Senate File 405 - Introduced
SENATE FILE
BY COMMITTEE ON JUDICIARY
(SUCCESSOR TO SSB
1132)
(COMPANION TO lsb
2124hv by committee on
judiciary)
A BILL FOR
1 An Act relating to statutory corrections which may adjust
2 language to reflect current practices, insert earlier
3 omissions, delete redundancies and inaccuracies, delete
4 temporary language, resolve inconsistencies and conflicts,
5 update ongoing provisions, or remove ambiguities, and
6 including effective date provisions.
7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
TLSB 2124SV (1) 87
lh/rj
PAG LIN
1 1 DIVISION I
1 2 MISCELLANEOUS CHANGES
1 3 Section 1. Section 2.48, subsection 3, paragraph d,
1 4 subparagraph (2), Code 2017, is amended to read as follows:
1 5 (2) Historic preservation and cultural and entertainment
1 6 district tax credits under chapter 404A.
1 7 Sec. 2. Section 2.48, subsection 3, paragraph h, Code 2017,
1 8 is amended by striking the paragraph.
1 9 Sec. 3. Section 7A.1, Code 2017, is amended to read as
1 10 follows:
1 11 7A.1 Official reports ==== preparation.
1 12 1. State officials, boards, commissions, and heads of
1 13 departments shall prepare and file written official reports, in
1 14 simple language and in the most concise form consistent with
1 15 clearness and comprehensiveness of matter, required by law or
1 16 by the governor.
1 17 2. Before filing any report its, the author shall
1 18 carefully edit the same and the report. The author shall
1 19 strike therefrom from the report all minutes of proceedings,
1 20 and all correspondence, petitions, orders, and other matter
1 21 which can be briefly stated, or which is not important
1 22 information concerning public affairs, and consolidate so far
1 23 as practicable all statistical tables.
1 24 3. Any report failing to comply substantially with this
1 25 section shall be returned to its author for correction, and
1 26 until made so to comply shall not be printed.
1 27 4. This section shall not be construed as depriving the
1 28 director of the department of administrative services of the
1 29 right to edit and revise said the report.
1 30 Sec. 4. Section 7E.3, subsection 5, Code 2017, is amended
1 31 to read as follows:
1 32 5. Adults Persons not lawfully present. Unless expressly
1 33 authorized by federal or state law, ensure that the public
1 34 benefits administered by the department or independent agency
1 35 are not provided to persons who are not lawfully present in the
2 1 United States.
2 2 Sec. 5. Section 9C.1, Code 2017, is amended to read as
2 3 follows:
2 4 9C.1 Definitions ==== presumption ==== applicability.
2 5 1. The As used in this chapter, the term "transient
2 6 merchant" as used herein shall mean and include every merchant,
2 7 whether an individual person, a firm, corporation, partnership
2 8 or association, and whether owner, agent, bailee, consignee or
2 9 employee, who shall bring or cause to be brought within the
2 10 state of Iowa any goods, wares or merchandise of any kind,
2 11 nature or description, with the intention of temporarily or
2 12 intermittently selling or offering to sell at retail such
2 13 goods, wares or merchandise within the state of Iowa. The term
2 14 "transient merchant" shall also mean and include every merchant,
2 15 whether an individual person, a firm, corporation, partnership
2 16 or an association, who shall by itself, or by agent, consignee
2 17 or employee temporarily or intermittently engage in or conduct
2 18 at one or more locations a business within the state of Iowa
2 19 for the sale at retail of any goods, wares or merchandise of
2 20 any nature or description.
2 21 2. A merchant engaging in business shall be presumed to
2 22 be temporarily or intermittently in business unless it is the
2 23 intention of such merchant to remain continuously in business
2 24 at each location where the merchant is engaged in business
2 25 within the state of Iowa as a merchant for a period of more than
2 26 sixty days.
2 27 3. The provisions of this chapter shall not be construed
2 28 to apply to persons selling at wholesale to merchants, nor to
2 29 transient vendors of drugs, nor to persons running a huckster
2 30 wagon, or selling or distributing livestock feeds, fresh meats,
2 31 fish, fruit, or vegetables, nor to persons selling their own
2 32 work or production either by themselves or employees.
2 33 Sec. 6. Section 9C.2, Code 2017, is amended to read as
2 34 follows:
2 35 9C.2 License required.
3 1 It shall be unlawful for any transient merchant as herein
3 2 defined, to sell, dispose of, or offer for sale any goods,
3 3 wares or merchandise of any kind, nature or description, at
3 4 any time or place within the state of Iowa, outside the limits
3 5 of any city in the state of Iowa, or within the limits of any
3 6 city in the state of Iowa that has not by ordinance provided
3 7 for the licensing of transient merchants, unless such transient
3 8 merchant, as herein defined, shall have has a valid license as
3 9 herein provided in this chapter and shall have has complied
3 10 with the regulations herein set forth in this chapter.
3 11 Sec. 7. Section 9C.3, unnumbered paragraph 1, Code 2017, is
3 12 amended to read as follows:
3 13 Any transient merchant as defined herein, desiring a
3 14 transient merchant's license shall at least ten days prior
3 15 to the first day any sale is made, file with the secretary
3 16 of state of the state of Iowa an application in writing duly
3 17 verified by the person, firm, corporation, partnership or
3 18 association proposing to sell or offer to sell at retail any
3 19 goods, wares or merchandise, or to engage in or conduct a
3 20 temporary or intermittent business for the sale at retail of
3 21 any goods, wares or merchandise, which. The application shall
3 22 state the following facts:
3 23 Sec. 8. Section 9C.4, Code 2017, is amended to read as
3 24 follows:
3 25 9C.4 Bond required ==== applicability ==== forfeiture.
3 26 1. At the time and as part of filing said the application
3 27 and as a part thereof, the applicant shall file with the
3 28 secretary of state a bond, with sureties to be approved by the
3 29 secretary of state, in a penal sum two times the value of the
3 30 goods, wares or merchandise to be sold or offered for sale or
3 31 the average inventory to be carried by such transient merchant
3 32 engaged in or conducting an intermittent or temporary business
3 33 as the case may be as shown by the application, running to the
3 34 state of Iowa, for the use and benefit of any purchaser of
3 35 any merchandise from such transient merchant who might have
4 1 a cause of action of any nature arising from or out of such
4 2 sale against the applicant or the owner of such merchandise if
4 3 other than the applicant; the. The bond to shall be further
4 4 conditioned on the payment by the applicant of all taxes that
4 5 may be payable by, or due from, the applicant to the state
4 6 of Iowa or any subdivision thereof, the bond to and shall be
4 7 further conditioned for the payment of any fines that may be
4 8 assessed by any court against the applicant for violation of
4 9 the provision of this chapter, and further conditioned as well
4 10 as for the payment and satisfaction of any and all causes of
4 11 action against the applicant commenced within one year from the
4 12 date of sale thereof, and arising from such sale, provided,
4 13 however, that. However, the aggregate liability of the surety
4 14 for all such taxes, fines, and causes of action shall in no
4 15 event exceed the principal sum of such bond.
4 16 2. In such bond the applicant and surety shall appoint the
4 17 secretary of state, the agent of the applicant and surety for
4 18 the service of process. In the event of such service, the
4 19 agent upon whom such service is made shall within five days
4 20 after the date of service, mail by ordinary mail a true copy of
4 21 the process served upon the agent to each party for whom the
4 22 agent is served, addressed to the last known address of such
4 23 party. Failure to so mail said the copy shall not, however,
4 24 affect the jurisdiction of the court.
4 25 3. Such bond shall contain the consent of the applicant
4 26 and surety that the district court of the county in which
4 27 the plaintiff may reside or Polk county, Iowa, shall have
4 28 jurisdiction of all actions against the applicant or surety,
4 29 or both, arising out of the sale. The state of Iowa, or any
4 30 subdivision thereof, or any person having a cause of action
4 31 against the applicant or surety arising out of said sale may
4 32 join the applicant and surety on such bond in the same action,
4 33 or may in such action sue either the applicant or the surety
4 34 alone.
4 35 4. The requirements of this section also apply to transient
5 1 merchants who are licensed in accordance with an ordinance of a
5 2 city in the state of Iowa.
5 3 5. Notwithstanding the above provisions subsections 1
5 4 through 4, the bond provided for in this section shall be
5 5 forfeited to the state of Iowa upon the applicant's failure to
5 6 pay the total of all taxes payable by or due from the applicant
5 7 to the state which taxes are administered by the department of
5 8 revenue. The department shall adopt administrative rules for
5 9 the collection of the forfeiture. Notice shall be provided
5 10 to the surety and to the applicant. Notice to the applicant
5 11 shall be mailed to the applicant's last known address. The
5 12 applicant or the surety shall have the opportunity to apply
5 13 to the director of revenue for a hearing within thirty days
5 14 after the giving of such notice. Upon the failure to timely
5 15 request a hearing, the bond shall be forfeited. If, after
5 16 the hearing upon timely request, the director finds that the
5 17 applicant has failed to pay the total of all taxes payable
5 18 and the bond is forfeited, the director shall order the bond
5 19 forfeited. The amount of the forfeiture shall be the amount
5 20 of taxes payable or the amount of the bond. The surety
5 21 shall not have standing to contest the amount of any taxes
5 22 payable. For purposes of this section, "taxes payable" means
5 23 all tax, penalties, interest, and fees that the department has
5 24 previously determined to be due by assessment or in an appeal
5 25 of an assessment.
5 26 Sec. 9. Section 9E.3, subsection 1, paragraph b, unnumbered
5 27 paragraph 1, Code 2017, is amended to read as follows:
5 28 A statement by the applicant that the applicant has good
5 29 reason to believe any of the following:
5 30 Sec. 10. Section 9E.3, subsection 3, Code 2017, is amended
5 31 to read as follows:
5 32 3. Certification. Upon the filing of a complete
5 33 application, the secretary shall certify the eligible person
5 34 as a program participant. A program participant shall be
5 35 certified for four years following the date the application
6 1 is certified by the secretary unless the certification is
6 2 canceled, withdrawn, or invalidated. The secretary shall
6 3 establish by rule a renewal procedure for recertification.
6 4 Sec. 11. Section 12.8, subsection 1, Code 2017, is amended
6 5 to read as follows:
6 6 1. The treasurer of state shall invest or deposit, subject
6 7 to chapters 12F, and 12H, and 12J and as provided by law,
6 8 any of the public funds not currently needed for operating
6 9 expenses and shall do so upon receipt of monthly notice from
6 10 the director of the department of administrative services of
6 11 the amount not so needed. In the event of loss on redemption
6 12 or sale of securities invested as prescribed by law, and if
6 13 the transaction is reported to the executive council, neither
6 14 the treasurer nor director of the department of administrative
6 15 services is personally liable but the loss shall be charged
6 16 against the funds which would have received the profits or
6 17 interest of the investment and there is appropriated from the
6 18 funds the amount so required.
6 19 Sec. 12. Section 12.71, subsection 1, Code 2017, is amended
6 20 to read as follows:
6 21 1. The treasurer of state may issue bonds upon the request
6 22 of the vision Iowa board created in section 15F.102, Code 2016,
6 23 and do all things necessary with respect to the purposes of the
6 24 vision Iowa fund. The treasurer of state shall have all of
6 25 the powers which are necessary to issue and secure bonds and
6 26 carry out the purposes of the fund. The treasurer of state may
6 27 issue bonds in principal amounts which, in the opinion of the
6 28 board, are necessary to provide sufficient funds for the vision
6 29 Iowa fund created in section 12.72, the payment of interest
6 30 on the bonds, the establishment of reserves to secure the
6 31 bonds, the costs of issuance of the bonds, other expenditures
6 32 of the treasurer of state incident to and necessary or
6 33 convenient to carry out the bond issue for the fund, and all
6 34 other expenditures of the board necessary or convenient to
6 35 administer the fund; provided, however, excluding the issuance
7 1 of refunding bonds, bonds issued pursuant to this section shall
7 2 not be issued in an aggregate principal amount which exceeds
7 3 three hundred million dollars. The bonds are investment
7 4 securities and negotiable instruments within the meaning of and
7 5 for purposes of the uniform commercial code, chapter 554.
7 6 Sec. 13. Section 12B.10, subsection 5, paragraph a,
7 7 subparagraph (7), subparagraph division (a), unnumbered
7 8 paragraph 1, Code 2017, is amended to read as follows:
7 9 A joint investment trust organized pursuant to chapter 28E
7 10 prior to and existing in good standing on the effective date
7 11 of this Act or a joint investment trust organized pursuant
7 12 to chapter 28E after April 28, 1992, provided that the joint
7 13 investment trust shall be one of the following:
7 14 Sec. 14. Section 12B.12, Code 2017, is amended to read as
7 15 follows:
7 16 12B.12 Duty of examining officer.
7 17 It shall be the duty of the officer or officers making such
7 18 a settlement described under section 12B.11 to see that the
7 19 amount of securities and money produced and counted, together
7 20 with the amounts so certified by the legally designated
7 21 depositories, agrees with the balance with which such treasurer
7 22 should be charged, and the officer shall make a report in
7 23 writing of any such settlement or examination, and attach
7 24 thereto the certified statement of all such depositories.
7 25 Sec. 15. Section 12B.13, Code 2017, is amended to read as
7 26 follows:
7 27 12B.13 Report of settlement filed.
7 28 The report of any such settlement under section 12B.11 with
7 29 the treasurer of state shall be filed in the office of the
7 30 director of the department of management, and the. The report
7 31 of a settlement under section 12B.11 with a county treasurer
7 32 shall be filed with the auditor of the county.
7 33 Sec. 16. Section 15F.103, subsection 6, Code 2017, is
7 34 amended by striking the subsection.
7 35 Sec. 17. Section 16.28, subsection 2, paragraph b, Code
8 1 2017, is amended to read as follows:
8 2 b. The bondholders or noteholders, to the extent provided
8 3 in the resolution by which the bonds or notes were issued or
8 4 in their agreement with the authority, may enforce any of the
8 5 remedies in paragraph "a", subparagraphs (1) to through (5) or
8 6 the remedies provided in those agreements for and on their own
8 7 behalf.
8 8 Sec. 18. Section 16.50, subsection 3, paragraph b,
8 9 subparagraph (1), Code 2017, is amended to read as follows:
8 10 (1) Projects that are eligible for historic preservation
8 11 and cultural and entertainment district tax credits under
8 12 chapter 404A.
8 13 Sec. 19. Section 17A.6A, subsection 2, paragraph c, Code
8 14 2017, is amended to read as follows:
8 15 c. Process forms and instructions for filing a petition
8 16 for rulemaking pursuant to section 17A.7, a petition for a
8 17 declaratory order pursuant to section 17A.9, or a request
8 18 petition for a waiver or variance of an administrative rule
8 19 pursuant to section 17A.9A.
8 20 Sec. 20. Section 22.1, Code 2017, is amended to read as
8 21 follows:
8 22 22.1 Definitions.
8 23 As used in this chapter:
8 24 1. The term "government body" "Government body" means this
8 25 state, or any county, city, township, school corporation,
8 26 political subdivision, tax=supported district, nonprofit
8 27 corporation other than a fair conducting a fair event as
8 28 provided in chapter 174, whose facilities or indebtedness are
8 29 supported in whole or in part with property tax revenue and
8 30 which is licensed to conduct pari=mutuel wagering pursuant to
8 31 chapter 99D; the governing body of a drainage or levee district
8 32 as provided in chapter 468, including a board as defined in
8 33 section 468.3, regardless of how the district is organized;
8 34 or other entity of this state, or any branch, department,
8 35 board, bureau, commission, council, committee, official, or
9 1 officer of any of the foregoing or any employee delegated
9 2 the responsibility for implementing the requirements of this
9 3 chapter.
9 4 2. The term "lawful custodian" "Lawful custodian" means
9 5 the government body currently in physical possession of
9 6 the public record. The custodian of a public record in the
9 7 physical possession of persons outside a government body is
9 8 the government body owning that record. The records relating
9 9 to the investment of public funds are the property of the
9 10 public body responsible for the public funds. Each government
9 11 body shall delegate to particular officials or employees of
9 12 that government body the responsibility for implementing the
9 13 requirements of this chapter and shall publicly announce the
9 14 particular officials or employees to whom responsibility
9 15 for implementing the requirements of this chapter has been
9 16 delegated. "Lawful custodian" does not mean an automated data
9 17 processing unit of a public body if the data processing unit
9 18 holds the records solely as the agent of another public body,
9 19 nor does it mean a unit which holds the records of other public
9 20 bodies solely for storage.
9 21 3. a. As used in this chapter, "public records" "Public
9 22 records" includes all records, documents, tape, or other
9 23 information, stored or preserved in any medium, of or
9 24 belonging to this state or any county, city, township, school
9 25 corporation, political subdivision, nonprofit corporation other
9 26 than a fair conducting a fair event as provided in chapter 174,
9 27 whose facilities or indebtedness are supported in whole or in
9 28 part with property tax revenue and which is licensed to conduct
9 29 pari=mutuel wagering pursuant to chapter 99D, or tax=supported
9 30 district in this state, or any branch, department, board,
9 31 bureau, commission, council, or committee of any of the
9 32 foregoing.
9 33 b. "Public records" also includes all records relating
9 34 to the investment of public funds including but not limited
9 35 to investment policies, instructions, trading orders,
10 1 or contracts, whether in the custody of the public body
10 2 responsible for the public funds or a fiduciary or other third
10 3 party.
10 4 Sec. 21. Section 28F.5, Code 2017, is amended to read as
10 5 follows:
10 6 28F.5 Source of payment ==== rates and charges, pledge of
10 7 revenues.
10 8 1. Such an An entity shall have the power to pledge all
10 9 or part of the net revenues of a project or projects to the
10 10 payment of the principal of and interest on the bonds issued
10 11 pursuant to this chapter and shall provide by resolution
10 12 authorizing the issuance of said bonds that such net revenues
10 13 of the project or projects shall be set apart in a sinking
10 14 fund for that purpose and kept separate and distinct from all
10 15 other revenues of the entity. The principal of and interest
10 16 on the bonds so issued shall be secured by a pledge of such net
10 17 revenues of the project or projects in the manner and to the
10 18 extent provided in the resolution authorizing the issuance of
10 19 said bonds.
10 20 2. Such an An entity shall have the power to fix, establish
10 21 and maintain such rates, tolls, fees, rentals or other charges
10 22 and collect the same from the public agencies participating
10 23 in the agreement or from private agencies or persons for
10 24 the payment of the services and facilities provided by said
10 25 project or projects. Such rates, tolls, fees, rentals or other
10 26 charges shall be so fixed, established and maintained and
10 27 revised from time to time whenever necessary as will always
10 28 provide revenues sufficient to pay the cost of maintaining,
10 29 repairing and operating the project or projects, to pay the
10 30 principal of and interest on the bonds then outstanding which
10 31 are payable therefrom as the same become due and payable, to
10 32 provide adequate and sufficient reserves therefor, to provide
10 33 for replacements, depreciations and necessary extensions and
10 34 enlargements and to provide a margin of safety for the making
10 35 of such payments and providing such reserves. Notwithstanding
11 1 the foregoing such an entity shall have the further right to
11 2 pledge to the payment of the bonds issued pursuant to this
11 3 chapter, in addition to the net revenues of the project or
11 4 projects pledged therefor, such other moneys that it may have
11 5 and which are lawfully available therefor.
11 6 3. In order to pay the rates, tolls, fees, rentals or
11 7 other charges levied against a public agency by an entity
11 8 for the payment of the services and facilities provided by
11 9 a project or projects authorized by this chapter, public
11 10 agencies participating in such an agreement shall have the
11 11 power by ordinance to fix, establish and maintain, rates or
11 12 other charges for the use of and the services and facilities
11 13 rendered by said project or projects. Such rates or charges
11 14 may be so fixed, established and maintained and revised from
11 15 time to time whenever necessary as will always provide such
11 16 public agencies with sufficient revenue to pay the rates,
11 17 tolls, fees, rentals or other charges levied against it by the
11 18 entity for the payments of the services and facilities provided
11 19 by said project or projects. All such rates or charges to be
11 20 paid by the owners of real property, if not paid as by the
11 21 ordinance provided, when due, shall constitute a lien upon such
11 22 real property served by such project or projects, and shall be
11 23 collected in the same manner as general taxes.
11 24 Sec. 22. Section 28F.10, Code 2017, is amended to read as
11 25 follows:
11 26 28F.10 Refunding bonds.
11 27 Refunding bonds may be issued by an entity in a principal
11 28 amount sufficient to provide funds for the payment, including
11 29 premium, if any, of bonds issued by said the entity pursuant
11 30 to the provisions of this chapter to be refunded thereby
11 31 and the interest thereon and in addition for the payment of
11 32 all expenses incident to the calling, retiring, or paying
11 33 of such outstanding bonds to be refunded, such refunding.
