House File 567 - Introduced HOUSE FILE 567 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO HSB 159) (COMPANION TO SF 286 BY COMMITTEE ON JUDICIARY) A BILL FOR An Act relating to nonsubstantive Code corrections, and 1 including effective date and retroactive applicability 2 provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1830HV (1) 90 lh/ns
H.F. 567 DIVISION I 1 MISCELLANEOUS CHANGES 2 Section 1. Section 2.47, Code 2023, is amended to read as 3 follows: 4 2.47 Procedure. 5 The chairpersons of the committees on budget appropriations 6 shall serve as co-chairpersons of the legislative fiscal 7 committee. The legislative fiscal committee shall determine 8 its own method of procedure and shall meet as often as deemed 9 necessary, subject to the approval of the legislative council. 10 It shall keep a record of its proceedings which shall be open 11 to public inspection, and it shall inform the legislative 12 council in advance concerning the dates of meetings of the 13 committee. 14 Sec. 2. Section 2.51, Code 2023, is amended to read as 15 follows: 16 2.51 Visitations. 17 The legislative fiscal committee, with the approval of the 18 legislative council, may direct a subcommittee, which shall be 19 composed of the chairpersons and minority party ranking members 20 of the appropriate subcommittees of the committees on budget 21 appropriations of the senate and the house of representatives 22 and the chairpersons of the appropriate standing committees 23 of the general assembly, to visit the offices and facilities 24 of any state office, department, agency, board, bureau, 25 or commission to review programs authorized by the general 26 assembly and the administration of the programs. When the 27 legislative fiscal committee visits the offices and facilities 28 of any state office, department, agency, board, bureau, 29 or commission to review programs authorized by the general 30 assembly and the administration of the programs, there shall be 31 included the chairpersons and minority party ranking members 32 of the appropriate subcommittees of the committees on budget 33 appropriations of the senate and the house of representatives. 34 The legislative council may appoint a member of the 35 -1- LSB 1830HV (1) 90 lh/ns 1/ 55
H.F. 567 subcommittee or standing committee to serve in place of that 1 subcommittee’s or standing committee’s chairperson or minority 2 party ranking member on the legislative fiscal visitation 3 committee or subcommittee if that person will be absent. The 4 subcommittee and the legislative fiscal committee shall be 5 provided with information by the legislative services agency 6 concerning budgets, programs, and legislation authorizing 7 programs prior to any visitation. Members of a committee shall 8 be compensated pursuant to section 2.10, subsection 5 . The 9 subcommittee shall make reports and recommendations as required 10 by the legislative fiscal committee. 11 Sec. 3. Section 8.39, subsection 4, Code 2023, is amended 12 to read as follows: 13 4. Prior to any transfer of funds pursuant to subsection 14 1 or 2 of this section or a transfer of an allocation from 15 a subunit of a department which statutorily has independent 16 budgeting authority, the director shall notify the chairpersons 17 of the standing committees on budget appropriations of the 18 senate and the house of representatives and the chairpersons of 19 subcommittees of such committees of the proposed transfer. The 20 notice from the director shall include information concerning 21 the amount of the proposed transfer, the departments, 22 institutions or agencies affected by the proposed transfer and 23 the reasons for the proposed transfer. Chairpersons notified 24 shall be given at least two weeks to review and comment on the 25 proposed transfer before the transfer of funds is made. 26 Sec. 4. Section 8C.7A, subsection 3, paragraph c, 27 subparagraph (3), subparagraph division (a), subparagraph 28 subdivision (iii), Code 2023, is amended to read as follows: 29 (iii) The application would result in the authority being 30 noncompliant with the federal Americans With Disabilities Act 31 of 1990 . 32 Sec. 5. Section 13C.1, subsection 4, Code 2023, is amended 33 to read as follows: 34 4. “Professional commercial fund-raiser” means any person 35 -2- LSB 1830HV (1) 90 lh/ns 2/ 55
H.F. 567 who for compensation solicits contributions in Iowa for a 1 charitable organization other than the person. A person 2 whose sole responsibility is to mail fund-raising fundraising 3 literature is not a professional commercial fund-raiser. A 4 lawyer, investment counselor, or banker who advises a person 5 to make a charitable contribution is not, as a result of such 6 advice, a professional commercial fund-raiser. A bona fide 7 salaried officer, employee, or volunteer of a charitable 8 organization is not a professional commercial fund-raiser. 9 Sec. 6. Section 15E.64, subsection 7, Code 2023, is amended 10 to read as follows: 11 7. After incorporation, the Iowa capital investment 12 corporation shall conduct a national solicitation for 13 investment plan proposals from qualified venture capital 14 investment fund allocation managers for the raising and 15 investing of capital by the Iowa fund of funds in accordance 16 with the requirements of this subchapter . Any proposed 17 investment plan shall address the applicant’s level of 18 experience, quality of management, investment philosophy and 19 process, probability of success in fund-raising fundraising , 20 prior investment fund results, and plan for achieving the 21 purposes of this subchapter . The selected venture capital 22 investment fund allocation manager shall be a person 23 with substantial, successful experience in the design, 24 implementation, and management of seed and venture capital 25 investment programs and in capital formation. The corporation 26 shall only select a venture capital investment fund allocation 27 manager with demonstrated expertise in the management and 28 fund allocation of investments in venture capital funds. The 29 corporation shall select the venture capital investment fund 30 allocation manager deemed best qualified to generate the amount 31 of capital required by this subchapter and to invest the 32 capital of the Iowa fund of funds. 33 Sec. 7. Section 22.7, subsection 52, paragraph c, Code 2023, 34 is amended to read as follows: 35 -3- LSB 1830HV (1) 90 lh/ns 3/ 55
H.F. 567 c. Except as provided in paragraphs “a” and “b” , portions 1 of records relating to the receipt, holding, and disbursement 2 of gifts made for the benefit of regents institutions and 3 made through foundations established for support of regents 4 institutions, including but not limited to written fund-raising 5 fundraising policies and documents evidencing fund-raising 6 fundraising practices, shall be subject to this chapter . 7 Sec. 8. Section 23A.2, subsections 6, 7, and 8, Code 2023, 8 are amended to read as follows: 9 6. a. The director of the department of corrections, with 10 the advice of the state prison industries advisory board, may, 11 by rule, provide for exemptions from this chapter . 12 b. This chapter shall not be construed to impair cooperative 13 agreements between Iowa state industries and private 14 enterprise. 15 c. The director of the department of corrections, with the 16 advice of the board of corrections, may, by rule, provide for 17 exemption from this chapter for vocational-educational programs 18 and farm operations of the department. 19 7. However, this chapter shall not be construed to impair 20 cooperative agreements between Iowa state industries and 21 private enterprise. 22 8. The director of the department of corrections, with the 23 advice of the board of corrections, may by rule, provide for 24 exemption from this chapter for vocational-educational programs 25 and farm operations of the department. 26 Sec. 9. Section 29C.9, subsection 3, Code 2023, is amended 27 to read as follows: 28 3. The name used by the commission shall be (county name) 29 county emergency management commission . The name used by 30 the office of the commission shall be (county name) county 31 emergency management agency . 32 Sec. 10. Section 35A.13, subsection 4, paragraph c, 33 subparagraph (3), Code 2023, is amended to read as follows: 34 (3) Costs for performance and compliance monitoring , and 35 -4- LSB 1830HV (1) 90 lh/ns 4/ 55
H.F. 567 accounting for fund investments. 1 Sec. 11. Section 53.47, subsection 1, Code 2023, is amended 2 to read as follows: 3 1. In order to establish uniformity in size, weight , 4 and other characteristics of the ballot and facilitate its 5 distribution and return, the department of administrative 6 services shall upon direction of the state commissioner 7 purchase any material needed for any special ballots, 8 envelopes , and other printed matter, and sell any such 9 materials to the several counties of the state at cost plus 10 handling and transportation costs. 11 Sec. 12. Section 68A.304, subsection 1, paragraph a, Code 12 2023, is amended to read as follows: 13 a. Equipment, supplies, or other materials purchased 14 with campaign funds or received in-kind in kind are campaign 15 property. 16 Sec. 13. Section 68A.701, Code 2023, is amended to read as 17 follows: 18 68A.701 Penalty. 19 Any person who willfully violates any provisions of 20 this chapter shall , upon conviction, be guilty of a serious 21 misdemeanor. 22 Sec. 14. Section 76.10, subsection 1, Code 2023, is amended 23 to read as follows: 24 1. All public bonds or obligations issued before or after 25 July 1, 1983 , may be in registered form. An issuer of public 26 bonds or obligations may designate for a term as agreed upon, 27 one or more persons, corporations, partnerships, or other 28 associations located within or without the state to serve as 29 trustee, transfer agent, registrar, depository, or paying or 30 other agent in connection with the public bonds or obligations 31 and to carry out services and functions which are customary in 32 such capacities or convenient or necessary to comply with the 33 intent and provisions of this chapter . 34 Sec. 15. Section 80D.7, Code 2023, is amended to read as 35 -5- LSB 1830HV (1) 90 lh/ns 5/ 55
H.F. 567 follows: 1 80D.7 Carrying weapons. 2 A member of a reserve force shall not carry a weapon in 3 the line of duty until the member has been approved by the 4 governing body and certified by the Iowa law enforcement 5 academy council to carry weapons. After approval and 6 certification, a reserve peace officer may carry a weapon in 7 the line of duty only when authorized by the chief of police, 8 sheriff, commissioner of public safety or the commissioner’s 9 designee, or director of the judicial district department of 10 correctional services or the director’s designee, as the case 11 may be. 12 Sec. 16. Section 99F.6, subsection 4, paragraph a, 13 subparagraph (4), Code 2023, is amended to read as follows: 14 (4) A qualified sponsoring organization shall not make a 15 contribution to a candidate, political committee, candidate’s 16 committee, state statutory political committee, county 17 statutory political committee, national political party, or 18 fund-raising fundraising event as these terms are defined in 19 section 68A.102 . The membership of the board of directors of 20 a qualified sponsoring organization shall represent a broad 21 interest of the communities. 22 Sec. 17. Section 100.14, Code 2023, is amended to read as 23 follows: 24 100.14 Legal proceedings —— penalties —— injunctive relief. 25 At the request of the state fire marshal, the county 26 attorney shall institute any legal proceedings on behalf of the 27 state necessary to obtain compliance or enforce the penalty 28 provisions of this chapter or rules or orders adopted or issued 29 pursuant to this chapter , including , but not limited to , a 30 legal action for injunctive relief. The county attorney or 31 any other attorney acting on behalf of the chief of a fire 32 department or a fire prevention officer may institute legal 33 proceedings, including , but not limited to , a legal action for 34 injunctive relief, to obtain compliance or enforce the penalty 35 -6- LSB 1830HV (1) 90 lh/ns 6/ 55
H.F. 567 provisions or orders issued pursuant to section 100.13 . 1 Sec. 18. Section 103.18, Code 2023, is amended to read as 2 follows: 3 103.18 License renewal —— continuing education. 4 In order to renew a class A master electrician license , class 5 B master electrician license , class A journeyman electrician 6 license , or class B journeyman electrician license issued 7 pursuant to this chapter , the licensee shall be required to 8 complete eighteen contact hours of continuing education courses 9 approved by the board during the three-year period for which a 10 license is granted. The contact hours shall include a minimum 11 of six contact hours studying the national electrical code 12 described in section 103.6 , and the remaining contact hours may 13 include study of electrical circuit theory, blueprint reading, 14 transformer and motor theory, electrical circuits and devices, 15 control systems, programmable controllers, and microcomputers 16 or any other study of electrical-related material that is 17 approved by the board. Any additional hours studying the 18 national electrical code shall be acceptable. For purposes of 19 this section , “contact hour” means fifty minutes of classroom 20 attendance at an approved course under a qualified instructor 21 approved by the board. 22 Sec. 19. Section 147.77, subsection 1, paragraph h, 23 subparagraph (3), Code 2023, is amended to read as follows: 24 (3) For the regulation of licensees in restricted areas of 25 a racing facility, that licensees whose duties require them to 26 be in a restricted area of a racing facility shall not have 27 present within their systems any controlled substance as listed 28 in schedules I to V of U.S.C. Tit. 21 (Food and Drug Section 29 812) section 202 of the federal Controlled Substances Act, 30 21 U.S.C. §812 , chapter 124 , or any prescription drug unless 31 it was obtained directly or pursuant to valid prescription 32 or order from a duly licensed physician who is acting in the 33 course of professional practice. 34 Sec. 20. Section 147F.1, subsection 2, paragraph a, Code 35 -7- LSB 1830HV (1) 90 lh/ns 7/ 55
