House File 2473 - Reprinted HOUSE FILE 2473 BY COMMITTEE ON APPROPRIATIONS (SUCCESSOR TO HSB 688) (As Amended and Passed by the House April 30, 2014 ) A BILL FOR An Act relating to state and local finances by making 1 appropriations, providing for fees, providing for legal 2 responsibilities, and providing for regulatory requirements, 3 taxation, and other properly related matters, and including 4 penalties and effective date and retroactive applicability 5 provisions. 6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 7 HF 2473 (3) 85 tm/jp/md
H.F. 2473 DIVISION I 1 STANDING APPROPRIATIONS AND RELATED MATTERS 2 Section 1. 2013 Iowa Acts, chapter 140, is amended by adding 3 the following new section: 4 NEW SECTION . SEC. 1A. BUDGET PROCESS FOR FISCAL YEAR 5 2015-2016. 6 1. For the budget process applicable to the fiscal year 7 beginning July 1, 2015, on or before October 1, 2014, in lieu 8 of the information specified in section 8.23, subsection 1, 9 unnumbered paragraph 1, and paragraph “a”, all departments and 10 establishments of the government shall transmit to the director 11 of the department of management, on blanks to be furnished by 12 the director, estimates of their expenditure requirements, 13 including every proposed expenditure, for the ensuing fiscal 14 year, together with supporting data and explanations as called 15 for by the director of the department of management after 16 consultation with the legislative services agency. 17 2. The estimates of expenditure requirements shall be 18 in a form specified by the director of the department of 19 management, and the expenditure requirements shall include all 20 proposed expenditures and shall be prioritized by program or 21 the results to be achieved. The estimates shall be accompanied 22 by performance measures for evaluating the effectiveness of the 23 programs or results. 24 Sec. 2. 2013 Iowa Acts, chapter 140, is amended by adding 25 the following new section: 26 NEW SECTION . SEC. 3A. GENERAL ASSEMBLY. 27 1. The appropriations made pursuant to section 2.12 for the 28 expenses of the general assembly and legislative agencies for 29 the fiscal year beginning July 1, 2014, and ending June 30, 30 2015, are reduced by the following amount: 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,000,000 32 2. The budgeted amounts for the general assembly for the 33 fiscal year beginning July 1, 2014, may be adjusted to reflect 34 unexpended budgeted amounts from the previous fiscal year. 35 -1- HF 2473 (3) 85 tm/jp/md 1/ 31
H.F. 2473 Sec. 3. 2013 Iowa Acts, chapter 140, section 6, is amended 1 to read as follows: 2 SEC. 6. LIMITATIONS OF STANDING APPROPRIATIONS —— FY 3 2014-2015. Notwithstanding the standing appropriations 4 in the following designated sections for the fiscal year 5 beginning July 1, 2014, and ending June 30, 2015, the amounts 6 appropriated from the general fund of the state pursuant to 7 these sections for the following designated purposes shall not 8 exceed the following amounts: 9 1. For operational support grants and community cultural 10 grants under section 99F.11, subsection 3 , paragraph “d”, 11 subparagraph (1): 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 208,351 13 416,702 14 2. For regional tourism marketing under section 99F.11, 15 subsection 3 , paragraph “d”, subparagraph (2): 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 582,000 17 3. For payment for nonpublic school transportation under 18 section 285.2 : 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 8,560,931 20 If total approved claims for reimbursement for nonpublic 21 school pupil transportation exceed the amount appropriated in 22 accordance with this subsection, the department of education 23 shall prorate the amount of each approved claim. 24 4. For the enforcement of chapter 453D relating to tobacco 25 product manufacturers under section 453D.8 : 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 9,208 27 18,416 28 Sec. 4. Section 257.35, Code 2014, is amended by adding the 29 following new subsection: 30 NEW SUBSECTION . 8A. Notwithstanding subsection 1, and in 31 addition to the reduction applicable pursuant to subsection 32 2, the state aid for area education agencies and the portion 33 of the combined district cost calculated for these agencies 34 for the fiscal year beginning July 1, 2014, and ending June 35 -2- HF 2473 (3) 85 tm/jp/md 2/ 31
H.F. 2473 30, 2015, shall be reduced by the department of management by 1 fifteen million dollars. The reduction for each area education 2 agency shall be prorated based on the reduction that the agency 3 received in the fiscal year beginning July 1, 2003. 4 DIVISION II 5 CLAIMS AGAINST THE STATE AND BY THE STATE 6 Sec. 5. Section 8.55, subsection 3, paragraph a, Code 2014, 7 is amended to read as follows: 8 a. Except as provided in paragraphs “b” , “c” , and “d” , and 9 “0e” , the moneys in the Iowa economic emergency fund shall 10 only be used pursuant to an appropriation made by the general 11 assembly. An appropriation shall only be made for the fiscal 12 year in which the appropriation is made. The moneys shall 13 only be appropriated by the general assembly for emergency 14 expenditures. 15 Sec. 6. Section 8.55, subsection 3, Code 2014, is amended by 16 adding the following new paragraph: 17 NEW PARAGRAPH . 0e. There is appropriated from the Iowa 18 economic emergency fund to the state appeal board an amount 19 sufficient to pay claims authorized by the state appeal board 20 as provided in section 25.2. 21 Sec. 7. Section 25.2, subsection 4, Code 2014, is amended 22 to read as follows: 23 4. Payments authorized by the state appeal board shall be 24 paid from the appropriation or fund of original certification 25 of the claim. However, if that appropriation or fund has since 26 reverted under section 8.33 , then such payment authorized by 27 the state appeal board shall be out of any money in the state 28 treasury not otherwise appropriated as follows: 29 a. From the appropriation made from the Iowa economic 30 emergency fund in section 8.55 for purposes of paying such 31 expenses . 32 b. To the extent the appropriation from the Iowa economic 33 emergency fund described in paragraph “a” is insufficient to 34 pay such expenses, there is appropriated from moneys in the 35 -3- HF 2473 (3) 85 tm/jp/md 3/ 31
H.F. 2473 general fund of the state not otherwise appropriated the amount 1 necessary to fund the deficiency. 2 DIVISION III 3 MISCELLANEOUS PROVISIONS AND APPROPRIATIONS 4 Sec. 8. AIR QUALITY PROGRAM. Notwithstanding the purposes 5 provided in section 455E.11, subsection 2, paragraph “c”, there 6 is appropriated from the household hazardous waste account of 7 the groundwater protection fund to the department of natural 8 resources for the fiscal year beginning July 1, 2014, and 9 ending June 30, 2015, the following amount, or so much thereof 10 as is necessary, to be used for the purposes designated: 11 For supporting the department’s air quality programs, 12 including salaries, support, maintenance, and miscellaneous 13 purposes: 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,400,000 15 Sec. 9. FOOD SECURITY FOR OLDER INDIVIDUALS. There 16 is appropriated from the general fund of the state to the 17 department on aging for the fiscal year beginning July 1, 18 2014, and ending June 30, 2015, the following amount, or so 19 much thereof as is necessary, to be used for the purposes 20 designated: 21 To award to each area agency on aging designated under 22 section 231.32 in the proportion that the estimated amount of 23 older individuals in Iowa served by that area agency on aging 24 bears to the total estimated amount of older individuals in 25 Iowa, to be used to provide congregate meals and home-delivered 26 meals to food-insecure older individuals in Iowa: 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 250,000 28 Sec. 10. AIR QUALITY STAKEHOLDER GROUP. The director of 29 the department of natural resources shall convene a stakeholder 30 group for purposes of studying the funding of air quality 31 programs administered by the department. By December 1, 2014, 32 the department shall submit a written report to the general 33 assembly regarding the findings and recommendations of the 34 stakeholder group. 35 -4- HF 2473 (3) 85 tm/jp/md 4/ 31