11 34 Refunding bonds may also finance the construction of a project
11 35 or projects authorized by this chapter or the improvement,
12 1 addition, betterment or extension of an existing project or
12 2 projects so authorized. Said refunding Refunding bonds shall
12 3 not be issued to refund the principal of and interest on any
12 4 bonds to be refunded unless such bonds mature or are redeemable
12 5 under their terms within ten years from the date of delivery
12 6 of the refunding bonds. The proceeds of said the refunding
12 7 bonds to be used for the payment of the principal of, interest
12 8 on and redemption premiums, if any, on said the bonds to be
12 9 refunded which will not be due and payable immediately shall be
12 10 deposited in trust for the sole purpose of making such payments
12 11 in a bank or trust company within the state. Any moneys in such
12 12 trust fund, prior to the date such funds will be needed for
12 13 the payment of such principal of, interest on and redemption
12 14 premiums, if any, of such outstanding bonds to be refunded,
12 15 may be invested or reinvested as provided in the resolution
12 16 authorizing said the refunding bonds. Refunding bonds shall be
12 17 issued in the same manner and detail as revenue bonds herein
12 18 authorized.
12 19 Sec. 23. Section 29C.24, subsection 2, paragraph e,
12 20 subparagraph (1), subparagraph divisions (b) and (c), Code
12 21 2017, are amended to read as follows:
12 22 (b) Except for disaster and or emergency=related work, the
12 23 business entity has no presence in the state and conducts no
12 24 business in the state.
12 25 (c) Except for disaster and or emergency=related work, the
12 26 business entity had no registrations, tax filings, or nexus in
12 27 the state for the tax year immediately preceding the year in
12 28 which the relevant declared state disaster or emergency occurs.
12 29 Sec. 24. Section 29C.24, subsection 5, paragraph a,
12 30 unnumbered paragraph 1, Code 2017, is amended to read as
12 31 follows:
12 32 An out=of=state business that enters the state to perform
12 33 disaster and or emergency=related work during a disaster
12 34 response period shall provide notification to the secretary
12 35 of state, which notification shall contain all the following
13 1 information related to the out=of=state business:
13 2 Sec. 25. Section 29C.24, subsection 5, paragraphs b and c,
13 3 Code 2017, are amended to read as follows:
13 4 b. For an out=of=state business that enters this state
13 5 to perform disaster and or emergency=related work during a
13 6 disaster response period as an affiliate of a registered
13 7 business, the registered business shall provide, on behalf of
13 8 the affiliate out=of=state business, the notification required
13 9 in paragraph "a", which notification shall also include contact
13 10 information for the registered business.
13 11 c. Upon request of the secretary of state, an out=of=state
13 12 business that enters the state to perform disaster and or
13 13 emergency=related work during a disaster response period shall
13 14 provide proof of workers' compensation insurance coverage and
13 15 liability insurance coverage, if any. Such proof shall be
13 16 provided within ten days of the request.
13 17 Sec. 26. Section 35C.2, Code 2017, is amended to read as
13 18 follows:
13 19 35C.2 Physical disability.
13 20 The persons thus preferred shall not be disqualified from
13 21 holding any position hereinbefore mentioned in section 35C.1
13 22 on account of age or by reason of any physical disability,
13 23 provided such age or disability does not render such person
13 24 incompetent to perform properly the duties of the position
13 25 applied for.
13 26 Sec. 27. Section 35C.6, Code 2017, is amended to read as
13 27 follows:
13 28 35C.6 Removal ==== certiorari ==== judicial review.
13 29 No person holding a public position by appointment or
13 30 employment, and belonging to any of the classes of persons
13 31 to whom a preference is herein granted under this chapter,
13 32 shall be removed from such position or employment except
13 33 for incompetency or misconduct shown after a hearing, upon
13 34 due notice, upon stated charges, and with the right of such
13 35 employee or appointee to a review by a writ of certiorari or at
14 1 such person's election, to judicial review in accordance with
14 2 the terms of the Iowa administrative procedure Act, chapter
14 3 17A, if that is otherwise applicable to their case.
14 4 Sec. 28. Section 43.2, Code 2017, is amended to read as
14 5 follows:
14 6 43.2 Definitions.
14 7 As used in this chapter, unless the context otherwise
14 8 requires:
14 9 1. "Book", "list", "record", or "schedule" kept by a county
14 10 auditor, assessor, treasurer, recorder, sheriff, or other
14 11 county officer means the county system as defined in section
14 12 445.1.
14 13 2. a. The term "political party" "Political party" shall
14 14 mean a party which, at the last preceding general election,
14 15 cast for its candidate for president of the United States or
14 16 for governor, as the case may be, at least two percent of
14 17 the total vote cast for all candidates for that office at
14 18 that election. It shall be the responsibility of the state
14 19 commissioner to determine whether any organization claiming
14 20 to be a political party qualifies as such under the foregoing
14 21 definition.
14 22 b. A political organization which is not a "political party"
14 23 within the meaning of this section subsection may nominate
14 24 candidates and have the names of such candidates placed upon
14 25 the official ballot by proceeding under chapters 44 and 45.
14 26 As used in this chapter, unless the context otherwise
14 27 requires, "book", "list", "record", or "schedule" kept by a
14 28 county auditor, assessor, treasurer, recorder, sheriff, or
14 29 other county officer means the county system as defined in
14 30 section 445.1.
14 31 Sec. 29. Section 48A.7A, subsection 1, paragraph b,
14 32 subparagraph (1), unnumbered paragraph 1, Code 2017, is amended
14 33 to read as follows:
14 34 For purposes of this section, a person may establish
14 35 identity and residence by presenting to the appropriate
15 1 precinct election official a current and valid Iowa driver's
15 2 license or Iowa nonoperator's identification card or by
15 3 presenting any of the following current and valid forms of
15 4 identification if such identification contains the person's
15 5 photograph and a validity valid expiration date:
15 6 Sec. 30. Section 80.45, subsection 3, paragraph a, Code
15 7 2017, is amended to read as follows:
15 8 a. Serve as a point of contact for anti=human activities to
15 9 combat human trafficking activity in this state.
15 10 Sec. 31. Section 92.3, Code 2017, is amended to read as
15 11 follows:
15 12 92.3 Under fourteen ==== permitted occupations.
15 13 No person under fourteen years of age shall be employed
15 14 or permitted to work with or without compensation in any
15 15 occupation, except in the street trade occupations or migratory
15 16 labor occupations specified in section 92.1. Any migratory
15 17 laborer twelve to fourteen years of age may not work prior to
15 18 or during the regular school hours of any day of any private
15 19 or public school which teaches general education subjects and
15 20 which is available to such child.
15 21 Sec. 32. Section 92.9, unnumbered paragraph 1, Code 2017,
15 22 is amended to read as follows:
15 23 The provisions of sections 92.8 and 92.10 shall not
15 24 apply to pupils working under an instructor in a career and
15 25 technical education department in a school district or under
15 26 an instructor in a career and technical education classroom
15 27 or laboratory, or industrial plant, or in a course of career
15 28 and technical education approved by the state board for career
15 29 and technical education, or to apprentices provided they are
15 30 employed under all of the following conditions:
15 31 Sec. 33. Section 92.23, Code 2017, is amended to read as
15 32 follows:
15 33 92.23 Group insurance.
15 34 Anyone under the age of eighteen and subject to this chapter
15 35 employed in the street trades occupations who sells or delivers
16 1 the product or service of another and who is designated in
16 2 such capacity as an independent contractor shall be provided
16 3 participation, if the person under the age of eighteen
16 4 desires it at group rate cost, in group insurance for medical,
16 5 hospital, nursing, and doctor expenses incurred as a result of
16 6 injuries sustained arising out of and in the course of selling
16 7 or delivering such product or service by the person, firm, or
16 8 corporation whose product or service is so delivered.
16 9 Sec. 34. Section 96.29, subsection 2, paragraph c, Code
16 10 2017, is amended to read as follows:
16 11 c. This subsection shall not apply to claims for extended
16 12 benefits for weeks of unemployment beginning March 6, 1993, and
16 13 ending before January 1, 1995, or if otherwise prohibited by
16 14 federal law.
16 15 Sec. 35. Section 97A.7, subsection 1, Code 2017, is amended
16 16 to read as follows:
16 17 1. The board of trustees shall be the trustees of the
16 18 retirement fund created by this chapter as provided in section
16 19 97A.8 and shall have full power to invest and reinvest funds
16 20 subject to the terms, conditions, limitations, and restrictions
16 21 imposed by subsection 2 of this section and chapters 12F,
16 22 and 12H, and 12J and subject to like terms, conditions,
16 23 limitations, and restrictions said trustees shall have full
16 24 power to hold, purchase, sell, assign, transfer, or dispose of
16 25 any of the securities and investments of the retirement fund
16 26 which have been invested, as well as of the proceeds of said
16 27 investments and any moneys belonging to the retirement fund.
16 28 The board of trustees may authorize the treasurer of state to
16 29 exercise any of the duties of this section. When so authorized
16 30 the treasurer of state shall report any transactions to the
16 31 board of trustees at its next monthly meeting.
16 32 Sec. 36. Section 97B.4, subsection 5, Code 2017, is amended
16 33 to read as follows:
16 34 5. Investments. The system, through the chief investment
16 35 officer, shall invest, subject to chapters 12F, and 12H,
17 1 and 12J and in accordance with the investment policy and
17 2 goal statement established by the board, the portion of the
17 3 retirement fund which, in the judgment of the system, is not
17 4 needed for current payment of benefits under this chapter
17 5 subject to the requirements of section 97B.7A.
17 6 Sec. 37. Section 101.26, subsection 1, Code 2017, is amended
17 7 to read as follows:
17 8 1. A person who violates this subchapter or a rule adopted
17 9 or order adoption issued pursuant to this subchapter is subject
17 10 to a civil penalty not to exceed one hundred dollars for each
17 11 day during which the violation continues, up to a maximum of
17 12 one thousand dollars; however, if the tank is registered within
17 13 thirty days after the state fire marshal issues a cease and
17 14 desist order pursuant to section 101.25, subsection 1, the
17 15 civil penalty under this section shall not accrue. The civil
17 16 penalty is an alternative to a criminal penalty provided under
17 17 this subchapter.
17 18 Sec. 38. Section 123.30, subsection 3, paragraph c,
17 19 subparagraph (2), Code 2017, is amended to read as follows:
17 20 (2) A special class "C" liquor control license may be issued
17 21 and shall authorize the holder to purchase wine from class "A"
17 22 wine permittees or class "B" wine permittees who also hold
17 23 class "E" liquor control licenses only, and to sell wine and
17 24 beer to patrons by the individual drink for consumption on the
17 25 premises only. However, beer may also be sold for consumption
17 26 off the premises. The license issued to holders of a special
17 27 class "C" liquor control license shall clearly state on its
17 28 face that the license is limited.
17 29 Sec. 39. Section 123.30, subsection 3, paragraph e,
17 30 subparagraph (2), Code 2017, is amended to read as follows:
17 31 (2) The division may issue a class "E" liquor control
17 32 license for premises covered by a liquor control license
17 33 or wine or beer permit for on=premises consumption, if the
17 34 premises are in a county having a population under nine
17 35 thousand five hundred in which no other class "E" liquor
18 1 control license has been issued by the division, and no other
18 2 application for a class "E" liquor control license has been
18 3 made within the previous twelve consecutive months.
18 4 Sec. 40. Section 123.141, Code 2017, is amended to read as
18 5 follows:
18 6 123.141 Keeping liquor where beer is sold.
18 7 No alcoholic liquor for beverage purposes shall be used,
18 8 or kept for any purpose in the place of business of class "B"
18 9 beer permittees, or on the premises of such class "B" beer
18 10 permittees, at any time. A violation of any provision of this
18 11 section shall be grounds for suspension or revocation of the
18 12 beer permit pursuant to section 123.50, subsection 3. This
18 13 section shall not apply in any manner or in any way to the
18 14 premises of any hotel or motel for which a class "B" beer
18 15 permit has been issued, other than that part of such premises
18 16 regularly used by the hotel or motel for the principal purpose
18 17 of selling beer or food to the general public;, or to drug
18 18 stores regularly and continuously employing a registered
18 19 pharmacist, keep a pharmacy from having alcohol in stock for
18 20 medicinal and compounding purposes.
18 21 Sec. 41. Section 139A.8, subsection 2, paragraph e, Code
18 22 2017, is amended to read as follows:
18 23 e. A person shall not be enrolled in school in the seventh
18 24 grade or twelfth grade in Iowa without evidence of adequate
18 25 immunization against meningococcal disease in accordance
18 26 with standards approved by the United States public health
18 27 service of the United States department of health and human
18 28 services for such biological products and is in accordance with
18 29 immunization practices recommended by the advisory committee
18 30 on immunization practices of the centers for disease control
18 31 and prevention.
18 32 Sec. 42. Section 144.18, Code 2017, is amended to read as
18 33 follows:
18 34 144.18 Court hearing.
18 35 1. The court shall fix a time and place for hearing the
19 1 petition and shall give the registration official who refused
19 2 to register the petitioner's delayed certificate of birth at
19 3 least ten days' notice of such hearing. If both persons to be
19 4 named as parents are not a party to the petition, such person
19 5 or persons, if living, shall also be given at least ten days'
19 6 notice of the hearing. The court shall prescribe the manner
19 7 of such notice. Such official, or the official's authorized
19 8 representative, may appear and testify in the proceeding.
19 9 2. If the court from the evidence presented finds that
19 10 the person for whom a delayed certificate of birth is sought
19 11 was born in this state, it shall make findings as the case
19 12 may require and shall issue an order on a form prescribed
19 13 and furnished by the state registrar to establish a record
19 14 of birth. The order shall include the birth data to be
19 15 registered, a description of the evidence presented, and the
19 16 date of the court's action.
19 17 3. The clerks of the district court shall forward each
19 18 order to the state registrar not later than the tenth day of
19 19 the calendar month following the month in which it was entered.
19 20 The order shall be registered by the state registrar and shall
19 21 constitute the record of birth, from which copies may be
19 22 issued in accordance with sections 144.42 to through 144.46,
19 23 inclusive.
19 24 Sec. 43. Section 153.33, subsection 3, paragraph g, Code
19 25 2017, is amended to read as follows:
19 26 g. The findings of fact made by the board acting within
19 27 its power shall, in the absence of fraud, be conclusive, but
19 28 the district court shall have power to review questions of law
19 29 involved in any final decision or determination of the board;
19 30 provided, that if application is made by the aggrieved party
19 31 within thirty days after such determination by certiorari,
19 32 mandamus, or such other method of review or appeal permitted
19 33 under the laws of this state, and to make such further orders
19 34 in respect thereto as justice may require.
19 35 Sec. 44. Section 154B.1, subsections 2 and 6, Code 2017, are
20 1 amended to read as follows:
20 2 2. "Collaborative practice agreement" means a written
20 3 agreement between a prescribing psychologist and a licensed
20 4 physician that establishes clinical protocols, practice
20 5 guidelines, and care plans relevant to the scope of the
20 6 collaborative practice. The practice guidelines may include
20 7 limitations on the prescribing of psychotropic medications
20 8 by psychologists and protocols for prescribing to special
20 9 populations, including patients who are less than seventeen
20 10 years of age or over sixty=five years of age, patients who
20 11 are pregnant, and patients with serious medical conditions
20 12 including but not limited to heart disease, cancer, stroke,
20 13 seizures, and patients with developmental disabilities and
20 14 intellectual disabilities.
20 15 6. "Practice of psychology" means the application of
20 16 established principles of learning, motivation, perception,
20 17 thinking, and emotional relations to problems of behavior
20 18 adjustment, group relations, and behavior modification,
20 19 by persons trained in psychology for compensation or other
20 20 personal gain. The application of principles includes but
20 21 is not limited to: Counseling counseling and the use of
20 22 psychological remedial measures with persons, in groups or
20 23 individually, with adjustment or emotional problems in the
20 24 areas of work, family, school, and personal relationships;
20 25 measuring and testing personality, intelligence, aptitudes,
20 26 public opinion, attitudes, and skills; and the teaching of such
20 27 subject matter, and the conducting of research on the problems
20 28 relating to human behavior.
20 29 Sec. 45. Section 155A.6A, subsection 3, Code 2017, is
20 30 amended by striking the subsection.
20 31 Sec. 46. Section 161A.20, subsections 1, 3, and 4, Code
20 32 2017, are amended to read as follows:
20 33 1. After obtaining agreements to carry out recommended
20 34 soil conservation measures and proper farm plans from owners
20 35 of not less than fifty percent of the lands situated in the
21 1 subdistrict, a subdistrict shall have the authority to impose a
21 2 special annual tax, the proceeds of which shall be used for the
21 3 repayment of actual and necessary expenses incurred to organize
21 4 the subdistrict,; to acquire land or rights or interests
21 5 therein by purchase or condemnation,; and to repair, alteration
21 6 alter, maintenance maintain, and operation of operate the
21 7 present and future works of improvement within its boundaries.
21 8 3. If portions of the subdistrict are in more than one
21 9 county, then the governing body, as hereinbefore designated in
21 10 section 161A.19 in such event, after arriving at the estimate
21 11 in dollars deemed necessary for the entire subdistrict shall
21 12 ratably apportion such amount between the counties and transmit
21 13 and certify the prorated portion to the respective boards of
21 14 supervisors of each of the counties.
21 15 4. The board or boards of supervisors shall upon receipt
21 16 of certification from the governing body of the district
21 17 subdistrict make the necessary levy on the assessed valuation
21 18 of all real estate within the boundaries of the subdistrict
21 19 lying within their respective county to raise said amounts, but
21 20 in no event to exceed one dollar and eight cents per thousand
21 21 dollars of assessed value.
21 22 Sec. 47. Section 168.8, Code 2017, is amended to read as
21 23 follows:
21 24 168.8 Penalty.
21 25 Any person, partnership, corporation, company, firm,
21 26 society, or association who violates any provision of this
21 27 chapter shall be guilty of a simple misdemeanor.
21 28 Sec. 48. Section 177A.12, subsection 2, Code 2017, is
21 29 amended to read as follows:
21 30 2. The state entomologist, the entomologist's inspectors
21 31 or duly authorized agents are authorized to seize, destroy, or
21 32 return to the point of origin any material received in this
21 33 state in violation of any state quarantine established under
21 34 the authority of subsection 1, or in violation of any federal
21 35 quarantine established under the authority of the Act of August
22 1 20, 1912, 37 Stat. ch 308 federal Plant Protection Act, 7
22 2 U.S.C. {7701 et seq., or any amendment to that Act.
22 3 Sec. 49. Section 179.13, Code 2017, is amended to read as
22 4 follows:
22 5 179.13 Referendum.
22 6 1. At a time designated by the commission within eighteen
22 7 months after termination of the national promotional order made
22 8 pursuant to the Dairy Product Production Stabilization Act of
22 9 1983, 7 U.S.C. {4501 et seq., the commission shall conduct a
22 10 referendum under administrative procedures prescribed by the
22 11 department.
22 12 2. Upon signing a statement certifying to the department
22 13 that the person is a bona fide producer as defined in this
22 14 chapter, each producer is entitled to one vote in each
22 15 referendum. When the secretary is required to determine the
22 16 approval or disapproval of producers under this section, the
22 17 secretary shall consider the approval or disapproval of a
22 18 cooperative association of producers, engaged in a bona fide
22 19 manner in marketing milk, as the approval or disapproval
22 20 of the producers who are members of or contract with the
22 21 cooperative association of producers. If a cooperative
22 22 association elects to vote on behalf of its members, the
22 23 cooperative association shall provide each producer on whose
22 24 behalf the cooperative association is expressing approval or
22 25 disapproval with a description of the question presented in the
22 26 referendum together with a statement of the manner in which
22 27 the cooperative association intends to cast its vote on behalf
22 28 of the membership. The information shall inform the producer
22 29 of procedures to follow to cast an individual ballot if the
22 30 producer chooses to do so within the period of time established
22 31 by the secretary for casting ballots. The notification shall
22 32 be made at least thirty days prior to the referendum and shall
22 33 include an official ballot. The ballots shall be tabulated by
22 34 the secretary and the vote of the cooperative association shall
22 35 be adjusted to reflect the individual votes.
23 1 3. The department shall count and tabulate the ballots filed
23 2 during the referendum within thirty days of the close of the
23 3 referendum. If from the tabulation the department determines
23 4 that a majority of the total number of producers voting in the
23 5 referendum favors the proposal, the excise tax provided for in
23 6 this chapter shall be continued. The ballots cast pursuant
23 7 to this section constitute complete and conclusive evidence
23 8 for use in determinations made by the department under this
23 9 chapter.
23 10 4. The secretary may conduct a referendum at any time
23 11 after the Iowa dairy industry commission is reactivated, and
23 12 shall hold a referendum on request of a representative group
23 13 comprising ten percent or more of the number of producers
23 14 eligible to vote, to determine whether the producers favor the
23 15 termination or suspension of the excise tax. The secretary
23 16 shall suspend or terminate collection of the excise tax within
23 17 six months after the secretary determines that suspension or
23 18 termination of the excise tax is favored by a majority of the
23 19 producers voting in the referendum, and shall terminate the
23 20 excise tax in an orderly manner as soon as practicable after
23 21 the determination.
23 22 Sec. 50. Section 181.3, subsection 4, paragraph b, Code
23 23 2017, is amended to read as follows:
23 24 b. Except for an ex officio member, a vacancy in the
23 25 executive committee resulting from death, inability or refusal
23 26 to serve, or failure to meet the qualifications of this chapter
23 27 shall be filled by the executive committee. If the executive
23 28 committee fails to fill a vacancy, the secretary shall appoint
23 29 a person to fill it the vacancy. A vacancy appointment shall
23 30 be filled only for the remainder of the unexpired term.
