Senate Study Bill 3110 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON ZAUN) 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 5765SC (3) 89 lh/ns
S.F. _____ DIVISION I 1 MISCELLANEOUS CHANGES 2 Section 1. Section 7A.3, subsection 1, paragraph h, Code 3 2022, is amended to read as follows: 4 h. Director of the department of natural resources. 5 Sec. 2. Section 9G.1, Code 2022, is amended to read as 6 follows: 7 9G.1 Records. 8 The books and records of the land office shall be so kept 9 as to show and preserve an accurate chain of title from 10 the general government to the purchaser of each smallest 11 subdivision of land; to preserve a permanent record, in 12 books suitably indexed, of all correspondence with any of the 13 departments of the general government in relation to state 14 lands; and to preserve, by proper records, copies of the 15 original lists furnished by the selecting agents of the state, 16 and of all other papers in relation to such lands which are of 17 permanent interest. 18 Sec. 3. Section 9G.6, subsection 1, Code 2022, is amended 19 to read as follows: 20 1. Patents shall not be issued for any lands belonging to 21 the state, except upon the certificate of the person or officer 22 specially charged with the custody of the patents, setting 23 forth the appraised value per acre, the name of the person to 24 whom sold, the date of sale, the price per acre, the amount 25 paid, the name of the person making final payment, and the name 26 of the person who is entitled to the patent. If a person is 27 entitled to a patent due to an assignment from the original 28 purchaser, the certificate shall set forth fully the assignment 29 and shall be filed and preserved in the land office. 30 Sec. 4. Section 10.1, subsection 9, paragraph b, Code 2022, 31 is amended to read as follows: 32 b. As used in paragraph “a” , a type of membership interest 33 in a limited liability company includes any of the following: 34 a protected series as provided in chapter 489, article 14 . 35 -1- LSB 5765SC (3) 89 lh/ns 1/ 61
S.F. _____ Sec. 5. Section 15.271, subsection 1, paragraph d, Code 1 2022, is amended to read as follows: 2 d. Facilities and programs are needed where travelers 3 can obtain information about travel and hospitality 4 services, tourism tourist attractions, parks and recreation 5 opportunities, cultural and natural resources, and the state 6 in general. 7 Sec. 6. Section 15F.403, subsection 2, paragraph c, Code 8 2022, is amended to read as follows: 9 c. The authority may use not more than five percent of the 10 money moneys in the fund at the beginning of each fiscal year 11 for purposes of administrative costs, technical assistance, and 12 other program support. 13 Sec. 7. Section 15J.5, subsection 1, paragraph b, 14 subparagraph (2), Code 2022, is amended to read as follows: 15 (2) For districts established on or after July 1, 2020, the 16 amount of new state sales tax revenue for purposes of paragraph 17 “a” shall be the product of four percent times the remainder 18 of the amount of sales subject to the state sales tax in the 19 district during the quarter from new retail establishments 20 minus the sum of the sales from the corresponding quarter 21 of the twelve-month period determined under section 15J.4, 22 subsection 4 , paragraph “b” , subparagraph (1), for new retail 23 establishments identified under section 15J.4, subsection 4 , 24 paragraph “b” , subparagraph (1), that were in operation at the 25 end of the quarter. 26 Sec. 8. Section 16.79A, subsection 1, paragraph b, Code 27 2022, is amended to read as follows: 28 b. The tax credit is allowed regardless of whether the 29 principle principal agricultural asset is soil, pasture, or a 30 building or other structure used in farming. 31 Sec. 9. Section 17A.7, subsection 1, Code 2022, is amended 32 to read as follows: 33 1. An interested person may petition an agency requesting 34 the adoption, amendment, or repeal of a rule. Each agency 35 -2- LSB 5765SC (3) 89 lh/ns 2/ 61
S.F. _____ shall prescribe by rule the form for petitions and the 1 procedure for their submission, consideration, and disposition. 2 Within sixty days after submission of a petition, the agency 3 either shall deny the petition in writing on the merits, 4 stating its reasons for the denial, or initiate rulemaking 5 proceedings in accordance with section 17A.4 , or adopt a rule 6 if it is not required to be filed according to the procedures 7 of section 17A.4, subsection 1 . The agency shall submit 8 the petition and the disposition of the petition to the 9 administrative rules review committee. 10 Sec. 10. Section 29B.4, subsection 1, Code 2022, is amended 11 to read as follows: 12 1. Apprehension “Apprehension” is the taking of a person 13 into custody. Any person authorized by this code, or by 14 regulations issued under it, to apprehend persons subject to 15 this code, any marshal of a court-martial appointed pursuant to 16 the provisions of this code, and any peace officer authorized 17 to do so by law, may do so upon reasonable belief that an 18 offense has been committed and that the person apprehended 19 committed it. 20 Sec. 11. Section 39.28, Code 2022, is amended to read as 21 follows: 22 39.28 Actions —— intervention. 23 1. A political party, as defined in section 43.2 , or a 24 nonparty political organization organized pursuant to chapter 25 44 , may intervene in a proceeding under chapter 17A or an 26 action filed in the district court, court of appeals, or 27 supreme court to challenge a provision of this chapter and 28 chapters 39 39A through 62 or a rule adopted to implement such 29 a provision. 30 2. A political party, as defined in section 43.2 , or a 31 nonparty political organization organized pursuant to chapter 32 44 , may petition the district court to modify or vacate an 33 injunction against the enforcement of a provision of this 34 chapter and chapters 39 39A through 62 . A denial of a petition 35 -3- LSB 5765SC (3) 89 lh/ns 3/ 61
S.F. _____ to modify or vacate an injunction is appealable as a matter of 1 right as a final judgment. 2 Sec. 12. Section 41.1, subsections 19, 40, and 97, Code 3 2022, are amended to read as follows: 4 19. The nineteenth representative district in Pottawattamie 5 county shall consist of that portion of the city of Council 6 Bluffs bounded by a line commencing at the point the corporate 7 limits of the city of Council Bluffs and the boundary of 8 the state of Iowa intersects Interstate 480, and proceeding 9 easterly along Interstate 480 to U.S. highway 6, and proceeding 10 easterly along U.S. highway 6 to West Broadway, and proceeding 11 easterly along West Broadway to South Twenty-fourth street, 12 and proceeding southerly along South Twenty-fourth street 13 to Ninth avenue, and proceeding easterly along Ninth avenue 14 to South Seventeenth street, and proceeding southerly 15 along South Seventeenth street to Sixteenth avenue, and 16 proceeding easterly along Sixteenth avenue to Indian creek, 17 and proceeding southerly along Indian creek to Twenty-third 18 avenue, and proceeding easterly along Twenty-third avenue 19 to South Thirteenth street, and proceeding northerly along 20 South Thirteenth street to Twenty-first avenue, and proceeding 21 easterly along Twenty-first avenue to South Eleventh street, 22 and proceeding northerly along South Eleventh street to 23 Twentieth avenue, and proceeding easterly along Twentieth 24 avenue to South Seventh street, and proceeding northerly along 25 South Seventh street to Sixteenth avenue, and proceeding 26 easterly along Sixteenth avenue to Harry Langdon boulevard, and 27 proceeding southerly along Harry Langdon boulevard to Tostevin 28 street, and proceeding northerly along Tostevin street to 29 West Graham avenue, and proceeding easterly along West Graham 30 avenue to Fairmount avenue, and proceeding northerly along 31 Fairmount avenue to Fifteenth avenue, and proceeding westerly 32 along Fifteenth avenue to High street, and proceeding northerly 33 along High street to Ninth avenue, and proceeding westerly 34 along Ninth avenue to South Third street, and proceeding 35 -4- LSB 5765SC (3) 89 lh/ns 4/ 61
S.F. _____ northerly along South Third street to Fifth avenue, and 1 proceeding easterly along Fifth avenue to Glen avenue, and 2 proceeding northerly along Glen avenue to Pomona street, and 3 proceeding easterly along Pomona street to Park avenue, and 4 proceeding northerly along Park avenue to West Pierce street, 5 and proceeding easterly along West Pierce street to South First 6 street, and proceeding northerly along South First street to 7 East Broadway, and proceeding easterly along East Broadway to 8 Union street, and proceeding southerly along Union street to 9 East Pierce street, and proceeding northerly along East Pierce 10 street to Frank street, and proceeding westerly along Frank 11 street to East Broadway, and proceeding northerly along East 12 Broadway to Ridge street, and proceeding northerly along Ridge 13 street to North Broadway, and proceeding northerly along North 14 Broadway to West Oak street, and proceeding westerly along West 15 Oak street to East Washington avenue, and proceeding northerly 16 along East Washington avenue to Norton avenue, and proceeding 17 easterly along Norton avenue to Creek Frontage street, and 18 proceeding southerly along Creek Frontage street to Hunter 19 avenue, and proceeding easterly along Hunter avenue to North 20 Broadway, and proceeding northerly along North Broadway to the 21 corporate limits of the city of Council Bluffs, and proceeding 22 first east, then in a clockwise manner along the corporate 23 limits of the city of Council Bluffs to nonvisible boundary 24 (TLID:652017148), and proceeding westerly along nonvisible 25 boundary (TLID:652017148) to Iowa Interstate Railroad, and 26 proceeding southerly along Iowa Interstate Railroad to the 27 corporate limits of the city of Council Bluffs, and proceeding 28 easterly along the corporate limits of the city of Council 29 Bluffs to Greenview road, and proceeding easterly along 30 Greenview road to the corporate limits of the city of Council 31 Bluffs, and proceeding westerly, then in a clockwise manner 32 along the corporate limits of the city of Council Bluffs to the 33 point of beginning origin . 34 40. The fortieth representative district in Polk county 35 -5- LSB 5765SC (3) 89 lh/ns 5/ 61
S.F. _____ shall consist of that portion of Polk county bounded by 1 a line commencing at the point the corporate limits of 2 the city of Des Moines intersect Northeast Eighth street, 3 and proceeding northerly along Northeast Eighth street to 4 Northeast Forty-fourth avenue, and proceeding westerly along 5 Northeast Forty-fourth avenue to Northeast Seventh street, 6 and proceeding northerly along Northeast Seventh street to 7 Northeast Forty-seventh place, and proceeding westerly along 8 Northeast Forty-seventh place to Northeast Third street, and 9 proceeding northerly along Northeast Third street to Northeast 10 Forty-eighth place, and proceeding westerly along Northeast 11 Forty-eighth place and its extension to Northwest Second 12 street, and proceeding northerly along Northwest Second street 13 to the boundary of Crocker township, and proceeding east along 14 the boundary of Crocker township to the corporate limits of 15 the city of Ankeny, and proceeding north, then in a clockwise 16 manner along the corporate limits of the city of Ankeny to 17 Southwest Ankeny road, and proceeding northerly along Southwest 18 Ankeny road to Southwest Twin Gates drive, and proceeding 19 northerly along Southwest Twin Gates drive to Southwest Ankeny 20 road, and proceeding easterly along Southwest Ankeny road to 21 Southwest Snyder boulevard, and proceeding northerly along 22 Southwest Snyder boulevard to Southwest Oralabor road, and 23 proceeding easterly along Southwest Oralabor road to Southeast 24 Oralabor road, and proceeding easterly along Southeast Oralabor 25 road to Northeast Seventy-eighth avenue, and proceeding 26 easterly along Northeast Seventy-eighth avenue to Northeast 27 Nineteenth lane, and proceeding southerly along Northeast 28 Nineteenth lane to the corporate limits of the city of Ankeny, 29 and proceeding south, then in a counterclockwise manner along 30 the corporate limits of the city of Ankeny to the boundary of 31 Saylor township, and proceeding east along the boundary of 32 Saylor township to the corporate limits of the city of Ankeny, 33 and proceeding east, then in a counterclockwise manner along 34 the corporate limits of the city of Ankeny to the boundary of 35 -6- LSB 5765SC (3) 89 lh/ns 6/ 61
