H.F. 2348 DIVISION I 1 MISCELLANEOUS CHANGES 2 Section 1. Section 7A.14, Code 2018, is amended to read as 3 follows: 4 7A.14 Number of copies —— style. 5 1. The annual and biennial reports shall be published, 6 printed, and bound in such number as the director of the 7 department of administrative services may order. The officials 8 and heads of departments shall furnish the director with 9 information necessary to determine the number of copies to be 10 printed. 11 2. They The reports shall be printed on good paper, in 12 legible type with pages substantially six inches by nine inches 13 in size. They The reports may be divided for binding where one 14 portion should receive larger distribution than another, or be 15 issued in parts or sections for greater convenience. 16 Sec. 2. Section 12.1, Code 2018, is amended to read as 17 follows: 18 12.1 Office —— accounts —— reports. 19 1. The treasurer shall keep the treasurer’s office at the 20 seat of government, and shall keep an accurate account of the 21 receipts and disbursements at the treasury in books kept for 22 that purpose, in which the treasurer shall specify the names of 23 the persons from whom money is received, and on what account, 24 and the time thereof of receipt . 25 2. The treasurer is responsible for reporting on the bonding 26 activities of all political subdivisions, instrumentalities, 27 and agencies of the state and shall make recommendations to 28 the general assembly and the governor on modification in the 29 bonding authority. The treasurer shall notify each political 30 subdivision, instrumentality, and agency of the state to report 31 to the treasurer the amount of bonds outstanding and each new 32 bond issue. The treasurer shall adopt rules and establish 33 forms for carrying out this provision section . Each political 34 subdivision, instrumentality, and agency of the state shall 35 -1- HF 2348 (3) 87 lh/rj/md 1/ 81

H.F. 2348 provide all the information required by the treasurer under 1 this provision section . 2 Sec. 3. Section 15.333, Code 2018, is amended to read as 3 follows: 4 15.333 Investment tax credit. 5 1. For purposes of this section, “new investment” means the 6 cost of machinery and equipment, as defined in section 427A.1, 7 subsection 1, paragraphs “e” and “j” , purchased for use in the 8 operation of the eligible business, the purchase price of which 9 has been depreciated in accordance with generally accepted 10 accounting principles, the purchase price of real property and 11 any buildings and structures located on the real property, and 12 the cost of improvements made to real property which is used 13 in the operation of the eligible business. “New investment” 14 also means the annual base rent paid to a third-party developer 15 by an eligible business for a period not to exceed ten years, 16 provided the cumulative cost of the base rent payments for that 17 period does not exceed the cost of the land and the third-party 18 developer’s costs to build or renovate the building for the 19 eligible business. 20 1. 2. An eligible business may claim a tax credit equal 21 to a percentage of the new investment directly related to new 22 jobs created or retained by the project. The tax credit shall 23 be amortized equally over five calendar years. The tax credit 24 shall be allowed against taxes imposed under chapter 422, 25 division II, III, or V , and against the moneys and credits tax 26 imposed in section 533.329 . If the business is a partnership, 27 S corporation, limited liability company, cooperative organized 28 under chapter 501 and filing as a partnership for federal tax 29 purposes, or estate or trust electing to have the income taxed 30 directly to the individual, an individual may claim the tax 31 credit allowed. The amount claimed by the individual shall 32 be based upon the pro rata share of the individual’s earnings 33 of the partnership, S corporation, limited liability company, 34 cooperative organized under chapter 501 and filing as a 35 -2- HF 2348 (3) 87 lh/rj/md 2/ 81

H.F. 2348 partnership for federal tax purposes, or estate or trust. The 1 percentage shall be determined as provided in section 15.335A . 2 Any tax credit in excess of the tax liability for the tax year 3 may be credited to the tax liability for the following seven 4 years or until depleted, whichever occurs first. 5 2. 3. For purposes of this section , “new investment” means 6 the cost of machinery and equipment, as defined in section 7 427A.1, subsection 1 , paragraphs “e” and “j” , purchased for use 8 in the operation of the eligible business, the purchase price 9 of which has been depreciated in accordance with generally 10 accepted accounting principles, the purchase price of real 11 property and any buildings and structures located on the real 12 property, and the cost of improvements made to real property 13 which is used in the operation of the eligible business. 14 “New investment” also means the annual base rent paid to a 15 third-party developer by an eligible business for a period not 16 to exceed ten years, provided the cumulative cost of the base 17 rent payments for that period does not exceed the cost of the 18 land and the third-party developer’s costs to build or renovate 19 the building for the eligible business. The eligible business 20 shall enter into a lease agreement with the third-party 21 developer for a minimum of five years. If, however, within 22 five years of purchase, the eligible business sells, disposes 23 of, razes, or otherwise renders unusable all or a part of the 24 land, buildings, or other existing structures for which tax 25 credit was claimed under this section , the tax liability of 26 the eligible business for the year in which all or part of the 27 property is sold, disposed of, razed, or otherwise rendered 28 unusable shall be increased by one of the following amounts: 29 a. One hundred percent of the tax credit claimed under 30 this section if the property ceases to be eligible for the tax 31 credit within one full year after being placed in service. 32 b. Eighty percent of the tax credit claimed under this 33 section if the property ceases to be eligible for the tax 34 credit within two full years after being placed in service. 35 -3- HF 2348 (3) 87 lh/rj/md 3/ 81

H.F. 2348 c. Sixty percent of the tax credit claimed under this 1 section if the property ceases to be eligible for the tax 2 credit within three full years after being placed in service. 3 d. Forty percent of the tax credit claimed under this 4 section if the property ceases to be eligible for the tax 5 credit within four full years after being placed in service. 6 e. Twenty percent of the tax credit claimed under this 7 section if the property ceases to be eligible for the tax 8 credit within five full years after being placed in service. 9 Sec. 4. Section 15.333A, Code 2018, is amended to read as 10 follows: 11 15.333A Insurance premium tax credits. 12 1. For purposes of this section, “new investment” means the 13 cost of machinery and equipment, as defined in section 427A.1, 14 subsection 1, paragraphs “e” and “j” , purchased for use in the 15 operation of the eligible business, the purchase price of which 16 has been depreciated in accordance with generally accepted 17 accounting principles, the purchase price of real property and 18 any buildings and structures located on the real property, and 19 the cost of improvements made to real property which is used 20 in the operation of the eligible business. “New investment” 21 also means the annual base rent paid to a third-party developer 22 by an eligible business for a period not to exceed ten years, 23 provided the cumulative cost of the base rent payments for that 24 period does not exceed the cost of the land and the third-party 25 developer’s costs to build or renovate the building for the 26 eligible business. 27 1. 2. An eligible business may claim an insurance premium 28 tax credit equal to a percentage of the new investment directly 29 related to new jobs created by the project. The tax credit 30 shall be amortized equally over a five-year period. The tax 31 credit shall be allowed against taxes imposed in chapter 432 . 32 A tax credit in excess of the tax liability for the tax year may 33 be credited to the tax liability for the following seven years 34 or until depleted, whichever occurs first. The percentage 35 -4- HF 2348 (3) 87 lh/rj/md 4/ 81

H.F. 2348 shall be determined as provided in section 15.335A . 1 2. 3. For purposes of this section , “new investment” means 2 the cost of machinery and equipment, as defined in section 3 427A.1, subsection 1 , paragraphs “e” and “j” , purchased for use 4 in the operation of the eligible business, the purchase price 5 of which has been depreciated in accordance with generally 6 accepted accounting principles, the purchase price of real 7 property and any buildings and structures located on the real 8 property, and the cost of improvements made to real property 9 which is used in the operation of the eligible business. 10 “New investment” also means the annual base rent paid to a 11 third-party developer by an eligible business for a period not 12 to exceed ten years, provided the cumulative cost of the base 13 rent payments for that period does not exceed the cost of the 14 land and the third-party developer’s costs to build or renovate 15 the building for the eligible business. The eligible business 16 shall enter into a lease agreement with the third-party 17 developer for a minimum of five years. If, however, within 18 five years of purchase, the eligible business sells, disposes 19 of, razes, or otherwise renders unusable all or a part of the 20 land, buildings, or other existing structures for which tax 21 credit was claimed under this section , the tax liability of 22 the eligible business for the year in which all or part of the 23 property is sold, disposed of, razed, or otherwise rendered 24 unusable shall be increased by one of the following amounts: 25 a. One hundred percent of the tax credit claimed under 26 this section if the property ceases to be eligible for the tax 27 credit within one full year after being placed in service. 28 b. Eighty percent of the tax credit claimed under this 29 section if the property ceases to be eligible for the tax 30 credit within two full years after being placed in service. 31 c. Sixty percent of the tax credit claimed under this 32 section if the property ceases to be eligible for the tax 33 credit within three full years after being placed in service. 34 d. Forty percent of the tax credit claimed under this 35 -5- HF 2348 (3) 87 lh/rj/md 5/ 81

H.F. 2348 section if the property ceases to be eligible for the tax 1 credit within four full years after being placed in service. 2 e. Twenty percent of the tax credit claimed under this 3 section if the property ceases to be eligible for the tax 4 credit within five full years after being placed in service. 5 Sec. 5. Section 15A.4, Code 2018, is amended to read as 6 follows: 7 15A.4 Competitive programs —— good neighbor agreement —— 8 additional consideration. 9 1. A good neighbor agreement is an enforceable contract 10 between a business and a community group or coalition of 11 community groups which requires the business to adhere to 12 negotiated environmental, economic, labor, or other social and 13 community standards. 14 2. For any program providing financial assistance for 15 economic development in which the assistance is provided on a 16 competitive basis, a business which enters into a good neighbor 17 agreement shall receive extra consideration of at least ten 18 points or the equivalent. A good neighbor agreement is an 19 enforceable contract between the business and a community group 20 or coalition of community groups which requires the business to 21 adhere to negotiated environmental, economic, labor, or other 22 social and community standards. A business which fails to 23 abide by the good neighbor agreement shall repay all financial 24 assistance received under the program. 25 A business which fails to abide by the good neighbor 26 agreement shall repay all financial assistance received under 27 the program. 28 Sec. 6. Section 17A.2, subsection 11, paragraph f, Code 29 2018, is amended to read as follows: 30 f. Those portions of staff manuals, instructions, or other 31 statements issued by an agency which set forth criteria or 32 guidelines to be used by its staff in auditing, in making 33 inspections, in settling commercial disputes or negotiating 34 commercial arrangements, or in the selection or handling of 35 -6- HF 2348 (3) 87 lh/rj/md 6/ 81

H.F. 2348 cases, such as operational tactics or allowable tolerances or 1 criteria for the defense, prosecution, or settlement of cases, 2 when the disclosure of such statements would do any of the 3 following : 4 (1) enable Enable law violators to avoid detection ; or . 5 (2) facilitate Facilitate disregard of requirements imposed 6 by law ; or . 7 (3) give Give a clearly improper advantage to persons who 8 are in an adverse position to the state. 9 Sec. 7. Section 17A.5, subsection 2, paragraph b, 10 subparagraph (1), Code 2018, is amended to read as follows: 11 (1) Subject to applicable constitutional or statutory 12 provisions, a rule becomes effective immediately upon filing 13 with the administrative rules coordinator, or at a subsequent 14 stated date prior to indexing and publication, or at a stated 15 date less than thirty-five days after filing, indexing, and 16 publication, if the agency finds any of the following : 17 (a) That a statute so provides ; . 18 (b) That the rule confers a benefit or removes a restriction 19 on the public or some segment thereof ; or . 20 (c) That this effective date is necessary because of 21 imminent peril to the public health, safety, or welfare. 22 Sec. 8. Section 22.9, Code 2018, is amended to read as 23 follows: 24 22.9 Denial of federal funds —— rules. 25 1. If it is determined that any provision of this chapter 26 would cause the denial of funds, services or essential 27 information from the United States government which would 28 otherwise definitely be available to an agency of this state, 29 such provision shall be suspended as to such agency, but only 30 to the extent necessary to prevent denial of such funds, 31 services, or essential information. 32 2. An agency within the meaning of section 17A.2, subsection 33 1 , shall adopt as a rule, in each situation where this section 34 is believed applicable, its the agency’s determination 35 -7- HF 2348 (3) 87 lh/rj/md 7/ 81

H.F. 2348 identifying those particular provisions of this chapter that 1 must be waived in the circumstances to prevent the denial of 2 federal funds, services, or information. 3 Sec. 9. Section 26.2, subsection 3, Code 2018, is amended 4 to read as follows: 5 3. “Public improvement” means a building or construction 6 work which is constructed under the control of a governmental 7 entity and is paid for in whole or in part with funds of the 8 governmental entity, including a building or improvement 9 constructed or operated jointly with any other public or 10 private agency, but excluding urban all of the following: 11 a. Urban renewal demolition and low-rent housing projects , 12 industrial . 13 b. Industrial aid projects authorized under chapter 419 , 14 emergency . 15 c. Emergency work or repair or maintenance work performed by 16 employees of a governmental entity , and excluding a . 17 d. A highway, bridge, or culvert project , and excluding 18 construction . 19 e. Construction or repair or maintenance work performed for 20 a city utility under chapter 388 by its employees or performed 21 for a rural water district under chapter 357A by its employees. 22 Sec. 10. Section 43.2, Code 2018, is amended to read as 23 follows: 24 43.2 Definitions. 25 1. As used in this chapter , unless the context otherwise 26 requires: 27 1. a. “Book” , “list” , “record” , or “schedule” kept by a 28 county auditor, assessor, treasurer, recorder, sheriff, or 29 other county officer means the county system as defined in 30 section 445.1 . 31 2. a. b. “Political party” shall mean a party which, at 32 the last preceding general election, cast for its candidate for 33 president of the United States or for governor, as the case 34 may be, at least two percent of the total vote cast for all 35 -8- HF 2348 (3) 87 lh/rj/md 8/ 81

H.F. 2348 candidates for that office at that election. It shall be the 1 responsibility of the state commissioner to determine whether 2 any organization claiming to be a political party qualifies as 3 such under the foregoing definition. 4 b. 2. A political organization which is not a “political 5 party” within the meaning of this subsection 1, paragraph “b” , 6 may nominate candidates and have the names of such candidates 7 placed upon the official ballot by proceeding under chapters 8 44 and 45 . 9 Sec. 11. Section 43.115, subsection 2, Code 2018, is amended 10 to read as follows: 11 2. A Notwithstanding any statute to the contrary, a 12 candidate for precinct committee member may also file as 13 a candidate for one additional office , any statute to the 14 contrary notwithstanding . 15 Sec. 12. Section 49.5, Code 2018, is amended to read as 16 follows: 17 49.5 City precincts. 18 1. As used in this section: 19 a. “The convenience of the voters” refers to but is not 20 necessarily limited to the use of precinct boundaries which can 21 be readily described to and identified by voters and for which 22 there is ease of access by voters to their respective precinct 23 polling places by reasonably direct routes of travel. 24 b. “Promoting electoral efficiency” means reducing the cost 25 of staffing election precincts by requiring cities to avoid 26 creating more precincts than is reasonably necessary to provide 27 voters access to voting. 28 2. The council of a city where establishment of more 29 than one precinct is necessary or deemed advisable shall, at 30 the time required by law, divide the city into the number 31 of election precincts as will best serve the convenience of 32 the voters while promoting electoral efficiency. As used in 33 this section , the term “the convenience of the voters” refers 34 to, but is not necessarily limited to, the use of precinct 35 -9- HF 2348 (3) 87 lh/rj/md 9/ 81

H.F. 2348 boundaries which can be readily described to and identified 1 by voters and for which there is ease of access by voters to 2 their respective precinct polling places by reasonably direct 3 routes of travel. As used in this section , the term “promoting 4 electoral efficiency” means reducing the cost of staffing 5 election precincts by requiring cities to avoid creating more 6 precincts than is reasonably necessary to provide voters access 7 to voting. 8 3. The precinct boundaries shall conform to section 49.3 9 and shall be described in an ordinance adopted by the council 10 within the time required by section 49.7 . Before final 11 adoption of any change in election precinct boundaries pursuant 12 to this section or section 49.6 , the council shall permit the 13 commissioner not less than seven and not more than ten days’ 14 time to offer written comments to the council on the proposed 15 reprecincting. If the commissioner recommends changes in the 16 proposed reprecincting which the commissioner concludes could 17 better serve the convenience of the voters or could promote 18 electoral efficiency, including lowering election costs, the 19 council shall, if no changes to the reprecincting are made, 20 include reasons in the ordinance for not adopting the proposed 21 changes of the commissioner. A public hearing shall be held 22 before final adoption of the ordinance. Notice of the date, 23 time, and place of the hearing shall be given as provided in 24 chapter 21 . 25 Sec. 13. Section 53.26, Code 2018, is amended to read as 26 follows: 27 53.26 Rejected ballots —— how handled. 28 Every ballot not counted shall be endorsed on the back 29 thereof “Rejected because (giving reason therefor)”. All 30 rejected ballots shall be enclosed and securely sealed in an 31 envelope on which the precinct election officials shall endorse 32 “Defective ballots”, with a statement of the precinct in which 33 and the date of the election at which they were cast, and be 34 signed by the precinct election officials and returned to the 35 -10- HF 2348 (3) 87 lh/rj/md 10/ 81