H.F. 2473 Sec. 11. PERSONNEL SETTLEMENT AGREEMENT PAYMENTS. The 1 general assembly and the judicial branch shall not enter into 2 a personnel settlement agreement with a state employee that 3 contains a confidentiality provision intended to prevent public 4 disclosure of the agreement or any terms of the agreement. 5 Sec. 12. Section 8.9, subsection 2, paragraph a, Code 2014, 6 is amended to read as follows: 7 a. All grant applications submitted and grant moneys 8 received by a department on behalf of the state shall be 9 reported to the office of grants enterprise management. The 10 office shall by January 31 December 1 of each year submit 11 to the fiscal services division of the legislative services 12 agency a written report listing all grants received during the 13 previous calendar most recently completed federal fiscal year 14 with a value over one thousand dollars and the funding entity 15 and purpose for each grant. However, the reports on grants 16 filed by the state board of regents pursuant to section 8.44 17 shall be deemed sufficient to comply with the requirements of 18 this subsection . In addition, each department shall submit 19 and the office shall report, as applicable, for each grant 20 applied for or received and other federal moneys received the 21 expected duration of the grant or the other moneys, maintenance 22 of effort or other matching fund requirements throughout and 23 following the period of the grant or the other moneys, the 24 sources of the federal funding and any match funding, any 25 policy, program, or operational requirement associated with 26 receipt of the funding, a status report on changes anticipated 27 in the federal requirements associated with the grant or other 28 federal funding during the fiscal year in progress and the 29 succeeding fiscal year, and any other information concerning 30 the grant or other federal funding that would be helpful in the 31 development of policy or budget decisions. The fiscal services 32 division of the legislative services agency shall compile the 33 information received for consideration by the standing joint 34 appropriations subcommittees of the general assembly. 35 -5- HF 2473 (3) 85 tm/jp/md 5/ 31
H.F. 2473 Sec. 13. Section 68B.3, Code 2014, is amended by adding the 1 following new subsection: 2 NEW SUBSECTION . 2A. This section does not apply to sales of 3 services by a member of a board or commission as defined under 4 section 7E.4 to state executive branch agencies or subunits 5 of departments or independent agencies as defined in section 6 7E.4 that are not the subunit of the department or independent 7 agency in which the person serves or are not a subunit of a 8 department or independent agency with which the person has 9 substantial and regular contact as part of the person’s duties. 10 Sec. 14. Section 522B.1, Code 2014, is amended by adding the 11 following new subsection: 12 NEW SUBSECTION . 12A. “Policy owner” means a person who 13 is identified as the legal owner of an insurance policy or 14 contract under the terms of the insurance policy or contract, 15 or who is otherwise vested with legal title to the insurance 16 policy or contract through a valid assignment completed in 17 accordance with the terms of the insurance policy or contract 18 and is properly recorded as the legal owner of the policy or 19 contract in the records of the insurer. “Policy owner” does 20 not include a person who has a mere beneficial interest in an 21 insurance policy or contract. 22 Sec. 15. Section 522B.11, subsection 7, Code 2014, is 23 amended by adding the following new paragraphs: 24 NEW PARAGRAPH . c. Notwithstanding the holding in Pitts 25 v. Farm Bureau Life Ins. Co., 818 N.W.2d 91 (Iowa 2012), 26 an insurance producer, while acting within the scope and 27 course of the license provided for by this chapter, is not in 28 the business of supplying information to others unless the 29 requirements of paragraph “a” relating to expanded duties and 30 responsibilities are met. 31 NEW PARAGRAPH . d. Neither an insurance producer nor an 32 insurer has a duty to change the beneficiary of an insurance 33 policy or contract unless clear written evidence of the 34 policy owner’s intent to change a beneficiary of the policy 35 -6- HF 2473 (3) 85 tm/jp/md 6/ 31
H.F. 2473 or contract is presented to the insurance producer or insurer 1 in the manner required by the policy or contract prior to the 2 payment of any insurance benefits under the policy or contract. 3 Such evidence shall be provided in the same manner as a claim 4 for benefits under the policy or contract. 5 NEW PARAGRAPH . e. Notwithstanding the holding in St. 6 Malachy Roman Catholic Congregation v. Ingram, No. 12-1817 7 (Iowa Dec. 27, 2013), an insurance producer owes any duties 8 and responsibilities referred to in this subsection only to 9 the policy owner, the person in privity of contract with 10 the insurance producer, and the principal in the agency 11 relationship with the insurance producer. 12 Sec. 16. Section 602.1302, subsection 3, Code 2014, is 13 amended to read as follows: 14 3. A revolving fund is created in the state treasury for 15 the payment of jury and witness fees, mileage, costs related to 16 summoning jurors by the judicial branch, costs and fees related 17 to the management and payment of interpreters and translators 18 in judicial branch legal proceedings and court-ordered 19 programs, and attorney fees paid by the state public defender 20 for counsel appointed pursuant to section 600A.6A . The 21 judicial branch shall deposit any reimbursements to the state 22 for the payment of jury and witness fees and mileage in the 23 revolving fund. In each calendar quarter the judicial branch 24 shall reimburse the state public defender for attorney fees 25 paid pursuant to section 600A.6B . Notwithstanding section 26 8.33 , unencumbered and unobligated receipts in the revolving 27 fund at the end of a fiscal year do not revert to the general 28 fund of the state. The judicial branch shall on or before 29 February 1 file a financial accounting of the moneys in the 30 revolving fund with the legislative services agency. The 31 accounting shall include an estimate of disbursements from the 32 revolving fund for the remainder of the fiscal year and for the 33 next fiscal year. 34 Sec. 17. Section 724.1, subsection 8, Code 2014, is amended 35 -7- HF 2473 (3) 85 tm/jp/md 7/ 31