23 31 Sec. 51. Section 198.7, subsection 1, paragraphs b, c, d, e,
23 32 and f, Code 2017, are amended to read as follows:
23 33 b. If it bears or contains any added poisonous, added
23 34 deleterious, or added nonnutritive substance which is unsafe
23 35 within the meaning of section 406 of the federal Federal Food,
24 1 Drug, and Cosmetic Act, codified at 21 U.S.C. {346, other than
24 2 one which is a pesticide chemical in or on a raw agricultural
24 3 commodity or a food additive.
24 4 c. If it is, or it bears or contains any food additive which
24 5 is unsafe within the meaning of section 409 of the federal
24 6 Federal Food, Drug, and Cosmetic Act, codified at 21 U.S.C.
24 7 {348.
24 8 d. If it is a raw agricultural commodity and it bears
24 9 or contains a pesticide chemical which is unsafe within the
24 10 meaning of section 408, subparagraph "a" of the federal Federal
24 11 Food, Drug, and Cosmetic Act, codified at 21 U.S.C. {346a,
24 12 provided, that where a pesticide chemical has been used in or
24 13 on a raw agricultural commodity in conformity with an exemption
24 14 granted or a tolerance prescribed under section 408 of the
24 15 federal Federal Food, Drug, and Cosmetic Act, codified at 21
24 16 U.S.C. {346a, and such raw agricultural commodity has been
24 17 subjected to processing such as canning, cooking, freezing,
24 18 dehydrating or milling, the residue of such pesticide chemical
24 19 remaining in or on such processed feed shall not be deemed
24 20 unsafe if such residue in or on the raw agricultural commodity
24 21 has been removed to the extent possible in good manufacturing
24 22 practice and the concentration of such residue in the processed
24 23 feed is not greater than the tolerance prescribed for the raw
24 24 agriculture commodity unless the feeding of such processed feed
24 25 will result or is likely to result in a pesticide residue in
24 26 the edible product of the animal, which is unsafe within the
24 27 meaning of section 408, subparagraph "a" of the federal Federal
24 28 Food, Drug, and Cosmetic Act, codified at 21 U.S.C. {346a.
24 29 e. If it is, or it bears or contains any color additive
24 30 which is unsafe within the meaning of section 706 of the
24 31 federal Federal Food, Drug, and Cosmetic Act, codified at 21
24 32 U.S.C. {379e.
24 33 f. If it is, or it bears or contains a new animal drug which
24 34 is unsafe within the meaning of the federal Federal Food, Drug,
24 35 and Cosmetic Act, 21 U.S.C. {360b et seq.
25 1 Sec. 52. Section 218.48, Code 2017, is amended to read as
25 2 follows:
25 3 218.48 Annual reports.
25 4 The superintendent or business manager of each institution
25 5 shall make an annual report to the administrator in control
25 6 of the particular institution and include in the report a
25 7 detailed and accurate inventory of the stock and supplies
25 8 on hand, and their amount and value, under the following
25 9 headings: livestock, farm
25 10 1. Livestock.
25 11 2. Farm produce on hand, vehicles, agricultural.
25 12 3. Vehicles.
25 13 4. Agricultural implements, machinery, mechanical.
25 14 5. Machinery.
25 15 6. Mechanical fixtures, real.
25 16 7. Real estate, furniture, and bedding.
25 17 8. Furniture.
25 18 9. Bedding in residents' department, state.
25 19 10. State property in superintendent's department,
25 20 clothing, dry.
25 21 11. Clothing.
25 22 12. Dry goods, provisions.
25 23 13. Provisions and groceries, drugs.
25 24 14. Drugs and medicine, fuel, library, and all.
25 25 15. Fuel.
25 26 16. Library.
25 27 17. All other state property under appropriate headings to
25 28 be determined by the particular administrator involved.
25 29 Sec. 53. Section 232.114, subsection 4, Code 2017, is
25 30 amended to read as follows:
25 31 4. The county attorney and attorney general shall comply
25 32 with the requirements of chapter 232B and the federal Indian
25 33 Child Welfare Act, Pub. L. No. 95=608, when either chapter 232B
25 34 or the federal Indian Child Welfare Act is determined to be
25 35 applicable in any proceeding under this division.
26 1 Sec. 54. Section 232.188, subsection 5, paragraph e, Code
26 2 2017, is amended to read as follows:
26 3 e. The annual child welfare and juvenile justice
26 4 decategorization services plan developed for use of the funding
26 5 pool by a decategorization governance board shall be submitted
26 6 to the department administrator of child welfare services and
26 7 the early childhood Iowa empowerment state board. In addition,
26 8 the decategorization governance board shall submit an annual
26 9 progress report to the department administrator and the early
26 10 childhood Iowa empowerment state board which summarizes the
26 11 progress made toward attaining the objectives contained in the
26 12 plan. The progress report shall serve as an opportunity for
26 13 information sharing and feedback.
26 14 Sec. 55. Section 234.6, subsection 1, unnumbered paragraph
26 15 1, Code 2017, is amended to read as follows:
26 16 The administrator shall be vested with the authority to
26 17 administer the family investment program, state supplementary
26 18 assistance, food programs, child welfare, and emergency relief,
26 19 family and adult service programs, and any other form of
26 20 public welfare assistance and institutions that are placed
26 21 under the administrator's administration. The administrator
26 22 shall perform duties, shall formulate and adopt rules as may
26 23 be necessary;, and shall outline policies, dictate procedure,
26 24 and delegate such powers as may be necessary for competent
26 25 and efficient administration. Subject to restrictions that
26 26 may be imposed by the director of human services and the
26 27 council on human services, the administrator may abolish,
26 28 alter, consolidate, or establish subdivisions and may abolish
26 29 or change offices previously created. The administrator
26 30 may employ necessary personnel and fix their compensation;
26 31 may allocate or reallocate functions and duties among any
26 32 subdivisions now existing or later established; and may
26 33 adopt rules relating to the employment of personnel and the
26 34 allocation of their functions and duties among the various
26 35 subdivisions as competent and efficient administration may
27 1 require. The administrator shall:
27 2 Sec. 56. Section 234.6, subsection 1, paragraph f, Code
27 3 2017, is amended to read as follows:
27 4 f. Administer the food programs authorized by federal law,
27 5 and recommend rules necessary in the administration of those
27 6 programs to the director for promulgation adoption pursuant to
27 7 chapter 17A.
27 8 Sec. 57. Section 237A.25, subsection 1, Code 2017, is
27 9 amended to read as follows:
27 10 1. The department shall develop consumer information
27 11 material to assist parents in selecting a child care provider.
27 12 In developing the material, the department shall consult with
27 13 department of human services staff, department of education
27 14 staff, the state child care advisory committee, the early
27 15 childhood Iowa empowerment state board, and child care resource
27 16 and referral services. In addition, the department may consult
27 17 with other entities at the local, state, and national level.
27 18 Sec. 58. Section 256.11, subsection 5, paragraph h,
27 19 subparagraph (3), Code 2017, is amended to read as follows:
27 20 (3) The department of education shall permit school
27 21 districts, in meeting the requirements of this section, to
27 22 use career and technical education core courses in more than
27 23 one career and technical education service area and to use
27 24 multi=occupational courses to complete a sequence in more than
27 25 one career and technical education service area.
27 26 Sec. 59. Section 256.39, subsection 6, Code 2017, is amended
27 27 to read as follows:
27 28 6. The department of education shall direct and monitor
27 29 the progress of each career pathways consortium in developing
27 30 career pathways programs. By January 15, 1998, the department
27 31 shall submit to the general assembly any findings and
27 32 recommendations of the career pathways consortia, along with
27 33 the department's recommendations for specific career pathways
27 34 program efforts and for appropriate funding levels to implement
27 35 and sustain the recommended programs.
28 1 Sec. 60. Section 256.42, subsection 7, Code 2017, is amended
28 2 to read as follows:
28 3 7. The department may waive for one year the provisions
28 4 of section 256.11, subsection 5, which require that specified
28 5 subjects be offered and taught by professional staff of a
28 6 school district or school, if the school district or school
28 7 makes every reasonable and good=faith effort to employ a
28 8 teacher licensed under chapter 272 for such a subject, and the
28 9 school district or school proves to the satisfaction of the
28 10 department that the school district or school is unable to
28 11 employ such a teacher.
28 12 a. The specified subject shall be provided by the
28 13 initiative.
28 14 b. The specified subject may instead be provided by the
28 15 school district or school if all of the following conditions
28 16 are met:
28 17 a. (1) The course content is provided through an online
28 18 learning platform by an Iowa licensed teacher with online
28 19 learning experience.
28 20 b. (2) The course content provided is aligned with school
28 21 district or school standards and satisfies the requirements of
28 22 subsection 6.
28 23 c. (3) The course is not offered by the initiative pursuant
28 24 to this section, or the course offered by the initiative lacks
28 25 the capacity to accommodate additional students.
28 26 d. (4) The course is the sole course per semester that
28 27 the school district or school is providing instead of the
28 28 initiative pursuant to this subsection.
28 29 Sec. 61. Section 256H.1, subsection 2, paragraph a, Code
28 30 2017, is amended to read as follows:
28 31 a. "Active duty" means full=time duty status in the active
28 32 uniformed service of the United States, including members of
28 33 the national guard and reserve on active duty orders pursuant
28 34 to 10 U.S.C. {1209 ch. 1209 and 1211.
28 35 Sec. 62. Section 256H.1, subsection 3, paragraph a,
29 1 subparagraph (1), Code 2017, is amended to read as follows:
29 2 (1) Active duty members of the uniformed services as defined
29 3 in this compact, including members of the national guard and
29 4 reserve on active duty orders pursuant to 10 U.S.C. {1209 ch.
29 5 1209 and 1211.
29 6 Sec. 63. Section 256I.4, subsection 8, Code 2017, is amended
29 7 to read as follows:
29 8 8. Develop and implement a designation process for area
29 9 boards. Allow for flexibility and creativity of area boards in
29 10 implementing area board responsibilities and provide authority
29 11 for the area boards to support the communities in the areas
29 12 served. The system process shall provide for action to address
29 13 poor performing areas as well as higher performing areas. The
29 14 state board shall determine how often area boards are reviewed
29 15 under the system process.
29 16 Sec. 64. Section 256I.9, subsection 3, paragraph b,
29 17 subparagraph (1), Code 2017, is amended to read as follows:
29 18 (1) Family support services and parent education programs
29 19 promoted to parents of children from zero through age five.
29 20 Family support services shall include but are not limited to
29 21 home visitation and parent education. Of the state funding
29 22 that an area board designates for family support programs, at
29 23 least sixty percent shall be committed to programs with a home
29 24 visitation component.
29 25 Sec. 65. Section 258.2, Code 2017, is amended to read as
29 26 follows:
29 27 258.2 State board for career and technical education.
29 28 The state board of education shall constitute the state
29 29 board for career and technical education.
29 30 Sec. 66. Section 258.3A, unnumbered paragraph 1, Code 2017,
29 31 is amended to read as follows:
29 32 The state board shall do all of the following:
29 33 Sec. 67. Section 258.4, subsections 1, 7, 8, and 9, Code
29 34 2017, are amended to read as follows:
29 35 1. Develop and submit to the state board for approval the
30 1 multi=year state plan developed in accordance with federal laws
30 2 and regulations governing career and technical education.
30 3 7. Review and approve career and technical education
30 4 programs to ensure that the programs meet standards adopted by
30 5 the state board for career and technical education pursuant to
30 6 section 258.3A. The director shall annually review at least
30 7 twenty percent of the approved career and technical programs
30 8 as a basis for continuing approval to ensure that the programs
30 9 meet board standards and are compatible with educational reform
30 10 efforts, are capable of responding to technological change and
30 11 innovation, and meet the educational needs of students and the
30 12 employment community. The review shall include an assessment
30 13 of the extent to which the competencies in the program
30 14 are being mastered by the students enrolled, the costs are
30 15 proportionate to educational benefits received, the career and
30 16 technical education curriculum is articulated and integrated
30 17 with other curricular offerings required of all students,
30 18 the programs would permit students with career and technical
30 19 education backgrounds to pursue other educational interests in
30 20 a postsecondary institutional setting, and the programs remove
30 21 barriers for both traditional and nontraditional students to
30 22 access educational and employment opportunities.
30 23 8. Facilitate the process established by the state board
30 24 for the implementation of a statewide system of regional
30 25 career and technical education planning partnerships that
30 26 utilize the services of local school districts, community
30 27 colleges, sector partnerships, and other resources to assist
30 28 local school districts in meeting career and technical
30 29 education standards while avoiding unnecessary duplication of
30 30 services. The director shall also review and approve regional
30 31 planning partnerships and regional centers to ensure that the
30 32 partnerships and centers meet the standards adopted by the
30 33 state board pursuant to section 258.3A, subsection 5.
30 34 9. Enforce rules adopted by the state board pursuant to
30 35 section 258.3A.
31 1 Sec. 68. Section 258.6, subsections 1, 2, and 3, Code 2017,
31 2 are amended to read as follows:
31 3 1. "Approved career and technical education program" means
31 4 a career and technical education program offered by a school
31 5 district or community college and approved by the department
31 6 which meets the standards for career and technical education
31 7 programs adopted by the state board under this chapter.
31 8 2. "Approved practitioner preparation school, department,
31 9 or class" means a school, department, or class approved by the
31 10 state board as entitled under this chapter to federal moneys
31 11 for the training of teachers of career and technical education
31 12 subjects.
31 13 3. "Approved regional career and technical education
31 14 planning partnership" means a regional entity that meets the
31 15 standards for regional career and technical education planning
31 16 partnerships adopted by the state board pursuant to section
31 17 258.3A and section 258.14.
31 18 Sec. 69. Section 258.6, subsection 4, Code 2017, is amended
31 19 by striking the subsection.
31 20 Sec. 70. Section 258.6, Code 2017, is amended by adding the
31 21 following new subsection:
31 22 NEW SUBSECTION. 9A. "State board" means the state board for
31 23 career and technical education as provided in section 258.2.
31 24 Sec. 71. Section 258.9, subsection 1, Code 2017, is amended
31 25 to read as follows:
31 26 1. The board of directors of a school district or
31 27 community college that maintains a career and technical
31 28 education program receiving federal or state funds under
31 29 this chapter shall, as a condition of approval by the state
31 30 board, appoint a local advisory council for each career and
31 31 technical education program offered by the school district or
31 32 community college. However, a school district and a community
31 33 college that maintain a career and technical education program
31 34 receiving federal or state funds may create a joint local
31 35 advisory council. The membership of each local advisory
32 1 council shall consist of public members with expertise in
32 2 the occupation or occupational field related to the career
32 3 and technical education program. The local advisory council
32 4 shall give advice and assistance to the board of directors,
32 5 administrators, and instructors in the establishment and
32 6 maintenance of the career and technical education program.
32 7 Sec. 72. Section 258.12, Code 2017, is amended to read as
32 8 follows:
32 9 258.12 Custodian of funds.
32 10 The treasurer of state shall be custodian of the funds paid
32 11 to the state from the appropriations made under the federal
32 12 Carl D. Perkins Career and Technical Education Improvement Act
32 13 of 2006, 20 U.S.C {2301 et seq., as amended, and shall disburse
32 14 the same on vouchers audited as provided by law.
32 15 Sec. 73. Section 258.14, subsection 3, paragraphs a and d,
32 16 Code 2017, are amended to read as follows:
32 17 a. Ensuring compliance with standards adopted by the state
32 18 board under section 258.3A, subsection 5, for regional career
32 19 and technical education planning partnerships.
32 20 d. Reviewing career and technical education programs of
32 21 school districts within the region based on standards adopted
32 22 by the state board, and recommending to the department career
32 23 and technical education programs for approval.
32 24 Sec. 74. Section 258.14, subsection 3, paragraph f,
32 25 unnumbered paragraph 1, Code 2017, is amended to read as
32 26 follows:
32 27 Planning for regional centers with the purpose of achieving
32 28 equitable access to high=quality career and technical education
32 29 programming and concurrent enrollment opportunities for all
32 30 students. As a condition for approval, a regional center shall
32 31 comply with standards adopted by the state board and shall
32 32 consist of a minimum of four career academies. A regional
32 33 center shall be compatible with development of a statewide
32 34 system of regional centers serving all students. A regional
32 35 center shall serve either of the following:
33 1 Sec. 75. Section 258.14, subsection 4, paragraph e, Code
33 2 2017, is amended to read as follows:
33 3 e. Representatives of regional economic and workforce
33 4 entities including regional advisory local workforce
33 5 development boards established under section 84A.4.
33 6 Sec. 76. Section 258.15, subsection 2, Code 2017, is amended
33 7 to read as follows:
33 8 2. The state board, in consultation with the division of
33 9 community colleges of the department, shall adopt rules setting
33 10 minimum standards for the development and implementation of
33 11 career academies under this section and ensuring compliance
33 12 with the federal Carl D. Perkins Career and Technical Education
33 13 Improvement Act of 2006, 20 U.S.C. {2301 et seq., as amended.
33 14 Sec. 77. Section 260C.5, subsection 1, Code 2017, is amended
33 15 to read as follows:
33 16 1. Designate a community college as an "area career and
33 17 technical education school" within the meaning of, and for the
33 18 purpose of administering, the federal Carl D. Perkins Career
33 19 and Technical Education Improvement Act of 2006. A community
33 20 college shall not be so designated by the director for the
33 21 expenditure of funds under 20 U.S.C. {2301 et seq., as amended,
33 22 which has not been designated and classified as a community
33 23 college by the state board.
33 24 Sec. 78. Section 260C.47, subsection 1, unnumbered
33 25 paragraph 1, Code 2017, is amended to read as follows:
33 26 The state board of education shall establish an
33 27 accreditation process for community college programs. The
33 28 process shall be jointly developed and agreed upon by the
33 29 department of education and the community colleges. The
33 30 state accreditation process shall be integrated with the
33 31 accreditation process of the higher learning commission,
33 32 including the evaluation cycle, the self=study process, and
33 33 the criteria for evaluation, which shall incorporate the
33 34 standards for community colleges developed under section
33 35 260C.48; and shall identify and make provision for the needs of
34 1 the state that are not met by the association's commission's
34 2 accreditation process. The department of education shall use
34 3 a two=component process for the continued accreditation of
34 4 community college programs.
34 5 Sec. 79. Section 260C.47, subsection 1, paragraph c, Code
34 6 2017, is amended to read as follows:
34 7 c. Rules adopted by the state board shall include provisions
34 8 for coordination of the accreditation process under this
34 9 section with activities of accreditation associations agencies,
34 10 which are designed to avoid duplication in the accreditation
34 11 process.
34 12 Sec. 80. Section 261E.6, subsection 3, Code 2017, is amended
34 13 to read as follows:
34 14 3. Authorization. To participate in this program, an
34 15 eligible student shall make application to an eligible
34 16 postsecondary institution to allow the eligible student to
34 17 enroll for college credit in a nonsectarian course offered at
34 18 the institution. A comparable course, as defined in rules
34 19 adopted by the board of directors of the school district
34 20 consistent with department administrative rule, must not
34 21 be offered by the school district or accredited nonpublic
34 22 school the student attends. However, a A course is ineligible
34 23 for purposes of this section if the school district has
34 24 a contractual agreement with the eligible postsecondary
34 25 institution under section 261E.8 that meets the requirements of
34 26 section 257.11, subsection 3, and the course may be delivered
34 27 through such an agreement in accordance with section 257.11,
34 28 subsection 3. If the postsecondary institution accepts
34 29 an eligible student for enrollment under this section, the
34 30 institution shall send written notice to the student, the
34 31 student's parent or legal guardian in the case of a minor
34 32 child, and the student's school district or accredited
34 33 nonpublic school and the school district in the case of a
34 34 nonpublic school student, or the Iowa school for the deaf or
34 35 the Iowa braille and sight saving school. The notice shall
35 1 list the course, the clock hours the student will be attending
35 2 the course, and the number of hours of college credit that the
35 3 eligible student will receive from the eligible postsecondary
35 4 institution upon successful completion of the course.
35 5 Sec. 81. Section 262.14, unnumbered paragraph 1, Code 2017,
35 6 is amended to read as follows:
35 7 The board may invest funds belonging to the institutions,
35 8 subject to chapters 12F, and 12H, and 12J and the following
35 9 regulations:
35 10 Sec. 82. Section 279.19B, subsection 2, Code 2017, is
35 11 amended to read as follows:
35 12 2. For the first two weeks of employment in which a
35 13 qualified individual who possesses a transitional coaching
35 14 authorization is employed as a transitional coach and for the
35 15 first extracurricular interscholastic athletic contest or
35 16 competition sponsored by an organization as defined in section
35 17 280.13, the individual shall be supervised by a certified
35 18 athletic director, administrator, or other practitioner
35 19 in a supervisory role. If the individual performs to the
35 20 supervising practitioner's satisfaction, the supervising
35 21 practitioner shall sign and date an evaluation form provided
35 22 by the organization to certify that the individual meets
35 23 expectations to work with student athletes as a transitional
35 24 coach. The organization shall develop and offer on its
35 25 internet site an evaluation form that meets the requirements
35 26 of this subsection.
