House File 2348 - Reprinted
HOUSE FILE
BY COMMITTEE ON JUDICIARY
(SUCCESSOR TO HSB 621)
(As Amended and Passed by the House February 22, 2018)
A BILL FOR
1 An Act relating to nonsubstantive Code corrections.
2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
HF 2348 (3) 87
lh/rj/md
PAG LIN
1 1 DIVISION I
1 2 MISCELLANEOUS CHANGES
1 3 Section 1. Section 7A.14, Code 2018, is amended to read as
1 4 follows:
1 5 7A.14 Number of copies == style.
1 6 1. The annual and biennial reports shall be published,
1 7 printed, and bound in such number as the director of the
1 8 department of administrative services may order. The officials
1 9 and heads of departments shall furnish the director with
1 10 information necessary to determine the number of copies to be
1 11 printed.
1 12 2. They The reports shall be printed on good paper, in
1 13 legible type with pages substantially six inches by nine inches
1 14 in size. They The reports may be divided for binding where one
1 15 portion should receive larger distribution than another, or be
1 16 issued in parts or sections for greater convenience.
1 17 Sec. 2. Section 12.1, Code 2018, is amended to read as
1 18 follows:
1 19 12.1 Office == accounts == reports.
1 20 1. The treasurer shall keep the treasurer's office at the
1 21 seat of government, and shall keep an accurate account of the
1 22 receipts and disbursements at the treasury in books kept for
1 23 that purpose, in which the treasurer shall specify the names of
1 24 the persons from whom money is received, and on what account,
1 25 and the time thereof of receipt.
1 26 2. The treasurer is responsible for reporting on the bonding
1 27 activities of all political subdivisions, instrumentalities,
1 28 and agencies of the state and shall make recommendations to
1 29 the general assembly and the governor on modification in the
1 30 bonding authority. The treasurer shall notify each political
1 31 subdivision, instrumentality, and agency of the state to report
1 32 to the treasurer the amount of bonds outstanding and each new
1 33 bond issue. The treasurer shall adopt rules and establish
1 34 forms for carrying out this provision section. Each political
1 35 subdivision, instrumentality, and agency of the state shall
2 1 provide all the information required by the treasurer under
2 2 this provision section.
2 3 Sec. 3. Section 15.333, Code 2018, is amended to read as
2 4 follows:
2 5 15.333 Investment tax credit.
2 6 1. For purposes of this section, "new investment" means the
2 7 cost of machinery and equipment, as defined in section 427A.1,
2 8 subsection 1, paragraphs "e" and "j", purchased for use in the
2 9 operation of the eligible business, the purchase price of which
2 10 has been depreciated in accordance with generally accepted
2 11 accounting principles, the purchase price of real property and
2 12 any buildings and structures located on the real property, and
2 13 the cost of improvements made to real property which is used
2 14 in the operation of the eligible business. "New investment"
2 15 also means the annual base rent paid to a third=party developer
2 16 by an eligible business for a period not to exceed ten years,
2 17 provided the cumulative cost of the base rent payments for that
2 18 period does not exceed the cost of the land and the third=party
2 19 developer's costs to build or renovate the building for the
2 20 eligible business.
2 21 1. 2. An eligible business may claim a tax credit equal
2 22 to a percentage of the new investment directly related to new
2 23 jobs created or retained by the project. The tax credit shall
2 24 be amortized equally over five calendar years. The tax credit
2 25 shall be allowed against taxes imposed under chapter 422,
2 26 division II, III, or V, and against the moneys and credits tax
2 27 imposed in section 533.329. If the business is a partnership,
2 28 S corporation, limited liability company, cooperative organized
2 29 under chapter 501 and filing as a partnership for federal tax
2 30 purposes, or estate or trust electing to have the income taxed
2 31 directly to the individual, an individual may claim the tax
2 32 credit allowed. The amount claimed by the individual shall
2 33 be based upon the pro rata share of the individual's earnings
2 34 of the partnership, S corporation, limited liability company,
2 35 cooperative organized under chapter 501 and filing as a
3 1 partnership for federal tax purposes, or estate or trust. The
3 2 percentage shall be determined as provided in section 15.335A.
3 3 Any tax credit in excess of the tax liability for the tax year
3 4 may be credited to the tax liability for the following seven
3 5 years or until depleted, whichever occurs first.
3 6 2. 3. For purposes of this section, "new investment" means
3 7 the cost of machinery and equipment, as defined in section
3 8 427A.1, subsection 1, paragraphs "e" and "j", purchased for use
3 9 in the operation of the eligible business, the purchase price
3 10 of which has been depreciated in accordance with generally
3 11 accepted accounting principles, the purchase price of real
3 12 property and any buildings and structures located on the real
3 13 property, and the cost of improvements made to real property
3 14 which is used in the operation of the eligible business.
3 15 "New investment" also means the annual base rent paid to a
3 16 third=party developer by an eligible business for a period not
3 17 to exceed ten years, provided the cumulative cost of the base
3 18 rent payments for that period does not exceed the cost of the
3 19 land and the third=party developer's costs to build or renovate
3 20 the building for the eligible business. The eligible business
3 21 shall enter into a lease agreement with the third=party
3 22 developer for a minimum of five years. If, however, within
3 23 five years of purchase, the eligible business sells, disposes
3 24 of, razes, or otherwise renders unusable all or a part of the
3 25 land, buildings, or other existing structures for which tax
3 26 credit was claimed under this section, the tax liability of
3 27 the eligible business for the year in which all or part of the
3 28 property is sold, disposed of, razed, or otherwise rendered
3 29 unusable shall be increased by one of the following amounts:
3 30 a. One hundred percent of the tax credit claimed under
3 31 this section if the property ceases to be eligible for the tax
3 32 credit within one full year after being placed in service.
3 33 b. Eighty percent of the tax credit claimed under this
3 34 section if the property ceases to be eligible for the tax
3 35 credit within two full years after being placed in service.
4 1 c. Sixty percent of the tax credit claimed under this
4 2 section if the property ceases to be eligible for the tax
4 3 credit within three full years after being placed in service.
4 4 d. Forty percent of the tax credit claimed under this
4 5 section if the property ceases to be eligible for the tax
4 6 credit within four full years after being placed in service.
4 7 e. Twenty percent of the tax credit claimed under this
4 8 section if the property ceases to be eligible for the tax
4 9 credit within five full years after being placed in service.
4 10 Sec. 4. Section 15.333A, Code 2018, is amended to read as
4 11 follows:
4 12 15.333A Insurance premium tax credits.
4 13 1. For purposes of this section, "new investment" means the
4 14 cost of machinery and equipment, as defined in section 427A.1,
4 15 subsection 1, paragraphs "e" and "j", purchased for use in the
4 16 operation of the eligible business, the purchase price of which
4 17 has been depreciated in accordance with generally accepted
4 18 accounting principles, the purchase price of real property and
4 19 any buildings and structures located on the real property, and
4 20 the cost of improvements made to real property which is used
4 21 in the operation of the eligible business. "New investment"
4 22 also means the annual base rent paid to a third=party developer
4 23 by an eligible business for a period not to exceed ten years,
4 24 provided the cumulative cost of the base rent payments for that
4 25 period does not exceed the cost of the land and the third=party
4 26 developer's costs to build or renovate the building for the
4 27 eligible business.
4 28 1. 2. An eligible business may claim an insurance premium
4 29 tax credit equal to a percentage of the new investment directly
4 30 related to new jobs created by the project. The tax credit
4 31 shall be amortized equally over a five=year period. The tax
4 32 credit shall be allowed against taxes imposed in chapter 432.
4 33 A tax credit in excess of the tax liability for the tax year may
4 34 be credited to the tax liability for the following seven years
4 35 or until depleted, whichever occurs first. The percentage
5 1 shall be determined as provided in section 15.335A.
5 2 2. 3. For purposes of this section, "new investment" means
5 3 the cost of machinery and equipment, as defined in section
5 4 427A.1, subsection 1, paragraphs "e" and "j", purchased for use
5 5 in the operation of the eligible business, the purchase price
5 6 of which has been depreciated in accordance with generally
5 7 accepted accounting principles, the purchase price of real
5 8 property and any buildings and structures located on the real
5 9 property, and the cost of improvements made to real property
5 10 which is used in the operation of the eligible business.
5 11 "New investment" also means the annual base rent paid to a
5 12 third=party developer by an eligible business for a period not
5 13 to exceed ten years, provided the cumulative cost of the base
5 14 rent payments for that period does not exceed the cost of the
5 15 land and the third=party developer's costs to build or renovate
5 16 the building for the eligible business. The eligible business
5 17 shall enter into a lease agreement with the third=party
5 18 developer for a minimum of five years. If, however, within
5 19 five years of purchase, the eligible business sells, disposes
5 20 of, razes, or otherwise renders unusable all or a part of the
5 21 land, buildings, or other existing structures for which tax
5 22 credit was claimed under this section, the tax liability of
5 23 the eligible business for the year in which all or part of the
5 24 property is sold, disposed of, razed, or otherwise rendered
5 25 unusable shall be increased by one of the following amounts:
5 26 a. One hundred percent of the tax credit claimed under
5 27 this section if the property ceases to be eligible for the tax
5 28 credit within one full year after being placed in service.
5 29 b. Eighty percent of the tax credit claimed under this
5 30 section if the property ceases to be eligible for the tax
5 31 credit within two full years after being placed in service.
5 32 c. Sixty percent of the tax credit claimed under this
5 33 section if the property ceases to be eligible for the tax
5 34 credit within three full years after being placed in service.
5 35 d. Forty percent of the tax credit claimed under this
6 1 section if the property ceases to be eligible for the tax
6 2 credit within four full years after being placed in service.
6 3 e. Twenty percent of the tax credit claimed under this
6 4 section if the property ceases to be eligible for the tax
6 5 credit within five full years after being placed in service.
6 6 Sec. 5. Section 15A.4, Code 2018, is amended to read as
6 7 follows:
6 8 15A.4 Competitive programs == good neighbor agreement ==
6 9 additional consideration.
6 10 1. A good neighbor agreement is an enforceable contract
6 11 between a business and a community group or coalition of
6 12 community groups which requires the business to adhere to
6 13 negotiated environmental, economic, labor, or other social and
6 14 community standards.
6 15 2. For any program providing financial assistance for
6 16 economic development in which the assistance is provided on a
6 17 competitive basis, a business which enters into a good neighbor
6 18 agreement shall receive extra consideration of at least ten
6 19 points or the equivalent. A good neighbor agreement is an
6 20 enforceable contract between the business and a community group
6 21 or coalition of community groups which requires the business to
6 22 adhere to negotiated environmental, economic, labor, or other
6 23 social and community standards. A business which fails to
6 24 abide by the good neighbor agreement shall repay all financial
6 25 assistance received under the program.
6 26 A business which fails to abide by the good neighbor
6 27 agreement shall repay all financial assistance received under
6 28 the program.
6 29 Sec. 6. Section 17A.2, subsection 11, paragraph f, Code
6 30 2018, is amended to read as follows:
6 31 f. Those portions of staff manuals, instructions, or other
6 32 statements issued by an agency which set forth criteria or
6 33 guidelines to be used by its staff in auditing, in making
6 34 inspections, in settling commercial disputes or negotiating
6 35 commercial arrangements, or in the selection or handling of
7 1 cases, such as operational tactics or allowable tolerances or
7 2 criteria for the defense, prosecution, or settlement of cases,
7 3 when the disclosure of such statements would do any of the
7 4 following:
7 5 (1) enable Enable law violators to avoid detection; or.
7 6 (2) facilitate Facilitate disregard of requirements imposed
7 7 by law; or.
7 8 (3) give Give a clearly improper advantage to persons who
7 9 are in an adverse position to the state.
7 10 Sec. 7. Section 17A.5, subsection 2, paragraph b,
7 11 subparagraph (1), Code 2018, is amended to read as follows:
7 12 (1) Subject to applicable constitutional or statutory
7 13 provisions, a rule becomes effective immediately upon filing
7 14 with the administrative rules coordinator, or at a subsequent
7 15 stated date prior to indexing and publication, or at a stated
7 16 date less than thirty=five days after filing, indexing, and
7 17 publication, if the agency finds any of the following:
7 18 (a) That a statute so provides;.
7 19 (b) That the rule confers a benefit or removes a restriction
7 20 on the public or some segment thereof; or.
7 21 (c) That this effective date is necessary because of
7 22 imminent peril to the public health, safety, or welfare.
7 23 Sec. 8. Section 22.9, Code 2018, is amended to read as
7 24 follows:
7 25 22.9 Denial of federal funds == rules.
7 26 1. If it is determined that any provision of this chapter
7 27 would cause the denial of funds, services or essential
7 28 information from the United States government which would
7 29 otherwise definitely be available to an agency of this state,
7 30 such provision shall be suspended as to such agency, but only
7 31 to the extent necessary to prevent denial of such funds,
7 32 services, or essential information.
7 33 2. An agency within the meaning of section 17A.2, subsection
7 34 1, shall adopt as a rule, in each situation where this section
7 35 is believed applicable, its the agency's determination
8 1 identifying those particular provisions of this chapter that
8 2 must be waived in the circumstances to prevent the denial of
8 3 federal funds, services, or information.
8 4 Sec. 9. Section 26.2, subsection 3, Code 2018, is amended
8 5 to read as follows:
8 6 3. "Public improvement" means a building or construction
8 7 work which is constructed under the control of a governmental
8 8 entity and is paid for in whole or in part with funds of the
8 9 governmental entity, including a building or improvement
8 10 constructed or operated jointly with any other public or
8 11 private agency, but excluding urban all of the following:
8 12 a. Urban renewal demolition and low=rent housing projects,
8 13 industrial.
8 14 b. Industrial aid projects authorized under chapter 419,
8 15 emergency.
8 16 c. Emergency work or repair or maintenance work performed by
8 17 employees of a governmental entity, and excluding a.
8 18 d. A highway, bridge, or culvert project, and excluding
8 19 construction.
8 20 e. Construction or repair or maintenance work performed for
8 21 a city utility under chapter 388 by its employees or performed
8 22 for a rural water district under chapter 357A by its employees.
8 23 Sec. 10. Section 43.2, Code 2018, is amended to read as
8 24 follows:
8 25 43.2 Definitions.
8 26 1. As used in this chapter, unless the context otherwise
8 27 requires:
8 28 1. a. "Book", "list", "record", or "schedule" kept by a
8 29 county auditor, assessor, treasurer, recorder, sheriff, or
8 30 other county officer means the county system as defined in
8 31 section 445.1.
8 32 2. a. b. "Political party" shall mean a party which, at
8 33 the last preceding general election, cast for its candidate for
8 34 president of the United States or for governor, as the case
8 35 may be, at least two percent of the total vote cast for all
9 1 candidates for that office at that election. It shall be the
9 2 responsibility of the state commissioner to determine whether
9 3 any organization claiming to be a political party qualifies as
9 4 such under the foregoing definition.
9 5 b. 2. A political organization which is not a "political
9 6 party" within the meaning of this subsection 1, paragraph "b",
9 7 may nominate candidates and have the names of such candidates
9 8 placed upon the official ballot by proceeding under chapters
9 9 44 and 45.
9 10 Sec. 11. Section 43.115, subsection 2, Code 2018, is amended
9 11 to read as follows:
9 12 2. A Notwithstanding any statute to the contrary, a
9 13 candidate for precinct committee member may also file as
9 14 a candidate for one additional office, any statute to the
9 15 contrary notwithstanding.
9 16 Sec. 12. Section 49.5, Code 2018, is amended to read as
9 17 follows:
9 18 49.5 City precincts.
9 19 1. As used in this section:
9 20 a. "The convenience of the voters" refers to but is not
9 21 necessarily limited to the use of precinct boundaries which can
9 22 be readily described to and identified by voters and for which
9 23 there is ease of access by voters to their respective precinct
9 24 polling places by reasonably direct routes of travel.
9 25 b. "Promoting electoral efficiency" means reducing the cost
9 26 of staffing election precincts by requiring cities to avoid
9 27 creating more precincts than is reasonably necessary to provide
9 28 voters access to voting.
9 29 2. The council of a city where establishment of more
9 30 than one precinct is necessary or deemed advisable shall, at
9 31 the time required by law, divide the city into the number
9 32 of election precincts as will best serve the convenience of
9 33 the voters while promoting electoral efficiency. As used in
9 34 this section, the term "the convenience of the voters" refers
9 35 to, but is not necessarily limited to, the use of precinct
10 1 boundaries which can be readily described to and identified
10 2 by voters and for which there is ease of access by voters to
10 3 their respective precinct polling places by reasonably direct
10 4 routes of travel. As used in this section, the term "promoting
10 5 electoral efficiency" means reducing the cost of staffing
10 6 election precincts by requiring cities to avoid creating more
10 7 precincts than is reasonably necessary to provide voters access
10 8 to voting.
10 9 3. The precinct boundaries shall conform to section 49.3
10 10 and shall be described in an ordinance adopted by the council
10 11 within the time required by section 49.7. Before final
10 12 adoption of any change in election precinct boundaries pursuant
10 13 to this section or section 49.6, the council shall permit the
10 14 commissioner not less than seven and not more than ten days'
10 15 time to offer written comments to the council on the proposed
10 16 reprecincting. If the commissioner recommends changes in the
10 17 proposed reprecincting which the commissioner concludes could
10 18 better serve the convenience of the voters or could promote
10 19 electoral efficiency, including lowering election costs, the
10 20 council shall, if no changes to the reprecincting are made,
10 21 include reasons in the ordinance for not adopting the proposed
10 22 changes of the commissioner. A public hearing shall be held
10 23 before final adoption of the ordinance. Notice of the date,
10 24 time, and place of the hearing shall be given as provided in
10 25 chapter 21.