H.F. 2473 by striking the subsection. 1 Sec. 18. NEW SECTION . 724.3A Firearm suppressors. 2 Any person, trust, corporation, or other entity may possess 3 a firearm suppressor if the firearm suppressor is registered 4 and possessed in compliance with federal law and regulations. 5 Sec. 19. 2013 Iowa Acts, chapter 138, section 157, 6 subsection 5A, if enacted by 2014 Iowa Acts, House File 2463, 7 is amended by striking the subsection. 8 Sec. 20. EFFECTIVE UPON ENACTMENT. The following provision 9 or provisions of this division of this Act, being deemed of 10 immediate importance, take effect upon enactment: 11 1. The section amending section 522B.1. 12 2. The section amending section 522B.11. 13 DIVISION IV 14 CORRECTIVE PROVISIONS 15 Sec. 21. Section 15.353, subsection 1, paragraph c, 16 subparagraph (2), if enacted by 2014 Iowa Acts, House File 17 2448, is amended to read as follows: 18 (2) The average dwelling unit cost does not exceed two 19 hundred fifty thousand dollars per dwelling unit if the 20 project involves the rehabilitation, repair, redevelopment, 21 or preservation of eligible property, as that term is defined 22 in section 404A.1, subsection 2 property described in section 23 404A.1, subsection 7, paragraph “a” . 24 Sec. 22. Section 15J.4, subsection 1, paragraph b, as 25 amended by 2014 Iowa Acts, House File 2448, section 34, if 26 enacted, is amended to read as follows: 27 b. The area was in whole or in part a designated economic 28 development enterprise zone under chapter 15E, division XVIII, 29 Code 2014, immediately prior to the effective date of this 30 division of this Act, or the area is in whole or in part an 31 urban renewal area established pursuant to chapter 403. 32 Sec. 23. Section 123.47, subsection 1A, paragraph c, 33 subparagraph (2), as enacted by 2014 Iowa Acts, Senate File 34 2310, section 1, is amended to read as follows: 35 -8- HF 2473 (3) 85 tm/jp/md 8/ 31
H.F. 2473 (2) A person under legal age who consumes or possesses any 1 alcoholic liquor, wine, or beer in connection with a religious 2 observance, ceremony, or right rite . 3 Sec. 24. Section 331.552, subsection 35, as amended by 2014 4 Iowa Acts, House File 2273, section 5, if enacted, is amended 5 to read as follows: 6 35. a. Destroy special assessment records required by 7 section 445.11 within the county system after ten years have 8 elapsed from the end of the fiscal year in which the special 9 assessment was paid in full. The county treasurer shall also 10 destroy the resolution of necessity, plat, and schedule of 11 assessments required by section 384.51 after ten years have 12 elapsed from the end of the fiscal year in which the entire 13 schedule was paid in full. This subsection paragraph applies 14 to documents described in this subsection paragraph that are in 15 existence before, on, or after July 1, 2003. 16 b. Destroy assessment records required by chapter 468 within 17 the county system after ten years have elapsed from the end of 18 the fiscal year in which the assessment was paid in full. The 19 county treasurer shall also destroy the accompanying documents 20 including any resolutions, plats, or schedule of assessments 21 after ten years have elapsed from the end of the fiscal year in 22 which the entire schedule was paid in full. This subsection 23 paragraph applies to documents described in this subsection 24 paragraph that are in existence before, on, or after July 1, 25 2014. 26 Sec. 25. Section 422.33, subsection 4, paragraph c, Code 27 2014, as amended by 2014 Iowa Acts, Senate File 2240, section 28 87, and redesignated as paragraph b, subparagraph (3), is 29 amended to read as follows: 30 (3) Subtract an exemption amount of forty thousand dollars. 31 This exemption amount shall be reduced, but not below zero, 32 by an amount equal to twenty-five percent of the amount by 33 which the alternative minimum taxable income of the taxpayer, 34 computed without regard to the exemption amount in this 35 -9- HF 2473 (3) 85 tm/jp/md 9/ 31
H.F. 2473 paragraph subparagraph , exceeds one hundred fifty thousand 1 dollars. 2 Sec. 26. Section 425.15, subsection 1, paragraph a, as 3 enacted by 2014 Iowa Acts, Senate File 2352, section 1, is 4 amended to read as follows: 5 a. A veteran of any of the military forces of the United 6 States, who acquired the homestead under 38 U.S.C. §21.801, 7 21.802, prior to August 6, 1991, or under 38 U.S.C. §2101, 8 2102. 9 Sec. 27. Section 508.36, subsection 13, paragraph d, 10 subparagraph (1), subparagraph division (c), as enacted by 2014 11 Iowa Acts, Senate File 2131, section 9, is amended to read as 12 follows: 13 (c) Minimum reserves for all other policies of or contracts 14 subject to subsection 1, paragraph “b” . 15 Sec. 28. Section 508.36, subsection 16, paragraph c, 16 subparagraph (3), as enacted by 2014 Iowa Acts, Senate File 17 2131, section 9, is amended to read as follows: 18 (3) Once any portion of a memorandum in support of an 19 opinion submitted under subsection 2 or a principle-based 20 valuation report developed under subsection 14, paragraph “b” , 21 subparagraph (3), is cited by a company in its marketing or is 22 publicly volunteered to or before a governmental agency other 23 than a state insurance department or is released by the company 24 to the news media, all portions or of such memorandum or report 25 shall no longer be confidential information. 26 Sec. 29. Section 508.37, subsection 6, paragraph h, 27 subparagraph (8), as enacted by 2014 Iowa Acts, Senate File 28 2131, section 13, is amended to read as follows: 29 (8) For policies issued on or after the operative date of 30 the valuation manual, the valuation manual shall provide the 31 Commissioners Standard Mortality Table for use in determining 32 the minimum nonforfeiture standard that may be substituted for 33 the Commissioners 1961 Standard Industrial Mortality Table 34 or the Commissioners 1961 Industrial Extended Term Insurance 35 -10- HF 2473 (3) 85 tm/jp/md 10/ 31
H.F. 2473 Table. If the commissioner approves by regulation rule any 1 Commissioners Standard Industrial Mortality Table adopted by 2 the national association of insurance commissioners for use in 3 determining the minimum nonforfeiture standard for policies 4 issued on or after the operative date of the valuation manual, 5 then that minimum nonforfeiture standard supersedes the minimum 6 nonforfeiture standard provided by the valuation manual. 7 Sec. 30. Section 537.1301, subsection 46, as enacted by 2014 8 Iowa Acts, House File 2324, section 17, is amended to read as 9 follows: 10 46. “Threshold amount” means the threshold amount, as 11 determined by 12 C.F.R. §226.3(b) §1026.3(b) , in effect during 12 the period the consumer credit transaction was entered into. 13 Sec. 31. 2014 Iowa Acts, Senate File 2257, section 15, is 14 amended by striking the section and inserting in lieu thereof 15 the following: 16 SEC. 15. REPEAL. Sections 261.17A, 261.22, 261.39, 261.41, 17 261.44, 261.48, 261.54, 261.81A, and 261.82, Code 2014, are 18 repealed. 19 Sec. 32. REPEAL. 2014 Iowa Acts, House File 2423, section 20 159, is repealed. 21 Sec. 33. CONTINGENT EFFECTIVENESS. The section of this 22 division of this Act amending section 15.353, subsection 1, 23 paragraph “c” , subparagraph (2), takes effect only if 2014 Iowa 24 Acts, House File 2453, is enacted. 25 DIVISION V 26 GENERAL ASSEMBLY PUBLICATIONS PROVISIONS 27 Sec. 34. Section 2.42, subsection 13, Code 2014, is amended 28 to read as follows: 29 13. To establish policies with regard to publishing 30 printed and electronic versions of legal publications as 31 provided in chapters 2A and 2B , including the Iowa Acts, Iowa 32 Code, Code Supplement, Iowa administrative bulletin, Iowa 33 administrative code, and Iowa court rules, or any part of those 34 publications. The publishing policies may include, but are not 35 -11- HF 2473 (3) 85 tm/jp/md 11/ 31