35 27 Sec. 83. Section 282.7, subsection 2, Code 2017, is amended
35 28 to read as follows:
35 29 2. If the career and technical education program offered
35 30 by a school district does not meet the board for career and
35 31 technical education's standards for program approval adopted
35 32 by the state board for career and technical education, the
35 33 district shall be granted one year to meet the standards for
35 34 approval. If a district chooses to waive the one=year grace
35 35 period, or the district fails to meet the approval standards
36 1 after one year, the director of the board for career and
36 2 technical department of education shall delegate the authority
36 3 to the regional career and technical education planning
36 4 partnership established pursuant to section 258.14 to direct
36 5 the district to contract with another school district or a
36 6 community college which has an approved program, for the
36 7 provision of career and technical education for students of
36 8 the district. The district that has waived the one=year grace
36 9 period or has failed to meet the approval standards shall pay
36 10 to the district or community college that has an approved
36 11 program an amount equal to the percent of the school day in
36 12 which a pupil is receiving career and technical education in
36 13 the approved program times the district cost per pupil of the
36 14 district of residence of the pupil. The regional career and
36 15 technical education planning partnership established pursuant
36 16 to section 258.14 shall contract with an approved program for
36 17 delivery of career and technical education in the district
36 18 which has failed to meet the approval standards or has waived
36 19 the one=year grace period. Transportation to and from the
36 20 approved program shall be provided by the school district that
36 21 has waived the one=year grace period or has failed to meet
36 22 approval standards. Reasonable effort shall be made to conduct
36 23 the approved program at an attendance center in the district
36 24 that has failed to meet the approval standards or has waived
36 25 the one=year grace period.
36 26 Sec. 84. Section 294.14, Code 2017, is amended to read as
36 27 follows:
36 28 294.14 Estimate of funds needed ==== levy.
36 29 The board of directors of said district shall annually,
36 30 for a period of five years after the effective date of the
36 31 termination of its pension system, at the meeting at which
36 32 it estimates the amount required for the general fund, in
36 33 accordance with the provisions of section 298.1, estimate the
36 34 additional amount if any necessary to pay to participants in
36 35 the pension system who are not entitled to receive benefits
37 1 under such system at the date of termination thereof, one=fifth
37 2 of the amount paid into said pension fund by such participants
37 3 therein, without interest, which amount shall be levied by
37 4 the board of supervisors, in accordance with provisions of
37 5 section 298.8 and, in addition thereto, the board of directors
37 6 of said district shall each year at the meeting at which
37 7 it estimates the amount required for the general fund, in
37 8 accordance with the provisions of section 298.1, estimate the
37 9 additional amount, if any, necessary to provide the required
37 10 annual payments to surviving beneficiaries of said pension
37 11 system, as defined provided in section 294.12, which amount
37 12 shall be levied by the board of supervisors, in accordance with
37 13 the provisions of section 298.8. Upon the death of the last
37 14 beneficiary, as defined in section 294.12, to survive, any
37 15 balance remaining in said fund, including any undisposed of
37 16 accumulations, shall be transferred to the general fund of said
37 17 school district.
37 18 Sec. 85. Section 303.66, subsection 2, Code 2017, is amended
37 19 to read as follows:
37 20 2. Taxes levied by the board shall be certified on or before
37 21 the first day of March to the county auditor of each county
37 22 where any of the property included within the territorial
37 23 limits of the land use district is located, and shall be placed
37 24 upon the tax list for the current year, and the. The county
37 25 treasurer shall collect the taxes in the same manner as other
37 26 taxes, and when. When delinquent they, the taxes shall draw
37 27 the same interest and penalties as other taxes. All taxes so
37 28 levied and collected shall be paid over to the treasurer of the
37 29 district.
37 30 Sec. 86. Section 313.2, subsection 2, paragraph b, Code
37 31 2017, is amended to read as follows:
37 32 b. However, prior to entering into the agreement, a notice
37 33 of intent to execute such agreement shall be published in a
37 34 newspaper of general circulation within the county and the cost
37 35 of such notice shall be jointly borne by the department and
38 1 the board of supervisors. If one hundred or more residents of
38 2 the county request by petition or in writing that a hearing
38 3 be held in regard to such agreement within ten days after the
38 4 publication of the notice, the board of supervisors and the
38 5 department shall hold such a hearing not more than seven days
38 6 after receiving the petition or written instrument, and based.
38 7 Based upon evidence presented at such the hearing, the board of
38 8 supervisors and the department shall reexamine the merits of
38 9 executing such agreement and make a decision in regard to it.
38 10 Sec. 87. Section 313.5, subsection 2, Code 2017, is amended
38 11 to read as follows:
38 12 2. The provisions of chapter 8 shall apply except that
38 13 the provisions of section 8.39 shall not apply to funds
38 14 appropriated to the department under section 313.4; however,
38 15 the first paragraph of section 8.39, subsection 1, shall
38 16 apply to appropriations for support of the department and for
38 17 engineering and administration of highway work and maintenance
38 18 of the primary road system.
38 19 Sec. 88. Section 313.12, Code 2017, is amended to read as
38 20 follows:
38 21 313.12 Supervision and inspection.
38 22 The department is expressly charged with the duty of
38 23 supervision, inspection, and direction of the work of
38 24 construction of primary roads on behalf of the state, and
38 25 of supervising the expenditure of all funds paid on account
38 26 of such work by the state or the county on the primary road
38 27 system and it shall do and perform all other matters and
38 28 things necessary to the faithful completion of the work herein
38 29 authorized in this section.
38 30 Sec. 89. Section 314.21, subsection 1, paragraph b, Code
38 31 2017, is amended to read as follows:
38 32 b. A city or county which has a project which qualifies for
38 33 the use of these funds shall submit a request for the funds
38 34 to the state department of transportation. A city or county
38 35 may, at its option, apply moneys allocated for use on city
39 1 or county projects under this subsection toward qualifying
39 2 projects on the primary road system. The state department of
39 3 transportation in consultation with the department of natural
39 4 resources shall determine which projects qualify for the
39 5 funds and which projects shall be funded if the requests for
39 6 the funds exceed the availability of the funds. In ranking
39 7 applications for funds, the department shall consider the
39 8 proportion of political subdivision matching funds to be
39 9 provided, if any, and the proportion of private contributions
39 10 to be provided, if any. In considering the proportion of
39 11 political subdivision matching funds provided, the department
39 12 shall consider only those moneys which are in addition to those
39 13 which the political subdivision has historically provided
39 14 toward such projects. Funds allocated to the cities, the
39 15 counties, and the department which are not programmed by the
39 16 end of each fiscal year shall be available for redistribution
39 17 to any eligible applicant regardless of the original allocation
39 18 of funds. Such funds shall be awarded for eligible projects
39 19 based upon their merit in meeting the program objectives
39 20 established by the department under section 314.22. The
39 21 department shall submit a report of all projects funded in
39 22 the previous fiscal year to the governor and to the general
39 23 assembly on January 15 of each year.
39 24 Sec. 90. Section 317.25, subsection 2, Code 2017, is amended
39 25 to read as follows:
39 26 2. Any person violating subsection 1 commits a public
39 27 offense and is subject to a fine not to exceed one hundred
39 28 dollars.
39 29 Sec. 91. Section 321.34, subsection 13, paragraph a,
39 30 subparagraph (1), Code 2017, is amended to read as follows:
39 31 (1) The owner of a motor vehicle subject to registration
39 32 pursuant to section 321.109, subsection 1, autocycle,
39 33 motor truck, motor home, multipurpose vehicle, motorcycle,
39 34 trailer, or travel trailer may upon request be issued special
39 35 registration plates that contain a space reserved for the
40 1 placement of an organization decal. If the special plates are
40 2 requested at the time of initial application for registration
40 3 and certificate of title for the vehicle, no special plate
40 4 fee is required other than the regular annual registration
40 5 fee for the vehicle. If the special plates are requested
40 6 as replacement plates, the owner shall surrender the current
40 7 regular or special registration plates in exchange for the
40 8 special plates and shall pay a replacement plate fee of five
40 9 dollars. The county treasurer shall validate special plates
40 10 with an organization decal in the same manner as regular
40 11 plates, upon payment of the annual registration fee.
40 12 Sec. 92. Section 321.40, subsection 6, paragraph a, Code
40 13 2017, is amended to read as follows:
40 14 a. The department or the county treasurer shall refuse
40 15 to renew the registration of a vehicle registered to the
40 16 applicant if the department or the county treasurer knows that
40 17 the applicant has a delinquent account, charge, fee, loan,
40 18 taxes, or other indebtedness owed to or being collected by
40 19 the state, from information provided pursuant to sections
40 20 8A.504 and 421.17. An applicant may contest this action by
40 21 requesting initiating a contested case proceeding from with
40 22 the agency that referred the debt for collection pursuant to
40 23 section 8A.504. The department of revenue and the department
40 24 of transportation shall notify the county treasurers through
40 25 the distributed teleprocessing network of persons who owe
40 26 such a delinquent account, charge, fee, loan, taxes, or other
40 27 indebtedness.
40 28 Sec. 93. Section 321.40, subsection 7, paragraph a, Code
40 29 2017, is amended to read as follows:
40 30 a. The department or the county treasurer shall refuse to
40 31 renew the registration of a vehicle registered to an applicant
40 32 if the department or the county treasurer knows that the
40 33 applicant has not paid a civil penalty imposed on the applicant
40 34 pursuant to section 321N.3, subsection 3. An applicant may
40 35 contest this action by requesting initiating a contested
41 1 case proceeding from with the department. The department
41 2 shall notify the county treasurers through the distributed
41 3 teleprocessing network of persons who have not paid such civil
41 4 penalties.
41 5 Sec. 94. Section 321.189, subsection 8, Code 2017, is
41 6 amended to read as follows:
41 7 8. Veterans status. A licensee who is an honorably
41 8 discharged veteran of the armed forces of the United States may
41 9 request that the license be marked to reflect the licensee's
41 10 veteran status. Upon such a request, the word "VETERAN" shall
41 11 be marked prominently on the face of the license. Such a
41 12 license shall be issued upon receipt of satisfactory proof
41 13 of veteran status pursuant to procedures established by the
41 14 department in consultation with the department of veterans
41 15 affairs, or upon presentation of the licensee's certification
41 16 of release or discharge from active duty, DD form 214, to
41 17 the department at the time of the licensee's request, if the
41 18 form indicates the licensee was honorably discharged. If
41 19 the license is issued upon presentation of the licensee's
41 20 certification of release or discharge from active duty, DD form
41 21 214, the department shall notify the commission of veteran
41 22 affairs of the county of the licensee's residence that the
41 23 licensee was issued a license marked to reflect the licensee's
41 24 veteran status. After receiving notification from the
41 25 department, the commission of veteran affairs shall initiate
41 26 contact with the licensee.
41 27 Sec. 95. Section 321.285, subsection 7, Code 2017, is
41 28 amended to read as follows:
41 29 7. A person who violates this section for excessive speed
41 30 in violation of a speed limit commits a simple misdemeanor
41 31 punishable as a scheduled violation under section 805.8A,
41 32 subsection 5. A person who violates this section for excessive
41 33 operates a school bus at a speed as an operator of a school bus
41 34 which exceeds a limit established under this section by ten
41 35 miles an hour or less commits a simple misdemeanor punishable
42 1 as a scheduled violation under section 805.8A, subsection
42 2 10. A person who violates any other provision of this section
42 3 commits a simple misdemeanor.
42 4 Sec. 96. Section 321.463, subsection 5, paragraph a,
42 5 unnumbered paragraph 1, Code 2017, is amended to read as
42 6 follows:
42 7 The maximum gross weight allowed to be carried on a vehicle
42 8 or combination of vehicles on highways which are part of the
42 9 primary road system is as follows:
42 10 Sec. 97. Section 321G.13, subsection 2, paragraph b,
42 11 subparagraph (1), Code 2017, is amended to read as follows:
42 12 (1) A person may operate or ride on a snowmobile with a
42 13 loaded firearm, whether concealed or not, without a permit to
42 14 carry weapons, if the person operates or rides on land owned or
42 15 possessed by the person, and the person's conduct is otherwise
42 16 lawful.
42 17 Sec. 98. Section 321G.13, subsection 2, paragraph b,
42 18 subparagraph (2), unnumbered paragraph 1, Code 2017, is amended
42 19 to read as follows:
42 20 If a person is operating or riding on a snowmobile on land
42 21 that is not owned or possessed by the person, the person may
42 22 operate or ride the snowmobile with a loaded firearm, whether
42 23 concealed or not, if all of the following apply:
42 24 Sec. 99. Section 321I.14, subsection 2, paragraph b,
42 25 subparagraph (1), Code 2017, is amended to read as follows:
42 26 (1) A person may operate or ride on an all=terrain vehicle
42 27 with a loaded firearm, whether concealed or not, without a
42 28 permit to carry weapons, if the person operates or rides on
42 29 land owned or possessed by the person, and the person's conduct
42 30 is otherwise lawful.
42 31 Sec. 100. Section 321I.14, subsection 2, paragraph b,
42 32 subparagraph (2), unnumbered paragraph 1, Code 2017, is amended
42 33 to read as follows:
42 34 If a person is operating or riding on an all=terrain
42 35 vehicle on land that is not owned or possessed by the person,
43 1 the person may operate or ride the all=terrain vehicle with
43 2 a loaded firearm, whether concealed or not, if all of the
43 3 following apply:
43 4 Sec. 101. Section 325A.1, subsection 13, Code 2017, is
43 5 amended to read as follows:
43 6 13. "Private carrier" means a person who provides
43 7 transportation of property or passengers by motor vehicle,
43 8 is not a for=hire motor carrier or a transportation network
43 9 company or a transportation network company driver, as
43 10 defined in section 321N.1, or who transports commodities
43 11 of which the person is the owner, lessee, or bailee and
43 12 the transportation is a furtherance of the person's primary
43 13 business or occupation, but is not a for=hire motor carrier or
43 14 a transportation network company or a transportation network
43 15 company driver, as defined in section 321N.1.
43 16 Sec. 102. Section 331.655, subsection 1, paragraph a, Code
43 17 2017, is amended to read as follows:
43 18 a. For serving a notice and returning it, for the first
43 19 person served, fifteen dollars, and for each additional person,
43 20 fifteen dollars, except that the fee for serving additional
43 21 persons in the same household shall be ten dollars for each
43 22 additional service, or if the service of notice cannot be
43 23 made or several attempts are necessary, the repayment of all
43 24 necessary expenses actually incurred by the sheriff while
43 25 attempting in good faith to serve the notice.
43 26 Sec. 103. Section 331.910, subsection 4, paragraph f, Code
43 27 2017, is amended to read as follows:
43 28 f. While in the receiving state pursuant to a contract
43 29 under this subsection, a person detained, committed, or placed
43 30 under the laws of a sending state shall be subject to all laws
43 31 and regulations of the receiving state, except those laws and
43 32 regulations with respect to the involuntary civil commitment
43 33 of the person due to a mental illness or substance=related
43 34 disorder. A person shall not be sent to a receiving state
43 35 pursuant to a contract under this section subsection until the
44 1 receiving state has enacted a law recognizing the validity and
44 2 applicability of this subsection.
44 3 Sec. 104. Section 364.2, subsection 4, paragraph b, Code
44 4 2017, is amended to read as follows:
44 5 b. Such an ordinance shall not become effective unless
44 6 approved at an election. The proposal may be submitted by the
44 7 council on its own motion to the voters at any city election.
44 8 Upon receipt of a valid petition as defined in meeting the
44 9 requirements of section 362.4 requesting that a proposal be
44 10 submitted to the voters, the council shall submit the proposal
44 11 at the next regular city election or at a special election
44 12 called for that purpose before the next regular city election.
44 13 However, the city council may dispense with such election as
44 14 to the grant, amendment, extension, or renewal of an electric
44 15 light and power, heating, or gasworks franchise unless there is
44 16 a valid petition requesting submission of the proposal to the
44 17 voters, or the party seeking such franchise, grant, amendment,
44 18 extension, or renewal requests an election. If a majority of
44 19 those voting approves the proposal, the city may proceed as
44 20 proposed. The complete text of the ordinance shall be included
44 21 on the ballot if conventional paper ballots are used. If
44 22 an optical scan voting system is used, the proposal shall be
44 23 stated on the optical scan ballot, and the full text of the
44 24 ordinance posted for the voters pursuant to section 52.25. All
44 25 absentee voters shall receive the full text of the ordinance.
44 26 Sec. 105. Section 372.13, subsection 11, paragraph a, Code
44 27 2017, is amended to read as follows:
44 28 a. Council members shall be elected according to the council
44 29 representation plans under sections 372.4 and 372.5. However,
44 30 the council representation plan may be changed, by petition
44 31 and election, to one of those described in this subsection.
44 32 Upon receipt of a valid petition, as defined in meeting the
44 33 requirements of section 362.4, requesting a change to a council
44 34 representation plan, the council shall submit the question at
44 35 a special election. If a majority of the persons voting at
45 1 the special election approves the changed plan, it becomes
45 2 effective at the beginning of the term following the next
45 3 regular city election. If a majority does not approve the
45 4 changed plan, the council shall not submit another proposal to
45 5 change a plan to the voters within the next two years.
45 6 Sec. 106. Section 376.2, subsection 2, Code 2017, is amended
45 7 to read as follows:
45 8 2. Except as otherwise provided by state law or the city
45 9 charter, terms for elective offices are two years. However,
45 10 the term of an elective office may be changed to two or four
45 11 years by petition and election. Upon receipt of a valid
45 12 petition as defined in meeting the requirements of section
45 13 362.4, requesting that the term of an elective office be
45 14 changed, the council shall submit the question at a special
45 15 election. If a majority of the persons voting at the special
45 16 election approves the changed term, it becomes effective at the
45 17 beginning of the term following the next regular city election.
45 18 If a majority does not approve the changed term, the council
45 19 shall not submit the same proposal to the voters within the
45 20 next four years.
45 21 Sec. 107. Section 384.31, Code 2017, is amended to read as
45 22 follows:
45 23 384.31 Negotiable.
45 24 General obligation bonds issued pursuant to this part
45 25 division are negotiable instruments.
45 26 Sec. 108. Section 384.44, Code 2017, is amended to read as
45 27 follows:
45 28 384.44 Estimated cost.
45 29 The estimated total cost of any public improvement
45 30 constructed under this part division must include all of the
45 31 items of cost listed in section 384.37, subsection 26, which
45 32 the council proposes to include as a part of the cost of the
45 33 public improvement, and may include an item to be known as the
45 34 default fund amounting to not more than ten percent of the
45 35 portion of the total cost of the improvement which the council
46 1 proposes to assess against specially benefited property.
46 2 Sec. 109. Section 384.66, subsection 4, Code 2017, is
46 3 amended to read as follows:
46 4 4. No action may be brought questioning the regularity
46 5 of the proceedings pertaining to special assessments or the
46 6 validity of any special assessment levied for any public
46 7 improvement under this part division, from and after sixty
46 8 days after the final publication of notice of filing the final
46 9 assessment schedule.
46 10 Sec. 110. Section 384.76, Code 2017, is amended to read as
46 11 follows:
46 12 384.76 Application to joint undertakings.
46 13 The provisions of this division apply to any public
46 14 improvement undertaken jointly by the city and another city or
46 15 by the city and the state or any other political subdivision
46 16 of the state, and a city may enter into an agreement for such
46 17 purpose under the provisions of chapter 28E and may assess and
46 18 pay its portion of the cost of a public improvement as provided
46 19 in this division, but any requirement of this part division
46 20 in respect to approval of detailed plans and specifications,
46 21 calling for construction bids, awarding construction contracts
46 22 and acceptance of the completed improvement may be carried
46 23 out by each city with other cities, the state or any other
46 24 political subdivision of the state, as provided in an
46 25 agreement entered into as permitted by chapter 28E. However,
46 26 an agreement between the city and the state department of
46 27 transportation is also governed by the provisions of sections
46 28 313.21 to 313.23.
46 29 Sec. 111. Section 403A.10, Code 2017, is amended to read as
46 30 follows:
46 31 403A.10 Tax exemption and payments in lieu of taxes.
46 32 The property acquired or held pursuant to this chapter is
46 33 declared to be public property used exclusively for essential
46 34 city, or municipal public and governmental purposes and such
46 35 property is hereby declared to be exempt from all taxes and
47 1 special assessments of the state or of any state public body.
47 2 In lieu of taxes on such property a municipality may agree to
47 3 make payments to the state or a state public body (including
47 4 itself), including to the municipality, as it finds consistent
47 5 with the maintenance of the low=rent character of housing
47 6 projects and the achievement of the purposes of this chapter.
47 7 Sec. 112. Section 403A.12, Code 2017, is amended to read as
47 8 follows:
47 9 403A.12 Bonds.
47 10 1. A municipality shall have power to issue bonds from
47 11 time to time in its discretion, for any of the purposes of
47 12 this chapter. A municipality shall also have power to issue
47 13 refunding bonds for the purpose of paying or retiring bonds
47 14 previously issued by it. A municipality may issue such types
47 15 of bonds as it may determine, including (without limiting the
47 16 generality of the foregoing) bonds on which the principal and
47 17 interest are payable exclusively from the income and revenues
47 18 of the project financed with the proceeds of such bonds, or
47 19 exclusively from the income and revenues of certain designated
47 20 housing projects whether or not they are financed in whole
47 21 or in part with the proceeds of such bonds. Any such bonds
47 22 may be additionally secured by a pledge of any loan, grant or
47 23 contribution or parts thereof from the federal government or
47 24 other source, or a pledge of any income or revenues connected
47 25 with a housing project or a mortgage of any housing project or
47 26 projects. The authority to issue bonds under this subsection
47 27 does not limit the municipality's general authority to issue
47 28 bonds for any of the purposes of this chapter.