10 26 Sec. 13. Section 53.26, Code 2018, is amended to read as
10 27 follows:
10 28 53.26 Rejected ballots == how handled.
10 29 Every ballot not counted shall be endorsed on the back
10 30 thereof "Rejected because (giving reason therefor)". All
10 31 rejected ballots shall be enclosed and securely sealed in an
10 32 envelope on which the precinct election officials shall endorse
10 33 "Defective ballots", with a statement of the precinct in which
10 34 and the date of the election at which they were cast, and be
10 35 signed by the precinct election officials and returned to the
11 1 same officer and in the same manner as by law provided for
11 2 the return and preservation of official ballots voted at such
11 3 election.
11 4 Sec. 14. Section 59.1, subsection 1, Code 2018, is amended
11 5 to read as follows:
11 6 1. The contestant for a seat in either branch of the general
11 7 assembly shall, prior to twenty days before the first day of
11 8 the next session, serve on the incumbent in the manner provided
11 9 by the rules of civil procedure for service of an original
11 10 notice a statement of notice of contest which shall allege a
11 11 fact or facts, believed true by the contestant which, if true,
11 12 would alter the outcome of the election.
11 13 Sec. 15. Section 59.3, Code 2018, is amended to read as
11 14 follows:
11 15 59.3 Depositions.
11 16 Depositions may be taken in such cases in the same manner
11 17 and under the same rules as in an action at law in the district
11 18 court, but no cause for taking the same depositions need be
11 19 shown.
11 20 Sec. 16. Section 62.11, Code 2018, is amended to read as
11 21 follows:
11 22 62.11 Subpoenas.
11 23 Subpoenas for witnesses may be issued at any time after
11 24 the notice of trial is served, either by the county treasurer
11 25 or by the county auditor, and shall command the witnesses to
11 26 appear "appear at ....., on ...., to testify in relation to
11 27 a contested election, wherein ........ (Insert contestant's
11 28 name) is contestant and ........ (Insert incumbent's name) is
11 29 incumbent incumbent".
11 30 Sec. 17. Section 63A.2, subsection 1, Code 2018, is amended
11 31 to read as follows:
11 32 1. Governor, secretary of state, secretary of agriculture,
11 33 auditor of state, treasurer of state, and attorney general.
11 34 Sec. 18. Section 68B.39, Code 2018, is amended to read as
11 35 follows:
12 1 68B.39 Supreme court rules.
12 2 1. The supreme court of this state shall prescribe rules
12 3 establishing a code of ethics for officials and employees of
12 4 the judicial branch of this state, and the immediate family
12 5 members of the officials and employees. Rules prescribed under
12 6 this paragraph subsection shall include provisions relating to
12 7 the receipt or acceptance of gifts and honoraria, interests in
12 8 public contracts, services against the state, and financial
12 9 disclosure which are substantially similar to the requirements
12 10 of this chapter.
12 11 2. The supreme court of this state shall also prescribe
12 12 rules which relate to activities by officials and employees of
12 13 the judicial branch which constitute conflicts of interest.
12 14 Sec. 19. Section 69.16, Code 2018, is amended to read as
12 15 follows:
12 16 69.16 Appointive boards == political affiliation.
12 17 1. All appointive boards, commissions, and councils of the
12 18 state established by the Code if not otherwise provided by law
12 19 shall be bipartisan in their composition. No person shall be
12 20 appointed or reappointed to any board, commission, or council
12 21 established by the Code if the effect of that appointment or
12 22 reappointment would cause the number of members of the board,
12 23 commission, or council belonging to one political party to be
12 24 greater than one=half the membership of the board, commission,
12 25 or council plus one.
12 26 2. In the case where the appointment of members of the
12 27 general assembly is allowed, and the law does not otherwise
12 28 provide, if an even number of legislators are appointed they
12 29 shall be equally divided by political party affiliation; if an
12 30 odd number of members of the general assembly are appointed,
12 31 the number representing a certain political party shall not
12 32 exceed by more than one the legislative members of the other
12 33 political party who may be appointed.
12 34 3. If there are multiple appointing authorities for a board,
12 35 commission or council, the appointing authorities shall consult
13 1 to avoid a violation of this section.
13 2 4. This section shall not apply to any board, commission, or
13 3 council established by the Code for which other restrictions
13 4 regarding the political affiliations of members are provided
13 5 by law.
13 6 Sec. 20. Section 70A.20, Code 2018, is amended to read as
13 7 follows:
13 8 70A.20 Employees disability program.
13 9 1. As used in this section, unless the context otherwise
13 10 requires:
13 11 a. "Adult" means a person who is eighteen years of age or
13 12 older.
13 13 b. "Primary and family social security" shall not include
13 14 social security benefits awarded to an adult child with a
13 15 disability of the state employee with a disability who does
13 16 not reside with the state employee with a disability if the
13 17 social security benefits were awarded to the adult child with
13 18 a disability prior to the approval of the state employee's
13 19 benefits under this section, regardless of whether the United
13 20 States social security administration records the benefits
13 21 to the social security number of the adult child with a
13 22 disability, the state employee with a disability, or any other
13 23 family member, and such social security benefits shall not
13 24 reduce the benefits payable pursuant to this section.
13 25 2. A state employees disability insurance program is
13 26 created, which shall be administered by the director of the
13 27 department of administrative services and which shall provide
13 28 disability benefits in an amount and for the employees as
13 29 provided in this section. The monthly disability benefits
13 30 shall, at a minimum, provide twenty percent of monthly
13 31 earnings if employed less than one year, forty percent of
13 32 monthly earnings if employed one year or more but less than
13 33 two years, and sixty percent of monthly earnings thereafter,
13 34 reduced by primary and family social security determined
13 35 at the time social security disability payments commence,
14 1 railroad retirement disability income, workers' compensation
14 2 if applicable, and any other state=sponsored sickness or
14 3 disability benefits payable. However, the amount of benefits
14 4 payable under the Iowa public employees' retirement system
14 5 pursuant to chapter 97B shall not reduce the benefits payable
14 6 pursuant to this section. Subsequent social security or
14 7 railroad retirement increases shall not be used to further
14 8 reduce the insurance benefits payable. As used in this
14 9 section, "primary and family social security" shall not include
14 10 social security benefits awarded to an adult child with a
14 11 disability of the state employee with a disability who does
14 12 not reside with the state employee with a disability if the
14 13 social security benefits were awarded to the adult child with
14 14 a disability prior to the approval of the state employee's
14 15 benefits under this section, regardless of whether the United
14 16 States social security administration records the benefits
14 17 to the social security number of the adult child with a
14 18 disability, the state employee with a disability, or any other
14 19 family member, and such social security benefits shall not
14 20 reduce the benefits payable pursuant to this section. As
14 21 used in this section, unless the context otherwise requires,
14 22 "adult" means a person who is eighteen years of age or older.
14 23 State employees shall receive credit for the time they were
14 24 continuously employed prior to and on July 1, 1974.
14 25 3. The following provisions apply to the employees
14 26 disability insurance program:
14 27 1. a. Waiting period of no more than ninety working days of
14 28 continuous sickness or accident disability or the expiration of
14 29 accrued sick leave, whichever is greater.
14 30 2. b. Maximum period benefits paid for both accident or
14 31 sickness disability:
14 32 a. (1) If the disability occurs prior to the time the
14 33 employee attains the age of sixty=one years, the maximum
14 34 benefit period shall end sixty months after continuous benefit
14 35 payments begin or on the date on which the employee attains the
15 1 age of sixty=five years, whichever is later.
15 2 b. (2) If the disability occurs on or after the time the
15 3 employee attains the age of sixty=one years but prior to the
15 4 age of sixty=nine years, the maximum benefit period shall end
15 5 sixty months after continuous benefit payments begin or on the
15 6 date on which the employee attains the age of seventy years,
15 7 whichever is earlier.
15 8 c. (3) If the disability occurs on or after the time the
15 9 employee attains the age of sixty=nine years, the maximum
15 10 benefit period shall end twelve months after continuous benefit
15 11 payments begin.
15 12 3. a. c. (1) Minimum and maximum benefits of not less
15 13 than fifty dollars per month and not exceeding three thousand
15 14 dollars per month.
15 15 b. (2) In no event shall benefits exceed one hundred
15 16 percent of the claimant's predisability covered monthly
15 17 compensation.
15 18 4. d. All probationary and permanent full=time state
15 19 employees shall be covered under the employees disability
15 20 insurance program, except board members and members of
15 21 commissions who are not full=time state employees, and state
15 22 employees who on July 1, 1974, are under another disability
15 23 program financed in whole or in part by the state, and
15 24 state employees who have agreed to participation in another
15 25 disability program through a collective bargaining agreement.
15 26 For purposes of this section, members of the general assembly
15 27 serving on or after January 1, 1989, are eligible for the plan
15 28 during their tenure in office, on the basis of enrollment
15 29 rules established for full=time state employees excluded from
15 30 collective bargaining as provided in chapter 20.
15 31 Sec. 21. Section 80.18, Code 2018, is amended to read as
15 32 follows:
15 33 80.18 Expenses and supplies == reimbursement.
15 34 1. The commissioner shall provide peace officers of the
15 35 department when on duty, with suitable uniforms, subsistence,
16 1 arms, equipment, quarters, and other necessary supplies, and
16 2 also the expense and means of travel and boarding, according
16 3 to rules adopted by the commissioner, and as may be provided
16 4 by appropriation.
16 5 2. The department may expend moneys from the support
16 6 allocation of the department as reimbursement for replacement
16 7 or repair of personal items of the department's peace officers
16 8 or employees damaged or destroyed during a peace officer's or
16 9 employee's course of employment. However, the reimbursement
16 10 shall not exceed the greater of one hundred fifty dollars or
16 11 the amount agreed to under the collective bargaining agreement
16 12 for each item. The department shall adopt rules in accordance
16 13 with chapter 17A to administer this paragraph subsection.
16 14 Sec. 22. Section 80A.13, subsection 1, Code 2018, is amended
16 15 to read as follows:
16 16 1. File with the sheriff of the county in which the campus
16 17 is located evidence that the individual has successfully
16 18 completed an approved firearm safety training under section
16 19 724.9. This requirement does not apply to armored car
16 20 personnel.
16 21 Sec. 23. Section 84A.4, subsection 1, Code 2018, is amended
16 22 to read as follows:
16 23 1. A local workforce development board shall be established
16 24 in each service delivery area as defined in section 84B.3.
16 25 The voting members of each board shall be appointed by the
16 26 governor, consistent with the requirements of federal law
16 27 and in consultation with chief elected officials within the
16 28 local workforce development area. Chief elected officials
16 29 responsible for recommendations for each board's voting
16 30 membership shall include but are not limited to county
16 31 elected officials, municipal elected officials, and community
16 32 college directors. The voting membership of each board shall
16 33 provide for equal representation of business and labor and
16 34 shall include a county elected official, a city official, a
16 35 representative of a school district, and a representative of
17 1 a community college. A local workforce development board may
17 2 appoint ex officio, nonvoting members.
17 3 Sec. 24. Section 84A.7, subsections 2 and 3, Code 2018, are
17 4 amended to read as follows:
17 5 2. Iowa conservation corps established. The Iowa
17 6 conservation corps is established in this state to provide
17 7 meaningful and productive public service jobs for youth,
17 8 unemployed persons, persons with disabilities, disadvantaged
17 9 persons, and elderly persons, and to provide participants
17 10 with an opportunity to explore careers, gain work experience,
17 11 and contribute to the general welfare of their communities
17 12 and the state. The corps shall provide opportunities in the
17 13 areas of natural resource and wildlife conservation, park
17 14 maintenance and restoration, land management, energy savings,
17 15 community improvement projects, tourism, economic development,
17 16 and work benefiting human services programs. The department
17 17 of workforce development shall administer the corps and shall
17 18 adopt rules pursuant to chapter 17A governing its operation,
17 19 eligibility for participation, cash contributions, and
17 20 implementation of an incentive program.
17 21 3. Funding. Corps projects shall be funded by
17 22 appropriations to the Iowa conservation corps account and
17 23 by cash, services, and material contributions made by other
17 24 state agencies or local public and private agencies. Public
17 25 and private entities who benefit from a corps project shall
17 26 contribute at least thirty=five percent of the total project
17 27 budget. The contributions may be in the form of cash,
17 28 materials, or services. Materials and services shall be
17 29 intended for the project and acceptable to the department of
17 30 workforce development. Minimum levels of contributions shall
17 31 be prescribed in rules adopted by the department of workforce
17 32 development pursuant to chapter 17A.
17 33 Sec. 25. Section 84A.8, Code 2018, is amended to read as
17 34 follows:
17 35 84A.8 Workforce investment program.
18 1 A workforce investment program is established to enable
18 2 more Iowans to enter or reenter the workforce. The workforce
18 3 investment program shall provide training and support services
18 4 to population groups that have historically faced barriers to
18 5 employment. The department of workforce development shall
18 6 administer the workforce investment program and shall adopt
18 7 rules pursuant to chapter 17A governing its operation and
18 8 eligibility guidelines for participation.
18 9 Sec. 26. Section 85.22, unnumbered paragraph 1, Code 2018,
18 10 is amended to read as follows:
18 11 When an employee receives an injury or incurs an
18 12 occupational disease or an occupational hearing loss for
18 13 which compensation is payable under this chapter, chapter
18 14 85A, or chapter 85B, and which injury or occupational disease
18 15 or occupational hearing loss is caused under circumstances
18 16 creating a legal liability against some person, other than
18 17 the employee's employer or any employee of such employer as
18 18 provided in section 85.20 to pay damages, the employee, or
18 19 the employee's dependent, or the trustee of such dependent,
18 20 may take proceedings against the employer for compensation,
18 21 and the employee or, in case of death, the employee's legal
18 22 representative may also maintain an action against such third
18 23 party for damages. When an injured employee or the employee's
18 24 legal representative brings an action against such third party,
18 25 a copy of the original notice shall be served upon the employer
18 26 by the plaintiff, not less than ten days before the trial of
18 27 the case, but a failure to give such notice shall not prejudice
18 28 the rights of the employer, and the following rights and duties
18 29 shall ensue:
18 30 Sec. 27. Section 85.27, subsections 1 and 5, Code 2018, are
18 31 amended to read as follows:
18 32 1. The employer, for all injuries compensable under this
18 33 chapter or chapter 85A, shall furnish reasonable surgical,
18 34 medical, dental, osteopathic, chiropractic, podiatric, physical
18 35 rehabilitation, nursing, ambulance, and hospital services
19 1 and supplies therefor and shall allow reasonably necessary
19 2 transportation expenses incurred for such services. The
19 3 employer shall also furnish reasonable and necessary crutches,
19 4 artificial members and appliances but shall not be required to
19 5 furnish more than one set of permanent prosthetic devices.
19 6 5. When an artificial member or orthopedic appliance,
19 7 whether or not previously furnished by the employer, is damaged
19 8 or made unusable by circumstances arising out of and in the
19 9 course of employment other than through ordinary wear and tear,
19 10 the employer shall repair or replace it. When any crutch,
19 11 artificial member or appliance, whether or not previously
19 12 furnished by the employer, either is damaged or made unusable
19 13 in conjunction with a personal injury entitling the employee to
19 14 disability benefits, or services as provided by this section,
19 15 or is damaged in connection with employee actions taken which
19 16 avoid such personal injury, the employer shall repair or
19 17 replace it.
19 18 Sec. 28. Section 85.33, subsection 3, paragraph a, Code
19 19 2018, is amended to read as follows:
19 20 a. If an employee is temporarily, partially disabled and
19 21 the employer for whom the employee was working at the time of
19 22 injury offers to the employee suitable work consistent with the
19 23 employee's disability the employee shall accept the suitable
19 24 work, and be compensated with temporary partial benefits. If
19 25 the employer offers the employee suitable work and the employee
19 26 refuses to accept the suitable work offered by the employer,
19 27 the employee shall not be compensated with temporary partial,
19 28 temporary total, or healing period benefits during the period
19 29 of the refusal. Work offered at the employer's principal
19 30 place of business or established place of operation where the
19 31 employee has previously worked is presumed to be geographically
19 32 suitable for an employee whose duties involve travel away from
19 33 the employer's principal place of business or established place
19 34 of operation more than fifty percent of the time. If suitable
19 35 work is not offered by the employer for whom the employee was
20 1 working at the time of the injury and the employee who is
20 2 temporarily, partially disabled elects to perform work with
20 3 a different employer, the employee shall be compensated with
20 4 temporary partial benefits.
20 5 Sec. 29. Section 85.43, subsections 1 and 3, Code 2018, are
20 6 amended to read as follows:
20 7 1. If the deceased employee leaves a surviving spouse
20 8 qualified under the provisions of section 85.42, the full
20 9 compensation shall be paid to the surviving spouse, as provided
20 10 in section 85.31; provided that where a deceased employee leave
20 11 leaves a surviving spouse and a dependent child or children the
20 12 workers' compensation commissioner may make an order of record
20 13 for an equitable apportionment of the compensation payments.
20 14 3. If the deceased leaves a dependent child or children who
20 15 was or were such at the time of the injury, and the surviving
20 16 spouse remarries, then and in such case, the payments shall be
20 17 paid to the proper compensation trustee for the use and benefit
20 18 of such dependent child or children for the period provided in
20 19 section 85.31.
