House File 739 - Reprinted HOUSE FILE 739 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO HSB 236) (COMPANION TO LSB 2258SV BY COMMITTEE ON JUDICIARY) (As Amended and Passed by the House March 9, 2021 ) A BILL FOR An Act relating to statutory corrections which may adjust 1 language to reflect current practices, insert earlier 2 omissions, delete redundancies and inaccuracies, delete 3 temporary language, resolve inconsistencies and conflicts, 4 update ongoing provisions, or remove ambiguities, and 5 including retroactive applicability provisions. 6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 7 HF 739 (3) 89 lh/ns/md

H.F. 739 DIVISION I 1 MISCELLANEOUS CHANGES 2 Section 1. Section 7C.12, subsection 2, unnumbered 3 paragraph 1, Code 2021, is amended to read as follows: 4 In addition to the powers and duties specified in sections 5 7C.1 to through 7C.11 , the governor’s designee: 6 Sec. 2. Section 9G.6, subsection 1, Code 2021, is amended 7 to read as follows: 8 1. No patents Patents shall not be issued for any lands 9 belonging to the state, except upon the certificate of the 10 person or officer specially charged with the custody of the 11 same patents , setting forth the appraised value per acre, the 12 name of person to whom sold, the date of sale, the price per 13 acre, the amount paid, the name of the person making final 14 payment, and the name of the person who is entitled to the 15 patent , and, if thus . If a person is entitled by to a patent 16 due to an assignment from the original purchaser, setting 17 the certificate shall set forth fully such the assignment , 18 which certificate and shall be filed and preserved in the land 19 office. 20 Sec. 3. Section 10.1, subsection 17, paragraph b, Code 2021, 21 is amended to read as follows: 22 b. As used in paragraph “a” , a type of membership interest 23 in a limited liability company includes any of the following: 24 (1) (a) A series as provided in chapter 489, article 12 . 25 (b) This subparagraph is repealed on July 1, 2021. 26 (2) A a protected series of a series limited liability 27 company as provided in chapter 489, article 14 . 28 Sec. 4. Section 10.10, subsection 1, paragraph c, 29 subparagraph (2), Code 2021, is amended to read as follows: 30 (2) As used in subparagraph (1), a type of membership 31 interest in a limited liability company includes any of the 32 following: 33 (a) (i) A series as provided in chapter 489, article 12 . 34 (ii) This subparagraph division is repealed on July 1, 2021. 35 -1- HF 739 (3) 89 lh/ns/md 1/ 129

H.F. 739 (b) A a protected series of a series limited liability 1 company as provided in chapter 489, article 14 . 2 Sec. 5. Section 12B.14, Code 2021, is amended to read as 3 follows: 4 12B.14 False statements or reports. 5 Any officer or other person making a false statement or 6 report or in any manner violating any of the provisions 7 of sections 12B.10 to through 12B.13 shall be guilty of a 8 fraudulent practice. 9 Sec. 6. Section 15.108, subsection 1, paragraph b, Code 10 2021, is amended to read as follows: 11 b. Provide staff assistance to the corporation formed under 12 authority of sections 15E.11 to through 15E.16 to receive 13 and disburse funds to further the overall development and 14 well-being of the state. 15 Sec. 7. Section 15.335, subsection 4, paragraph a, Code 16 2021, is amended to read as follows: 17 a. In lieu of the credit amount computed in subsection 2 , an 18 eligible business may elect to compute the credit amount for 19 qualified research expenses incurred in this state in a manner 20 consistent with the alternative simplified credit described in 21 section 41(c)(4) of the Internal Revenue Code. The taxpayer 22 may make this election regardless of the method used for the 23 taxpayer’s federal income tax. The election made under this 24 paragraph is for the tax year and the taxpayer may use another 25 or the same method for any subsequent tax year. 26 Sec. 8. Section 15.335, subsection 8, Code 2021, is amended 27 to read as follows: 28 8. Any credit in excess of the tax liability for the taxable 29 year shall be refunded with interest in accordance with section 30 421.60, subsection 2 , paragraph “e” . In lieu of claiming a 31 refund, a taxpayer may elect to have the overpayment shown on 32 its final, completed return credited to the tax liability for 33 the following tax year. 34 Sec. 9. Section 15.354, subsection 2, paragraph d, Code 35 -2- HF 739 (3) 89 lh/ns/md 2/ 129