H.F. 2348 same officer and in the same manner as by law provided for 1 the return and preservation of official ballots voted at such 2 election. 3 Sec. 14. Section 59.1, subsection 1, Code 2018, is amended 4 to read as follows: 5 1. The contestant for a seat in either branch of the general 6 assembly shall, prior to twenty days before the first day of 7 the next session, serve on the incumbent in the manner provided 8 by the rules of civil procedure for service of an original 9 notice a statement of notice of contest which shall allege a 10 fact or facts , believed true by the contestant which, if true, 11 would alter the outcome of the election. 12 Sec. 15. Section 59.3, Code 2018, is amended to read as 13 follows: 14 59.3 Depositions. 15 Depositions may be taken in such cases in the same manner 16 and under the same rules as in an action at law in the district 17 court, but no cause for taking the same depositions need be 18 shown. 19 Sec. 16. Section 62.11, Code 2018, is amended to read as 20 follows: 21 62.11 Subpoenas. 22 Subpoenas for witnesses may be issued at any time after 23 the notice of trial is served, either by the county treasurer 24 or by the county auditor, and shall command the witnesses to 25 appear “appear at ..... , on .... , to testify in relation to 26 a contested election, wherein ........ (Insert contestant’s 27 name) is contestant and ........ (Insert incumbent’s name) is 28 incumbent incumbent” . 29 Sec. 17. Section 63A.2, subsection 1, Code 2018, is amended 30 to read as follows: 31 1. Governor, secretary of state, secretary of agriculture, 32 auditor of state, treasurer of state, and attorney general. 33 Sec. 18. Section 68B.39, Code 2018, is amended to read as 34 follows: 35 -11- HF 2348 (3) 87 lh/rj/md 11/ 81

H.F. 2348 68B.39 Supreme court rules. 1 1. The supreme court of this state shall prescribe rules 2 establishing a code of ethics for officials and employees of 3 the judicial branch of this state, and the immediate family 4 members of the officials and employees. Rules prescribed under 5 this paragraph subsection shall include provisions relating to 6 the receipt or acceptance of gifts and honoraria, interests in 7 public contracts, services against the state, and financial 8 disclosure which are substantially similar to the requirements 9 of this chapter . 10 2. The supreme court of this state shall also prescribe 11 rules which relate to activities by officials and employees of 12 the judicial branch which constitute conflicts of interest. 13 Sec. 19. Section 69.16, Code 2018, is amended to read as 14 follows: 15 69.16 Appointive boards —— political affiliation. 16 1. All appointive boards, commissions, and councils of the 17 state established by the Code if not otherwise provided by law 18 shall be bipartisan in their composition. No person shall be 19 appointed or reappointed to any board, commission, or council 20 established by the Code if the effect of that appointment or 21 reappointment would cause the number of members of the board, 22 commission, or council belonging to one political party to be 23 greater than one-half the membership of the board, commission, 24 or council plus one. 25 2. In the case where the appointment of members of the 26 general assembly is allowed, and the law does not otherwise 27 provide, if an even number of legislators are appointed they 28 shall be equally divided by political party affiliation; if an 29 odd number of members of the general assembly are appointed, 30 the number representing a certain political party shall not 31 exceed by more than one the legislative members of the other 32 political party who may be appointed. 33 3. If there are multiple appointing authorities for a board, 34 commission or council, the appointing authorities shall consult 35 -12- HF 2348 (3) 87 lh/rj/md 12/ 81

H.F. 2348 to avoid a violation of this section . 1 4. This section shall not apply to any board, commission, or 2 council established by the Code for which other restrictions 3 regarding the political affiliations of members are provided 4 by law. 5 Sec. 20. Section 70A.20, Code 2018, is amended to read as 6 follows: 7 70A.20 Employees disability program. 8 1. As used in this section, unless the context otherwise 9 requires: 10 a. “Adult” means a person who is eighteen years of age or 11 older. 12 b. “Primary and family social security” shall not include 13 social security benefits awarded to an adult child with a 14 disability of the state employee with a disability who does 15 not reside with the state employee with a disability if the 16 social security benefits were awarded to the adult child with 17 a disability prior to the approval of the state employee’s 18 benefits under this section, regardless of whether the United 19 States social security administration records the benefits 20 to the social security number of the adult child with a 21 disability, the state employee with a disability, or any other 22 family member, and such social security benefits shall not 23 reduce the benefits payable pursuant to this section. 24 2. A state employees disability insurance program is 25 created, which shall be administered by the director of the 26 department of administrative services and which shall provide 27 disability benefits in an amount and for the employees as 28 provided in this section . The monthly disability benefits 29 shall, at a minimum, provide twenty percent of monthly 30 earnings if employed less than one year, forty percent of 31 monthly earnings if employed one year or more but less than 32 two years, and sixty percent of monthly earnings thereafter, 33 reduced by primary and family social security determined 34 at the time social security disability payments commence, 35 -13- HF 2348 (3) 87 lh/rj/md 13/ 81

H.F. 2348 railroad retirement disability income, workers’ compensation 1 if applicable, and any other state-sponsored sickness or 2 disability benefits payable. However, the amount of benefits 3 payable under the Iowa public employees’ retirement system 4 pursuant to chapter 97B shall not reduce the benefits payable 5 pursuant to this section . Subsequent social security or 6 railroad retirement increases shall not be used to further 7 reduce the insurance benefits payable. As used in this 8 section , “primary and family social security” shall not include 9 social security benefits awarded to an adult child with a 10 disability of the state employee with a disability who does 11 not reside with the state employee with a disability if the 12 social security benefits were awarded to the adult child with 13 a disability prior to the approval of the state employee’s 14 benefits under this section , regardless of whether the United 15 States social security administration records the benefits 16 to the social security number of the adult child with a 17 disability, the state employee with a disability, or any other 18 family member, and such social security benefits shall not 19 reduce the benefits payable pursuant to this section . As 20 used in this section , unless the context otherwise requires, 21 “adult” means a person who is eighteen years of age or older. 22 State employees shall receive credit for the time they were 23 continuously employed prior to and on July 1, 1974. 24 3. The following provisions apply to the employees 25 disability insurance program: 26 1. a. Waiting period of no more than ninety working days of 27 continuous sickness or accident disability or the expiration of 28 accrued sick leave, whichever is greater. 29 2. b. Maximum period benefits paid for both accident or 30 sickness disability: 31 a. (1) If the disability occurs prior to the time the 32 employee attains the age of sixty-one years, the maximum 33 benefit period shall end sixty months after continuous benefit 34 payments begin or on the date on which the employee attains the 35 -14- HF 2348 (3) 87 lh/rj/md 14/ 81

H.F. 2348 age of sixty-five years, whichever is later. 1 b. (2) If the disability occurs on or after the time the 2 employee attains the age of sixty-one years but prior to the 3 age of sixty-nine years, the maximum benefit period shall end 4 sixty months after continuous benefit payments begin or on the 5 date on which the employee attains the age of seventy years, 6 whichever is earlier. 7 c. (3) If the disability occurs on or after the time the 8 employee attains the age of sixty-nine years, the maximum 9 benefit period shall end twelve months after continuous benefit 10 payments begin. 11 3. a. c. (1) Minimum and maximum benefits of not less 12 than fifty dollars per month and not exceeding three thousand 13 dollars per month. 14 b. (2) In no event shall benefits exceed one hundred 15 percent of the claimant’s predisability covered monthly 16 compensation. 17 4. d. All probationary and permanent full-time state 18 employees shall be covered under the employees disability 19 insurance program, except board members and members of 20 commissions who are not full-time state employees, and state 21 employees who on July 1, 1974, are under another disability 22 program financed in whole or in part by the state, and 23 state employees who have agreed to participation in another 24 disability program through a collective bargaining agreement. 25 For purposes of this section , members of the general assembly 26 serving on or after January 1, 1989, are eligible for the plan 27 during their tenure in office, on the basis of enrollment 28 rules established for full-time state employees excluded from 29 collective bargaining as provided in chapter 20 . 30 Sec. 21. Section 80.18, Code 2018, is amended to read as 31 follows: 32 80.18 Expenses and supplies —— reimbursement. 33 1. The commissioner shall provide peace officers of the 34 department when on duty, with suitable uniforms, subsistence, 35 -15- HF 2348 (3) 87 lh/rj/md 15/ 81

H.F. 2348 arms, equipment, quarters, and other necessary supplies, and 1 also the expense and means of travel and boarding, according 2 to rules adopted by the commissioner, and as may be provided 3 by appropriation. 4 2. The department may expend moneys from the support 5 allocation of the department as reimbursement for replacement 6 or repair of personal items of the department’s peace officers 7 or employees damaged or destroyed during a peace officer’s or 8 employee’s course of employment. However, the reimbursement 9 shall not exceed the greater of one hundred fifty dollars or 10 the amount agreed to under the collective bargaining agreement 11 for each item. The department shall adopt rules in accordance 12 with chapter 17A to administer this paragraph subsection . 13 Sec. 22. Section 80A.13, subsection 1, Code 2018, is amended 14 to read as follows: 15 1. File with the sheriff of the county in which the campus 16 is located evidence that the individual has successfully 17 completed an approved firearm safety training under section 18 724.9 . This requirement does not apply to armored car 19 personnel. 20 Sec. 23. Section 84A.4, subsection 1, Code 2018, is amended 21 to read as follows: 22 1. A local workforce development board shall be established 23 in each service delivery area as defined in section 84B.3 . 24 The voting members of each board shall be appointed by the 25 governor, consistent with the requirements of federal law 26 and in consultation with chief elected officials within the 27 local workforce development area. Chief elected officials 28 responsible for recommendations for each board’s voting 29 membership shall include but are not limited to county 30 elected officials, municipal elected officials, and community 31 college directors. The voting membership of each board shall 32 provide for equal representation of business and labor and 33 shall include a county elected official, a city official, a 34 representative of a school district, and a representative of 35 -16- HF 2348 (3) 87 lh/rj/md 16/ 81

H.F. 2348 a community college. A local workforce development board may 1 appoint ex officio, nonvoting members. 2 Sec. 24. Section 84A.7, subsections 2 and 3, Code 2018, are 3 amended to read as follows: 4 2. Iowa conservation corps established. The Iowa 5 conservation corps is established in this state to provide 6 meaningful and productive public service jobs for youth, 7 unemployed persons, persons with disabilities, disadvantaged 8 persons, and elderly persons, and to provide participants 9 with an opportunity to explore careers, gain work experience, 10 and contribute to the general welfare of their communities 11 and the state. The corps shall provide opportunities in the 12 areas of natural resource and wildlife conservation, park 13 maintenance and restoration, land management, energy savings, 14 community improvement projects, tourism, economic development, 15 and work benefiting human services programs. The department 16 of workforce development shall administer the corps and shall 17 adopt rules pursuant to chapter 17A governing its operation, 18 eligibility for participation, cash contributions, and 19 implementation of an incentive program. 20 3. Funding. Corps projects shall be funded by 21 appropriations to the Iowa conservation corps account and 22 by cash, services, and material contributions made by other 23 state agencies or local public and private agencies. Public 24 and private entities who benefit from a corps project shall 25 contribute at least thirty-five percent of the total project 26 budget. The contributions may be in the form of cash, 27 materials, or services. Materials and services shall be 28 intended for the project and acceptable to the department of 29 workforce development. Minimum levels of contributions shall 30 be prescribed in rules adopted by the department of workforce 31 development pursuant to chapter 17A . 32 Sec. 25. Section 84A.8, Code 2018, is amended to read as 33 follows: 34 84A.8 Workforce investment program. 35 -17- HF 2348 (3) 87 lh/rj/md 17/ 81

H.F. 2348 A workforce investment program is established to enable 1 more Iowans to enter or reenter the workforce. The workforce 2 investment program shall provide training and support services 3 to population groups that have historically faced barriers to 4 employment. The department of workforce development shall 5 administer the workforce investment program and shall adopt 6 rules pursuant to chapter 17A governing its operation and 7 eligibility guidelines for participation. 8 Sec. 26. Section 85.22, unnumbered paragraph 1, Code 2018, 9 is amended to read as follows: 10 When an employee receives an injury or incurs an 11 occupational disease or an occupational hearing loss for 12 which compensation is payable under this chapter , chapter 13 85A , or chapter 85B , and which injury or occupational disease 14 or occupational hearing loss is caused under circumstances 15 creating a legal liability against some person, other than 16 the employee’s employer or any employee of such employer as 17 provided in section 85.20 to pay damages, the employee, or 18 the employee’s dependent, or the trustee of such dependent, 19 may take proceedings against the employer for compensation, 20 and the employee or, in case of death, the employee’s legal 21 representative may also maintain an action against such third 22 party for damages. When an injured employee or the employee’s 23 legal representative brings an action against such third party, 24 a copy of the original notice shall be served upon the employer 25 by the plaintiff, not less than ten days before the trial of 26 the case, but a failure to give such notice shall not prejudice 27 the rights of the employer, and the following rights and duties 28 shall ensue: 29 Sec. 27. Section 85.27, subsections 1 and 5, Code 2018, are 30 amended to read as follows: 31 1. The employer, for all injuries compensable under this 32 chapter or chapter 85A , shall furnish reasonable surgical, 33 medical, dental, osteopathic, chiropractic, podiatric, physical 34 rehabilitation, nursing, ambulance , and hospital services 35 -18- HF 2348 (3) 87 lh/rj/md 18/ 81

H.F. 2348 and supplies therefor and shall allow reasonably necessary 1 transportation expenses incurred for such services. The 2 employer shall also furnish reasonable and necessary crutches, 3 artificial members and appliances but shall not be required to 4 furnish more than one set of permanent prosthetic devices. 5 5. When an artificial member or orthopedic appliance, 6 whether or not previously furnished by the employer, is damaged 7 or made unusable by circumstances arising out of and in the 8 course of employment other than through ordinary wear and tear, 9 the employer shall repair or replace it. When any crutch, 10 artificial member or appliance, whether or not previously 11 furnished by the employer, either is damaged or made unusable 12 in conjunction with a personal injury entitling the employee to 13 disability benefits , or services as provided by this section , 14 or is damaged in connection with employee actions taken which 15 avoid such personal injury, the employer shall repair or 16 replace it. 17 Sec. 28. Section 85.33, subsection 3, paragraph a, Code 18 2018, is amended to read as follows: 19 a. If an employee is temporarily, partially disabled and 20 the employer for whom the employee was working at the time of 21 injury offers to the employee suitable work consistent with the 22 employee’s disability the employee shall accept the suitable 23 work, and be compensated with temporary partial benefits. If 24 the employer offers the employee suitable work and the employee 25 refuses to accept the suitable work offered by the employer, 26 the employee shall not be compensated with temporary partial, 27 temporary total, or healing period benefits during the period 28 of the refusal. Work offered at the employer’s principal 29 place of business or established place of operation where the 30 employee has previously worked is presumed to be geographically 31 suitable for an employee whose duties involve travel away from 32 the employer’s principal place of business or established place 33 of operation more than fifty percent of the time. If suitable 34 work is not offered by the employer for whom the employee was 35 -19- HF 2348 (3) 87 lh/rj/md 19/ 81

H.F. 2348 working at the time of the injury and the employee who is 1 temporarily , partially disabled elects to perform work with 2 a different employer, the employee shall be compensated with 3 temporary partial benefits. 4 Sec. 29. Section 85.43, subsections 1 and 3, Code 2018, are 5 amended to read as follows: 6 1. If the deceased employee leaves a surviving spouse 7 qualified under the provisions of section 85.42 , the full 8 compensation shall be paid to the surviving spouse, as provided 9 in section 85.31 ; provided that where a deceased employee leave 10 leaves a surviving spouse and a dependent child or children the 11 workers’ compensation commissioner may make an order of record 12 for an equitable apportionment of the compensation payments. 13 3. If the deceased leaves a dependent child or children who 14 was or were such at the time of the injury, and the surviving 15 spouse remarries, then and in such case, the payments shall be 16 paid to the proper compensation trustee for the use and benefit 17 of such dependent child or children for the period provided in 18 section 85.31 . 19 Sec. 30. Section 85.49, Code 2018, is amended to read as 20 follows: 21 85.49 Trustees for minors and dependents. 22 1. When a minor or a dependent who is mentally incompetent 23 is entitled to weekly benefits under this chapter , or chapter 24 85A or 85B , payment shall be made to the parent, guardian, or 25 conservator, who shall act as trustee, and the money coming 26 into the trustee’s hands shall be expended for the use and 27 benefit of the person entitled to it under the direction and 28 orders of a district judge. The trustee shall qualify and give 29 bond in an amount as the district judge directs, which may be 30 increased or diminished from time to time. 31 2. If the domicile or residence of the minor or dependent 32 who is mentally incompetent is outside the state of Iowa, the 33 workers’ compensation commissioner may order and direct that 34 benefits to the minors minor or dependents dependent be paid to 35 -20- HF 2348 (3) 87 lh/rj/md 20/ 81

H.F. 2348 a guardian, conservator, or legal representative duly qualified 1 under the laws of the jurisdiction wherein the minors minor or 2 dependents dependent shall be domiciled or reside. Proof of 3 the identity and qualification of the guardian, conservator, or 4 other legal representative shall be furnished to the workers’ 5 compensation commissioner. 6 Sec. 31. Section 85.61, subsection 3, Code 2018, is amended 7 to read as follows: 8 3. “Gross earnings” means recurring payments by the 9 employer to the employee for employment, before any authorized 10 or lawfully required deduction or withholding of funds by 11 the employer, excluding irregular bonuses, retroactive pay, 12 overtime, penalty pay, reimbursement of expenses, expense 13 allowances, and the employer’s contribution for welfare 14 benefits. 15 Sec. 32. Section 85.70, subsection 2, paragraphs c, d, and 16 f, Code 2018, are amended to read as follows: 17 c. The employee shall be entitled to financial support from 18 the employer or the employer’s insurer for participation in 19 the new career vocational and education training and education 20 program in a total amount not to exceed fifteen thousand 21 dollars to be used for the payment of tuition and fees and 22 the purchase of required supplies. The community college in 23 which an employee is enrolled pursuant to the program shall 24 bill the employer or the employer’s insurer for the employee’s 25 tuition and fees each semester, or the equivalent, that the 26 employee is enrolled in the program. The employer or the 27 employer’s insurer shall also pay for the purchase of supplies 28 required by the employee to participate in the program, upon 29 receipt of documentation from the employee detailing the cost 30 of the supplies and the necessity for purchasing the supplies. 31 Such documentation may include written course requirements or 32 other documentation from the community college or the course 33 instructor regarding the necessity for the purchase of certain 34 supplies. 35 -21- HF 2348 (3) 87 lh/rj/md 21/ 81