20 20 Sec. 30. Section 85.49, Code 2018, is amended to read as
20 21 follows:
20 22 85.49 Trustees for minors and dependents.
20 23 1. When a minor or a dependent who is mentally incompetent
20 24 is entitled to weekly benefits under this chapter, or chapter
20 25 85A or 85B, payment shall be made to the parent, guardian, or
20 26 conservator, who shall act as trustee, and the money coming
20 27 into the trustee's hands shall be expended for the use and
20 28 benefit of the person entitled to it under the direction and
20 29 orders of a district judge. The trustee shall qualify and give
20 30 bond in an amount as the district judge directs, which may be
20 31 increased or diminished from time to time.
20 32 2. If the domicile or residence of the minor or dependent
20 33 who is mentally incompetent is outside the state of Iowa, the
20 34 workers' compensation commissioner may order and direct that
20 35 benefits to the minors minor or dependents dependent be paid to
21 1 a guardian, conservator, or legal representative duly qualified
21 2 under the laws of the jurisdiction wherein the minors minor or
21 3 dependents dependent shall be domiciled or reside. Proof of
21 4 the identity and qualification of the guardian, conservator, or
21 5 other legal representative shall be furnished to the workers'
21 6 compensation commissioner.
21 7 Sec. 31. Section 85.61, subsection 3, Code 2018, is amended
21 8 to read as follows:
21 9 3. "Gross earnings" means recurring payments by the
21 10 employer to the employee for employment, before any authorized
21 11 or lawfully required deduction or withholding of funds by
21 12 the employer, excluding irregular bonuses, retroactive pay,
21 13 overtime, penalty pay, reimbursement of expenses, expense
21 14 allowances, and the employer's contribution for welfare
21 15 benefits.
21 16 Sec. 32. Section 85.70, subsection 2, paragraphs c, d, and
21 17 f, Code 2018, are amended to read as follows:
21 18 c. The employee shall be entitled to financial support from
21 19 the employer or the employer's insurer for participation in
21 20 the new career vocational and education training and education
21 21 program in a total amount not to exceed fifteen thousand
21 22 dollars to be used for the payment of tuition and fees and
21 23 the purchase of required supplies. The community college in
21 24 which an employee is enrolled pursuant to the program shall
21 25 bill the employer or the employer's insurer for the employee's
21 26 tuition and fees each semester, or the equivalent, that the
21 27 employee is enrolled in the program. The employer or the
21 28 employer's insurer shall also pay for the purchase of supplies
21 29 required by the employee to participate in the program, upon
21 30 receipt of documentation from the employee detailing the cost
21 31 of the supplies and the necessity for purchasing the supplies.
21 32 Such documentation may include written course requirements or
21 33 other documentation from the community college or the course
21 34 instructor regarding the necessity for the purchase of certain
21 35 supplies.
22 1 d. The employer or the employer's insurer may request a
22 2 periodic status report each semester from the community college
22 3 documenting the employee's attendance and participation in and
22 4 completion of the education and career vocational training
22 5 and education program. If an employee does not meet the
22 6 attendance requirements of the community college at which the
22 7 employee is enrolled or does not maintain a passing grade in
22 8 each course in which the employee is enrolled each semester,
22 9 or the equivalent, the employee's eligibility for continued
22 10 participation in the program is terminated.
22 11 f. Beginning on or before December 1, 2018, the department
22 12 of workforce development, in cooperation with the department
22 13 of education, the insurance division of the department of
22 14 commerce, and all community colleges that are participating
22 15 in the new career and vocational training and education
22 16 program, shall prepare an annual report for submission to the
22 17 general assembly that provides information about the status
22 18 of the program including but not limited to the utilization
22 19 of and participants in the program, program completion rates,
22 20 employment rates after completion of the program and the types
22 21 of employment obtained by the program participants, and the
22 22 effects of the program on workers' compensation premium rates.
22 23 Sec. 33. Section 88.7, subsection 1, paragraph b, Code 2018,
22 24 is amended to read as follows:
22 25 b. If, upon inspection or investigation, the commissioner or
22 26 the commissioner's authorized representative believes that an
22 27 employee, under the employee's own volition, has violated the
22 28 requirements of section 88.4, of any standard, rule or rules
22 29 promulgated pursuant to section 88.5, or of any regulations
22 30 prescribed pursuant to this chapter, the commissioner shall
22 31 with reasonable promptness issue a citation to the employee.
22 32 Each citation shall be in writing and shall describe with
22 33 particularity the nature of the violation, including a
22 34 reference to the provision of the chapter, standard, rules,
22 35 regulations or order alleged to have been violated. The
23 1 commissioner shall prescribe procedures for the issuance of
23 2 a notice in lieu of a citation with respect to de minimis
23 3 violations which have no direct or immediate relationship to
23 4 safety and health.
23 5 Sec. 34. Section 88A.3, subsection 1, Code 2018, is amended
23 6 to read as follows:
23 7 1. The commissioner shall adopt rules pursuant to chapter
23 8 17A for the safe installation, repair, maintenance, use,
23 9 operation, and inspection of amusement devices, amusement
23 10 rides, concession booths, and related electrical equipment at
23 11 carnivals and fairs to the extent necessary for the protection
23 12 of the public. The rules shall be based on generally accepted
23 13 engineering standards and shall be concerned with, but not
23 14 necessarily limited to, engineering force stresses, safety
23 15 devices, and preventive maintenance. If standards are
23 16 available in suitable form, the standards may be incorporated
23 17 by reference. The rules shall provide for the reporting of
23 18 accidents and injuries incurred from the operation of amusement
23 19 devices or rides, concession booths, or related electrical
23 20 equipment.
23 21 Sec. 35. Section 92.4, subsection 1, Code 2018, is amended
23 22 to read as follows:
23 23 1. Those persons legally out of school, and if such status
23 24 is verified by the submission of written proof to the labor
23 25 commissioner.
23 26 Sec. 36. Section 92.21, Code 2018, is amended to read as
23 27 follows:
23 28 92.21 Rules and orders of labor commissioner.
23 29 1. The labor commissioner may adopt rules pursuant to
23 30 chapter 17A to more specifically define the occupations and
23 31 equipment permitted or prohibited in this chapter, to determine
23 32 occupations for which work permits are required, and to
23 33 issue general and special orders prohibiting or allowing the
23 34 employment of persons under eighteen years of age in any place
23 35 of employment defined in this chapter as hazardous to the
24 1 health, safety, and welfare of the persons.
24 2 2. The labor commissioner shall adopt rules pursuant to
24 3 chapter 17A specifically defining the civil penalty amount to
24 4 be assessed for violations of this chapter.
24 5 Sec. 37. Section 100.19, subsection 4, paragraph d, Code
24 6 2018, is amended by striking the paragraph.
24 7 Sec. 38. Section 100.19, Code 2018, is amended by adding the
24 8 following new subsection:
24 9 NEW SUBSECTION. 4A. A retailer or community group shall not
24 10 transfer consumer fireworks, as described in APA 87=1, chapter
24 11 3, to a person who is under eighteen years of age.
24 12 Sec. 39. Section 123.38, subsection 2, Code 2018, is amended
24 13 to read as follows:
24 14 2. a. Any licensee or permittee, or the licensee's or
24 15 permittee's executor or administrator, or any person duly
24 16 appointed by the court to take charge of and administer the
24 17 property or assets of the licensee or permittee for the benefit
24 18 of the licensee's or permittee's creditors, may voluntarily
24 19 surrender a license or permit to the division. When a license
24 20 or permit is surrendered the division shall notify the local
24 21 authority, and the division or the local authority shall
24 22 refund to the person surrendering the license or permit, a
24 23 proportionate amount of the fee received by the division or the
24 24 local authority for the license or permit as follows: if
24 25 (1) If a license or permit is surrendered during the first
24 26 three months of the period for which it was issued, the refund
24 27 shall be three=fourths of the amount of the fee; if.
24 28 (2) If surrendered more than three months but not more than
24 29 six months after issuance, the refund shall be one=half of the
24 30 amount of the fee; if.
24 31 (3) If surrendered more than six months but not more than
24 32 nine months after issuance, the refund shall be one=fourth of
24 33 the amount of the fee.
24 34 (4) No refund shall be made, however, for any special
24 35 permit, liquor control license, wine permit, or beer permit
25 1 surrendered more than nine months after issuance.
25 2 b. For purposes of this subsection, any portion of license
25 3 or permit fees used for the purposes authorized in section
25 4 331.424, subsection 1, paragraph "a", subparagraphs (1) and
25 5 (2), and in section 331.424A, shall not be deemed received
25 6 either by the division or by a local authority.
25 7 c. No refund shall be made to any licensee or permittee
25 8 upon the surrender of the license or permit if there is at the
25 9 time of surrender a complaint filed with the division or local
25 10 authority charging the licensee or permittee with a violation
25 11 of this chapter.
25 12 d. If upon a hearing on a complaint the license or permit
25 13 is not revoked or suspended, then the licensee or permittee is
25 14 eligible, upon surrender of the license or permit, to receive a
25 15 refund as provided in this section. However, if the license or
25 16 permit is revoked or suspended upon hearing, the licensee or
25 17 permittee is not eligible for the refund of any portion of the
25 18 license or permit fee.
25 19 Sec. 40. Section 124.206, subsection 2, paragraph d,
25 20 unnumbered paragraph 1, Code 2018, is amended to read as
25 21 follows:
25 22 Coca leaves and any salt, compound, derivative, or
25 23 preparation of coca leaves, including cocaine and ecgonine and
25 24 their salts, isomers, derivatives and salts of isomers and
25 25 derivatives, and any salt, compound, derivative, or preparation
25 26 thereof that is chemically equivalent or identical to any of
25 27 such substances, except that the substances shall not include:
25 28 Sec. 41. Section 124.510, Code 2018, is amended to read as
25 29 follows:
25 30 124.510 Reports of arrests and analyses to department.
25 31 Any peace officer who arrests for any crime, any known
25 32 unlawful user of the drugs described in schedule I, II, III,
25 33 or IV, or who arrests any person for a violation of this
25 34 chapter, or charges any person with a violation of this chapter
25 35 subsequent to the person's arrest, shall within five days after
26 1 the arrest or the filing of the charge, whichever is later,
26 2 report the arrest and the charge filed to the department. The
26 3 peace officer or any other peace officer or law enforcement
26 4 agency which makes or obtains any quantitative or qualitative
26 5 analysis of any substance seized in connection with the arrest
26 6 of the person charged, shall report to the department the
26 7 results of the analysis at the time the arrest is reported
26 8 or at such later time as the results of the analysis become
26 9 available. This information is for the exclusive use of the
26 10 division of narcotics enforcement in the department of public
26 11 safety, and shall not be a matter of public record.
26 12 This information is for the exclusive use of the division of
26 13 narcotics enforcement in the department of public safety, and
26 14 shall not be a matter of public record.
26 15 Sec. 42. Section 126.14, subsection 1, Code 2018, is amended
26 16 to read as follows:
26 17 1. a. It bears or contains a poisonous or deleterious
26 18 substance which may render it injurious to users under the
26 19 conditions of use prescribed in its labeling or under customary
26 20 or usual conditions of use. However, this does not apply to
26 21 coal=tar hair dye if the label of the dye bears the following
26 22 legend conspicuously displayed and the label bears adequate
26 23 directions for the preliminary testing:
26 24 "Caution Caution == This product contains ingredients
26 25 which may cause skin irritation on certain individuals and a
26 26 preliminary test according to accompanying directions should
26 27 first be made. This product must not be used for dyeing the
26 28 eyelashes or eyebrows; to do so may cause blindness"; and the
26 29 label bears adequate directions for the preliminary testing
26 30 blindness.
26 31 b. For the purposes of this subsection and subsection 5,
26 32 "hair dye" does not include eyelash dyes or eyebrow dyes.
26 33 Sec. 43. Section 135B.21, Code 2018, is amended to read as
26 34 follows:
26 35 135B.21 Functions of hospital.
27 1 The ownership, and maintenance, and operation of the
27 2 laboratory and X=ray facilities and the operation of same under
27 3 this subchapter are proper functions of a hospital.
27 4 Sec. 44. Section 137C.1, Code 2018, is amended to read as
27 5 follows:
27 6 137C.1 Title.
27 7 This chapter shall be known as the Iowa hotel sanitation code
27 8 "Iowa Hotel Sanitation Code".
27 9 Sec. 45. Section 137C.35, Code 2018, is amended to read as
27 10 follows:
27 11 137C.35 Bed and breakfast homes and inns.
27 12 1. This chapter does not apply to bed and breakfast homes as
27 13 defined in section 137F.1. However, a bed and breakfast home
27 14 shall have a smoke detector in proper working order in each
27 15 sleeping room and a fire extinguisher in proper working order
27 16 on each floor. A bed and breakfast home which does not receive
27 17 its drinking water from a public water supply shall have its
27 18 drinking water tested at least annually by the state hygienic
27 19 laboratory or the local board of health. A violation of this
27 20 section is punishable as provided in section 137C.28.
27 21 2. A bed and breakfast inn is subject to regulation,
27 22 licensing, and inspection under this chapter, but separate
27 23 toilet and lavatory facilities shall not be required for each
27 24 guest room. Additionally, a bed and breakfast inn is exempt
27 25 from fire safety rules adopted pursuant to section 100.35 and
27 26 applicable to hotels, but is subject to fire safety rules which
27 27 the state fire marshal shall specifically adopt for bed and
27 28 breakfast inns.
27 29 3. A violation of this section is punishable as provided in
27 30 section 137C.28.
27 31 Sec. 46. Section 147.136A, subsection 1, paragraph a, Code
27 32 2018, is amended to read as follows:
27 33 a. "Health care provider" means a hospital as defined in
27 34 section 135B.1, a health care facility as defined in section
27 35 135C.1, a health facility as defined in section 135P.1, a
28 1 physician or an osteopathic physician licensed under chapter
28 2 148, a chiropractor licensed under chapter 151, a podiatrist
28 3 licensed under chapter 149, a physician assistant licensed and
28 4 practicing under a supervising physician under chapter 148C, a
28 5 podiatrist licensed under chapter 149, a chiropractor licensed
28 6 under chapter 151, a licensed practical nurse, a registered
28 7 nurse, or an advanced registered nurse practitioner licensed
28 8 under chapter 152 or 152E, a dentist licensed under chapter
28 9 153, an optometrist licensed under chapter 154, a pharmacist
28 10 licensed under chapter 155A, a hospital as defined in section
28 11 135B.1, a health care facility as defined in section 135C.1, a
28 12 health facility as defined in section 135P.1, a professional
28 13 corporation under chapter 496C that is owned by persons
28 14 licensed to practice a profession listed in this paragraph,
28 15 or any other person or entity who is licensed, certified, or
28 16 otherwise authorized or permitted by the law of this state to
28 17 administer health care in the ordinary course of business or in
28 18 the practice of a profession.
28 19 Sec. 47. Section 148D.2, Code 2018, is amended to read as
28 20 follows:
28 21 148D.2 Establishment.
28 22 1. A statewide medical education system is established
28 23 for the purpose of training resident physicians in family
28 24 practice. The dean of the college of medicine is responsible
28 25 for implementing the development and expansion of residency
28 26 programs in cooperation with the medical profession, hospitals,
28 27 and clinics located throughout the state. The head of the
28 28 department of family practice in the college of medicine
28 29 shall determine where affiliated residency programs shall be
28 30 established, giving consideration to communities in the state
28 31 where the population, hospital facilities, number of physicians
28 32 and interest in medical education indicate the potential
28 33 success of the residency programs. The medical education
28 34 systems shall provide financial support for residents in
28 35 training in accredited affiliated residency programs and shall
29 1 establish positions for a director, assistant director, and
29 2 other faculty in the programs.
29 3 2. To assure continued growth, development, and academic
29 4 essentials in ongoing programs, nonaffiliated residency
29 5 programs which are accredited by a recognized national
29 6 accrediting organization, shall be funded under this chapter
29 7 at a level commensurate with the support of the affiliated
29 8 residency programs having a comparable number of residents in
29 9 training or, if there are no affiliated residency programs
29 10 having a comparable number of residents in training, then a
29 11 nonaffiliated program shall be funded in an amount determined
29 12 on a pro rata capitation basis for each resident in training,
29 13 equivalent to the per capita funding for each resident in
29 14 training in an affiliated program having the nearest number of
29 15 residents in training. As used in the preceding sentence this
29 16 subsection, "support" means both cash grants and the value of
29 17 service directly provided to affiliated residency programs by
29 18 the college of medicine.
29 19 Sec. 48. Section 161A.24, Code 2018, is amended to read as
29 20 follows:
29 21 161A.24 Assessment for improvements.
29 22 1. At the time of appointing said the appraisers, the
29 23 governing body shall fix the time within which said assessment,
29 24 classification, and apportionment shall be made, which may
29 25 be extended for good cause shown. Within twenty days after
29 26 their appointment, they the appraisers shall begin to inspect
29 27 and classify all the lands within said the district, or any
29 28 change, extension, enlargement, or relocation thereof in tracts
29 29 of forty acres or less according to the legal or recognized
29 30 subdivisions, in a graduated scale of benefits to be numbered
29 31 according to the benefit to be received by each of such tracts
29 32 from such improvement, and pursue said the work continuously
29 33 until completed and, when. When the work is completed, the
29 34 appraisers shall make a full, accurate, and detailed report
29 35 thereof and file the same report with the governing body. The
30 1 lands receiving the greatest benefit shall be marked on a scale
30 2 of one hundred, and those benefited in a less degree with such
30 3 percentage of one hundred as the benefits received bear in
30 4 proportion thereto.