47 29 2. Neither the governing body of a municipality nor any
47 30 person executing the bonds shall be liable personally on the
47 31 bonds by reason of the issuance thereof hereunder. The bonds
47 32 and other obligations issued under the provisions of this
47 33 chapter (and such bonds and obligations shall so state on their
47 34 face) shall be payable solely from the sources provided in this
47 35 section and shall not constitute an indebtedness within the
48 1 meaning of any constitutional or statutory debt limitation or
48 2 restriction. The bonds and obligations shall state on their
48 3 face that they are payable solely from the sources provided in
48 4 this section and that they do not constitute an indebtedness
48 5 within the meaning of any constitutional or statutory debt
48 6 limitation or restriction. Bonds issued pursuant to this
48 7 chapter are declared to be issued for an essential public
48 8 and governmental purpose and to be public instrumentalities
48 9 and, together with interest thereon and income therefrom,
48 10 shall be exempt from taxes. The tax exemption provisions of
48 11 this chapter shall be considered part of the security for the
48 12 repayment of bonds and shall constitute, by virtue of this
48 13 chapter and without the necessity of the same being restated
48 14 in said bonds, a contract between the bondholders and each and
48 15 every one thereof, including all transferees of said bonds from
48 16 time to time on the one hand and the respective municipalities
48 17 issuing said bonds and the state on the other.
48 18 Sec. 113. Section 403A.18, Code 2017, is amended to read as
48 19 follows:
48 20 403A.18 Transfer of possession or title to federal
48 21 government.
48 22 In any contract with the federal government for annual
48 23 contributions to a municipality, the municipality may obligate
48 24 itself, which obligation shall be specifically enforceable and
48 25 shall not constitute a mortgage, notwithstanding any other
48 26 law, to convey to the federal government possession of or
48 27 title to the housing project to which such contract relates,
48 28 upon the occurrence of a substantial default as defined in
48 29 such contract with respect to the covenant or conditions to
48 30 which the municipality is subject; and such. The contract may
48 31 further provide that in case of such conveyance, the federal
48 32 government may complete, operate, manage, lease, convey, or
48 33 otherwise deal with the housing project and funds in accordance
48 34 with the terms of such the contract: Provided, provided that
48 35 the contract requires that, as soon as practicable after the
49 1 federal government is satisfied that all defaults with respect
49 2 to the housing project have been cured and that the housing
49 3 project will thereafter be operated in accordance with the
49 4 terms of the contract, the federal government shall reconvey to
49 5 the municipality the housing project as then constituted.
49 6 Sec. 114. Section 404A.1, subsection 6, Code 2017, is
49 7 amended to read as follows:
49 8 6. "Program" shall mean the historic preservation and
49 9 cultural and entertainment district tax credit program set
49 10 forth in this chapter.
49 11 Sec. 115. Section 404A.2, subsection 1, Code 2017, is
49 12 amended to read as follows:
49 13 1. An eligible taxpayer who has entered into an agreement
49 14 under section 404A.3, subsection 3, is eligible to receive a
49 15 historic preservation and cultural and entertainment district
49 16 tax credit in an amount equal to twenty=five percent of
49 17 the qualified rehabilitation expenditures of a qualified
49 18 rehabilitation project that are specified in the agreement.
49 19 Notwithstanding any other provision of this chapter or any
49 20 provision in the agreement to the contrary, the amount of the
49 21 tax credits shall not exceed twenty=five percent of the final
49 22 qualified rehabilitation expenditures verified by the authority
49 23 pursuant to section 404A.3, subsection 5, paragraph "c".
49 24 Sec. 116. Section 404A.3, subsection 1, paragraph a, Code
49 25 2017, is amended to read as follows:
49 26 a. An eligible taxpayer seeking historic preservation and
49 27 cultural and entertainment district tax credits provided in
49 28 section 404A.2 shall make application to the authority in the
49 29 manner prescribed by the authority.
49 30 Sec. 117. Section 404A.5, subsection 2, Code 2017, is
49 31 amended to read as follows:
49 32 2. An annual report shall be filed which shall include
49 33 but is not limited to data on the number and potential value
49 34 of qualified rehabilitation projects begun during the latest
49 35 twelve=month period, the total historic preservation and
50 1 cultural and entertainment district tax credits originally
50 2 awarded or tax credit certificates originally issued during
50 3 that period, the potential reduction in state tax revenues
50 4 as a result of all awarded or issued tax credits still
50 5 unclaimed and eligible for refund, and the potential increase
50 6 in local property tax revenues as a result of the qualified
50 7 rehabilitation projects.
50 8 Sec. 118. Section 411.7, subsection 1, Code 2017, is amended
50 9 to read as follows:
50 10 1. The board of trustees is the trustee of the fire
50 11 and police retirement fund created in section 411.8 and
50 12 shall annually establish an investment policy to govern the
50 13 investment and reinvestment of the moneys in the fund, subject
50 14 to the terms, conditions, limitations, and restrictions imposed
50 15 by subsection 2 and chapters 12F, and 12H, and 12J. Subject
50 16 to like terms, conditions, limitations, and restrictions
50 17 the system has full power to hold, purchase, sell, assign,
50 18 transfer, or dispose of any of the securities and investments
50 19 in which the fund has been invested, as well as of the proceeds
50 20 of the investments and any moneys belonging to the fund.
50 21 Sec. 119. Section 422.11D, Code 2017, is amended to read as
50 22 follows:
50 23 422.11D Historic preservation and cultural and entertainment
50 24 district tax credit.
50 25 The taxes imposed under this division, less the credits
50 26 allowed under section 422.12, shall be reduced by a historic
50 27 preservation and cultural and entertainment district tax credit
50 28 allowed under chapter 404A.
50 29 Sec. 120. Section 422.15, subsection 1, Code 2017, is
50 30 amended to read as follows:
50 31 1. Every person or corporation being a resident of or
50 32 having a place of business in this state, including lessees
50 33 or mortgagors of real or personal property, fiduciaries,
50 34 employers and all officers and employees of the state or of any
50 35 political subdivision of the state, or agent of the person or
51 1 corporation, having the control, receipt, custody, disposal or
51 2 payment of interest (other other than interest coupons payable
51 3 to bearer) bearer, rent, salaries, wages, premiums, annuities,
51 4 compensations, remunerations, emoluments, unemployment
51 5 compensation, royalties, patronage dividends, or other fixed or
51 6 determinable annual or periodical gains, profits and income,
51 7 in an amount sufficient to require that an information return
51 8 be filed under the Internal Revenue Code if the income is
51 9 subject to federal tax, paid or payable during any year to any
51 10 individual, whether a resident of this state or not, shall make
51 11 a complete information return under such regulations and in
51 12 such form and manner and to such extent as may be prescribed by
51 13 the director. However, the person or corporation shall not be
51 14 required to file an information return if the information is
51 15 available to the department from the internal revenue service.
51 16 Sec. 121. Section 422.33, subsection 10, Code 2017, is
51 17 amended to read as follows:
51 18 10. The taxes imposed under this division shall be reduced
51 19 by a historic preservation and cultural and entertainment
51 20 district tax credit allowed under chapter 404A.
51 21 Sec. 122. Section 422.60, subsection 4, Code 2017, is
51 22 amended to read as follows:
51 23 4. The taxes imposed under this division shall be reduced by
51 24 a historic preservation and cultural and entertainment district
51 25 tax credit allowed under chapter 404A.
51 26 Sec. 123. Section 427B.1, Code 2017, is amended to read as
51 27 follows:
51 28 427B.1 Actual value added exemption from tax ==== public
51 29 hearing.
51 30 1. For purposes of this section:
51 31 a. "Distribution center" means a building or structure
51 32 used primarily for the storage of goods which are intended for
51 33 subsequent shipment to retail outlets. "Distribution center"
51 34 does not mean a building or structure used primarily to store
51 35 raw agricultural products, used primarily by a manufacturer
52 1 to store goods to be used in the manufacturing process, used
52 2 primarily for the storage of petroleum products, or used for
52 3 the retail sale of goods.
52 4 b. "New construction" means new buildings and structures
52 5 and includes new buildings and structures which are constructed
52 6 as additions to existing buildings and structures. "New
52 7 construction" does not include reconstruction of an existing
52 8 building or structure which does not constitute complete
52 9 replacement of an existing building or structure or refitting
52 10 of an existing building or structure, unless the reconstruction
52 11 of an existing building or structure is required due to
52 12 economic obsolescence and the reconstruction is necessary to
52 13 implement recognized industry standards for the manufacturing
52 14 and processing of specific products and the reconstruction
52 15 is required for the owner of the building or structure to
52 16 continue to competitively manufacture or process those products
52 17 which determination shall receive prior approval from the city
52 18 council of the city or the board of supervisors of the county.
52 19 c. "Research=service facilities" means a building or
52 20 group of buildings devoted primarily to research and
52 21 development activities, including but not limited to the
52 22 design and production or manufacture of prototype products for
52 23 experimental use, and corporate=research services which do not
52 24 have a primary purpose of providing on=site services to the
52 25 public.
52 26 d. "Warehouse" means a building or structure used as a
52 27 public warehouse for the storage of goods pursuant to chapter
52 28 554, article 7, except that it does not mean a building or
52 29 structure used primarily to store raw agricultural products or
52 30 from which goods are sold at retail.
52 31 2. A city council, or a county board of supervisors as
52 32 authorized by section 427B.2, may provide by ordinance for
52 33 a partial exemption from property taxation of the actual
52 34 value added to industrial real estate by the new construction
52 35 of industrial real estate, research=service facilities,
53 1 warehouses, distribution centers and the acquisition of or
53 2 improvement to machinery and equipment assessed as real estate
53 3 pursuant to section 427A.1, subsection 1, paragraph "e". "New
53 4 construction" means new buildings and structures and includes
53 5 new buildings and structures which are constructed as additions
53 6 to existing buildings and structures. "New construction" does
53 7 not include reconstruction of an existing building or structure
53 8 which does not constitute complete replacement of an existing
53 9 building or structure or refitting of an existing building or
53 10 structure, unless the reconstruction of an existing building
53 11 or structure is required due to economic obsolescence and the
53 12 reconstruction is necessary to implement recognized industry
53 13 standards for the manufacturing and processing of specific
53 14 products and the reconstruction is required for the owner
53 15 of the building or structure to continue to competitively
53 16 manufacture or process those products which determination shall
53 17 receive prior approval from the city council of the city or the
53 18 board of supervisors of the county. The exemption shall also
53 19 apply to new machinery and equipment assessed as real estate
53 20 pursuant to section 427A.1, subsection 1, paragraph "e", unless
53 21 the machinery or equipment is part of the normal replacement
53 22 or operating process to maintain or expand the existing
53 23 operational status. "Research=service facilities" means a
53 24 building or group of buildings devoted primarily to research
53 25 and development activities, including but not limited to the
53 26 design and production or manufacture of prototype products for
53 27 experimental use, and corporate=research services which do not
53 28 have a primary purpose of providing on=site services to the
53 29 public. "Warehouse" means a building or structure used as a
53 30 public warehouse for the storage of goods pursuant to chapter
53 31 554, article 7, except that it does not mean a building or
53 32 structure used primarily to store raw agricultural products
53 33 or from which goods are sold at retail. "Distribution center"
53 34 means a building or structure used primarily for the storage
53 35 of goods which are intended for subsequent shipment to retail
54 1 outlets. "Distribution center" does not mean a building or
54 2 structure used primarily to store raw agricultural products,
54 3 used primarily by a manufacturer to store goods to be used in
54 4 the manufacturing process, used primarily for the storage of
54 5 petroleum products, or used for the retail sale of goods.
54 6 2. 3. The ordinance may be enacted not less than thirty
54 7 days after a public hearing is held in accordance with section
54 8 335.6 in the case of a county, or section 362.3 in the case of
54 9 a city. The ordinance shall designate the length of time the
54 10 partial exemption shall be available and may provide for an
54 11 exemption schedule in lieu of that provided in section 427B.3.
54 12 However, an alternative exemption schedule adopted shall not
54 13 provide for a larger tax exemption in a particular year than
54 14 is provided for that year in the schedule contained in section
54 15 427B.3.
54 16 Sec. 124. Section 432.12A, Code 2017, is amended to read as
54 17 follows:
54 18 432.12A Historic preservation and cultural and entertainment
54 19 district tax credit.
54 20 The taxes imposed under this chapter shall be reduced by a
54 21 historic preservation and cultural and entertainment district
54 22 tax credit allowed under chapter 404A.
54 23 Sec. 125. Section 441.48, Code 2017, is amended to read as
54 24 follows:
54 25 441.48 Notice of adjustment.
54 26 Before the department of revenue shall adjust the valuation
54 27 of any class of property any such percentage, the department
54 28 shall serve ten days' notice by mail, on the county auditor
54 29 of the county whose valuation is proposed to be adjusted and
54 30 the. The department shall hold an adjourned meeting after
54 31 such ten days' notice, at which time the county or assessing
54 32 jurisdiction may appear by its city council or board of
54 33 supervisors, city or county attorney, and other assessing
54 34 jurisdiction, city or county officials, and make written or
54 35 oral protest against such proposed adjustment, which. The
55 1 protest shall consist simply of a statement of the error, or
55 2 errors, complained of with such facts as may lead to their
55 3 correction, and at such. At the adjourned meeting final action
55 4 may be taken in reference thereto to the proposed adjustment.
55 5 Sec. 126. Section 455B.183, subsection 2, unnumbered
55 6 paragraph 1, Code 2017, is amended to read as follows:
55 7 Upon adoption of standards by the commission pursuant
55 8 to section 455B.173, subsections 5 to through 8, plans
55 9 and specifications for sewer extensions and water supply
55 10 distribution system extensions covered by this section shall
55 11 be submitted to the city or county public works department
55 12 for approval if the local public works department employs
55 13 a qualified, licensed engineer who reviews the plans and
55 14 specifications using the specific state standards known as the
55 15 Iowa Standards standards for Sewer Systems sewer systems and
55 16 the Iowa Standards standards for Water Supply Distribution
55 17 Systems water supply distribution systems that have been
55 18 formulated and adopted by the department pursuant to section
55 19 455B.173, subsections 5 to through 8. The local agency shall
55 20 issue a written permit to construct if all of the following
55 21 apply:
55 22 Sec. 127. Section 455B.302, subsection 2, Code 2017, is
55 23 amended to read as follows:
55 24 2. Cities and counties may execute with public and private
55 25 agencies contracts, leases, or other necessary instruments, and
55 26 may purchase land and do all things necessary not prohibited
55 27 by law for the implementation of waste management programs,
55 28 collection of solid waste, establishment and operation of
55 29 sanitary disposal projects, and general administration of the
55 30 same. Any agreement executed with a private agency for the
55 31 operation of a sanitary disposal project shall provide for
55 32 the posting of a sufficient surety bond by the private agency
55 33 conditioned upon the faithful performance of the agreement. A
55 34 city or county may at any time during regular working hours
55 35 enter upon the premises of a sanitary disposal project,
56 1 including the premises of a sanitary landfill, in order to
56 2 inspect the premises and monitor the operations and general
56 3 administration of the project to ensure compliance with the
56 4 agreement and with state and federal laws. This includes
56 5 the right of the city or county to enter upon the premises
56 6 of a former sanitary disposal project which has been closed,
56 7 including the premises of a former sanitary landfill, owned
56 8 by a private agency, for the purpose of providing required
56 9 postclosure care.
56 10 Sec. 128. Section 456A.33B, subsection 3, paragraph c,
56 11 unnumbered paragraph 1, Code 2017, is amended to read as
56 12 follows:
56 13 Each joint lake restoration action plan shall comply with
56 14 the following guidelines:
56 15 Sec. 129. Section 461A.32, Code 2017, is amended to read as
56 16 follows:
56 17 461A.32 Sale of park lands ==== conveyances to cities or
56 18 counties.
56 19 1. The commission may sell or exchange such parts of
56 20 public lands under the jurisdiction of the commission as in
56 21 its judgment may be undesirable for conservation purposes,
56 22 excepting state=owned meandered lands already surveyed and
56 23 platted at state expense as a conservation plan and project
56 24 tentatively adopted and now in the process of rehabilitation
56 25 and development authorized by a special legislative Act. The
56 26 sale or exchange shall be made upon the terms, conditions or
56 27 considerations as the commission may approve, whereupon the
56 28 secretary of state shall issue a patent therefor in the manner
56 29 provided by law in other cases. The proceeds of any such sale
56 30 or exchange shall become a part of the funds to be expended
56 31 under the provisions of this chapter.
56 32 2. Upon request by resolution of any city, or county, or
56 33 any legal agency thereof of any city or county, the executive
56 34 council may, upon majority recommendation of the commission,
56 35 convey without consideration to such city, or county, or legal
57 1 agency thereof of the city or county, such public lands under
57 2 the jurisdiction of the commission as in its judgment may be
57 3 desirable for city or county parks. Conveyance shall be in the
57 4 name of the state, with the great seal of the state attached
57 5 and shall contain a provision that when such lands cease to be
57 6 used as public park by said city or county such lands revert to
57 7 the state, and such park shall, within one year after such land
57 8 has reverted to the state, be restored, as nearly as possible,
57 9 to the condition it was in when acquired by such city, county,
57 10 or legal agency thereof of the city or county at the expense of
57 11 such city, county, or legal agency.
57 12 3. The state may require that the city, county, or legal
57 13 agency thereof of the city or county file a notice of intention
57 14 every three years.
57 15 Sec. 130. Section 461A.68, Code 2017, is amended to read as
57 16 follows:
57 17 461A.68 Final order ==== condition.
57 18 It The commission may grant such permit in whole or in
57 19 part upon such terms, conditions and restrictions as may be
57 20 determined by it the commission to be just and proper and in
57 21 the public interest, provided that. However, before any permit
57 22 shall be granted to any such municipality or corporation, the
57 23 commission shall, after public hearing as provided hereby in
57 24 this subchapter, determine whether the water recreational area
57 25 will be in the interests of the public health and welfare and
57 26 an affirmative finding to such effect shall be a condition
57 27 precedent to the granting of such permit.
57 28 Sec. 131. Section 461A.74, Code 2017, is amended to read as
57 29 follows:
57 30 461A.74 Extension of permit.
57 31 Any municipality or corporation owning a permit granted
57 32 hereby desiring under this subchapter, which desires to acquire
57 33 an extension of said the permit, may petition the commission in
57 34 the same manner provided for the granting of such the permit
57 35 and the same proceeding shall be had on the extension petition
58 1 as on an original application.
58 2 Sec. 132. Section 468.13, subsection 1, Code 2017, is
58 3 amended to read as follows:
58 4 1. Upon the filing of the report of the engineer
58 5 recommending the establishment of the levee or drainage
58 6 district, the board shall at its first regular, adjourned, or
58 7 special meeting examine and consider the same, and, if the
58 8 plan is not approved the board may employ the same engineer
58 9 or another disinterested engineer to report another plan or
58 10 make additional examination and surveys and file an additional
58 11 report covering such matters as the board may direct.
58 12 Additional surveys and reports must be made in accordance with
58 13 the provisions of sections 468.11 and 468.12. At any time
58 14 prior to the final adoption of the plans they may be amended,
58 15 and as finally adopted by the board shall be conclusive unless
58 16 the action of the board in finally adopting them shall be
58 17 appealed from as hereinafter provided in this subchapter.
58 18 Sec. 133. Section 468.40, Code 2017, is amended to read as
58 19 follows:
58 20 468.40 Rules of classification.
58 21 1. In the The report of the appraisers so appointed they
58 22 commissioners shall specify each tract of land by proper
58 23 description, and the ownership thereof, as the same appears on
58 24 the transfer books in the auditor's office.
58 25 2. In estimating the benefits as to the lands not traversed
58 26 by said improvement, they the commissioners shall not consider
58 27 what benefits such land shall receive after some other
58 28 improvements shall have been constructed, but only the benefits
58 29 which will be received by reason of the construction of the
58 30 improvement in question as it affords an outlet to the drainage
58 31 of such lands, or brings an outlet nearer to said lands, or
58 32 relieves the same lands from overflow and relieves and protects
58 33 the same lands from damage by erosion.
58 34 3. When the land is a state=owned lake or state=owned
58 35 wetland, the commissioners shall ascertain the benefits
59 1 realized from removing excess water and shall not consider any
59 2 benefit realized if the state=owned lake or state=owned wetland
59 3 were drained or converted to another land use.
59 4 Sec. 134. Section 468.69, Code 2017, is amended to read as
59 5 follows:
59 6 468.69 Bonds received for assessments.
59 7 Bonds issued for the cost of construction, maintenance,
59 8 or repair of any drainage or levee district improvements, or
59 9 for the refunding of any obligation of such district may be
59 10 acquired by any taxpayer or group of taxpayers of such district
59 11 and applied at their face value in the order of their priority,
59 12 if any priority exists between bonds of the same issue, upon
59 13 the payment of the delinquent or future assessments levied
59 14 against the property of such taxpayers to pay off the bonds
59 15 so acquired. The interest coupons attached to such bonds may
59 16 likewise be applied at their face value to the payment of
59 17 assessments for interest accounts, delinquent or future.
59 18 Sec. 135. Section 468.94, Code 2017, is amended to read as
59 19 follows:
59 20 468.94 Costs.