H.F. 739 2021, is amended to read as follows: 1 d. An applicant that does not receive a tax incentive award 2 during an application period may make additional applications 3 during subsequent application periods. Such applicant shall 4 be required to submit a new application and , which shall be 5 competitively reviewed and scored in the same manner as other 6 applicants applications in that application period. 7 Sec. 10. Section 20.10, subsection 3, paragraph f, Code 8 2021, is amended to read as follows: 9 f. Violate the provisions of sections 732.1 to through 10 732.3 , which are hereby made applicable to public employers, 11 public employees, and employee organizations. 12 Sec. 11. Section 20.19, subsection 1, Code 2021, is amended 13 to read as follows: 14 1. As the first step in the performance of their duty to 15 bargain, the public employer and the employee organization 16 shall endeavor to agree upon impasse procedures. Such 17 agreement shall provide for implementation of these impasse 18 procedures not later than one hundred twenty days prior to 19 the certified budget submission date of the public employer. 20 However, if public employees represented by the employee 21 organization are teachers licensed under chapter 272 , and the 22 public employer is a school district or area education agency, 23 the agreement shall provide for implementation of impasse 24 procedures not later than one hundred twenty days prior to May 25 31 of the year when the collective bargaining agreement is 26 to become effective. If the public employer is a community 27 college, the agreement shall provide for implementation of 28 impasse procedures not later than one hundred twenty days prior 29 to May 31 of the year when the collective bargaining agreement 30 is to become effective. If the public employer is not subject 31 to the budget certification requirements of section 24.17 and 32 other applicable sections, the agreement shall provide for 33 implementation of impasse procedures not later than one hundred 34 twenty days prior to the date the next fiscal or budget year of 35 -3- HF 739 (3) 89 lh/ns/md 3/ 129

H.F. 739 the public employer commences. If the parties fail to agree 1 upon impasse procedures under the provisions of this section , 2 the impasse procedures provided in sections 20.20 to and 20.22 3 shall apply. 4 Sec. 12. Section 24.3, unnumbered paragraph 1, Code 2021, 5 is amended to read as follows: 6 No A municipality shall not certify or levy in any fiscal 7 year any tax on property subject to taxation unless and until 8 the following estimates have been made, filed, and considered, 9 as hereinafter provided in this chapter : 10 Sec. 13. Section 24.9, subsection 2, Code 2021, is amended 11 to read as follows: 12 2. Budget estimates adopted and certified in accordance 13 with this chapter may be amended and increased as the need 14 arises to permit appropriation and expenditure during the 15 fiscal year covered by the budget of unexpended cash balances 16 on hand at the close of the preceding fiscal year and which 17 cash balances had not been estimated and appropriated for 18 expenditure during the fiscal year of the budget sought to 19 be amended, and also to permit appropriation and expenditure 20 during the fiscal year covered by the budget of amounts of cash 21 anticipated to be available during the year from sources other 22 than taxation and which had not been estimated and appropriated 23 for expenditure during the fiscal year of the budget sought 24 to be amended. Such amendments to budget estimates may be 25 considered and adopted at any time during the fiscal year 26 covered by the budget sought to be amended, by filing the 27 amendments and upon publishing them and giving notice of the 28 public hearing in the manner required in this section . Within 29 ten days of the decision or order of the certifying or levying 30 board, the proposed amendment of the budget is subject to 31 protest, hearing on the protest, appeal to the state appeal 32 board and review by that body, all in accordance with sections 33 24.27 to through 24.32 , so far as applicable. A local budget 34 shall be amended by May 31 of the current fiscal year to allow 35 -4- HF 739 (3) 89 lh/ns/md 4/ 129