H.F. 2348 d. The employer or the employer’s insurer may request a 1 periodic status report each semester from the community college 2 documenting the employee’s attendance and participation in and 3 completion of the education and career vocational training 4 and education program. If an employee does not meet the 5 attendance requirements of the community college at which the 6 employee is enrolled or does not maintain a passing grade in 7 each course in which the employee is enrolled each semester, 8 or the equivalent, the employee’s eligibility for continued 9 participation in the program is terminated. 10 f. Beginning on or before December 1, 2018, the department 11 of workforce development, in cooperation with the department 12 of education, the insurance division of the department of 13 commerce, and all community colleges that are participating 14 in the new career and vocational training and education 15 program, shall prepare an annual report for submission to the 16 general assembly that provides information about the status 17 of the program including but not limited to the utilization 18 of and participants in the program, program completion rates, 19 employment rates after completion of the program and the types 20 of employment obtained by the program participants, and the 21 effects of the program on workers’ compensation premium rates. 22 Sec. 33. Section 88.7, subsection 1, paragraph b, Code 2018, 23 is amended to read as follows: 24 b. If, upon inspection or investigation, the commissioner or 25 the commissioner’s authorized representative believes that an 26 employee, under the employee’s own volition, has violated the 27 requirements of section 88.4 , of any standard, rule or rules 28 promulgated pursuant to section 88.5 , or of any regulations 29 prescribed pursuant to this chapter , the commissioner shall 30 with reasonable promptness issue a citation to the employee. 31 Each citation shall be in writing and shall describe with 32 particularity the nature of the violation, including a 33 reference to the provision of the chapter, standard, rules, 34 regulations or order alleged to have been violated. The 35 -22- HF 2348 (3) 87 lh/rj/md 22/ 81

H.F. 2348 commissioner shall prescribe procedures for the issuance of 1 a notice in lieu of a citation with respect to de minimis 2 violations which have no direct or immediate relationship to 3 safety and health. 4 Sec. 34. Section 88A.3, subsection 1, Code 2018, is amended 5 to read as follows: 6 1. The commissioner shall adopt rules pursuant to chapter 7 17A for the safe installation, repair, maintenance, use, 8 operation, and inspection of amusement devices, amusement 9 rides, concession booths, and related electrical equipment at 10 carnivals and fairs to the extent necessary for the protection 11 of the public. The rules shall be based on generally accepted 12 engineering standards and shall be concerned with, but not 13 necessarily limited to, engineering force stresses, safety 14 devices, and preventive maintenance. If standards are 15 available in suitable form, the standards may be incorporated 16 by reference. The rules shall provide for the reporting of 17 accidents and injuries incurred from the operation of amusement 18 devices or rides, concession booths, or related electrical 19 equipment. 20 Sec. 35. Section 92.4, subsection 1, Code 2018, is amended 21 to read as follows: 22 1. Those persons legally out of school, and if such status 23 is verified by the submission of written proof to the labor 24 commissioner. 25 Sec. 36. Section 92.21, Code 2018, is amended to read as 26 follows: 27 92.21 Rules and orders of labor commissioner. 28 1. The labor commissioner may adopt rules pursuant to 29 chapter 17A to more specifically define the occupations and 30 equipment permitted or prohibited in this chapter , to determine 31 occupations for which work permits are required, and to 32 issue general and special orders prohibiting or allowing the 33 employment of persons under eighteen years of age in any place 34 of employment defined in this chapter as hazardous to the 35 -23- HF 2348 (3) 87 lh/rj/md 23/ 81

H.F. 2348 health, safety, and welfare of the persons. 1 2. The labor commissioner shall adopt rules pursuant to 2 chapter 17A specifically defining the civil penalty amount to 3 be assessed for violations of this chapter . 4 Sec. 37. Section 100.19, subsection 4, paragraph d, Code 5 2018, is amended by striking the paragraph. 6 Sec. 38. Section 100.19, Code 2018, is amended by adding the 7 following new subsection: 8 NEW SUBSECTION . 4A. A retailer or community group shall not 9 transfer consumer fireworks, as described in APA 87-1, chapter 10 3, to a person who is under eighteen years of age. 11 Sec. 39. Section 123.38, subsection 2, Code 2018, is amended 12 to read as follows: 13 2. a. Any licensee or permittee, or the licensee’s or 14 permittee’s executor or administrator, or any person duly 15 appointed by the court to take charge of and administer the 16 property or assets of the licensee or permittee for the benefit 17 of the licensee’s or permittee’s creditors, may voluntarily 18 surrender a license or permit to the division. When a license 19 or permit is surrendered the division shall notify the local 20 authority, and the division or the local authority shall 21 refund to the person surrendering the license or permit, a 22 proportionate amount of the fee received by the division or the 23 local authority for the license or permit as follows: if 24 (1) If a license or permit is surrendered during the first 25 three months of the period for which it was issued, the refund 26 shall be three-fourths of the amount of the fee ; if . 27 (2) If surrendered more than three months but not more than 28 six months after issuance, the refund shall be one-half of the 29 amount of the fee ; if . 30 (3) If surrendered more than six months but not more than 31 nine months after issuance, the refund shall be one-fourth of 32 the amount of the fee. 33 (4) No refund shall be made , however, for any special 34 permit, liquor control license, wine permit, or beer permit 35 -24- HF 2348 (3) 87 lh/rj/md 24/ 81

H.F. 2348 surrendered more than nine months after issuance. 1 b. For purposes of this subsection , any portion of license 2 or permit fees used for the purposes authorized in section 3 331.424, subsection 1 , paragraph “a” , subparagraphs (1) and 4 (2), and in section 331.424A , shall not be deemed received 5 either by the division or by a local authority. 6 c. No refund shall be made to any licensee or permittee 7 upon the surrender of the license or permit if there is at the 8 time of surrender a complaint filed with the division or local 9 authority charging the licensee or permittee with a violation 10 of this chapter . 11 d. If upon a hearing on a complaint the license or permit 12 is not revoked or suspended, then the licensee or permittee is 13 eligible, upon surrender of the license or permit, to receive a 14 refund as provided in this section . However, if the license or 15 permit is revoked or suspended upon hearing, the licensee or 16 permittee is not eligible for the refund of any portion of the 17 license or permit fee. 18 Sec. 40. Section 124.206, subsection 2, paragraph d, 19 unnumbered paragraph 1, Code 2018, is amended to read as 20 follows: 21 Coca leaves and any salt, compound, derivative, or 22 preparation of coca leaves , including cocaine and ecgonine and 23 their salts, isomers, derivatives and salts of isomers and 24 derivatives, and any salt, compound, derivative, or preparation 25 thereof that is chemically equivalent or identical to any of 26 such substances, except that the substances shall not include: 27 Sec. 41. Section 124.510, Code 2018, is amended to read as 28 follows: 29 124.510 Reports of arrests and analyses to department. 30 Any peace officer who arrests for any crime, any known 31 unlawful user of the drugs described in schedule I, II, III, 32 or IV, or who arrests any person for a violation of this 33 chapter , or charges any person with a violation of this chapter 34 subsequent to the person’s arrest, shall within five days after 35 -25- HF 2348 (3) 87 lh/rj/md 25/ 81

H.F. 2348 the arrest or the filing of the charge, whichever is later, 1 report the arrest and the charge filed to the department. The 2 peace officer or any other peace officer or law enforcement 3 agency which makes or obtains any quantitative or qualitative 4 analysis of any substance seized in connection with the arrest 5 of the person charged, shall report to the department the 6 results of the analysis at the time the arrest is reported 7 or at such later time as the results of the analysis become 8 available. This information is for the exclusive use of the 9 division of narcotics enforcement in the department of public 10 safety, and shall not be a matter of public record. 11 This information is for the exclusive use of the division of 12 narcotics enforcement in the department of public safety, and 13 shall not be a matter of public record. 14 Sec. 42. Section 126.14, subsection 1, Code 2018, is amended 15 to read as follows: 16 1. a. It bears or contains a poisonous or deleterious 17 substance which may render it injurious to users under the 18 conditions of use prescribed in its labeling or under customary 19 or usual conditions of use. However, this does not apply to 20 coal-tar hair dye if the label of the dye bears the following 21 legend conspicuously displayed and the label bears adequate 22 directions for the preliminary testing : 23 “Caution Caution —— This product contains ingredients 24 which may cause skin irritation on certain individuals and a 25 preliminary test according to accompanying directions should 26 first be made. This product must not be used for dyeing the 27 eyelashes or eyebrows; to do so may cause blindness”; and the 28 label bears adequate directions for the preliminary testing 29 blindness . 30 b. For the purposes of this subsection and subsection 5 , 31 “hair dye” does not include eyelash dyes or eyebrow dyes. 32 Sec. 43. Section 135B.21, Code 2018, is amended to read as 33 follows: 34 135B.21 Functions of hospital. 35 -26- HF 2348 (3) 87 lh/rj/md 26/ 81

H.F. 2348 The ownership , and maintenance , and operation of the 1 laboratory and X-ray facilities and the operation of same under 2 this subchapter are proper functions of a hospital. 3 Sec. 44. Section 137C.1, Code 2018, is amended to read as 4 follows: 5 137C.1 Title. 6 This chapter shall be known as the Iowa hotel sanitation code 7 “Iowa Hotel Sanitation Code” . 8 Sec. 45. Section 137C.35, Code 2018, is amended to read as 9 follows: 10 137C.35 Bed and breakfast homes and inns. 11 1. This chapter does not apply to bed and breakfast homes as 12 defined in section 137F.1 . However, a bed and breakfast home 13 shall have a smoke detector in proper working order in each 14 sleeping room and a fire extinguisher in proper working order 15 on each floor. A bed and breakfast home which does not receive 16 its drinking water from a public water supply shall have its 17 drinking water tested at least annually by the state hygienic 18 laboratory or the local board of health. A violation of this 19 section is punishable as provided in section 137C.28 . 20 2. A bed and breakfast inn is subject to regulation, 21 licensing, and inspection under this chapter , but separate 22 toilet and lavatory facilities shall not be required for each 23 guest room. Additionally, a bed and breakfast inn is exempt 24 from fire safety rules adopted pursuant to section 100.35 and 25 applicable to hotels, but is subject to fire safety rules which 26 the state fire marshal shall specifically adopt for bed and 27 breakfast inns. 28 3. A violation of this section is punishable as provided in 29 section 137C.28. 30 Sec. 46. Section 147.136A, subsection 1, paragraph a, Code 31 2018, is amended to read as follows: 32 a. “Health care provider” means a hospital as defined in 33 section 135B.1, a health care facility as defined in section 34 135C.1, a health facility as defined in section 135P.1, a 35 -27- HF 2348 (3) 87 lh/rj/md 27/ 81

H.F. 2348 physician or an osteopathic physician licensed under chapter 1 148 , a chiropractor licensed under chapter 151 , a podiatrist 2 licensed under chapter 149 , a physician assistant licensed and 3 practicing under a supervising physician under chapter 148C , a 4 podiatrist licensed under chapter 149, a chiropractor licensed 5 under chapter 151, a licensed practical nurse, a registered 6 nurse, or an advanced registered nurse practitioner licensed 7 under chapter 152 or 152E , a dentist licensed under chapter 8 153 , an optometrist licensed under chapter 154 , a pharmacist 9 licensed under chapter 155A , a hospital as defined in section 10 135B.1 , a health care facility as defined in section 135C.1 , a 11 health facility as defined in section 135P.1 , a professional 12 corporation under chapter 496C that is owned by persons 13 licensed to practice a profession listed in this paragraph, 14 or any other person or entity who is licensed, certified, or 15 otherwise authorized or permitted by the law of this state to 16 administer health care in the ordinary course of business or in 17 the practice of a profession. 18 Sec. 47. Section 148D.2, Code 2018, is amended to read as 19 follows: 20 148D.2 Establishment. 21 1. A statewide medical education system is established 22 for the purpose of training resident physicians in family 23 practice. The dean of the college of medicine is responsible 24 for implementing the development and expansion of residency 25 programs in cooperation with the medical profession, hospitals, 26 and clinics located throughout the state. The head of the 27 department of family practice in the college of medicine 28 shall determine where affiliated residency programs shall be 29 established, giving consideration to communities in the state 30 where the population, hospital facilities, number of physicians 31 and interest in medical education indicate the potential 32 success of the residency programs. The medical education 33 systems shall provide financial support for residents in 34 training in accredited affiliated residency programs and shall 35 -28- HF 2348 (3) 87 lh/rj/md 28/ 81

H.F. 2348 establish positions for a director, assistant director, and 1 other faculty in the programs. 2 2. To assure continued growth, development, and academic 3 essentials in ongoing programs, nonaffiliated residency 4 programs which are accredited by a recognized national 5 accrediting organization, shall be funded under this chapter 6 at a level commensurate with the support of the affiliated 7 residency programs having a comparable number of residents in 8 training or, if there are no affiliated residency programs 9 having a comparable number of residents in training, then a 10 nonaffiliated program shall be funded in an amount determined 11 on a pro rata capitation basis for each resident in training, 12 equivalent to the per capita funding for each resident in 13 training in an affiliated program having the nearest number of 14 residents in training. As used in the preceding sentence this 15 subsection , “support” means both cash grants and the value of 16 service directly provided to affiliated residency programs by 17 the college of medicine. 18 Sec. 48. Section 161A.24, Code 2018, is amended to read as 19 follows: 20 161A.24 Assessment for improvements. 21 1. At the time of appointing said the appraisers, the 22 governing body shall fix the time within which said assessment, 23 classification, and apportionment shall be made, which may 24 be extended for good cause shown. Within twenty days after 25 their appointment, they the appraisers shall begin to inspect 26 and classify all the lands within said the district, or any 27 change, extension, enlargement, or relocation thereof in tracts 28 of forty acres or less according to the legal or recognized 29 subdivisions, in a graduated scale of benefits to be numbered 30 according to the benefit to be received by each of such tracts 31 from such improvement, and pursue said the work continuously 32 until completed and, when . When the work is completed, the 33 appraisers shall make a full, accurate, and detailed report 34 thereof and file the same report with the governing body. The 35 -29- HF 2348 (3) 87 lh/rj/md 29/ 81

H.F. 2348 lands receiving the greatest benefit shall be marked on a scale 1 of one hundred, and those benefited in a less degree with such 2 percentage of one hundred as the benefits received bear in 3 proportion thereto. 4 2. The amount of benefit appraised to each forty acres 5 of land within the subdistrict shall be determined by the 6 improvements within said subdistrict based upon the work plan 7 as agreed upon by the subdistrict. 8 Sec. 49. Section 164.3, Code 2018, is amended to read as 9 follows: 10 164.3 Female animals vaccinated. 11 Native female bovine animals of any breed between the ages 12 of four months and twelve months may be officially vaccinated 13 for brucellosis according to procedures approved by the United 14 States department of agriculture. Native female designated 15 animals other than bovine animals may be vaccinated as provided 16 by rules adopted by the department of agriculture and land 17 stewardship . The expense of the vaccination shall be borne in 18 the same manner as provided in section 164.6 . 19 Sec. 50. Section 179.8, Code 2018, is amended to read as 20 follows: 21 179.8 Payment of expenses —— limitation. 22 1. No part of the expense incurred by the commission 23 shall be paid out of moneys in the state treasury except 24 moneys transferred to the commission from the dairy industry 25 fund. Moneys transferred from the fund to the commission, as 26 provided in section 179.5 , shall be used for the payment of 27 all salaries , and other expenses necessary , to carry out the 28 provisions of this chapter . However, in no event shall the 29 total expenses exceed the total taxes collected and transferred 30 from the fund to the commission. 31 2. No more than five percent of the excise tax collected and 32 received by the commission pursuant to section 179.5 shall be 33 utilized for administrative expenses of the commission. 34 Sec. 51. Section 185.25, Code 2018, is amended to read as 35 -30- HF 2348 (3) 87 lh/rj/md 30/ 81

H.F. 2348 follows: 1 185.25 Special referendum —— producer petition. 2 1. Upon receipt of a petition not less than one hundred 3 fifty nor more than two hundred forty days from a four-year 4 anniversary of the effective date of an initial promotional 5 order signed within that same period by a number of producers 6 equal to or greater than one percent of the number of 7 producers reported in the most recent United States census 8 of agriculture, requesting a referendum to determine whether 9 to extend the promotional order, the secretary shall call a 10 referendum to be conducted not earlier than thirty days before 11 the four-year anniversary date. If the secretary determines 12 that extension of the promotional order is not favored by 13 a majority of the producers voting in the referendum, the 14 promotional order shall be terminated as provided in section 15 185.24 . If the promotional order is terminated, another 16 referendum shall not be held within one hundred eighty days. A 17 succeeding referendum shall be called by the secretary upon the 18 petition of a number of producers equal to or greater than one 19 percent of the number of producers reported in the most recent 20 United States census of agriculture requesting a referendum, 21 who shall guarantee the costs of the referendum. 22 2. If no valid petition is received by the secretary 23 within the time period described above in subsection 1 , or 24 if a petition is received but the referendum to extend the 25 promotional order passes, the promotional order shall continue 26 in effect for four additional years from the anniversary of its 27 effective date. 28 Sec. 52. Section 192.103, subsections 1 and 2, Code 2018, 29 are amended to read as follows: 30 1. Only grade “A” pasteurized milk and milk products 31 shall be sold to the final consumer, or to restaurants, soda 32 fountains, grocery stores, or similar establishments ; except . 33 However, in an emergency, the sale of pasteurized milk and milk 34 products which have not been graded, or the grade of which is 35 -31- HF 2348 (3) 87 lh/rj/md 31/ 81