S.F. _____ Douglas township, and proceeding east along the boundary of 1 Douglas township to the intersection of Northeast Sixty-fourth 2 street and the corporate limits of the city of Bondurant, and 3 proceeding south, and in a counterclockwise manner along the 4 corporate limits of the city of Bondurant to the north boundary 5 of Clay township, and proceeding east, then in a clockwise 6 manner along the boundary of Clay township to the corporate 7 limits of the city of Pleasant Hill, and proceeding north, then 8 in a counterclockwise manner along the corporate limits of the 9 city of Pleasant Hill to the corporate limits of the city of 10 Altoona, and proceeding west, then in a clockwise manner along 11 the corporate limits of the city of Altoona to the boundary of 12 Delaware township, and proceeding south along the boundary of 13 Delaware township to the corporate limits of the city of Des 14 Moines, and proceeding westerly, then in a counterclockwise 15 manner along the corporate limits of the city of Des Moines 16 to the west boundary of Lee township, and proceeding north, 17 then in a counterclockwise manner along the boundary of Lee 18 township to the corporate limits of the city of Des Moines, 19 and proceeding west, then in a counterclockwise manner along 20 the corporate limits of the city of Des Moines to the point of 21 origin. 22 97. The ninety-seventh district in Scott county contains 23 that portion of the city of Davenport bounded by a line 24 commencing at the point of intersection of the boundary of 25 the state of Iowa and the Arsenal bridge, and proceeding 26 northerly along the Arsenal bridge to Leclaire street, and 27 proceeding northerly along Leclaire street to Iowa street, 28 and proceeding northerly along Iowa street to East Sixth 29 street, and proceeding westerly along East Sixth street to 30 West Sixth street, and proceeding westerly along West Sixth 31 street to North Gaines street, and proceeding northerly along 32 North Gaines street to West Eleventh street, and proceeding 33 westerly along West Eleventh street to Warren street, and 34 proceeding southerly along Warren street to West Tenth street, 35 -7- LSB 5765SC (3) 89 lh/ns 7/ 61
S.F. _____ and proceeding westerly along West Tenth street to Vine street, 1 and proceeding northerly along Vine street to West Twelfth 2 street, and proceeding westerly along West Twelfth street to 3 Washington street, and proceeding northerly along Washington 4 street to West Fifteenth street, and proceeding easterly 5 along West Fifteenth street to North Marquette street, and 6 proceeding northerly along North Marquette street to West 7 Fifteenth street, and proceeding easterly along West Fifteenth 8 street to Warren street, and proceeding northerly along Warren 9 street to West Rusholme street, and proceeding easterly along 10 West Rusholme street to North Harrison street, and proceeding 11 northerly along North Harrison street to West Central Park 12 avenue, and proceeding westerly along West Central Park avenue 13 to North Marquette street, and proceeding northerly along 14 North Marquette street to West Garfield street, and proceeding 15 westerly along West Garfield street to North Division street, 16 and proceeding northerly along North Division street to West 17 Thirty-eighth street, and proceeding easterly along West 18 Thirty-eighth street to North Marquette street, and proceeding 19 northerly along North Marquette street to West Kimberly road, 20 and proceeding easterly along West Kimberly road to Northwest 21 boulevard, and proceeding westerly along Northwest boulevard 22 to West Fifty-third street, and proceeding easterly along West 23 Fifty-third street to North Marquette street, and proceeding 24 northerly along North Marquette street to West Fifty-seventh 25 street, and proceeding easterly along West Fifty-seventh street 26 to Vine street, and proceeding northerly along Vine street 27 to West Fifty-eighth street, and proceeding easterly along 28 West Fifty-eighth street to Appomattox road, and proceeding 29 southerly along Appomattox road to West Fifty-third street, 30 and proceeding easterly along West Fifty-third street to 31 East Fifty-third street, and proceeding easterly along East 32 Fifty-third street to Eastern avenue, and proceeding southerly 33 along Eastern avenue to East Kimberly road, and proceeding 34 easterly along East Kimberly road to Spring street, and 35 -8- LSB 5765SC (3) 89 lh/ns 8/ 61
S.F. _____ proceeding southerly along Spring street and its extension 1 to Duck creek, and proceeding easterly along Duck creek to 2 the corporate limits of the city of Davenport, and proceeding 3 southerly along the corporate limits of the city of Davenport 4 to the boundary of the state of Iowa, and proceeding westerly 5 along the boundary of the state of Iowa to the point of origin. 6 Sec. 13. Section 43.114, Code 2022, is amended to read as 7 follows: 8 43.114 Time of holding special charter city primary. 9 In special charter cities holding a city primary election 10 under the provisions of section 43.112 such section 43.112, the 11 primary shall be held on the first Tuesday in October of the 12 year in which regular city elections are held. 13 Sec. 14. Section 44.18, subsection 5, Code 2022, is amended 14 to read as follows: 15 5. Beginning in January 2011, and each odd-numbered year 16 thereafter, the registrar and the voter registration commission 17 may review the number of voters registered as affiliated with a 18 nonparty political organization. If the number of registrants, 19 including both active and inactive voters, is fewer than 20 150 one hundred fifty , the commission shall declare the 21 organization to be dormant for purposes of voter registration 22 and may revise the voter registration form and instructions and 23 electronic voter registration system to remove the organization 24 from the list of nonparty political organizations with which a 25 voter may register as affiliated. However, a change shall not 26 be made to the record of political affiliation of individual 27 registrants unless the registrant requests the change. 28 Sec. 15. Section 47.3, subsection 1, Code 2022, is amended 29 to read as follows: 30 1. The costs of conducting a special election called by the 31 governor, the general election, and the primary election held 32 prior to the general election shall be paid by the county. 33 Sec. 16. Section 73A.21, subsection 1, paragraph b, Code 34 2022, is amended to read as follows: 35 -9- LSB 5765SC (3) 89 lh/ns 9/ 61
S.F. _____ b. “Division” means the division of labor services of the 1 department of workforce development. 2 Sec. 17. Section 80D.2, Code 2022, is amended to read as 3 follows: 4 80D.2 Personal standards. 5 The director of the law enforcement academy with the 6 approval of the law enforcement academy council may establish 7 minimum standards of physical, educational, mental, and moral 8 fitness for members of the reserve force. 9 Sec. 18. Section 85.67, Code 2022, is amended to read as 10 follows: 11 85.67 Administration of fund —— special counsel —— payment of 12 award. 13 1. The attorney general shall appoint a staff member 14 to represent the treasurer of state and the fund in all 15 proceedings and matters arising under this subchapter . The 16 attorney general shall be reimbursed up to four hundred fifty 17 thousand dollars annually from the fund for services provided 18 related to the fund. The commissioner of insurance shall 19 consider the reimbursement to the attorney general as an 20 outstanding liability when making a determination of funding 21 availability under section 85.65A, subsection 2 . 22 2. In making an award under this subchapter , the workers’ 23 compensation commissioner shall specifically find the amount 24 the injured employee shall be paid weekly, the number of weeks 25 of compensation which shall be paid by the employer, the date 26 upon which payments out of the fund shall begin, and, if 27 possible, the length of time the payments shall continue. 28 Sec. 19. Section 89.3, subsection 5, paragraph a, 29 subparagraph (4), subparagraph division (a), Code 2022, is 30 amended to read as follows: 31 (a) The owner or user is a participant in good standing in 32 the Iowa occupational safety and health voluntary protection 33 program and has achieved star status within the program, which 34 is administered by the division of labor services in the 35 -10- LSB 5765SC (3) 89 lh/ns 10/ 61
S.F. _____ department of workforce development. 1 Sec. 20. Section 89.3, subsection 10, Code 2022, is amended 2 to read as follows: 3 10. An exhibition boiler does not require an annual 4 inspection certificate but special inspections may be requested 5 by the owner or an event’s management to be performed by the 6 commissioner. Upon the completion of an exhibition boiler 7 inspection a written condition report shall be prepared by 8 the commissioner regarding the condition of the exhibition 9 boiler’s boiler or pressure vessel. This report will be issued 10 to the owner and the management of all events at which the 11 exhibition boiler is to be operated. The event’s management is 12 responsible for the decision on whether the exhibition boiler 13 should be operated and shall inform the division of labor 14 services of the event’s management’s decision. The event’s 15 management is responsible for any injuries which result from 16 the operation of any exhibition boiler approved for use at the 17 event by the event’s management. A repair symbol, known as 18 the “R” stamp, is not required for repairs made to exhibition 19 boilers pursuant to the rules regarding inspections and repair 20 of exhibition boilers as adopted by the commissioner, pursuant 21 to chapter 17A . 22 Sec. 21. Section 91A.2, subsection 3, paragraph b, 23 unnumbered paragraph 1, Code 2022, is amended to read as 24 follows: 25 For the purposes of this chapter , the following persons 26 engaged in agriculture are not employees: 27 Sec. 22. Section 91C.1, subsection 3, paragraph a, Code 28 2022, is amended to read as follows: 29 a. The labor services division of the department of 30 workforce development and the Iowa department of public health 31 will work with stakeholders to develop a plan to combine the 32 contractor registration and contractor licensing application 33 process for contractors licensed under chapter 105 , to be 34 implemented in time for licensing renewals due July 1, 2017. 35 -11- LSB 5765SC (3) 89 lh/ns 11/ 61
S.F. _____ Effective July 1, 2017, a contractor licensed under chapter 1 105 shall register as a contractor under this chapter in 2 conjunction with the contractor licensing process. At no cost 3 to the labor services division, the department of public health 4 shall collect both the registration and licensing applications 5 as part of one combined application. The labor commissioner 6 shall design the contractor registration application form to 7 exclude from the division of labor’s labor services’ contractor 8 registration application process those contractors who are 9 also covered by chapter 105 . The labor commissioner is 10 authorized to adopt rules as needed to accomplish a merger of 11 the application systems including transitional registration 12 periods and fees. 13 Sec. 23. Section 91C.9, subsection 1, Code 2022, is amended 14 to read as follows: 15 1. A contractor registration revolving fund is created in 16 the state treasury. The revolving fund shall be administered 17 by the commissioner and shall consist of moneys collected 18 by the commissioner as fees. The commissioner shall remit 19 all fees collected pursuant to this chapter to the revolving 20 fund. The moneys in the revolving fund are appropriated to and 21 shall be used by the commissioner to pay the actual costs and 22 expenses necessary to perform the duties of the commissioner 23 and the division of labor services as described in this 24 chapter . All salaries and expenses properly chargeable to the 25 revolving fund shall be paid from the revolving fund. 26 Sec. 24. Section 96.1A, subsection 16, paragraph g, 27 subparagraph (3), subparagraph division (d), subparagraph 28 subdivision (iii), Code 2022, is amended to read as follows: 29 (iii) The provisions of subparagraph subdivisions (i) and 30 (ii) of this subparagraph division (d) of this subparagraph 31 shall not be deemed to be applicable with respect to 32 service performed in connection with commercial canning or 33 commercial freezing or in connection with any agricultural or 34 horticultural commodity after its delivery to a terminal market 35 -12- LSB 5765SC (3) 89 lh/ns 12/ 61