H.F. 739 time for a protest hearing to be held and a decision rendered 1 before June 30. An amendment of a budget after May 31 which 2 is properly appealed but without adequate time for hearing 3 and decision before June 30 is void. Amendments to budget 4 estimates accepted or issued under this section are not within 5 section 24.14 . 6 Sec. 14. Section 24.24, Code 2021, is amended to read as 7 follows: 8 24.24 Violations. 9 Failure on the part of a public official to perform any 10 of the duties prescribed in chapter 73A , and this chapter , 11 and sections section 8.39 , and sections 11.1 to , 11.2, 11.4, 12 and 11.5, constitutes a simple misdemeanor, and is sufficient 13 ground for removal from office. 14 Sec. 15. Section 29B.1, Code 2021, is amended to read as 15 follows: 16 29B.1 Persons subject to code —— definitions —— short title . 17 1. This chapter applies to all members of the state military 18 forces performing national guard duty or state active duty, 19 while not on federal active duty. In addition, this chapter 20 applies to all members of the state military forces who commit 21 an offense during travel to or from the member’s duty location 22 or during intervals between consecutive periods of duty on the 23 same day or on consecutive days in which the victim of the 24 offense is another member of the state military forces. 25 2. As used in this chapter , unless the context otherwise 26 requires , “state military forces” has the same meaning as in 27 section 29A.6 , and “code” : 28 a. “Code” means this chapter , which may be cited as the 29 “Iowa Code of Military Justice” . 30 b. “State military forces” means the same as defined in 31 section 29A.6. 32 3. This chapter may be cited as the “Iowa Code of Military 33 Justice” . 34 Sec. 16. Section 34A.2, subsections 8 and 14, Code 2021, are 35 -5- HF 739 (3) 89 lh/ns/md 5/ 129

H.F. 739 amended to read as follows: 1 8. “Competitive local exchange service provider” means the 2 same as defined in section 476.96 any person, including a 3 municipal utility, that provides local exchange services, other 4 than a local exchange carrier or a non-rate-regulated wireline 5 provider of local exchange services under an authorized 6 certificate of public convenience and necessity within a 7 specific geographic area described in maps filed with and 8 approved by the Iowa utilities board as of September 30, 1992 . 9 14. “Local exchange carrier” means the same as defined in 10 section 476.96 any person that was the incumbent and historical 11 rate-regulated wireline provider of local exchange services 12 or any successor to such person that provides local exchange 13 services under an authorized certificate of public convenience 14 and necessity within a specific geographic area described in 15 maps filed with and approved by the Iowa utilities board as of 16 September 30, 1992 . 17 Sec. 17. Section 35C.4, Code 2021, is amended to read as 18 follows: 19 35C.4 Mandamus —— judicial review. 20 A refusal to allow said the preference granted under this 21 chapter , or a reduction of the salary for said a position 22 with intent to bring about the resignation or discharge of 23 the incumbent, shall entitle the applicant or incumbent, as 24 the case may be, to maintain an action of mandamus to right 25 the wrong. At their election such parties The applicant or 26 incumbent may elect , in the alternative, to maintain an action 27 for judicial review in accordance with the terms of the Iowa 28 administrative procedure Act, chapter 17A , if that is otherwise 29 applicable to their case. An action of mandamus shall be filed 30 by an applicant or incumbent within three hundred days after 31 a refusal to allow said the preference, or a reduction of the 32 salary for said a position with intent to bring about the 33 resignation or discharge of the incumbent. 34 Sec. 18. Section 37.26, Code 2021, is amended to read as 35 -6- HF 739 (3) 89 lh/ns/md 6/ 129

H.F. 739 follows: 1 37.26 General powers. 2 For the purpose of carrying out the provisions of sections 3 37.22 to through 37.25 , the commission shall have authority to 4 receive and to convey title to real estate, to take mortgage or 5 other security and to release or transfer the same. 6 Sec. 19. Section 37.27, Code 2021, is amended to read as 7 follows: 8 37.27 Nursing homes with memorial hospitals. 9 If a memorial building has been constructed for the purpose 10 of a hospital pursuant to this chapter , additions for hospital 11 purposes, and nursing homes to be operated in conjunction 12 with the hospital may be erected or acquired by following the 13 procedure outlined in chapter 347 and by issuing general county 14 purpose bonds in accordance with sections 331.441 to through 15 331.449 , with the commissioners acting in the same manner and 16 fashion as the hospital trustees under chapter 347 , and with 17 the procedure in all other respects to be identical. 18 Sec. 20. Section 43.3, Code 2021, is amended to read as 19 follows: 20 43.3 Offices affected by primary. 21 Candidates of all political parties for all offices which 22 are filled at a regular biennial election by direct vote of the 23 people shall be nominated at a primary election at the time and 24 in the manner hereinafter directed in this chapter . 25 Sec. 21. Section 43.13, Code 2021, is amended to read as 26 follows: 27 43.13 Failure to file nomination papers. 28 The name of a candidate for any office named in section 29 43.11 shall not be printed on the official primary ballot of 30 the candidate’s party unless nomination papers are filed as 31 therein provided in section 43.11 except as otherwise permitted 32 by section 43.23 . 33 Sec. 22. Section 43.46, Code 2021, is amended to read as 34 follows: 35 -7- HF 739 (3) 89 lh/ns/md 7/ 129