H.F. 2348 unknown, may be authorized by the secretary, in which case, 1 such products shall be labeled “ungraded”. 2 2. No person shall within the state produce, provide, 3 sell, offer, or expose for sale, or have in possession with 4 intent to sell, any milk or milk product which is adulterated 5 or misbranded ; except . However , in an emergency, the sale 6 of pasteurized milk and milk products which have not been 7 graded, or the grade of which is unknown, may be authorized by 8 the secretary, in which case such products shall be labeled 9 “ungraded”. 10 Sec. 53. Section 200.17, Code 2018, is amended to read as 11 follows: 12 200.17 Seizure, condemnation , and sale. 13 Any lot of commercial fertilizer or soil conditioner not 14 in compliance with the provisions of this chapter shall be 15 subject to seizure on complaint of the secretary to a court 16 of competent jurisdiction in the county or adjoining county 17 in which said the commercial fertilizer or soil conditioner 18 is located. In the event the court finds the said commercial 19 fertilizer or soil conditioner to be in violation of this 20 chapter and orders the condemnation of said the commercial 21 fertilizer or soil conditioner, it shall be disposed of in any 22 manner consistent with the quality of the commercial fertilizer 23 or soil conditioner and the laws of the state: Except state. 24 However, in no instance shall the disposition of said the 25 commercial fertilizer or soil conditioner be ordered by the 26 court without first giving the claimant an opportunity to apply 27 to the court for release of said the commercial fertilizer or 28 soil conditioner or for permission to reprocess or relabel said 29 the commercial fertilizer or soil conditioner to bring it into 30 compliance with this chapter . 31 Sec. 54. Section 206.2, subsection 18, paragraph b, 32 subparagraph (8), Code 2018, is amended to read as follows: 33 (8) If in the case of a plant growth regulator, defoliant, 34 or desiccant when used as directed it shall be injurious to 35 -32- HF 2348 (3) 87 lh/rj/md 32/ 81

H.F. 2348 living man humans or other vertebrate animals, or vegetation to 1 which it is applied, or to the person applying such pesticide; 2 provided, that physical or physiological effects on plants or 3 parts thereof shall not be deemed to be injury, when this is 4 the purpose for which the plant growth regulator, defoliant, or 5 desiccant was applied, in accordance with the label claims and 6 recommendations. 7 Sec. 55. Section 206.2, subsection 31, Code 2018, is amended 8 to read as follows: 9 31. “Unreasonable adverse effects on the environment” means 10 any unreasonable risk to man humans or the environment, taking 11 into account the economic, social, and environmental costs and 12 benefits of the use of any pesticide. 13 Sec. 56. Section 217.5, Code 2018, is amended to read as 14 follows: 15 217.5 Director of human services. 16 The chief administrative officer for the department of human 17 services is the director of human services. The director shall 18 be appointed by the governor subject to confirmation by the 19 senate and shall serve at the pleasure of the governor. The 20 governor shall fill a vacancy in this office in the same manner 21 as the original appointment was made. The director shall be 22 selected primarily for administrative ability. The director 23 shall not be selected on the basis of political affiliation 24 and shall not engage in political activity while holding this 25 position. 26 The director shall not be selected on the basis of political 27 affiliation and shall not engage in political activity while 28 holding this position. 29 Sec. 57. Section 218.4, subsection 2, Code 2018, is amended 30 to read as follows: 31 2. Rules adopted by the council pursuant to chapter 17A 32 shall be uniform and shall apply to all institutions under the 33 particular administrator and to all other institutions under 34 the administrator’s jurisdiction , and the . The primary rules 35 -33- HF 2348 (3) 87 lh/rj/md 33/ 81

H.F. 2348 for use in institutions where persons with mental illness are 1 served shall, unless otherwise indicated, uniformly apply 2 to county or private hospitals in which persons with mental 3 illness are served, but the rules shall not interfere with 4 proper medical treatment administered to patients by competent 5 physicians. Annually, signed copies of the rules shall be 6 sent to the superintendent of each institution or hospital 7 under the control or supervision of a particular administrator 8 and copies . Copies shall also be sent to the clerk of each 9 district court, the chairperson of the board of supervisors 10 of each county and, as appropriate, to the officer in charge 11 of institutions or hospitals caring for persons with mental 12 illness in each county who shall be responsible for seeing 13 that the rules are posted in each institution or hospital in a 14 prominent place. The rules shall be kept current to meet the 15 public need and shall be revised and published annually. 16 Sec. 58. Section 218.9, Code 2018, is amended to read as 17 follows: 18 218.9 Appointment of superintendents. 19 1. The administrator in charge of an institution, subject to 20 the approval of the director of human services, shall appoint 21 the superintendent of the institution. The tenure of office 22 shall be at the pleasure of the appointing authority. The 23 appointing authority may transfer a superintendent or warden 24 from one institution to another. 25 2. The superintendent or warden shall have immediate 26 custody and control, subject to the orders and policies of the 27 division administrator in charge of the institution, of all 28 property used in connection with the institution except as 29 provided in this chapter . The tenure of office shall be at the 30 pleasure of the appointing authority. The appointing authority 31 may transfer a superintendent or warden from one institution 32 to another. 33 Sec. 59. Section 218.21, Code 2018, is amended to read as 34 follows: 35 -34- HF 2348 (3) 87 lh/rj/md 34/ 81

H.F. 2348 218.21 Record of residents. 1 The administrator of the department of human services in 2 control of a state institution shall, as to every person 3 committed to any of said the institutions, keep the following 4 record: 5 1. Name , residence, sex, age, nativity, occupation, civil . 6 2. Residence. 7 3. Sex. 8 4. Age. 9 5. Nativity. 10 6. Occupation. 11 7. Civil condition , date . 12 8. Date of entrance or commitment , date . 13 9. Date of discharge , whether . 14 10. Whether a discharge was final , condition . 15 11. Condition of the person when discharged , the . 16 12. The name of the institutions from which and to which 17 such person has been transferred , and, if . 18 13. If dead, the date , and cause of the person’s death. 19 Sec. 60. Section 222.85, Code 2018, is amended to read as 20 follows: 21 222.85 Deposit of moneys —— exception to guardians. 22 1. Any funds coming into the possession of the 23 superintendent or any employee of a resource center or special 24 unit belonging to any patient in that institution shall be 25 deposited in the name of the patient in the patients’ personal 26 deposit fund, except that if a guardian of the property has 27 been appointed for the person, the guardian shall have the 28 right to demand and receive such funds. Funds belonging to a 29 patient deposited in the patients’ personal deposit fund may 30 be used for the purchase of personal incidentals, desires, and 31 comforts for the patient. 32 2. Money paid to a resource center from any source other 33 than state appropriated funds and intended to pay all or a 34 portion of the cost of care of a patient, which cost would 35 -35- HF 2348 (3) 87 lh/rj/md 35/ 81

H.F. 2348 otherwise be paid from state or county funds or from the 1 patient’s own funds, shall not be deemed money “funds belonging 2 to the patient a patient” for the purposes of this section . 3 Sec. 61. Section 232.52, subsection 2, paragraph a, 4 subparagraph (4), subparagraph division (a), subparagraph 5 subdivision (viii), Code 2018, is amended to read as follows: 6 (viii) Section 724.4 or 724.4B . 7 Sec. 62. Section 232.72, subsection 2, Code 2018, is amended 8 to read as follows: 9 2. However, if If the person making a report of child 10 abuse pursuant to this chapter does not know where the child’s 11 home is located, or if the child’s home is not located in the 12 service area where the health practitioner examines, attends, 13 or treats the child, the report may be made to the department 14 or to the local office serving the county where the person 15 making the report resides or the county where the health 16 practitioner examines, attends, or treats the child. These 17 agencies shall promptly proceed as provided in section 232.71B , 18 unless the matter is transferred as provided in this section . 19 Sec. 63. Section 232.158A, subsection 1, unnumbered 20 paragraph 1, Code 2018, is amended to read as follows: 21 Notwithstanding any provision of the interstate compact 22 on the placement of children under section 232.158 to the 23 contrary, the department of human services shall permit the 24 legal risk placement of a child under the interstate compact on 25 the placement of children if the prospective adoptive parent 26 provides a legal risk statement, in writing, acknowledging all 27 of the following: 28 Sec. 64. Section 249A.47, subsection 4, Code 2018, is 29 amended to read as follows: 30 4. Of any amount recovered arising out of a claim under Tit. 31 XIX or XXI of the federal Social Security Act, the department 32 shall receive the amount bearing the same proportion paid by 33 the department for such claims, including any federal share 34 that must be returned to the centers for Medicare and Medicaid 35 -36- HF 2348 (3) 87 lh/rj/md 36/ 81

H.F. 2348 services of the United States department of health and human 1 services. The remainder of any amount recovered shall be 2 deposited in the general fund of the state. 3 Sec. 65. Section 251.1, Code 2018, is amended to read as 4 follows: 5 251.1 Definitions. 6 As used in this chapter : 7 1. “Administrator” means the administrator of the division 8 of adult, children, and family services of the department of 9 human services. 10 2. “Division” or “state division” means the division of 11 child adult, children, and family services of the department 12 of human services ; “administrator” means the administrator of 13 the division of child and family services of the department of 14 human services . 15 Sec. 66. Section 260C.35, Code 2018, is amended to read as 16 follows: 17 260C.35 Limitation on land. 18 1. A merged area shall not purchase land which will increase 19 the aggregate of land owned by the merged area, excluding land 20 acquired by donation or gift, to more than three hundred twenty 21 acres without the approval of the director of the department 22 of education. The limitation does not apply to a merged area 23 owning more than three hundred twenty acres, excluding land 24 acquired by donation or gift, prior to January 1, 1969. 25 2. With the approval of the director of the department 26 of education, the board of directors of a merged area at any 27 time may sell any land in excess of one hundred sixty acres 28 owned by the merged area, and an election is not necessary in 29 connection with the sale. The proceeds of the sale may be 30 used for any of the purposes stated in section 260C.22 . This 31 paragraph subsection is in addition to any authority under 32 other provisions of law. 33 Sec. 67. Section 260F.2, subsection 11, Code 2018, is 34 amended to read as follows: 35 -37- HF 2348 (3) 87 lh/rj/md 37/ 81

H.F. 2348 11. “Project” means a training arrangement which is the 1 subject of an agreement entered into between the community 2 college and a business to provide program services. “Project” 3 also means an authority-sponsored a training arrangement which 4 is sponsored by the authority and administered under sections 5 260F.6A and 260F.6B . 6 Sec. 68. Section 261.1, subsection 2, paragraph d, 7 subparagraph (2), Code 2018, is amended to read as follows: 8 (2) One member shall be selected to represent Iowa’s 9 community colleges. When appointing this member, the governor 10 shall give careful consideration to any person or persons 11 nominated or recommended by any organization or association of 12 Iowa community colleges. 13 Sec. 69. Section 261.2, subsection 10, paragraph b, Code 14 2018, is amended to read as follows: 15 b. The institutions are eligible to participate in a federal 16 student aid program authorized under Tit. IV of the federal 17 Higher Education Act of 1965, Pub. L. No. 89-329, as amended. 18 Sec. 70. Section 262.75, Code 2018, is amended to read as 19 follows: 20 262.75 Incentives for cooperating teachers. 21 1. A cooperating teacher incentive program is established 22 to encourage experienced teachers to serve as cooperating 23 teachers for student teachers enrolled in the institutions of 24 higher education under the control of the board. 25 2. An individual who submits evidence to an institution 26 that the individual has satisfactorily served as a cooperating 27 teacher for a student teacher from any of the institutions 28 of higher education under the control of the board for the 29 duration of the student teaching experience shall receive from 30 the institution either a monetary recompense or a reduction 31 in tuition for graduate hours of coursework equivalent to the 32 value of the monetary recompense, rounded to the nearest whole 33 credit hour. 34 a. If, because of a policy adopted by the board of directors 35 -38- HF 2348 (3) 87 lh/rj/md 38/ 81

H.F. 2348 employing the teacher, the amount of the monetary recompense 1 is not made available to the teacher for the teacher’s own 2 personal use or the salary paid to the cooperating teacher by 3 the employing board is correspondingly reduced, the institution 4 shall grant the teacher the reduction in tuition pursuant to 5 this section in lieu of the monetary recompense. 6 b. In lieu of the payment of monetary recompense to a 7 cooperating teacher, the cooperating teacher may direct that 8 the monetary recompense be paid by the institution directly 9 into a scholarship fund which has been established jointly by 10 the board of directors of the school district that employs 11 the teacher and the local teachers’ association. In such 12 cases, the cooperating teacher shall receive neither monetary 13 recompense nor any reduction in tuition at the institution. 14 Sec. 71. Section 263.17, subsection 2, Code 2018, is amended 15 to read as follows: 16 2. a. The center shall be a cooperative effort of 17 representatives of the following organizations: 18 (1) The state university of Iowa department of preventive 19 medicine occupational and environmental health. 20 (2) The department of pediatrics of the university of Iowa 21 college of medicine. 22 (3) The state hygienic laboratory. 23 (4) The institute of agricultural medicine rural and 24 environmental health . 25 (5) The university of Iowa Holden comprehensive cancer 26 center. 27 (6) The department of civil and environmental engineering. 28 (7) Appropriate clinical and basic science departments. 29 (8) The college of law. 30 (9) The college of liberal arts and sciences. 31 (10) The Iowa department of public health. 32 (11) The department of natural resources. 33 (12) The department of agriculture and land stewardship. 34 b. The active participation of the national cancer 35 -39- HF 2348 (3) 87 lh/rj/md 39/ 81

H.F. 2348 institute, the agency for toxic substances and disease 1 registries registry , the national center centers for disease 2 control and prevention , the United States environmental 3 protection agency, and the United States geological survey, 4 shall also be sought and encouraged. 5 Sec. 72. Section 273.25, Code 2018, is amended to read as 6 follows: 7 273.25 Dissolution commission meetings. 8 1. The commission shall hold an organizational meeting 9 not more than fifteen days after its appointment and shall 10 elect a chairperson and vice chairperson from its membership. 11 Thereafter the commission may meet as often as deemed 12 necessary upon the call of the chairperson or a majority of the 13 commission members. 14 2. The commission shall request statements from contiguous 15 area education agencies outlining each agency’s willingness to 16 accept attachments of the affected area education agency to the 17 contiguous agencies and what conditions, if any, the contiguous 18 agency recommends. The commission shall meet with boards of 19 contiguous area education agencies and with boards of directors 20 of the affected school districts to the extent possible in 21 drawing up the dissolution proposal. 22 3. The commission may seek assistance from the department 23 of education. 24 Sec. 73. Section 274.37, Code 2018, is amended to read as 25 follows: 26 274.37 Boundaries changed by action of boards —— buildings 27 constructed. 28 1. The boundary lines of contiguous school corporations may 29 be changed by the concurrent action of the respective boards 30 of directors at their regular meetings in July, or at special 31 meetings called for that purpose. Such concurrent action shall 32 be subject to the approval of the area education agency board 33 but such concurrent action shall stand approved if the said 34 board does not disapprove such concurrent action within thirty 35 -40- HF 2348 (3) 87 lh/rj/md 40/ 81

H.F. 2348 days following receipt of notice thereof. The corporation from 1 which territory is detached shall, after the change, contain 2 not less than four government sections of land. 3 2. The boards in the respective districts, the boundaries 4 of which have been changed under this section , complete in 5 all respects except for the passage of time prior to the 6 effective date of the change, and when the right of appeal of 7 the change has expired, may enter into joint contracts for the 8 construction of buildings for the benefit of the corporations 9 whose boundaries have been changed, using funds accumulated 10 under the physical plant and equipment levy in section 298.2 . 11 The district in which the building is to be located may use any 12 funds authorized in accordance with chapter 75 . 13 3. This section does not permit the changed districts to 14 expend any funds jointly which they are not entitled to expend 15 acting individually. 16 Sec. 74. Section 275.2, Code 2018, is amended to read as 17 follows: 18 275.2 Scope of surveys. 19 1. The scope of the studies and surveys shall include 20 all of the following matters in the various districts in the 21 area education agency and all districts adjacent to the area 22 education agency: the 23 a. The adequacy of the educational program , pupil . 24 b. Pupil enrollment , property . 25 c. Property valuations , existing . 26 d. Existing buildings and equipment , natural . 27 e. Natural community areas , road . 28 f. Road conditions , transportation, economic . 29 g. Transportation. 30 h. Economic factors , individual . 31 i. Individual attention given to the needs of students , the . 32 j. The opportunity of students to participate in a wide 33 variety of activities related to the total development of the 34 student , and other . 35 -41- HF 2348 (3) 87 lh/rj/md 41/ 81