H.F. 567 2023, is amended to read as follows: 1 a. “Active duty military” means full-time duty status in 2 the active uniformed service of the United States, including 3 members of the national guard and the reserves on active duty 4 orders pursuant to 10 U.S.C. §1209 ch. 1209 and 10 U.S.C. §1211 5 ch. 1211 . 6 Sec. 21. Section 147F.1, subsection 6, Code 2023, is amended 7 to read as follows: 8 6. Active duty military personnel or their spouses. Active 9 duty military personnel, or their spouse spouses , shall 10 designate a home state where the individual has a current 11 license in good standing. The individual may retain the 12 home state designation during the period the service member 13 is on active duty. Subsequent to designating a home state, 14 the individual shall only change their home state through 15 application for licensure in the new state. 16 Sec. 22. Section 147F.1, subsection 8, paragraph c, 17 subparagraph (11), Code 2023, is amended to read as follows: 18 (11) Accept any and all appropriate donations and grants 19 of money, equipment, supplies, materials, and services, and 20 receive, utilize , and dispose of the same; provided that at all 21 times the commission shall avoid any appearance of impropriety 22 or conflict of interest. 23 Sec. 23. Section 151.10, Code 2023, is amended to read as 24 follows: 25 151.10 Education requirements. 26 A person who is an applicant for a license to practice 27 chiropractic shall only be required to be tested for the 28 adjunctive procedures specified in section 151.1, subsection 29 3 , which the person chooses to utilize. A person licensed 30 to practice chiropractic shall only be required to complete 31 continuing education requirements for the adjunctive procedures 32 specified in section 151.1, subsection 3 , which the person 33 chooses to utilize. A person who is an applicant for a license 34 to practice chiropractic or a person licensed to practice 35 -8- LSB 1830HV (1) 90 lh/ns 8/ 55
H.F. 567 chiropractic shall not be required to utilize any of the 1 adjunctive procedures specified in section 151.1, subsection 2 3 , to obtain a license or continue to practice chiropractic, 3 respectively. 4 Sec. 24. Section 162.2, subsection 4, Code 2023, is amended 5 to read as follows: 6 4. “Animal warden” means any person employed, contracted, or 7 appointed by the state, municipal corporation, or any political 8 subdivision of the state, for the purpose of aiding in the 9 enforcement of the provisions of this chapter or any other law 10 or ordinance relating to the licensing of animals, control of 11 animals , or seizure and impoundment of animals and includes any 12 peace officer, animal control officer, or other employee whose 13 duties in whole or in part include assignments which involve 14 the seizure or taking into custody of any animal. 15 Sec. 25. Section 165A.1, subsection 4, Code 2023, is amended 16 to read as follows: 17 4. “Johne’s disease” means a disease caused by the bacterium 18 mycobacterium Mycobacterium paratuberculosis, and which is also 19 referred to as paratuberculosis disease. 20 Sec. 26. Section 189A.5, subsection 2, paragraph e, Code 21 2023, is amended to read as follows: 22 e. Investigate the sanitary conditions of each establishment 23 within paragraph “a” of this subsection and withdraw or 24 otherwise refuse to provide inspection service at any such 25 establishment where the sanitary conditions are such as to 26 render adulterated any livestock products or poultry products 27 prepared or handled thereat at the establishment . 28 Sec. 27. Section 190.2, subsection 1, Code 2023, is amended 29 to read as follows: 30 1. The department may establish and publish standards for 31 foods when such standards are not fixed by law. The standards 32 shall conform with standards for foods adopted by federal 33 agencies including , but not limited to , the United States 34 department of agriculture. 35 -9- LSB 1830HV (1) 90 lh/ns 9/ 55
H.F. 567 Sec. 28. Section 202A.4, subsection 2, Code 2023, is amended 1 to read as follows: 2 2. A provision which is part of a contract for the purchase 3 of livestock executed on and after April 29, 1999, for the 4 purchase of livestock is void , if the provision states that 5 information contained in the contract is confidential. The 6 provision is void regardless of whether the confidentiality 7 provision is express or implied; oral or written; required or 8 conditional; or contained in the contract, another contract, 9 or in a related document, policy, or agreement. This section 10 does not affect other provisions of a contract or a related 11 document, policy, or agreement which can be given effect 12 without the voided provision. This section does not require 13 either party to the contract to divulge the information in the 14 contract to another person. 15 Sec. 29. Section 206.8, subsection 3, Code 2023, is amended 16 to read as follows: 17 3. Up to twenty-five dollars of each annual license fee 18 shall be retained by the department for administration of the 19 program, and the remaining moneys collected shall be deposited 20 in the agriculture management account of the groundwater 21 protection fund created in section 455E.11 . 22 Sec. 30. Section 206.12, subsection 3, Code 2023, is amended 23 to read as follows: 24 3. The registrant, before selling or offering for sale any 25 pesticide for use in this state, shall register each brand 26 and grade of such pesticide with the secretary upon forms 27 furnished by the secretary , and the . The secretary shall set 28 the registration fee annually at three hundred dollars for 29 each and every brand and grade to be offered for sale in this 30 state. The secretary shall adopt by rule exemptions to the 31 fee. Fifty dollars of each fee collected shall be deposited 32 in the general fund of the state, shall be subject to the 33 requirements of section 8.60 , and shall be used only for the 34 purpose of enforcing the provisions of this chapter and the . 35 -10- LSB 1830HV (1) 90 lh/ns 10/ 55
H.F. 567 The remainder of each fee collected shall be placed deposited 1 in the agriculture management account of the groundwater 2 protection fund created in section 455E.11 . 3 Sec. 31. Section 210.23, Code 2023, is amended to read as 4 follows: 5 210.23 Exception. 6 Any person engaged in operating a home food processing 7 establishment as defined in section 137D.1 is exempt from the 8 provisions of sections 210.19 through 210.22 . 9 Sec. 32. Section 225.26, Code 2023, is amended to read as 10 follows: 11 225.26 Private patients —— disposition of funds. 12 All moneys collected from private patients shall be used for 13 the support of the said state psychiatric hospital. 14 Sec. 33. Section 226.42, subsection 1, Code 2023, is amended 15 to read as follows: 16 1. May The superintendent may collect moneys due the state 17 treasury from the counties and from responsible persons or 18 other relatives, these funds to be collected monthly, instead 19 of quarterly, and to be deposited for use in operating the 20 institutes. 21 Sec. 34. Section 232.46, subsection 3, Code 2023, is amended 22 to read as follows: 23 3. A consent decree shall not be entered unless the child 24 and the child’s parent, guardian , or custodian is are informed 25 of the consequences of the decree by the court and the court 26 determines that the child has voluntarily and intelligently 27 agreed to the terms and conditions of the decree. If the 28 county attorney objects to the entry of a consent decree, 29 the court shall proceed to determine the appropriateness of 30 entering a consent decree after consideration of any objections 31 or reasons for entering such a decree. 32 Sec. 35. Section 237.18, subsection 2, paragraph d, 33 unnumbered paragraph 1, Code 2023, is amended to read as 34 follows: 35 -11- LSB 1830HV (1) 90 lh/ns 11/ 55
H.F. 567 Establish mandatory training programs for members of the 1 state board. Training shall focus on , but not be limited to , 2 the following: 3 Sec. 36. Section 252B.6A, subsection 2, paragraph b, 4 subparagraph (2), unnumbered paragraph 1, Code 2023, is amended 5 to read as follows: 6 The department shall adopt rules which include , but are 7 not limited to , exemption from application of this section 8 to proceedings based upon , but not limited to , any of the 9 following: 10 Sec. 37. Section 252B.6A, subsection 4, Code 2023, is 11 amended to read as follows: 12 4. For the purposes of this section , a “judicial proceeding” 13 means an action to enforce support filed with a court of 14 competent jurisdiction in which the court issues an order which 15 identifies the amount of the support collection which is a 16 direct result of the court proceeding. “Judicial proceedings” 17 include but are not limited to those pursuant to chapters 18 chapter 598 , 626 , 633 , 642 , 654 , or 684 and also include 19 contempt proceedings if the collection payment is identified in 20 the court order as the result of such a proceeding. “Judicial 21 proceedings” do not include enforcement actions which the unit 22 is required to implement under federal law including , but not 23 limited to , income withholding. 24 Sec. 38. Section 252D.16, subsection 2, Code 2023, is 25 amended to read as follows: 26 2. “Payor of income” or “payor” means and includes , but is 27 not limited to , an obligor’s employer, trustee, the state of 28 Iowa and all governmental subdivisions and agencies and any 29 other person from whom an obligor receives income. 30 Sec. 39. Section 256.82, subsection 1, paragraph a, 31 subparagraph (3), Code 2023, is amended to read as follows: 32 (3) One member shall be appointed from the membership of 33 a fund-raising fundraising nonprofit organization financially 34 assisting the Iowa public broadcasting division. 35 -12- LSB 1830HV (1) 90 lh/ns 12/ 55
H.F. 567 Sec. 40. Section 256B.2, subsection 2, paragraph c, Code 1 2023, is amended to read as follows: 2 c. For those children who cannot adapt to the regular 3 educational or home living conditions, and who are attending 4 facilities under chapters chapter 263 , 269 , and or 270 , upon 5 the request of the board of directors of an area education 6 agency, the department of human services shall provide 7 residential or detention facilities and the area education 8 agency shall provide special education programs and services. 9 The area education agencies shall cooperate with the state 10 board of regents to provide the services required by this 11 chapter . 12 Sec. 41. Section 260C.44, subsection 2, paragraph c, Code 13 2023, is amended to read as follows: 14 c. “Apprenticeship program” means a plan, registered 15 with the United States department of labor, office of 16 apprenticeship which contains the terms and conditions for the 17 qualification, recruitment, selection, employment, and training 18 of apprentices, including the requirement for a written 19 apprenticeship agreement. 20 Sec. 42. Section 261.85, subsection 2, Code 2023, is amended 21 to read as follows: 22 2. From moneys appropriated in this section , one 23 million five hundred thousand dollars shall be allocated to 24 institutions of higher education under the state board of 25 regents and community colleges and the remaining dollars 26 moneys appropriated in this section shall be allocated by the 27 commission on the basis of need as determined by the portion of 28 the federal formula for distribution of work-study funds that 29 relates to the current need of institutions. 30 Sec. 43. Section 261.114, subsection 9, Code 2023, is 31 amended to read as follows: 32 9. Trust fund established. A rural Iowa advanced registered 33 nurse practitioner and physician assistant trust fund is 34 created in the state treasury as a separate fund under the 35 -13- LSB 1830HV (1) 90 lh/ns 13/ 55
H.F. 567 control of the commission. The commission shall remit all 1 repayments made pursuant to this section to the rural Iowa 2 advanced registered nurse practitioner and physician assistant 3 trust fund. All moneys deposited or paid into the trust fund 4 are appropriated and made available to the commission to be 5 used for meeting the requirements of this section . Moneys in 6 the fund up to the total amount that an eligible student may 7 receive for an eligible loan in accordance with this section 8 and upon fulfilling the requirements of subsection 3 shall be 9 considered encumbered for the duration of the agreement entered 10 into pursuant to subsection 3 . Notwithstanding section 8.33 , 11 any balance in the fund on June 30 of each fiscal year shall not 12 revert to the general fund of the state, but shall be available 13 for purposes of this section in subsequent fiscal years. 14 Notwithstanding section 8.33 , any balance in the fund on June 15 30, 2023, shall not revert to the general fund of the state but 16 shall be transferred to the health care loan repayment award 17 fund established pursuant to section 261.116 to be used for 18 purposes of the health care loan repayment award program. 19 Sec. 44. Section 261.117, subsection 1, paragraph e, 20 subparagraph (4), Code 2023, is amended to read as follows: 21 (4) The individual is not eligible for the rural Iowa 22 advanced registered nurse practitioner and physician assistant 23 loan repayment program established pursuant to section 261.114 . 24 Sec. 45. Section 262.71, subsections 2 and 3, Code 2023, are 25 amended to read as follows: 26 2. The Iowa state university of science and technology . 27 3. The state university of Iowa. 28 Sec. 46. Section 262.78, subsections 1 and 3, Code 2023, are 29 amended to read as follows: 30 1. The board of regents shall establish a center for 31 agricultural safety and health at the state university of Iowa. 32 The center shall be a joint venture by the state university of 33 Iowa and Iowa state university of science and technology. The 34 center shall establish farm health and safety programs designed 35 -14- LSB 1830HV (1) 90 lh/ns 14/ 55