H.F. 2473 limited to: the style and format to be used; the frequency of 1 publication; the contents of the publications; the numbering 2 systems to be used; the preparation of editorial comments or 3 notations; the correction of errors; the type of print or 4 electronic media and data processing software to be used; the 5 number of volumes to be published; recommended revisions; 6 the letting of contracts for publication; the pricing of the 7 publications to which section 22.3 does not apply; access 8 to, and the use, reproduction, legal protection, sale or 9 distribution, and pricing of related data processing software 10 consistent with chapter 22 ; and any other matters deemed 11 necessary to the publication of uniform and understandable 12 publications. 13 Sec. 35. Section 2A.1, subsection 2, paragraph d, 14 unnumbered paragraph 1, Code 2014, is amended to read as 15 follows: 16 Publication of the official legal publications of the state, 17 including but not limited to the Iowa Acts, Iowa Code, Code 18 Supplement, Iowa administrative bulletin, Iowa administrative 19 code, and Iowa court rules as provided in chapter 2B . The 20 legislative services agency shall do all of the following: 21 Sec. 36. Section 2A.5, subsection 2, paragraph b, Code 2014, 22 is amended by striking the paragraph. 23 Sec. 37. Section 2A.5, Code 2014, is amended by adding the 24 following new subsection: 25 NEW SUBSECTION . 2A. The legislative services agency shall 26 publish annually an electronic or printed version of the roster 27 of state officials. The roster of state officials shall 28 include a correct list of state officers and deputies; members 29 of boards and commissions; justices of the supreme court, 30 judges of the court of appeals, and judges of the district 31 courts including district associate judges and judicial 32 magistrates; and members of the general assembly. The office 33 of the governor shall cooperate in the preparation of the list. 34 Sec. 38. Section 2B.5, subsection 3, Code 2014, is amended 35 -12- HF 2473 (3) 85 tm/jp/md 12/ 31
H.F. 2473 by striking the subsection. 1 Sec. 39. Section 2B.5A, subsection 2, Code 2014, is amended 2 to read as follows: 3 2. In consultation with the administrative rules 4 coordinator, the administrative code editor shall prescribe a 5 uniform style and form required for a person filing a document 6 for publication in the Iowa administrative bulletin or the 7 Iowa administrative code, including but not limited to a 8 rulemaking document. A rulemaking document includes a notice 9 of intended action as provided in section 17A.4 or an adopted 10 rule for filing as provided in section 17A.5 . The rulemaking 11 document shall correlate each rule to the uniform numbering 12 system established by the administrative code editor. The 13 administrative code editor shall provide for the publication of 14 an electronic publication version of the Iowa administrative 15 bulletin and the Iowa administrative code. The administrative 16 code editor shall review all submitted documents for style 17 and form and notify the administrative rules coordinator if a 18 rulemaking document is not in proper style or form, and may 19 return or revise a document which is not in proper style and 20 form. The style and form prescribed shall require that a 21 rulemaking document include a reference to the statute which 22 the rules are intended to implement. 23 Sec. 40. Section 2B.5A, subsection 6, paragraph a, 24 subparagraph (2), subparagraph division (b), Code 2014, is 25 amended to read as follows: 26 (b) A print edition version may include an index. 27 Sec. 41. Section 2B.5B, subsection 2, Code 2014, is amended 28 to read as follows: 29 2. The administrative code editor, upon direction by 30 the Iowa supreme court and in accordance with the policies 31 of the legislative council pursuant to section 2.42 and the 32 legislative services agency pursuant to section 2A.1 , shall 33 prescribe a uniform style and form required for filing a 34 document for publication in the Iowa court rules. The document 35 -13- HF 2473 (3) 85 tm/jp/md 13/ 31
H.F. 2473 shall correlate each rule to the uniform numbering system. The 1 administrative code editor shall provide for the publication 2 of an electronic publication version of the Iowa court rules. 3 The administrative code editor shall review all submitted 4 documents for style and form and notify the Iowa supreme court 5 if a rulemaking document is not in proper style or form, and 6 may return or revise a document which is not in proper style 7 and form. 8 Sec. 42. Section 2B.5B, subsection 3, paragraph b, 9 subparagraph (2), subparagraph division (b), Code 2014, is 10 amended to read as follows: 11 (b) A print version shall may include an index. 12 Sec. 43. Section 2B.6, subsection 2, paragraph b, Code 2014, 13 is amended to read as follows: 14 b. The Iowa Code or Code Supplement, as provided in section 15 2B.12 . 16 Sec. 44. Section 2B.12, Code 2014, is amended to read as 17 follows: 18 2B.12 Iowa Code and Code Supplement . 19 1. The legislative services agency shall control and 20 maintain in a secure electronic repository custodial 21 information used to publish the Iowa Code. 22 2. The legislative services agency shall publish an annual 23 edition of the Iowa Code as soon as possible after the final 24 adjournment of a regular or special session of a general 25 assembly. However, the legislative services agency may publish 26 a new Code Supplement in lieu of the Iowa Code as soon as 27 possible after the final adjournment of a regular session of a 28 general assembly. The legislative services agency may publish 29 a new edition of the Iowa Code or Code Supplement as soon as 30 possible after the final adjournment of a special session of 31 the general assembly. 32 3. An edition of the Iowa Code or Code Supplement shall 33 contain each Code section in its new or amended form. However, 34 a new section or amendment which does not take effect until 35 -14- HF 2473 (3) 85 tm/jp/md 14/ 31
H.F. 2473 after the probable publication date of a succeeding Iowa Code 1 or Code Supplement may be deferred for publication in that 2 succeeding Iowa Code or Code Supplement . The sections shall 3 be inserted in each edition in a logical order as determined 4 by the Iowa Code editor in accordance with the policies of the 5 legislative council. 6 4. Each section of an Iowa Code or Code Supplement shall be 7 indicated by a number printed in boldface type and shall have 8 an appropriate headnote printed in boldface type. 9 5. The Iowa Code shall include all of the following: 10 a. The Declaration of Independence. 11 b. The Articles of Confederation. 12 c. The Constitution of the United States. 13 d. The laws of the United States relating to the 14 authentication of records. 15 e. The Constitution of the State of Iowa, original and 16 codified versions. 17 f. The Act admitting Iowa into the union as a state. 18 g. The arrangement of the Code into distinct units, as 19 established by the legislative services agency, which may 20 include titles, subunits of titles, chapters, subunits of 21 chapters, and sections, and subunits of sections. The distinct 22 units shall be numbered and may include names. 23 h. All of the statutes of Iowa of a general and permanent 24 nature, except as provided in subsection 3 . 25 i. A comprehensive method to search and identify its 26 contents, including the text of the Constitution and statutes 27 of the State of Iowa. 28 (1) An electronic version may include search and retrieval 29 programming, analysis of titles and chapters, and an index and 30 a summary index. 31 (2) A print version shall include an analysis of titles and 32 chapters, and may include an index and a summary index. 33 6. The Iowa Code may include all of the following: 34 a. A preface. 35 -15- HF 2473 (3) 85 tm/jp/md 15/ 31