H.F. 2348 k. Other matters that may bear on educational programs 1 meeting minimum standards required by law. 2 2. The plans shall also include suggested alternate plans 3 that incorporate the school districts in the area education 4 agency into reorganized districts that meet the enrollment 5 standards specified in section 275.3 and may include alternate 6 plans proposed by school districts for sharing programs 7 under section 28E.9 , 256.13 , 280.15 , 282.7 , or 282.10 as an 8 alternative to school reorganization. 9 Sec. 75. Section 275.52, Code 2018, is amended to read as 10 follows: 11 275.52 Meetings. 12 1. The commission shall hold an organizational meeting 13 not more than fifteen days after its appointment and shall 14 elect a chairperson and vice chairperson from its membership. 15 Thereafter the commission may meet as often as deemed 16 necessary upon the call of the chairperson or a majority of the 17 commission members. 18 2. The commission shall request statements from contiguous 19 school districts outlining each district’s willingness 20 to accept attachments of the affected school district to 21 the contiguous districts and what conditions, if any, the 22 contiguous school district recommends. The commission shall 23 meet with boards of contiguous school districts and with 24 residents of the affected school district to the extent 25 possible in drawing up the dissolution proposal. 26 3. The commission may seek assistance from the area 27 education agency and the department of education. 28 Sec. 76. Section 306.41, Code 2018, is amended to read as 29 follows: 30 306.41 Temporary closing for construction. 31 1. The agency having jurisdiction and control over any 32 highway in the state, or the chief engineer of said the 33 agency when delegated by such agency, may temporarily close 34 sections of a highway by formal resolution entered upon the 35 -42- HF 2348 (3) 87 lh/rj/md 42/ 81

H.F. 2348 minutes of such agency when reasonably necessary because 1 of construction, reconstruction, maintenance or natural 2 disaster and shall cause to be erected “road closed” signs 3 and partial or total barricades in the roadway at each end 4 of the closed highway section and on the closed highway 5 where that highway is intersected by other highways if such 6 intersection remains open. Any numbered road closed for over 7 forty-eight hours shall have a designated detour route. The 8 agency having jurisdiction over a section of highway closed 9 in accordance with the provisions of this section , or the 10 persons or contractors employed to carry out the construction, 11 reconstruction, or maintenance of the closed section of 12 highway, shall not be liable for any damages to any vehicle 13 that enters the closed section of highway or the contents of 14 such vehicle or for any injuries to any person that enters the 15 closed section of highway, unless the damages are caused by 16 gross negligence of the agency or contractor. 17 2. Nothing herein in this section shall be construed to 18 prohibit or deny any person from gaining lawful access to the 19 person’s property or residence, nor shall it change or limit 20 liability to such persons. 21 Sec. 77. Section 306A.5, Code 2018, is amended to read as 22 follows: 23 306A.5 Acquisition of property and property rights. 24 1. For the purposes of this chapter , cities and highway 25 authorities having jurisdiction and control over the highways 26 of the state, as provided by chapter 306 , may acquire private 27 or public property rights for controlled-access facilities 28 and service roads, including rights of access, air, view, and 29 light, by gift, devise, purchase, or condemnation in the same 30 manner as such units are authorized by law to acquire such 31 property or property rights in connection with highways and 32 streets within their respective jurisdictions. All property 33 rights acquired under this chapter shall be in fee simple. In 34 connection with the acquisition of property or property rights 35 -43- HF 2348 (3) 87 lh/rj/md 43/ 81

H.F. 2348 for a controlled-access facility or portion of, or service road 1 in connection with a controlled-access facility, the cities and 2 highway authorities, in their discretion, may acquire an entire 3 lot, block, or tract of land, if by so doing the interests of 4 the public will be best served, even though the entire lot, 5 block, or tract is not immediately needed for the right-of-way 6 proper. 7 2. No access Access rights to any highway shall not be 8 acquired by any authority having jurisdiction and control 9 over the highways of this state by adverse possession or 10 prescriptive right. No action heretofore or hereafter Action 11 taken by any such authority shall not form the basis for any 12 claim of adverse possession of , or prescriptive right to any 13 access rights by any such authority. 14 Sec. 78. Section 308.1, Code 2018, is amended to read as 15 follows: 16 308.1 Planning commission. 17 1. The Mississippi parkway planning commission shall be 18 composed of ten members appointed by the governor, five members 19 to be appointed for two-year terms beginning July 1, 1959, and 20 five members to be appointed for four-year terms beginning July 21 1, 1959. In addition to the above members there shall be seven 22 advisory ex officio members who shall be as follows: 23 a. One member from the state transportation commission , one . 24 b. One member from the natural resource commission , one . 25 c. One member from the state soil conservation and water 26 quality committee , one . 27 d. One member from the state historical society of Iowa , 28 one . 29 e. One member from the faculty of the landscape 30 architectural division of the Iowa state university of science 31 and technology , one . 32 f. One member from the economic development authority , and 33 one . 34 g. One member from the environmental protection commission. 35 -44- HF 2348 (3) 87 lh/rj/md 44/ 81

H.F. 2348 2. Members and ex officio members shall serve without pay, 1 but the actual and necessary expenses of members and ex officio 2 members may be paid if the commission so orders and if the 3 commission has funds available for that purpose. 4 Sec. 79. Section 308A.3, Code 2018, is amended to read as 5 follows: 6 308A.3 Certain elevated structures prohibited —— exception. 7 Bikeways and walkways approved as either incidental features 8 of highway construction projects primarily for motor vehicular 9 traffic or as an independent bikeway or walkway construction 10 project constructed pursuant to the Highway Act of 1973, 23 11 U.S.C. § 217, shall not be constructed as elevated structures 12 joining private buildings or so constructed to provide elevated 13 access or egress facilities to private buildings unless the 14 following condition is met: 15 That the portion of project funds that is necessary to obtain 16 federal funds is provided by private parties benefited by the 17 facilities. 18 Sec. 80. Section 317.3, Code 2018, is amended to read as 19 follows: 20 317.3 Weed commissioner —— standards for noxious weed 21 control. 22 1. The board of supervisors of each county may annually 23 appoint a county weed commissioner who may be a person 24 otherwise employed by the county and who passes minimum 25 standards established by the department of agriculture and land 26 stewardship for noxious weed identification and the recognized 27 methods for noxious weed control and elimination. The county 28 weed commissioner’s appointment shall be effective as of March 29 1 and shall continue for a term at the discretion of the 30 board of supervisors unless the commissioner is removed from 31 office as provided for by law. The county weed commissioner 32 may, with the approval of the board of supervisors, require 33 that commercial applicators and their appropriate employees 34 pass the same standards for noxious weed identification 35 -45- HF 2348 (3) 87 lh/rj/md 45/ 81

H.F. 2348 as established by the department of agriculture and land 1 stewardship. The name and address of the person appointed 2 as county weed commissioner shall be certified to the county 3 auditor and to the secretary of agriculture within ten days of 4 the appointment. 5 2. The board of supervisors shall fix the compensation 6 of the county weed commissioner and deputies. Compensation 7 shall be for the period of actual work only, although a 8 weed commissioner assigned other duties not related to weed 9 eradication may receive an annual salary. The board of 10 supervisors shall likewise determine whether employment shall 11 be by hour, day, or month and the rate of pay for the employment 12 time. In addition to compensation, the commissioner and 13 deputies shall be paid their necessary travel expenses. 14 3. At the discretion of the board of supervisors, the weed 15 commissioner shall attend a seminar or school conducted or 16 approved by the department of agriculture and land stewardship 17 relating to the identification, control, and elimination of 18 noxious weeds. The county weed commissioner may, with the 19 approval of the board of supervisors, require that commercial 20 applicators and their appropriate employees pass the same 21 standards for noxious weed identification as established by the 22 department of agriculture and land stewardship. 23 4. The board of supervisors shall prescribe the time of year 24 the weed commissioner shall perform the powers and duties of 25 county weed commissioner under this chapter which may be during 26 that time of year when noxious weeds can effectively be killed. 27 Compensation shall be for the period of actual work only 28 although a weed commissioner assigned other duties not related 29 to weed eradication may receive an annual salary. The board of 30 supervisors shall likewise determine whether employment shall 31 be by hour, day or month and the rate of pay for the employment 32 time. 33 Sec. 81. Section 317.13, Code 2018, is amended to read as 34 follows: 35 -46- HF 2348 (3) 87 lh/rj/md 46/ 81

H.F. 2348 317.13 Program of control. 1 1. The board of supervisors of each county may each 2 year, upon recommendation of the county weed commissioner by 3 resolution prescribe and order a program of weed control for 4 purposes of complying with all sections of this chapter . The 5 county board of supervisors of each county may also by adopting 6 an integrated roadside vegetation management plan prescribe and 7 order a program of weed control for purposes of complying with 8 all sections of this chapter . The program for weed control 9 ordered or adopted by the county board of supervisors shall 10 provide that spraying for control of weeds shall be limited 11 to those circumstances when it is not practical to mow or 12 otherwise control the weeds. 13 2. The program of weed control shall include a program of 14 permits for the burning, mowing, or spraying of roadsides by 15 private individuals. The county board of supervisors shall 16 allow only that burning, mowing, or spraying of roadsides 17 by private individuals that is consistent with the adopted 18 integrated roadside vegetation management plan. This paragraph 19 subsection applies only to those roadside areas of a county 20 which are included in an integrated roadside vegetation 21 management plan. 22 Sec. 82. Section 321.285, subsection 7, Code 2018, is 23 amended to read as follows: 24 7. A person who violates this section for excessive speed 25 in violation of a speed limit commits a simple misdemeanor 26 punishable as a scheduled violation under section 805.8A, 27 subsection 5 . A person who operates a school bus at a speed 28 which exceeds a limit established under this section by 29 ten miles an per hour or less commits a simple misdemeanor 30 punishable as a scheduled violation under section 805.8A, 31 subsection 10 . A person who violates any other provision of 32 this section commits a simple misdemeanor. 33 Sec. 83. Section 350.2, Code 2018, is amended to read as 34 follows: 35 -47- HF 2348 (3) 87 lh/rj/md 47/ 81

H.F. 2348 350.2 Petition —— board membership. 1 1. Upon a petition to the board of supervisors which 2 meets the requirements of section 331.306 , the board of 3 supervisors shall submit to the voters at the next general 4 election the question of whether a county conservation board 5 shall be created as provided for in this chapter . If at the 6 election the majority of votes favors the creation of a county 7 conservation board, the board of supervisors within sixty days 8 after the election shall create a county conservation board to 9 consist of five bona fide residents of the county. 10 2. The members first appointed shall hold office for the 11 term of one, two, three, four, and five years respectively, as 12 indicated and fixed by the board of supervisors. Thereafter, 13 succeeding members shall be appointed for a term of five years, 14 except that vacancies occurring otherwise than by expiration 15 of term shall be filled by appointment for the unexpired term. 16 When a member of the county conservation board, during the term 17 of office, ceases to be a bona fide resident of the county, 18 the member is disqualified as a member and the office becomes 19 vacant. 20 3. Members of the county conservation board shall be 21 selected and appointed on the basis of their demonstrated 22 interest in conservation matters, and shall serve without 23 compensation, but may be paid their actual and necessary 24 expenses incurred in the performance of their official duties. 25 4. Members of the county conservation board may be 26 removed for cause by the board of supervisors as provided in 27 section 331.321, subsection 3 , if the cause is malfeasance, 28 nonfeasance, disability, or failure to participate in board 29 activities as set forth by the rules of the county conservation 30 board. 31 Sec. 84. Section 350.3, Code 2018, is amended to read as 32 follows: 33 350.3 Meetings —— records —— annual report. 34 1. Within thirty days after the appointment of members 35 -48- HF 2348 (3) 87 lh/rj/md 48/ 81

H.F. 2348 of the county conservation board, the board shall organize 1 by selecting from its members a president and secretary and 2 such other officers as are deemed necessary, who shall hold 3 office for the calendar year in which elected and until 4 their successors are selected and qualify. Three members of 5 the board shall constitute a quorum for the transaction of 6 business. 7 2. The board shall hold regular monthly meetings. Special 8 meetings may be called by the president, and shall be called 9 on the request of a majority of members, as the necessity may 10 require. Three members of the board shall constitute a quorum 11 for the transaction of business. The county conservation board 12 shall have power to adopt bylaws, to adopt and use a common 13 seal, and to enter into contracts. 14 3. The county board of supervisors shall provide suitable 15 offices for the meetings of the county conservation board 16 and for the safekeeping of its records. Such records shall 17 be subject to public inspection at all reasonable hours and 18 under such regulations as the county conservation board may 19 prescribe. 20 4. The county conservation board shall annually make a full 21 and complete report to the county board of supervisors of its 22 the county conservation board’s transactions and operations 23 for the preceding year. Such report shall contain a full 24 statement of its the board’s receipts, disbursements, and the 25 program of work for the period covered, and may include such 26 recommendations as may be deemed advisable. 27 Sec. 85. Section 350.5, Code 2018, is amended to read as 28 follows: 29 350.5 Regulations —— penalty —— officers. 30 1. The county conservation board may make, alter, amend or 31 repeal regulations for the protection, regulation, and control 32 of all museums, parks, preserves, parkways, playgrounds, 33 recreation centers, and other property under its control. The 34 regulations shall not be contrary to, or inconsistent with, the 35 -49- HF 2348 (3) 87 lh/rj/md 49/ 81

H.F. 2348 laws of this state. 1 2. The regulations shall not take effect until ten days 2 after their adoption by the board and after their publication 3 as provided in section 331.305 and after a copy of the 4 regulations has been posted near each gate or principal 5 entrance to the public ground to which they apply. 6 3. After the publication and posting, a person violating a 7 provision of the regulations which are then in effect is guilty 8 of a simple misdemeanor. 9 4. The board may designate the director and those employees 10 as the director may designate as police officers who shall 11 have all the powers conferred by law on police officers, peace 12 officers, or sheriffs in the enforcement of the laws of this 13 state and the apprehension of violators upon all property under 14 its control within and without the county. The board may grant 15 the director and those employees of the board designated as 16 police officers the authority to enforce the provisions of 17 chapters 321G , 321I , 461A , 462A , 481A , and 483A on land not 18 under the control of the board within the county. 19 Sec. 86. Section 355.8, subsection 17, Code 2018, is amended 20 to read as follows: 21 17. Interior excepted parcels shall be clearly indicated 22 and labeled , “not as follows: 23 Not a part of this survey (or subdivision)” subdivision) . 24 Sec. 87. Section 357E.5, Code 2018, is amended to read as 25 follows: 26 357E.5 Hearing of petition —— action by board. 27 At the public hearing required in section 357E.3 , the board 28 of supervisors may consider the boundaries of a proposed 29 district, whether the boundaries shall be as described in the 30 petition or otherwise, and for that purpose may amend the 31 petition and change the boundaries of the proposed district 32 as stated in the petition. The supervisors may adjust the 33 boundaries of a proposed district as needed to exclude land 34 that has no reasonable likelihood of benefit from inclusion in 35 -50- HF 2348 (3) 87 lh/rj/md 50/ 81

H.F. 2348 the proposed district. However, the boundaries of a proposed 1 district shall not be changed to incorporate property which 2 is not included in the original petition. Within ten days 3 after the hearing, the board of supervisors shall establish the 4 district by resolution or disallow the petition. 5 After, and within ten days of, the hearing, the board of 6 supervisors shall establish the district by resolution or 7 disallow the petition. 8 Sec. 88. Section 358.5, Code 2018, is amended to read as 9 follows: 10 358.5 Hearing of petition and order. 11 1. The board of supervisors to whom the petition is 12 addressed shall preside at the hearing provided for in 13 section 358.4 and shall continue the hearing in session, with 14 adjournments from day to day, if necessary, until completed, 15 without being required to give any further notice of the 16 hearing. Proof of the residences and qualifications of the 17 petitioners as eligible electors shall be made by affidavit 18 or otherwise as the board may direct. The board may consider 19 the boundaries of a proposed sanitary district, whether they 20 shall be as described in the petition or otherwise, and for 21 that purpose may alter and amend the petition and limit or 22 change the boundaries of the proposed district as stated in the 23 petition. The board shall adjust the boundaries of a proposed 24 district as needed to exclude land that has no reasonable 25 likelihood of benefit from inclusion in the proposed district. 26 The boundaries of a proposed district shall not be changed to 27 incorporate property not included in the original petition 28 and published notice until the owner of the property is given 29 notice of inclusion as on the original hearing. All persons 30 in the proposed district shall have an opportunity to be heard 31 regarding the location and boundaries of the proposed district 32 and to make suggestions regarding the location and boundaries. 33 The board of supervisors, after hearing the statements, 34 evidence and suggestions made and offered at the hearing, shall 35 -51- HF 2348 (3) 87 lh/rj/md 51/ 81

H.F. 2348 enter an order fixing and determining the limits and boundaries 1 of the proposed district and directing that an election be held 2 for the purpose of submitting to the registered voters residing 3 within the boundaries of the proposed district the question 4 of organization and establishment of the proposed sanitary 5 district as determined by the board of supervisors. The order 6 shall fix a date for the election not more than sixty days 7 after the date of the order. 8 2. However, a A majority of the landowners, owning in the 9 aggregate more than seventy percent of the total land in the 10 proposed district, may file a written remonstrance against 11 the proposed district at or before the time fixed for the 12 hearing on the proposed district with the county auditor. 13 If the remonstrance is filed, the board of supervisors 14 shall discontinue all further proceedings on the proposed 15 district and charge the costs incurred to date relating to the 16 establishment of the proposed district. 17 Sec. 89. Section 414.28, Code 2018, is amended to read as 18 follows: 19 414.28 Manufactured home. 20 1. As used in this section, “manufactured home” means a 21 factory-built structure, which is manufactured or constructed 22 under the authority of 42 U.S.C. §5403 and is to be used as a 23 place for human habitation, but which is not constructed or 24 equipped with a permanent hitch or other device allowing it to 25 be moved other than for the purpose of moving to a permanent 26 site, and which does not have permanently attached to its body 27 or frame any wheels or axles. 28 2. A city shall not adopt or enforce zoning regulations or 29 other ordinances which disallow the plans and specifications of 30 a proposed residential structure solely because the proposed 31 structure is a manufactured home. However, a zoning ordinance 32 or regulation shall require that a manufactured home be located 33 and installed according to the same standards, including but 34 not limited to, a permanent foundation system, set-back, and 35 -52- HF 2348 (3) 87 lh/rj/md 52/ 81