H.F. 739 43.46 Delivering returns. 1 The precinct election officials shall deliver all election 2 supplies, by noon of the day after the close of the polls, to 3 the commissioner who shall carefully preserve them and deliver 4 the returns in the condition in which received except as is 5 otherwise required by sections 50.20 to through 50.22 , to the 6 county board of supervisors. 7 Sec. 23. Section 43.108, Code 2021, is amended to read as 8 follows: 9 43.108 Organization of state convention —— proxies 10 prohibited. 11 The convention shall be called to order by the chairperson 12 of the state central committee, or that individual’s designee , 13 who shall thereupon present a list of delegates, as certified 14 by the various county conventions, and effect a temporary 15 organization. If any county shall is not be fully represented, 16 the delegates present from such that county shall cast the full 17 vote thereof of the county if the rules of the convention , or 18 party bylaws or constitution so allow, and there shall be no 19 proxies. 20 Sec. 24. Section 44.10, Code 2021, is amended to read as 21 follows: 22 44.10 Effect of withdrawal. 23 No The name so of a candidate who has withdrawn the 24 candidate’s nomination as provided in section 44.9 shall not be 25 printed on the official ballot under such that nomination. 26 Sec. 25. Section 48A.5, subsection 4, paragraph a, Code 27 2021, is amended to read as follows: 28 a. Comply with all applicable requirements of sections 53.37 29 to through 53.53 relating to absentee ballots for members of 30 the armed forces and other citizens living outside the United 31 States. 32 Sec. 26. Section 54.8, subsection 2, Code 2021, is amended 33 to read as follows: 34 2. Except as otherwise provided by law of this state outside 35 -8- HF 739 (3) 89 lh/ns/md 8/ 129

H.F. 739 of this chapter , each elector shall present both completed 1 ballots to the state commissioner who shall examine the ballots 2 and accept and cast all ballots of electors whose votes are 3 consistent with their pledges executed under section 54.5 4 or 54.7 . Except as otherwise provided by law of this state 5 outside of this chapter , the state commissioner shall not 6 accept and shall not count an elector’s presidential and vice 7 presidential ballots if the elector has not marked both ballots 8 or has marked one a ballot in violation of the elector’s 9 pledge. 10 Sec. 27. Section 74.2, Code 2021, is amended to read as 11 follows: 12 74.2 Endorsement and interest. 13 1. If a warrant other than an anticipatory warrant is 14 presented for payment, and is not paid for want of funds, or 15 is only partially paid, the treasurer shall endorse the fact 16 thereon on the warrant , with the date of presentation, and 17 sign the endorsement , and thereafter the . After the date of 18 presentation, the warrant or the balance due thereon, on the 19 warrant shall bear interest at the rate specified in section 20 74A.2 . 21 2. An anticipatory warrant issued under the authority 22 of section 74.1, subsection 1 , shall bear interest at a rate 23 determined by the issuing governmental body, but not exceeding 24 that permitted by chapter 74A . 25 Sec. 28. Section 80.4, subsection 3, Code 2021, is amended 26 to read as follows: 27 3. The aforesaid allocation of duties described in this 28 section shall not be interpreted to prevent flexibility in 29 interdepartmental operations or to forbid other divisional 30 allocations of duties in the discretion of the commissioner. 31 Sec. 29. Section 80.5, subsection 1, Code 2021, is amended 32 to read as follows: 33 1. It shall be the duty of the department to prevent crime, 34 to detect and apprehend criminals, and to enforce such other 35 -9- HF 739 (3) 89 lh/ns/md 9/ 129