30 5 2. The amount of benefit appraised to each forty acres
30 6 of land within the subdistrict shall be determined by the
30 7 improvements within said subdistrict based upon the work plan
30 8 as agreed upon by the subdistrict.
30 9 Sec. 49. Section 164.3, Code 2018, is amended to read as
30 10 follows:
30 11 164.3 Female animals vaccinated.
30 12 Native female bovine animals of any breed between the ages
30 13 of four months and twelve months may be officially vaccinated
30 14 for brucellosis according to procedures approved by the United
30 15 States department of agriculture. Native female designated
30 16 animals other than bovine animals may be vaccinated as provided
30 17 by rules adopted by the department of agriculture and land
30 18 stewardship. The expense of the vaccination shall be borne in
30 19 the same manner as provided in section 164.6.
30 20 Sec. 50. Section 179.8, Code 2018, is amended to read as
30 21 follows:
30 22 179.8 Payment of expenses == limitation.
30 23 1. No part of the expense incurred by the commission
30 24 shall be paid out of moneys in the state treasury except
30 25 moneys transferred to the commission from the dairy industry
30 26 fund. Moneys transferred from the fund to the commission, as
30 27 provided in section 179.5, shall be used for the payment of
30 28 all salaries, and other expenses necessary, to carry out the
30 29 provisions of this chapter. However, in no event shall the
30 30 total expenses exceed the total taxes collected and transferred
30 31 from the fund to the commission.
30 32 2. No more than five percent of the excise tax collected and
30 33 received by the commission pursuant to section 179.5 shall be
30 34 utilized for administrative expenses of the commission.
30 35 Sec. 51. Section 185.25, Code 2018, is amended to read as
31 1 follows:
31 2 185.25 Special referendum == producer petition.
31 3 1. Upon receipt of a petition not less than one hundred
31 4 fifty nor more than two hundred forty days from a four=year
31 5 anniversary of the effective date of an initial promotional
31 6 order signed within that same period by a number of producers
31 7 equal to or greater than one percent of the number of
31 8 producers reported in the most recent United States census
31 9 of agriculture, requesting a referendum to determine whether
31 10 to extend the promotional order, the secretary shall call a
31 11 referendum to be conducted not earlier than thirty days before
31 12 the four=year anniversary date. If the secretary determines
31 13 that extension of the promotional order is not favored by
31 14 a majority of the producers voting in the referendum, the
31 15 promotional order shall be terminated as provided in section
31 16 185.24. If the promotional order is terminated, another
31 17 referendum shall not be held within one hundred eighty days. A
31 18 succeeding referendum shall be called by the secretary upon the
31 19 petition of a number of producers equal to or greater than one
31 20 percent of the number of producers reported in the most recent
31 21 United States census of agriculture requesting a referendum,
31 22 who shall guarantee the costs of the referendum.
31 23 2. If no valid petition is received by the secretary
31 24 within the time period described above in subsection 1, or
31 25 if a petition is received but the referendum to extend the
31 26 promotional order passes, the promotional order shall continue
31 27 in effect for four additional years from the anniversary of its
31 28 effective date.
31 29 Sec. 52. Section 192.103, subsections 1 and 2, Code 2018,
31 30 are amended to read as follows:
31 31 1. Only grade "A" pasteurized milk and milk products
31 32 shall be sold to the final consumer, or to restaurants, soda
31 33 fountains, grocery stores, or similar establishments; except.
31 34 However, in an emergency, the sale of pasteurized milk and milk
31 35 products which have not been graded, or the grade of which is
32 1 unknown, may be authorized by the secretary, in which case,
32 2 such products shall be labeled "ungraded".
32 3 2. No person shall within the state produce, provide,
32 4 sell, offer, or expose for sale, or have in possession with
32 5 intent to sell, any milk or milk product which is adulterated
32 6 or misbranded; except. However, in an emergency, the sale
32 7 of pasteurized milk and milk products which have not been
32 8 graded, or the grade of which is unknown, may be authorized by
32 9 the secretary, in which case such products shall be labeled
32 10 "ungraded".
32 11 Sec. 53. Section 200.17, Code 2018, is amended to read as
32 12 follows:
32 13 200.17 Seizure, condemnation, and sale.
32 14 Any lot of commercial fertilizer or soil conditioner not
32 15 in compliance with the provisions of this chapter shall be
32 16 subject to seizure on complaint of the secretary to a court
32 17 of competent jurisdiction in the county or adjoining county
32 18 in which said the commercial fertilizer or soil conditioner
32 19 is located. In the event the court finds the said commercial
32 20 fertilizer or soil conditioner to be in violation of this
32 21 chapter and orders the condemnation of said the commercial
32 22 fertilizer or soil conditioner, it shall be disposed of in any
32 23 manner consistent with the quality of the commercial fertilizer
32 24 or soil conditioner and the laws of the state: Except state.
32 25 However, in no instance shall the disposition of said the
32 26 commercial fertilizer or soil conditioner be ordered by the
32 27 court without first giving the claimant an opportunity to apply
32 28 to the court for release of said the commercial fertilizer or
32 29 soil conditioner or for permission to reprocess or relabel said
32 30 the commercial fertilizer or soil conditioner to bring it into
32 31 compliance with this chapter.
32 32 Sec. 54. Section 206.2, subsection 18, paragraph b,
32 33 subparagraph (8), Code 2018, is amended to read as follows:
32 34 (8) If in the case of a plant growth regulator, defoliant,
32 35 or desiccant when used as directed it shall be injurious to
33 1 living man humans or other vertebrate animals, or vegetation to
33 2 which it is applied, or to the person applying such pesticide;
33 3 provided, that physical or physiological effects on plants or
33 4 parts thereof shall not be deemed to be injury, when this is
33 5 the purpose for which the plant growth regulator, defoliant, or
33 6 desiccant was applied, in accordance with the label claims and
33 7 recommendations.
33 8 Sec. 55. Section 206.2, subsection 31, Code 2018, is amended
33 9 to read as follows:
33 10 31. "Unreasonable adverse effects on the environment" means
33 11 any unreasonable risk to man humans or the environment, taking
33 12 into account the economic, social, and environmental costs and
33 13 benefits of the use of any pesticide.
33 14 Sec. 56. Section 217.5, Code 2018, is amended to read as
33 15 follows:
33 16 217.5 Director of human services.
33 17 The chief administrative officer for the department of human
33 18 services is the director of human services. The director shall
33 19 be appointed by the governor subject to confirmation by the
33 20 senate and shall serve at the pleasure of the governor. The
33 21 governor shall fill a vacancy in this office in the same manner
33 22 as the original appointment was made. The director shall be
33 23 selected primarily for administrative ability. The director
33 24 shall not be selected on the basis of political affiliation
33 25 and shall not engage in political activity while holding this
33 26 position.
33 27 The director shall not be selected on the basis of political
33 28 affiliation and shall not engage in political activity while
33 29 holding this position.
33 30 Sec. 57. Section 218.4, subsection 2, Code 2018, is amended
33 31 to read as follows:
33 32 2. Rules adopted by the council pursuant to chapter 17A
33 33 shall be uniform and shall apply to all institutions under the
33 34 particular administrator and to all other institutions under
33 35 the administrator's jurisdiction, and the. The primary rules
34 1 for use in institutions where persons with mental illness are
34 2 served shall, unless otherwise indicated, uniformly apply
34 3 to county or private hospitals in which persons with mental
34 4 illness are served, but the rules shall not interfere with
34 5 proper medical treatment administered to patients by competent
34 6 physicians. Annually, signed copies of the rules shall be
34 7 sent to the superintendent of each institution or hospital
34 8 under the control or supervision of a particular administrator
34 9 and copies. Copies shall also be sent to the clerk of each
34 10 district court, the chairperson of the board of supervisors
34 11 of each county and, as appropriate, to the officer in charge
34 12 of institutions or hospitals caring for persons with mental
34 13 illness in each county who shall be responsible for seeing
34 14 that the rules are posted in each institution or hospital in a
34 15 prominent place. The rules shall be kept current to meet the
34 16 public need and shall be revised and published annually.
34 17 Sec. 58. Section 218.9, Code 2018, is amended to read as
34 18 follows:
34 19 218.9 Appointment of superintendents.
34 20 1. The administrator in charge of an institution, subject to
34 21 the approval of the director of human services, shall appoint
34 22 the superintendent of the institution. The tenure of office
34 23 shall be at the pleasure of the appointing authority. The
34 24 appointing authority may transfer a superintendent or warden
34 25 from one institution to another.
34 26 2. The superintendent or warden shall have immediate
34 27 custody and control, subject to the orders and policies of the
34 28 division administrator in charge of the institution, of all
34 29 property used in connection with the institution except as
34 30 provided in this chapter. The tenure of office shall be at the
34 31 pleasure of the appointing authority. The appointing authority
34 32 may transfer a superintendent or warden from one institution
34 33 to another.
34 34 Sec. 59. Section 218.21, Code 2018, is amended to read as
34 35 follows:
35 1 218.21 Record of residents.
35 2 The administrator of the department of human services in
35 3 control of a state institution shall, as to every person
35 4 committed to any of said the institutions, keep the following
35 5 record:
35 6 1. Name, residence, sex, age, nativity, occupation, civil.
35 7 2. Residence.
35 8 3. Sex.
35 9 4. Age.
35 10 5. Nativity.
35 11 6. Occupation.
35 12 7. Civil condition, date.
35 13 8. Date of entrance or commitment, date.
35 14 9. Date of discharge, whether.
35 15 10. Whether a discharge was final, condition.
35 16 11. Condition of the person when discharged, the.
35 17 12. The name of the institutions from which and to which
35 18 such person has been transferred, and, if.
35 19 13. If dead, the date, and cause of the person's death.
35 20 Sec. 60. Section 222.85, Code 2018, is amended to read as
35 21 follows:
35 22 222.85 Deposit of moneys == exception to guardians.
35 23 1. Any funds coming into the possession of the
35 24 superintendent or any employee of a resource center or special
35 25 unit belonging to any patient in that institution shall be
35 26 deposited in the name of the patient in the patients' personal
35 27 deposit fund, except that if a guardian of the property has
35 28 been appointed for the person, the guardian shall have the
35 29 right to demand and receive such funds. Funds belonging to a
35 30 patient deposited in the patients' personal deposit fund may
35 31 be used for the purchase of personal incidentals, desires, and
35 32 comforts for the patient.
35 33 2. Money paid to a resource center from any source other
35 34 than state appropriated funds and intended to pay all or a
35 35 portion of the cost of care of a patient, which cost would
36 1 otherwise be paid from state or county funds or from the
36 2 patient's own funds, shall not be deemed money "funds belonging
36 3 to the patient a patient" for the purposes of this section.
36 4 Sec. 61. Section 232.52, subsection 2, paragraph a,
36 5 subparagraph (4), subparagraph division (a), subparagraph
36 6 subdivision (viii), Code 2018, is amended to read as follows:
36 7 (viii) Section 724.4 or 724.4B.
36 8 Sec. 62. Section 232.72, subsection 2, Code 2018, is amended
36 9 to read as follows:
36 10 2. However, if If the person making a report of child
36 11 abuse pursuant to this chapter does not know where the child's
36 12 home is located, or if the child's home is not located in the
36 13 service area where the health practitioner examines, attends,
36 14 or treats the child, the report may be made to the department
36 15 or to the local office serving the county where the person
36 16 making the report resides or the county where the health
36 17 practitioner examines, attends, or treats the child. These
36 18 agencies shall promptly proceed as provided in section 232.71B,
36 19 unless the matter is transferred as provided in this section.
36 20 Sec. 63. Section 232.158A, subsection 1, unnumbered
36 21 paragraph 1, Code 2018, is amended to read as follows:
36 22 Notwithstanding any provision of the interstate compact
36 23 on the placement of children under section 232.158 to the
36 24 contrary, the department of human services shall permit the
36 25 legal risk placement of a child under the interstate compact on
36 26 the placement of children if the prospective adoptive parent
36 27 provides a legal risk statement, in writing, acknowledging all
36 28 of the following:
36 29 Sec. 64. Section 249A.47, subsection 4, Code 2018, is
36 30 amended to read as follows:
36 31 4. Of any amount recovered arising out of a claim under Tit.
36 32 XIX or XXI of the federal Social Security Act, the department
36 33 shall receive the amount bearing the same proportion paid by
36 34 the department for such claims, including any federal share
36 35 that must be returned to the centers for Medicare and Medicaid
37 1 services of the United States department of health and human
37 2 services. The remainder of any amount recovered shall be
37 3 deposited in the general fund of the state.
37 4 Sec. 65. Section 251.1, Code 2018, is amended to read as
37 5 follows:
37 6 251.1 Definitions.
37 7 As used in this chapter:
37 8 1. "Administrator" means the administrator of the division
37 9 of adult, children, and family services of the department of
37 10 human services.
37 11 2. "Division" or "state division" means the division of
37 12 child adult, children, and family services of the department
37 13 of human services; "administrator" means the administrator of
37 14 the division of child and family services of the department of
37 15 human services.
37 16 Sec. 66. Section 260C.35, Code 2018, is amended to read as
37 17 follows:
37 18 260C.35 Limitation on land.
37 19 1. A merged area shall not purchase land which will increase
37 20 the aggregate of land owned by the merged area, excluding land
37 21 acquired by donation or gift, to more than three hundred twenty
37 22 acres without the approval of the director of the department
37 23 of education. The limitation does not apply to a merged area
37 24 owning more than three hundred twenty acres, excluding land
37 25 acquired by donation or gift, prior to January 1, 1969.
37 26 2. With the approval of the director of the department
37 27 of education, the board of directors of a merged area at any
37 28 time may sell any land in excess of one hundred sixty acres
37 29 owned by the merged area, and an election is not necessary in
37 30 connection with the sale. The proceeds of the sale may be
37 31 used for any of the purposes stated in section 260C.22. This
37 32 paragraph subsection is in addition to any authority under
37 33 other provisions of law.
37 34 Sec. 67. Section 260F.2, subsection 11, Code 2018, is
37 35 amended to read as follows:
38 1 11. "Project" means a training arrangement which is the
38 2 subject of an agreement entered into between the community
38 3 college and a business to provide program services. "Project"
38 4 also means an authority=sponsored a training arrangement which
38 5 is sponsored by the authority and administered under sections
38 6 260F.6A and 260F.6B.
38 7 Sec. 68. Section 261.1, subsection 2, paragraph d,
38 8 subparagraph (2), Code 2018, is amended to read as follows:
38 9 (2) One member shall be selected to represent Iowa's
38 10 community colleges. When appointing this member, the governor
38 11 shall give careful consideration to any person or persons
38 12 nominated or recommended by any organization or association of
38 13 Iowa community colleges.
38 14 Sec. 69. Section 261.2, subsection 10, paragraph b, Code
38 15 2018, is amended to read as follows:
38 16 b. The institutions are eligible to participate in a federal
38 17 student aid program authorized under Tit. IV of the federal
38 18 Higher Education Act of 1965, Pub. L. No. 89=329, as amended.
38 19 Sec. 70. Section 262.75, Code 2018, is amended to read as
38 20 follows:
38 21 262.75 Incentives for cooperating teachers.
38 22 1. A cooperating teacher incentive program is established
38 23 to encourage experienced teachers to serve as cooperating
38 24 teachers for student teachers enrolled in the institutions of
38 25 higher education under the control of the board.
38 26 2. An individual who submits evidence to an institution
38 27 that the individual has satisfactorily served as a cooperating
38 28 teacher for a student teacher from any of the institutions
38 29 of higher education under the control of the board for the
38 30 duration of the student teaching experience shall receive from
38 31 the institution either a monetary recompense or a reduction
38 32 in tuition for graduate hours of coursework equivalent to the
38 33 value of the monetary recompense, rounded to the nearest whole
38 34 credit hour.
38 35 a. If, because of a policy adopted by the board of directors
39 1 employing the teacher, the amount of the monetary recompense
39 2 is not made available to the teacher for the teacher's own
39 3 personal use or the salary paid to the cooperating teacher by
39 4 the employing board is correspondingly reduced, the institution
39 5 shall grant the teacher the reduction in tuition pursuant to
39 6 this section in lieu of the monetary recompense.
39 7 b. In lieu of the payment of monetary recompense to a
39 8 cooperating teacher, the cooperating teacher may direct that
39 9 the monetary recompense be paid by the institution directly
39 10 into a scholarship fund which has been established jointly by
39 11 the board of directors of the school district that employs
39 12 the teacher and the local teachers' association. In such
39 13 cases, the cooperating teacher shall receive neither monetary
39 14 recompense nor any reduction in tuition at the institution.
39 15 Sec. 71. Section 263.17, subsection 2, Code 2018, is amended
39 16 to read as follows:
39 17 2. a. The center shall be a cooperative effort of
39 18 representatives of the following organizations:
39 19 (1) The state university of Iowa department of preventive
39 20 medicine occupational and environmental health.
39 21 (2) The department of pediatrics of the university of Iowa
39 22 college of medicine.
39 23 (3) The state hygienic laboratory.
39 24 (4) The institute of agricultural medicine rural and
39 25 environmental health.
39 26 (5) The university of Iowa Holden comprehensive cancer
39 27 center.
39 28 (6) The department of civil and environmental engineering.
39 29 (7) Appropriate clinical and basic science departments.
39 30 (8) The college of law.
39 31 (9) The college of liberal arts and sciences.
39 32 (10) The Iowa department of public health.