H.F. 2348 minimum square footage which would apply to a site-built, 1 single family dwelling on the same lot, and shall require 2 that the home is assessed and taxed as a site-built dwelling. 3 A zoning ordinance or other regulation shall not require a 4 perimeter foundation system for a manufactured home which is 5 incompatible with the structural design of the manufactured 6 home structure. A city shall not require more than one 7 permanent foundation system for a manufactured home. For 8 purposes of this section , a permanent foundation may be a 9 pier footing foundation system designed and constructed to be 10 compatible with the structure and the conditions of the site. 11 When units are located outside a manufactured home community 12 or mobile home park, requirements may be imposed which ensure 13 visual compatibility of the permanent foundation system with 14 surrounding residential structures. As used in this section , 15 “manufactured home” means a factory-built structure, which is 16 manufactured or constructed under the authority of 42 U.S.C. 17 §5403 and is to be used as a place for human habitation, but 18 which is not constructed or equipped with a permanent hitch 19 or other device allowing it to be moved other than for the 20 purpose of moving to a permanent site, and which does not have 21 permanently attached to its body or frame any wheels or axles. 22 This section shall not be construed as abrogating a recorded 23 restrictive covenant. 24 3. A city shall not adopt or enforce construction, 25 building, or design ordinances, regulations, requirements, or 26 restrictions which would mandate width standards greater than 27 twenty-four feet, roof pitch, or other design standards for 28 manufactured housing if the housing otherwise complies with 42 29 U.S.C. §5403. However, this paragraph subsection shall not 30 prohibit a city from adopting and enforcing zoning regulations 31 related to transportation, water, sewerage, or other land 32 development. 33 4. This section shall not be construed as abrogating a 34 recorded restrictive covenant. 35 -53- HF 2348 (3) 87 lh/rj/md 53/ 81

H.F. 2348 Sec. 90. Section 414.28A, Code 2018, is amended to read as 1 follows: 2 414.28A Land-leased communities. 3 1. “Land-leased community” means any site, lot, field, 4 or tract of land under common ownership upon which ten or 5 more occupied manufactured homes are harbored, either free of 6 charge or for revenue purposes, and shall include any building, 7 structure, or enclosure used or intended for use as part of the 8 equipment of the land-leased community. The term “land-leased 9 community” shall not be construed to include homes, buildings, 10 or other structures temporarily maintained by any individual, 11 educational institution, or company on their own premises and 12 used exclusively to house their own labor or students. 13 2. A city shall not adopt or enforce zoning or subdivision 14 regulations or other ordinances which disallow or make 15 infeasible the plans and specifications of land-leased 16 communities because the housing within the land-leased 17 community will be manufactured housing. 18 3. “Land-leased community” means any site, lot, field, 19 or tract of land under common ownership upon which ten or 20 more occupied manufactured homes are harbored, either free of 21 charge or for revenue purposes, and shall include any building, 22 structure, or enclosure used or intended for use as part of the 23 equipment of the land-leased community. The term “land-leased 24 community” shall not be construed to include homes, buildings, 25 or other structures temporarily maintained by any individual, 26 educational institution, or company on their own premises and 27 used exclusively to house their own labor or students. A 28 manufactured home located in a land-leased community shall be 29 taxed under section 435.22 as if the manufactured home were 30 located in a mobile home park. 31 Sec. 91. Section 422.30, Code 2018, is amended to read as 32 follows: 33 422.30 Jeopardy assessments —— posting of bond . 34 1. If the director believes that the assessment or 35 -54- HF 2348 (3) 87 lh/rj/md 54/ 81

H.F. 2348 collection of taxes will be jeopardized by delay, the director 1 may immediately make an assessment of the estimated amount of 2 tax due, together with all interest, additional amounts, or 3 penalties, as provided by law. The director shall serve the 4 taxpayer by regular mail at the taxpayer’s last known address 5 or in person, with a written notice of the amount of tax, 6 interest, and penalty due, which notice may include a demand 7 for immediate payment. Service of the notice by regular mail 8 is complete upon mailing. A distress warrant may be issued or 9 a lien filed against the taxpayer immediately. 10 2. The director shall be permitted to accept a bond from 11 the taxpayer to satisfy collection until the amount of tax 12 legally due shall be determined. Such bond to be in an amount 13 deemed necessary, but not more than double the amount of the 14 tax involved, and with securities satisfactory to the director. 15 Sec. 92. Section 425.20, Code 2018, is amended to read as 16 follows: 17 425.20 Filing dates —— affidavit —— extension. 18 1. A claim for reimbursement for rent constituting property 19 taxes paid shall not be paid or allowed, unless the claim is 20 filed with and in the possession of the department of revenue 21 on or before June 1 of the year following the base year. 22 2. A claim for credit for property taxes due shall not 23 be paid or allowed unless the claim is filed with the county 24 treasurer between January 1 and June 1, both dates inclusive, 25 immediately preceding the fiscal year during which the property 26 taxes are due. However, in case of sickness, absence, or other 27 disability of the claimant, or if in the judgment of the county 28 treasurer good cause exists, the county treasurer may extend 29 the time for filing a claim for credit through September 30 of 30 the same calendar year. The county treasurer shall certify to 31 the director of revenue on or before May 1 of each year the 32 total amount of dollars due for claims allowed. 33 3. In case of sickness, absence, or other disability of the 34 claimant or if, in the judgment of the director of revenue, 35 -55- HF 2348 (3) 87 lh/rj/md 55/ 81

H.F. 2348 good cause exists and the claimant requests an extension, 1 the director may extend the time for filing a claim for 2 reimbursement or credit. However, any further time granted 3 shall not extend beyond December 31 of the year following the 4 year in which the claim was required to be filed. Claims filed 5 as a result of this paragraph subsection shall be filed with 6 the director who shall provide for the reimbursement of the 7 claim to the claimant. 8 Sec. 93. Section 428A.1, Code 2018, is amended to read as 9 follows: 10 428A.1 Amount of tax on transfers —— declaration of value. 11 1. a. There is imposed on each deed, instrument, or writing 12 by which any lands, tenements, or other realty in this state 13 are granted, assigned, transferred, or otherwise conveyed, a 14 tax determined in the following manner: 15 (1) When there is no consideration or when the deed, 16 instrument, or writing is executed and tendered for recording 17 as an instrument corrective of title, and so states, there is 18 no tax. 19 (2) When there is consideration and the actual market value 20 of the real property transferred is in excess of five hundred 21 dollars, the tax is eighty cents for each five hundred dollars 22 or fractional part of five hundred dollars in excess of five 23 hundred dollars. 24 b. The term “consideration” , as used in this chapter , means 25 the full amount of the actual sale price of the real property 26 involved, paid or to be paid, including the amount of an 27 encumbrance or lien on the property, if assumed by the grantee. 28 c. It is presumed that the sale price so stated includes 29 the value of all personal property transferred as part of the 30 sale unless the dollar value of personal property is stated on 31 the instrument of conveyance. When the dollar value of the 32 personal property included in the sale is so stated, it shall 33 be deducted from the consideration shown on the instrument for 34 the purpose of determining the tax. 35 -56- HF 2348 (3) 87 lh/rj/md 56/ 81

H.F. 2348 2. When each deed, instrument, or writing by which any real 1 property in this state is granted, assigned, transferred, or 2 otherwise conveyed is presented for recording to the county 3 recorder, a declaration of value signed by at least one of the 4 sellers or one of the buyers or their agents shall be submitted 5 to the county recorder. However, if the deed, instrument, or 6 writing contains multiple parcels some of which are located in 7 more than one county, separate declarations of value shall be 8 submitted on the parcels located in each county and submitted 9 to the county recorder of that county when paying the tax as 10 provided in section 428A.5 . A declaration of value is not 11 required for those instruments described in section 428A.2, 12 subsections 2 to 5, 7 to 13, and 16 to 21 , or described in 13 section 428A.2, subsection 6 , except in the case of a federal 14 agency or instrumentality, or if a transfer is the result of 15 acquisition of lands, whether by contract or condemnation, for 16 public purposes through an exercise of the power of eminent 17 domain. 18 3. The declaration of value shall state the full 19 consideration paid for the real property transferred. If 20 agricultural land, as defined in section 9H.1 , is purchased by 21 a corporation, limited partnership, trust, alien or nonresident 22 alien, the declaration of value shall include the name and 23 address of the buyer, the name and address of the seller, a 24 legal description of the agricultural land, and identify the 25 buyer as a corporation, limited partnership, trust, alien, or 26 nonresident alien. The county recorder shall not record the 27 declaration of value, but shall enter on the declaration of 28 value information the director of revenue requires for the 29 production of the sales/assessment ratio study and transmit 30 all declarations of value to the city or county assessor in 31 whose jurisdiction the property is located. The city or 32 county assessor shall enter on the declaration of value the 33 information the director of revenue requires for the production 34 of the sales/assessment ratio study and transmit one copy of 35 -57- HF 2348 (3) 87 lh/rj/md 57/ 81

H.F. 2348 each declaration of value to the director of revenue, at times 1 as directed by the director of revenue. The assessor shall 2 retain one copy of each declaration of value for three years 3 from December 31 of the year in which the transfer of realty 4 for which the declaration was filed took place. The director 5 of revenue shall, upon receipt of the information required to 6 be filed under this chapter by the city or county assessor, 7 send to the office of the secretary of state that part of the 8 declaration of value which identifies a corporation, limited 9 partnership, trust, alien, or nonresident alien as a purchaser 10 of agricultural land as defined in section 9H.1 . 11 Sec. 94. Section 441.29, Code 2018, is amended to read as 12 follows: 13 441.29 Plat book —— index system. 14 1. The county auditor shall furnish to each assessor a 15 plat book on which shall be platted the lands and lots in the 16 assessor’s assessment district, showing on each subdivision 17 or part thereof, written in ink or pencil, the name of the 18 owner, the number of acres, or the boundary lines and distances 19 in each, and showing as to each tract the number of acres 20 to be deducted for railway right-of-way and for roads and 21 for rights-of-way for public levees and open public drainage 22 improvements. 23 2. The auditor, or the auditor’s designee, of any county 24 shall establish a permanent real estate index number system 25 with related tax maps for all real estate tax administration 26 purposes, including the assessment, levy, and collection of 27 such taxes. Wherever in real property tax administration the 28 legal description of tax parcels is required, such permanent 29 number system shall be adopted in addition thereto. The 30 permanent real estate index numbers shall begin with the 31 two-digit county number and be a unique identifying number 32 for each parcel within the county. These numbers shall 33 follow the property, not the owner, and can be an alphanumeric 34 system. In the event of a division of an existing parcel, the 35 -58- HF 2348 (3) 87 lh/rj/md 58/ 81

H.F. 2348 original permanent parcel index number shall be retired and 1 new numbers assigned. The auditor shall prepare and maintain 2 permanent real estate index number tax maps, which shall carry 3 such numbers. The auditor shall prepare and maintain cross 4 indexes of the numbers assigned under this system, with legal 5 descriptions of the real estate to which such numbers relate. 6 Indexes and tax maps established as provided herein in this 7 section shall be open to public inspection. 8 Sec. 95. Section 455B.311, subsection 3, Code 2018, is 9 amended to read as follows: 10 3. Grants shall be awarded only for an amount determined by 11 the department to be reasonable and necessary to conduct the 12 work as set forth in the grant application. Grants for less 13 than a county-wide countywide planning area shall be limited to 14 twenty-five percent state funds, for a single-county planning 15 area the state funds shall be limited to fifty percent, and for 16 a two-county planning area the state funds shall be limited 17 to seventy-five percent. For each additional county above a 18 two-county planning area, the maximum allowable state funds 19 shall be increased by an additional five percent, up to a 20 maximum of ninety percent state funds. 21 Sec. 96. Section 455B.337, Code 2018, is amended to read as 22 follows: 23 455B.337 Emergency action. 24 1. Whenever the director finds that an emergency exists 25 requiring immediate action to protect the public health and 26 safety, the director may, without notice or hearing, issue an 27 emergency order reciting that an emergency exists and requiring 28 that such action be taken as the director deems necessary 29 to meet the emergency. The order may be issued orally to 30 the person whose operation constitutes the emergency by the 31 director and confirmed by a copy of such order to be sent by 32 certified mail within twenty-four hours after the issuance 33 of the oral order. The emergency order shall be effective 34 immediately. Any person receiving an emergency order may 35 -59- HF 2348 (3) 87 lh/rj/md 59/ 81

H.F. 2348 request a hearing before the commission within thirty days 1 following the receipt of the order. The commission shall 2 schedule a hearing within fourteen days after receipt of the 3 request for a hearing and give written notice to the alleged 4 violator by certified mail. The commission may also schedule a 5 hearing in the absence of a request by the alleged violator. 6 On the basis of the findings, the commission shall issue a 7 final order which shall be forwarded to the alleged violator 8 by certified mail. 9 2. The director may, if an emergency exists, impound 10 or order the impounding of any radioactive material in the 11 possession of any person who is not equipped to observe, or 12 fails to observe, the provisions of this part 2 of division IV 13 or any rules adopted under said this part. 14 Sec. 97. Section 465C.11, Code 2018, is amended to read as 15 follows: 16 465C.11 Area held in trust. 17 1. An area designated as a preserve within the system is 18 hereby declared put to its highest, best, and most important 19 use for public benefit. It shall be held in trust and shall 20 not be alienated except to another public use upon a finding by 21 the board of imperative and unavoidable public necessity and 22 with the approval of the commission, the general assembly by 23 concurrent resolution, and the governor. The board’s interest 24 or interests in any area designated as a preserve shall not be 25 taken under the condemnation statutes of this state without 26 such a finding of imperative and unavoidable public necessity 27 by the board, and with the consent of the commission, the 28 general assembly by concurrent resolution, and the governor. 29 2. The board, with the approval of the governor, may enter 30 into amendments to any articles of dedication upon its finding 31 that such amendment will not permit an impairment, disturbance, 32 or development of the area inconsistent with the purposes of 33 this chapter . 34 3. Before the board shall make a finding of imperative and 35 -60- HF 2348 (3) 87 lh/rj/md 60/ 81

H.F. 2348 unavoidable public necessity, or shall enter into any amendment 1 to articles of dedication, it the board shall provide notice of 2 such proposal and opportunity for any person to be heard. Such 3 notice shall be published at least once in a newspaper with a 4 general circulation in the county or counties wherein the area 5 directly affected is situated, and mailed within ten days of 6 such published notice to all persons who have requested notice 7 of all such proposed actions. Each notice shall set forth the 8 substance of the proposed action and describe, with or without 9 legal description, the area affected, and shall set forth a 10 place and time not less than sixty days thence for all persons 11 desiring to be heard to have reasonable opportunity to be heard 12 prior to the finding of the board. 13 Sec. 98. Section 468.68, Code 2018, is amended to read as 14 follows: 15 468.68 Drainage warrants received for assessments. 16 Warrants drawn upon the construction or maintenance funds 17 of any district for which an assessment has been or must be 18 levied, shall be transferable by endorsement, and may be 19 acquired by any taxpayer of such district and applied at their 20 accrued face value upon the assessment levied to create the 21 fund against which the warrant was drawn; when the amount of 22 the warrant exceeds the amount of the assessment, the treasurer 23 shall cancel the said warrant, and give the holder thereof a 24 certificate for the amount of such excess, which certificate 25 shall be filed with the auditor, who shall issue a warrant for 26 the amount of such excess, and charge the treasurer therewith. 27 Such certificate is transferable by endorsement, and will 28 entitle the holder to the new warrant, made payable to the 29 holder’s order, and bearing the original number, preceded by 30 the words, following words: 31 “Issued Issued as unpaid balance due on warrant number .... ” 32 number .... . 33 Sec. 99. Section 476.52, Code 2018, is amended to read as 34 follows: 35 -61- HF 2348 (3) 87 lh/rj/md 61/ 81

H.F. 2348 476.52 Management efficiency. 1 1. It is the policy of this state that a public utility 2 shall operate in an efficient manner. 3 2. If the board determines in the course of a proceeding 4 conducted under section 476.3 or 476.6 that a utility is 5 operating in an inefficient manner, or is not exercising 6 ordinary, prudent management, or in comparison with other 7 utilities in the state the board determines that the utility is 8 performing in a less beneficial manner than other utilities, 9 the board may reduce the level of profit or adjust the revenue 10 requirement for the utility to the extent the board believes 11 appropriate to provide incentives to the utility to correct its 12 inefficient operation. 13 3. If the board determines in the course of a proceeding 14 conducted under section 476.3 or 476.6 that a utility is 15 operating in such an extraordinarily efficient manner that 16 tangible financial benefits result to the ratepayer, the 17 board may increase the level of profit or adjust the revenue 18 requirement for the utility. 19 4. In making its determination under this section , 20 the board may also consider a public utility’s pursuit of 21 energy efficiency programs. The board shall adopt rules for 22 determining the level of profit or the revenue requirement 23 adjustment that would be appropriate. The board shall also 24 adopt rules establishing a methodology for an analysis of a 25 utility’s management efficiency. 26 The board shall also adopt rules establishing a methodology 27 for an analysis of a utility’s management efficiency. 28 Sec. 100. Section 476.86, subsection 2, Code 2018, is 29 amended to read as follows: 30 2. a. “Competitive natural gas provider” means a person who 31 takes title to natural gas and sells it for consumption by a 32 retail end user in the state of Iowa. “Competitive natural gas 33 provider” includes an affiliate of an Iowa gas utility. 34 b. “Competitive natural gas provider” does not include the 35 -62- HF 2348 (3) 87 lh/rj/md 62/ 81