H.F. 739 laws as are hereinafter specified. 1 Sec. 30. Section 80.9A, subsection 6, unnumbered paragraph 2 1, Code 2021, is amended to read as follows: 3 A peace officer of the department shall not exercise the 4 general powers of a peace officer within the limits of any 5 city, except as follows: 6 Sec. 31. Section 80B.13, subsections 3 and 9, Code 2021, are 7 amended to read as follows: 8 3. Issue certificates to law enforcement officers , reserve 9 peace officers, and jailers who have met the requirements of 10 this chapter and rules adopted under chapter 17A relative to 11 hiring and training standards. 12 9. In accordance with chapter 17A , conduct investigations, 13 hold hearings, appoint administrative law judges, administer 14 oaths, and issue subpoenas enforceable in district court on 15 matters relating to the revocation or suspension of a law 16 enforcement officer’s or reserve peace officer’s certification. 17 Sec. 32. Section 84A.2, subsection 5, paragraph c, Code 18 2021, is amended to read as follows: 19 c. Sections 1 to through 13 of the federal Wagner-Peyser 20 Act, as codified at 29 U.S.C. §49 et seq., relating to 21 employment services. 22 Sec. 33. Section 85.31, subsection 3, Code 2021, is amended 23 to read as follows: 24 3. If the employee leaves dependents only partially 25 dependent upon the employee’s earnings for support at the time 26 of the injury, the weekly compensation to be paid as aforesaid, 27 provided in subsections 1 and 2 shall be equal to the same 28 proportion of the weekly payments for the benefit of persons 29 wholly dependent as the amount contributed by the employee to 30 such partial dependents bears to the annual earnings of the 31 deceased at the time of the injury. 32 Sec. 34. Section 85.34, subsection 2, paragraph v, Code 33 2021, is amended to read as follows: 34 v. In all cases of permanent partial disability other than 35 -10- HF 739 (3) 89 lh/ns/md 10/ 129

H.F. 739 those hereinabove described or referred to in paragraphs “a” 1 through “u” hereof , the compensation shall be paid during 2 the number of weeks in relation to five hundred weeks as the 3 reduction in the employee’s earning capacity caused by the 4 disability bears in relation to the earning capacity that the 5 employee possessed when the injury occurred. A determination 6 of the reduction in the employee’s earning capacity caused 7 by the disability shall take into account the permanent 8 partial disability of the employee and the number of years in 9 the future it was reasonably anticipated that the employee 10 would work at the time of the injury. If an employee who 11 is eligible for compensation under this paragraph returns to 12 work or is offered work for which the employee receives or 13 would receive the same or greater salary, wages, or earnings 14 than the employee received at the time of the injury, the 15 employee shall be compensated based only upon the employee’s 16 functional impairment resulting from the injury, and not in 17 relation to the employee’s earning capacity. Notwithstanding 18 section 85.26, subsection 2 , if an employee who is eligible 19 for compensation under this paragraph returns to work with the 20 same employer and is compensated based only upon the employee’s 21 functional impairment resulting from the injury as provided 22 in this paragraph and is terminated from employment by that 23 employer, the award or agreement for settlement for benefits 24 under this chapter shall be reviewed upon commencement of 25 reopening proceedings by the employee for a determination of 26 any reduction in the employee’s earning capacity caused by the 27 employee’s permanent partial disability. 28 Sec. 35. Section 85.37, subsection 1, Code 2021, is amended 29 to read as follows: 30 1. If an employee receives a personal injury causing 31 temporary total disability, or causing a permanent partial 32 disability for which compensation is payable during a healing 33 period, compensation for the temporary total disability or for 34 the healing period shall be upon the basis provided in this 35 -11- HF 739 (3) 89 lh/ns/md 11/ 129