H.F. 567 to reduce the incidence of disabilities suffered by persons 1 engaged in agriculture which results from disease or injury. 2 The state university of Iowa is primarily responsible for the 3 management of agricultural health and injury programs at the 4 center. Iowa state university of science and technology is 5 primarily responsible for the management of the agricultural 6 safety programs of the center. 7 3. The president of the state university of Iowa, in 8 consultation with the president of Iowa state university of 9 science and technology, shall employ a full-time director 10 of the center. The center may employ staff to carry out 11 the center’s purpose. The director shall coordinate the 12 agricultural health and safety programs of the center. The 13 director shall regularly meet and consult with the center for 14 rural health and primary care. The director shall provide 15 the board of regents with relevant information regarding the 16 center. 17 Sec. 47. Section 279.41, subsection 1, Code 2023, is amended 18 to read as follows: 19 1. Moneys received from the condemnation, sale, or other 20 disposition for public purposes of schoolhouses, school sites, 21 or both schoolhouses and school sites, shall be deposited in 22 the physical plant and equipment levy fund and may , without a 23 vote of the electorate , be used for purposes authorized under 24 section 298.3 , as ordered by the board of directors of the 25 school corporation. 26 Sec. 48. Section 298A.8, subsections 1 and 3, Code 2023, are 27 amended to read as follows: 28 1. The student activity fund is a special revenue fund. 29 A student activity fund must be established in any school 30 corporation receiving money from student-related activities 31 such as admissions, activity fees, student dues, student 32 fund-raising fundraising events, or other student-related 33 cocurricular or extracurricular activities. Moneys in 34 this fund shall be used to support only the cocurricular or 35 -15- LSB 1830HV (1) 90 lh/ns 15/ 55
H.F. 567 extracurricular program defined in department of education 1 administrative rules. 2 3. For the school budget year beginning July 1, 2020, the 3 school budget year beginning July 1, 2021, and the school 4 budget year beginning July 1, 2022, the board of directors 5 may, by board resolution and notwithstanding any provision of 6 law to the contrary, transfer from the school corporation’s 7 general fund to the student activity fund an amount necessary, 8 as recommended by the superintendent, to fund cocurricular 9 or extracurricular activities for which moneys from 10 student-related activities such as admissions, activity fees, 11 student dues, student fund-raising fundraising events, or other 12 student-related cocurricular or extracurricular activities fail 13 to meet the financial needs of the activity as the result of 14 restrictions placed on the activity related to the COVID-19 15 pandemic. This subsection is repealed July 1, 2023. 16 Sec. 49. Section 314.11, Code 2023, is amended to read as 17 follows: 18 314.11 Use of bridges by utility companies. 19 Telephone, telegraph, electric transmission , and pipe lines 20 pipelines may be permitted to use any highway bridge on or 21 across a state line on such terms and conditions as the agency 22 or officials jointly constructing, maintaining , or operating 23 such bridge may jointly determine. No discrimination shall 24 be made in the use of such bridge as between such utilities. 25 Joint use of telephone, telegraph, electric transmission , or 26 pipe lines pipelines may not be required. No grant to any 27 public utility to use such bridge shall in any way interfere 28 with the use of such bridge by the public for highway purposes. 29 Sec. 50. Section 314.22, subsection 3, paragraph a, 30 unnumbered paragraph 1, Code 2023, is amended to read as 31 follows: 32 The director of the department shall appoint members to an 33 integrated roadside vegetation management technical advisory 34 committee which is created to provide advice on the development 35 -16- LSB 1830HV (1) 90 lh/ns 16/ 55
H.F. 567 and implementation of a statewide integrated roadside 1 vegetation management plan and program and related projects. 2 The department shall report annually in January to the general 3 assembly regarding its activities and those of the committee. 4 Activities of the committee may include , but are not limited 5 to , providing advice and assistance in the following areas: 6 Sec. 51. Section 314.22, subsection 4, unnumbered paragraph 7 1, Code 2023, is amended to read as follows: 8 The integrated roadside vegetation management coordinator 9 shall administer the department’s integrated roadside 10 vegetation management plan and program. The department 11 may create the position of integrated roadside vegetation 12 management coordinator within the department or may contract 13 for the services of the coordinator. The duties of the 14 coordinator include , but are not limited to , the following: 15 Sec. 52. Section 314.22, subsection 8, paragraph a, 16 unnumbered paragraph 1, Code 2023, is amended to read as 17 follows: 18 The department shall coordinate and compile integrated 19 roadside vegetation inventories, classification systems, 20 plans, and implementation strategies for roadsides. Areas of 21 increased program and project emphasis may include , but are not 22 limited to , all of the following: 23 Sec. 53. Section 320.7, Code 2023, is amended to read as 24 follows: 25 320.7 Failure to maintain. 26 Failure of the grantee to comply with the terms of the grant 27 shall be ground grounds for forfeiture of the grant. 28 Sec. 54. Section 327D.5, Code 2023, is amended to read as 29 follows: 30 327D.5 Burden of proof. 31 In any action in court, or before the department, brought 32 against a railroad corporation for the purpose of enforcing 33 rights arising under the provisions of this section and 34 sections 327D.3 and 327D.4 the burden of proving that the 35 -17- LSB 1830HV (1) 90 lh/ns 17/ 55
H.F. 567 provisions thereof have been complied with by such railroad 1 corporation, shall be upon such railroad corporation. 2 Sec. 55. Section 328.26, subsection 2, Code 2023, is amended 3 to read as follows: 4 2. When an aircraft is registered to a person for the first 5 time, the fee submitted to the department shall include the tax 6 imposed by section 423.2 or section 423.5 or evidence of the 7 exemption of the aircraft from the tax imposed under section 8 423.2 or 423.5 . 9 Sec. 56. Section 331.653, subsection 12, Code 2023, is 10 amended to read as follows: 11 12. Observe and inspect any licensed premise premises for 12 gambling devices and report findings to the license-issuing 13 authority as provided in section 99A.4 . 14 Sec. 57. Section 346.27, subsections 2 and 4, Code 2023, are 15 amended to read as follows: 16 2. Any county may join with its county seat to incorporate 17 an “Authority” “authority” for the purpose of acquiring, 18 constructing, demolishing, improving, enlarging, equipping, 19 furnishing, repairing, maintaining, and operating a public 20 building, and to acquire and prepare the necessary site, 21 including demolition of any structures, for the joint use of 22 the county and city or any school district which is within or 23 is a part of the county or city. 24 4. The articles of incorporation shall set forth the name 25 of the authority, the name of the incorporating units, the 26 purpose for which the authority is created, the number, terms, 27 and manner of selection of its officers including its governing 28 body which shall be known as the “commission” “commission” , the 29 powers and duties of the authority and of its officers, the 30 date upon which the authority becomes effective, the name of 31 the newspaper in which the articles of incorporation shall be 32 published, and any other matters. 33 Sec. 58. Section 350.1, Code 2023, is amended to read as 34 follows: 35 -18- LSB 1830HV (1) 90 lh/ns 18/ 55
H.F. 567 350.1 Purposes. 1 The purposes of this chapter are to create a county 2 conservation board ; and to authorize counties to acquire, 3 develop, maintain, and make available to the inhabitants 4 of the county, public museums, parks, preserves, parkways, 5 playgrounds, recreational centers, county forests, and wildlife 6 and other conservation areas ; , and to promote and preserve the 7 health and general welfare of the people , ; to encourage the 8 orderly development and conservation of natural resources , ; and 9 to cultivate good citizenship by providing adequate programs of 10 public recreation. 11 Sec. 59. Section 350.4, unnumbered paragraph 1, Code 2023, 12 is amended to read as follows: 13 The county conservation board shall have the custody, 14 control , and management of all real and personal property 15 heretofore or hereafter acquired by the county for public 16 museums, parks, preserves, parkways, playgrounds, recreation 17 centers, county forests, county wildlife areas, and other 18 county conservation and recreation purposes and is authorized 19 and empowered: 20 Sec. 60. Section 350.4, subsections 4, 5, and 7, Code 2023, 21 are amended to read as follows: 22 4. To plan, develop, preserve, administer and maintain all 23 such areas, places , and facilities, and construct, reconstruct, 24 alter , and renew buildings and other structures, and equip and 25 maintain the same. 26 5. To accept in the name of the county gifts, bequests, 27 contributions , and appropriations of money and other personal 28 property for conservation purposes. 29 7. To charge and collect reasonable fees for the use of 30 the parks, facilities, privileges , and conveniences as may 31 be provided and for admission to amateur athletic contests, 32 demonstrations and exhibits, and other noncommercial events. 33 The board shall not allow the exclusive use of a park by one or 34 more organizations. 35 -19- LSB 1830HV (1) 90 lh/ns 19/ 55
H.F. 567 Sec. 61. Section 350.5, subsection 1, Code 2023, is amended 1 to read as follows: 2 1. The county conservation board may make, alter, amend , or 3 repeal regulations for the protection, regulation, and control 4 of all museums, parks, preserves, parkways, playgrounds, 5 recreation centers, and other property under its control. The 6 regulations shall not be contrary to, or inconsistent with, the 7 laws of this state. 8 Sec. 62. Section 357.18, Code 2023, is amended to read as 9 follows: 10 357.18 Acceptance of work. 11 When in the opinion of the engineer in charge , the 12 construction in any benefited water district has been completed 13 in accordance with the plans, specifications, and contract, the 14 engineer shall certify this fact to the board of supervisors , 15 and recommend the acceptance of the work by the said board. 16 The board of supervisors shall proceed in accordance with 17 sections 468.101 and 468.102 . 18 Sec. 63. Section 376.3, Code 2023, is amended to read as 19 follows: 20 376.3 Nominations. 21 Candidates for elective city offices must be nominated as 22 provided in sections 376.4 through 376.9 , unless by ordinance 23 a city chooses the provisions of chapter 44 or 45 . However, 24 a city acting under a special charter in 1973 and having a 25 population of over fifty thousand shall continue to hold 26 partisan elections as provided in sections 43.112 through 27 43.118 and sections 420.126 through 420.137 , unless the city by 28 election as provided in section 43.112 chooses to conduct city 29 elections under this chapter or chapter 44 or 45 . The choice 30 of one of these options by such a special charter city does not 31 otherwise affect the validity of the city’s charter. However, 32 special charter cities which choose to exercise the option to 33 conduct nonpartisan city elections may choose , in the same 34 manner the original decision was made, to resume holding city 35 -20- LSB 1830HV (1) 90 lh/ns 20/ 55
H.F. 567 elections on a partisan basis. 1 Sec. 64. Section 384.84A, subsection 5, Code 2023, is 2 amended to read as follows: 3 5. If a city is required by the federal environmental 4 protection agency to file application for storm water sewer 5 discharge or storm water drainage system under the federal 6 Clean Water Act of 1987, this section does not apply to that 7 city with respect to improvements and facilities required 8 for compliance with EPA federal environmental protection 9 agency regulations, or any city that enters into a chapter 10 28E agreement to implement a joint storm water discharge or 11 drainage system with a city that is required by the federal 12 environmental protection agency to file application for storm 13 water discharge or storm water drainage system. 14 Sec. 65. Section 411.21, subsections 5 and 6, Code 2023, are 15 amended to read as follows: 16 5. A member of the retirement system prior to July 1, 17 1979 , with fifteen or more years of service whose employment 18 was terminated prior to retirement, other than by death or 19 disability, is entitled to receipt of the member’s accumulated 20 contributions upon retirement together with other retirement 21 benefits provided in the law on the date of the member’s 22 retirement. 23 6. Any member in service prior to July 1, 1979 , may at 24 the time of the member’s retirement withdraw the member’s 25 accumulated contributions made before July 1, 1979 , or receive 26 an annuity which shall be the actuarial equivalent of the 27 member’s accumulated contributions at the time of the member’s 28 retirement. 29 Sec. 66. Section 411.21, subsection 7, paragraph a, Code 30 2023, is amended to read as follows: 31 a. Notwithstanding subsections 1, 3, 4, 5 , and 6 of this 32 section , beginning January 1, 1981, an active or vested member 33 may request in writing and receive from the board of trustees, 34 the member’s accumulated contributions from the annuity savings 35 -21- LSB 1830HV (1) 90 lh/ns 21/ 55