39 33 (11) The department of natural resources.
39 34 (12) The department of agriculture and land stewardship.
39 35 b. The active participation of the national cancer
40 1 institute, the agency for toxic substances and disease
40 2 registries registry, the national center centers for disease
40 3 control and prevention, the United States environmental
40 4 protection agency, and the United States geological survey,
40 5 shall also be sought and encouraged.
40 6 Sec. 72. Section 273.25, Code 2018, is amended to read as
40 7 follows:
40 8 273.25 Dissolution commission meetings.
40 9 1. The commission shall hold an organizational meeting
40 10 not more than fifteen days after its appointment and shall
40 11 elect a chairperson and vice chairperson from its membership.
40 12 Thereafter the commission may meet as often as deemed
40 13 necessary upon the call of the chairperson or a majority of the
40 14 commission members.
40 15 2. The commission shall request statements from contiguous
40 16 area education agencies outlining each agency's willingness to
40 17 accept attachments of the affected area education agency to the
40 18 contiguous agencies and what conditions, if any, the contiguous
40 19 agency recommends. The commission shall meet with boards of
40 20 contiguous area education agencies and with boards of directors
40 21 of the affected school districts to the extent possible in
40 22 drawing up the dissolution proposal.
40 23 3. The commission may seek assistance from the department
40 24 of education.
40 25 Sec. 73. Section 274.37, Code 2018, is amended to read as
40 26 follows:
40 27 274.37 Boundaries changed by action of boards == buildings
40 28 constructed.
40 29 1. The boundary lines of contiguous school corporations may
40 30 be changed by the concurrent action of the respective boards
40 31 of directors at their regular meetings in July, or at special
40 32 meetings called for that purpose. Such concurrent action shall
40 33 be subject to the approval of the area education agency board
40 34 but such concurrent action shall stand approved if the said
40 35 board does not disapprove such concurrent action within thirty
41 1 days following receipt of notice thereof. The corporation from
41 2 which territory is detached shall, after the change, contain
41 3 not less than four government sections of land.
41 4 2. The boards in the respective districts, the boundaries
41 5 of which have been changed under this section, complete in
41 6 all respects except for the passage of time prior to the
41 7 effective date of the change, and when the right of appeal of
41 8 the change has expired, may enter into joint contracts for the
41 9 construction of buildings for the benefit of the corporations
41 10 whose boundaries have been changed, using funds accumulated
41 11 under the physical plant and equipment levy in section 298.2.
41 12 The district in which the building is to be located may use any
41 13 funds authorized in accordance with chapter 75.
41 14 3. This section does not permit the changed districts to
41 15 expend any funds jointly which they are not entitled to expend
41 16 acting individually.
41 17 Sec. 74. Section 275.2, Code 2018, is amended to read as
41 18 follows:
41 19 275.2 Scope of surveys.
41 20 1. The scope of the studies and surveys shall include
41 21 all of the following matters in the various districts in the
41 22 area education agency and all districts adjacent to the area
41 23 education agency: the
41 24 a. The adequacy of the educational program, pupil.
41 25 b. Pupil enrollment, property.
41 26 c. Property valuations, existing.
41 27 d. Existing buildings and equipment, natural.
41 28 e. Natural community areas, road.
41 29 f. Road conditions, transportation, economic.
41 30 g. Transportation.
41 31 h. Economic factors, individual.
41 32 i. Individual attention given to the needs of students, the.
41 33 j. The opportunity of students to participate in a wide
41 34 variety of activities related to the total development of the
41 35 student, and other.
42 1 k. Other matters that may bear on educational programs
42 2 meeting minimum standards required by law.
42 3 2. The plans shall also include suggested alternate plans
42 4 that incorporate the school districts in the area education
42 5 agency into reorganized districts that meet the enrollment
42 6 standards specified in section 275.3 and may include alternate
42 7 plans proposed by school districts for sharing programs
42 8 under section 28E.9, 256.13, 280.15, 282.7, or 282.10 as an
42 9 alternative to school reorganization.
42 10 Sec. 75. Section 275.52, Code 2018, is amended to read as
42 11 follows:
42 12 275.52 Meetings.
42 13 1. The commission shall hold an organizational meeting
42 14 not more than fifteen days after its appointment and shall
42 15 elect a chairperson and vice chairperson from its membership.
42 16 Thereafter the commission may meet as often as deemed
42 17 necessary upon the call of the chairperson or a majority of the
42 18 commission members.
42 19 2. The commission shall request statements from contiguous
42 20 school districts outlining each district's willingness
42 21 to accept attachments of the affected school district to
42 22 the contiguous districts and what conditions, if any, the
42 23 contiguous school district recommends. The commission shall
42 24 meet with boards of contiguous school districts and with
42 25 residents of the affected school district to the extent
42 26 possible in drawing up the dissolution proposal.
42 27 3. The commission may seek assistance from the area
42 28 education agency and the department of education.
42 29 Sec. 76. Section 306.41, Code 2018, is amended to read as
42 30 follows:
42 31 306.41 Temporary closing for construction.
42 32 1. The agency having jurisdiction and control over any
42 33 highway in the state, or the chief engineer of said the
42 34 agency when delegated by such agency, may temporarily close
42 35 sections of a highway by formal resolution entered upon the
43 1 minutes of such agency when reasonably necessary because
43 2 of construction, reconstruction, maintenance or natural
43 3 disaster and shall cause to be erected "road closed" signs
43 4 and partial or total barricades in the roadway at each end
43 5 of the closed highway section and on the closed highway
43 6 where that highway is intersected by other highways if such
43 7 intersection remains open. Any numbered road closed for over
43 8 forty=eight hours shall have a designated detour route. The
43 9 agency having jurisdiction over a section of highway closed
43 10 in accordance with the provisions of this section, or the
43 11 persons or contractors employed to carry out the construction,
43 12 reconstruction, or maintenance of the closed section of
43 13 highway, shall not be liable for any damages to any vehicle
43 14 that enters the closed section of highway or the contents of
43 15 such vehicle or for any injuries to any person that enters the
43 16 closed section of highway, unless the damages are caused by
43 17 gross negligence of the agency or contractor.
43 18 2. Nothing herein in this section shall be construed to
43 19 prohibit or deny any person from gaining lawful access to the
43 20 person's property or residence, nor shall it change or limit
43 21 liability to such persons.
43 22 Sec. 77. Section 306A.5, Code 2018, is amended to read as
43 23 follows:
43 24 306A.5 Acquisition of property and property rights.
43 25 1. For the purposes of this chapter, cities and highway
43 26 authorities having jurisdiction and control over the highways
43 27 of the state, as provided by chapter 306, may acquire private
43 28 or public property rights for controlled=access facilities
43 29 and service roads, including rights of access, air, view, and
43 30 light, by gift, devise, purchase, or condemnation in the same
43 31 manner as such units are authorized by law to acquire such
43 32 property or property rights in connection with highways and
43 33 streets within their respective jurisdictions. All property
43 34 rights acquired under this chapter shall be in fee simple. In
43 35 connection with the acquisition of property or property rights
44 1 for a controlled=access facility or portion of, or service road
44 2 in connection with a controlled=access facility, the cities and
44 3 highway authorities, in their discretion, may acquire an entire
44 4 lot, block, or tract of land, if by so doing the interests of
44 5 the public will be best served, even though the entire lot,
44 6 block, or tract is not immediately needed for the right=of=way
44 7 proper.
44 8 2. No access Access rights to any highway shall not be
44 9 acquired by any authority having jurisdiction and control
44 10 over the highways of this state by adverse possession or
44 11 prescriptive right. No action heretofore or hereafter Action
44 12 taken by any such authority shall not form the basis for any
44 13 claim of adverse possession of, or prescriptive right to any
44 14 access rights by any such authority.
44 15 Sec. 78. Section 308.1, Code 2018, is amended to read as
44 16 follows:
44 17 308.1 Planning commission.
44 18 1. The Mississippi parkway planning commission shall be
44 19 composed of ten members appointed by the governor, five members
44 20 to be appointed for two=year terms beginning July 1, 1959, and
44 21 five members to be appointed for four=year terms beginning July
44 22 1, 1959. In addition to the above members there shall be seven
44 23 advisory ex officio members who shall be as follows:
44 24 a. One member from the state transportation commission, one.
44 25 b. One member from the natural resource commission, one.
44 26 c. One member from the state soil conservation and water
44 27 quality committee, one.
44 28 d. One member from the state historical society of Iowa,
44 29 one.
44 30 e. One member from the faculty of the landscape
44 31 architectural division of the Iowa state university of science
44 32 and technology, one.
44 33 f. One member from the economic development authority, and
44 34 one.
44 35 g. One member from the environmental protection commission.
45 1 2. Members and ex officio members shall serve without pay,
45 2 but the actual and necessary expenses of members and ex officio
45 3 members may be paid if the commission so orders and if the
45 4 commission has funds available for that purpose.
45 5 Sec. 79. Section 308A.3, Code 2018, is amended to read as
45 6 follows:
45 7 308A.3 Certain elevated structures prohibited == exception.
45 8 Bikeways and walkways approved as either incidental features
45 9 of highway construction projects primarily for motor vehicular
45 10 traffic or as an independent bikeway or walkway construction
45 11 project constructed pursuant to the Highway Act of 1973, 23
45 12 U.S.C. {217, shall not be constructed as elevated structures
45 13 joining private buildings or so constructed to provide elevated
45 14 access or egress facilities to private buildings unless the
45 15 following condition is met:
45 16 That the portion of project funds that is necessary to obtain
45 17 federal funds is provided by private parties benefited by the
45 18 facilities.
45 19 Sec. 80. Section 317.3, Code 2018, is amended to read as
45 20 follows:
45 21 317.3 Weed commissioner == standards for noxious weed
45 22 control.
45 23 1. The board of supervisors of each county may annually
45 24 appoint a county weed commissioner who may be a person
45 25 otherwise employed by the county and who passes minimum
45 26 standards established by the department of agriculture and land
45 27 stewardship for noxious weed identification and the recognized
45 28 methods for noxious weed control and elimination. The county
45 29 weed commissioner's appointment shall be effective as of March
45 30 1 and shall continue for a term at the discretion of the
45 31 board of supervisors unless the commissioner is removed from
45 32 office as provided for by law. The county weed commissioner
45 33 may, with the approval of the board of supervisors, require
45 34 that commercial applicators and their appropriate employees
45 35 pass the same standards for noxious weed identification
46 1 as established by the department of agriculture and land
46 2 stewardship. The name and address of the person appointed
46 3 as county weed commissioner shall be certified to the county
46 4 auditor and to the secretary of agriculture within ten days of
46 5 the appointment.
46 6 2. The board of supervisors shall fix the compensation
46 7 of the county weed commissioner and deputies. Compensation
46 8 shall be for the period of actual work only, although a
46 9 weed commissioner assigned other duties not related to weed
46 10 eradication may receive an annual salary. The board of
46 11 supervisors shall likewise determine whether employment shall
46 12 be by hour, day, or month and the rate of pay for the employment
46 13 time. In addition to compensation, the commissioner and
46 14 deputies shall be paid their necessary travel expenses.
46 15 3. At the discretion of the board of supervisors, the weed
46 16 commissioner shall attend a seminar or school conducted or
46 17 approved by the department of agriculture and land stewardship
46 18 relating to the identification, control, and elimination of
46 19 noxious weeds. The county weed commissioner may, with the
46 20 approval of the board of supervisors, require that commercial
46 21 applicators and their appropriate employees pass the same
46 22 standards for noxious weed identification as established by the
46 23 department of agriculture and land stewardship.
46 24 4. The board of supervisors shall prescribe the time of year
46 25 the weed commissioner shall perform the powers and duties of
46 26 county weed commissioner under this chapter which may be during
46 27 that time of year when noxious weeds can effectively be killed.
46 28 Compensation shall be for the period of actual work only
46 29 although a weed commissioner assigned other duties not related
46 30 to weed eradication may receive an annual salary. The board of
46 31 supervisors shall likewise determine whether employment shall
46 32 be by hour, day or month and the rate of pay for the employment
46 33 time.
46 34 Sec. 81. Section 317.13, Code 2018, is amended to read as
46 35 follows:
47 1 317.13 Program of control.
47 2 1. The board of supervisors of each county may each
47 3 year, upon recommendation of the county weed commissioner by
47 4 resolution prescribe and order a program of weed control for
47 5 purposes of complying with all sections of this chapter. The
47 6 county board of supervisors of each county may also by adopting
47 7 an integrated roadside vegetation management plan prescribe and
47 8 order a program of weed control for purposes of complying with
47 9 all sections of this chapter. The program for weed control
47 10 ordered or adopted by the county board of supervisors shall
47 11 provide that spraying for control of weeds shall be limited
47 12 to those circumstances when it is not practical to mow or
47 13 otherwise control the weeds.
47 14 2. The program of weed control shall include a program of
47 15 permits for the burning, mowing, or spraying of roadsides by
47 16 private individuals. The county board of supervisors shall
47 17 allow only that burning, mowing, or spraying of roadsides
47 18 by private individuals that is consistent with the adopted
47 19 integrated roadside vegetation management plan. This paragraph
47 20 subsection applies only to those roadside areas of a county
47 21 which are included in an integrated roadside vegetation
47 22 management plan.
47 23 Sec. 82. Section 321.285, subsection 7, Code 2018, is
47 24 amended to read as follows:
47 25 7. A person who violates this section for excessive speed
47 26 in violation of a speed limit commits a simple misdemeanor
47 27 punishable as a scheduled violation under section 805.8A,
47 28 subsection 5. A person who operates a school bus at a speed
47 29 which exceeds a limit established under this section by
47 30 ten miles an per hour or less commits a simple misdemeanor
47 31 punishable as a scheduled violation under section 805.8A,
47 32 subsection 10. A person who violates any other provision of
47 33 this section commits a simple misdemeanor.
47 34 Sec. 83. Section 350.2, Code 2018, is amended to read as
47 35 follows:
48 1 350.2 Petition == board membership.
48 2 1. Upon a petition to the board of supervisors which
48 3 meets the requirements of section 331.306, the board of
48 4 supervisors shall submit to the voters at the next general
48 5 election the question of whether a county conservation board
48 6 shall be created as provided for in this chapter. If at the
48 7 election the majority of votes favors the creation of a county
48 8 conservation board, the board of supervisors within sixty days
48 9 after the election shall create a county conservation board to
48 10 consist of five bona fide residents of the county.
48 11 2. The members first appointed shall hold office for the
48 12 term of one, two, three, four, and five years respectively, as
48 13 indicated and fixed by the board of supervisors. Thereafter,
48 14 succeeding members shall be appointed for a term of five years,
48 15 except that vacancies occurring otherwise than by expiration
48 16 of term shall be filled by appointment for the unexpired term.
48 17 When a member of the county conservation board, during the term
48 18 of office, ceases to be a bona fide resident of the county,
48 19 the member is disqualified as a member and the office becomes
48 20 vacant.
48 21 3. Members of the county conservation board shall be
48 22 selected and appointed on the basis of their demonstrated
48 23 interest in conservation matters, and shall serve without
48 24 compensation, but may be paid their actual and necessary
48 25 expenses incurred in the performance of their official duties.
48 26 4. Members of the county conservation board may be
48 27 removed for cause by the board of supervisors as provided in
48 28 section 331.321, subsection 3, if the cause is malfeasance,
48 29 nonfeasance, disability, or failure to participate in board
48 30 activities as set forth by the rules of the county conservation
48 31 board.
48 32 Sec. 84. Section 350.3, Code 2018, is amended to read as
48 33 follows:
48 34 350.3 Meetings == records == annual report.
48 35 1. Within thirty days after the appointment of members
49 1 of the county conservation board, the board shall organize
49 2 by selecting from its members a president and secretary and
49 3 such other officers as are deemed necessary, who shall hold
49 4 office for the calendar year in which elected and until
49 5 their successors are selected and qualify. Three members of
49 6 the board shall constitute a quorum for the transaction of
49 7 business.
49 8 2. The board shall hold regular monthly meetings. Special
49 9 meetings may be called by the president, and shall be called
49 10 on the request of a majority of members, as the necessity may
49 11 require. Three members of the board shall constitute a quorum
49 12 for the transaction of business. The county conservation board
49 13 shall have power to adopt bylaws, to adopt and use a common
49 14 seal, and to enter into contracts.
49 15 3. The county board of supervisors shall provide suitable
49 16 offices for the meetings of the county conservation board
49 17 and for the safekeeping of its records. Such records shall
49 18 be subject to public inspection at all reasonable hours and
49 19 under such regulations as the county conservation board may
49 20 prescribe.
49 21 4. The county conservation board shall annually make a full
49 22 and complete report to the county board of supervisors of its
49 23 the county conservation board's transactions and operations
49 24 for the preceding year. Such report shall contain a full
49 25 statement of its the board's receipts, disbursements, and the
49 26 program of work for the period covered, and may include such
49 27 recommendations as may be deemed advisable.
49 28 Sec. 85. Section 350.5, Code 2018, is amended to read as
49 29 follows:
49 30 350.5 Regulations == penalty == officers.
49 31 1. The county conservation board may make, alter, amend or
49 32 repeal regulations for the protection, regulation, and control
49 33 of all museums, parks, preserves, parkways, playgrounds,
49 34 recreation centers, and other property under its control. The
49 35 regulations shall not be contrary to, or inconsistent with, the
50 1 laws of this state.
50 2 2. The regulations shall not take effect until ten days
50 3 after their adoption by the board and after their publication
50 4 as provided in section 331.305 and after a copy of the
50 5 regulations has been posted near each gate or principal
50 6 entrance to the public ground to which they apply.