59 21 Unless the result on the appeal is more favorable to the
59 22 appellant than to the action of the board, all costs of the
59 23 appeal shall be taxed to the appellant, but if. If the result
59 24 is more favorable to the appellant, the cost shall be taxed to
59 25 the appellees.
59 26 Sec. 136. Section 478.6A, subsection 2, Code 2017, is
59 27 amended to read as follows:
59 28 2. A petition for a franchise to construct a merchant line,
59 29 in addition to any other applicable requirements pursuant to
59 30 this chapter, shall be subject to all of the following:
59 31 Notwithstanding section 478.21, in addition to any other
59 32 applicable requirements pursuant to this chapter, if a petition
59 33 for a franchise to construct a merchant line that involves the
59 34 taking of property under eminent domain is not approved by the
59 35 board and a franchise granted within three years following the
60 1 date the petition is filed with the board pursuant to section
60 2 478.3, the board shall reject the petition and make a record
60 3 of the rejection. If the hearing on the petition conducted
60 4 pursuant to section 478.4 has been held within the three=year
60 5 period following the date the petition is filed, but the board
60 6 has not completed its deliberations within that three=year
60 7 period, the three=year period may be extended by the board to
60 8 allow completion of deliberations. A petitioner shall not file
60 9 a petition for the same or a similar project that has been
60 10 rejected within sixty months following the date of rejection
60 11 if the rejection was for failure to be approved within three
60 12 years following the date the petition was filed as provided in
60 13 this subsection.
60 14 Sec. 137. Section 483A.18, Code 2017, is amended to read as
60 15 follows:
60 16 483A.18 Form of licenses.
60 17 All hunting, fishing, and fur harvester licenses shall
60 18 contain a general description of the licensee. Such licenses
60 19 shall be upon such forms as the commission shall adopt. The
60 20 address and the signature of the applicant and all signatures
60 21 and other writing required information shall be in writing.
60 22 All licenses shall clearly indicate the nature of the privilege
60 23 granted.
60 24 Sec. 138. Section 484B.7, subsection 2, Code 2017, is
60 25 amended to read as follows:
60 26 2. Each licensee shall file an annual report with the
60 27 department on or before April 30. The report shall detail the
60 28 hunting preserve operations during the preceding license year.
60 29 The original report shall be forwarded to the department and a
60 30 copy shall be retained in the hunting preserve's file for three
60 31 years from the date of expiration of the hunting preserve's
60 32 last license issued. Records required by this section shall be
60 33 entered in the annual report record within twenty=four hours
60 34 of the event. Failure to keep or submit the required records
60 35 and reports is grounds for refusal to renew a license for
61 1 the succeeding year. An on=site inspection of property and
61 2 facilities shall be conducted by an authorized agent of the
61 3 department prior to the initial issuance of a hunting preserve
61 4 operator's license. The hunting preserve may be reinspected by
61 5 an agent of the department at any reasonable time. A licensed
61 6 hunting preserve shall maintain adequate facilities for all
61 7 designated birds and ungulates held under the hunting preserve
61 8 operator's license.
61 9 Sec. 139. Section 484B.10, subsections 2 and 3, Code 2017,
61 10 are amended to read as follows:
61 11 2. Waterfowl shall not be shot over any area where
61 12 pen=reared mallards may serve as live decoys for wild
61 13 waterfowl. All persons hunting game birds or ungulates upon a
61 14 licensed hunting preserve shall secure a hunting license that
61 15 includes the wildlife habitat fee in accordance with the game
61 16 laws of Iowa, with the exception that an unlicensed person may
61 17 secure an annual hunting preserve hunting license restricted to
61 18 hunting preserves only for a license fee of five dollars. All
61 19 persons who hunt on hunting preserves shall pay the wildlife
61 20 habitat fee.
61 21 3. A nonresident youth under sixteen years of age may hunt
61 22 game birds on a licensed hunting preserve upon securing an
61 23 annual hunting preserve hunting license restricted to hunting
61 24 preserves only for a license fee of five dollars and payment of
61 25 the wildlife habitat fee. A nonresident youth is not required
61 26 to complete the hunter education course to obtain a hunting
61 27 preserve hunting license pursuant to this subsection if the
61 28 youth is accompanied by a person who is at least eighteen years
61 29 of age, is qualified to hunt, and possesses a valid hunting
61 30 license that includes the wildlife habitat fee. During the
61 31 hunt, the accompanying adult must be within arm's reach of the
61 32 nonresident youth.
61 33 Sec. 140. Section 484B.13, Code 2017, is amended to read as
61 34 follows:
61 35 484B.13 License refusal.
62 1 The department may either refuse to issue, refuse to renew,
62 2 or suspend or revoke a hunting preserve operator's license if
62 3 the department finds that the licensed area or the operator or
62 4 employees of the licensed area are not in compliance with this
62 5 chapter, or that the property or area is operated in violation
62 6 of this chapter or administrative rules adopted under this
62 7 chapter.
62 8 Sec. 141. Section 505.27, subsection 5, Code 2017, is
62 9 amended to read as follows:
62 10 5. For purposes of this section, "health care provider":
62 11 a. "Health care provider" means the same as defined in
62 12 section 135.61, a hospital licensed pursuant to chapter 135B,
62 13 or a health care facility licensed pursuant to chapter 135C,
62 14 and "insurer".
62 15 b. "Insurer" means an insurance company authorized to
62 16 transact insurance business in this state. "Insurer" does
62 17 not include a health care provider who maintains professional
62 18 liability insurance coverage through a self=insurance plan, an
62 19 unauthorized insurance company transacting business with an
62 20 insured person in this state, or a person not authorized to
62 21 transact insurance business in this state.
62 22 Sec. 142. Section 507B.14, Code 2017, is amended to read as
62 23 follows:
62 24 507B.14 Transfer of insurance stock.
62 25 1. When a controlling interest in two or more corporations,
62 26 at least one of which is an insurance company domiciled in
62 27 this state, is held by any person, group of persons, firm,
62 28 or corporation, no exchange of stock, transfer or sale
62 29 of securities, or loan based upon securities of any such
62 30 corporation shall take place between such corporations, or
62 31 between such person, group of persons, firm or corporation and
62 32 such corporations, without first securing the approval of the
62 33 insurance commissioner. If, in the opinion of the insurance
62 34 commissioner, such sale, transfer, exchange, or loan would be
62 35 improper and would work to the detriment of any such insurance
63 1 company, the commissioner shall have the power to prohibit
63 2 the transaction. A person, firm, or corporate officer or
63 3 director shall not aid such transaction without approval of the
63 4 insurance commissioner. A person, firm, or other corporate
63 5 officer or director who willfully violates this provision
63 6 section is guilty of a class "D" felony. A person, firm,
63 7 or corporate officer or director who willfully violates this
63 8 provision section, and when such violation results in a loss
63 9 of more than ten thousand dollars, is guilty of a class "C"
63 10 felony.
63 11 2. For purposes of this section, controlling interest
63 12 "controlling interest" means actual control or the possession
63 13 directly or indirectly of the power to direct or cause
63 14 the direction of the management and policies of a firm,
63 15 partnership, corporation, association, or trust, whether
63 16 through the ownership of voting securities, by contract, or
63 17 otherwise.
63 18 Sec. 143. Section 507E.3A, Code 2017, is amended to read as
63 19 follows:
63 20 507E.3A Fraudulent sales practices ==== penalty penalties.
63 21 1. A person commits a class "D" felony the offense of
63 22 fraudulent sales practices if the person, with the intent
63 23 to defraud another person in connection with any sale,
63 24 solicitation, or negotiation of insurance in this state,
63 25 willfully does any of the following:
63 26 a. Employs any deception, device, scheme, or artifice to
63 27 defraud.
63 28 b. Misrepresents, conceals, or suppresses any material fact.
63 29 c. Engages in any act, practice, or course of business which
63 30 operates as a fraud or deceit upon any person.
63 31 2. A person who violates subsection 1 commits a class "D"
63 32 felony.
63 33 2. 3. Notwithstanding subsection 1 2, a person commits a
63 34 class "C" felony if the person violates subsection 1, and such
63 35 violation results in a loss of more than ten thousand dollars.
64 1 Sec. 144. Section 508.37, subsection 7, paragraph f,
64 2 unnumbered paragraph 1, Code 2017, is amended to read as
64 3 follows:
64 4 The recalculated nonforfeiture net level premium shall be
64 5 equal to the result obtained by dividing the amount described
64 6 in subparagraph (1) by the amount described in subparagraph
64 7 (2), where subparagraph (1) and subparagraph (2) are as
64 8 follows:
64 9 Sec. 145. Section 509.1, subsection 6, unnumbered paragraph
64 10 1, Code 2017, is amended to read as follows:
64 11 A policy issued to any nonprofit industrial association
64 12 (to, which shall be be deemed the policyholder) policy holder,
64 13 incorporated for a period of at least ten years and organized
64 14 for purposes other than obtaining insurance, subject to the
64 15 following requirements:
64 16 Sec. 146. Section 514.5, Code 2017, is amended to read as
64 17 follows:
64 18 514.5 Contracts for service.
64 19 1. A hospital service corporation organized under chapter
64 20 504, Code 1989, or current chapter 504, and governed by this
64 21 chapter, may enter into contracts for the rendering of hospital
64 22 service to any of its subscribers with hospitals maintained and
64 23 operated by the state or any of its political subdivisions,
64 24 or by any corporation, association, or individual. Such
64 25 hospital service corporation may also contract with an
64 26 ambulatory surgical facility to provide surgical services to
64 27 the corporation's subscribers. Hospital service is meant
64 28 to include bed and board, general nursing care, use of the
64 29 operating room, use of the delivery room, ordinary medications
64 30 and dressings and other customary routine care. "Ambulatory
64 31 surgical facility" means a facility constructed and operated for
64 32 the specific purpose of providing surgery to patients admitted
64 33 to and discharged from the facility within the same day.
64 34 2. A medical service corporation organized under chapter
64 35 504, Code 1989, or current chapter 504, and governed by this
65 1 chapter, may enter into contracts with subscribers to furnish
65 2 health care service through physicians and surgeons, dentists,
65 3 podiatric physicians, osteopathic physicians, osteopathic
65 4 physicians and surgeons, or chiropractors.
65 5 3. Any pharmaceutical or optometric service corporation
65 6 organized under the provisions of said chapter 504, Code 1989,
65 7 or current chapter 504, and governed by this chapter, may
65 8 enter into contracts for the rendering of pharmaceutical or
65 9 optometric service to any of its subscribers. Membership in
65 10 any pharmaceutical service corporation shall be open to all
65 11 pharmacies licensed under chapter 155A.
65 12 4. A hospital service corporation or medical service
65 13 corporation organized under chapter 504, Code 1989, or current
65 14 chapter 504, and governed by this chapter, may enter into
65 15 contracts with subscribers and providers to furnish health care
65 16 services not otherwise allocated by this section.
65 17 Sec. 147. Section 514.13, Code 2017, is amended to read as
65 18 follows:
65 19 514.13 Arbitration of disputes.
65 20 Any dispute arising between a corporation organized under
65 21 chapter 504, Code 1989, or current chapter 504, and governed
65 22 by this chapter, and a provider may be submitted to the
65 23 commissioner of insurance for a decision. All decisions and
65 24 findings of the commissioner of insurance may be judicially
65 25 reviewed in accordance with the terms of chapter 17A.
65 26 Sec. 148. Section 514.14, Code 2017, is amended to read as
65 27 follows:
65 28 514.14 Dissolution or merger.
65 29 Any dissolution, merger, or liquidation of a corporation
65 30 organized under the provisions of said chapter 504, Code 1989,
65 31 or current chapter 504, and governed by this chapter shall be
65 32 under the supervision of the commissioner of insurance who
65 33 shall have all powers with respect thereto granted to the
65 34 commissioner under the insurance laws of this state.
65 35 Sec. 149. Section 514.15, Code 2017, is amended to read as
66 1 follows:
66 2 514.15 Nonexempt from taxation.
66 3 Every corporation organized under the provisions of chapter
66 4 504, Code 1989, or current chapter 504, and governed by this
66 5 chapter, is hereby declared to be a charitable and benevolent
66 6 institution but its property and funds, including subscribers'
66 7 contracts, shall not be exempt from taxation. For purposes
66 8 of this section, the term "subscriber contract" shall mean
66 9 only those benefit contracts issued or delivered in Iowa by
66 10 corporations subject to this chapter, including certificates
66 11 issued under such contracts, and which provide coverage to
66 12 residents of Iowa on a risk basis.
66 13 Sec. 150. Section 514.18, Code 2017, is amended to read as
66 14 follows:
66 15 514.18 Podiatric physicians.
66 16 Medical or surgical services or procedures constituting
66 17 the practice of podiatry, also known as chiropody, as defined
66 18 by provided in chapter 149, and covered by the terms of any
66 19 individual, group, blanket, or franchise policy providing
66 20 accident or health benefits hereafter delivered or hereafter
66 21 issued for delivery in Iowa and covering an Iowa risk may
66 22 be performed by any practitioner, selected by the insured,
66 23 licensed under chapter 149 to perform such medical or surgical
66 24 services or procedures. Any provision of such policy or
66 25 exclusion or limitation denying an insured the free choice of
66 26 such licensed podiatric physician, also known as chiropodist,
66 27 shall to the extent of the denial, be void, but such voidance
66 28 shall not affect the validity of the other provisions of the
66 29 policy.
66 30 Sec. 151. Section 514.23, subsection 1, unnumbered
66 31 paragraph 1, Code 2017, is amended to read as follows:
66 32 A corporation organized under chapter 504, Code 1989,
66 33 or current chapter 504, and governed by this chapter, may
66 34 become a mutual insurer under a plan which is approved by
66 35 the commissioner of insurance. The plan shall state whether
67 1 the insurer will be organized as a for=profit corporation
67 2 pursuant to chapter 490 or 491 or a nonprofit corporation
67 3 pursuant to chapter 504. Upon consummation of the plan,
67 4 the corporation shall fully comply with the requirements of
67 5 the law that apply to a mutual insurance company. If the
67 6 insurer is to be organized under chapter 504, then at least
67 7 seventy=five percent of the initial board of directors of the
67 8 mutual insurer so formed shall be policyholders who are also
67 9 nonproviders of health care. All directors comprising this
67 10 initial board of directors shall be selected by an independent
67 11 committee appointed by the state commissioner of insurance.
67 12 This independent committee shall consist of seven to eleven
67 13 persons who are current policyholders, who are nonproviders
67 14 of health care, and who are not directors of a corporation
67 15 subject to this chapter. For purposes of this subsection, a
67 16 "nonprovider of health care" is an individual who is not any of
67 17 the following:
67 18 Sec. 152. Section 514.23, subsection 2, Code 2017, is
67 19 amended to read as follows:
67 20 2. A corporation organized under chapter 504, Code 1989,
67 21 or current chapter 504, and governed by this chapter, which
67 22 becomes a mutual insurer under this section shall continue as
67 23 a mutual insurer to be governed by the provisions of section
67 24 514.7 and shall also be governed by section 509.3, subsection
67 25 1, paragraph "f".
67 26 Sec. 153. Section 519A.4, subsection 1, paragraphs a and b,
67 27 Code 2017, are amended to read as follows:
67 28 a. The association shall submit a plan of operation to
67 29 the commissioner, together with any amendments necessary
67 30 or suitable to assure the fair, reasonable, and equitable
67 31 administration of the association consistent with sections
67 32 519A.2, 519A.3, this section, and sections 519A.5 through
67 33 519A.13. The plan of operation and any amendments thereto
67 34 shall become effective only after promulgation of the plan or
67 35 amendment by the commissioner as a rule pursuant to section
68 1 17A.4: Provided section 17A.4, provided that the initial plan
68 2 may in the discretion of the commissioner become effective
68 3 immediately upon filing with the secretary of state pursuant to
68 4 section 17A.5, subsection 2, paragraph "b", subparagraph (1),
68 5 subparagraph division (a).
68 6 b. If the association fails to submit a suitable plan of
68 7 operation within twenty=five days following the effective date
68 8 of this chapter July 1, 1975, or if at any time thereafter the
68 9 association fails to submit suitable amendments to the plan,
68 10 the commissioner shall adopt rules necessary to effectuate
68 11 sections 519A.2, 519A.3, this section, and sections 519A.5
68 12 through 519A.13. Such rules shall continue in force until
68 13 modified by the commissioner or superseded by a plan submitted
68 14 by the association and approved by the commissioner.
68 15 Sec. 154. Section 519A.6, subsection 1, Code 2017, is
68 16 amended to read as follows:
68 17 1. There is created a stabilization reserve fund. The fund
68 18 shall be administered by three directors, one of whom shall
68 19 be the commissioner. The remaining two directors shall be
68 20 appointed by the commissioner: One commissioner, one of whom
68 21 shall be a representative of the association and the other a
68 22 representative of its policyholders.
68 23 Sec. 155. Section 535.13, Code 2017, is amended to read as
68 24 follows:
68 25 535.13 Definition Definitions.
68 26 As used in this chapter, unless the context otherwise
68 27 requires, "agricultural purpose" means a purpose related to the
68 28 production, harvest, exhibition, marketing, transportation,
68 29 processing or manufacture of agricultural products by a person
68 30 who cultivates, plants, propagates or nurtures the agricultural
68 31 products.:
68 32 1. "Agricultural products" includes agricultural,
68 33 horticultural, viticultural, and dairy products, livestock,
68 34 wildlife, poultry, bees, forest products, fish and shellfish,
68 35 and any products thereof, including processed and manufactured
69 1 products, and any and all products raised or produced on farms
69 2 and any processed or manufactured products thereof.
69 3 2. "Agricultural purpose" means a purpose related to the
69 4 production, harvest, exhibition, marketing, transportation,
69 5 processing, or manufacture of agricultural products by a
69 6 person who cultivates, plants, propagates, or nurtures the
69 7 agricultural products.
69 8 Sec. 156. Section 543E.20, subsection 2, paragraph g,
69 9 subparagraph (6), Code 2017, is amended to read as follows:
69 10 (6) Establishing and complying with processes and controls
69 11 reasonably designed to ensure appraisal management companies
69 12 conduct appraisal management services in accordance with the
69 13 requirements of section 129E(a)=(i) of the federal Truth in
69 14 Lending Act, 15 U.S.C. {1639e(1)(a)=(i), and regulations
69 15 thereunder including but not limited to the requirement that
69 16 appraisers who complete an appraisal in connection with a
69 17 consumer credit transaction secured by the principal dwelling
69 18 of the consumer be compensated with a customary and reasonable
69 19 fee.
69 20 Sec. 157. Section 587.12, subsection 1, Code 2017, is
69 21 amended to read as follows:
69 22 1. In all actions or in proceedings in probate where an
69 23 order, judgment or decree has been entered prior to July 1,
69 24 1970, based upon service of notice by publication as provided
69 25 by rule 60 of the Iowa rules of civil procedure, Iowa court
69 26 rules, third edition, or any statute authorizing publication
69 27 of notice or upon service of notice by publication or posting
69 28 pursuant to authorization or direction of any court of
69 29 competent jurisdiction in the state of Iowa, all such orders,
69 30 judgments, or decrees are hereby declared valid and of full
69 31 force and effect, unless an action shall be commenced within
69 32 the time provided in subsection 2 hereof to question such
69 33 order, judgment, or decree, or any right or status created,
69 34 confirmed, or existing thereunder.
69 35 Sec. 158. Section 600.5, subsection 13, Code 2017, is
70 1 amended to read as follows:
70 2 13. Whether or not a guardian ad litem should be appointed
70 3 for a minor child to be adopted, and if not, the reasons
70 4 therefor for that determination.
70 5 Sec. 159. Section 602.9111, subsection 1, Code 2017, is
70 6 amended to read as follows:
70 7 1. So much of the judicial retirement fund as may not be
70 8 necessary to be kept on hand for the making of disbursements
70 9 under this article shall be invested by the treasurer of
70 10 state in any investments authorized for the Iowa public
70 11 employees' retirement system in section 97B.7A and subject
70 12 to the requirements of chapters 12F, and 12H, and 12J, and
70 13 the earnings therefrom shall be credited to the fund. The
70 14 treasurer of state may execute contracts and agreements with
70 15 investment advisors, consultants, and investment management and
70 16 benefit consultant firms in the administration of the judicial
70 17 retirement fund.
70 18 Sec. 160. Section 622.28, subsections 1 and 2, Code 2017,
70 19 are amended to read as follows:
70 20 1. Any writing or record, whether in the form of an entry
70 21 in a book, or otherwise, including electronic means and
70 22 interpretations thereof, offered as memoranda or records of
70 23 acts, conditions, or events to prove the facts stated therein,
70 24 shall be admissible as evidence if the judge finds that they
70 25 were made in the regular course of a business at or about the
70 26 time of the act, condition, or event recorded, and; that the
70 27 sources of information from which made and the method and
70 28 circumstances of their preparation were such as to indicate
70 29 their trustworthiness,; and if the judge finds that they are
70 30 not excludable as evidence because of any rule of admissibility
70 31 of evidence other than the hearsay rule.
70 32 2. Evidence of the absence of a memorandum or record from
70 33 the memoranda or records of a business of an asserted act,
70 34 event, or condition, shall be admissible as evidence to prove
70 35 the nonoccurrence of the act or event, or the nonexistence of
71 1 the condition, if the judge finds that it was in the regular
71 2 course of that business to make such memoranda or records of
71 3 all such acts, events, or conditions at the time thereof or
71 4 within a reasonable time thereafter, and to preserve them the
71 5 memoranda or records.