H.F. 567 fund and remain eligible to receive benefits under section 1 411.6 . However, a member with fifteen or more years of service 2 prior to July 1, 1979, is not eligible for a service retirement 3 allowance under section 411.6 if the member withdrew the 4 member’s accumulated contributions from the annuity savings 5 fund after July 1, 1972 , but prior to July 1, 1979, except as 6 provided in section 411.4 . Accumulated contributions shall be 7 paid according to the following schedule: 8 (1) During the period beginning January 1, 1981 , and ending 9 December 31, 1982, any member who has completed twenty or more 10 years of service. 11 (2) During the period beginning January 1, 1983 , and ending 12 December 31, 1984, any member who has completed fifteen or more 13 years of service. 14 (3) During the period beginning January 1, 1985 , and ending 15 December 31, 1986, any member who has completed ten or more 16 years of service. 17 (4) During the period beginning January 1, 1987 , and ending 18 December 31, 1988, any member who has completed five or more 19 years of service. 20 Sec. 67. Section 419.2, subsections 6 and 8, Code 2023, are 21 amended to read as follows: 22 6. To grant easements for roads, streets, water mains and 23 pipes, sewers, power lines, telephone lines, all pipe lines 24 pipelines , and to all utilities. 25 8. To issue revenue bonds for the purpose of retiring any 26 existing indebtedness of a health care facility, clinic , or 27 voluntary nonprofit hospital, to secure payment of the bonds 28 as provided in this chapter , and to enter into agreements 29 with others with respect to these bonds for such payments and 30 upon such terms and conditions as the governing body may deem 31 advisable in accordance with the provisions of this chapter . 32 The retiring of any existing indebtedness of a health care 33 facility, clinic , or voluntary nonprofit hospital shall be 34 deemed a “project” for the purposes of this chapter . 35 -22- LSB 1830HV (1) 90 lh/ns 22/ 55
H.F. 567 Sec. 68. Section 421.24, subsection 4, paragraph a, Code 1 2023, is amended to read as follows: 2 a. At the request of the director , the attorney general 3 may bring suit in the name of this state , in the appropriate 4 court of any other state to collect any tax legally due in 5 this state, and any political subdivision of this state or the 6 appropriate officer, acting in its behalf, may bring suit in 7 the appropriate court of any other state to collect any tax 8 legally due to such political subdivision. 9 Sec. 69. Section 422.11L, subsection 6, Code 2023, is 10 amended to read as follows: 11 6. For purposes of this section , “Internal Revenue Code” 12 means the Internal Revenue Code of 1954, prior to the date 13 of its redesignation as the Internal Revenue Code of 1986 by 14 the Tax Reform Act of 1986, or means the Internal Revenue Code 15 of 1986 as amended and in effect on January 1, 2016. This 16 definition shall not be construed to include any amendment to 17 the Internal Revenue Code enacted after the date specified in 18 the preceding sentence January 1, 2016 , including any amendment 19 with retroactive applicability or effectiveness. 20 Sec. 70. Section 428A.9, Code 2023, is amended to read as 21 follows: 22 428A.9 Refund of tax. 23 To receive a refund from the state , the taxpayer shall 24 petition the state appeal board for a refund of the amount of 25 overpayment of the tax remitted to the department of revenue. 26 To receive a refund from the county , the taxpayer shall 27 petition the board of supervisors for a refund of the remaining 28 portion of the overpayment paid to that county. 29 Sec. 71. Section 455B.224, Code 2023, is amended to read as 30 follows: 31 455B.224 Simple misdemeanor. 32 Any person, including any firm, corporation, municipal 33 corporation, or other governmental subdivision or agency, 34 violating any provisions of this part 2 of subchapter III or 35 -23- LSB 1830HV (1) 90 lh/ns 23/ 55
H.F. 567 the rules adopted under this part after written notice of the 1 violation by the executive director is guilty of a simple 2 misdemeanor. Each day of operation in such violation of this 3 part or any rules adopted under this part shall constitute a 4 separate offense. It shall be the duty of the appropriate 5 county attorney to secure injunctions of continuing violations 6 of any provisions of this part or the rules adopted under this 7 part . 8 Sec. 72. Section 455B.301, subsection 27, Code 2023, is 9 amended to read as follows: 10 27. “Sanitary disposal project” means all facilities 11 and appurtenances including all real and personal property 12 connected with such facilities, which are acquired, purchased, 13 constructed, reconstructed, equipped, improved, extended, 14 maintained, or operated to facilitate the final disposition of 15 solid waste without creating a significant hazard to the public 16 health or safety, and which are approved by the executive 17 director. “Sanitary disposal project” does not include a 18 pyrolysis or gasification facility. 19 Sec. 73. Section 455B.395, Code 2023, is amended to read as 20 follows: 21 455B.395 Public information. 22 Information obtained under this part 4, or a rule, order , 23 or condition adopted or issued under this part 4 , or an 24 investigation authorized thereby, shall be available to the 25 public unless the information constitutes trade secrets or 26 information which is entitled to confidential treatment in 27 order to protect a plan, process, tool, mechanism, or compound 28 which is known only to the person claiming confidential 29 treatment and confidential treatment is necessary to protect 30 the person’s trade, business or manufacturing process. 31 Sec. 74. Section 455B.473, subsection 6, Code 2023, is 32 amended to read as follows: 33 6. Subsections 1 through 3 do not apply to an underground 34 storage tank for which notice was given pursuant to section 35 -24- LSB 1830HV (1) 90 lh/ns 24/ 55
H.F. 567 103, subsection c, of the Comprehensive Environmental Response, 1 Compensation, and Liabilities Liability Act of 1980. 2 Sec. 75. Section 455B.479, Code 2023, is amended to read as 3 follows: 4 455B.479 Storage tank management fee. 5 An owner or operator of an underground storage tank shall 6 pay an annual storage tank management fee of sixty-five dollars 7 per tank of over one thousand one hundred gallons capacity. 8 The fees collected shall be deposited in the storage tank 9 management account of the groundwater protection fund created 10 in section 455E.11 . 11 Sec. 76. Section 455F.7, subsection 1, Code 2023, is amended 12 to read as follows: 13 1. A retailer offering for sale or selling a household 14 hazardous material shall have a valid permit for each place of 15 business owned or operated by the retailer for this activity. 16 All permits provided for in this section shall expire on 17 June 30 of each year. Every retailer shall submit an annual 18 application by July 1 of each year and a fee of twenty-five 19 dollars to the department of revenue for a permit upon a 20 form prescribed by the director of revenue. Permits are 21 nonrefundable, are based upon an annual operating period, and 22 are not prorated. A person in violation of this section shall 23 be subject to permit revocation upon notice and hearing. The 24 department shall remit the fees collected to the household 25 hazardous waste account of the groundwater protection fund 26 created in section 455E.11 . A person distributing general use 27 pesticides labeled for agricultural or lawn and garden use with 28 gross annual pesticide sales of less than ten thousand dollars 29 is subject to the requirements and fee payment prescribed by 30 this section . 31 Sec. 77. Section 455G.4, subsection 6, Code 2023, is amended 32 to read as follows: 33 6. Reporting. Beginning July 2003, the board shall submit 34 a written report quarterly to the legislative council, the 35 -25- LSB 1830HV (1) 90 lh/ns 25/ 55
H.F. 567 chairperson and ranking member of the committee on natural 1 resources and environment and energy independence in the 2 senate, and the chairperson and ranking member of the committee 3 on environmental protection in the house of representatives 4 regarding changes in the status of the program including but 5 not limited to the number of open claims by claim type; the 6 number of new claims submitted and the eligibility status 7 of each claim; a summary of the risk classification of open 8 claims; the status of all claims at high-risk sites including 9 the number of corrective action design reports submitted, 10 approved, and implemented during the reporting period; total 11 moneys reserved on open claims and total moneys paid on 12 open claims; and a summary of budgets approved and invoices 13 paid for high-risk site activities including a breakdown by 14 corrective action design report, construction and equipment, 15 implementation, operation and maintenance, monitoring, over 16 excavation, free product recovery, site reclassification, 17 reporting and other expenses, or a similar breakdown. In 18 each report submitted by the board, the board shall include 19 an estimated timeline to complete corrective action at all 20 currently eligible high-risk sites where a corrective action 21 design report has been submitted by a claimant and approved 22 during the reporting period. The timeline shall include the 23 projected year when a no further action designation will be 24 obtained based upon the corrective action activities approved 25 or anticipated at each claimant site. The timeline shall be 26 broken down in annual increments with the number or percentage 27 of sites projected to be completed for each time period. The 28 report shall identify and report steps taken to expedite 29 corrective action and eliminate the state’s liability for open 30 claims. 31 Sec. 78. Section 456B.11, Code 2023, is amended to read as 32 follows: 33 456B.11 Agricultural drainage wells —— wetlands —— 34 conservation easements. 35 -26- LSB 1830HV (1) 90 lh/ns 26/ 55
H.F. 567 The department shall develop and implement a program for 1 the acquisition of wetlands and conservation easements on and 2 around wetlands that result from the closure or change in use 3 of agricultural drainage wells upon implementation of the 4 programs specified in section 460.302 to eliminate groundwater 5 contamination caused by the use of agricultural drainage 6 wells. The program shall be coordinated with the department 7 of agriculture and land stewardship. The department may use 8 moneys appropriated for this purpose from the agriculture 9 management account of the groundwater protection fund created 10 in section 455E.11 in addition to other moneys available for 11 wetland acquisition, protection, development, and management. 12 Sec. 79. Section 458A.25, Code 2023, is amended to read as 13 follows: 14 458A.25 Liens for labor or materials and of contractor and 15 subcontractor —— manner of perfecting liens —— enforcement of 16 liens. 17 Provisions of chapter 572 as to mechanic’s liens or labor 18 and materials furnished for improvements on real estate 19 and of contractors and subcontractors shall apply to labor 20 and materials furnished for gas or oil wells, or pipe lines 21 pipelines . The liens shall not attach on the real estate, 22 but shall attach to the whole of the lease held, and upon the 23 gas or oil wells, buildings and appurtenances, and pipe lines 24 pipelines for which said the labor or materials were furnished, 25 and shall be perfected and enforced as provided by chapter 572 . 26 Sec. 80. Section 460.302, subsection 2, paragraph a, Code 27 2023, is amended to read as follows: 28 a. Financial incentive moneys may be allocated from the 29 financial incentive portion of the agriculture management 30 account of the groundwater protection fund created in section 31 455E.11 to implement alternatives to agricultural drainage 32 wells. 33 Sec. 81. Section 490.143, subsection 1, paragraph e, 34 subparagraphs (1) and (2), Code 2023, are amended to read as 35 -27- LSB 1830HV (1) 90 lh/ns 27/ 55