50 7 3. After the publication and posting, a person violating a
50 8 provision of the regulations which are then in effect is guilty
50 9 of a simple misdemeanor.
50 10 4. The board may designate the director and those employees
50 11 as the director may designate as police officers who shall
50 12 have all the powers conferred by law on police officers, peace
50 13 officers, or sheriffs in the enforcement of the laws of this
50 14 state and the apprehension of violators upon all property under
50 15 its control within and without the county. The board may grant
50 16 the director and those employees of the board designated as
50 17 police officers the authority to enforce the provisions of
50 18 chapters 321G, 321I, 461A, 462A, 481A, and 483A on land not
50 19 under the control of the board within the county.
50 20 Sec. 86. Section 355.8, subsection 17, Code 2018, is amended
50 21 to read as follows:
50 22 17. Interior excepted parcels shall be clearly indicated
50 23 and labeled, "not as follows:
50 24 Nota part of this survey (or subdivision)" subdivision).
50 25 Sec. 87. Section 357E.5, Code 2018, is amended to read as
50 26 follows:
50 27 357E.5 Hearing of petition == action by board.
50 28 At the public hearing required in section 357E.3, the board
50 29 of supervisors may consider the boundaries of a proposed
50 30 district, whether the boundaries shall be as described in the
50 31 petition or otherwise, and for that purpose may amend the
50 32 petition and change the boundaries of the proposed district
50 33 as stated in the petition. The supervisors may adjust the
50 34 boundaries of a proposed district as needed to exclude land
50 35 that has no reasonable likelihood of benefit from inclusion in
51 1 the proposed district. However, the boundaries of a proposed
51 2 district shall not be changed to incorporate property which
51 3 is not included in the original petition. Within ten days
51 4 after the hearing, the board of supervisors shall establish the
51 5 district by resolution or disallow the petition.
51 6 After, and within ten days of, the hearing, the board of
51 7 supervisors shall establish the district by resolution or
51 8 disallow the petition.
51 9 Sec. 88. Section 358.5, Code 2018, is amended to read as
51 10 follows:
51 11 358.5 Hearing of petition and order.
51 12 1. The board of supervisors to whom the petition is
51 13 addressed shall preside at the hearing provided for in
51 14 section 358.4 and shall continue the hearing in session, with
51 15 adjournments from day to day, if necessary, until completed,
51 16 without being required to give any further notice of the
51 17 hearing. Proof of the residences and qualifications of the
51 18 petitioners as eligible electors shall be made by affidavit
51 19 or otherwise as the board may direct. The board may consider
51 20 the boundaries of a proposed sanitary district, whether they
51 21 shall be as described in the petition or otherwise, and for
51 22 that purpose may alter and amend the petition and limit or
51 23 change the boundaries of the proposed district as stated in the
51 24 petition. The board shall adjust the boundaries of a proposed
51 25 district as needed to exclude land that has no reasonable
51 26 likelihood of benefit from inclusion in the proposed district.
51 27 The boundaries of a proposed district shall not be changed to
51 28 incorporate property not included in the original petition
51 29 and published notice until the owner of the property is given
51 30 notice of inclusion as on the original hearing. All persons
51 31 in the proposed district shall have an opportunity to be heard
51 32 regarding the location and boundaries of the proposed district
51 33 and to make suggestions regarding the location and boundaries.
51 34 The board of supervisors, after hearing the statements,
51 35 evidence and suggestions made and offered at the hearing, shall
52 1 enter an order fixing and determining the limits and boundaries
52 2 of the proposed district and directing that an election be held
52 3 for the purpose of submitting to the registered voters residing
52 4 within the boundaries of the proposed district the question
52 5 of organization and establishment of the proposed sanitary
52 6 district as determined by the board of supervisors. The order
52 7 shall fix a date for the election not more than sixty days
52 8 after the date of the order.
52 9 2. However, a A majority of the landowners, owning in the
52 10 aggregate more than seventy percent of the total land in the
52 11 proposed district, may file a written remonstrance against
52 12 the proposed district at or before the time fixed for the
52 13 hearing on the proposed district with the county auditor.
52 14 If the remonstrance is filed, the board of supervisors
52 15 shall discontinue all further proceedings on the proposed
52 16 district and charge the costs incurred to date relating to the
52 17 establishment of the proposed district.
52 18 Sec. 89. Section 414.28, Code 2018, is amended to read as
52 19 follows:
52 20 414.28 Manufactured home.
52 21 1. As used in this section, "manufactured home" means a
52 22 factory=built structure, which is manufactured or constructed
52 23 under the authority of 42 U.S.C. {5403 and is to be used as a
52 24 place for human habitation, but which is not constructed or
52 25 equipped with a permanent hitch or other device allowing it to
52 26 be moved other than for the purpose of moving to a permanent
52 27 site, and which does not have permanently attached to its body
52 28 or frame any wheels or axles.
52 29 2. A city shall not adopt or enforce zoning regulations or
52 30 other ordinances which disallow the plans and specifications of
52 31 a proposed residential structure solely because the proposed
52 32 structure is a manufactured home. However, a zoning ordinance
52 33 or regulation shall require that a manufactured home be located
52 34 and installed according to the same standards, including but
52 35 not limited to, a permanent foundation system, set=back, and
53 1 minimum square footage which would apply to a site=built,
53 2 single family dwelling on the same lot, and shall require
53 3 that the home is assessed and taxed as a site=built dwelling.
53 4 A zoning ordinance or other regulation shall not require a
53 5 perimeter foundation system for a manufactured home which is
53 6 incompatible with the structural design of the manufactured
53 7 home structure. A city shall not require more than one
53 8 permanent foundation system for a manufactured home. For
53 9 purposes of this section, a permanent foundation may be a
53 10 pier footing foundation system designed and constructed to be
53 11 compatible with the structure and the conditions of the site.
53 12 When units are located outside a manufactured home community
53 13 or mobile home park, requirements may be imposed which ensure
53 14 visual compatibility of the permanent foundation system with
53 15 surrounding residential structures. As used in this section,
53 16 "manufactured home" means a factory=built structure, which is
53 17 manufactured or constructed under the authority of 42 U.S.C.
53 18 {5403 and is to be used as a place for human habitation, but
53 19 which is not constructed or equipped with a permanent hitch
53 20 or other device allowing it to be moved other than for the
53 21 purpose of moving to a permanent site, and which does not have
53 22 permanently attached to its body or frame any wheels or axles.
53 23 This section shall not be construed as abrogating a recorded
53 24 restrictive covenant.
53 25 3. A city shall not adopt or enforce construction,
53 26 building, or design ordinances, regulations, requirements, or
53 27 restrictions which would mandate width standards greater than
53 28 twenty=four feet, roof pitch, or other design standards for
53 29 manufactured housing if the housing otherwise complies with 42
53 30 U.S.C. {5403. However, this paragraph subsection shall not
53 31 prohibit a city from adopting and enforcing zoning regulations
53 32 related to transportation, water, sewerage, or other land
53 33 development.
53 34 4. This section shall not be construed as abrogating a
53 35 recorded restrictive covenant.
54 1 Sec. 90. Section 414.28A, Code 2018, is amended to read as
54 2 follows:
54 3 414.28A Land=leased communities.
54 4 1. "Land=leased community" means any site, lot, field,
54 5 or tract of land under common ownership upon which ten or
54 6 more occupied manufactured homes are harbored, either free of
54 7 charge or for revenue purposes, and shall include any building,
54 8 structure, or enclosure used or intended for use as part of the
54 9 equipment of the land=leased community. The term "land=leased
54 10 community" shall not be construed to include homes, buildings,
54 11 or other structures temporarily maintained by any individual,
54 12 educational institution, or company on their own premises and
54 13 used exclusively to house their own labor or students.
54 14 2. A city shall not adopt or enforce zoning or subdivision
54 15 regulations or other ordinances which disallow or make
54 16 infeasible the plans and specifications of land=leased
54 17 communities because the housing within the land=leased
54 18 community will be manufactured housing.
54 19 3. "Land=leased community" means any site, lot, field,
54 20 or tract of land under common ownership upon which ten or
54 21 more occupied manufactured homes are harbored, either free of
54 22 charge or for revenue purposes, and shall include any building,
54 23 structure, or enclosure used or intended for use as part of the
54 24 equipment of the land=leased community. The term "land=leased
54 25 community" shall not be construed to include homes, buildings,
54 26 or other structures temporarily maintained by any individual,
54 27 educational institution, or company on their own premises and
54 28 used exclusively to house their own labor or students. A
54 29 manufactured home located in a land=leased community shall be
54 30 taxed under section 435.22 as if the manufactured home were
54 31 located in a mobile home park.
54 32 Sec. 91. Section 422.30, Code 2018, is amended to read as
54 33 follows:
54 34 422.30 Jeopardy assessments == posting of bond.
54 35 1. If the director believes that the assessment or
55 1 collection of taxes will be jeopardized by delay, the director
55 2 may immediately make an assessment of the estimated amount of
55 3 tax due, together with all interest, additional amounts, or
55 4 penalties, as provided by law. The director shall serve the
55 5 taxpayer by regular mail at the taxpayer's last known address
55 6 or in person, with a written notice of the amount of tax,
55 7 interest, and penalty due, which notice may include a demand
55 8 for immediate payment. Service of the notice by regular mail
55 9 is complete upon mailing. A distress warrant may be issued or
55 10 a lien filed against the taxpayer immediately.
55 11 2. The director shall be permitted to accept a bond from
55 12 the taxpayer to satisfy collection until the amount of tax
55 13 legally due shall be determined. Such bond to be in an amount
55 14 deemed necessary, but not more than double the amount of the
55 15 tax involved, and with securities satisfactory to the director.
55 16 Sec. 92. Section 425.20, Code 2018, is amended to read as
55 17 follows:
55 18 425.20 Filing dates == affidavit == extension.
55 19 1. A claim for reimbursement for rent constituting property
55 20 taxes paid shall not be paid or allowed, unless the claim is
55 21 filed with and in the possession of the department of revenue
55 22 on or before June 1 of the year following the base year.
55 23 2. A claim for credit for property taxes due shall not
55 24 be paid or allowed unless the claim is filed with the county
55 25 treasurer between January 1 and June 1, both dates inclusive,
55 26 immediately preceding the fiscal year during which the property
55 27 taxes are due. However, in case of sickness, absence, or other
55 28 disability of the claimant, or if in the judgment of the county
55 29 treasurer good cause exists, the county treasurer may extend
55 30 the time for filing a claim for credit through September 30 of
55 31 the same calendar year. The county treasurer shall certify to
55 32 the director of revenue on or before May 1 of each year the
55 33 total amount of dollars due for claims allowed.
55 34 3. In case of sickness, absence, or other disability of the
55 35 claimant or if, in the judgment of the director of revenue,
56 1 good cause exists and the claimant requests an extension,
56 2 the director may extend the time for filing a claim for
56 3 reimbursement or credit. However, any further time granted
56 4 shall not extend beyond December 31 of the year following the
56 5 year in which the claim was required to be filed. Claims filed
56 6 as a result of this paragraph subsection shall be filed with
56 7 the director who shall provide for the reimbursement of the
56 8 claim to the claimant.
56 9 Sec. 93. Section 428A.1, Code 2018, is amended to read as
56 10 follows:
56 11 428A.1 Amount of tax on transfers == declaration of value.
56 12 1. a. There is imposed on each deed, instrument, or writing
56 13 by which any lands, tenements, or other realty in this state
56 14 are granted, assigned, transferred, or otherwise conveyed, a
56 15 tax determined in the following manner:
56 16 (1) When there is no consideration or when the deed,
56 17 instrument, or writing is executed and tendered for recording
56 18 as an instrument corrective of title, and so states, there is
56 19 no tax.
56 20 (2) When there is consideration and the actual market value
56 21 of the real property transferred is in excess of five hundred
56 22 dollars, the tax is eighty cents for each five hundred dollars
56 23 or fractional part of five hundred dollars in excess of five
56 24 hundred dollars.
56 25 b. The term "consideration", as used in this chapter, means
56 26 the full amount of the actual sale price of the real property
56 27 involved, paid or to be paid, including the amount of an
56 28 encumbrance or lien on the property, if assumed by the grantee.
56 29 c. It is presumed that the sale price so stated includes
56 30 the value of all personal property transferred as part of the
56 31 sale unless the dollar value of personal property is stated on
56 32 the instrument of conveyance. When the dollar value of the
56 33 personal property included in the sale is so stated, it shall
56 34 be deducted from the consideration shown on the instrument for
56 35 the purpose of determining the tax.
57 1 2. When each deed, instrument, or writing by which any real
57 2 property in this state is granted, assigned, transferred, or
57 3 otherwise conveyed is presented for recording to the county
57 4 recorder, a declaration of value signed by at least one of the
57 5 sellers or one of the buyers or their agents shall be submitted
57 6 to the county recorder. However, if the deed, instrument, or
57 7 writing contains multiple parcels some of which are located in
57 8 more than one county, separate declarations of value shall be
57 9 submitted on the parcels located in each county and submitted
57 10 to the county recorder of that county when paying the tax as
57 11 provided in section 428A.5. A declaration of value is not
57 12 required for those instruments described in section 428A.2,
57 13 subsections 2 to 5, 7 to 13, and 16 to 21, or described in
57 14 section 428A.2, subsection 6, except in the case of a federal
57 15 agency or instrumentality, or if a transfer is the result of
57 16 acquisition of lands, whether by contract or condemnation, for
57 17 public purposes through an exercise of the power of eminent
57 18 domain.
57 19 3. The declaration of value shall state the full
57 20 consideration paid for the real property transferred. If
57 21 agricultural land, as defined in section 9H.1, is purchased by
57 22 a corporation, limited partnership, trust, alien or nonresident
57 23 alien, the declaration of value shall include the name and
57 24 address of the buyer, the name and address of the seller, a
57 25 legal description of the agricultural land, and identify the
57 26 buyer as a corporation, limited partnership, trust, alien, or
57 27 nonresident alien. The county recorder shall not record the
57 28 declaration of value, but shall enter on the declaration of
57 29 value information the director of revenue requires for the
57 30 production of the sales/assessment ratio study and transmit
57 31 all declarations of value to the city or county assessor in
57 32 whose jurisdiction the property is located. The city or
57 33 county assessor shall enter on the declaration of value the
57 34 information the director of revenue requires for the production
57 35 of the sales/assessment ratio study and transmit one copy of
58 1 each declaration of value to the director of revenue, at times
58 2 as directed by the director of revenue. The assessor shall
58 3 retain one copy of each declaration of value for three years
58 4 from December 31 of the year in which the transfer of realty
58 5 for which the declaration was filed took place. The director
58 6 of revenue shall, upon receipt of the information required to
58 7 be filed under this chapter by the city or county assessor,
58 8 send to the office of the secretary of state that part of the
58 9 declaration of value which identifies a corporation, limited
58 10 partnership, trust, alien, or nonresident alien as a purchaser
58 11 of agricultural land as defined in section 9H.1.
58 12 Sec. 94. Section 441.29, Code 2018, is amended to read as
58 13 follows:
58 14 441.29 Plat book == index system.
58 15 1. The county auditor shall furnish to each assessor a
58 16 plat book on which shall be platted the lands and lots in the
58 17 assessor's assessment district, showing on each subdivision
58 18 or part thereof, written in ink or pencil, the name of the
58 19 owner, the number of acres, or the boundary lines and distances
58 20 in each, and showing as to each tract the number of acres
58 21 to be deducted for railway right=of=way and for roads and
58 22 for rights=of=way for public levees and open public drainage
58 23 improvements.
58 24 2. The auditor, or the auditor's designee, of any county
58 25 shall establish a permanent real estate index number system
58 26 with related tax maps for all real estate tax administration
58 27 purposes, including the assessment, levy, and collection of
58 28 such taxes. Wherever in real property tax administration the
58 29 legal description of tax parcels is required, such permanent
58 30 number system shall be adopted in addition thereto. The
58 31 permanent real estate index numbers shall begin with the
58 32 two=digit county number and be a unique identifying number
58 33 for each parcel within the county. These numbers shall
58 34 follow the property, not the owner, and can be an alphanumeric
58 35 system. In the event of a division of an existing parcel, the
59 1 original permanent parcel index number shall be retired and
59 2 new numbers assigned. The auditor shall prepare and maintain
59 3 permanent real estate index number tax maps, which shall carry
59 4 such numbers. The auditor shall prepare and maintain cross
59 5 indexes of the numbers assigned under this system, with legal
59 6 descriptions of the real estate to which such numbers relate.
59 7 Indexes and tax maps established as provided herein in this
59 8 section shall be open to public inspection.
59 9 Sec. 95. Section 455B.311, subsection 3, Code 2018, is
59 10 amended to read as follows:
59 11 3. Grants shall be awarded only for an amount determined by
59 12 the department to be reasonable and necessary to conduct the
59 13 work as set forth in the grant application. Grants for less
59 14 than a county=wide countywide planning area shall be limited to
59 15 twenty=five percent state funds, for a single=county planning
59 16 area the state funds shall be limited to fifty percent, and for
59 17 a two=county planning area the state funds shall be limited
59 18 to seventy=five percent. For each additional county above a
59 19 two=county planning area, the maximum allowable state funds
59 20 shall be increased by an additional five percent, up to a
59 21 maximum of ninety percent state funds.
59 22 Sec. 96. Section 455B.337, Code 2018, is amended to read as
59 23 follows:
59 24 455B.337 Emergency action.