S.F. _____ for distribution for consumption. 1 Sec. 25. Section 96.7, subsection 2, paragraph d, 2 subparagraph (2), Code 2022, is amended to read as follows: 3 (2) (a) The highest benefit cost ratio is the highest of 4 the resulting ratios computed by dividing the total benefits 5 paid, excluding reimbursable benefits paid, during each 6 consecutive twelve-month period, during the ten-year period 7 ending on the computation date, by the total wages, excluding 8 reimbursable employment wages, paid in the four calendar 9 quarters ending nearest and prior to the last day of such 10 twelve-month period; however, the highest benefit cost ratio 11 shall not be less than .02. 12 (b) If the current reserve fund ratio, divided by the 13 highest benefit cost ratio: 14 Equals or But is The contribution rate 15 exceeds less than table in effect shall be 16 ____________________________________________________________ 17 —— 0.3 1 18 0.3 0.5 2 19 0.5 0.7 3 20 0.7 0.85 4 21 0.85 1.0 5 22 1.0 1.15 6 23 1.15 1.30 7 24 1.30 —— 8 25 (c) “Benefit ratio” means a number computed to six decimal 26 places on July 1 of each year obtained by dividing the average 27 of all benefits charged to an employer during the five periods 28 of four consecutive calendar quarters immediately preceding 29 the computation date by the employer’s average annual taxable 30 payroll. 31 (d) Each employer qualified for an experience rating 32 shall be assigned a contribution rate for each rate year 33 that corresponds to the employer’s benefit ratio rank in the 34 contribution rate table effective for the rate year from the 35 -13- LSB 5765SC (3) 89 lh/ns 13/ 61
S.F. _____ following contribution rate tables. Each employer’s benefit 1 ratio rank shall be computed by listing all the employers 2 by increasing benefit ratios, from the lowest benefit ratio 3 to the highest benefit ratio and grouping the employers so 4 listed into twenty-one separate ranks containing as nearly as 5 possible four and seventy-six hundredths percent of the total 6 taxable wages, excluding reimbursable employment wages, paid in 7 covered employment during the four completed calendar quarters 8 immediately preceding the computation date. If an employer’s 9 taxable wages qualify the employer for two separate benefit 10 ratio ranks the employer shall be afforded the benefit ratio 11 rank assigned the lower contribution rate. Employers with 12 identical benefit ratios shall be assigned to the same benefit 13 ratio rank. 14 Approximate Contribution Rate Tables 15 Benefit Cumulative 16 Ratio Taxable 17 Rank Payroll Limit 1 2 3 4 5 6 7 8 18 1 4.8% 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 19 2 9.5% 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 20 3 14.3% 0.1 0.1 0.1 0.1 0.1 0.0 0.0 0.0 21 4 19.0% 0.4 0.3 0.3 0.2 0.1 0.1 0.1 0.1 22 5 23.8% 0.6 0.5 0.4 0.3 0.3 0.2 0.1 0.1 23 6 28.6% 0.9 0.8 0.6 0.5 0.4 0.3 0.2 0.1 24 7 33.3% 1.2 1.0 0.8 0.6 0.5 0.4 0.3 0.2 25 8 38.1% 1.5 1.3 1.0 0.8 0.6 0.5 0.3 0.2 26 9 42.8% 1.9 1.5 1.2 0.9 0.7 0.6 0.4 0.3 27 10 47.6% 2.1 1.8 1.4 1.1 0.8 0.6 0.5 0.3 28 11 52.4% 2.5 2.0 1.6 1.3 1.0 0.7 0.5 0.3 29 12 57.1% 3.0 2.4 1.9 1.5 1.1 0.9 0.6 0.4 30 13 61.9% 3.6 2.9 2.4 1.8 1.4 1.1 0.8 0.5 31 14 66.6% 4.4 3.6 2.9 2.2 1.7 1.3 1.0 0.6 32 15 71.4% 5.3 4.3 3.5 2.7 2.0 1.6 1.1 0.7 33 16 76.2% 6.3 5.2 4.1 3.2 2.4 1.9 1.4 0.9 34 17 80.9% 7.0 6.4 5.2 4.0 3.0 2.3 1.7 1.1 35 18 85.7% 7.5 7.5 7.0 5.4 4.1 3.1 2.3 1.5 36 19 90.4% 8.0 8.0 8.0 7.3 5.6 4.2 3.1 2.0 37 20 95.2% 8.5 8.5 8.5 8.0 7.6 5.8 4.3 2.8 38 21 100.0% 9.0 9.0 9.0 9.0 8.5 8.0 7.5 7.0 39 Sec. 26. Section 96.14, subsection 3, paragraph j, Code 40 2022, is amended to read as follows: 41 j. The courts of this state shall recognize and enforce 42 liabilities for unemployment contributions, penalties, 43 -14- LSB 5765SC (3) 89 lh/ns 14/ 61
S.F. _____ interest, and benefit overpayments imposed by other states 1 which extend a like comity to this state. The department may 2 sue in the courts of any other jurisdiction which extends 3 such comity to collect unemployment contributions, penalties, 4 interest, and benefit overpayments due this state. The 5 officials of other states which, by statute or otherwise, 6 extend a like comity to this state may sue in the district 7 court to collect for such contributions, penalties, interest, 8 and benefit overpayments. In any such case the director, as 9 agent for and on behalf of any other state, may institute 10 and conduct such suit for such other state. Venue of such 11 proceedings shall be the same as for actions to collect 12 delinquent contributions, penalties, interest, and benefit 13 overpayments due under this chapter . A certificate by the 14 secretary of any such state attesting the authority of such 15 official to collect the contributions, penalties, interest, and 16 benefit overpayments , is conclusive evidence of such authority. 17 The requesting state shall pay the court costs. 18 Sec. 27. Section 96.14, subsection 8, Code 2022, is amended 19 to read as follows: 20 8. Manner of service. Plaintiff in any such action shall 21 cause the original notice of suit to be served as follows by 22 doing all of the following : 23 a. By filing Filing a copy of said the original notice of 24 suit with said the secretary of state, together with a fee of 25 four dollars , and . 26 b. By mailing Mailing to the defendant, and to each of the 27 defendants if more than one, within ten days after said filing 28 the notice with the secretary of state, by restricted certified 29 mail addressed to the defendant at the defendant’s last known 30 residence or place of abode, a notification of the said filing 31 with the secretary of state. 32 Sec. 28. Section 96.14, subsection 9, Code 2022, is amended 33 to read as follows: 34 9. Notification to nonresident —— form. The notification, 35 -15- LSB 5765SC (3) 89 lh/ns 15/ 61
S.F. _____ provided for in subsection 7 , shall be in substantially the 1 following form , to wit : 2 To ...... (Here insert the name of each defendant and 3 the defendant’s residence or last known place of abode as 4 definitely as known.) 5 You will take notice that an original notice of suit against 6 you, a copy of which is hereto attached, was duly served upon 7 you at Des Moines, Iowa, by filing a copy of said notice on the 8 ... day of .... (month), .. (year), with the secretary of 9 state of the state of Iowa. 10 Dated at ...... , Iowa, this ... day of .... (month), .. 11 (year). 12 ......... 13 Plaintiff. 14 By ....... 15 Attorney for Plaintiff. 16 Sec. 29. Section 96.14, subsection 13, Code 2022, is amended 17 to read as follows: 18 13. Venue of actions. Actions against nonresidents as 19 contemplated by this law may be brought in Polk county , or in 20 the county in which such services were performed. 21 Sec. 30. Section 97A.6, subsection 11, paragraphs b and c, 22 Code 2022, are amended to read as follows: 23 b. Notwithstanding paragraph “a” , any workers’ compensation 24 benefits received by a member for past medical expenses or 25 future medical expenses shall not be offset against and not or 26 considered payable in lieu of any retirement allowance payable 27 pursuant to this section on account of the same disability. 28 c. Notwithstanding paragraph “a” , any workers’ compensation 29 benefits received by a member for reimbursement of vacation 30 time used, sick time used, or for any unpaid time off from 31 work shall not be offset against and not or considered payable 32 in lieu of any retirement allowance payable pursuant to this 33 section on account of the same disability. 34 Sec. 31. Section 97B.50A, subsection 5, paragraphs b and c, 35 -16- LSB 5765SC (3) 89 lh/ns 16/ 61
S.F. _____ Code 2022, are amended to read as follows: 1 b. Notwithstanding paragraph “a” , any workers’ compensation 2 benefits received by a member for past medical expenses or 3 future medical expenses shall not be offset against and not or 4 considered payable in lieu of any retirement allowance payable 5 pursuant to this section on account of the same disability. 6 c. Notwithstanding paragraph “a” , any workers’ compensation 7 benefits received by a member for reimbursement of vacation 8 time used, sick time used, or for any unpaid time off from 9 work shall not be offset against and not or considered payable 10 in lieu of any retirement allowance payable pursuant to this 11 section on account of the same disability. 12 Sec. 32. Section 99G.36, subsection 3, unnumbered paragraph 13 1, Code 2022, is amended to read as follows: 14 A person who knowingly or intentionally passes a lottery 15 ticket or share in order to avoid the application of an offset 16 under section 99G.41 commits is guilty of the following: 17 Sec. 33. Section 100.31, subsection 3, Code 2022, is amended 18 to read as follows: 19 3. The state fire marshal or the fire marshal’s deputies 20 shall cause each public or private school, college , or 21 university to be inspected at least once every two years to 22 determine whether each school meets the fire safety standards 23 of this Code and is free from other fire hazards. Provided, 24 however, that cities which employ fire department inspectors 25 shall cause such inspections to be made. 26 Sec. 34. Section 125.92, subsection 2, Code 2022, is amended 27 to read as follows: 28 2. Render informed consent, except for treatment provided 29 pursuant to sections 125.81 and 125.91 . If the person is 30 incompetent , treatment may be consented to by the person’s next 31 of kin or guardian notwithstanding the person’s refusal. If 32 the person refuses treatment which in the opinion of the chief 33 medical officer is necessary , or if the person is incompetent 34 and the next of kin or guardian refuses to consent to the 35 -17- LSB 5765SC (3) 89 lh/ns 17/ 61
S.F. _____ treatment or no next of kin or guardian is available , the 1 facility may petition a court of appropriate jurisdiction for 2 approval to treat the person. 3 Sec. 35. Section 135.107, subsection 2, paragraph d, Code 4 2022, is amended to read as follows: 5 d. Cooperate with the center for agricultural health and 6 safety and health established under section 262.78 , the center 7 for health effects of environmental contamination established 8 under section 263.17 , and the department of agriculture and 9 land stewardship. The agencies shall coordinate programs to 10 the extent practicable. 11 Sec. 36. Section 135C.3, subsection 2, Code 2022, is amended 12 to read as follows: 13 2. A licensed intermediate care facility for persons with 14 mental illness shall provide an organized twenty-four-hour 15 program of services commensurate with the needs of its 16 residents and under the immediate direction of a licensed 17 registered nurse, who has had at least two years of recent 18 experience in a chronic or acute psychiatric setting. Medical 19 and nursing service services must be provided under the 20 direction of either a house physician or an individually 21 selected physician. Surgery or obstetrical care shall not be 22 provided within the facility. An admission to the intermediate 23 care facility for persons with mental illness must be based 24 on a physician’s written order certifying that the individual 25 being admitted requires no greater degree of nursing care than 26 the facility to which the admission is made is licensed to 27 provide and is capable of providing. 28 Sec. 37. Section 147C.1, subsection 2, paragraph a, Code 29 2022, is amended to read as follows: 30 a. “Active duty military” means full-time duty status in 31 the active uniformed service of the United States, including 32 members of the national guard and reserve on active duty orders 33 pursuant to 10 U.S.C. §1209 ch. 1209 and 10 U.S.C. §1211 ch. 34 1211 . 35 -18- LSB 5765SC (3) 89 lh/ns 18/ 61
S.F. _____ Sec. 38. Section 217.15, Code 2022, is amended to read as 1 follows: 2 217.15 Administrator of division of administration. 3 The administrator of the division of administration 4 shall be qualified in the general field of governmental 5 administration with special training and experience in the 6 areas of competitive bidding, contract letting, accounting , and 7 budget preparation. 8 Sec. 39. Section 218.31, Code 2022, is amended to read as 9 follows: 10 218.31 Witnesses. 11 In aid of any investigation the administrator shall have 12 the power to summon and compel the attendance of witnesses; 13 to examine the witnesses under oath, which the administrator 14 shall have power to administer; to have access to all books, 15 papers, and property material to such investigation , ; and to 16 order the production of any other books or papers material to 17 the investigation. Witnesses other than those in the employ of 18 the state shall be entitled to the same fees as in civil cases 19 in the district court. 20 Sec. 40. Section 218.44, Code 2022, is amended to read as 21 follows: 22 218.44 Wages paid to dependent —— deposits. 23 If wages are paid to a resident pursuant to section 218.42 , 24 the administrator in control of an institution listed in 25 section 218.1 may pay all or any part of the wages directly 26 to any dependent of the resident. The administrator may also 27 deposit the wages to the account of such the resident, or 28 may so deposit part of the wages and allow the resident a 29 portion for the resident’s own personal use, or may pay to the 30 county of commitment all or any part of the resident’s care, 31 treatment, or subsistence while at said institution from any 32 credit balance accruing to the account of the resident. 33 Sec. 41. Section 225C.25, Code 2022, is amended to read as 34 follows: 35 -19- LSB 5765SC (3) 89 lh/ns 19/ 61