H.F. 567 follows: 1 (1) Pursues or takes advantage of the business opportunity, 2 directly , or indirectly through or on behalf of another person. 3 (2) Has a material relationship with a director or officer 4 who pursues or takes advantage of the business opportunity, 5 directly , or indirectly through or on behalf of another person. 6 Sec. 82. Section 514A.3, subsection 1, paragraph m, Code 7 2023, is amended to read as follows: 8 m. (1) A provision as follows: 9 Right to return policy: The insured has the right, within 10 ten days after receipt of this policy, to return it to the 11 company at its home office or branch office or to the agent 12 through whom it was purchased, and if so returned the premium 13 paid will be refunded and the policy will be void from the 14 beginning and the parties shall be in the same position as if 15 a policy had not been issued. 16 (2) The foregoing provision shall be prominently printed on 17 the first page of the policy or attached to the policy. 18 (3) The provisions of this paragraph “m” shall apply to any 19 insurance policy which is delivered or issued for delivery or 20 renewed in this state on or after July 1, 1978. 21 Sec. 83. Section 514A.3, subsection 2, paragraph c, Code 22 2023, is amended to read as follows: 23 c. (1) A provision as follows: 24 Other insurance in this insurer: If an accident or sickness 25 or accident and sickness policy or policies previously 26 issued by the insurer to the insured be in force concurrently 27 herewith, making the aggregate indemnity for ... (insert type 28 of coverage or coverages) in excess of $ ... (insert maximum 29 limit of indemnity or indemnities) the excess insurance shall 30 be void and all premiums paid for such excess shall be returned 31 to the insured or to the insured’s estate. 32 (2) Or, in lieu thereof: 33 Insurance effective at any one time on the insured under 34 a like policy or policies in this insurer is limited to the 35 -28- LSB 1830HV (1) 90 lh/ns 28/ 55
H.F. 567 one such policy elected by the insured, or the insured’s 1 beneficiary or estate, as the case may be, and the insurer will 2 return all premiums paid for all other such policies. 3 Sec. 84. Section 514E.2, subsection 2, paragraph b, Code 4 2023, is amended to read as follows: 5 b. The composition of the board of directors shall be in 6 compliance with sections 69.16 and 69.16A . The governor’s 7 appointees shall be chosen from a broad cross-section cross 8 section of the residents of this state. 9 Sec. 85. Section 518B.1, subsection 3, Code 2023, is amended 10 to read as follows: 11 3. “The Act” means Section section 1223 of the federal 12 Housing and Urban Development Act of 1968, Pub. L. No. 90-448, 13 90th Congress approved August 1, 1968. 14 Sec. 86. Section 521A.1, subsection 3, Code 2023, is amended 15 to read as follows: 16 3. “Control” , including “controlling” , “controlled by” , and 17 “under common control with” , shall mean the possession, direct 18 or indirect, of the power to direct or cause the direction 19 of the management and policies of a person, whether through 20 the ownership of voting securities, by contract other than 21 a commercial contract for goods or nonmanagement services, 22 or otherwise, unless the power is solely the result of an 23 official position with or a corporate office held by the 24 person. Control shall be presumed to exist if any person, 25 directly or indirectly, owns, controls, holds with the power 26 to vote, or holds proxies representing, ten percent or more of 27 the voting securities of any other person. This presumption 28 may be rebutted by a showing made in the manner provided in 29 section 521A.3, subsections 1 through 5 , inclusive, or section 30 521A.4, subsection 11 , whichever is applicable, that control 31 does not exist in fact. The commissioner may determine, after 32 furnishing all persons in interest notice and opportunity to 33 be heard and making specific findings of fact to support the 34 determination, that control exists in fact, notwithstanding the 35 -29- LSB 1830HV (1) 90 lh/ns 29/ 55
H.F. 567 absence of a presumption to that effect. 1 Sec. 87. Section 524.103, subsection 22, Code 2023, is 2 amended to read as follows: 3 22. “Evidence of indebtedness” means a note, draft , or 4 similar negotiable or nonnegotiable instrument. 5 Sec. 88. Section 524.207, subsection 2, Code 2023, is 6 amended to read as follows: 7 2. All fees and assessments generated as the result of a 8 national bank or federal savings association converting to a 9 state bank on or after December 31, 2015, and thereafter, are 10 payable to the superintendent. The superintendent shall pay 11 all the fees and assessments received by the superintendent 12 pursuant to this subsection to the treasurer of state within 13 the time required by section 12.10 and the fees and assessments 14 shall be deposited into the department of commerce revolving 15 fund created in section 546.12 . An amount equal to such fees 16 and assessments deposited into the department of commerce 17 revolving fund is appropriated from the department of commerce 18 revolving fund to the banking division of the department of 19 commerce for the fiscal year in which a national bank or 20 federal savings association converted to a state bank and an 21 amount equal to such annualized fees and assessments deposited 22 into the department of commerce revolving fund in succeeding 23 years is appropriated from the department of commerce revolving 24 fund to the banking division of the department of commerce for 25 succeeding fiscal years for purposes related to the discharge 26 of the duties and responsibilities imposed upon the banking 27 division of the department of commerce, the superintendent, 28 and the state banking council by the laws of this state. This 29 appropriation shall be in addition to the appropriation of 30 moneys otherwise described in this section . If a state bank 31 converts to a national bank or federal savings association, 32 any appropriation made pursuant to this subsection for the 33 following fiscal year shall be reduced by the amount of the 34 assessment paid by the state bank during the fiscal year in 35 -30- LSB 1830HV (1) 90 lh/ns 30/ 55
H.F. 567 which the state bank converted to a national bank or federal 1 savings association. 2 Sec. 89. Section 524.302, subsection 1, paragraph e, Code 3 2023, is amended to read as follows: 4 e. The number of directors constituting the initial board 5 of directors and the names and addresses of the individuals 6 who are to serve as directors until the first annual meeting 7 of shareholders or until their successors be are elected and 8 qualify. 9 Sec. 90. Section 524.544, subsection 3, Code 2023, is 10 amended to read as follows: 11 3. The reports required by subsections subsection 1 and 2 12 of this section shall contain information, to the extent known 13 by the person making the report, relative to the number of 14 shares involved, the names of the sellers and purchasers or 15 transferors and transferees, the purchase price, the name of 16 the borrower, the amount, source, and terms of the loan, or 17 other transaction, the name of the bank issuing the shares used 18 as security, and the number of shares used as security. 19 Sec. 91. Section 524.1405, subsection 2, paragraph d, Code 20 2023, is amended to read as follows: 21 d. The name of the survivor may be , but need not be, 22 substituted in any pending proceeding for the name of any party 23 to the merger whose separate existence ceased in the merger. 24 Sec. 92. Section 524.1508, subsection 1, paragraphs b and c, 25 Code 2023, are amended to read as follows: 26 b. Written or printed notice setting forth the proposed 27 restated articles or a summary of the provisions of the 28 proposed restated articles shall be given to each shareholder 29 of record entitled to vote on the proposed restated articles 30 within the time and in the manner provided in section 524.533 . 31 If the meeting be is an annual meeting, the proposed restated 32 articles may be included in the notice of such annual meeting. 33 If the restated articles include an amendment or amendments to 34 the articles of incorporation, the notice shall separately set 35 -31- LSB 1830HV (1) 90 lh/ns 31/ 55
H.F. 567 forth such amendment or amendments or a summary of the changes 1 to be effected by the amendment or amendments. 2 c. At the meeting , a vote of the shareholders entitled to 3 vote on the proposed restated articles shall be taken on the 4 proposed restated articles. The proposed restated articles 5 shall be adopted upon receiving the affirmative vote of the 6 holders of a majority of the shares entitled to vote, unless 7 such restated articles include an amendment to the articles of 8 incorporation which, if contained in a proposed amendment to 9 articles of incorporation to be made without restatement of 10 the articles of incorporation, would entitle a class of shares 11 to vote as a class on the proposed restated articles, in which 12 event the proposed restated articles shall be adopted upon 13 receiving the affirmative vote of the holders of a majority 14 of the shares of each class of shares entitled to vote on the 15 proposed restated articles as a class, and of the total shares 16 entitled to vote on the proposed restated articles. 17 Sec. 93. Section 554.2403, subsection 3, Code 2023, is 18 amended to read as follows: 19 3. “Entrusting” “Entrusting” includes any delivery and 20 any acquiescence in retention of possession regardless of any 21 condition expressed between the parties to the delivery or 22 acquiescence and regardless of whether the procurement of the 23 entrusting or the possessor’s disposition of the goods have 24 been such as to be larcenous under the criminal law. 25 Sec. 94. Section 554.2707, subsection 1, Code 2023, is 26 amended to read as follows: 27 1. A “person in the position of a seller” “person in the 28 position of a seller” includes as against a principal an agent 29 who has paid or become responsible for the price of goods on 30 behalf of the agent’s principal or anyone who otherwise holds a 31 security interest or other right in goods similar to that of a 32 seller. 33 Sec. 95. Section 554.9208, subsection 2, paragraph f, 34 subparagraph (3), Code 2023, is amended to read as follows: 35 -32- LSB 1830HV (1) 90 lh/ns 32/ 55
H.F. 567 (3) take appropriate action to enable the debtor or its 1 designated custodian to make copies of or revisions to the 2 authoritative copy which add or change an identified assignee 3 of the authoritative copy without the consent of the secured 4 party; and 5 Sec. 96. Section 556E.2, Code 2023, is amended to read as 6 follows: 7 556E.2 Tests. 8 In any test for the ascertainment of the fineness of the 9 gold or alloy in any such article, according to the foregoing 10 standards, the part of the gold or alloy taken for the test 11 shall be such portion as does not contain or have attached 12 thereto any solder or alloy of inferior fineness used for 13 brazing or uniting the parts of said article; and in addition 14 to the foregoing tests and standards, the actual fineness of 15 the entire quantity of gold and its alloys contained in any 16 article mentioned in this section and section 556E.1 , except 17 watchcases and flatware, including all solder or alloy of 18 inferior metal used for brazing or uniting the parts of the 19 article, all such gold, alloys, and solder being assayed as 20 one piece, shall not be less than the fineness indicated by 21 the mark stamped, branded, engraved, or imprinted upon such 22 article, or upon any tag, card, or label attached thereto, or 23 upon any container in which said article is enclosed. 24 Sec. 97. Section 562B.10, subsection 1, Code 2023, is 25 amended to read as follows: 26 1. The landlord and tenant may include in a rental agreement 27 terms and conditions not prohibited by this chapter or other 28 rule of law , including rent, term of the agreement , and other 29 provisions governing the rights and obligations of the parties. 30 Sec. 98. Section 592.1, Code 2023, is amended to read as 31 follows: 32 592.1 Bonds for garbage disposal plants. 33 All proceedings of such cities and towns as herein included, 34 heretofore had, subsequent to the adoption of section 696-b [SS 35 -33- LSB 1830HV (1) 90 lh/ns 33/ 55
H.F. 567 15] by the thirty-sixth general assembly Thirty-sixth General 1 Assembly , and prior to the passage of this Act, providing for 2 the issuance of bonds within the limitations of this Act, for 3 the purchase or erection of garbage disposal plants, the vote 4 of the people authorizing such issue and the bonds issued under 5 such proceedings and vote, are hereby legalized and declared 6 legal and valid, the same as though all of the provisions 7 of this Act had been included in said section 696-b of the 8 supplemental supplement Supplemental Supplement to the Code, 9 1915, and such cities may issue and sell such bonds without 10 again submitting such question to vote. 11 Sec. 99. Section 628.28, Code 2023, is amended to read as 12 follows: 13 628.28 Redemption of property not used for agricultural or 14 certain residential purposes. 15 1. If real property is not used for agricultural purposes, 16 as defined in section 535.13 , and is not the residence of 17 the debtor, or if it is the residence of the debtor but not 18 a single-family or two-family dwelling, then the period of 19 redemption after foreclosure is one hundred eighty days. For 20 the first ninety days after the sale the right of redemption 21 is exclusive to the debtor and the time periods provided in 22 sections 628.5 , 628.15 , and 628.16 are reduced to one hundred 23 thirty-five days. If a deficiency judgment has been waived the 24 period of redemption is reduced to ninety days. For the first 25 thirty days after the sale the redemption is exclusively the 26 right of the debtor and the time periods provided in sections 27 628.5 , 628.15 , and 628.16 are reduced to sixty days. 28 2. If real property is not used for agricultural purposes, 29 as defined in section 535.13 , and is a single-family or 30 two-family dwelling which is the residence of the debtor at the 31 time of foreclosure but the court finds that after foreclosure 32 the dwelling has ceased to be the residence of the debtor and 33 if there are no junior creditors, the court shall order the 34 period of redemption reduced to thirty days from the date of 35 -34- LSB 1830HV (1) 90 lh/ns 34/ 55
