Sec. 111. Section 455B.803, subsection 2, paragraph e, Code 25 2021, is amended to read as follows: 26 e. On July 1, 2020, the commission shall cease enforcement 27 of the removal, collection, and recovery plans under this 28 section . On or before July 1, 2020, the commission shall 29 review the mercury-added switch removal, collection, and 30 recovery portion of this division subchapter XI and submit a 31 recommendation to the general assembly regarding the necessity 32 of continuing the enforcement of the removal, collection, and 33 recovery plans under this section . 34 Sec. 112. Section 455B.805, Code 2021, is amended to read 35 -48- LSB 2260HC (1) 89 lh/ns 48/ 78
H.F. _____ as follows: 1 455B.805 General compliance with other provisions. 2 Except as expressly provided in this division subchapter XI , 3 compliance with this division subchapter XI shall not exempt a 4 person from compliance with any other law. 5 Sec. 113. Section 455B.806, Code 2021, is amended to read 6 as follows: 7 455B.806 Regulations. 8 The commission shall adopt rules pursuant to chapter 17A 9 as necessary to implement the provisions of this division 10 subchapter XI . 11 Sec. 114. Section 455B.807, subsection 2, Code 2021, is 12 amended to read as follows: 13 2. Publication of all required plans, information, reports, 14 and educational materials under this division subchapter XI 15 shall be through no less than two types of media available to 16 the general public. One medium must be available twenty-four 17 hours per day, seven days per week, and maintained with current 18 information. Acceptable types of media include but are not 19 limited to internet sites, periodicals, journals, and other 20 publicly available media in the state. 21 Sec. 115. Section 458A.21, subsection 1, Code 2021, is 22 amended to read as follows: 23 1. The state, counties , and cities , and other political 24 subdivisions may lease publicly owned lands under their 25 respective jurisdictions for the purpose of oil or gas or 26 metallic minerals exploration and production. Any such leases 27 shall be entered into on behalf of the state by the executive 28 council, on behalf of a county by the board of supervisors, 29 on behalf of a city by the council , and on behalf of another 30 political subdivision by the governing body. The leases shall 31 be upon terms and conditions as agreed upon. 32 Sec. 116. Section 458A.25, Code 2021, is amended to read as 33 follows: 34 458A.25 Liens for labor or materials and of contractor and 35 -49- LSB 2260HC (1) 89 lh/ns 49/ 78
H.F. _____ subcontractor —— manner of perfecting liens —— enforcement of 1 liens. 2 Provisions of chapter 572 as to mechanic’s liens or labor 3 and materials furnished for improvements on real estate and 4 of contractors and subcontractors shall apply to labor and 5 materials furnished for gas or oil wells, or pipe lines , and 6 such . The liens shall not attach on the real estate, but shall 7 attach to the whole of the lease held, and upon the gas or oil 8 wells, buildings and appurtenances, and pipe lines for which 9 said labor or materials were furnished, and shall be perfected 10 and enforced as provided by said chapter 572 . 11 Sec. 117. Section 459.202, subsection 1, paragraph b, 12 unnumbered paragraph 1, Code 2021, is amended to read as 13 follows: 14 The following table represents the minimum separation 15 distance in feet required between a confinement feeding 16 operation structure and a residence not owned by the owner of 17 the confinement feeding operation, or a commercial enterprise, 18 a bona fide religious institution, or an educational 19 institution: 20 Sec. 118. Section 459.202, subsection 2, paragraph b, 21 unnumbered paragraph 1, Code 2021, is amended to read as 22 follows: 23 The following table