S.F. _____ 225C.25 Short title. 1 Sections 225C.25 through This section and sections 225C.26, 2 225C.28A, and 225C.28B shall be known as “the bill of rights 3 and service quality standards of persons with an intellectual 4 disability, developmental disabilities, brain injury, or 5 chronic mental illness”. 6 Sec. 42. Section 225C.29, Code 2022, is amended to read as 7 follows: 8 225C.29 Compliance. 9 Except for a violation of section 225C.28B, subsection 10 2 , the sole remedy for violation of a rule adopted by the 11 commission to implement sections 225C.25 through 225C.25, 12 225C.26, 225C.28A, and 225C.28B shall be by a proceeding for 13 compliance initiated by request to the division pursuant 14 to chapter 17A . Any decision of the division shall be in 15 accordance with due process of law and is subject to appeal to 16 the Iowa district court pursuant to sections 17A.19 and 17A.20 17 by any aggrieved party. Either the division or a party in 18 interest may apply to the Iowa district court for an order to 19 enforce the decision of the division. Any rules adopted by 20 the commission to implement sections 225C.25 through 225C.25, 21 225C.26, 225C.28A, and 225C.28B do not create any right, 22 entitlement, property or liberty right or interest, or private 23 cause of action for damages against the state or a political 24 subdivision of the state or for which the state or a political 25 subdivision of the state would be responsible. Any violation 26 of section 225C.28B, subsection 2 , shall solely be subject to 27 the enforcement by the commissioner of insurance and penalties 28 granted by chapter 507B for a violation of section 507B.4, 29 subsection 3 , paragraph “g” . 30 Sec. 43. Section 225C.42, subsection 2, paragraph c, Code 31 2022, is amended to read as follows: 32 c. An analysis of the extent to which payments enabled 33 children to remain in their homes. The analysis shall include 34 but is not limited to all of the following items concerning 35 -20- LSB 5765SC (3) 89 lh/ns 20/ 61
S.F. _____ children affected by the payments: the 1 (1) The number and percentage of children who remained with 2 their families ; the . 3 (2) The number and percentage of children who returned 4 to their home from an out-of-home placement and the type of 5 placement from which the children returned ; and the . 6 (3) The number of children who received an out-of-home 7 placement during the period and the type of placement. 8 Sec. 44. Section 230.6, subsection 1, Code 2022, is amended 9 to read as follows: 10 1. If the administrator concurs with a certified 11 determination of residency concerning the patient, the 12 administrator shall cause the patient either to be transferred 13 to a state hospital for persons with mental illness at the 14 expense of the state, or to be transferred, with approval of 15 the court as required by chapter 229 , to the place of foreign 16 residence. 17 Sec. 45. Section 232.37, subsection 1, Code 2022, is amended 18 to read as follows: 19 1. After a petition has been filed the court shall set a 20 time for an adjudicatory hearing and , unless the parties named 21 in subsection 2 voluntarily appear, shall issue a summons 22 requiring the child to appear before the court at a time 23 and place stated and requiring the person who has custody or 24 control of the child to appear before the court and to bring 25 the child with the person at that time. The summons shall 26 attach a copy of the petition and shall give notification of 27 the right to counsel provided for in section 232.11 . 28 Sec. 46. Section 249.3, subsection 2, paragraph a, Code 29 2022, is amended to read as follows: 30 a. Is receiving either of the following : 31 (1) Care in a licensed adult foster home, boarding home or 32 custodial home, as defined by section 135C.1 , or in another 33 type of protective living arrangement as defined by the 34 department ; or . 35 -21- LSB 5765SC (3) 89 lh/ns 21/ 61
S.F. _____ (2) Nursing care in the person’s own home, certified by a 1 physician as being required, so long as the cost of the nursing 2 care does not exceed standards established by the department. 3 Sec. 47. Section 256.9, subsection 64, Code 2022, is amended 4 to read as follows: 5 64. Develop and distribute to school districts standards 6 of practice for equity coordinators employed by school 7 districts. To provide consistency in training statewide, the 8 director shall also develop and distribute to school districts 9 a training program on free speech under the first amendment 10 to the Constitution of the United States which shall be used 11 by school districts to provide training pursuant to section 12 279.75 . 13 Sec. 48. Section 261.113, subsection 13, paragraph c, 14 unnumbered paragraph 1, Code 2022, is amended to read as 15 follows: 16 “Service commitment area” means a city in Iowa that provides 17 a twenty thousand dollar contribution for deposit in the 18 rural Iowa primary care trust fund for each physician in the 19 community who is participating in the loan repayment program 20 and which the city meets any of the following conditions: 21 Sec. 49. Section 262.78, subsection 1, Code 2022, is amended 22 to read as follows: 23 1. The board of regents shall establish a center for 24 agricultural health and safety and health at the university of 25 Iowa. The center shall be a joint venture by the university 26 of Iowa and Iowa state university of science and technology. 27 The center shall establish farm health and safety programs 28 designed to reduce the incidence of disabilities suffered by 29 persons engaged in agriculture which results from disease or 30 injury. The university of Iowa is primarily responsible for 31 the management of agricultural health and injury programs at 32 the center. Iowa state university of science and technology is 33 primarily responsible for the management of the agricultural 34 safety programs of the center. 35 -22- LSB 5765SC (3) 89 lh/ns 22/ 61
S.F. _____ Sec. 50. Section 263.17, subsection 7, Code 2022, is amended 1 to read as follows: 2 7. The center shall cooperate with the center for 3 rural health and primary care, established under section 4 135.107 , the center for agricultural health and safety and 5 health established under section 262.78 , and the department 6 of agriculture and land stewardship. The agencies shall 7 coordinate programs to the extent practicable. 8 Sec. 51. Section 309.48, subsection 1, Code 2022, is amended 9 to read as follows: 10 1. The annual accruing secondary road funds (naming 11 funds, naming the year) year, of which the certificate is 12 anticipatory. 13 Sec. 52. Section 321.14, Code 2022, is amended to read as 14 follows: 15 321.14 Seizure of documents and plates. 16 The department is hereby authorized to take possession 17 of any registration card, certificate of title, permit, or 18 registration plate, certificate of inspection or any inspection 19 document or form, upon expiration, revocation, cancellation, or 20 suspension thereof, or which is fictitious, or which has been 21 unlawfully or erroneously issued. 22 Sec. 53. Section 329.6, subsection 1, Code 2022, is amended 23 to read as follows: 24 1. If any municipality owning or controlling an airport 25 adjacent to which there is an airport hazard area shall fail 26 fails or refuse refuses , within sixty days after a demand is 27 made upon it by the department, to adopt reasonably adequate 28 airport zoning regulations under section 329.3 , or to proceed 29 as provided in section 329.4 , the department may petition the 30 district court of the county in which such the airport hazard 31 area, or any part thereof, is located, in the name of the 32 state, praying that zoning regulations be established for the 33 airport hazard area in question , and the . The provisions of 34 section 329.4, subsections 3 through 9 , shall apply to such 35 -23- LSB 5765SC (3) 89 lh/ns 23/ 61
S.F. _____ actions provided, however, that such the municipality shall be 1 joined as a party defendant in any such the action. 2 Sec. 54. Section 357.1B, subsection 3, Code 2022, is amended 3 to read as follows: 4 3. For the purpose of establishing, operating, or 5 dissolving a combined water and sanitary district under this 6 chapter and chapter 358 , the term “benefited water district” 7 includes a combined water and sanitary district where 8 applicable. 9 Sec. 55. Section 390.1, subsection 10, Code 2022, is amended 10 to read as follows: 11 10. “Participant” means a city, electric cooperative , or 12 privately owned utility company , which is a party to a joint 13 agreement. 14 Sec. 56. Section 403.16, subsection 6, Code 2022, is amended 15 to read as follows: 16 6. The limitations of this section shall be construed to 17 permit action by a public official, commissioner, or employee 18 where any benefits of such an action accrue to the public 19 generally, the action affects all or a substantial portion of 20 the properties included or planned to be included in such a 21 project, or the action promotes the public purposes of such 22 project. The limitations of this section shall be construed 23 to limit only that action by a public official, commissioner, 24 or employee which directly or specifically affects property in 25 which such official, commissioner, or employee has an interest 26 or in which an employer of such official, commissioner, or 27 employee has an interest. Any disclosure required to be made 28 by this section to the local governing body shall concurrently 29 be made to an urban renewal agency which has been vested with 30 urban renewal project powers by the municipality pursuant to 31 the provisions of section 403.14 . A commissioner or other 32 officer of any urban renewal agency, board, or commission 33 exercising powers pursuant to this chapter shall not hold any 34 other public office under the municipality, other than the 35 -24- LSB 5765SC (3) 89 lh/ns 24/ 61
S.F. _____ commissionership or office with respect to such urban renewal 1 agency, board, or commission. Any violation of the provisions 2 of this section shall constitute misconduct in office, but an 3 ordinance or resolution of a municipality or agency shall not 4 be invalid by reason of a vote or votes cast in violation of 5 the standards of this section unless the vote or votes were 6 decisive in the passage of the ordinance or resolution. 7 Sec. 57. Section 422.1, unnumbered paragraph 1, Code 2022, 8 is amended to read as follows: 9 The provisions of this chapter are herein classified and 10 designated as follows: 11 Sec. 58. Section 422.16, subsection 9, Code 2022, is amended 12 to read as follows: 13 9. The amount of any overpayment of the individual income 14 tax liability of the employee taxpayer, nonresident, or other 15 person which may result from the withholding and payment of 16 withheld tax by the employer or withholding agent to the 17 department under subsections 1 and 12 , as compared to the 18 individual income tax liability of the employee taxpayer, 19 nonresident, or other person properly and correctly determined 20 under the provisions of section sections 422.4 , to and 21 including section through 422.15, this section, and sections 22 422.16A through 422.25 , may be credited against any income 23 tax or installment thereof then due the state of Iowa and 24 any balance of one dollar or more shall be refunded to the 25 employee taxpayer, nonresident, or other person with interest 26 in accordance with section 421.60, subsection 2 , paragraph 27 “e” . Amounts less than one dollar shall be refunded to the 28 taxpayer, nonresident, or other person only upon written 29 application, in accordance with section 422.73 , and only if 30 the application is filed within twelve months after the due 31 date of the return. Refunds in the amount of one dollar 32 or more provided for by this subsection shall be paid by 33 the treasurer of state by warrants drawn by the director of 34 the department of administrative services, or an authorized 35 -25- LSB 5765SC (3) 89 lh/ns 25/ 61