H.F. 739 section . The weekly benefit amount payable to any employee 1 for any one week shall be upon the basis of eighty percent of 2 the employee’s weekly spendable earnings, but shall not exceed 3 an amount, rounded to the nearest dollar, equal to sixty-six 4 and two-thirds two hundred percent of the statewide average 5 weekly wage paid employees as determined by the department 6 of workforce development under section 96.1A, subsection 35 , 7 and in effect at the time of the injury. However, as of July 8 1, 1981, the maximum weekly benefit amount rounded to the 9 nearest dollar shall be increased so that it equals two hundred 10 percent of the statewide average weekly wage as determined 11 in this section . Total weekly compensation for any employee 12 shall not exceed eighty percent per week of the employee’s 13 weekly spendable earnings. The minimum weekly benefit amount 14 shall be equal to the weekly benefit amount of a person whose 15 gross weekly earnings are thirty-five percent of the statewide 16 average weekly wage, or to the spendable weekly earnings of the 17 employee, whichever are less. 18 Sec. 36. Section 85.61, subsection 1, Code 2021, is amended 19 to read as follows: 20 1. The word “court” wherever used in this chapter and 21 chapters 86 and 87 , unless the context shows otherwise, shall 22 be taken to mean means the district court. 23 Sec. 37. Section 85.61, subsection 11, paragraph b, Code 24 2021, is amended to read as follows: 25 b. The term “worker” or “employee” shall include the 26 singular and plural. Any reference to a worker or employee 27 who has been injured shall, when such worker or employee is 28 dead, include the worker’s or employee’s dependents as herein 29 defined in this chapter or the worker’s or employee’s legal 30 representatives; and where the worker or employee is a minor 31 or incompetent, it shall include the minor’s or incompetent’s 32 incompetent person’s guardian, next friend, or trustee. 33 Notwithstanding any law prohibiting the employment of minors, 34 all minor employees shall be entitled to the benefits of this 35 -12- HF 739 (3) 89 lh/ns/md 12/ 129

H.F. 739 chapter and chapters 86 and 87 regardless of the age of such 1 minor employee. 2 Sec. 38. Section 85.65A, subsection 2, Code 2021, is amended 3 to read as follows: 4 2. Prior to July 1 of each fiscal year commencing on or 5 after July 1, 1999 , the commissioner of insurance shall conduct 6 an examination of the outstanding liabilities of the second 7 injury fund and shall make a determination as to whether 8 sufficient funds will be available in the second injury fund 9 to pay the liabilities of the fund for each of the next two 10 fiscal years. If the commissioner of insurance determines 11 sufficient funds will be available, the commissioner shall not 12 impose a surcharge on employers during the next succeeding 13 fiscal year. If the commissioner determines sufficient funds 14 will not be available, the commissioner shall impose by rule, 15 pursuant to chapter 17A , a surcharge on employers during the 16 next succeeding fiscal year for payment to the treasurer of 17 state for the second injury fund pursuant to the requirements 18 of this section . 19 Sec. 39. Section 85A.3, Code 2021, is amended to read as 20 follows: 21 85A.3 Employees covered. 22 All employees as defined by the workers’ compensation law of 23 Iowa employed in any business or industrial process hereinafter 24 designated and described in this chapter and who in the course 25 of their employment are exposed to an occupational disease as 26 herein defined in this chapter are subject to the provisions of 27 this chapter . 28 Sec. 40. Section 85A.11, subsections 1 and 2, Code 2021, are 29 amended to read as follows: 30 1. When If any employee is clinically diagnosed as having 31 brucellosis (undulant fever) , it the employee shall not be 32 considered that the employee has to have the disease unless the 33 clinical diagnosis is confirmed by either of the following : 34 a. A positive blood culture for brucella organisms , or . 35 -13- HF 739 (3) 89 lh/ns/md 13/ 129