H.F. 2473 b. A description of citations to statutes. 1 c. Abbreviations to other publications which may be referred 2 to in the Iowa Code. 3 d. Appropriate historical references or source notes. 4 e. An analysis of the Code by titles and chapters. 5 f. Other reference materials as determined by the Iowa 6 Code editor in accordance with any policies of the legislative 7 council. 8 7. A Code Supplement shall include all of the following: 9 a. The text of statutes of Iowa of a general and permanent 10 nature that were enacted during the preceding regular or 11 special session, except as provided in subsection 3 ; an 12 indication of all sections repealed during that session; 13 and any amendments to the Constitution of the State of Iowa 14 approved by the voters since the adjournment of the previous 15 regular session of the general assembly. 16 b. A chapter title and number for each chapter or part of a 17 chapter included. 18 c. A comprehensive method to search and identify its 19 contents, including the text of statutes and the Constitution 20 of the State of Iowa. 21 (1) An electronic version may include search and retrieval 22 programming and an index and a summary index. 23 (2) A print version may include an index and a summary 24 index. 25 8. 7. The Iowa Code or Code Supplement may include 26 appropriate tables showing the disposition of Acts of the 27 general assembly, the corresponding sections from edition to 28 edition of an Iowa Code or Code Supplement , and other reference 29 material as determined by the Iowa Code editor in accordance 30 with policies of the legislative council. 31 8. In lieu of or in addition to publishing an annual 32 edition of the Iowa Code, the legislative services agency, 33 in accordance with the policies of the legislative council, 34 may publish a supplement to the Iowa Code, as necessary or 35 -16- HF 2473 (3) 85 tm/jp/md 16/ 31
H.F. 2473 desirable, in a manner similar to the publication of an annual 1 edition of the Iowa Code. 2 Sec. 45. Section 2B.13, subsection 1, unnumbered paragraph 3 1, Code 2014, is amended to read as follows: 4 The Iowa Code editor in preparing the copy for an edition 5 of the Iowa Code or Code Supplement shall not alter the sense, 6 meaning, or effect of any Act of the general assembly, but may: 7 Sec. 46. Section 2B.13, subsection 1, paragraph f, Code 8 2014, is amended to read as follows: 9 f. Transfer, divide, or combine sections or parts of 10 sections and add or amend revise headnotes to sections and 11 subsections section subunits . Pursuant to section 3.3 , the 12 headnotes are not part of the law. 13 Sec. 47. Section 2B.13, subsection 3, paragraph a, Code 14 2014, is amended to read as follows: 15 a. The Iowa Code editor may, in preparing the copy for 16 an edition of the Iowa Code or Code Supplement , establish 17 standards for and change capitalization, spelling, and 18 punctuation in any provision for purposes of uniformity and 19 consistency in language. 20 Sec. 48. Section 2B.13, subsection 4, paragraph a, Code 21 2014, is amended to read as follows: 22 a. The Iowa Code editor shall seek direction from the senate 23 committee on judiciary and the house committee on judiciary 24 when making Iowa Code or Code Supplement changes. 25 Sec. 49. Section 2B.13, subsection 5, Code 2014, is amended 26 to read as follows: 27 5. The Iowa Code editor may prepare and publish comments 28 deemed necessary for a proper explanation of the manner of 29 printing publishing a section or chapter of the Iowa Code 30 or Code Supplement . The Iowa Code editor shall maintain a 31 record of all of the corrections made under subsection 1 . The 32 Iowa Code editor shall also maintain a separate record of the 33 changes made under subsection 1 , paragraphs “b” through “h” . 34 The records shall be available to the public. 35 -17- HF 2473 (3) 85 tm/jp/md 17/ 31
H.F. 2473 Sec. 50. Section 2B.13, subsection 7, paragraph a, Code 1 2014, is amended to read as follows: 2 a. The effective date of an edition of the Iowa Code or 3 of a supplement to the Iowa Code Supplement or an edition 4 of the Iowa administrative code is its publication date. A 5 publication date is the date the publication is conclusively 6 presumed to be complete, incorporating all revisions or 7 editorial changes. 8 Sec. 51. Section 2B.13, subsection 7, paragraph b, 9 subparagraph (1), Code 2014, is amended to read as follows: 10 (1) For the Iowa Code or a supplement to the Iowa Code 11 Supplement , the publication date is the first day of the next 12 regular session of the general assembly convened pursuant to 13 Article III, section 2, of the Constitution of the State of 14 Iowa. However, the legislative services agency may establish 15 an alternative publication date, which may be the date that 16 the publication is first available to the public accessing the 17 general assembly’s internet site. The legislative services 18 agency shall provide notice of such an alternative publication 19 date on the general assembly’s internet site. 20 Sec. 52. Section 2B.17, subsection 2, paragraph b, Code 21 2014, is amended to read as follows: 22 b. For statutes, the official versions of publications 23 shall be known as the Iowa Acts, the Iowa Code, and the Code 24 Supplement for supplements for the years 1979 through 2011 . 25 Sec. 53. Section 2B.17, subsection 4, paragraph c, Code 26 2014, is amended to read as follows: 27 c. The Iowa Code shall be cited as the Iowa Code. The 28 Code Supplement Supplements to the Iowa Code published for the 29 years 1979 through 2011 shall be cited as the Code Supplement. 30 Subject to the legislative services agency style manual, the 31 Iowa Code may be cited as the Code of Iowa or Code and the 32 Code Supplement may be cited as the Iowa Code Supplement, with 33 references identifying parts of the publication, including 34 but not limited to title or chapter, section, or subunit of a 35 -18- HF 2473 (3) 85 tm/jp/md 18/ 31
H.F. 2473 section. If the citation refers to a past edition of the Iowa 1 Code or Code Supplement, the citation shall identify the year 2 of publication. The legislative services agency style manual 3 shall provide for a citation form for any supplements to the 4 Iowa Code published after the year 2013. 5 Sec. 54. Section 2B.18, subsection 1, Code 2014, is amended 6 to read as follows: 7 1. The Iowa Code editor is the custodian of the official 8 legal publications known as the Iowa Acts, Iowa Code, and Code 9 Supplement for supplements to the Iowa Code for the years 1979 10 through 2011, and for any other supplements to the Iowa Code . 11 The Iowa Code editor may attest to and authenticate any portion 12 of such official legal publication for purposes of admitting 13 a portion of the official legal publication in any court or 14 office of any state, territory, or possession of the United 15 States or in a foreign jurisdiction. 16 Sec. 55. Section 3.1, subsection 1, paragraphs a and b, Code 17 2014, are amended to read as follows: 18 a. Shall refer to the numbers of the sections or chapters 19 of the Code or Code Supplement to be amended or repealed, but 20 it is not necessary to refer to the sections or chapters in the 21 title. 22 b. Shall refer to the session of the general assembly and 23 the sections and chapters of the Acts to be amended if the bill 24 relates to a section or sections of an Act not appearing in the 25 Code or codified in a supplement to the Code . 26 Sec. 56. Section 3.3, Code 2014, is amended to read as 27 follows: 28 3.3 Headnotes and historical references. 29 1. Proper headnotes may be placed at the beginning of a 30 section of a bill or at the beginning of a Code section , and at 31 the end of a Code section there may be placed a reference to 32 the section number of the Code, or any Iowa Act from which the 33 matter of the Code section was taken or Code section subunit . 34 However, except as provided for the uniform commercial code 35 -19- HF 2473 (3) 85 tm/jp/md 19/ 31