H.F. 567 the court order. If there is a junior creditor, the court 1 shall order the redemption period reduced to sixty days. For 2 the first thirty days redemption is the exclusive right of the 3 debtor and the time periods provided in sections 628.5 , 628.15 , 4 and 628.16 are reduced to forty-five days. 5 Sec. 100. Section 636.25, Code 2023, is amended to read as 6 follows: 7 636.25 Existing investments. 8 Any fiduciary not governed by the probate code may by and 9 with the consent of the court having jurisdiction over such 10 fiduciary or under permission of the instrument creating the 11 trust, continue to hold any investment originally received by 12 the fiduciary under the trust or any increase thereof. Such 13 fiduciary may also make investments which the fiduciary may 14 deem necessary to protect and safeguard investments already 15 made according to the provisions of this section and sections 16 636.23 and 636.24 . 17 Sec. 101. Section 692A.128, subsection 2, paragraph a, Code 18 2023, is amended to read as follows: 19 a. The date of the commencement of the requirement to 20 register occurred at least two years prior to the filing of the 21 application for a tier I offender and five years prior to the 22 filing of the application for a tier II or tier III offender. 23 Sec. 102. Section 804.31, subsection 1, Code 2023, is 24 amended to read as follows: 25 1. When a person is detained for questioning or arrested for 26 an alleged violation of a law or ordinance and there is reason 27 to believe that the person is deaf or hard-of-hearing hard of 28 hearing , the peace officer making the arrest or taking the 29 person into custody or any other officer detaining the person 30 shall determine if the person is a deaf or hard-of-hearing 31 person as defined in section 622B.1 . If the officer so 32 determines, the officer, at the earliest possible time and 33 prior to commencing any custodial interrogation of the person, 34 shall procure a qualified interpreter in accordance with 35 -35- LSB 1830HV (1) 90 lh/ns 35/ 55
H.F. 567 section 622B.2 and the rules adopted by the supreme court 1 under section 622B.1 unless the deaf or hard-of-hearing person 2 knowingly, voluntarily, and intelligently waives the right to 3 an interpreter in writing by executing a form prescribed by 4 the department of human rights and the Iowa county attorneys 5 association. The interpreter shall interpret the officer’s 6 warnings of constitutional rights and protections and all other 7 warnings, statements, and questions spoken or written by any 8 officer, attorney, or other person present and all statements 9 and questions communicated in sign language by the deaf or 10 hard-of-hearing person. 11 Sec. 103. Section 811.7, subsection 3, Code 2023, is amended 12 to read as follows: 13 3. If the order recite recites , as the ground on which it 14 is made, the failure of the defendant to appear for judgment 15 upon conviction, the defendant must be committed according to 16 the requirements of the order; if made for any other cause and 17 the offense is bailable, the court must cause a direction to be 18 inserted in the order that the defendant be admitted to bail, 19 in a sum to be stated in the order. 20 Sec. 104. Section 904.603, Code 2023, is amended to read as 21 follows: 22 904.603 Action for damages. 23 A person receiving or who has received services, or that 24 person’s family, victim , or employer may institute a civil 25 action for damages under chapter 669 or other action to 26 restrain the release of confidential records set out in section 27 904.602, subsection 2 , which is in violation of that section , 28 and a . A person, agency , or governmental body proven to have 29 released confidential records in violation of section 904.602, 30 subsection 2 , is liable for actual damages for each violation 31 and is liable for court costs and reasonable attorney’s fees 32 incurred by the party bringing the action. 33 Sec. 105. Section 422.7, subsection 29, paragraph b, 34 subparagraph (1), as enacted by 2018 Iowa Acts, chapter 1161, 35 -36- LSB 1830HV (1) 90 lh/ns 36/ 55
H.F. 567 section 114, is amended to read as follows: 1 (1) Add back any amount of pensions or other retirement 2 income received from any source which is not taxable under 3 this division subchapter , including but not limited to amounts 4 deductible under subsections 13, 31, 31A, and 31B . 5 Sec. 106. 2022 Iowa Acts, chapter 1045, section 7, is 6 amended by striking the section and inserting in lieu thereof 7 the following: 8 SEC. 7. Section 421.65, subsection 1, paragraph b, as 9 enacted by 2020 Iowa Acts, chapter 1064, section 16, is amended 10 to read as follows: 11 b. “Public agency” means a board, commission, department, 12 including the department of revenue, or other administrative 13 office or unit of the state of Iowa or any other state entity 14 reported in the Iowa comprehensive annual comprehensive 15 financial report, or a political subdivision of the state, or 16 an office or unit of a political subdivision. “Public agency” 17 does include the clerk of the district court as it relates to 18 the collection of a qualifying debt. “Public agency” does not 19 include the general assembly or office of the governor. 20 Sec. 107. 2022 Iowa Acts, chapter 1061, sections 53 and 54, 21 are amended to read as follows: 22 SEC. 53. EFFECTIVE DATE. The following, being deemed of 23 immediate importance, takes effect upon enactment: 24 The section of this division of this Act amending section 25 425.25A 422.25A , subsection 5 , paragraph “c”, subparagraph (6), 26 subparagraph division (a). 27 SEC. 54. RETROACTIVE APPLICABILITY. The following applies 28 retroactively to January 1, 2022, for tax years beginning on 29 or after that date: 30 The section of this division of this Act amending section 31 425.25A 422.25A , subsection 5 , paragraph “c”, subparagraph (6), 32 subparagraph division (a). 33 Sec. 108. 2022 Iowa Acts, chapter 1099, section 47, is 34 amended by striking the section and inserting in lieu thereof 35 -37- LSB 1830HV (1) 90 lh/ns 37/ 55
H.F. 567 the following: 1 SEC. 47. Section 123.49, subsection 2 , paragraph d, 2 subparagraphs (1) and (3), Code 2022, are amended to read as 3 follows: 4 (1) Keep on premises covered by a liquor control retail 5 alcohol license any alcoholic liquor in any container except 6 the original package purchased from the division, and except 7 mixed drinks or cocktails mixed on the premises for immediate 8 consumption on the licensed premises or as otherwise provided 9 by this paragraph “d” . This prohibition does not apply to 10 holders of a class “D” liquor control retail alcohol license 11 or to alcoholic liquor delivered in accordance with section 12 123.46A . 13 (3) Mixed drinks or cocktails mixed on premises covered 14 by a class “C” liquor control retail alcohol license or a 15 class “C” native distilled spirits liquor control license for 16 consumption off the licensed premises may be sold if the mixed 17 drink or cocktail is immediately filled in a sealed container 18 and is promptly taken from the licensed premises prior to 19 consumption of the mixed drink or cocktail. A mixed drink 20 or cocktail that is sold in a sealed container in compliance 21 with the requirements of this subparagraph and rules adopted 22 by the division shall not be deemed an open container subject 23 to the requirements of sections 321.284 and 321.284A if the 24 sealed container is unopened and the seal has not been tampered 25 with, and the contents of the container have not been partially 26 removed. 27 Sec. 109. Section 331.389, subsection 4, paragraph a, 28 subparagraph (3), as amended by 2022 Iowa Acts, chapter 1131, 29 section 69, is amended to read as follows: 30 (b) The department shall provide written notice to the 31 a region’s regional administrator that the region is in 32 compliance with the requirements in subsection 3 . 33 Sec. 110. 2022 Iowa Acts, chapter 1148, section 25, is 34 amended to read as follows: 35 -38- LSB 1830HV (1) 90 lh/ns 38/ 55
H.F. 567 SEC. 25. Section 422.60 , Code 2022, is amended by adding the 1 following new subsection: 2 NEW SUBSECTION . 15. The taxes imposed under this division 3 subchapter shall be reduced by an employer child care tax 4 credit allowed pursuant to section 237A.31 . 5 Sec. 111. 2022 Iowa Acts, chapter 1153, section 38, is 6 amended by striking the section and inserting in lieu thereof 7 the following: 8 SEC. 38. Section 282.18, subsection 11 , paragraph a, 9 subparagraph (8), Code 2022, is amended to read as follows: 10 (8) If the pupil participates in open enrollment because 11 of circumstances that meet the definition of good cause under 12 subsection 4 , paragraph “b” . For purposes of this subparagraph, 13 “good cause” means a change in a child’s residence due to a 14 change in family residence, a change in a child’s residence 15 from the residence of one parent or guardian to the residence 16 of a different parent or guardian, a change in the state in 17 which the family residence is located, a change in a child’s 18 parents’ marital status, a guardianship or custody proceeding, 19 placement in foster care, adoption, participation in a foreign 20 exchange program, initial placement of a prekindergarten 21 student in a special education program requiring specially 22 designed instruction, or participation in a substance abuse 23 or mental health treatment program, a change in the status of 24 a child’s resident district such as removal of accreditation 25 by the state board, surrender of accreditation, or permanent 26 closure of a nonpublic school, revocation of a charter school 27 contract as provided in section 256E.10 or 256F.8, the failure 28 of negotiations for a whole grade sharing, reorganization, 29 dissolution agreement, or the rejection of a current whole 30 grade sharing agreement, or reorganization plan. 31 DIVISION II 32 CODE EDITOR DIRECTIVE 33 Sec. 112. CODE EDITOR DIRECTIVE. 34 1. The Code editor is directed to make the following 35 -39- LSB 1830HV (1) 90 lh/ns 39/ 55
H.F. 567 transfer: 1 Section 89A.25 to section 89A.1A. 2 2. The Code editor shall correct internal references in the 3 Code and in any enacted legislation as necessary due to the 4 enactment of this section. 5 DIVISION III 6 EFFECTIVE DATE AND APPLICABILITY PROVISIONS 7 Sec. 113. CONTINGENT EFFECTIVE DATE. The following takes 8 effect on the effective date of the rules adopted by the 9 department of revenue pursuant to chapter 17A implementing 2020 10 Iowa Acts, chapter 1064, other than transitional rules: 11 The section of this Act amending 2022 Iowa Acts, chapter 12 1045, section 7. 13 Sec. 114. EFFECTIVE DATE. The following, being deemed of 14 immediate importance, takes effect upon enactment: 15 The section of this Act amending 2022 Iowa Acts, chapter 16 1061, sections 53 and 54. 17 Sec. 115. RETROACTIVE APPLICABILITY. The following applies 18 retroactively to January 1, 2023: 19 The section of this Act amending 2018 Iowa Acts, chapter 20 1161, section 114. 21 Sec. 116. RETROACTIVE APPLICABILITY. The following applies 22 retroactively to January 1, 2022: 23 The section of this Act amending 2022 Iowa Acts, chapter 24 1061, sections 53 and 54. 25 EXPLANATION 26 The inclusion of this explanation does not constitute agreement with 27 the explanation’s substance by the members of the general assembly. 28 This bill makes Code changes and corrections that are 29 considered to be nonsubstantive and noncontroversial, in 30 addition to style changes. Changes include updating and 31 correcting names of public programs and entities, correcting 32 citations to the United States Code and Iowa Acts, correcting 33 terminology, spelling, format, capitalization, punctuation, and 34 grammar, as well as numbering, renumbering, and reorganizing 35 -40- LSB 1830HV (1) 90 lh/ns 40/ 55
H.F. 567 various provisions to eliminate unnumbered paragraphs and to 1 facilitate citation. The Code sections in which the bill 2 makes technical, grammatical, and other nonsubstantive changes 3 include the following: 4 DIVISION I: 5 Sections 2.47, 2.51, and 8.39: Updates the name, to reflect 6 the current name, of the legislative committee responsible for 7 considering legislation on appropriations, the chairpersons 8 and ranking members of which serve on and perform the duties 9 described in these two Code sections as members of the 10 legislative fiscal committee. 11 Section 8C.7A: Corrects the name of the federal Americans 12 With Disabilities Act of 1990 that is referenced in this 13 provision relating to applications for permits for the siting 14 of small wireless facilities. 15 Sections 13C.1, 15E.64, 22.7, 99F.6, 256.82, and 298A.8: 16 Removes a hyphen to correct and conform the spelling of the 17 term “fundraising” in these provisions to the spellings of the 18 same term elsewhere in the Code. 19 Section 23A.2: Moves language describing functions 20 performed by the department of corrections that are currently 21 contained in two different subsections to be within another 22 subsection that also describes a function performed by the 23 department of corrections, to conform the style of these 24 subsections to the style used elsewhere in this Code section 25 to describe functions performed by other state agencies or 26 political subdivisions of the state that are exempted from 27 the prohibition in Code chapter 23A against competition with 28 private enterprise. 29 Section 29C.9: Adds quotation marks around form language 30 that specifies how the names of local emergency management 31 commissions should be written to distinguish the form language 32 from other language in this Code section relating to the 33 establishment of these local commissions. 34 Section 35A.13: Strikes an unneeded comma from language 35 -41- LSB 1830HV (1) 90 lh/ns 41/ 55