H.F. 739 b. A positive agglutination test which must be verified 1 by not less than two successive positive agglutination tests, 2 each of which tests shall be positive in a titer of one to one 3 hundred sixty or higher. Said The subsequent agglutination 4 tests must be made of specimens taken not less than seven nor 5 more than ten days after each preceding test. 6 2. The specimens for the tests required herein by this 7 section must be taken by a licensed practicing physician or 8 osteopathic physician, and immediately delivered to the state 9 hygienic laboratory of the Iowa department of public health 10 at Iowa City , and each such . Each specimen shall be in a 11 container upon which is plainly printed the name and address 12 of the subject, the date when the specimen was taken, the name 13 and address of the subject’s employer , and a certificate by the 14 physician or osteopathic physician that the physician took the 15 specimen from the named subject on the date stated over the 16 physician’s signature and address. 17 Sec. 41. Section 85A.13, subsection 3, Code 2021, is amended 18 to read as follows: 19 3. Pneumoconiosis complicated with other diseases. In case 20 of disability or death from pneumoconiosis complicated with 21 tuberculosis of the lungs, compensation shall be payable as 22 for uncomplicated pneumoconiosis, provided, however, that 23 the pneumoconiosis was an essential factor in causing such 24 disability or death. In case of disability or death from 25 pneumoconiosis complicated with any other disease, or from any 26 other disease complicated with pneumoconiosis, the compensation 27 shall be reduced as herein provided in this chapter . 28 Sec. 42. Section 86.12, subsection 1, Code 2021, is amended 29 to read as follows: 30 1. The workers’ compensation commissioner may require any 31 employer to supply the information required by section 86.10 32 or to file a report required by section 86.11 or 86.13 or by 33 agency rule, by written demand sent to the employer’s last 34 known address. Upon failure to supply such information or file 35 -14- HF 739 (3) 89 lh/ns/md 14/ 129

H.F. 739 such report within thirty days, the employer may be ordered to 1 appear and show cause why the employer should not be subject to 2 assessment of one thousand dollars for each occurrence. Upon 3 such hearing, the workers’ compensation commissioner shall 4 enter a finding of fact and may enter an order requiring such 5 assessment to be paid into the second injury fund created by 6 sections 85.63 to through 85.69 . In the event the assessment 7 is not voluntarily paid within thirty days, the workers’ 8 compensation commissioner may file a certified copy of such 9 finding and order with the clerk of the court for the district 10 in which the employer maintains a place of business. If 11 the employer maintains no place of business in this state, 12 service shall be made as provided in chapter 85 for nonresident 13 employers. In such case the finding and order may be filed in 14 any court of competent jurisdiction within this state. 15 Sec. 43. Section 89A.2, subsection 1, paragraph f, 16 unnumbered paragraph 1, Code 2021, is amended to read as 17 follows: 18 A conveyance An elevator installed in a building in a 19 federally designated national historic district as long as each 20 of the following conditions is met: 21 Sec. 44. Section 89A.2, subsection 2, Code 2021, is amended 22 to read as follows: 23 2. Provisions of this chapter supersede conflicting 24 provisions contained in building codes of this state or any 25 subdivision thereof of this state . 26 Sec. 45. Section 89A.6, subsections 4 and 6, Code 2021, are 27 amended to read as follows: 28 4. The inspections required by subsections 1 to through 29 3 shall be made only by inspectors or special inspectors. 30 An inspection by a special inspector may be accepted by the 31 commissioner in lieu of a required inspection by an inspector. 32 6. In addition to the inspections required by subsections 33 1 to through 3, the safety board may provide by rule for 34 additional inspections as the safety board deems necessary to 35 -15- HF 739 (3) 89 lh/ns/md 15/ 129

H.F. 739 enforce the provisions of this chapter . 1 Sec. 46. Section 91A.12, subsection 1, Code 2021, is amended 2 to read as follows: 3 1. Any employer who violates the provisions of this chapter 4 or the rules promulgated under it shall be subject to a civil 5 money penalty of not more than five hundred dollars per pay 6 period for each violation. The commissioner may recover such 7 civil money penalty according to the provisions of subsections 8 2 to through 5 . Any civil money penalty recovered shall be 9 deposited in the general fund of the state. 10 Sec. 47. Section 96.9, subsection 4, paragraph b, Code 2021, 11 is amended to read as follows: 12 b. Money requisitioned as provided herein in this subsection 13 for the payment of expenses of administration shall be 14 deposited in the employment security administration fund, 15 but, until expended, shall remain a part of the unemployment 16 compensation fund. The treasurer of state shall maintain a 17 separate record of the deposit, obligation, expenditure, and 18 return of funds so deposited. Any money so deposited which 19 either will not be obligated within the period specified by 20 the appropriation law or remains unobligated at the end of 21 the period, and any money which has been obligated within the 22 period but will not be expended, shall be returned promptly to 23 the account of this state in the unemployment trust fund. 24 Sec. 48. Section 96.26, Code 2021, is amended to read as 25 follows: 26 96.26 Moneys received. 27 The department is authorized to accept, receive, and receipt 28 for all moneys received from the United States for the payments 29 authorized by sections section 96.25 to , this section, section 30 96.27, and section 96.28 for lands and buildings and to comply 31 with any rules made under the Social Security Act or the 32 Wagner-Peyser Act. 33 Sec. 49. Section 96.28, Code 2021, is amended to read as 34 follows: 35 -16- HF 739 (3) 89 lh/ns/md 16/ 129