S.F. _____ employee of the department, and the taxpayer’s return of 1 income shall constitute a claim for refund for this purpose, 2 except in respect to amounts of less than one dollar. There 3 is appropriated, out of any funds in the state treasury not 4 otherwise appropriated, a sum sufficient to carry out the 5 provisions of this subsection . 6 Sec. 59. Section 422.16, subsection 12, paragraph a, Code 7 2022, is amended to read as follows: 8 a. In the case of nonresidents having income subject to 9 taxation by Iowa, but not subject to withholding of such tax 10 under subsection 1 or subject to the provisions of section 11 422.16B , withholding agents shall withhold from such income 12 at the same rate as provided in subsection 1 hereof , and such 13 withholding agents and such nonresidents shall be subject to 14 the provisions of this section , according to the context, 15 except that such withholding agents may be absolved of such 16 requirement to withhold taxes from such nonresident’s income 17 upon receipt of a certificate from the department issued in 18 accordance with the provisions of section 422.17 , as hereby 19 amended. In the case of nonresidents having income from a 20 trade or business carried on by them in whole or in part within 21 the state of Iowa, such nonresident shall be considered to be 22 subject to the provisions of this subsection unless such trade 23 or business is of such nature that the business entity itself, 24 as a withholding agent, is required to and does withhold Iowa 25 income tax from the distributions made to such nonresident from 26 such trade or business. 27 Sec. 60. Section 422.25, subsection 4, paragraph a, Code 28 2022, is amended to read as follows: 29 a. All payments received must be credited first , to the 30 penalty and interest accrued , and then to the tax due. If 31 payments in multiple tax periods are unpaid, payments received 32 shall be credited first to the penalty and interest accrued and 33 then tax due for the earliest period, and then credited to each 34 following tax period in chronological order from the earliest 35 -26- LSB 5765SC (3) 89 lh/ns 26/ 61
S.F. _____ tax period to the latest tax period. Payments required to be 1 made within a tax period must be credited first to the earliest 2 deposit period within the tax period. For purposes of this 3 subsection , the department shall not reapply prior payments 4 made on or before the due date of the original return by the 5 taxpayer to penalty or interest determined to be due after the 6 date of those prior payments, except that the taxpayer and the 7 department may agree to apply payments in accordance with rules 8 adopted by the director when there are both agreed and unagreed 9 to items as a result of an examination. 10 Sec. 61. Section 441.7, Code 2022, is amended to read as 11 follows: 12 441.7 Special examination. 13 1. If the conference board fails to appoint an assessor from 14 the list of individuals on the register, the conference board 15 shall request permission from the director of revenue to hold a 16 special examination in the particular city or county in which 17 the vacancy has occurred. Permission may be granted by the 18 director of revenue after consideration of factors such as the 19 availability of candidates in that particular city or county. 20 2. The director of revenue shall conduct no more than 21 one special examination for each vacancy in an assessing 22 jurisdiction. The examination shall be conducted by the 23 director of revenue as provided in section 441.5 , except as 24 otherwise provided in this section . The examining board 25 shall give notice of holding the examination for assessor by 26 posting a written notice in a conspicuous place in the county 27 courthouse in the case of county assessors or in the city hall 28 in the case of city assessors, stating that at a specified 29 date, an examination for the position of assessor will be held 30 at a specified place. Similar notice shall be given at the 31 same time by one publication of the notice in three newspapers 32 of general circulation in the case of a county assessor, or in 33 case there are not three such newspapers in a county, then in 34 newspapers which are available, or in one newspaper of general 35 -27- LSB 5765SC (3) 89 lh/ns 27/ 61
S.F. _____ circulation in the city in the case of city assessor. 1 3. The conference board of the city or county in which a 2 special examination is held shall reimburse the department of 3 revenue for all expenses incurred in the administration of the 4 examination, to be paid for by the respective city or county 5 assessment expense fund. Following the administration of this 6 special examination, the director of revenue shall certify to 7 the examining board a new list of candidates eligible to be 8 appointed as assessor and the examining board and conference 9 board shall proceed in accordance with the provisions of 10 section 441.6 . 11 Sec. 62. Section 441.48, subsection 1, Code 2022, is amended 12 to read as follows: 13 1. Before the department of revenue shall adjust adjusts the 14 valuation of any class of property by any such percentage, the 15 department shall first serve ten days’ notice by mail, on the 16 county auditor of the county whose valuation is proposed to be 17 adjusted. 18 Sec. 63. Section 453A.22, Code 2022, is amended to read as 19 follows: 20 453A.22 Revocation —— suspension —— civil penalty. 21 1. If a person holding a permit issued by the department 22 under this subchapter , including a retailer permit for railway 23 car, has willfully violated section 453A.2 , the department 24 shall revoke the permit upon notice and hearing. If the person 25 violates any other provision of this subchapter , or a rule 26 adopted under this subchapter , or is substantially delinquent 27 in the payment of a tax administered by the department or 28 the interest or penalty on the tax, or if the person is a 29 corporation and if any officer having a substantial legal or 30 equitable interest in the ownership of the corporation owes any 31 delinquent tax of the permit-holding corporation, or interest 32 or penalty on the tax, administered by the department, the 33 department may revoke the permit issued to the person, after 34 giving the permit holder an opportunity to be heard upon ten 35 -28- LSB 5765SC (3) 89 lh/ns 28/ 61
S.F. _____ days’ written notice stating the reason for the contemplated 1 revocation and the time and place at which the person may 2 appear and be heard. The hearing before the department may 3 be held at a site in the state as the department may direct. 4 The notice shall be given by mailing a copy to the permit 5 holder’s place of business as it appears on the application 6 for a permit. If, upon hearing, the department finds that the 7 violation has occurred, the department may revoke the permit. 8 2. If a retailer or employee of a retailer has violated 9 section 453A.2 or section 453A.36, subsection 6 , the department 10 or local authority, or the alcoholic beverages division of the 11 department of commerce following transfer of the matter to the 12 alcoholic beverages division of the department of commerce 13 pursuant to section 453A.2, subsection 6 , in addition to the 14 other penalties fixed for such violations in this section , 15 shall assess a penalty upon the same hearing and notice as 16 prescribed in subsection 1 as follows: 17 a. For a first violation, the retailer shall be assessed a 18 civil penalty in the amount of three hundred dollars. Failure 19 to pay the civil penalty as ordered under this subsection shall 20 result in automatic suspension of the permit for a period of 21 fourteen days. 22 b. For a second violation within a period of two years, the 23 retailer shall be assessed a civil penalty in the amount of one 24 thousand five hundred dollars or the retailer’s permit shall 25 be suspended for a period of thirty days. The retailer may 26 select its preference in the penalty to be applied under this 27 paragraph. 28 c. For a third violation within a period of three years, the 29 retailer shall be assessed a civil penalty in the amount of one 30 thousand five hundred dollars and the retailer’s permit shall 31 be suspended for a period of thirty days. 32 d. For a fourth violation within a period of three years, 33 the retailer shall be assessed a civil penalty in the amount 34 of one thousand five hundred dollars and the retailer’s permit 35 -29- LSB 5765SC (3) 89 lh/ns 29/ 61
S.F. _____ shall be suspended for a period of sixty days. 1 e. For a fifth violation within a period of four years, the 2 retailer’s permit shall be revoked. 3 3. If an employee of a retailer violates section 453A.2, 4 subsection 1 , the retailer shall not be assessed a penalty 5 under subsection 2 , and the violation shall be deemed not 6 to be a violation of section 453A.2, subsection 1 , for the 7 purpose of determining the number of violations for which 8 a penalty may be assessed pursuant to subsection 2 , if the 9 employee holds a valid certificate of completion of the tobacco 10 compliance employee training program pursuant to section 11 453A.5 at the time of the violation. A retailer may assert 12 only once in a four-year period the bar under this subsection 13 against assessment of a penalty pursuant to subsection 2 , for a 14 violation of section 453A.2 , that takes place at the same place 15 of business location. 16 4. Reserved. 17 5. 4. If a permit is revoked a new permit shall not be 18 issued to the permit holder for any place of business, or 19 to any other person for the place of business at which the 20 violation occurred, until one year has expired from the date 21 of revocation, unless good cause to the contrary is shown to 22 the issuing authority. 23 6. 5. Notwithstanding subsection 5 4 , if a retail permit 24 is suspended or revoked under this section , the suspension or 25 revocation shall only apply to the place of business at which 26 the violation occurred and shall not apply to any other place 27 of business to which the retail permit applies but at which the 28 violation did not occur. 29 7. 6. The department or local authority shall report the 30 suspension or revocation of a retail permit under this section 31 to the alcoholic beverages division of the department of 32 commerce within thirty days of the suspension or revocation of 33 the retail permit. 34 8. 7. For the purposes of this section , “retailer” means 35 -30- LSB 5765SC (3) 89 lh/ns 30/ 61
S.F. _____ retailer as defined in sections 453A.1 and 453A.42 and “retail 1 permit” includes permits issued to retailers under subchapter I 2 or subchapter II of this chapter . 3 Sec. 64. Section 453A.23, subsection 4, Code 2022, is 4 amended to read as follows: 5 4. The provisions of section 453A.22, subsections 1 and 5 of 6 section 453A.22 4, shall apply to the revocation of such permit 7 and the issuance of a new one. 8 Sec. 65. Section 455B.145, subsection 2, paragraph b, Code 9 2022, is amended to read as follows: 10 b. The director shall promptly investigate the application 11 and approve or disapprove the application. The director 12 may conduct a public hearing before action is taken to 13 approve or disapprove. If the director disapproves issuing a 14 certificate, the political subdivision may appeal the action 15 to the department of inspections and appeals. At the hearing 16 on appeal, the department of inspections and appeals shall 17 decide whether the local program is substantially consistent 18 with the provisions of this subchapter II , or rules adopted 19 thereunder under this subchapter II , and whether the local 20 program is being enforced. The burden of proof shall be upon 21 the political subdivision. 22 Sec. 66. Section 455B.174, subsections 1 and 3, Code 2022, 23 are amended to read as follows: 24 1. Conduct investigations of alleged water pollution or of 25 alleged violations of this part 1 of subchapter III , chapter 26 459, subchapter III , chapter 459A , or chapter 459B , or any rule 27 adopted or any permit issued pursuant thereto to this part 1 28 of subchapter III, chapter 459, subchapter III, chapter 459A, 29 or chapter 459B, upon written request of any state agency, 30 political subdivision, local board of health, twenty-five 31 residents of the state, as directed by the department, or as 32 may be necessary to accomplish the purposes of this part 1 of 33 subchapter III , chapter 459, subchapter III , chapter 459A , or 34 chapter 459B . 35 -31- LSB 5765SC (3) 89 lh/ns 31/ 61