H.F. 2473 pursuant to section 554.1107 , headnotes shall not be considered 1 as part of the law as enacted. 2 2. At the end of a Code section there may be placed a 3 reference to the section number of the Code, or any Iowa 4 Act from which the matter of the Code section was taken. 5 Historical references shall not be considered as a part of the 6 law as enacted. 7 DIVISION VI 8 SNOWMOBILES 9 Sec. 57. Section 321G.3, subsection 1, Code 2014, is amended 10 to read as follows: 11 1. Each snowmobile used by a resident on public land, 12 public ice, or a designated snowmobile trail of this state 13 shall be currently registered in this state pursuant to section 14 321G.4 . A person resident shall not operate, maintain, or give 15 permission for the operation or maintenance of a snowmobile 16 on public land, public ice, or a designated snowmobile trail 17 unless the snowmobile is registered in accordance with this 18 chapter or applicable federal laws or in accordance with an 19 approved numbering system of another state and the evidence 20 of registration is in full force and effect . A The owner 21 of a snowmobile must also be issued obtain a user permit in 22 accordance with this chapter section 321G.4A . 23 Sec. 58. Section 321G.4, subsections 2 and 4, Code 2014, are 24 amended to read as follows: 25 2. The owner of the snowmobile shall file an application for 26 registration with the department through the county recorder 27 of the county of residence , or in the case of a nonresident 28 owner, in the county of primary use, in the manner established 29 by the commission. The application shall be completed by the 30 owner and shall be accompanied by a fee of fifteen dollars and 31 a writing fee as provided in section 321G.27 . A snowmobile 32 shall not be registered by the county recorder until the 33 county recorder is presented with receipts, bills of sale, 34 or other satisfactory evidence that the sales or use tax has 35 -20- HF 2473 (3) 85 tm/jp/md 20/ 31
H.F. 2473 been paid for the purchase of the snowmobile or that the 1 owner is exempt from paying the tax. A snowmobile that has 2 an expired registration certificate from another state may be 3 registered in this state upon proper application, payment of 4 all applicable registration and writing fees, and payment of a 5 penalty of five dollars. 6 4. Notwithstanding subsections 1 and 2 , a snowmobile that 7 is more than thirty years old manufactured prior to 1984 may 8 be registered as an antique snowmobile for a one-time fee 9 of twenty-five dollars, which shall exempt the owner from 10 annual registration and fee requirements for that snowmobile. 11 However, if ownership of such a an antique snowmobile is 12 transferred, the new owner shall register the snowmobile and 13 pay the one-time fee as required under this subsection . A 14 snowmobile may be registered under this section with only a 15 signed bill of sale as evidence of ownership. 16 Sec. 59. NEW SECTION . 321G.4B Nonresident requirements —— 17 penalties. 18 1. A nonresident wishing to operate a snowmobile on public 19 land, public ice, or a designated snowmobile trail of this 20 state shall obtain a user permit in accordance with section 21 321G.4A. In addition to obtaining a user permit, a nonresident 22 shall display a current registration decal or other evidence 23 of registration or numbering required by the owner’s state of 24 residence unless the owner resides in a state that does not 25 register or number snowmobiles. 26 2. A violation of subsection 1 is punishable as a scheduled 27 violation under section 805.8B, subsection 2, paragraph “a” . 28 When the scheduled fine is paid, the violator shall submit 29 proof to the department that a user permit has been obtained 30 and provide evidence of registration or numbering as required 31 by the owner’s state of residence, if applicable, to the 32 department within thirty days of the date the fine is paid. 33 A person who violates this section is guilty of a simple 34 misdemeanor. 35 -21- HF 2473 (3) 85 tm/jp/md 21/ 31
H.F. 2473 Sec. 60. Section 321G.20, Code 2014, is amended by striking 1 the section and inserting in lieu thereof the following: 2 321G.20 Operation by persons under sixteen. 3 A person under sixteen years of age shall not operate a 4 snowmobile on a designated snowmobile trail, public land, or 5 public ice unless the operation is under the direct supervision 6 of a parent, legal guardian, or another person of at least 7 eighteen years of age authorized by the parent or guardian, 8 who is experienced in snowmobile operation and who possesses 9 a valid driver’s license, as defined in section 321.1, or an 10 education certificate issued under this chapter. 11 Sec. 61. Section 321G.24, subsection 1, Code 2014, is 12 amended to read as follows: 13 1. A person under eighteen twelve through seventeen years 14 of age shall not operate a snowmobile on public land, public 15 ice, a designated snowmobile trail, or land purchased with 16 snowmobile registration funds in this state without obtaining a 17 valid an education certificate approved by the department and 18 having the certificate in the person’s possession, unless the 19 person is accompanied on the same snowmobile by a responsible 20 person of at least eighteen years of age who is experienced in 21 snowmobile operation and possesses a valid driver’s license, as 22 defined in section 321.1 , or an education certificate issued 23 under this chapter . 24 Sec. 62. Section 805.8B, subsection 2, paragraph a, Code 25 2014, is amended to read as follows: 26 a. For registration or user permit violations under section 27 321G.3, subsection 1 , or section 321G.4B, the scheduled fine 28 is fifty dollars. 29 DIVISION VII 30 INCOME TAX CHECKOFFS 31 Sec. 63. NEW SECTION . 422.12D Income tax checkoff for the 32 Iowa state fair foundation fund. 33 1. A person who files an individual or a joint income tax 34 return with the department of revenue under section 422.13 35 -22- HF 2473 (3) 85 tm/jp/md 22/ 31
H.F. 2473 may designate one dollar or more to be paid to the foundation 1 fund of the Iowa state fair foundation as established in 2 section 173.22 . If the refund due on the return or the payment 3 remitted with the return is insufficient to pay the amount 4 designated by the taxpayer to the foundation fund, the amount 5 designated shall be reduced to the remaining amount of the 6 refund or the remaining amount remitted with the return. The 7 designation of a contribution to the foundation fund under this 8 section is irrevocable. 9 2. The director of revenue shall draft the income tax form 10 to allow the designation of contributions to the foundation 11 fund on the tax return. The department, on or before January 12 31, shall transfer the total amount designated on the tax 13 form due in the preceding year to the foundation fund. 14 However, before a checkoff pursuant to this section shall be 15 permitted, all liabilities on the books of the department of 16 administrative services and accounts identified as owing under 17 section 8A.504 and the political contribution allowed under 18 section 68A.601 shall be satisfied. 19 3. The Iowa state fair board may authorize payment from 20 the foundation fund for purposes of supporting foundation 21 activities. 22 4. The department of revenue shall adopt rules to implement 23 this section . 24 5. This section is subject to repeal under section 422.12E. 25 Sec. 64. NEW SECTION . 422.12L Joint income tax checkoff for 26 veterans trust fund and volunteer fire fighter preparedness fund. 27 1. A person who files an individual or a joint income tax 28 return with the department of revenue under section 422.13 may 29 designate one dollar or more to be paid jointly to the veterans 30 trust fund created in section 35A.13 and to the volunteer fire 31 fighter preparedness fund created in section 100B.13 . If the 32 refund due on the return or the payment remitted with the 33 return is insufficient to pay the additional amount designated 34 by the taxpayer, the amount designated shall be reduced to the 35 -23- HF 2473 (3) 85 tm/jp/md 23/ 31