71 6 Sec. 161. Section 633.230, subsection 1, Code 2017, is
71 7 amended to read as follows:
71 8 1. In intestate matters, the administrator, as soon as
71 9 letters are issued, shall cause to be published once each
71 10 week for two consecutive weeks in a daily or weekly newspaper
71 11 of general circulation published in the county in which the
71 12 estate is pending, and at any time during the pendency of
71 13 administration that the administrator has knowledge of the name
71 14 and address of a person believed to own or possess a claim
71 15 which will not or may not be paid or otherwise satisfied during
71 16 administration, provide by ordinary mail to each such claimant
71 17 at the claimant's last known address, a notice of appointment
71 18 which shall be in substantially the following form:
71 19 In the District Court of Iowa
71 20 in and for ..... County.
71 21 In the Estate of Probate No. ....
71 22 ....., Deceased
71 23 NOTICE OF APPOINTMENT OF
71 24 ADMINISTRATOR AND
71 25 NOTICE TO CREDITORS
71 26 To All Persons Interested in the Estate of ....., Deceased,
71 27 who died on or about ..... (date):
71 28 You are hereby notified that on the .. day of ... (month),
71 29 ... (year), the undersigned was appointed administrator of the
71 30 estate.
71 31 Notice is hereby given that all persons indebted to
71 32 the estate are requested to make immediate payment to the
71 33 undersigned, and creditors having claims against the estate
71 34 shall file them with the clerk of the above=named district
71 35 court, as provided by law, duly authenticated, for allowance,
72 1 and, unless so filed by the later to occur of four months from
72 2 the date of second publication of this notice or one month
72 3 from the date of the mailing of this notice (unless otherwise
72 4 allowed or paid), a claim is thereafter forever barred.
72 5 Dated this .. day of ... (month), ... (year)
72 6 ....................
72 7 Administrator of the estate
72 8 ....................
72 9 Address
72 10 ....................
72 11 Attorney for the administrator
72 12 ....................
72 13 Address
72 14 Date of second publication
72 15 .. day of ... (month), ... (year)
72 16 (Date to be inserted by publisher)
72 17 Sec. 162. Section 665.3, unnumbered paragraph 1, Code 2017,
72 18 is amended to read as follows:
72 19 In addition to the above acts or omissions in section 665.2,
72 20 any court of record may punish the following acts or omissions
72 21 as contempts:
72 22 Sec. 163. Section 670.9, Code 2017, is amended to read as
72 23 follows:
72 24 670.9 Compromise and settlement.
72 25 The governing body of any municipality may compromise,
72 26 adjust, and settle tort claims against the municipality, and
72 27 its officers, employees, and agents, for damages under section
72 28 670.2 or 670.8 and may appropriate money for the payment of
72 29 amounts agreed upon.
72 30 Sec. 164. REPEAL. Sections 256.29, 266.39F, 488.1207, and
72 31 524.529, Code 2017, are repealed.
72 32 DIVISION II
72 33 AMENDMENTS TO 2014 IOWA ACTS, CH. 1080
72 34 Sec. 165. 2014 Iowa Acts, chapter 1080, section 118, is
72 35 amended by striking the section and inserting in lieu thereof
73 1 the following:
73 2 SEC. 118. Section 422.11M, Code 2017, is amended by striking
73 3 the section and inserting in lieu thereof the following:
73 4 422.11M Agricultural assets transfer tax credit.
73 5 The taxes imposed under this division, less the credits
73 6 allowed under section 422.12, shall be reduced by an
73 7 agricultural assets transfer tax credit as allowed under
73 8 section 16.80.
73 9 Sec. 166. 2014 Iowa Acts, chapter 1080, section 119, is
73 10 amended by striking the section and inserting in lieu thereof
73 11 the following:
73 12 SEC. 119. Section 422.33, subsection 21, Code 2017, is
73 13 amended by striking the subsection and inserting in lieu
73 14 thereof the following:
73 15 21. The taxes imposed under this division shall be reduced
73 16 by an agricultural assets transfer tax credit as allowed under
73 17 section 16.80.
73 18 DIVISION III
73 19 CORRESPONDING CHANGES
73 20 Sec. 167. Section 524.528, subsection 1, Code 2017, is
73 21 amended to read as follows:
73 22 1. Unless otherwise provided in section 524.529, the The
73 23 shareholders of a state bank do not have a preemptive right to
73 24 acquire the state bank's unissued shares except to the extent
73 25 provided in the articles of incorporation.
73 26 DIVISION IV
73 27 CODE EDITOR DIRECTIVE
73 28 Sec. 168. CODE EDITOR DIRECTIVE.
73 29 1. The Code editor is directed to transfer section 421.46
73 30 to section 8A.460.
73 31 2. The Code editor shall correct internal references in the
73 32 Code and in any enacted legislation as necessary due to the
73 33 enactment of this section.
73 34 DIVISION V
73 35 EFFECTIVE DATES
74 1 Sec. 169. EFFECTIVE DATE. The following provision or
74 2 provisions in Division I of this Act take effect July 1, 2030:
74 3 1. The section of this Act amending section 2.48, subsection
74 4 3, paragraph "h".
74 5 EXPLANATION
74 6 The inclusion of this explanation does not constitute agreement with
74 7 the explanation's substance by the members of the general assembly.
74 8 This bill contains statutory corrections that adjust
74 9 language to reflect current practices, insert earlier
74 10 omissions, delete redundancies and inaccuracies, delete
74 11 temporary language, resolve inconsistencies and conflicts,
74 12 update ongoing provisions, or remove ambiguities. The Code
74 13 sections amended include the following:
74 14 DIVISION I. Code sections 2.48, 16.50, 404A.1, 404A.2,
74 15 404A.3, 404A.5, 422.11D, 422.33, 422.60, and 432.12A: Strikes
74 16 the words "and cultural and entertainment" from the name of
74 17 the tax credit provided for in Code chapter 404A for certain
74 18 historic properties to reflect the elimination of the ties to
74 19 the cultural and entertainment districts and programs by 2014
74 20 Iowa Acts, ch. 1118.
74 21 Section 2.48, subsection 3, paragraph "h": Strikes,
74 22 effective July 1, 2030, a provision referencing the renewable
74 23 chemical production tax credit program, to reflect the repeal
74 24 of that tax credit program on that same date.
74 25 Section 7A.1: Numbers unnumbered paragraphs to facilitate
74 26 citation, updates language, and splits a sentence into two
74 27 sentences in this provision relating to submission of official
74 28 reports by state officials, boards, commissions, and heads of
74 29 departments.
74 30 Section 7E.3: Conforms the language of the subsection 5
74 31 headnote to the text of the subsection which pertains to the
74 32 provision of public benefits to persons in this state.
74 33 Section 9C.1: Updates the Code section headnote to
74 34 reflect Code section content, numbers unnumbered paragraphs
74 35 to facilitate citation, and replaces the words "as used
75 1 herein" with "As used in this chapter, the" to clarify the
75 2 applicability of a definition of the term "transient merchant"
75 3 in this provision describing the applicability of this chapter
75 4 regulating transient merchants.
75 5 Section 9C.2: Removes "as herein defined" to correspond
75 6 with changes made in the bill to Code section 9C.1, updates
75 7 verbiage, and clarifies the meaning of "herein" by replacing
75 8 the word with the phrase "in this chapter" in this provision
75 9 requiring transient merchants to be licensees and comply with
75 10 Code chapter 9C in order to conduct business.
75 11 Section 9C.3: Removes "as defined herein" to correspond
75 12 with changes made in the bill to Code section 9C.1, and breaks
75 13 a long sentence into two sentences in this provision regarding
75 14 the information that must be supplied in an application for
75 15 licensing as a transient merchant.
75 16 Section 9C.4: Updates language, divides a long sentence
75 17 into several sentences, numbers unnumbered paragraphs, and
75 18 clarifies the meaning of an internal reference to "the above
75 19 provisions" in this provision regarding the posting of a bond
75 20 by an applicant for a license as a transient merchant.
75 21 Section 9E.3: In subsection 1, paragraph "b", unnumbered
75 22 paragraph 1, strikes the words "any of" to conform to the use
75 23 of the alternative "either" in subparagraph (1) and the sense
75 24 of the balance of this provision regarding the contents of a
75 25 statement by an applicant for protection under the address
75 26 confidentiality program. In subsection 3, the words "the" and
75 27 "of" are added to conform language relating to certification
75 28 of an applicant as a program participant to earlier language
75 29 in this Code section which indicates that the applicant is
75 30 the person who files the application for protection under the
75 31 address confidentiality program with the secretary of state.
75 32 Sections 12.8, 97A.7, 97B.4, 262.14, 411.7, and 602.9111:
75 33 Inserts a reference to Code chapter 12J after references to
75 34 Code chapters 12F and 12H in these provisions relating to
75 35 investments of public funds to reflect the fact that the
76 1 provisions which prohibit or restrict the investment of public
76 2 funds in companies that boycott Israel and are contained in
76 3 Code chapter 12J are nearly identical to provisions which
76 4 prohibit or restrict the investment of public funds companies
76 5 that support the governments of Sudan or Iran and are contained
76 6 in Code chapters 12F and 12H.
76 7 Section 12.71: Adds the word and figure "Code 2016" after a
76 8 citation to Code section 15F.102 to reflect the amendments made
76 9 by 2016 Iowa Acts, ch. 1115, which replaced the former vision
76 10 Iowa board with the enhance Iowa board and began a process for
76 11 the phasing out of bonds issued for purposes of the vision Iowa
76 12 fund.
76 13 Section 12B.10: Strikes obsolete language originally
76 14 enacted in 1992 Iowa Acts, ch. 1156, to allow certain joint
76 15 investment trusts time to comply with the requirements of this
76 16 provision establishing rating and registration requirements for
76 17 joint investment trusts in which political subdivisions may
76 18 invest public funds.
76 19 Section 12B.12: Replaces a reference to "such" settlement
76 20 with a reference to a settlement described under Code section
76 21 12B.11 to provide a more specific reference describing which
76 22 settlements are meant in this provision regarding the duties
76 23 of officers responsible for examining the accounts of entities
76 24 which invest public funds.
76 25 Section 12B.13: Replaces a reference to "such" settlement
76 26 with a reference to a settlement described under Code section
76 27 12B.11 in this provision regarding the reporting by the state
76 28 treasurer to the department of management or by a county
76 29 treasurer to the county auditor of any settlements that are
76 30 made.
76 31 Section 15F.103: Strikes language that includes as a
76 32 duty of the enhance Iowa board a requirement that the board
76 33 request that the treasurer of state issue bonds on behalf of
76 34 the board for purposes of the vision Iowa program to reflect
76 35 amendments made by 2016 Iowa Acts, ch. 1115, which eliminated
77 1 the vision Iowa board, eliminated the process for requests for
77 2 bond issuance, and began a process for the phasing out of bonds
77 3 previously issued for purposes of the vision Iowa fund.
77 4 Section 16.28: Changes "to" to "through" to conform a string
77 5 citation to current bill drafting style and to clarify that
77 6 the last Code section in the citation should be included as
77 7 one of the remedies which may be enforced by bondholders and
77 8 noteholders of bonds issued by the Iowa finance authority.
77 9 Section 17A.6A: Adds numeric references to the Code
77 10 sections governing the filing of certain petitions to language
77 11 describing those petitions and conforms the language describing
77 12 a type of petition that can be filed in a rulemaking proceeding
77 13 to the language of the Code section governing the filing of
77 14 that type of petition.
77 15 Section 22.1: Adds the words "As used in this chapter" at
77 16 the beginning of the Code section, strikes the words "The term"
77 17 in subsections 1 and 2, and strikes the words "As used in this
77 18 chapter" from subsection 3, to clarify the applicability of
77 19 these general definitions of terms within the public records
77 20 Code chapter and to conform the style of the provision to other
77 21 general definitions provisions elsewhere in the Code.
77 22 Section 28F.5: Numbers unnumbered paragraphs and conforms
77 23 language by deleting the word "such" to reflect the style
77 24 used elsewhere in the Code chapter in this provision relating
77 25 to sources of payment for, rates and charges established for
77 26 payment of, and pledges of revenue for payment of the costs of
77 27 joint public works and facilities projects.
77 28 Section 28F.10: Divides a run=on sentence into two
77 29 sentences and updates language by deleting the words "such" and
77 30 "said" in this provision relating to the issuance of refunding
77 31 bonds to provide funds for the payment of bonds issued, and
77 32 expenses incident to the calling, retiring, or paying of
77 33 outstanding bonds to be refunded, for the joint financing of
77 34 public works and facilities projects.
77 35 Section 29C.24: Conforms several instances of a term used
78 1 to describe work covered under this provision, which provides
78 2 for a reduced level of governmental regulation of that work
78 3 when performed within the state of Iowa, to the defined term
78 4 "disaster or emergency=related work".
78 5 Section 35C.2: Replaces the word "hereinbefore" with
78 6 a specific reference to Code section 35C.2 to clarify the
78 7 meaning of language providing that persons who are entitled
78 8 to preference due to their status as a veteran are not to be
78 9 disqualified for certain positions.
78 10 Section 35C.6: Replaces the word "herein" with the words
78 11 "in this chapter" to clarify the meaning of the reference in
78 12 this provision relating to the procedures required before a
78 13 person entitled to certain preferences due to their status as a
78 14 veteran may be removed from employment in a public position.
78 15 Section 43.2: Adds the words "As used in this chapter,
78 16 unless the context otherwise requires" at the beginning,
78 17 deletes the same language from a later paragraph, moves
78 18 language in order to alphabetize defined terms, and corrects
78 19 an internal reference in this general definitions section in
78 20 the Code chapter regarding partisan nominations and primary
78 21 elections.
78 22 Section 48A.7A: Replaces the word "validity" that precedes
78 23 the words "expiration date" with the word "valid" to clarify
78 24 the meaning of language describing the requirements for the
78 25 types of identification that may be used to establish identity
78 26 and residence for purposes of voting in an election.
78 27 Section 80.45: Rewrites language of one of the provisions
78 28 describing the duties of the office to combat human trafficking
78 29 to eliminate awkward usage regarding anti=human trafficking
78 30 activity.
78 31 Sections 92.3 and 92.23: Conforms terminology used to
78 32 describe a class of labor to the terminology used elsewhere
78 33 in this Code chapter to describe the same class of labor in
78 34 this Code chapter that regulates the employment of children in
78 35 certain occupations.
79 1 Section 92.9: Adds the word "state" to correct a reference
79 2 by name to the board which governs career and technical
79 3 education in this provision excepting work performed in certain
79 4 courses of education from regulation under the child labor Code
79 5 chapter.
79 6 Section 96.29: Strikes obsolete language from this
79 7 provision excluding certain claims for extended unemployment
79 8 benefits from provisions applying special qualifications to
79 9 those claims.
79 10 Section 101.26: In subsection 1, modifies language to
79 11 read "rule adopted or order issued" to conform this provision
79 12 regarding the applicability of civil penalties to persons
79 13 violating requirements of the state fire marshal regarding
79 14 storage of combustible and flammable liquids and liquefied
79 15 gases to similar language used in subsections 2, 3, and 4 of
79 16 this same Code section.
79 17 Section 123.30: Adds the words "liquor control" after
79 18 references to certain license types in these two provisions
79 19 relating to issuance of those types of liquor control licenses
79 20 to conform the language used to describe the license types
79 21 elsewhere in this provision.
79 22 Section 123.141: Corrects the punctuation in a series, adds
79 23 a missing verb, and replaces language describing certain drug
79 24 stores with the defined term "pharmacy" which includes the same
79 25 language in this provision excluding the keeping of alcohol in
79 26 stock for medicinal and compounding purposes from prohibitions
79 27 against the keeping of liquor in a place of business in which
79 28 beer is sold.
79 29 Section 139A.8: Strikes the word "is" to conform a second
79 30 modifying clause to the form of the first modifying clause in
79 31 this provision establishing the standards to be used to gauge
79 32 the adequacy of evidence of immunization that must be shown
79 33 before a person may be enrolled in school in the seventh or
79 34 twelfth grade in this state.
79 35 Section 144.18: Numbers unnumbered paragraphs and changes
80 1 "to" to "through" within a string citation to improve citation
80 2 to this provision relating to court hearings pertaining
80 3 to registrations of delayed certificates of birth and the
80 4 requirements for issuance of copies of the court order
80 5 regarding the record of birth.
80 6 Section 153.33: Revises punctuation and changes "provided
80 7 that" to "if" to connect the final clause of this provision
80 8 relating to judicial review of actions taken by the board of
80 9 dentistry to initial language in the provision that describes
80 10 the powers of the court.
80 11 Section 154B.1: Adds a comma and strikes a colon and
80 12 eliminates capitalization of the first letter of the word
80 13 "counseling" to update the style of a series in language
80 14 describing the principles used in the practice of psychology.
80 15 Section 155A.6A: Strikes obsolete language enacted in
80 16 2010 Iowa Acts, ch. 1193, that provided a process for certain
80 17 pharmacy technicians to comply with the certification and
80 18 registration requirements imposed by 2007 Iowa Acts, ch. 20.
80 19 Section 161A.20: Corrects the punctuation and grammar
80 20 of a series and changes "as hereinbefore designated" to a
80 21 specific internal reference to Code section 161A.19 to clarify
80 22 the meaning of the language referring to a governing body in
80 23 this provision relating to a special annual tax that may be
80 24 imposed in order to organize and make improvements within the
80 25 boundaries of soil conservation districts. In subsection 4,
80 26 the word "district" is also changed to "subdistrict" to conform
80 27 to other language within this same Code section.
80 28 Section 168.8: Strikes references to certain entities
80 29 because those entities are currently already included within
80 30 the defined term "person" which is part of the language
80 31 providing that violations of the Code chapter regulating the
80 32 business of hatching or producing baby chicks are a simple
80 33 misdemeanor.
80 34 Section 177A.12: Updates the name and citation to the
80 35 federal Act which governs the work performed by the state
81 1 entomologist.
81 2 Section 179.13: Numbers unnumbered paragraphs and corrects
81 3 the name and citation to the federal Act relating to the
81 4 production of dairy products in this provision governing
81 5 referenda regarding the imposition of an excise tax to fund
81 6 milk marketing efforts by the Iowa dairy industry commission.
81 7 Section 181.3: Adds the words "appoint a person to" and
81 8 "the vacancy", and strikes the word "it", to clarify language
81 9 relating to the filling of vacancies in the membership of the
81 10 executive committee of the beef cattle producers association.
81 11 Section 198.7: Corrects the name of and adds a citation
81 12 to the federal Act relating to food, drugs, and cosmetics in
81 13 this provision relating to when commercial feed is deemed to
81 14 be adulterated.
81 15 Section 218.48: Breaks a list of headings that appear after
81 16 a colon into a numbered list to improve citation to and remove
81 17 ambiguities in this provision articulating the headings under
81 18 which inventories of stock and supplies are to be listed in the
81 19 annual reports of institutions governed by the department of
81 20 human services.
81 21 Section 232.114: Adds the words "and the attorney general"
81 22 in subsection 4 of this section to conform to language in
81 23 subsection 3 that indicates that the attorney general may
81 24 also represent the interests of the state in termination of
81 25 parent=child relationship proceedings and to conform this
81 26 language to the correction made in similar language in Code
81 27 section 232.90 by 2014 Iowa Acts, ch. 1092, {51.
81 28 Sections 232.188 and 237A.25: Corrects the name of the state
81 29 entity responsible for receiving certain child welfare and
81 30 juvenile justice reports and to be consulted in the development
81 31 of consumer information on child care providers to conform to
81 32 changes made by 2010 Iowa Acts, ch. 1031.
81 33 Section 234.6: Changes the word "promulgation" to
81 34 "adoption" to conform language relating to the adoption of
81 35 rules regarding the administration of food programs authorized
82 1 by federal law to the language used in Code chapter 17A to
82 2 describe the rulemaking process.
82 3 Section 256.11: Conforms language used to describe career
82 4 and technical education programming to revisions to similar
82 5 terminology which were made by 2016 Iowa Acts, ch. 1108.
82 6 Section 256.29: Repeals this obsolete provision
82 7 establishing the council on educator development, which has
82 8 completed its work and has submitted the final report required
82 9 by this Code section on November 15, 2016.
82 10 Section 256.39: Strikes obsolete language regarding a
82 11 1998 report by the department of education on career pathways
82 12 programs.
82 13 Section 256.42: Restructures language in order to separate
82 14 from each other two different methods of providing specified
82 15 units of instruction otherwise required to be provided in a
82 16 regular classroom setting through online learning platforms
82 17 under a waiver granted by the department of education.
82 18 Section 256H.1: Corrects two incorrect citations to a
82 19 federal Act that defines the term "active duty" and which
82 20 is referenced within this Code section which contains the
82 21 interstate compact on educational opportunity for military
82 22 children.
82 23 Section 256I.4: Changes the word "system" to "process" in
82 24 this provision relating to the duties of the early childhood
82 25 Iowa state board to reflect the elimination of the excellence
82 26 rating system by 2016 Iowa Acts, ch. 1113.