S.F. _____ 3. Take any action or actions allowed by law which, in 1 the director’s judgment, are necessary to enforce or secure 2 compliance with the provisions of this part 1 of subchapter 3 III or chapter 459, subchapter III , or of any rule or standard 4 established or permit issued pursuant thereto to this part 1 of 5 subchapter III or chapter 459, subchapter III . 6 Sec. 67. Section 455B.261, unnumbered paragraph 1, Code 7 2022, is amended to read as follows: 8 As used in this part 4 of subchapter III , unless the context 9 otherwise requires: 10 Sec. 68. Section 455B.381, subsection 4, Code 2022, is 11 amended to read as follows: 12 4. “Hazardous condition” means any situation involving the 13 actual, imminent, or probable spillage, leakage, or release of 14 a hazardous substance onto the land, into a water of the state, 15 or into the atmosphere, which creates an immediate or potential 16 danger to the public health or safety or to the environment. 17 For purposes of this subchapter IV , a site which is a hazardous 18 waste or hazardous substance disposal site as defined in 19 section 455B.411, subsection 4 , is a hazardous condition. 20 Sec. 69. Section 456A.24, subsection 2, unnumbered 21 paragraph 1, Code 2022, is amended to read as follows: 22 Acquire by purchase, condemnation, lease, agreement, gift, 23 and devise lands or waters suitable for the purposes enumerated 24 in this subsection , and rights-of-way to those lands and 25 waters, and to maintain the lands and waters for the following 26 purposes , to wit : 27 Sec. 70. Section 462A.4, Code 2022, is amended to read as 28 follows: 29 462A.4 Operation of unnumbered vessels prohibited. 30 Every Except as provided in sections 462A.6 and 462A.6A, 31 every vessel except as provided in sections 462A.6 and 462A.6A 32 on the waters of this state under the jurisdiction of the 33 commission shall be numbered. A person shall not operate, 34 maintain , or give permission for the operation or maintenance 35 -32- LSB 5765SC (3) 89 lh/ns 32/ 61
S.F. _____ of any vessel on such waters unless the vessel is numbered in 1 accordance with this chapter or in accordance with applicable 2 federal laws or in accordance with a federally approved 3 numbering system of another state and unless the certificate of 4 number awarded to the vessel is in full force and effect. 5 Sec. 71. Section 462A.82, subsection 1, Code 2022, is 6 amended to read as follows: 7 1. If ownership of a vessel is transferred by operation of 8 law, such as by inheritance, order in bankruptcy, insolvency, 9 replevin, execution sale, or in compliance with section 578A.7 , 10 the transferee, within thirty days after acquiring the right 11 to possession of the vessel by operation of law, shall mail or 12 deliver to the county recorder satisfactory proof of ownership 13 as the county recorder requires, together with an application 14 for a new certificate of title, and the required fee. A title 15 tax is not required on these transactions. However, if the 16 transferee is the surviving spouse of the deceased owner, the 17 county recorder shall waive the required fee. A title tax is 18 not required on these transactions. 19 Sec. 72. Section 468.49, subsection 1, Code 2022, is amended 20 to read as follows: 21 1. A classification of land for drainage, erosion , or 22 flood control purposes, when finally adopted, shall remain 23 the basis of all future assessments for the purpose of the 24 district unless revised by the board in the manner provided 25 for reclassification. However, where land included in said 26 classification has been destroyed, in whole or in part, by 27 the erosion of a river, or where additional right-of-way has 28 been subsequently taken for drainage purposes, the land which 29 has been so eroded and carried away by the action of a river 30 or which has been taken for additional right-of-way, may be 31 removed by the board from the district as classified, without 32 any reclassification, and no assessment shall thereafter be 33 made on the land so removed. Any deficiency in assessment 34 existing as the result of said action of the board shall be 35 -33- LSB 5765SC (3) 89 lh/ns 33/ 61
S.F. _____ spread by it over the balance of lands remaining in said 1 district in the same ratio as was fixed in the classification 2 of the lands, payable at the next taxpaying period. 3 Sec. 73. Section 476.23, subsection 4, Code 2022, is amended 4 to read as follows: 5 4. If not inconsistent with the provisions of this 6 subchapter , all of the following apply : 7 a. All rights of municipal corporations under chapter 364 8 to grant a person a franchise to erect, maintain, and operate 9 plants and systems for electric light and power within the 10 corporate boundaries, and rights acquired by franchise or 11 agreement shall be preserved in these municipal corporations ; . 12 b. All rights of city utilities under the city code shall be 13 preserved in these city utilities ; . 14 c. All rights of city utilities and joint electric utilities 15 under chapter 390 shall be preserved in these city utilities 16 and joint electric utilities ; and . 17 d. All rights of cities under chapter 6B are preserved. 18 However, prior to the institution of condemnation proceedings, 19 the city shall obtain a certificate of authority from the 20 board in accordance with this subchapter and the board’s 21 determination of price under this subchapter shall be 22 conclusive evidence of damages in these condemnation 23 proceedings. 24 Sec. 74. Section 476.55, subsection 2, paragraph a, 25 unnumbered paragraph 1, Code 2022, is amended to read as 26 follows: 27 Notwithstanding section 476.1D , the board may receive 28 a complaint from a local exchange carrier that another 29 local exchange carrier has engaged in an activity that is 30 inconsistent with antitrust laws and the policies which 31 underlie them. For purposes of this subsection , “local exchange 32 carrier” means the same as defined in section 476.96 , Code 33 2017 34A.2 , and includes a city utility authorized pursuant 34 to section 388.2 to provide local exchange services. If, 35 -34- LSB 5765SC (3) 89 lh/ns 34/ 61
S.F. _____ after notice and opportunity for hearing, the board finds 1 that a local exchange carrier has engaged in an activity that 2 is inconsistent with antitrust laws and the policies which 3 underlie them, the board may order any of the following: 4 Sec. 75. Section 478.15, subsection 1, Code 2022, is amended 5 to read as follows: 6 1. Any person, company, or corporation having secured a 7 franchise as provided in this chapter , shall thereupon be 8 vested with the right of eminent domain to such extent as 9 the utilities board may approve, prescribe and find to be 10 necessary for public use, not exceeding one hundred feet in 11 width for right-of-way and not exceeding one hundred sixty 12 acres in any one location, in addition to right-of-way, for the 13 location of electric substations to carry out the purposes of 14 said franchise; provided however, that where two hundred K V 15 kilovolt lines or higher voltage lines are to be constructed, 16 the person, company, or corporation may apply to the board for 17 a wider right-of-way not to exceed two hundred feet, and the 18 board may for good cause extend the width of such right-of-way 19 for such lines to the person, company, or corporation applying 20 for the same. The burden of proving the necessity for public 21 use shall be on the person, company, or corporation seeking the 22 franchise. A homestead site, cemetery, orchard, or schoolhouse 23 location shall not be condemned for the purpose of erecting 24 an electric substation. If agreement cannot be made with the 25 private owner of lands as to damages caused by the construction 26 of said transmission line, or electric substations, the same 27 proceedings shall be taken as provided for taking private 28 property for works of internal improvement. 29 Sec. 76. Section 478.23, Code 2022, is amended to read as 30 follows: 31 478.23 Prior franchises —— legislative control. 32 Any such franchise heretofore granted under previously 33 existing law shall not be abrogated by the provisions of this 34 chapter , but all such franchises and all franchises granted 35 -35- LSB 5765SC (3) 89 lh/ns 35/ 61
S.F. _____ under the provisions of this chapter shall be subject to 1 further legislative control. 2 Sec. 77. Section 479.3, Code 2022, is amended to read as 3 follows: 4 479.3 Conditions attending operation. 5 No pipeline company shall construct, maintain , or operate 6 any pipeline or lines under, along, over , or across any public 7 or private highways, grounds, waters , or streams of any kind 8 in this state except in accordance with the provisions of this 9 chapter . 10 Sec. 78. Section 479.5, subsections 1 and 2, Code 2022, are 11 amended to read as follows: 12 1. A pipeline company doing business in this state shall 13 file with the board its verified petition asking for a permit 14 to construct, maintain , and operate its pipeline or lines 15 along, over , or across the public or private highways, grounds, 16 waters , and streams of any kind of this state. Any pipeline 17 company now owning or operating a pipeline in this state shall 18 be issued a permit by the board upon supplying the information 19 as provided for in section 479.6 . 20 2. A pipeline company doing business in this state and 21 proposing to engage in underground storage of gas within this 22 state shall file with the board its verified petition asking 23 for a permit to construct, maintain , and operate facilities for 24 the underground storage of gas to include the construction, 25 placement, maintenance , and operation of machinery, appliances, 26 fixtures, wells, pipelines, and stations necessary for the 27 construction, maintenance , and operation of the gas underground 28 storage facilities. 29 Sec. 79. Section 479.5, subsection 4, paragraph b, Code 30 2022, is amended to read as follows: 31 b. The notice shall set forth the name of the applicant; 32 the applicant’s principal place of business; the general 33 description and purpose of the proposed project; the general 34 nature of the right-of-way desired; the possibility that the 35 -36- LSB 5765SC (3) 89 lh/ns 36/ 61
S.F. _____ right-of-way may be acquired by condemnation if approved by 1 the utilities board; a map showing the route of the proposed 2 project; a description of the process used by the utilities 3 board in making a decision on whether to approve a permit 4 including the right to take property by eminent domain; that 5 the landowner has a right to be present at such meeting and 6 to file objections with the board; and a designation of the 7 time and place of the meeting. The notice shall be served by 8 certified mail with return receipt requested not less than 9 thirty days previous to the time set for the meeting, and shall 10 be published once in a newspaper of general circulation in 11 the county. The publication shall be considered notice to 12 landowners whose residence is not known and to each person in 13 possession of or residing on the property provided a good faith 14 effort to notify can be demonstrated by the pipeline company. 15 Sec. 80. Section 479.32, Code 2022, is amended to read as 16 follows: 17 479.32 Rehearing —— judicial review. 18 Rehearing procedure for any person, company , or corporation 19 aggrieved by the action of the board in granting or failing to 20 grant a permit under the provisions of this chapter shall be as 21 provided in section 476.12 . Judicial review may be sought in 22 accordance with the terms of the Iowa administrative procedure 23 Act, chapter 17A . 24 Sec. 81. Section 479.34, unnumbered paragraph 1, Code 2022, 25 is amended to read as follows: 26 A person seeking to acquire an easement or other property 27 interest for the construction, maintenance , or operation of a 28 pipeline shall: 29 Sec. 82. Section 481A.30, Code 2022, is amended to read as 30 follows: 31 481A.30 Entire shipment contraband. 32 In the shipping of fish, game, animals, birds, or furs, 33 whenever a container includes one or more fish, game, animals, 34 birds , or furs that are contraband, the entire contents of the 35 -37- LSB 5765SC (3) 89 lh/ns 37/ 61
S.F. _____ container shall be deemed contraband , and shall be seized by 1 the director or the director’s officers. 2 Sec. 83. Section 481A.58, Code 2022, is amended to read as 3 follows: 4 481A.58 Trapping birds or poisoning animals. 5 No person except those acting under the authority of the 6 director shall capture or take , or attempt to capture or take, 7 any game bird with any trap, snare , or net , any game bird , nor 8 shall any person use any poison , or any medicated or poisoned 9 food , or any other substance for the killing, capturing , or 10 taking of any game bird or animal. 11 Sec. 84. Section 481A.120, Code 2022, is amended to read as 12 follows: 13 481A.120 Hunting from aircraft or snowmobiles prohibited. 14 A person, either singly or as one of a group of persons, 15 shall not intentionally kill or wound, attempt to kill or 16 wound, or pursue any animal, fowl, or fish from or with an 17 aircraft in flight or from or with any self-propelled vehicles 18 designed for travel on snow or ice which utilize sled type 19 runners, or skis, or an endless belt tread, or wheel wheels, 20 or any combination thereof , and which are commonly known as 21 snowmobiles. 22 Sec. 85. Section 483A.9, Code 2022, is amended to read as 23 follows: 24 483A.9 Blanks. 25 The director shall provide blanks for, and determine the 26 method, means, and requirements of issuing licenses including 27 the issuance of , licenses by electronic means. 28 Sec. 86. Section 504.1703, subsection 1, unnumbered 29 paragraph 1, Code 2022, is amended to read as follows: 30 Except as provided in subsection 2 , the repeal of a statute 31 by 2004 Iowa Acts, ch. 1049 , does not affect any of the 32 following: 33 Sec. 87. Section 509.2, subsection 7, Code 2022, is amended 34 to read as follows: 35 -38- LSB 5765SC (3) 89 lh/ns 38/ 61