H.F. 2348 following: 1 a. (1) A public utility which is subject to rate regulation 2 under this chapter . 3 b. (2) A municipally owned utility which provides natural 4 gas service within its incorporated area or within the 5 municipal natural gas competitive service area, as defined in 6 section 437A.3, subsection 22 , paragraph “a” , subparagraph (1), 7 in which the municipally owned utility is located. 8 Sec. 101. Section 479.4, Code 2018, is amended to read as 9 follows: 10 479.4 Dangerous construction —— inspection. 11 1. The board is vested with power and authority and it 12 shall be its the board’s duty to supervise all pipelines and 13 underground storage and pipeline companies and shall from time 14 to time inspect and examine the construction, maintenance , 15 and the condition of said the pipelines and underground 16 storage facilities and whenever said facilities. Whenever 17 the board shall determine that any pipeline and underground 18 storage facilities or any apparatus, device , or equipment 19 used in connection therewith is unsafe and dangerous it , the 20 board shall immediately in writing notify said the pipeline 21 company , which is constructing or operating said the pipeline 22 and underground storage facilities, device, apparatus , or 23 other equipment to repair or replace any defective or unsafe 24 part or portion of said the pipeline and underground storage 25 facilities, device, apparatus , or equipment. 26 2. All faulty construction, as determined by the inspector, 27 shall be repaired immediately by the contractor operating for 28 the pipeline company and the cost of such repairs shall be 29 paid by said the contractor. If such repairs are not made by 30 the contractor, the board shall proceed to collect under the 31 provisions of section 479.26 . 32 Sec. 102. Section 514A.8, Code 2018, is amended to read as 33 follows: 34 514A.8 Nonapplication to certain policies. 35 -63- HF 2348 (3) 87 lh/rj/md 63/ 81

H.F. 2348 Nothing in this chapter shall apply to or affect (1) any of 1 the following: 2 1. Any policy of workers’ compensation insurance or any 3 policy of liability insurance with or without supplementary 4 expense coverage therein ; or (2) any . 5 2. Any policy or contract of reinsurance ; or (3) any . 6 3. Any blanket or group policy of insurance ; or (4) life . 7 4. Life insurance, endowment or annuity contracts, or 8 contracts supplemental thereto which contain only such 9 provisions relating to accident and sickness insurance as (a) 10 provide additional benefits in case of death or dismemberment 11 or loss of sight by accident, or as (b) operate to safeguard 12 such contracts against lapse, or to give a special surrender 13 value or special benefit or an annuity in the event that the 14 insured or annuitant shall become totally and permanently 15 disabled, as defined by the contract or supplemental contract. 16 Sec. 103. Section 514C.15, subsection 1, Code 2018, is 17 amended to read as follows: 18 1. Discussing treatment options with a covered individual, 19 notwithstanding the carrier’s , or plan’s position on such 20 treatment option. 21 Sec. 104. Section 515F.2, subsection 3, Code 2018, is 22 amended to read as follows: 23 3. “Developed losses” means losses (including , including 24 loss adjustment expenses) expenses, adjusted, using standard 25 actuarial techniques, to eliminate the effect of differences 26 between current payment or reserve estimates and those needed 27 to provide actual ultimate loss (including , including loss 28 adjustment expense) expense, payments. 29 Sec. 105. Section 519A.4, subsection 2, Code 2018, is 30 amended to read as follows: 31 2. The plan of operation shall provide for economic, fair 32 and nondiscriminatory administration, and for the prompt and 33 efficient provision of medical malpractice insurance. The plan 34 shall contain other provisions, including but not limited to 35 -64- HF 2348 (3) 87 lh/rj/md 64/ 81

H.F. 2348 preliminary assessment of all members for initial expenses 1 necessary to commence operations, establishment of necessary 2 facilities, management of the association, assessment of 3 members to defray losses and expenses, commission arrangements, 4 reasonable and objective underwriting standards, acceptance and 5 cession of reinsurance, appointment of servicing carriers or 6 other servicing arrangements , and procedures for determining 7 amounts of insurance to be provided by the association. 8 Sec. 106. Section 543B.8, Code 2018, is amended to read as 9 follows: 10 543B.8 Real estate commission created —— staff. 11 1. A real estate commission is created within the 12 professional licensing and regulation bureau of the banking 13 division of the department of commerce. The commission 14 consists of five members licensed under this chapter and two 15 members not licensed under this chapter and who shall represent 16 the general public. Commission members shall be appointed by 17 the governor subject to confirmation by the senate. 18 2. No more than one member shall be appointed from a 19 county. A commission member shall not hold any other elective 20 or appointive state or federal office. At least one of the 21 licensed members shall be a licensed real estate salesperson, 22 except that if the licensed real estate salesperson becomes 23 a licensed real estate broker during a term of office, 24 that person may complete the term, but is not eligible for 25 reappointment on the commission as a licensed real estate 26 salesperson. A licensed member shall be actively engaged 27 in the real estate business and shall have been so engaged 28 for five years preceding the appointment, the last two of 29 which shall have been in Iowa. Professional associations or 30 societies of real estate brokers or real estate salespersons 31 may recommend the names of potential commission members to 32 the governor. However, the governor is not bound by their 33 recommendations. A commission member shall not be required to 34 be a member of any professional association or society composed 35 -65- HF 2348 (3) 87 lh/rj/md 65/ 81

H.F. 2348 of real estate brokers or salespersons. Commission members 1 shall be appointed by the governor subject to confirmation by 2 the senate. 3 3. Appointments shall be for three-year terms and shall 4 commence and end as provided in section 69.19 . A member 5 shall serve no more than three terms or nine years, whichever 6 is less. No more than one member shall be appointed from a 7 county. A commission member shall not hold any other elective 8 or appointive state or federal office. Vacancies shall be 9 filled for the unexpired term by appointment of the governor 10 and are subject to senate confirmation. 11 4. A majority of the commission members constitutes a 12 quorum. 13 5. The administrator of the professional licensing and 14 regulation bureau of the banking division shall hire and 15 provide staff to assist the commission with implementing this 16 chapter . The administrator of the professional licensing and 17 regulation bureau of the banking division of the department of 18 commerce shall hire a real estate education director to assist 19 the commission in administering education programs for the 20 commission. 21 The administrator of the professional licensing and 22 regulation bureau of the banking division of the department of 23 commerce shall hire a real estate education director to assist 24 the commission in administering education programs for the 25 commission. 26 Sec. 107. Section 544A.17, subsection 2, Code 2018, is 27 amended to read as follows: 28 2. Persons acting under the instruction, control , or 29 supervision of, and those executing the plans of, a licensed 30 architect or a professional engineer licensed under chapter 31 542B , provided that such unlicensed persons shall not be 32 placed in responsible charge of architectural or professional 33 engineering work. 34 Sec. 108. Section 554.1201, subsection 1, Code 2018, is 35 -66- HF 2348 (3) 87 lh/rj/md 66/ 81

H.F. 2348 amended to read as follows: 1 1. Unless the context otherwise requires, words or phrases 2 defined in this section , or in the additional definitions 3 contained in other Articles of this chapter that apply to 4 particular Articles or Parts parts thereof, have the meanings 5 stated. 6 Sec. 109. Section 554.1201, subsection 2, unnumbered 7 paragraph 1, Code 2018, is amended to read as follows: 8 Subject to definitions contained in other Articles of this 9 chapter that apply to particular Articles or Parts parts 10 thereof: 11 Sec. 110. Section 569.4, Code 2018, is amended to read as 12 follows: 13 569.4 Costs and expenses. 14 1. In all cases in which the state becomes the purchaser of 15 real estate under the provisions of this chapter , the costs and 16 expenses attending such purchases shall be audited and allowed 17 by the director of the department of administrative services, 18 and paid out of any money moneys in the state treasury not 19 otherwise appropriated, upon the director’s warrant, and 20 charged to the fund to which the indebtedness belonged upon 21 which such real estate was taken. 22 2. If the real estate is purchased by a county, the costs 23 and expenses shall be audited by the board of supervisors and 24 paid out of the county treasury, upon a warrant drawn by the 25 auditor on the treasurer, from the fund to which the debt 26 belonged upon which said real estate was purchased. 27 3. If the real estate is purchased by any other municipal 28 corporation, then the costs shall be audited and paid by it 29 the municipal corporation in the same manner as other claims 30 against it the municipal corporation are audited and paid. 31 Sec. 111. Section 642.21, subsection 1, unnumbered 32 paragraph 1, Code 2018, is amended to read as follows: 33 The disposable earnings of an individual are exempt from 34 garnishment to the extent provided by the federal Consumer 35 -67- HF 2348 (3) 87 lh/rj/md 67/ 81

H.F. 2348 Credit Protection Act, Tit. III, 15 U.S.C. §1671 – 1677 1 (1982). The maximum amount of an employee’s earnings which 2 may be garnished during any one calendar year is two hundred 3 fifty dollars for each judgment creditor, except as provided 4 in chapter 252D and sections 598.22 , 598.23 , and 627.12 , or 5 when those earnings are reasonably expected to be in excess of 6 twelve thousand dollars for that calendar year as determined 7 from the answers taken by the sheriff or by the court pursuant 8 to section 642.5 , subsection 1, question number four. When the 9 employee’s earnings are reasonably expected to be more than 10 twelve thousand dollars, the maximum amount of those earnings 11 which may be garnished during a calendar year for each creditor 12 is as follows: 13 Sec. 112. Section 657.9, Code 2018, is amended to read as 14 follows: 15 657.9 Shooting ranges. 16 1. Before a person improves property acquired to establish, 17 use, and maintain a shooting range by the erection of 18 buildings, breastworks, ramparts, or other works or before a 19 person substantially changes the existing use of a shooting 20 range, the person shall obtain approval of the county zoning 21 commission or the city zoning commission, whichever is 22 appropriate. The appropriate commission shall comply with 23 section 335.8 or 414.6 . In the event a county or city does 24 not have a zoning commission, the county board of supervisors 25 or the city council shall comply with section 335.6 or 414.5 26 before granting the approval. 27 2. A person who acquires title to or who owns real property 28 adversely affected by the use of property with a permanently 29 located and improved range shall not maintain a nuisance action 30 against the person who owns the range to restrain, enjoin, 31 or impede the use of the range where there has not been a 32 substantial change in the nature of the use of the range. 33 3. This section does not prohibit actions for negligence or 34 recklessness in the operation of the range or by a person using 35 -68- HF 2348 (3) 87 lh/rj/md 68/ 81

H.F. 2348 the range. 1 Sec. 113. Section 674.6, Code 2018, is amended to read as 2 follows: 3 674.6 Notice —— consent. 4 1. If the petitioner is married, the petitioner must give 5 legal notice to the spouse, in the manner of an original 6 notice, of the filing of the petition. 7 2. If the petition includes or is filed on behalf of a 8 minor child fourteen years of age or older, the child’s written 9 consent to the change of name of that child is required. 10 3. If the petition includes or is filed on behalf of a 11 minor child under fourteen, both parents as stated on the birth 12 certificate of the minor child shall file their written consent 13 to the name change. If one of the parents does not consent 14 to the name change, a hearing shall be set on the petition on 15 twenty days’ notice to the nonconsenting parent pursuant to the 16 rules of civil procedure. At the hearing the court may waive 17 the requirement of consent as to one of the parents if it finds 18 any of the following : 19 1. a. That the parent has abandoned the child ; . 20 2. b. That the parent has been ordered to contribute to the 21 support of the child or to financially aid in the child’s birth 22 and has failed to do so without good cause ; or . 23 3. c. That the parent does not object to the name change 24 after having been given due and proper notice. 25 Sec. 114. Section 692.8, Code 2018, is amended to read as 26 follows: 27 692.8 Intelligence data. 28 1. Intelligence data contained in the files of the 29 department of public safety or a criminal or juvenile justice 30 agency may be placed within a computer data storage system, 31 provided that access to the computer data storage system 32 is restricted to authorized employees of the department or 33 criminal or juvenile justice agency. The department shall 34 adopt rules to implement this paragraph subsection . 35 -69- HF 2348 (3) 87 lh/rj/md 69/ 81

H.F. 2348 2. Intelligence data in the files of the department may 1 be disseminated only to a peace officer, criminal or juvenile 2 justice agency, or state or federal regulatory agency, and 3 only if the department is satisfied that the need to know and 4 the intended use are reasonable. However, intelligence data 5 may also be disseminated to an agency, organization, or person 6 when disseminated for an official purpose, and in order to 7 protect a person or property from a threat of imminent serious 8 harm. Whenever intelligence data relating to a defendant 9 or juvenile who is the subject of a petition under section 10 232.35 for the purpose of sentencing or adjudication has been 11 provided a court, the court shall inform the defendant or 12 juvenile or the defendant’s or juvenile’s attorney that it the 13 court is in possession of such data and shall, upon request 14 of the defendant or juvenile or the defendant’s or juvenile’s 15 attorney, permit examination of such data. 16 3. If the defendant or juvenile disputes the accuracy 17 of the intelligence data, the defendant or juvenile shall 18 do so by filing an affidavit stating the substance of the 19 disputed data and wherein it is inaccurate. If the court finds 20 reasonable doubt as to the accuracy of such information, it the 21 court may require a hearing and the examination of witnesses 22 relating thereto on or before the time set for sentencing or 23 adjudication. 24 Sec. 115. Section 708.2B, Code 2018, is amended to read as 25 follows: 26 708.2B Treatment of domestic abuse offenders. 27 1. As used in this section , “district department” means 28 a judicial district department of correctional services, 29 established pursuant to section 905.2 . 30 2. A person convicted of, or receiving a deferred judgment 31 for, domestic abuse assault as defined in section 708.2A , shall 32 report to the district department in order to participate in 33 a batterers’ treatment program for domestic abuse offenders. 34 In addition, a person convicted of, or receiving a deferred 35 -70- HF 2348 (3) 87 lh/rj/md 70/ 81

H.F. 2348 judgment for, an assault, as defined in section 708.1 , which 1 is domestic abuse, as defined in section 236.2, subsection 2 , 2 paragraph “e” , may be ordered by the court to participate in a 3 batterers’ treatment program. Participation in the batterers’ 4 treatment program shall not require a person to be placed on 5 probation, but a person on probation may participate in the 6 program. 7 3. The district departments may contract for services in 8 completing the duties relating to the batterers’ treatment 9 programs. The district departments shall assess the fees for 10 participation in the program, and shall either collect or 11 contract for the collection of the fees to recoup the costs of 12 treatment, but may waive the fee or collect a lesser amount 13 upon a showing of cause. The fees shall be used by each of 14 the district departments or contract service providers for the 15 establishment, administration, coordination, and provision of 16 direct services of the batterers’ treatment programs. 17 4. District departments or contract service providers shall 18 receive upon request peace officers’ investigative reports 19 regarding persons participating in programs under this section . 20 The receipt of reports under this section shall not waive the 21 confidentiality of the reports under section 22.7 . 22 Sec. 116. Section 805.8B, subsection 3, paragraph h, Code 23 2018, is amended to read as follows: 24 h. For violations of section 481A.48 relating to 25 restrictions on game birds and animals, the scheduled fines are 26 as follows: 27 (1) Out-of-season For out-of-season , the scheduled fine is 28 one hundred dollars. 29 (2) Over For over limit, the scheduled fine is one hundred 30 dollars. 31 (3) Attempt For attempt to take, the scheduled fine is fifty 32 dollars. 33 (4) General For general waterfowl restrictions, the 34 scheduled fine is fifty dollars. 35 -71- HF 2348 (3) 87 lh/rj/md 71/ 81

H.F. 2348 (a) No For no federal stamp, the scheduled fine is fifty 1 dollars. 2 (b) Unplugged For unplugged shotgun, the scheduled fine is 3 ten dollars. 4 (c) Possession For possession of other than steel shot, the 5 scheduled fine is twenty-five dollars. 6 (d) Early For early or late shooting, the scheduled fine is 7 twenty-five dollars. 8 (5) Possession For possession of a prohibited pistol or 9 revolver while hunting deer, the scheduled fine is one hundred 10 dollars. 11 (6) Possession For possession of a prohibited rifle while 12 hunting deer, the scheduled fine is two hundred fifty dollars. 13 Sec. 117. Section 904.319, Code 2018, is amended to read as 14 follows: 15 904.319 Temporary quarters in emergency. 16 If the buildings at any institution under the management of 17 the director are destroyed or rendered unfit for habitation 18 by reason of fire, storms, or other like causes, to such an 19 extent that the inmates cannot be confined and cared for at the 20 institution, the director shall make temporary provision for 21 the confinement and care of the inmates at some other place in 22 the state. Like provision may be made in case of an epidemic 23 among the inmates. The reasonable cost of the change including 24 the cost of transfer of inmates, shall be paid from any money 25 moneys in the state treasury not otherwise appropriated. 26 Sec. 118. Section 906.1, Code 2018, is amended to read as 27 follows: 28 906.1 Definition Definitions of parole and work release —— 29 temporary assignment to director . 30 1. a. Parole “Parole” is the release of a person who 31 has been committed to the custody of the director of the 32 Iowa department of corrections by reason of the person’s 33 commission of a public offense, which release occurs prior to 34 the expiration of the person’s term, is subject to supervision 35 -72- HF 2348 (3) 87 lh/rj/md 72/ 81