59 25 1. Whenever the director finds that an emergency exists
59 26 requiring immediate action to protect the public health and
59 27 safety, the director may, without notice or hearing, issue an
59 28 emergency order reciting that an emergency exists and requiring
59 29 that such action be taken as the director deems necessary
59 30 to meet the emergency. The order may be issued orally to
59 31 the person whose operation constitutes the emergency by the
59 32 director and confirmed by a copy of such order to be sent by
59 33 certified mail within twenty=four hours after the issuance
59 34 of the oral order. The emergency order shall be effective
59 35 immediately. Any person receiving an emergency order may
60 1 request a hearing before the commission within thirty days
60 2 following the receipt of the order. The commission shall
60 3 schedule a hearing within fourteen days after receipt of the
60 4 request for a hearing and give written notice to the alleged
60 5 violator by certified mail. The commission may also schedule a
60 6 hearing in the absence of a request by the alleged violator.
60 7 On the basis of the findings, the commission shall issue a
60 8 final order which shall be forwarded to the alleged violator
60 9 by certified mail.
60 10 2. The director may, if an emergency exists, impound
60 11 or order the impounding of any radioactive material in the
60 12 possession of any person who is not equipped to observe, or
60 13 fails to observe, the provisions of this part 2 of division IV
60 14 or any rules adopted under said this part.
60 15 Sec. 97. Section 465C.11, Code 2018, is amended to read as
60 16 follows:
60 17 465C.11 Area held in trust.
60 18 1. An area designated as a preserve within the system is
60 19 hereby declared put to its highest, best, and most important
60 20 use for public benefit. It shall be held in trust and shall
60 21 not be alienated except to another public use upon a finding by
60 22 the board of imperative and unavoidable public necessity and
60 23 with the approval of the commission, the general assembly by
60 24 concurrent resolution, and the governor. The board's interest
60 25 or interests in any area designated as a preserve shall not be
60 26 taken under the condemnation statutes of this state without
60 27 such a finding of imperative and unavoidable public necessity
60 28 by the board, and with the consent of the commission, the
60 29 general assembly by concurrent resolution, and the governor.
60 30 2. The board, with the approval of the governor, may enter
60 31 into amendments to any articles of dedication upon its finding
60 32 that such amendment will not permit an impairment, disturbance,
60 33 or development of the area inconsistent with the purposes of
60 34 this chapter.
60 35 3. Before the board shall make a finding of imperative and
61 1 unavoidable public necessity, or shall enter into any amendment
61 2 to articles of dedication, it the board shall provide notice of
61 3 such proposal and opportunity for any person to be heard. Such
61 4 notice shall be published at least once in a newspaper with a
61 5 general circulation in the county or counties wherein the area
61 6 directly affected is situated, and mailed within ten days of
61 7 such published notice to all persons who have requested notice
61 8 of all such proposed actions. Each notice shall set forth the
61 9 substance of the proposed action and describe, with or without
61 10 legal description, the area affected, and shall set forth a
61 11 place and time not less than sixty days thence for all persons
61 12 desiring to be heard to have reasonable opportunity to be heard
61 13 prior to the finding of the board.
61 14 Sec. 98. Section 468.68, Code 2018, is amended to read as
61 15 follows:
61 16 468.68 Drainage warrants received for assessments.
61 17 Warrants drawn upon the construction or maintenance funds
61 18 of any district for which an assessment has been or must be
61 19 levied, shall be transferable by endorsement, and may be
61 20 acquired by any taxpayer of such district and applied at their
61 21 accrued face value upon the assessment levied to create the
61 22 fund against which the warrant was drawn; when the amount of
61 23 the warrant exceeds the amount of the assessment, the treasurer
61 24 shall cancel the said warrant, and give the holder thereof a
61 25 certificate for the amount of such excess, which certificate
61 26 shall be filed with the auditor, who shall issue a warrant for
61 27 the amount of such excess, and charge the treasurer therewith.
61 28 Such certificate is transferable by endorsement, and will
61 29 entitle the holder to the new warrant, made payable to the
61 30 holder's order, and bearing the original number, preceded by
61 31 the words, following words:
61 32 "Issued Issued as unpaid balance due on warrant number ...."
61 33 number .....
61 34 Sec. 99. Section 476.52, Code 2018, is amended to read as
61 35 follows:
62 1 476.52 Management efficiency.
62 2 1. It is the policy of this state that a public utility
62 3 shall operate in an efficient manner.
62 4 2. If the board determines in the course of a proceeding
62 5 conducted under section 476.3 or 476.6 that a utility is
62 6 operating in an inefficient manner, or is not exercising
62 7 ordinary, prudent management, or in comparison with other
62 8 utilities in the state the board determines that the utility is
62 9 performing in a less beneficial manner than other utilities,
62 10 the board may reduce the level of profit or adjust the revenue
62 11 requirement for the utility to the extent the board believes
62 12 appropriate to provide incentives to the utility to correct its
62 13 inefficient operation.
62 14 3. If the board determines in the course of a proceeding
62 15 conducted under section 476.3 or 476.6 that a utility is
62 16 operating in such an extraordinarily efficient manner that
62 17 tangible financial benefits result to the ratepayer, the
62 18 board may increase the level of profit or adjust the revenue
62 19 requirement for the utility.
62 20 4. In making its determination under this section,
62 21 the board may also consider a public utility's pursuit of
62 22 energy efficiency programs. The board shall adopt rules for
62 23 determining the level of profit or the revenue requirement
62 24 adjustment that would be appropriate. The board shall also
62 25 adopt rules establishing a methodology for an analysis of a
62 26 utility's management efficiency.
62 27 The board shall also adopt rules establishing a methodology
62 28 for an analysis of a utility's management efficiency.
62 29 Sec. 100. Section 476.86, subsection 2, Code 2018, is
62 30 amended to read as follows:
62 31 2. a. "Competitive natural gas provider" means a person who
62 32 takes title to natural gas and sells it for consumption by a
62 33 retail end user in the state of Iowa. "Competitive natural gas
62 34 provider" includes an affiliate of an Iowa gas utility.
62 35 b. "Competitive natural gas provider" does not include the
63 1 following:
63 2 a. (1) A public utility which is subject to rate regulation
63 3 under this chapter.
63 4 b. (2) A municipally owned utility which provides natural
63 5 gas service within its incorporated area or within the
63 6 municipal natural gas competitive service area, as defined in
63 7 section 437A.3, subsection 22, paragraph "a", subparagraph (1),
63 8 in which the municipally owned utility is located.
63 9 Sec. 101. Section 479.4, Code 2018, is amended to read as
63 10 follows:
63 11 479.4 Dangerous construction == inspection.
63 12 1. The board is vested with power and authority and it
63 13 shall be its the board's duty to supervise all pipelines and
63 14 underground storage and pipeline companies and shall from time
63 15 to time inspect and examine the construction, maintenance,
63 16 and the condition of said the pipelines and underground
63 17 storage facilities and whenever said facilities. Whenever
63 18 the board shall determine that any pipeline and underground
63 19 storage facilities or any apparatus, device, or equipment
63 20 used in connection therewith is unsafe and dangerous it, the
63 21 board shall immediately in writing notify said the pipeline
63 22 company, which is constructing or operating said the pipeline
63 23 and underground storage facilities, device, apparatus, or
63 24 other equipment to repair or replace any defective or unsafe
63 25 part or portion of said the pipeline and underground storage
63 26 facilities, device, apparatus, or equipment.
63 27 2. All faulty construction, as determined by the inspector,
63 28 shall be repaired immediately by the contractor operating for
63 29 the pipeline company and the cost of such repairs shall be
63 30 paid by said the contractor. If such repairs are not made by
63 31 the contractor, the board shall proceed to collect under the
63 32 provisions of section 479.26.
63 33 Sec. 102. Section 514A.8, Code 2018, is amended to read as
63 34 follows:
63 35 514A.8 Nonapplication to certain policies.
64 1 Nothing in this chapter shall apply to or affect (1) any of
64 2 the following:
64 3 1. Any policy of workers' compensation insurance or any
64 4 policy of liability insurance with or without supplementary
64 5 expense coverage therein; or (2) any.
64 6 2. Any policy or contract of reinsurance; or (3) any.
64 7 3. Any blanket or group policy of insurance; or (4) life.
64 8 4. Life insurance, endowment or annuity contracts, or
64 9 contracts supplemental thereto which contain only such
64 10 provisions relating to accident and sickness insurance as (a)
64 11 provide additional benefits in case of death or dismemberment
64 12 or loss of sight by accident, or as (b) operate to safeguard
64 13 such contracts against lapse, or to give a special surrender
64 14 value or special benefit or an annuity in the event that the
64 15 insured or annuitant shall become totally and permanently
64 16 disabled, as defined by the contract or supplemental contract.
64 17 Sec. 103. Section 514C.15, subsection 1, Code 2018, is
64 18 amended to read as follows:
64 19 1. Discussing treatment options with a covered individual,
64 20 notwithstanding the carrier's, or plan's position on such
64 21 treatment option.
64 22 Sec. 104. Section 515F.2, subsection 3, Code 2018, is
64 23 amended to read as follows:
64 24 3. "Developed losses" means losses (including, including
64 25 loss adjustment expenses) expenses, adjusted, using standard
64 26 actuarial techniques, to eliminate the effect of differences
64 27 between current payment or reserve estimates and those needed
64 28 to provide actual ultimate loss (including, including loss
64 29 adjustment expense) expense, payments.
64 30 Sec. 105. Section 519A.4, subsection 2, Code 2018, is
64 31 amended to read as follows:
64 32 2. The plan of operation shall provide for economic, fair
64 33 and nondiscriminatory administration, and for the prompt and
64 34 efficient provision of medical malpractice insurance. The plan
64 35 shall contain other provisions, including but not limited to
65 1 preliminary assessment of all members for initial expenses
65 2 necessary to commence operations, establishment of necessary
65 3 facilities, management of the association, assessment of
65 4 members to defray losses and expenses, commission arrangements,
65 5 reasonable and objective underwriting standards, acceptance and
65 6 cession of reinsurance, appointment of servicing carriers or
65 7 other servicing arrangements, and procedures for determining
65 8 amounts of insurance to be provided by the association.
65 9 Sec. 106. Section 543B.8, Code 2018, is amended to read as
65 10 follows:
65 11 543B.8 Real estate commission created == staff.
65 12 1. A real estate commission is created within the
65 13 professional licensing and regulation bureau of the banking
65 14 division of the department of commerce. The commission
65 15 consists of five members licensed under this chapter and two
65 16 members not licensed under this chapter and who shall represent
65 17 the general public. Commission members shall be appointed by
65 18 the governor subject to confirmation by the senate.
65 19 2. No more than one member shall be appointed from a
65 20 county. A commission member shall not hold any other elective
65 21 or appointive state or federal office. At least one of the
65 22 licensed members shall be a licensed real estate salesperson,
65 23 except that if the licensed real estate salesperson becomes
65 24 a licensed real estate broker during a term of office,
65 25 that person may complete the term, but is not eligible for
65 26 reappointment on the commission as a licensed real estate
65 27 salesperson. A licensed member shall be actively engaged
65 28 in the real estate business and shall have been so engaged
65 29 for five years preceding the appointment, the last two of
65 30 which shall have been in Iowa. Professional associations or
65 31 societies of real estate brokers or real estate salespersons
65 32 may recommend the names of potential commission members to
65 33 the governor. However, the governor is not bound by their
65 34 recommendations. A commission member shall not be required to
65 35 be a member of any professional association or society composed
66 1 of real estate brokers or salespersons. Commission members
66 2 shall be appointed by the governor subject to confirmation by
66 3 the senate.
66 4 3. Appointments shall be for three=year terms and shall
66 5 commence and end as provided in section 69.19. A member
66 6 shall serve no more than three terms or nine years, whichever
66 7 is less. No more than one member shall be appointed from a
66 8 county. A commission member shall not hold any other elective
66 9 or appointive state or federal office. Vacancies shall be
66 10 filled for the unexpired term by appointment of the governor
66 11 and are subject to senate confirmation.
66 12 4. A majority of the commission members constitutes a
66 13 quorum.
66 14 5. The administrator of the professional licensing and
66 15 regulation bureau of the banking division shall hire and
66 16 provide staff to assist the commission with implementing this
66 17 chapter. The administrator of the professional licensing and
66 18 regulation bureau of the banking division of the department of
66 19 commerce shall hire a real estate education director to assist
66 20 the commission in administering education programs for the
66 21 commission.
66 22 The administrator of the professional licensing and
66 23 regulation bureau of the banking division of the department of
66 24 commerce shall hire a real estate education director to assist
66 25 the commission in administering education programs for the
66 26 commission.
66 27 Sec. 107. Section 544A.17, subsection 2, Code 2018, is
66 28 amended to read as follows:
66 29 2. Persons acting under the instruction, control, or
66 30 supervision of, and those executing the plans of, a licensed
66 31 architect or a professional engineer licensed under chapter
66 32 542B, provided that such unlicensed persons shall not be
66 33 placed in responsible charge of architectural or professional
66 34 engineering work.
66 35 Sec. 108. Section 554.1201, subsection 1, Code 2018, is
67 1 amended to read as follows:
67 2 1. Unless the context otherwise requires, words or phrases
67 3 defined in this section, or in the additional definitions
67 4 contained in other Articles of this chapter that apply to
67 5 particular Articles or Parts parts thereof, have the meanings
67 6 stated.
67 7 Sec. 109. Section 554.1201, subsection 2, unnumbered
67 8 paragraph 1, Code 2018, is amended to read as follows:
67 9 Subject to definitions contained in other Articles of this
67 10 chapter that apply to particular Articles or Parts parts
67 11 thereof:
67 12 Sec. 110. Section 569.4, Code 2018, is amended to read as
67 13 follows:
67 14 569.4 Costs and expenses.
67 15 1. In all cases in which the state becomes the purchaser of
67 16 real estate under the provisions of this chapter, the costs and
67 17 expenses attending such purchases shall be audited and allowed
67 18 by the director of the department of administrative services,
67 19 and paid out of any money moneys in the state treasury not
67 20 otherwise appropriated, upon the director's warrant, and
67 21 charged to the fund to which the indebtedness belonged upon
67 22 which such real estate was taken.
67 23 2. If the real estate is purchased by a county, the costs
67 24 and expenses shall be audited by the board of supervisors and
67 25 paid out of the county treasury, upon a warrant drawn by the
67 26 auditor on the treasurer, from the fund to which the debt
67 27 belonged upon which said real estate was purchased.
67 28 3. If the real estate is purchased by any other municipal
67 29 corporation, then the costs shall be audited and paid by it
67 30 the municipal corporation in the same manner as other claims
67 31 against it the municipal corporation are audited and paid.
67 32 Sec. 111. Section 642.21, subsection 1, unnumbered
67 33 paragraph 1, Code 2018, is amended to read as follows:
67 34 The disposable earnings of an individual are exempt from
67 35 garnishment to the extent provided by the federal Consumer
68 1 Credit Protection Act, Tit. III, 15 U.S.C. {1671 = 1677
68 2 (1982). The maximum amount of an employee's earnings which
68 3 may be garnished during any one calendar year is two hundred
68 4 fifty dollars for each judgment creditor, except as provided
68 5 in chapter 252D and sections 598.22, 598.23, and 627.12, or
68 6 when those earnings are reasonably expected to be in excess of
68 7 twelve thousand dollars for that calendar year as determined
68 8 from the answers taken by the sheriff or by the court pursuant
68 9 to section 642.5, subsection 1, question number four. When the
68 10 employee's earnings are reasonably expected to be more than
68 11 twelve thousand dollars, the maximum amount of those earnings
68 12 which may be garnished during a calendar year for each creditor
68 13 is as follows:
68 14 Sec. 112. Section 657.9, Code 2018, is amended to read as
68 15 follows:
68 16 657.9 Shooting ranges.
68 17 1. Before a person improves property acquired to establish,
68 18 use, and maintain a shooting range by the erection of
68 19 buildings, breastworks, ramparts, or other works or before a
68 20 person substantially changes the existing use of a shooting
68 21 range, the person shall obtain approval of the county zoning
68 22 commission or the city zoning commission, whichever is
68 23 appropriate. The appropriate commission shall comply with
68 24 section 335.8 or 414.6. In the event a county or city does
68 25 not have a zoning commission, the county board of supervisors
68 26 or the city council shall comply with section 335.6 or 414.5
68 27 before granting the approval.
68 28 2. A person who acquires title to or who owns real property
68 29 adversely affected by the use of property with a permanently
68 30 located and improved range shall not maintain a nuisance action
68 31 against the person who owns the range to restrain, enjoin,
68 32 or impede the use of the range where there has not been a
68 33 substantial change in the nature of the use of the range.
68 34 3. This section does not prohibit actions for negligence or
68 35 recklessness in the operation of the range or by a person using
69 1 the range.
69 2 Sec. 113. Section 674.6, Code 2018, is amended to read as
69 3 follows:
69 4 674.6 Notice == consent.
69 5 1. If the petitioner is married, the petitioner must give
69 6 legal notice to the spouse, in the manner of an original
69 7 notice, of the filing of the petition.
69 8 2. If the petition includes or is filed on behalf of a
69 9 minor child fourteen years of age or older, the child's written
69 10 consent to the change of name of that child is required.