H.F. 567 describing one of the permissible investment management 1 expenses for which moneys in the veterans trust fund may be 2 expended. 3 Section 53.47: Adds a comma before the last item in 4 two series to conform this provision relating to materials 5 furnished by the department of administrative services 6 to counties at the direction of the state commissioner of 7 elections for absentee ballots, envelopes, and other printed 8 matter to current Code style. 9 Section 68A.304: Removes a hyphen from the term “in kind” in 10 language describing what constitutes “campaign property” and in 11 which the term is not used as an adjective. 12 Section 68A.701: Adds a comma at the beginning of a 13 prefatory clause to improve the readability of this provision 14 penalizing violations of the requirements contained in this 15 Code chapter governing the financing of campaigns for state, 16 county, city, or school office. 17 Section 76.10: Adds a comma after the year in a date 18 reference in this provision relating to the issuance of public 19 bonds or debt obligations to conform to the style used in other 20 provisions in the Code when specific dates are referenced. 21 Section 80D.7: Strikes the words “Iowa law enforcement 22 academy” that appear before the word “council” in this 23 provision relating to the carrying of a weapon by a member of a 24 force of reserve peace officers to reflect the definition of 25 the term “council” in Code section 80D.1A to mean “Iowa law 26 enforcement academy council”. 27 Section 100.14: Removes, to conform to current Code style, 28 commas that appear after the word “including” and after the 29 phrase “but not limited to” in language describing the types of 30 legal proceedings which may be instituted by a county attorney 31 to enforce the penalty provisions of, or rules or orders 32 adopted or issued on behalf of the state pursuant to, the Code 33 chapter governing the duties of the state fire marshal. 34 Section 103.18: Adds the word “license” after references to 35 -42- LSB 1830HV (1) 90 lh/ns 42/ 55
H.F. 567 four different types of licenses in language relating to the 1 requirements for renewal of those four licenses, to improve 2 readability and to conform to the definitions of each of those 3 licenses in the Code chapter regulating the electrician and 4 electrical contractor professions. 5 Section 147.77: Rewrites a citation to the federal 6 Controlled Substances Act to conform this citation to that Act, 7 in language relating to requirements for medical profession 8 licensees whose duties require those licensees to be in 9 restricted areas of racing facilities, to other similar 10 citations to that federal Act elsewhere in the Code. 11 Section 147F.1: Corrects the citations to the United States 12 Code provisions regarding status as active duty military 13 personnel, changes the word “spouse” to “spouses” to conform to 14 other usage, and adds a comma before the last item in a series 15 to improve readability of these provisions within the audiology 16 and speech language pathology interstate compact. 17 Section 151.10: Adds a comma after the numeral “3” in 18 three places to conform the style of an internal reference 19 to current Code style in this provision relating to the 20 education requirements for applicants for a license to practice 21 chiropractic. 22 Section 162.2: Adds a comma before the last item in a 23 series to improve the readability of a definition of “animal 24 warden” in the Code chapter pertaining to the care of animals 25 in commercial establishments. 26 Section 165A.1: Capitalizes the first letter in the genus 27 name of a bacterium to conform the capitalization of the genus 28 name within this Code chapter governing Johne’s disease control 29 to the capitalization of binomial names elsewhere in the Code. 30 Section 189A.5: Replaces the word “thereat” with the 31 words “at the establishment” to update the style of this 32 provision regarding inspection of the sanitary condition of 33 establishments that prepare or handle livestock or poultry 34 products. 35 -43- LSB 1830HV (1) 90 lh/ns 43/ 55
H.F. 567 Section 190.2: Removes, to conform to current Code style, 1 commas that appear after the word “including” and after 2 the phrase “but not limited to” in language relating to 3 the publication of standards for foods by the department of 4 agriculture and land stewardship. 5 Section 202A.4: Strikes an unneeded comma and duplicate 6 language from, and adds the missing word “or” before the 7 last item in a series in, this provision prohibiting, after 8 April 29, 1999, the inclusion of confidentiality provisions 9 in contracts for the purchase of livestock by certain persons 10 who are engaged in the business of slaughtering livestock and 11 offering the resulting meat products for sale. 12 Section 206.8: Adds a citation to improve hypertext linkage 13 to the Code section in which the groundwater protection fund is 14 created, in this provision relating to the deposit of pesticide 15 dealer license fees into that fund. 16 Section 206.12: Divides long sentences into two in two 17 places, conforms terminology used to describe the deposit of 18 moneys to the terminology used elsewhere in the Code, and adds 19 a citation to improve hypertext linkage to the Code section 20 in which the groundwater protection fund is created, in this 21 provision relating to the registration of pesticide brands 22 and the deposit of part of the registration fees into the 23 groundwater protection fund. 24 Section 210.23: Adds a citation to improve hypertext 25 linkage to the Code section in which the term “home food 26 processing establishment” is defined, in this provision 27 exempting those establishments from regulations relating to the 28 packaging and sale of bread. 29 Section 225.26: Replaces the word “said” with the words 30 “state psychiatric” to improve the readability of this 31 provision relating to the use of moneys collected from private 32 patients of the state psychiatric hospital. 33 Section 226.42: Changes the word “May” to “The 34 superintendent may” to conform the style of this provision 35 -44- LSB 1830HV (1) 90 lh/ns 44/ 55
H.F. 567 outlining a permissible power of superintendents of the mental 1 health institutes to the style used in the other enumerations 2 of emergency powers and duties of the superintendents in this 3 Code section. 4 Section 232.46: Changes the verb “is” to “are” and adds a 5 comma before the last item in a series to update the style and 6 improve the readability of this provision relating to entry of 7 consent decrees in juvenile proceedings. 8 Section 237.18: Removes, to conform to current Code style, 9 commas appearing after the word “including” and after the 10 phrase “but not limited to” in language relating to the content 11 of mandatory training programs for members of the state child 12 advocacy board. 13 Section 252B.6A: Removes, to conform to current Code style, 14 commas appearing in three places before and after the phrase 15 “but not limited to” and conforms the citation style used 16 in a Code chapter string to current Code style in this Code 17 section relating to judicial proceedings initiated by a private 18 attorney to collect outstanding child support obligations. 19 Section 252D.16: Removes, to conform to current Code style, 20 commas appearing after the word “including” and after the 21 phrase “but not limited to” in a definition of “payor of 22 income” or “payor” for purposes of the Code chapter relating 23 to income withholding for purposes of payment of court-ordered 24 child support obligations. 25 Section 256B.2: Changes the word “and” to “or” in a 26 string citation to Code chapters governing different types 27 of residential or detention facilities that are attended by 28 children who cannot adapt to regular educational or home living 29 conditions to conform to the context of this provision and adds 30 the word “state” to conform a reference by name to the official 31 name for the state board of regents. 32 Section 260C.44: Adds the words “department of labor” 33 within a reference by name to the United States office of 34 apprenticeship to conform the reference, in this provision 35 -45- LSB 1830HV (1) 90 lh/ns 45/ 55
H.F. 567 defining “apprenticeship program” for purposes of the Code 1 chapter governing community colleges, to other similar 2 references to that office elsewhere in the Code. 3 Section 261.85: Changes the word “dollars” to “moneys” 4 to conform how terminology is used within this provision 5 appropriating moneys for the work-study program administered by 6 the college student aid commission. 7 Section 261.114: Changes two references by name to the 8 health care award program established in Code section 261.116, 9 in this Code section relating to the rural Iowa advanced 10 registered nurse practitioner and physician assistant loan 11 repayment program, to reflect the change made to the name of 12 the health care award program by 2022 Iowa Acts, chapter 1134, 13 section 16. 14 Section 261.117: Corrects a reference by name to the rural 15 Iowa advanced registered nurse practitioner and physician 16 assistant loan repayment program within this Code section 17 governing the mental health professional loan repayment 18 program. 19 Section 262.71: Corrects references by name to the Iowa 20 state university of science and technology and the state 21 university of Iowa that are contained within this Code section 22 establishing the center for early development education. 23 Section 262.78: Corrects references by name to the state 24 university of Iowa in four places within this Code section 25 establishing the center for agricultural safety and health. 26 Section 279.41: Adds commas before and after the qualifying 27 clause “without a vote of the electorate” to improve the 28 readability of this provision relating to use of moneys 29 received from the condemnation, sale, or other disposition of 30 schoolhouses and school sites. 31 Sections 314.11, 419.2, and 458A.25: Conforms the spelling 32 of the term “pipelines” in these provisions relating to the use 33 of bridges by utilities, municipal support of certain projects, 34 and liens for labor or materials furnished for gas or oil 35 -46- LSB 1830HV (1) 90 lh/ns 46/ 55
H.F. 567 wells or pipelines, to the spelling used in other provisions 1 elsewhere in the Code. In Code section 314.11, a comma is also 2 added before the last item in a series to conform to current 3 Code style. 4 Section 314.22: Removes in three places, to conform to 5 current Code style, commas appearing after the word “including” 6 and after the phrase “but not limited to” in this provision 7 relating to integrated roadside vegetation management. 8 Section 320.7: Changes the word “ground” to “grounds”, to 9 conform to other similar uses of the term elsewhere in the 10 Code, in this provision relating to the basis for forfeiture of 11 grants of permission by the state department of transportation 12 or a board of supervisors to lay water and gas mains, 13 sidewalks, and cattleways. 14 Section 327D.5: Adds the word “section” to improve the 15 readability of and hypertext linkage within this Code section 16 relating to the burden of proof in judicial proceedings 17 regarding disputes between connecting railroads. 18 Section 328.26: Strikes the word “section” to conform the 19 citation style used for two Code sections, in this Code section 20 relating to registration of aircraft, to the citation style 21 used elsewhere in the Code. 22 Section 331.653: Changes the word “premise” to “premises” 23 in language describing the duty of the sheriff to observe and 24 inspect licensed establishments for gambling devices and to 25 report any findings to regulatory authorities. 26 Section 346.27: Changes the capitalization and use of 27 italics for two terms, of which only one is a definition, that 28 are contained within quotation marks in this provision relating 29 to the creation of an authority for purposes of exercising 30 control over joint county and city property, to conform to 31 current Code style. 32 Section 350.1: Changes the placement and use of the 33 word “and”, adds semicolons, and replaces commas with 34 semicolons to improve the punctuation and readability of this 35 -47- LSB 1830HV (1) 90 lh/ns 47/ 55
H.F. 567 provision relating to the reasons for establishment of county 1 conservation boards. 2 Section 350.4: Adds a comma before the last item in a series 3 in several places, in this provision describing the powers and 4 duties of county conservation boards, to conform to current 5 Code style. 6 Section 350.5: Adds a comma before the last item in a 7 series, in this provision regarding regulations that may be 8 adopted by county conservation boards, to conform to current 9 Code style. 10 Section 357.18: Strikes two unneeded commas and strikes 11 a redundant instance of the word “said” to improve the 12 readability of this provision relating to the procedure for 13 acceptance of completed work by a benefited water district. 14 Section 376.3: Adds commas after string citations in two 15 places to set off qualifying clauses in this provision relating 16 to nominations for elective city offices. 17 Section 384.84A: Replaces an acronym with the full name 18 of the federal environmental protection agency to improve the 19 readability of language relating to compliance by a city with 20 regulations issued by that federal agency pertaining to storm 21 water sewer discharge or storm water drainage systems. 22 Section 411.21: Adds commas after year references in 23 various references to specific dates and adds a comma before 24 the last item in a series of subsection references to conform 25 the punctuation of this provision, relating to annuity or 26 withdrawal of contributions under Code chapter 411 by retired 27 police officers and fire fighters who became vested and 28 terminated service or were receiving annuities prior to July 29 1, 1979, to current Code style. 30 Section 421.24: Adds a comma to set off a prefatory clause 31 and deletes an unneeded comma to improve the readability of 32 this provision relating to suits brought in other states by the 33 attorney general for collection of taxes due under the laws of 34 this state. 35 -48- LSB 1830HV (1) 90 lh/ns 48/ 55