S.F. _____ 7. A provision that the insurer will issue to the 1 policyholder for delivery to each person insured an individual 2 certificate setting forth a statement as to the insurance 3 protection to which the person is entitled, to whom the 4 insurance benefits are payable, and the rights and conditions 5 set forth in subsections 8 through 10 following if applicable. 6 Sec. 88. Section 514J.101, Code 2022, is amended to read as 7 follows: 8 514J.101 Purpose —— applicability. 9 The purpose of this chapter is to provide uniform standards 10 for the establishment and maintenance of external review 11 procedures to assure that covered persons have the opportunity 12 for an independent review of an adverse determination or final 13 adverse determination made by a health carrier as required 14 by the federal Patient Protection and Affordable Care Act, 15 Pub. L. No. 111-148, as amended by the federal Health Care and 16 Education Reconciliation Act of 2010, Pub. L. No. 111-152, 17 which amends the Public Health Service Act and adopts, in part, 18 new 42 U.S.C. §300gg-19, and to address issues which are unique 19 to the external review process in this state. 20 Sec. 89. Section 523A.601, subsection 4, Code 2022, is 21 amended to read as follows: 22 4. All purchase agreements, including a purchase agreement 23 delivered or executed by electronic means, must have a sales 24 agent identified. A purchase agreement, including a purchase 25 agreement delivered or executed by electronic means, shall 26 be reviewed by the sales agent identified and named in the 27 purchase agreement pursuant to subsection 1 , paragraph “a” , 28 and be signed by the purchaser and seller. If the purchase 29 agreement is for mortuary science services as “mortuary science” 30 is defined in section 156.1 , the purchase agreement must also 31 be signed by a person licensed to deliver funeral services. 32 Sec. 90. Section 537.2510, subsection 2, paragraph a, 33 subparagraph (1), unnumbered paragraph 1, Code 2022, is amended 34 to read as follows: 35 -39- LSB 5765SC (3) 89 lh/ns 39/ 61
S.F. _____ The amount of rebate shall be determined by applying the 1 rate of finance charge which was required to be disclosed in 2 the transaction pursuant to section 537.3201 , according to the 3 actuarial method , : 4 Sec. 91. Section 537.3606, subsection 6, Code 2022, is 5 amended to read as follows: 6 6. Every consumer rental purchase agreement shall contain 7 immediately above or adjacent to the place for the signature of 8 the lessee, a clear, conspicuous, printed or typewritten notice 9 in substantially the following language: 10 NOTICE TO LESSEE —— READ BEFORE SIGNING 11 [a] [1] Do not sign this before you read the entire agreement 12 including any writing on the reverse side, even if otherwise 13 advised. 14 [b] [2] Do not sign this if it contains any blank spaces. 15 [c] [3] You are entitled to an exact copy of any agreement 16 you sign. 17 [d] [4] You have the right to exercise any early buy-out 18 option as provided in this agreement. Exercise of this 19 option may result in a reduction of your total cost to acquire 20 ownership under this agreement. 21 [e] [5] If you elect to make weekly rather than monthly 22 payments and exercise your purchase option, you may pay more 23 for the leased property. 24 Sec. 92. Section 543D.2, subsection 9, Code 2022, is amended 25 to read as follows: 26 9. A “certified real estate appraiser” “Certified real estate 27 appraiser” means a person who develops and communicates real 28 estate appraisals and who holds a current, valid certificate 29 for appraisals of types of real estate which may include 30 residential, commercial, or rural real estate, as may be 31 established under this chapter . 32 Sec. 93. Section 544A.13, subsection 1, paragraph c, Code 33 2022, is amended to read as follows: 34 c. Knowingly making misleading, deceptive, untrue , or 35 -40- LSB 5765SC (3) 89 lh/ns 40/ 61
S.F. _____ fraudulent representations in the practice of the licensee’s 1 profession or engaging in unethical conduct or practice harmful 2 or detrimental to the public. Proof of actual injury need not 3 be established. 4 Sec. 94. Section 544A.17, subsection 3, Code 2022, is 5 amended to read as follows: 6 3. Superintendents, inspectors, supervisors , and building 7 trades craftspersons while performing their customary duties. 8 Sec. 95. Section 544A.18, subsection 4, Code 2022, is 9 amended to read as follows: 10 4. Warehouses and commercial buildings not more than one 11 story in height, and not exceeding ten thousand square feet 12 in gross floor area; commercial buildings not more than two 13 stories in height and not exceeding six thousand square feet in 14 gross floor area ; and light industrial buildings. 15 Sec. 96. Section 554.2106, subsection 1, Code 2022, is 16 amended to read as follows: 17 1. In this Article unless the context otherwise requires 18 “contract” “contract” and “agreement” “agreement” are limited 19 to those relating to the present or future sale of goods. 20 “Contract for sale” includes both a present sale of goods and 21 a contract to sell goods at a future time. A “sale” “sale” 22 consists in the passing of title from the seller to the buyer 23 for a price ( section 554.2401 ). A “present sale” “present 24 sale” means a sale which is accomplished by the making of the 25 contract. 26 Sec. 97. Section 554.12107, Code 2022, is amended to read 27 as follows: 28 554.12107 Federal reserve regulations and operating 29 circulars. 30 Regulations of the board of governors of the federal reserve 31 system and operating circulars of the federal reserve banks as 32 of July 1, 1991, supersede any inconsistent provision of this 33 article Article to the extent of the inconsistency. 34 Sec. 98. Section 556E.6, Code 2022, is amended to read as 35 -41- LSB 5765SC (3) 89 lh/ns 41/ 61
S.F. _____ follows: 1 556E.6 Tests for articles. 2 In any test for the ascertainment of the fineness of any 3 such article mentioned in this section and sections 556E.3 4 through 556E.5 , according to the foregoing standards, the part 5 of the article taken for the test shall be such portion as does 6 not contain or have attached thereto any solder or alloy of 7 inferior metal used for brazing or uniting the parts of such 8 article, and provided further and in addition to the foregoing 9 test and standards, that the actual fineness of the entire 10 quantity of metal purporting to be silver contained in any 11 article mentioned in sections 556E.3 through 556E.5 , including 12 all solder or alloy of inferior fineness used for brazing or 13 uniting the parts of any such article, all such silver, alloy, 14 or solder being assayed as one piece, shall not be less by more 15 than ten one-thousandths parts than the fineness indicated 16 according to the foregoing standards, by the mark stamped, 17 branded, engraved, or imprinted upon such article, or upon any 18 tag, card, or label attached thereto, or upon any container in 19 which said article is enclosed. 20 Sec. 99. Section 590.2, Code 2022, is amended to read as 21 follows: 22 590.2 Notice of hearing in probate. 23 In all instances prior to January 1, 1964, where the clerk 24 of the district court of any county failed to publish notice 25 of the time fixed for hearing of the probate of any will filed 26 in such county as required by section 11865 of the Code [1924 27 to through 1939 , inclusive ], and section 633.20, Codes 1946 to 28 through 1962, inclusive, but did publish a notice of the time 29 fixed for such hearing signed by the clerk and addressed to 30 whom it may concern in a daily or weekly newspaper printed in 31 the county where the will was filed, such notice of time fixed 32 for the hearing of the probate of such will is hereby legalized 33 and shall have the same force and effect as though the same had 34 been published in strict conformity with the requirements of 35 -42- LSB 5765SC (3) 89 lh/ns 42/ 61
S.F. _____ said section. 1 Sec. 100. Section 591.16, subsection 2, Code 2022, is 2 amended to read as follows: 3 2. This section shall not operate to revive rights or claims 4 previously barred and shall not permit an action to be brought 5 or maintained upon any claim or cause of action which was 6 barred by any statute which was in force prior to the effective 7 date of this section April 3, 1964 . 8 Sec. 101. Section 600A.9, subsection 1, Code 2022, is 9 amended to read as follows: 10 1. Subsequent to the hearing on termination of parental 11 rights under this chapter , the juvenile court shall make a 12 finding of facts and shall do one of the following : 13 a. Order the petition dismissed; or, dismissed. 14 b. Order the petition granted. The juvenile court shall 15 appoint a guardian and a custodian or a guardian only. An 16 order issued under this paragraph shall include the finding 17 of facts. Such finding shall specify the factual basis for 18 terminating the parent-child relationship and shall specify the 19 ground or grounds upon which the termination is ordered. 20 Sec. 102. Section 633.448, Code 2022, is amended to read as 21 follows: 22 633.448 Allowance and judgment. 23 Upon the trial of a claim, offsets , and counterclaims, the 24 amount owing by or to the estate, if any, shall be determined. 25 A claim against the estate shall be allowed for the net amount. 26 Judgment shall be rendered for any amount found to be due the 27 estate. If a judgment is rendered against a claimant for 28 any net amount, execution may issue in the same manner as on 29 judgments in civil cases. The judgment against any interested 30 party may be deducted from any amounts the estate owes to the 31 interested party. 32 Sec. 103. Section 709.15, subsection 4, paragraph c, Code 33 2022, is amended to read as follows: 34 c. This subsection only applies to an offense under 35 -43- LSB 5765SC (3) 89 lh/ns 43/ 61
S.F. _____ paragraph “a” , subparagraph (1) , which occurs within the 1 period of time the adult providing training or instruction 2 is receiving payment for the training or instruction and 3 to an offense under paragraph “a” , subparagraph (2) , which 4 occurs within the period of time the adult providing training 5 or instruction is receiving payment for the training or 6 instruction or within thirty days after any such period of 7 training or instruction. 8 Sec. 104. Section 716.14, subsection 2, unnumbered 9 paragraph 1, Code 2022, is amended to read as follows: 10 A person commits unauthorized sampling , if the person 11 knowingly enters private property, without consent of the owner 12 or any other person having real or apparent authority to grant 13 consent, and obtains samples of any of the following: 14 Sec. 105. Section 904.805, subsections 2 and 3, Code 2022, 15 are amended to read as follows: 16 2. Receive, investigate , and take appropriate action 17 upon any complaints from potential purchasers of Iowa state 18 industries products or services regarding lack of cooperation 19 by Iowa state industries with public bodies and officers 20 who are listed in section 904.807 , and with other potential 21 purchasers. 22 3. Establish, transfer , and close industrial operations as 23 deemed advisable to maximize opportunities for gainful work for 24 inmates and to adjust to actual or potential market demand for 25 particular products or services. 26 Sec. 106. Section 904.812, Code 2022, is amended to read as 27 follows: 28 904.812 Restriction on goods made available. 29 Effective July 1, 1978, and notwithstanding any other 30 provisions of this subchapter , goods made available by Iowa 31 state industries shall be restricted to items, materials, 32 supplies , and equipment which are formulated or manufactured by 33 Iowa state industries and shall not include goods, materials, 34 supplies , or equipment which are merely purchased by Iowa state 35 -44- LSB 5765SC (3) 89 lh/ns 44/ 61