H.F. 739 96.28 Deposit of funds. 1 All moneys received from the United States for the payments 2 authorized by sections 96.25 to through 96.27 for lands 3 and buildings shall be deposited in the employment security 4 administration fund in the state treasury and are appropriated 5 therefrom for the purposes of this chapter . 6 Sec. 50. Section 97.50, subsections 1 and 2, Code 2021, are 7 amended to read as follows: 8 1. Any person being paid any benefits under the provisions 9 of sections 97.13 to through 97.18 , Code 1950, as amended, as 10 of June 30, 1953, shall continue to receive such benefits as 11 though that chapter had not been repealed. 12 2. Any person who became entitled to any benefits under 13 the provisions of sections 97.13 to through 97.19 , Code 1950, 14 as amended, through the retirement or death of any person 15 prior to June 30, 1953, shall be paid the same benefits upon 16 proper application, subsequent to June 30, 1953, as though that 17 chapter had not been repealed. 18 Sec. 51. Section 97.53, Code 2021, is amended to read as 19 follows: 20 97.53 Rule of construction. 21 As used in sections 97.50 to through 97.52 , unless clearly 22 indicated by the context to the contrary, all references to 23 employment or service refer to employment or service in Iowa 24 public employment. 25 Sec. 52. Section 97B.1A, subsection 1, Code 2021, is amended 26 to read as follows: 27 1. “Abolished system” means the Iowa old-age and survivors’ 28 insurance system repealed by sections 97.50 to through 97.53 . 29 Sec. 53. Section 97B.43, subsection 1, Code 2021, is amended 30 to read as follows: 31 1. Each member in service on July 4, 1953, who made 32 contributions under the abolished system, and who has not 33 applied for and qualified for benefit payments under the 34 abolished system, shall receive credit for years of prior 35 -17- HF 739 (3) 89 lh/ns/md 17/ 129

H.F. 739 service in the determination of retirement allowance payments 1 under this chapter , if the member elects to become a member on 2 or before October 1, 1953, the member has not made application 3 for a refund of the part of the member’s contributions under 4 the abolished system which are payable under sections 97.50 5 to through 97.53 , and the member gives written authorization 6 prior to October 1, 1953, to the commission to credit to the 7 retirement fund the amount of the member’s contribution which 8 would be subject to a claim for refund. The amount so credited 9 shall, after transfer, be considered as a contribution to the 10 retirement system made as of July 4, 1953, by the member and 11 shall be included in the determination of the amount of moneys 12 payable under this chapter . However, an employee who was under 13 a contract of employment as a teacher in the public schools of 14 the state of Iowa at the end of the school year 1952-1953, or 15 any person covered by section 97B.1A, subsection 20 , paragraph 16 “c” or “d” , shall be considered as in service as of July 4, 17 1953, if they were members of the abolished system. 18 Sec. 54. Section 97B.56, Code 2021, is amended to read as 19 follows: 20 97B.56 Abolished system —— liquidation fund. 21 The assets of the old-age and survivors’ liquidation fund, 22 established by sections 97.50 to through 97.53 and any future 23 payments or assets payable to the old-age and survivors’ 24 liquidation fund, are hereby transferred to the retirement 25 fund, and all payments hereafter due in accordance with the 26 provisions of said sections shall be paid from the retirement 27 fund. 28 Sec. 55. Section 99.1A, Code 2021, is amended to read as 29 follows: 30 99.1A Houses of prostitution or other nuisances. 31 1. Whoever shall erect, establish, continue, maintain, use, 32 own, or lease A person who erects, establishes, continues, 33 maintains, uses, owns, or leases any building, erection, or 34 place used for the purpose of prostitution or gambling, except 35 -18- HF 739 (3) 89 lh/ns/md 18/ 129