H.F. 567 Section 422.11L: Replaces the phrase “the date specified in 1 the preceding sentence” with “January 1, 2016”, the date that 2 is specified in the preceding sentence, in this definition of 3 the term “Internal Revenue Code” that applies to the granting 4 of solar energy system tax credits. 5 Section 428A.9: Adds commas in two places to set off 6 prefatory clauses in this provision describing the procedure 7 that a taxpayer must follow to receive a refund of overpayment 8 of taxes that have been paid to the state or to a county. 9 Sections 455B.224 and 455B.301: Changes the term “executive 10 director” to “director” to conform the name used to describe 11 the chief executive officer of the department of natural 12 resources to the current name. These name changes were 13 inadvertently omitted when that department was created in 1986 14 Iowa Acts, chapter 1245. 15 Section 455B.395: Adds the numeric reference “4” after two 16 part references to facilitate hypertext linkage within this 17 provision governing the public availability of information 18 obtained during the investigation of or response to a hazardous 19 condition conducted pursuant to rules adopted, investigations 20 authorized, or orders issued pursuant to part 4 of Code chapter 21 455B, subchapter IV. 22 Section 455B.473: Corrects a reference by name to the 23 federal Comprehensive Environmental Response, Compensation, and 24 Liability Act of 1980 in this provision exempting the owners 25 of certain underground storage tanks from being required to 26 provide notice to the department of natural resources of the 27 existence of those tanks. 28 Section 455B.479: Adds a citation to improve hypertext 29 linkage to the Code section in which the groundwater protection 30 fund is created, in this Code section requiring the deposit of 31 annual underground storage tank management fees in that fund. 32 Section 455F.7: Adds a citation to improve hypertext 33 linkage to the Code section in which the groundwater protection 34 fund is created, in this Code section requiring the remitting 35 -49- LSB 1830HV (1) 90 lh/ns 49/ 55
H.F. 567 of fees that have been collected from the issuance of permits 1 to retailers for the sale of household hazardous materials to 2 that fund. 3 Section 455G.4: Updates the name of the committee to 4 reflect the current name of the committee in the senate, the 5 chairperson and ranking member of which should receive a 6 quarterly report regarding changes to the status of claims 7 against the Iowa comprehensive petroleum underground storage 8 tank fund and corrective action taken at eligible high-risk 9 sites. 10 Section 456B.11: Adds a citation to improve hypertext 11 linkage to the Code section in which the groundwater protection 12 fund is created, in this Code section providing for use of 13 moneys in that fund for acquisition, protection, development, 14 and management of wetlands that result from the elimination of 15 agricultural drainage wells. 16 Section 460.302: Adds a citation to improve hypertext 17 linkage to the Code section in which the groundwater protection 18 fund is created, in language relating to use of moneys 19 from that fund to provide financial incentives for the 20 implementation of alternatives to agricultural drainage wells. 21 Section 490.143: Adds commas in two places to conform 22 the language of this definition of “qualified director” of a 23 business corporation to similar language in the model business 24 corporation Act promulgated by the American bar association, 25 upon which this Code section is based. 26 Section 514A.3: Adds, in multiple places, numeric Code 27 subunit designations to distinguish language which is part of 28 this Code section relating to accident and sickness insurance 29 policy provisions from language which is directed to be 30 included within the insurance policy provisions. 31 Section 514E.2: Removes a hyphen from the term “cross 32 section” in this provision describing the composition of the 33 board of directors of the Iowa comprehensive health insurance 34 association to conform use of the term to usage elsewhere in 35 -50- LSB 1830HV (1) 90 lh/ns 50/ 55
H.F. 567 the Code. 1 Section 518B.1: Changes the capitalization of the word 2 “section” and adds the word “federal” within a citation to 3 the federal Housing and Urban Development Act of 1968, in a 4 definition of the term “the Act” for purposes of the riot 5 reinsurance program contained in Code chapter 518B, to conform 6 to the style used for similar citations elsewhere in the Code. 7 Section 521A.1: Strikes a redundant instance of the word 8 “inclusive” that appears after a Code section citation string 9 to conform the citation string in this definition of the term 10 “control” for the Code chapter relating to insurance holding 11 systems to other similar citation strings elsewhere in the 12 Code. 13 Section 524.103: Adds a comma before the last item in 14 a series to conform the style of the series within this 15 definition of the term “evidence of indebtedness” to the style 16 of other series elsewhere in the Code. 17 Section 524.207: Strikes the redundant expression “and 18 thereafter”, that appears after a date citation to “on or after 19 December 31, 2015” in this provision relating to payment of 20 fees and assessments generated by the conversion of a national 21 bank or federal savings association to a state bank on or after 22 December 31, 2015. 23 Section 524.302: Changes the verb “be” to “are” to 24 update the verbiage used in this provision describing one 25 of the provisions that must be included in the articles of 26 incorporation of a state bank. 27 Section 524.544: Strikes a reference to subsection 2 of 28 this section, that was stricken by 2022 Iowa Acts, chapter 29 1062, section 57, in this provision relating to reports to the 30 superintendent of banking when changes in control of the shares 31 of a state bank occur. 32 Section 524.1405: Adds the word “be” to improve the grammar 33 of this provision relating to the effect of a merger of 34 financial institutions. 35 -51- LSB 1830HV (1) 90 lh/ns 51/ 55
H.F. 567 Section 524.1508: Changes the verb “be” to “is” to update 1 the verbiage used and adds a comma to set off a prefatory 2 clause in two provisions describing the procedure for adoption 3 of restated articles of incorporation by a state bank. 4 Section 554.2403: Italicizes the term “entrusting” to 5 conform this definition to the style used elsewhere in the 6 Code for defined terms in this provision governing the title 7 acquired by a purchaser from a transferor in transactions 8 involving the sale of goods. 9 Section 554.2707: Italicizes the term “person in the 10 position of a seller”, in this provision defining which persons 11 are considered to be, and what the powers and remedies are held 12 by those persons, to conform this definition to the style used 13 elsewhere in the Code for defined terms. 14 Section 554.9208: Deletes an extraneous “and” to conform 15 the style of this subparagraph to the style of the balance of 16 this Code section, and to the section of the model Act upon 17 which this Code section is based, in this provision relating to 18 the duties of a secured party after receiving a demand from a 19 debtor. 20 Section 556E.2: Adds the word “section” to improve the 21 readability of and hypertext linkage within this Code section 22 relating to tests for the ascertainment of the fineness of gold 23 or alloy in any article. 24 Section 562B.10: Adds commas before the word “including”, 25 to set off a qualifying clause, and before the last item in a 26 series, to conform the style of this provision relating to what 27 may be included in a rental agreement between a landlord and 28 tenant to current Code style. 29 Section 592.1: Capitalizes a reference to a specific 30 session of the general assembly and a reference to a specific 31 Code publication, in this provision relating to bonds for 32 certain garbage disposal plants, to conform the style of the 33 references to the style used in other similar references 34 elsewhere in the Code. 35 -52- LSB 1830HV (1) 90 lh/ns 52/ 55
H.F. 567 Section 628.28: Adds a comma before the last citation in 1 three series of Code section citations to conform the citation 2 style used in this Code section relating to redemption of 3 property not used for agricultural or certain residential 4 purposes to the style used elsewhere in the Code. 5 Section 636.25: Adds the word “section” to improve the 6 readability of and hypertext linkage within this Code section 7 relating to powers of a fiduciary of a trust over existing 8 investments of the trust. 9 Section 692A.128: Adds the word “tier” before a numeric 10 reference to “III” to conform this reference to tier III sex 11 offenses to other similar references elsewhere within Code 12 chapter 692A regarding the sex offender registry and sex 13 offender registration requirements. 14 Section 804.31: Removes hyphens from this nonadjectival use 15 of the term “hard of hearing” in this provision relating to the 16 detention or arrest of hard-of-hearing persons. 17 Section 811.7: Changes the word “recite” to “recites” to 18 update archaic usage in this provision relating to recommitment 19 of a defendant who was released on bail, but who has failed to 20 appear as required in the order for release. 21 Section 904.603: Divides a long sentence into two and 22 adds a comma before the last item in a series to improve the 23 readability of this provision relating to actions for damages 24 for an unlawful release of confidential information contained 25 in records regarding services received by a person from the 26 department of corrections or the judicial district departments 27 of corrections. 28 2018 Iowa Acts, chapter 1161, section 114: Corrects an 29 internal reference to a Code chapter subunit of Code chapter 30 422 that appeared in new subsection language that now appears 31 in Code section 422.7, subsection 18, but was added to Code 32 section 422.7, subsection 29, effective January 1, 2023, by 33 this section of this 2018 Iowa Act. Beginning in 2020, Code 34 chapter 422 no longer was divided into “divisions” but rather 35 -53- LSB 1830HV (1) 90 lh/ns 53/ 55
H.F. 567 is divided into “subchapters”. This change is retroactively 1 applicable to January 1, 2023. 2 2022 Iowa Acts, chapter 1045, section 7: Redrafts to 3 correct the lead-in in this section of this Act to clarify 4 that subsection 1, paragraph “b”, of Code section 421.65, is 5 being amended. The original lead-in in this section of this 6 Act does not include the Code section citation information. 7 The amendment to this Act takes effect contingent upon the 8 effective date of the rules adopted by the department of 9 revenue implementing 2020 Iowa Acts, chapter 1064, other than 10 transitional rules. 11 2022 Iowa Acts, chapter 1061, sections 53 and 54: Corrects 12 an internal reference to a provision amended by 2022 Iowa Acts, 13 chapter 1061, that took effect upon enactment of that Act and 14 applied retroactively to January 1, 2022. This provision takes 15 effect upon enactment and applies retroactively to January 1, 16 2022. 17 2022 Iowa Acts, chapter 1099, section 47: Redrafts this 18 Iowa Acts section to eliminate a duplicate instance of the term 19 “retail alcohol license” that was inadvertently created when 20 Code section 123.49, subsection 2, paragraph “d”, subparagraph 21 (3), was amended by this Act. 22 2022 Iowa Acts, chapter 1131, section 69: Strikes an 23 extraneous “the” that would otherwise appear in what is now 24 Code section 331.389, subsection 4, paragraph “a”, subparagraph 25 (2), subparagraph division (b), after this Iowa Act section’s 26 changes were applied to former Code section 331.389, subsection 27 4, paragraph “a”, subparagraph (3). 28 2022 Iowa Acts, chapter 1148, section 25: Corrects an 29 internal reference to a Code chapter subunit of Code chapter 30 422 that appeared in new subsection language that was added to 31 Code section 422.60 by this section of this Iowa Act. Code 32 chapter 422 is no longer divided into “divisions” but rather 33 is divided into “subchapters”. 34 2022 Iowa Acts, chapter 1153, section 38: Redrafts this Iowa 35 -54- LSB 1830HV (1) 90 lh/ns 54/ 55
H.F. 567 Acts section to add the missing indefinite article “a” before 1 the words “different parent or guardian” in new language that 2 is added to Code section 282.18, subsection 11, paragraph “a”, 3 subparagraph (8), by this section of this Iowa Act. 4 DIVISION II: 5 This division directs the Code editor to move Code section 6 89A.25, which is the short title for Code chapter 89A, relating 7 to elevators, to become Code section 89A.1A. Short titles 8 are placed at or near the beginning of Code chapters under 9 current Code style and the transfer avoids the need for the 10 use of alpha designations if new Code sections are enacted at 11 the end of the Code chapter but before the current short title 12 placement. 13 DIVISION III: 14 This division contains effective date and retroactive 15 applicability provisions that apply to 2022 Iowa Acts, chapter 16 1045, section 7; 2022 Iowa Acts, chapter 1061, sections 53 and 17 54; and 2018 Iowa Acts, chapter 1161, section 114. 18 -55- LSB 1830HV (1) 90 lh/ns 55/ 55