S.F. _____ industries for repacking or resale except with approval of 1 the state director when such repacking for resale items are 2 directly related to product lines. 3 Sec. 107. 2021 Iowa Acts, chapter 101, section 1, is amended 4 to read as follows: 5 SEC. 1. Section 708.7 , Code 2021, is amended by adding the 6 following new subsection: 7 NEW SUBSECTION . 07. A person injured by a violation of 8 section subsection 1 , paragraph “a” , subparagraph (4), may 9 bring a civil action against the person whose conduct violated 10 section subsection 1 , paragraph “a” , subparagraph (4). 11 Sec. 108. 2021 Iowa Acts, chapter 143, section 40, is 12 amended to read as follows: 13 SEC. 40. NEW SECTION . 456.5A Long-range budget plan. 14 1. As used in this section , “planning period” means a period 15 comprised of five consecutive fiscal years each beginning July 16 1 and ending June 30. 17 2. Not later than January 10, 2022, and not later than 18 January 10 of each subsequent five-year period, the state 19 geologist shall publish a new long-range budget plan for 20 the next planning period. The long-range budget plan shall 21 describe how moneys appropriated, expected to the appropriated, 22 or otherwise available or expected to be available to the 23 Iowa geological survey for each fiscal year of that planning 24 period are to be expended in a manner that best allows the 25 Iowa geographic geological survey to exercise its powers and 26 carry out its duties or functions. The long-range budget plan 27 shall include any performance goals and measures required 28 by law or established by the state geologist. The state 29 geologist shall annually evaluate the Iowa geological survey’s 30 progress in attaining those performance goals and shall revise 31 the long-term budget plan as the state geologist determines 32 necessary or desirable. 33 Sec. 109. 2021 Iowa Acts, chapter 143, section 41, is 34 amended by striking the section and inserting in lieu thereof 35 -45- LSB 5765SC (3) 89 lh/ns 45/ 61
S.F. _____ the following: 1 SEC. 41. Section 456.7 , Code 2021, is amended to read as 2 follows: 3 456.7 Annual report. 4 The On or before January 10 of each year , the state geologist 5 shall , annually, at the time provided by law, make submit to 6 the governor and the general assembly a full report of the work 7 in of the Iowa geological survey performed during the preceding 8 year , which . The report shall include a summary of its current 9 long-range budget plan as provided in section 456.5A . The 10 report may be accompanied by such other reports and papers 11 documents as may be considered the state geologist determines 12 is necessary or desirable for publication. 13 Sec. 110. 2021 Iowa Acts, chapter 165, section 126, is 14 amended to read as follows: 15 SEC. 126. NEW SECTION . 490.903 Required approvals. 16 If a domestic or foreign corporation or eligible entity 17 shall not be a party to a merger without the approval of the 18 superintendent of banking, the commissioner of insurance, or 19 the Iowa utility utilities board, and the applicable statutes 20 or regulations do not specifically deal with transactions under 21 this subchapter but do require such approval for mergers, 22 a corporation or eligible entity shall not be a party to a 23 transaction under this subchapter without the prior approval of 24 that agency or official. 25 Sec. 111. 2021 Iowa Acts, chapter 183, section 5, is amended 26 to read as follows: 27 SEC. 5. Section 9E.7 , Code 2021, is amended by adding the 28 following new subsection: 29 NEW SUBSECTION . 4A. Upon request by a program participant, 30 the assessor or the assessor’s staff shall redact the 31 requestor’s name contained in electronic documents that 32 are displayed for public access through an internet site. 33 The assessor shall implement and maintain a process to 34 facilitate these requests. A fee shall not be charged for the 35 -46- LSB 5765SC (3) 89 lh/ns 46/ 61
S.F. _____ administration of this paragraph subsection . 1 DIVISION II 2 RETROACTIVE APPLICABILITY PROVISIONS 3 Sec. 112. RETROACTIVE APPLICABILITY. The following apply 4 retroactively to July 1, 2021: 5 1. The section of this Act amending 2021 Iowa Acts, chapter 6 101, section 1. 7 2. The section of this Act amending 2021 Iowa Acts, chapter 8 143, section 40. 9 3. The section of this Act amending 2021 Iowa Acts, chapter 10 143, section 41. 11 4. The section of this Act amending 2021 Iowa Acts, chapter 12 183, section 5. 13 Sec. 113. RETROACTIVE APPLICABILITY. The following applies 14 retroactively to January 1, 2022: 15 The section of this Act amending 2021 Iowa Acts, chapter 165, 16 section 126. 17 EXPLANATION 18 The inclusion of this explanation does not constitute agreement with 19 the explanation’s substance by the members of the general assembly. 20 This bill makes Code changes and corrections that are 21 considered to be nonsubstantive and noncontroversial, in 22 addition to style changes. Changes include updating and 23 correcting names of public programs and entities, correcting 24 citations to the United States Code and Iowa Acts, correcting 25 terminology, spelling, format, capitalization, punctuation, and 26 grammar, as well as numbering, renumbering, and reorganizing 27 various provisions to eliminate unnumbered paragraphs and to 28 facilitate citation. The Code sections in which the bill 29 makes technical, grammatical, and other nonsubstantive changes 30 include the following: 31 Division I: 32 Section 7A.3: Supplies a missing definite article in 33 a reference to the director of the department of natural 34 resources in this provision relating to biennial reports by 35 -47- LSB 5765SC (3) 89 lh/ns 47/ 61
S.F. _____ state officials and departments. 1 Section 9G.1: Adds the word “and” before the last item in a 2 series in language relating to books and records of the land 3 office. 4 Section 9G.6: Supplies a missing definite article in 5 language regarding the issuance of patents for lands by the 6 land office. 7 Section 10.1: Strikes language that became superfluous 8 after former subparagraph (1) of subsection 9, paragraph “b”, 9 was stricken by its own terms, and combines the remaining 10 language of this provision that includes interests in 11 protected series as interest holdings that can be counted 12 when determining if a limited liability company is a farmers 13 cooperative limited liability company for purposes of the Code 14 chapter regarding agricultural landholding restrictions. 15 Section 15.271: Changes the word “tourism” to “tourist”, 16 which appears before the word “attractions” in language 17 relating to sites, facilities, and services provided through 18 the economic development authority for travelers in Iowa, to 19 conform to similar terminology used elsewhere in the Code. 20 Section 15F.403: Changes the word “money” to “moneys” to 21 conform terminology used to describe the monetary contents of 22 the sports tourism program fund to other similar terminology 23 elsewhere in the Code. 24 Section 15J.5: Supplies a missing definite article in 25 language regarding the calculation of new state sales tax 26 revenue in reinvestment districts established after July 1, 27 2020, under the Iowa reinvestment Act. 28 Section 16.79A: Changes “principle” to “principal” to 29 correct the term used to describe primary agricultural assets 30 under the beginning farmer tax credit program. 31 Section 17A.7: Strikes the word “either” in language 32 describing three alternative courses of action by an agency 33 after a petition for rulemaking has been filed by an interested 34 person. 35 -48- LSB 5765SC (3) 89 lh/ns 48/ 61
S.F. _____ Section 29B.4: Adds quotation marks and italicizes the word 1 “apprehension” to conform the formatting of this definition of 2 a term within the code of military justice to the formatting 3 used for other definitions of terms in the Iowa Code. 4 Section 39.28: Replaces a numeric self-reference with 5 the words “this chapter and” and a citation to the next Code 6 chapter in the series to correct the citation form used in two 7 places within this provision regarding actions that may be 8 taken by political parties and nonparty political organizations 9 regarding challenges to or enforcement of certain election law 10 provisions. 11 Section 41.1: Changes “point of beginning” to “point of 12 origin” and adds the definite article “the” in two places to 13 conform to other similar usage within this provision governing 14 legislative districts for the Iowa house of representatives. 15 Section 43.114: Adds a comma after a prefatory clause and 16 changes “such” to “the” to improve the readability of this 17 provision relating to the time of holding special charter city 18 primary elections. 19 Section 44.18: Changes a number to the same numeric 20 expression in words to conform to Code style in this provision 21 relating to verification of the status of voter nonparty 22 political organization affiliation for purposes of voter 23 registration. 24 Section 47.3: Supplies a missing definite article in 25 language relating to responsibility for payment of the expenses 26 of conducting elections. 27 Sections 73A.21, 89.3, 91C.1, and 91C.9: Conform references 28 to the division of labor services of the department of 29 workforce development in provisions relating to government 30 agency reciprocal resident bidder and resident labor force 31 preferences and contractor licensing and registration to the 32 language establishing the division of labor services in Code 33 section 84A.1. 34 Section 80D.2: Strikes the words “law enforcement” that 35 -49- LSB 5765SC (3) 89 lh/ns 49/ 61
S.F. _____ appear before the words “academy” and “council” in this 1 provision relating to the establishment of standards for the 2 members of the reserve force to reflect the definitions of the 3 terms “academy” and “council” to mean the “Iowa law enforcement 4 academy” and the “Iowa law enforcement academy council”, 5 respectively, in Code section 80D.1A. 6 Section 85.67: Divides this Code section relating to the 7 administration of and payment of awards from the workers’ 8 compensation fund into two numbered subsections based on 9 subject matter to improve citation to and use of Code section 10 content. 11 Section 91A.2: Strikes the word “the” from prefatory 12 language relating to chapter purposes to conform the language 13 in this provision relating to persons engaged in agriculture 14 who are not employees to similar language elsewhere in the 15 Code. 16 Section 96.1A: Corrects subunit naming conventions and adds 17 the word “this” before a reference to “division (d)” to clarify 18 that this language, excluding certain services performed in 19 connection with commercial canning or freezing of agricultural 20 commodities from the agricultural labor exclusion from the 21 definition of “employment”, for purposes of unemployment 22 compensation eligibility and benefits, is part of subsection 23 16, paragraph “g”, subparagraph (3), subparagraph division (d). 24 Section 96.7: Numbers unnumbered paragraphs in subsection 25 2, paragraph “d”, subparagraph (2), to improve citation to this 26 provision relating to calculation of employer contribution 27 rates to the unemployment compensation fund. 28 Section 96.14: Strikes unneeded commas and archaic and 29 redundant language and updates the language and style in this 30 provision relating to penalties due from and liabilities of an 31 employer for payment, if the employer fails to pay unemployment 32 compensation contributions as required under Code chapter 96. 33 Section 97A.6: Eliminates a double negative and simplifies 34 language in this provision relating to benefits payable under 35 -50- LSB 5765SC (3) 89 lh/ns 50/ 61
S.F. _____ the public safety peace officers’ retirement, accident, and 1 disability system. 2 Section 97B.50A: Eliminates a double negative and 3 simplifies language in this provision relating to disability 4 benefits payable to special service members under the Iowa 5 public employees’ retirement system. 6 Section 99G.36: Conforms language, relating to the 7 commission of the offense of knowingly or intentionally passing 8 a lottery ticket or share in order to avoid the application of 9 an offset for indebtedness, to other similar language in this 10 Code section. 11 Section 100.31: Adds a comma before the last item in 12 a series in this provision relating to school fire safety 13 inspections conducted by the state fire marshal. 14 Section 125.92: Adds commas to set off clauses and improve 15 the readability of this provision regarding the right of a 16 committed person to the rendering of informed consent prior to 17 treatment for a substance-related disorder. 18 Sections 135.107, 262.78, and 263.17: Corrects references 19 by name to the center for agricultural safety and health that 20 is located at the university of Iowa with provisions describing 21 the duties and providing for the establishment of the center. 22 Section 135C.3: Conforms terminology used in