H.F. 2473 remaining amount of refund or the remaining amount remitted 1 with the return. The designation of a contribution under this 2 section is irrevocable. 3 2. The director of revenue shall draft the income tax form 4 to allow the designation of contributions to the veterans trust 5 fund and to the volunteer fire fighter preparedness fund as 6 one checkoff on the tax return. The department of revenue, 7 on or before January 31, shall transfer one-half of the total 8 amount designated on the tax return forms due in the preceding 9 calendar year to the veterans trust fund and the remaining 10 one-half to the volunteer fire fighter preparedness fund. 11 However, before a checkoff pursuant to this section shall be 12 permitted, all liabilities on the books of the department of 13 administrative services and accounts identified as owing under 14 section 8A.504 and the political contribution allowed under 15 section 68A.601 shall be satisfied. 16 3. The department of revenue shall adopt rules to administer 17 this section . 18 4. This section is subject to repeal under section 422.12E . 19 Sec. 65. REPEAL. Sections 422.12D and 422.12L, Code 2014, 20 are repealed. 21 Sec. 66. RETROACTIVE APPLICABILITY. This division of this 22 Act applies retroactively to January 1, 2014, for tax years 23 beginning on or after that date. 24 DIVISION VIII 25 COUNTY RECORDERS 26 Sec. 67. Section 321G.1, Code 2014, is amended by adding the 27 following new subsection: 28 NEW SUBSECTION . 9A. “Document” means a snowmobile 29 certificate of title, registration certificate or registration 30 renewal, user permit, or duplicate special registration 31 certificate issued by the county recorder’s office. 32 Sec. 68. Section 321G.29, subsection 7, Code 2014, is 33 amended to read as follows: 34 7. The county recorder shall maintain a an electronic record 35 -24- HF 2473 (3) 85 tm/jp/md 24/ 31
H.F. 2473 of any certificate of title which the county recorder issues 1 and shall keep each certificate of title on record until the 2 certificate of title has been inactive for five years. When 3 issuing a title for a new snowmobile, the county recorder shall 4 obtain and keep the certificate of origin on file a copy of the 5 certificate of origin . When issuing a title and registration 6 for a used snowmobile for which there is no title or 7 registration, the county recorder shall obtain and keep on file 8 the affidavit for the unregistered and untitled snowmobile. 9 Sec. 69. Section 321G.32, subsection 1, paragraph a, Code 10 2014, is amended to read as follows: 11 a. To perfect the security interest, an application for 12 security interest must be presented along with the original 13 title. The county recorder shall note the security interest on 14 the face of the title and on in the copy in electronic record 15 maintained by the recorder’s office. 16 Sec. 70. Section 321I.1, Code 2014, is amended by adding the 17 following new subsection: 18 NEW SUBSECTION . 10A. “Document” means an all-terrain 19 vehicle certificate of title, vehicle registration or 20 registration renewal, user permit, or duplicate special 21 registration certificate issued by the county recorder’s 22 office. 23 Sec. 71. Section 321I.31, subsection 7, Code 2014, is 24 amended to read as follows: 25 7. The county recorder shall maintain a an electronic record 26 of any certificate of title which the county recorder issues 27 and shall keep each certificate of title on record until the 28 certificate of title has been inactive for five years. When 29 issuing a title for a new all-terrain vehicle, the county 30 recorder shall obtain and keep the certificate of origin on 31 file a copy of the certificate of origin . When issuing a title 32 and registration for a used all-terrain vehicle for which 33 there is no title or registration, the county recorder shall 34 obtain and keep on file the affidavit for the unregistered and 35 -25- HF 2473 (3) 85 tm/jp/md 25/ 31
H.F. 2473 untitled all-terrain vehicle. 1 Sec. 72. Section 321I.34, subsection 1, paragraph a, Code 2 2014, is amended to read as follows: 3 a. To perfect the security interest, an application for 4 security interest must be presented along with the original 5 title. The county recorder shall note the security interest on 6 the face of the title and on in the copy in electronic record 7 maintained by the recorder’s office. 8 Sec. 73. Section 331.602, subsection 39, Code 2014, is 9 amended to read as follows: 10 39. Accept applications for passports if approved to accept 11 such applications by the United States department of state . 12 Sec. 74. Section 359A.10, Code 2014, is amended to read as 13 follows: 14 359A.10 Entry and record of orders. 15 Such orders, decisions, notices, and returns shall be 16 entered of record at length by the township clerk, and a copy 17 thereof certified by the township clerk to the county recorder, 18 who shall record the same in the recorder’s office in a book 19 kept for that purpose the manner specified in sections 558.49 20 and 558.52 , and index such record in the name of each adjoining 21 owner as grantor to the other. The county recorder shall 22 collect fees specified in section 331.604 . 23 Sec. 75. Section 462A.5, subsection 1, paragraph a, Code 24 2014, is amended to read as follows: 25 a. The owner of the vessel shall file an application 26 for registration with the appropriate county recorder on 27 forms provided by the commission. The application shall be 28 completed and signed by the owner of the vessel and shall 29 be accompanied by the appropriate fee, and the writing fee 30 specified in section 462A.53 . Upon applying for registration, 31 the owner shall display a bill of sale, receipt, or other 32 satisfactory proof of ownership as provided by the rules of 33 the commission to the county recorder. If the county recorder 34 is not satisfied as to the ownership of the vessel or that 35 -26- HF 2473 (3) 85 tm/jp/md 26/ 31