82 27 Section 256I.9: Strikes the words "and parent education
82 28 programs" to reflect the addition of "parent education" by
82 29 2016 Iowa Acts, ch. 1113, to what is comprised within the
82 30 term "family support services" in this provision relating to
82 31 programs that may be supported by school ready children grants.
82 32 Sections 258.2, 258.3A, 258.4, 258.6, 258.9, and 258.15:
82 33 Adds the word "state", revises a definition, and conforms
82 34 language to a defined term to correct references by name to the
82 35 board which governs career and technical education. In Code
83 1 section 258.4, a numeric reference to the Code section pursuant
83 2 to which standards for career and technical education are
83 3 adopted is also added after language referencing the adoption
83 4 of those same standards to permit hypertext linking with that
83 5 Code section.
83 6 Section 258.12: Adds a United States Code citation after
83 7 a reference by name to the federal Carl D. Perkins Career and
83 8 Technical Education Improvement Act of 2006 to permit a reader
83 9 to locate the contents of that Act in this provision that
83 10 designates the treasurer of state as the custodian of funds
83 11 received under the auspices of that federal Act.
83 12 Section 258.14: Adds the word "state" to correct a reference
83 13 by name to the board which governs career and technical
83 14 education and changes "regional advisory boards" to "local
83 15 workforce development boards" to conform to changes made
83 16 in Code section 84A.4 by 2016 Iowa Acts, ch. 1118, {7, in
83 17 this Code section relating to regional career and technical
83 18 education planning partnerships.
83 19 Section 260C.5: Corrects a reference by name to the federal
83 20 Carl D. Perkins Career and Technical Education Improvement
83 21 Act of 2006 in this provision establishing the duties of the
83 22 director of the department of education regarding community
83 23 colleges.
83 24 Section 260C.47: Conforms language to adapt to the change
83 25 in the name of the accreditation entity that was made by 2014
83 26 Iowa Acts, ch. 1013, {13, in this provision relating to the
83 27 accreditation process for community colleges.
83 28 Section 261E.6: Removes the word "However" from language
83 29 that articulates a ground for ineligibility of a course for
83 30 consideration under the postsecondary enrollment options
83 31 program which succeeds another ground for considering a course
83 32 as ineligible under the same program.
83 33 Section 266.39F: Repeals this provision relating to
83 34 the sale of the dairy breeding research farm at Iowa state
83 35 university of science and technology. The farm has been sold
84 1 and the final report required by this Code section that relates
84 2 to the sale and use of the proceeds was submitted to the
84 3 general assembly on December 14, 2010.
84 4 Section 279.19B: Strikes the words "of employment" and
84 5 adds the words "in which a qualified individual who possesses
84 6 a transitional coaching authorization is employed" to clarify
84 7 the applicability of language regarding employment of certain
84 8 individuals as transitional coaches. Code section 279.19B
84 9 applies generally to the employment of persons with various
84 10 qualifications as head or assistant coaches for interscholastic
84 11 activities.
84 12 Section 282.7: Corrects a reference by name to the state
84 13 board which governs career and technical education, conforms
84 14 language relating to adoption of standards to language within
84 15 Code section 258.3A, and changes a reference to the state
84 16 board to a reference to the department of education to conform
84 17 the language of this Code section pertaining to approval of
84 18 career and technical education programs to language within
84 19 Code chapter 258 outlining the duties of the director of the
84 20 department of education with respect to career and technical
84 21 education and defining the term "director" to mean the director
84 22 of the department of education.
84 23 Section 294.14: Changes a reference to a definition of
84 24 beneficiary in Code section 294.12 to a simple reference to the
84 25 provisions of that Code section and deletes another reference
84 26 to that definition. Code section 294.12 describes the payment
84 27 of funds by school districts to beneficiaries under certain
84 28 terminated pension systems, but does not include a definition
84 29 of the term beneficiary.
84 30 Section 303.66: Divides a run=on sentence into three
84 31 sentences in this provision relating to property taxes levied
84 32 in land use districts.
84 33 Section 313.2: Divides a long sentence into two, updates
84 34 language, and inserts the words "the board of supervisors
84 35 and the department" to provide the correct subjects for
85 1 the resultant second sentence in this provision regarding
85 2 jurisdiction over and management of roads and streets that are
85 3 part of the primary road system.
85 4 Section 313.5: Changes a reference to the first paragraph of
85 5 Code section 8.39 to a reference to subsection 1 of that same
85 6 Code section in this provision regarding the appropriation of
85 7 funds for the support of the state department of transportation
85 8 and the primary road system. The unnumbered paragraphs in Code
85 9 section 8.39 were numbered in 1986 Iowa Acts, ch. 1245, {2022.
85 10 What was unnumbered paragraph 1, is now subsection 1.
85 11 Section 313.12: Replaces the word "herein" with "in this
85 12 section" to clarify the meaning of the type of work that the
85 13 state department of transportation is authorized to perform.
85 14 Section 314.21: Adds the word "road" between the words
85 15 "primary" and "system" to conform this reference to the primary
85 16 road system in this provision relating to payment for primary
85 17 road construction projects to other references to the primary
85 18 road system elsewhere in the Code.
85 19 Section 317.25: Clarifies that violation of the prohibition
85 20 against importation, sale, offers for sale, or distribution of
85 21 certain invasive plants is a public offense.
85 22 Section 321.34: Adds the word "autocycle" to a series
85 23 of vehicle types for which an owner may request a special
85 24 registration plate that contains a space reserved for placement
85 25 of an organizational decal to conform to similar changes made
85 26 within this Code section by 2016 Iowa Acts, ch. 1098.
85 27 Section 321.40: Replaces, in two places, the word
85 28 "requesting" with the word "initiating" and changes the word
85 29 "from" to "with" to clarify the meaning of language describing
85 30 the process for contesting the refusal by the state department
85 31 of transportation to renew an applicant's motor vehicle
85 32 registration based upon a delinquent account, charge, fee,
85 33 loan, taxes, other indebtedness, or civil penalty which is owed
85 34 to or being collected by the state.
85 35 Section 321.189: Adds the words "of veteran affairs" after
86 1 a reference to "commission" to clarify the meaning of this
86 2 instance of the use of the term "commission" in this provision
86 3 relating to requests by veterans for issuance of a license
86 4 that is marked to reflect the licensee's status. The term
86 5 "commission" is defined under Code section 321.1 to mean the
86 6 "transportation commission".
86 7 Section 321.285: Conforms language describing the
86 8 excessive speed offenses by school bus drivers within this
86 9 Code provision to Code section 805.8A, subsection 10, so that
86 10 requirements contained in the language in each provision
86 11 mirror the requirements of the other. The language of Code
86 12 section 805.8A, subsection 10, specifies that excessive speed
86 13 violations by a school bus driver of more than 10 miles per
86 14 hour over the limit is not a scheduled violation, but that
86 15 excessive speed violations of 10 miles or less are subject to
86 16 a scheduled fine.
86 17 Section 321.463: Adds the word "road" between the words
86 18 "primary" and "system" to conform this reference to the primary
86 19 road system in this provision relating to the maximum gross
86 20 weight that may be carried on a vehicle or combination of
86 21 vehicles on highways to other references to the primary road
86 22 system elsewhere in the Code.
86 23 Sections 321G.13 and 321I.14: Conforms language relating to
86 24 operating or riding snowmobiles or all=terrain vehicles with
86 25 a loaded firearm to other similar language within these Code
86 26 sections.
86 27 Section 325A.1: Moves a qualifying phrase to the end of
86 28 the sentence to improve the readability of this definition of
86 29 the term "private carrier" in this general definitions Code
86 30 section for the Code chapter regulating the operations of motor
86 31 carriers.
86 32 Section 331.655: Adds the word "for", a comma, and the word
86 33 "that" to clarify language regarding service of notice and
86 34 return of notice and the fees associated with service of notice
86 35 and returns by peace officers.
87 1 Section 331.910: Changes the word "section" to "subsection"
87 2 to conform to similar changes made in this Code section
87 3 relating to contracts with other states for the care of persons
87 4 with mental illness by 2016 Iowa Acts, ch. 1073.
87 5 Sections 364.2, 372.13, 376.2, and 388.2: Changes
87 6 references to a "valid petition as defined in section 362.4" to
87 7 "petition meeting the requirements of section 362.4" in these
87 8 provisions relating to certain petitions for elections. Code
87 9 section 362.4 does establish requirements that must be met
87 10 in order for a petition to be valid, but does not contain a
87 11 definition of the term "valid petition".
87 12 Sections 384.31, 384.44, 384.66, and 384.76: Changes the
87 13 word "part" to "division" to correspond to similar editorial
87 14 changes made when these provisions that were enacted in 1972
87 15 Iowa Acts, ch. 1088, were codified. In the original enactment,
87 16 the word "part" referred to the part of the 1972 Iowa Act and
87 17 those parts were codified as divisions within this Code chapter
87 18 in the 1975 Iowa Code.
87 19 Section 403A.10: Replaces parentheses with commas to
87 20 reflect current bill drafting style and adds the words "to the
87 21 municipality" to clarify the meaning of the resulting clause in
87 22 this provision relating to exemption of certain public property
87 23 from taxation and payments made by municipalities in lieu of
87 24 taxes or special assessments.
87 25 Section 403A.12: Numbers unnumbered paragraphs, strikes
87 26 language from within parentheses, and replaces the stricken
87 27 language with language establishing the same requirements
87 28 in this provision relating to the issuance of bonds by
87 29 municipalities.
87 30 Section 403A.18: Divides and rewrites a long sentence to
87 31 eliminate archaic sentence construction and punctuation and to
87 32 improve the readability of this provision relating to transfer
87 33 of possession of or title to certain housing projects from a
87 34 municipality to the federal government.
87 35 Section 422.15: Strikes parentheses to conform to current
88 1 drafting style in this provision requiring persons and
88 2 corporations to make information returns in the form and manner
88 3 required by the director of revenue.
88 4 Section 427B.1: Restructures language pertaining to the
88 5 provision of partial exemptions from property taxation of
88 6 actual value added to certain property by moving the defined
88 7 terms contained within the Code section into a definitions
88 8 subsection and numbering the resultant remaining unnumbered
88 9 paragraphs as subsections.
88 10 Section 441.48: Divides a long sentence into four sentences
88 11 to improve the readability of this provision pertaining to the
88 12 process for adjustments in valuation of classes of property by
88 13 the department of revenue.
88 14 Section 455B.183: Changes "to" to "through" to conform
88 15 a string citation to current bill drafting style and clarify
88 16 the applicability of the last Code section in the string
88 17 and conforms the capitalization of a reference to a set of
88 18 standards to the style used for capitalization of similar
88 19 types of documents and standards elsewhere in the Code in
88 20 this provision relating to the standards to be used for sewer
88 21 extensions and water supply distribution system extensions.
88 22 Section 455B.302: Supplies a missing verb to improve the
88 23 readability of this provision relating to agreements for the
88 24 implementation and administration of waste management programs,
88 25 collection of solid waste, and establishment and operation of
88 26 sanitary disposal projects.
88 27 Section 456A.33B: Adds the word "action" before the word
88 28 "plan" to conform this reference to the term to describe joint
88 29 action plans for lake restoration to other uses of the term
88 30 elsewhere in this Code section.
88 31 Section 461A.32: Numbers unnumbered paragraphs, converts
88 32 two series of alternate items that are connected with the word
88 33 "or" into series that utilize commas, adds a terminal comma
88 34 to an existing series, and updates language by replacing the
88 35 word "thereof" with "of the city or county" to improve the
89 1 readability of this provision relating to the sale, exchange,
89 2 or conveyance of certain public or park lands by the natural
89 3 resources commission and the executive council.
89 4 Section 461A.68: Replaces "it" with the words "the
89 5 commission" and "hereby" with "in this subchapter" and divides
89 6 a long sentence into two sentences to update, clarify, and
89 7 improve the readability of this provision relating to the
89 8 granting of permits for water recreational areas.
89 9 Section 461A.74: Replaces the word "hereby" with "under
89 10 this subchapter, updates language, and supplies the words "on
89 11 the extension petition" to clarify the meaning and improve the
89 12 readability of this provision relating to extensions of permits
89 13 for water recreational areas.
89 14 Section 468.13: Replaces the word "hereinafter" with the
89 15 words "in this subchapter" to clarify the meaning of language
89 16 referring to a process for appealing actions of a county board
89 17 of supervisors establishing a levee or drainage district.
89 18 Section 468.40: Numbers unnumbered paragraphs, rewrites
89 19 language to replace the word "appraisers" with "commissioners"
89 20 and the word "they" with "the commissioners", strikes the word
89 21 "or" and adds a comma within a series, and replaces the word
89 22 "same" with "lands" to conform language within this section
89 23 to the defined term "commissioners" and to language in Code
89 24 section 468.39 referring to the same report, and to clarify
89 25 the meaning, update the style, and improve the readability of
89 26 this provision relating to ascertainment of benefits realized
89 27 to lands as a result of the construction of an improvement by
89 28 a levee or drainage district.
89 29 Section 468.69: Adds the word "improvements" after the
89 30 word "district" to complete and clarify the meaning of a
89 31 clause relating to the purposes for which bonds are issued
89 32 for a drainage or levee district in this provision relating
89 33 to the acquisition by taxpayers of levee or drainage district
89 34 bonds or refunding bonds issued for levee or drainage district
89 35 obligations.
90 1 Section 468.94: Divides and rewrites language to clarify
90 2 the meaning of this provision relating to the taxation of
90 3 costs of an appeal from the action of a board of supervisors
90 4 that fixes the amount of damages or compensation due as the
90 5 result of the construction, maintenance, or repair of levee or
90 6 drainage district improvements.
90 7 Section 478.6A: Combines two paragraphs into a single
90 8 paragraph in this provision relating to petitions for
90 9 franchises to construct a merchant line to incorporate a
90 10 qualification regarding petitions for those franchises into
90 11 other general language. This provision previously included
90 12 multiple qualifications, but the other qualifiers were stricken
90 13 by 2016 Iowa Acts, ch. 1129.
90 14 Section 483A.18: Replaces the word "writing" with "required
90 15 information" to eliminate a redundancy and add specificity to
90 16 this provision describing the form to be used for hunting,
90 17 fishing, and fur harvester licenses.
90 18 Sections 484B.7 and 484B.13: Adds the word "operator's"
90 19 between the words "hunting preserve" and "license" to
90 20 distinguish language establishing requirements relating
90 21 to hunting preserve operator's licenses from requirements
90 22 pertaining to hunting licenses issued for hunting preserves.
90 23 Section 484B.10: Adds the word "hunting" between the words
90 24 "hunting preserve" and "license" to distinguish language
90 25 establishing requirements relating to hunting preserve hunting
90 26 licenses from requirements pertaining to licenses issued to
90 27 operators of hunting preserves.
90 28 Section 488.1207: Repeals an obsolete effective date
90 29 provision within the uniform limited partnership Act Code
90 30 chapter.
90 31 Section 505.27: Divides and reformats a subsection
90 32 containing definitions of terms pertaining to medical
90 33 malpractice insurance to create an alphabetized list of
90 34 definitions and clarify the applicability of those definitions.
90 35 Section 507B.14: Numbers unnumbered paragraphs, replaces
91 1 two references to "provision" with "section" to clarify the
91 2 internal references, and strikes the word "other" to conform
91 3 language in this provision relating to the persons and entities
91 4 prohibited from engaging in certain exchanges of stock,
91 5 transfers or sales of securities, or loan activities without
91 6 first securing the approval of the insurance commissioner.
91 7 Section 507E.3A: Restructures the criminal offense of
91 8 fraudulent sales practices to separate the applicable penalties
91 9 from the main elements of the offense, to place the name of the
91 10 offense within Code section text, and to clarify that when the
91 11 additional element of a loss of more than $10,000 is proven, a
91 12 class "C" not a class "D" penalty applies, although the other
91 13 elements of the offense remain the same.
91 14 Section 508.37: Adds missing Code section subunit names
91 15 and supplies additional language before numeric references
91 16 to the hierarchical subunits to improve citation to and the
91 17 readability of this provision which outlines the method for
91 18 ascertaining the recalculated nonforfeiture net level premium
91 19 that is to be used in calculating the present value of life
91 20 insurance policies.
91 21 Section 509.1: In subsection 6, eliminates parentheses
91 22 and replaces the word "to" with the words "which shall" in
91 23 this provision relating to the form that must be followed by
91 24 policies of group life, accident, or health insurance. The
91 25 changes conform the language of subsection 6 to the style of
91 26 similar language in subsection 7 of this same Code section.
91 27 Sections 514.5, 514.13, 514.14, 514.15, and 514.23:
91 28 Clarifies the meaning of the words "said chapter" and conforms
91 29 references to corporate organization requirements in these
91 30 provisions that relate to nonprofit hospital, medical,
91 31 pharmaceutical, and optometric service corporations. Nonprofit
91 32 service corporations governed under Code chapter 514 are
91 33 required to incorporate either under Code chapter 504 or former
91 34 Code chapter 504 under the terms of Code section 514.2.
91 35 Section 514.18: Changes the words "defined by" to "provided
92 1 in" in a reference to Code chapter 149 which does describe
92 2 and provide for the regulation of, but does not define, the
92 3 practice of podiatry.
92 4 Sections 519A.4 and 519A.6: Updates an archaic drafting
92 5 style and substitutes the actual effective date of Code chapter
92 6 519A for the words "the effective date of this chapter" in
92 7 this provision relating to plans of operation and amendments
92 8 to those plans that are to be submitted to the commissioner of
92 9 insurance by a temporary joint underwriting association created
92 10 for the purpose of creating a market for medical malpractice
92 11 insurance.
92 12 Section 524.529: Repeals this provision that was effective
92 13 until July 1, 1998, that gave certain rights to shareholders in
92 14 banks that were incorporated under Code chapter 524 prior to
92 15 July 1, 1995.
92 16 Section 535.13: Restructures to alphabetize and clarifies
92 17 the applicability of definitions contained within this general
92 18 definitions provision in the Code chapter pertaining to money
92 19 and interest.
92 20 Section 543E.20: Corrects an incorrect United State Code
92 21 citation to a provision within the federal Truth in Lending Act
92 22 in language relating to the authority of the superintendent of
92 23 the division of banking of the department of commerce, acting
92 24 as the administrator, to enforce federal law and regulations
92 25 applicable to real estate appraisal management companies.
92 26 Section 587.12: Adds language specifying the edition of the
92 27 court rules which is referenced in language legalizing certain
92 28 unchallenged orders, judgments, or decrees entered in probate
92 29 proceedings prior to July 1, 1970.
92 30 Section 600.5: Replaces the word "therefor" to clarify
92 31 the meaning of language in one of the statements that must
92 32 be included in an adoption petition that pertains to the
92 33 appointment of a guardian ad litem.
92 34 Section 622.28: Rewrites language to create a series to
92 35 improve the readability of language relating to findings
93 1 a judge must make in order for certain business records
93 2 or memoranda to be admissible as evidence in a judicial
93 3 proceeding. The words "such" and "them" are also stricken and
93 4 the words "or records" and "the memoranda or records" are added
93 5 to conform the second half of a sentence that describes the
93 6 findings a judge must make in order for evidence of the absence
93 7 of a memorandum or record to be admissible as evidence in a
93 8 judicial proceeding to the language of the first part of the
93 9 same sentence.
93 10 Section 633.230: Conforms the language of a probate form to
93 11 later contents of the same form which require that the date of
93 12 the second publication be included in the notice of appointment
93 13 of an administrator for an estate and notice to creditors.
93 14 Section 665.3: Replaces the word "above" with "the acts or
93 15 omissions in section 655.2", to clarify the language of this
93 16 Code section describing additional acts or omissions that may
93 17 be punished by the court as contempt.
93 18 Section 670.9: Changes punctuation and adds the word
93 19 "and" to improve the clarity and readability of language
93 20 relating to the ability of a governing body of a municipality
93 21 to compromise, adjust, and settle tort claims against the
93 22 municipality and against officers, employees, and agents of the
93 23 municipality under the Code chapter limiting the tort liability
93 24 of governmental subdivisions.
93 25 DIVISION II. 2014 Iowa Acts, ch. 1080: Strikes and replaces
93 26 two provisions in an Iowa Act to replace changes that would
93 27 have created multiple unnumbered paragraphs in the amended Code
93 28 sections with language contained in single paragraphs that have
93 29 the same Code content.
93 30 DIVISION III. Strikes language from Code section 524.528 to
93 31 correspond with the repeal of Code section 524.529 in division
93 32 I of this bill.
93 33 DIVISION IV. Transfers Code section 421.46 which
93 34 establishes a terminal liability health insurance fund to
93 35 become Code section 8A.460. When originally enacted in 2001
94 1 Iowa Acts, ch. 190, the fund was administered by the department
94 2 of personnel and the department of revenue was authorized to
94 3 use the fund to reimburse state agencies for expenditures
94 4 related to the payment of the health insurance plan surcharge
94 5 for terminal liability under the health insurance contract for
94 6 state employees. In 2002 Iowa Acts, ch. 1175, the language
94 7 authorizing the department of revenue's use of the fund was
94 8 stricken, and in 2003 Iowa Acts, ch. 145, the administration of
94 9 the fund was turned over to the department of administrative
94 10 services.
94 11 DIVISION V. Establishes an effective date of July 1, 2030,
94 12 for the amendment made to Code section 2.48, subsection 3,
94 13 paragraph "h", in division I of this bill.
LSB 2124SV (1) 87
lh/rj