H.F. 2348 by the district department of correctional services, and is on 1 conditions imposed by the district department. 2 b. Work release “Work release” is the release of a person, 3 who has been committed to the custody of the director of the 4 Iowa department of corrections, pursuant to sections 904.901 5 through 904.909 . 6 2. A person who has been released on parole or work release 7 may be temporarily assigned to the supervision of the director 8 of the department of corrections as a result of placement in a 9 violator facility established pursuant to section 904.207 . 10 DIVISION II 11 CORRESPONDING CHANGES 12 Sec. 119. Section 22.7, subsection 10, Code 2018, is amended 13 to read as follows: 14 10. A claim for compensation and reimbursement for legal 15 assistance and supporting documents submitted to the state 16 public defender for payment from the indigent defense fund 17 established in section 815.11 , as provided in section 13B.4B 18 13B.4A . 19 Sec. 120. Section 232.68, unnumbered paragraph 1, Code 20 2018, is amended to read as follows: 21 The definitions in section 235A.13 are applicable to this 22 part 2 of division III . As used in sections 232.67 through 23 232.77 and 235A.12 through 235A.24 chapter 235A, subchapter II , 24 unless the context otherwise requires: 25 Sec. 121. Section 232.151, Code 2018, is amended to read as 26 follows: 27 232.151 Criminal penalties. 28 Any person who knowingly discloses, receives, or makes 29 use or permits the use of information derived directly or 30 indirectly from the records concerning a child referred to in 31 sections 232.147 through 232.150 , except as provided by those 32 sections or section 13B.4B 13B.4A , subsection 2, paragraph “c” , 33 shall be guilty of a serious misdemeanor. 34 Sec. 122. Section 235A.13, unnumbered paragraph 1, Code 35 -73- HF 2348 (3) 87 lh/rj/md 73/ 81

H.F. 2348 2018, is amended to read as follows: 1 As used in chapter 232, division III, part 2 , and sections 2 235A.13 to 235A.24 this subchapter , unless the context 3 otherwise requires: 4 Sec. 123. Section 331.486, Code 2018, is amended to read as 5 follows: 6 331.486 Assessment of costs of public improvements. 7 A county may assess to property within a county special 8 assessment district the cost of construction and repair of 9 public improvements benefiting the district and may assess to 10 property within a joint special assessment district the cost of 11 construction and repair of public improvements benefiting the 12 district. A county may construct and assess the cost of public 13 improvements within a district in the same manner as a city may 14 proceed under chapter 384, division subchapter IV , and chapter 15 384, division subchapter IV , applies to counties with respect 16 to public improvements, the assessment of their costs, and the 17 issuance of bonds for the public improvements. A county may 18 contract for a public improvement benefiting a district under 19 this part pursuant to chapter 331, division subchapter III, 20 part 3 , of this chapter . 21 Sec. 124. Section 355.16, Code 2018, is amended to read as 22 follows: 23 355.16 Iowa plane coordinate system defined. 24 As used in this section, and sections 355.17 through 355.19 25 subchapter , unless the context otherwise requires, “Iowa plane 26 coordinate system” or “coordinate system” means the system of 27 plane coordinates established by the United States national 28 ocean survey, or the United States national geodetic survey, 29 or a successor agency, for defining and stating the geographic 30 positions or locations of points on the surface of the earth 31 within the state of Iowa. 32 Sec. 125. Section 452A.76, Code 2018, is amended to read as 33 follows: 34 452A.76 Enforcement authority. 35 -74- HF 2348 (3) 87 lh/rj/md 74/ 81

H.F. 2348 1. Authority to enforce division subchapter III is given 1 to the state department of transportation. Employees of the 2 state department of transportation designated enforcement 3 employees have the power of peace officers in the performance 4 of their duties; however, they shall not be considered members 5 of the state patrol. The state department of transportation 6 shall furnish enforcement employees with necessary equipment 7 and supplies in the same manner as provided in section 80.18 , 8 including uniforms which are distinguishable in color and 9 design from those of the state patrol. Enforcement employees 10 shall be furnished and shall conspicuously display badges of 11 authority. 12 2. Authority is given to the department of revenue, the 13 state department of transportation, the department of public 14 safety, and any peace officer as requested by such departments 15 to enforce the provisions of division subchapter I and this 16 division subchapter of this chapter . The department of 17 revenue shall adopt rules providing for enforcement under 18 division subchapter I and this division subchapter of this 19 chapter regarding the use of motor fuel or special fuel in 20 implements of husbandry. Enforcement personnel or requested 21 peace officers are authorized to stop a conveyance suspected 22 to be illegally transporting motor fuel or special fuel on 23 the highways, to investigate the cargo, and also have the 24 authority to inspect or test the fuel in the supply tank of a 25 conveyance to determine if legal fuel is being used to power 26 the conveyance. The operator of any vehicle transporting 27 motor fuel or special fuel shall, upon request, produce and 28 offer for inspection the manifest or loading and delivery 29 invoices pertaining to the load and trip in question and shall 30 permit the authority to inspect and measure the contents of 31 the vehicle. If the vehicle operator fails to produce the 32 evidence or if, when produced, the evidence fails to contain 33 the required information and it appears that there is an 34 attempt to evade payment of the fuel tax, the vehicle operator 35 -75- HF 2348 (3) 87 lh/rj/md 75/ 81

H.F. 2348 will be subject to the penalty provisions contained in section 1 452A.74A . 2 3. For purposes of this section , “vehicle” means as defined 3 in section 321.1 . 4 Sec. 126. Section 453A.13, subsection 2, paragraph a, Code 5 2018, is amended to read as follows: 6 a. The department shall issue state permits to distributors, 7 wholesalers, and cigarette vendors , and retailers that make 8 delivery sales of alternative nicotine products and vapor 9 products , subject to the conditions provided in this division 10 subchapter . If an out-of-state retailer makes delivery 11 sales of alternative nicotine products or vapor products, an 12 application shall be filed with the department and a permit 13 shall be issued for the out-of-state retailer’s principal place 14 of business. Cities may issue retail permits to retailers 15 with a place of business located within their respective 16 limits. County boards of supervisors may issue retail permits 17 to retailers with a place of business in their respective 18 counties, outside of the corporate limits of cities. 19 DIVISION III 20 CODE EDITOR DIRECTIVES 21 Sec. 127. CODE EDITOR DIRECTIVES. 22 1. Section 508E.8, subsection 1, paragraph “f”, Code 2018, 23 is amended by striking the word “recision” and inserting in 24 lieu thereof the word “rescission”. 25 2. Sections 100B.21 and 135.11, Code 2018, are amended by 26 striking the word “firefighters” and inserting in lieu thereof 27 the words “fire fighters”. 28 3. Sections 92.5, subsection 7; 160.5, subsection 2; and 29 298.3, subsection 1, paragraph “m”, Code 2018, are amended by 30 striking the word “clean-up” and inserting in lieu thereof the 31 word “cleanup”. 32 4. Sections 537.2202, 537.2308, and 537.2508, Code 2018, 33 are amended by striking the words “open end” and inserting in 34 lieu thereof the word “open-end”. 35 -76- HF 2348 (3) 87 lh/rj/md 76/ 81

H.F. 2348 5. Sections 537.1201, subsections 1 and 2; 537.2201, 1 subsection 1; 537.2504, unnumbered paragraph 1; 537.2506, 2 subsection 2; 537.2601, subsection 2; 537.3203, unnumbered 3 paragraph 1; 537.3206, subsection 3; 537.3212, subsections 1 4 and 3; 537.3303, subsections 1 and 2; 537.3308, subsection 2, 5 paragraph “b”; 537.3403, subsection 5; 537.3404, subsection 3, 6 paragraphs “a” and “b”; and 537.3405, subsection 3, paragraphs 7 “a” and “b”, Code 2018, are amended by striking the words “open 8 end” and inserting in lieu thereof the word “open-end”. 9 6. Sections 28M.3, 145A.20, 331.486, 331.487, 347A.3, 10 364.13, 384.11, 384.23, 384.31, 384.34, 384.35, 384.44, 384.67, 11 384.76, 384.79, 384.88, 384.90, 384.93, 392.1, 392.3, 425.16, 12 425.18, 425.19, 425.21, 425.22, 425.24, 425.27, 425.29, 425.30, 13 425.31, 425.32, 425.35, 425.36, 425.37, 425.39, 452A.1, 452A.9, 14 452A.50, 452A.51, 452A.55, 452A.76, 453A.9, 453A.11, 453A.12, 15 453A.18, 453A.28, 453A.37, 453A.47, 453A.49, 453A.50, 468.240, 16 468.586, 468.587, 633.246A, 633.352, 633.402, 633.700, 633.722, 17 and 633.751, Code 2018, are amended by striking the word 18 “division” and inserting in lieu thereof the word “subchapter”. 19 7. Sections 97B.1A, subsection 8, paragraph “b”, 20 subparagraph (2); 231E.4, subsection 6, paragraph “e”; 231E.5, 21 subsection 2, paragraph “h”, subparagraphs (1) and (3); 231E.8, 22 subsection 4; 249A.3, subsection 11, paragraph “d”; 331.231, 23 subsection 1; 331.233, subsection 1, unnumbered paragraph 24 1; 331.238, subsection 2, paragraph “a”, subparagraph (2); 25 331.382, subsection 8, paragraph “b”; 331.384, subsection 26 3; 331.424A, subsection 1, unnumbered paragraph 1; 331.447, 27 subsection 1, paragraph “a”; 331.552, subsection 21; 350.6, 28 subsection 4; 357A.11, subsection 9; 358.16, subsection 29 3; 384.13, subsection 1; 384.24, unnumbered paragraph 1; 30 384.25, subsection 1; 384.26, subsection 1; 384.37, unnumbered 31 paragraph 1; 384.37, subsection 10; 384.49, subsection 3, 32 paragraph “a”; 384.58, subsection 1, unnumbered paragraph 1; 33 384.66, subsection 4; 384.68, subsection 2; 384.68, subsection 34 6, paragraph “a”; 384.74, unnumbered paragraph 2; 384.75, 35 -77- HF 2348 (3) 87 lh/rj/md 77/ 81

H.F. 2348 unnumbered paragraph 2; 384.80, unnumbered paragraph 1; 384.83, 1 subsection 5; 384.84, subsection 1; 386.7, subsection 6; 2 386.12 subsection 3; 403.12, subsection 5; 420.41, subsection 3 3; 423A.7, subsection 4, paragraph “d”, subparagraph (1); 4 425.17, unnumbered paragraph 1; 425.17, subsection 2, paragraph 5 “a”, subparagraphs (1) and (2); 425.17, subsections 4, 6 7, 8, 9, and 10; 425.23, unnumbered paragraph 1; 425.33, 7 subsection 1; 425.33, subsection 2, unnumbered paragraph 1; 8 425.40, subsection 2; 452A.2, unnumbered paragraph 1; 452A.2, 9 subsection 27; 452A.3, subsection 1, unnumbered paragraph 10 1; 452A.3, subsection 2; 452A.3, subsection 6, paragraph 11 “a”, subparagraph (1); 452A.3, subsection 6, paragraph “a”, 12 subparagraph (2), unnumbered paragraph 1; 452A.3, subsection 13 10, paragraph “b”; 452A.3, subsection 11; 452A.4, subsection 14 3, paragraph “a”; 452A.6, subsection 1, paragraph “a”; 452A.8, 15 subsection 1, paragraph “c”; 452A.15, subsection 1, paragraph 16 c; 452A.15, subsection 4; 452A.17, subsection 1, unnumbered 17 paragraph 1; 452A.21, subsection 1; 452A.31, unnumbered 18 paragraph 1; 452A.52, subsection 1; 452A.54, subsections 1, 19 3, and 4; 452A.57, subsections 1 and 5; 452A.58, subsections 20 1 and 3; 452A.65, subsection 2; 453A.6, subsection 6; 453A.8, 21 subsection 4; 453A.13, subsection 2, paragraph “a”; 453A.13, 22 subsection 3, paragraph “a”; 453A.13, subsection 10; 453A.14, 23 subsection 1, unnumbered paragraph 1; 453A.14, subsection 2; 24 453A.15, subsections 1 and 7; 453A.17, subsection 2; 453A.22, 25 subsections 1 and 8; 453A.23, subsections 1 and 2; 453A.24, 26 subsection 2; 453A.31, subsection 1, unnumbered paragraph 27 1; 453A.32, subsections 1 and 6; 453A.36, subsections 1 and 28 6; 453A.42, unnumbered paragraph 1; 453A.42, subsection 12; 29 453A.43, subsection 1, paragraph “d”; 453A.43, subsection 5; 30 453A.44, subsections 2, 3, 4, 5, 7, 10, 11, and 12; 453A.45, 31 subsection 1, paragraph “b”; 453A.46, subsection 5; 453A.47A, 32 subsection 4; 453A.47A, subsection 7, paragraph “a”, unnumbered 33 paragraph 1; 453A.47A, subsection 11; 453A.48, subsections 1 34 and 2; 633.3, unnumbered paragraph 1; 633.701, subsection 1; 35 -78- HF 2348 (3) 87 lh/rj/md 78/ 81

H.F. 2348 633.703, subsection 1; 633.713, subsection 4; and 633.720, 1 subsection 2, Code 2018, are amended by striking the word 2 “division” and inserting in lieu thereof the word “subchapter”. 3 8. The Code editor may change chapter division designations 4 to subchapter designations and correct internal references as 5 necessary in and to the following chapters: 6 a. 331. 7 b. 384. 8 c. 425. 9 d. 452A. 10 e. 453A. 11 f. 633. 12 9. The Code editor may designate unnumbered chapter 13 headings as numbered subchapters and correct internal 14 references as necessary within and to the following chapters: 15 a. 137C. 16 b. 235A. 17 c. 235B. 18 d. 309. 19 e. 313. 20 f. 321A. 21 g. 327D. 22 h. 355. 23 i. 481A. 24 j. 515. 25 k. 614. 26 l. 622. 27 m. 636. 28 n. 654. 29 10. The Code editor may add or delete subchapters in the 30 following chapters: 31 a. 235B: After section 235B.15, add a new subchapter 32 entitled “Miscellaneous Provisions”. 33 b. 515: After section 515.119, delete header entitled 34 “Surplus Lines Insurance”. 35 -79- HF 2348 (3) 87 lh/rj/md 79/ 81

H.F. 2348 11. The Code editor is directed to make the following 1 transfer: 2 a. Section 13B.4B to section 13B.4A. 3 b. The Code editor shall correct internal references in the 4 Code and in any enacted legislation as necessary due to the 5 transfer of this section. 6 12. The Code editor may number unnumbered paragraphs 7 within sections 28M.3, 43.42, 49.58, 85.32, 85.37, 135.11A, 8 135.69, 135.71, 161E.6, 215A.9, 249A.20, 252.22, 257.27, 9 257.33, 257.36, 257.48, 306.8, 313.36, 321I.23, 321J.2A, 10 321J.11, 327D.67, 327G.17, 347A.3, 384.74, 384.75, 421B.11, 11 422.30, 427B.4, 427B.21, 435.25, 441.42, 441.46, 445.16, 12 445.56, 446.31, 452A.55, 452A.56, 452A.61, 452A.63, 452A.67, 13 452A.75, 452A.77, 453A.12, 453A.28, 453B.2, 453B.3, 453B.9, 14 453B.11, 455B.117, 455B.276, 455B.277, 455B.281, 455B.303, 15 455B.362, 455E.6, 462A.20, 465C.9, 465C.13, 468.159, 478.6, 16 479.24, 479.41, 479.42, 479B.6, 479B.11, 479B.16, 479B.25, 17 479B.26, 481A.36, 483A.21, 491.13, 491.28, 491.55, 491.107, 18 496C.9, 496C.11, 496C.22, 499.42, 499.54, 499.65, 499A.3A, 19 499A.3C, 499A.19, 506.10, 507B.8, 507B.12, 508.4, 508.32, 20 508.32A, 508B.2, 508B.5, 508B.9, 508B.14, 514A.13, 514B.13, 21 514B.24, 514B.26, 514B.30, 515.71, 515B.4, 515G.5, 522B.16, 22 524.222, 524.535, 524.608, 524.610, 524.611, 524.703, 524.1004, 23 524.1006, 533D.13, 535.16, 536A.11, 542.17, 542B.20, 543B.45, 24 548.106, 554.10101, 554.10105, 594A.6, 594A.8, 595.4, 600.1, 25 600.14, 600.18, 600A.1, 600A.3, 690.5, 692.14, 692.22, 708.6, 26 708A.3, 709.2, 709.14, 710.2, 710.3, 710.4, 710.6, 714.12, 27 714.13, 718A.6, 729A.5, 804.10, 804.23, 808.6, 820.5, 820.12, 28 820.25, 822.6, 904.311, 904.514, 906.14, 906.15, 907.2, 908.10, 29 908.10A, 909.6, 909.7, and 910.9, Code 2018, in accordance with 30 established section hierarchy and correct internal references 31 in the Code and in any enacted Iowa Acts, as necessary. 32 13. The Code editor may number unnumbered paragraphs within 33 section 96.7, subsection 2, paragraphs “e” and “f”, Code 2018, 34 in accordance with established section hierarchy and correct 35 -80- HF 2348 (3) 87 lh/rj/md 80/ 81