H.F. 2473 there are no undisclosed security interests in the vessel, 1 the county recorder may register the vessel but shall, as a 2 condition of issuing a registration certificate, require the 3 applicant to follow the procedure provided in section 462A.5A . 4 Upon receipt of the application in approved form accompanied 5 by the required fees, the county recorder shall enter it 6 upon the records of the recorder’s office and shall issue to 7 the applicant a pocket-size registration certificate. The 8 certificate shall be executed in triplicate, one copy to be 9 and delivered to the owner , one copy to the commission, and 10 one copy to be retained on file by the county recorder . The 11 county recorder shall maintain an electronic record of each 12 registration certificate issued by the county recorder under 13 this chapter. The registration certificate shall bear the 14 number awarded to the vessel, the passenger capacity of the 15 vessel, and the name and address of the owner. In the use of 16 all vessels except nonpowered sailboats, nonpowered canoes, 17 and commercial vessels, the registration certificate shall be 18 carried either in the vessel or on the person of the operator 19 of the vessel when in use. In the use of nonpowered sailboats, 20 nonpowered canoes, or commercial vessels, the registration 21 certificate may be kept on shore in accordance with rules 22 adopted by the commission. The operator shall exhibit the 23 certificate to a peace officer upon request or, when involved 24 in an occurrence of any nature with another vessel or other 25 personal property, to the owner or operator of the other vessel 26 or personal property. 27 Sec. 76. Section 462A.77, subsection 7, Code 2014, is 28 amended to read as follows: 29 7. The county recorder shall maintain a an electronic record 30 of any each certificate of title which issued by the county 31 recorder issues and shall keep each certificate of title on 32 record under this chapter until the certificate of title has 33 been inactive for five years. 34 Sec. 77. Section 462A.84, subsection 1, paragraph a, Code 35 -27- HF 2473 (3) 85 tm/jp/md 27/ 31
H.F. 2473 2014, is amended to read as follows: 1 a. To perfect the security interest, an application for 2 security interest must be presented along with the original 3 title. The county recorder shall note the security interest on 4 the face of the title and on in the copy in electronic record 5 maintained by the recorder’s office. 6 DIVISION IX 7 FOSTER CARE 8 Sec. 78. Section 232.46, subsection 1, Code 2014, is amended 9 to read as follows: 10 1. a. At any time after the filing of a petition and 11 prior to entry of an order of adjudication pursuant to section 12 232.47 , the court may suspend the proceedings on motion of the 13 county attorney or the child’s counsel, enter a consent decree, 14 and continue the case under terms and conditions established by 15 the court. These terms and conditions may include prohibiting 16 a any of the following: 17 (1) Prohibiting the child from driving a motor vehicle for 18 a specified period of time or under specific circumstances , 19 or the supervision . The court shall notify the department of 20 transportation of an order prohibiting the child from driving. 21 (2) Supervision of the child by a juvenile court officer or 22 other agency or person designated by the court , and may include 23 the requirement that the child perform . 24 (3) The performance of a work assignment of value to the 25 state or to the public or make making restitution consisting of 26 a monetary payment to the victim or a work assignment directly 27 of value to the victim. The court shall notify the state 28 department of transportation of an order prohibiting the child 29 from driving. 30 (4) Placement of the child in a group or family foster 31 care setting, if the court makes a determination that such a 32 placement is the least restrictive option. 33 b. A child’s need for shelter placement or for inpatient 34 mental health or substance abuse treatment does not preclude 35 -28- HF 2473 (3) 85 tm/jp/md 28/ 31
H.F. 2473 entry or continued execution of a consent decree. 1 Sec. 79. Section 234.35, subsection 1, paragraph e, Code 2 2014, is amended to read as follows: 3 e. When a court has entered an order transferring the 4 legal custody of the child to a foster care placement pursuant 5 to section 232.46, section 232.52, subsection 2 , paragraph 6 “d” , or section 232.102, subsection 1 . However, payment 7 for a group foster care placement shall be limited to those 8 placements which conform to a service area group foster care 9 plan established pursuant to section 232.143 . 10 DIVISION X 11 SOLAR TAX CREDITS 12 Sec. 80. 2014 Iowa Acts, Senate File 2340, if enacted, is 13 amended by adding the following new section: 14 Sec. ___. Section 422.33, subsection 29, paragraph a, Code 15 2014, is amended to read as follows: 16 a. The taxes imposed under this division shall be reduced 17 by a solar energy system tax credit equal to fifty sixty 18 percent of the federal energy credit related to solar energy 19 systems provided in section 48 48(a)(2)(A)(i)(II) and section 20 48(a)(2)(A)(i)(III) of the Internal Revenue Code, not to exceed 21 fifteen twenty thousand dollars. 22 Sec. 81. Section 422.11L, subsection 1, paragraphs a and b, 23 as amended by 2014 Iowa Acts, Senate File 2340, section 1, if 24 enacted, is amended to read as follows: 25 a. Sixty percent of the federal residential energy efficient 26 property credit related to solar energy provided in section 25D 27 25E(a)(1) and section 25D(a)(2) of the Internal Revenue Code, 28 not to exceed five thousand dollars. 29 b. Sixty percent of the federal energy credit related to 30 solar energy systems provided in section 48 48(a)(2)(A)(i)(II) 31 and section 48(a)(2)(A)(i)(III) of the Internal Revenue Code, 32 not to exceed twenty thousand dollars. 33 Sec. 82. Section 422.60, subsection 12, paragraph a, as 34 enacted by 2014 Iowa Acts, House File 2438, section 27, is 35 -29- HF 2473 (3) 85 tm/jp/md 29/ 31
H.F. 2473 amended to read as follows: 1 a. The taxes imposed under this division shall be reduced 2 by a solar energy system tax credit equal to fifty sixty 3 percent of the federal energy credit related to solar energy 4 systems provided in section 48 48(a)(2)(A)(i)(II) and section 5 48(a)(2)(A)(i)(III) of the Internal Revenue Code, not to exceed 6 fifteen twenty thousand dollars. 7 Sec. 83. EFFECTIVE UPON ENACTMENT. The following provision 8 or provisions of this division of this Act, being deemed of 9 immediate importance, take effect upon enactment: 10 1. The section amending section 422.33, subsection 29, 11 paragraph “a”. 12 2. The section amending section 422.11L, subsection 1, 13 paragraphs “a” and “b”. 14 3. The section amending section 422.60, subsection 12, 15 paragraph “a”. 16 Sec. 84. RETROACTIVE APPLICABILITY. The following 17 provision or provisions of this division of this Act apply 18 retroactively to January 1, 2014, for tax years beginning on 19 or after that date: 20 1. The section of this Act amending section 422.33, 21 subsection 29, paragraph “a”. 22 2. The section of this Act amending section 422.11L, 23 subsection 1, paragraphs “a” and “b”. 24 3. The section of this Act amending section 422.60, 25 subsection 12, paragraph “a”. 26 DIVISION XI 27 ACCOUNT FOR HEALTH CARE TRANSFORMATION 28 Sec. 85. ACCOUNT FOR HEALTH CARE TRANSFORMATION —— FY 29 2013-2014. As of December 31, 2013, any funds remaining in 30 the account for health care transformation created in section 31 249J.23, Code 2013, shall revert to the general fund of the 32 state. 33 Sec. 86. IOWACARE ACCOUNT. Until June 30, 2015, any funds 34 remaining in the IowaCare account created in section 249J.24, 35 -30- HF 2473 (3) 85 tm/jp/md 30/ 31
H.F. 2473 Code 2013, shall remain available and are appropriated to the 1 department of human services for the payment of valid claims. 2 Sec. 87. IMMEDIATE EFFECTIVE DATE. This division of this 3 Act, being deemed of immediate importance, takes effect upon 4 enactment. 5 Sec. 88. RETROACTIVE APPLICABILITY. The following sections 6 of this division of this Act apply retroactively to July 1, 7 2013: 8 1. The section relating to the reversion of funds remaining 9 in the account for health care transformation to the general 10 fund of the state. 11 2. The section relating to availability and appropriation 12 of the funds remaining in the IowaCare account. 13 -31- HF 2473 (3) 85 tm/jp/md 31/ 31