69 11 3. If the petition includes or is filed on behalf of a
69 12 minor child under fourteen, both parents as stated on the birth
69 13 certificate of the minor child shall file their written consent
69 14 to the name change. If one of the parents does not consent
69 15 to the name change, a hearing shall be set on the petition on
69 16 twenty days' notice to the nonconsenting parent pursuant to the
69 17 rules of civil procedure. At the hearing the court may waive
69 18 the requirement of consent as to one of the parents if it finds
69 19 any of the following:
69 20 1. a. That the parent has abandoned the child;.
69 21 2. b. That the parent has been ordered to contribute to the
69 22 support of the child or to financially aid in the child's birth
69 23 and has failed to do so without good cause; or.
69 24 3. c. That the parent does not object to the name change
69 25 after having been given due and proper notice.
69 26 Sec. 114. Section 692.8, Code 2018, is amended to read as
69 27 follows:
69 28 692.8 Intelligence data.
69 29 1. Intelligence data contained in the files of the
69 30 department of public safety or a criminal or juvenile justice
69 31 agency may be placed within a computer data storage system,
69 32 provided that access to the computer data storage system
69 33 is restricted to authorized employees of the department or
69 34 criminal or juvenile justice agency. The department shall
69 35 adopt rules to implement this paragraph subsection.
70 1 2. Intelligence data in the files of the department may
70 2 be disseminated only to a peace officer, criminal or juvenile
70 3 justice agency, or state or federal regulatory agency, and
70 4 only if the department is satisfied that the need to know and
70 5 the intended use are reasonable. However, intelligence data
70 6 may also be disseminated to an agency, organization, or person
70 7 when disseminated for an official purpose, and in order to
70 8 protect a person or property from a threat of imminent serious
70 9 harm. Whenever intelligence data relating to a defendant
70 10 or juvenile who is the subject of a petition under section
70 11 232.35 for the purpose of sentencing or adjudication has been
70 12 provided a court, the court shall inform the defendant or
70 13 juvenile or the defendant's or juvenile's attorney that it the
70 14 court is in possession of such data and shall, upon request
70 15 of the defendant or juvenile or the defendant's or juvenile's
70 16 attorney, permit examination of such data.
70 17 3. If the defendant or juvenile disputes the accuracy
70 18 of the intelligence data, the defendant or juvenile shall
70 19 do so by filing an affidavit stating the substance of the
70 20 disputed data and wherein it is inaccurate. If the court finds
70 21 reasonable doubt as to the accuracy of such information, it the
70 22 court may require a hearing and the examination of witnesses
70 23 relating thereto on or before the time set for sentencing or
70 24 adjudication.
70 25 Sec. 115. Section 708.2B, Code 2018, is amended to read as
70 26 follows:
70 27 708.2B Treatment of domestic abuse offenders.
70 28 1. As used in this section, "district department" means
70 29 a judicial district department of correctional services,
70 30 established pursuant to section 905.2.
70 31 2. A person convicted of, or receiving a deferred judgment
70 32 for, domestic abuse assault as defined in section 708.2A, shall
70 33 report to the district department in order to participate in
70 34 a batterers' treatment program for domestic abuse offenders.
70 35 In addition, a person convicted of, or receiving a deferred
71 1 judgment for, an assault, as defined in section 708.1, which
71 2 is domestic abuse, as defined in section 236.2, subsection 2,
71 3 paragraph "e", may be ordered by the court to participate in a
71 4 batterers' treatment program. Participation in the batterers'
71 5 treatment program shall not require a person to be placed on
71 6 probation, but a person on probation may participate in the
71 7 program.
71 8 3. The district departments may contract for services in
71 9 completing the duties relating to the batterers' treatment
71 10 programs. The district departments shall assess the fees for
71 11 participation in the program, and shall either collect or
71 12 contract for the collection of the fees to recoup the costs of
71 13 treatment, but may waive the fee or collect a lesser amount
71 14 upon a showing of cause. The fees shall be used by each of
71 15 the district departments or contract service providers for the
71 16 establishment, administration, coordination, and provision of
71 17 direct services of the batterers' treatment programs.
71 18 4. District departments or contract service providers shall
71 19 receive upon request peace officers' investigative reports
71 20 regarding persons participating in programs under this section.
71 21 The receipt of reports under this section shall not waive the
71 22 confidentiality of the reports under section 22.7.
71 23 Sec. 116. Section 805.8B, subsection 3, paragraph h, Code
71 24 2018, is amended to read as follows:
71 25 h. For violations of section 481A.48 relating to
71 26 restrictions on game birds and animals, the scheduled fines are
71 27 as follows:
71 28 (1) Out=of=season For out=of=season, the scheduled fine is
71 29 one hundred dollars.
71 30 (2) Over For over limit, the scheduled fine is one hundred
71 31 dollars.
71 32 (3) Attempt For attempt to take, the scheduled fine is fifty
71 33 dollars.
71 34 (4) General For general waterfowl restrictions, the
71 35 scheduled fine is fifty dollars.
72 1 (a) No For no federal stamp, the scheduled fine is fifty
72 2 dollars.
72 3 (b) Unplugged For unplugged shotgun, the scheduled fine is
72 4 ten dollars.
72 5 (c) Possession For possession of other than steel shot, the
72 6 scheduled fine is twenty=five dollars.
72 7 (d) Early For early or late shooting, the scheduled fine is
72 8 twenty=five dollars.
72 9 (5) Possession For possession of a prohibited pistol or
72 10 revolver while hunting deer, the scheduled fine is one hundred
72 11 dollars.
72 12 (6) Possession For possession of a prohibited rifle while
72 13 hunting deer, the scheduled fine is two hundred fifty dollars.
72 14 Sec. 117. Section 904.319, Code 2018, is amended to read as
72 15 follows:
72 16 904.319 Temporary quarters in emergency.
72 17 If the buildings at any institution under the management of
72 18 the director are destroyed or rendered unfit for habitation
72 19 by reason of fire, storms, or other like causes, to such an
72 20 extent that the inmates cannot be confined and cared for at the
72 21 institution, the director shall make temporary provision for
72 22 the confinement and care of the inmates at some other place in
72 23 the state. Like provision may be made in case of an epidemic
72 24 among the inmates. The reasonable cost of the change including
72 25 the cost of transfer of inmates, shall be paid from any money
72 26 moneys in the state treasury not otherwise appropriated.
72 27 Sec. 118. Section 906.1, Code 2018, is amended to read as
72 28 follows:
72 29 906.1 Definition Definitions of parole and work release ==
72 30 temporary assignment to director.
72 31 1. a. Parole "Parole" is the release of a person who
72 32 has been committed to the custody of the director of the
72 33 Iowa department of corrections by reason of the person's
72 34 commission of a public offense, which release occurs prior to
72 35 the expiration of the person's term, is subject to supervision
73 1 by the district department of correctional services, and is on
73 2 conditions imposed by the district department.
73 3 b. Work release "Work release" is the release of a person,
73 4 who has been committed to the custody of the director of the
73 5 Iowa department of corrections, pursuant to sections 904.901
73 6 through 904.909.
73 7 2. A person who has been released on parole or work release
73 8 may be temporarily assigned to the supervision of the director
73 9 of the department of corrections as a result of placement in a
73 10 violator facility established pursuant to section 904.207.
73 11 DIVISION II
73 12 CORRESPONDING CHANGES
73 13 Sec. 119. Section 22.7, subsection 10, Code 2018, is amended
73 14 to read as follows:
73 15 10. A claim for compensation and reimbursement for legal
73 16 assistance and supporting documents submitted to the state
73 17 public defender for payment from the indigent defense fund
73 18 established in section 815.11, as provided in section 13B.4B
73 19 13B.4A.
73 20 Sec. 120. Section 232.68, unnumbered paragraph 1, Code
73 21 2018, is amended to read as follows:
73 22 The definitions in section 235A.13 are applicable to this
73 23 part 2 of division III. As used in sections 232.67 through
73 24 232.77 and 235A.12 through 235A.24 chapter 235A, subchapter II,
73 25 unless the context otherwise requires:
73 26 Sec. 121. Section 232.151, Code 2018, is amended to read as
73 27 follows:
73 28 232.151 Criminal penalties.
73 29 Any person who knowingly discloses, receives, or makes
73 30 use or permits the use of information derived directly or
73 31 indirectly from the records concerning a child referred to in
73 32 sections 232.147 through 232.150, except as provided by those
73 33 sections or section 13B.4B 13B.4A, subsection 2, paragraph "c",
73 34 shall be guilty of a serious misdemeanor.
73 35 Sec. 122. Section 235A.13, unnumbered paragraph 1, Code
74 1 2018, is amended to read as follows:
74 2 As used in chapter 232, division III, part 2, and sections
74 3 235A.13 to 235A.24 this subchapter, unless the context
74 4 otherwise requires:
74 5 Sec. 123. Section 331.486, Code 2018, is amended to read as
74 6 follows:
74 7 331.486 Assessment of costs of public improvements.
74 8 A county may assess to property within a county special
74 9 assessment district the cost of construction and repair of
74 10 public improvements benefiting the district and may assess to
74 11 property within a joint special assessment district the cost of
74 12 construction and repair of public improvements benefiting the
74 13 district. A county may construct and assess the cost of public
74 14 improvements within a district in the same manner as a city may
74 15 proceed under chapter 384, division subchapter IV, and chapter
74 16 384, division subchapter IV, applies to counties with respect
74 17 to public improvements, the assessment of their costs, and the
74 18 issuance of bonds for the public improvements. A county may
74 19 contract for a public improvement benefiting a district under
74 20 this part pursuant to chapter 331, division subchapter III,
74 21 part 3, of this chapter.
74 22 Sec. 124. Section 355.16, Code 2018, is amended to read as
74 23 follows:
74 24 355.16 Iowa plane coordinate system defined.
74 25 As used in this section, and sections 355.17 through 355.19
74 26 subchapter, unless the context otherwise requires, "Iowa plane
74 27 coordinate system" or "coordinate system" means the system of
74 28 plane coordinates established by the United States national
74 29 ocean survey, or the United States national geodetic survey,
74 30 or a successor agency, for defining and stating the geographic
74 31 positions or locations of points on the surface of the earth
74 32 within the state of Iowa.
74 33 Sec. 125. Section 452A.76, Code 2018, is amended to read as
74 34 follows:
74 35 452A.76 Enforcement authority.
75 1 1. Authority to enforce division subchapter III is given
75 2 to the state department of transportation. Employees of the
75 3 state department of transportation designated enforcement
75 4 employees have the power of peace officers in the performance
75 5 of their duties; however, they shall not be considered members
75 6 of the state patrol. The state department of transportation
75 7 shall furnish enforcement employees with necessary equipment
75 8 and supplies in the same manner as provided in section 80.18,
75 9 including uniforms which are distinguishable in color and
75 10 design from those of the state patrol. Enforcement employees
75 11 shall be furnished and shall conspicuously display badges of
75 12 authority.
75 13 2. Authority is given to the department of revenue, the
75 14 state department of transportation, the department of public
75 15 safety, and any peace officer as requested by such departments
75 16 to enforce the provisions of division subchapter I and this
75 17 division subchapter of this chapter. The department of
75 18 revenue shall adopt rules providing for enforcement under
75 19 division subchapter I and this division subchapter of this
75 20 chapter regarding the use of motor fuel or special fuel in
75 21 implements of husbandry. Enforcement personnel or requested
75 22 peace officers are authorized to stop a conveyance suspected
75 23 to be illegally transporting motor fuel or special fuel on
75 24 the highways, to investigate the cargo, and also have the
75 25 authority to inspect or test the fuel in the supply tank of a
75 26 conveyance to determine if legal fuel is being used to power
75 27 the conveyance. The operator of any vehicle transporting
75 28 motor fuel or special fuel shall, upon request, produce and
75 29 offer for inspection the manifest or loading and delivery
75 30 invoices pertaining to the load and trip in question and shall
75 31 permit the authority to inspect and measure the contents of
75 32 the vehicle. If the vehicle operator fails to produce the
75 33 evidence or if, when produced, the evidence fails to contain
75 34 the required information and it appears that there is an
75 35 attempt to evade payment of the fuel tax, the vehicle operator
76 1 will be subject to the penalty provisions contained in section
76 2 452A.74A.
76 3 3. For purposes of this section, "vehicle" means as defined
76 4 in section 321.1.
76 5 Sec. 126. Section 453A.13, subsection 2, paragraph a, Code
76 6 2018, is amended to read as follows:
76 7 a. The department shall issue state permits to distributors,
76 8 wholesalers, and cigarette vendors, and retailers that make
76 9 delivery sales of alternative nicotine products and vapor
76 10 products, subject to the conditions provided in this division
76 11 subchapter. If an out=of=state retailer makes delivery
76 12 sales of alternative nicotine products or vapor products, an
76 13 application shall be filed with the department and a permit
76 14 shall be issued for the out=of=state retailer's principal place
76 15 of business. Cities may issue retail permits to retailers
76 16 with a place of business located within their respective
76 17 limits. County boards of supervisors may issue retail permits
76 18 to retailers with a place of business in their respective
76 19 counties, outside of the corporate limits of cities.
76 20 DIVISION III
76 21 CODE EDITOR DIRECTIVES
76 22 Sec. 127. CODE EDITOR DIRECTIVES.
76 23 1. Section 508E.8, subsection 1, paragraph "f", Code 2018,
76 24 is amended by striking the word "recision" and inserting in
76 25 lieu thereof the word "rescission".
76 26 2. Sections 100B.21 and 135.11, Code 2018, are amended by
76 27 striking the word "firefighters" and inserting in lieu thereof
76 28 the words "fire fighters".
76 29 3. Sections 92.5, subsection 7; 160.5, subsection 2; and
76 30 298.3, subsection 1, paragraph "m", Code 2018, are amended by
76 31 striking the word "clean=up" and inserting in lieu thereof the
76 32 word "cleanup".
76 33 4. Sections 537.2202, 537.2308, and 537.2508, Code 2018,
76 34 are amended by striking the words "open end" and inserting in
76 35 lieu thereof the word "open=end".
77 1 5. Sections 537.1201, subsections 1 and 2; 537.2201,
77 2 subsection 1; 537.2504, unnumbered paragraph 1; 537.2506,
77 3 subsection 2; 537.2601, subsection 2; 537.3203, unnumbered
77 4 paragraph 1; 537.3206, subsection 3; 537.3212, subsections 1
77 5 and 3; 537.3303, subsections 1 and 2; 537.3308, subsection 2,
77 6 paragraph "b"; 537.3403, subsection 5; 537.3404, subsection 3,
77 7 paragraphs "a" and "b"; and 537.3405, subsection 3, paragraphs
77 8 "a" and "b", Code 2018, are amended by striking the words "open
77 9 end" and inserting in lieu thereof the word "open=end".
77 10 6. Sections 28M.3, 145A.20, 331.486, 331.487, 347A.3,
77 11 364.13, 384.11, 384.23, 384.31, 384.34, 384.35, 384.44, 384.67,
77 12 384.76, 384.79, 384.88, 384.90, 384.93, 392.1, 392.3, 425.16,
77 13 425.18, 425.19, 425.21, 425.22, 425.24, 425.27, 425.29, 425.30,
77 14 425.31, 425.32, 425.35, 425.36, 425.37, 425.39, 452A.1, 452A.9,
77 15 452A.50, 452A.51, 452A.55, 452A.76, 453A.9, 453A.11, 453A.12,
77 16 453A.18, 453A.28, 453A.37, 453A.47, 453A.49, 453A.50, 468.240,
77 17 468.586, 468.587, 633.246A, 633.352, 633.402, 633.700, 633.722,
77 18 and 633.751, Code 2018, are amended by striking the word
77 19 "division" and inserting in lieu thereof the word "subchapter".
77 20 7. Sections 97B.1A, subsection 8, paragraph "b",
77 21 subparagraph (2); 231E.4, subsection 6, paragraph "e"; 231E.5,
77 22 subsection 2, paragraph "h", subparagraphs (1) and (3); 231E.8,
77 23 subsection 4; 249A.3, subsection 11, paragraph "d"; 331.231,
77 24 subsection 1; 331.233, subsection 1, unnumbered paragraph
77 25 1; 331.238, subsection 2, paragraph "a", subparagraph (2);
77 26 331.382, subsection 8, paragraph "b"; 331.384, subsection
77 27 3; 331.424A, subsection 1, unnumbered paragraph 1; 331.447,
77 28 subsection 1, paragraph "a"; 331.552, subsection 21; 350.6,
77 29 subsection 4; 357A.11, subsection 9; 358.16, subsection
77 30 3; 384.13, subsection 1; 384.24, unnumbered paragraph 1;
77 31 384.25, subsection 1; 384.26, subsection 1; 384.37, unnumbered
77 32 paragraph 1; 384.37, subsection 10; 384.49, subsection 3,
77 33 paragraph "a"; 384.58, subsection 1, unnumbered paragraph 1;
77 34 384.66, subsection 4; 384.68, subsection 2; 384.68, subsection
77 35 6, paragraph "a"; 384.74, unnumbered paragraph 2; 384.75,
78 1 unnumbered paragraph 2; 384.80, unnumbered paragraph 1; 384.83,
78 2 subsection 5; 384.84, subsection 1; 386.7, subsection 6;
78 3 386.12 subsection 3; 403.12, subsection 5; 420.41, subsection
78 4 3; 423A.7, subsection 4, paragraph "d", subparagraph (1);
78 5 425.17, unnumbered paragraph 1; 425.17, subsection 2, paragraph
78 6 "a", subparagraphs (1) and (2); 425.17, subsections 4,
78 7 7, 8, 9, and 10; 425.23, unnumbered paragraph 1; 425.33,
78 8 subsection 1; 425.33, subsection 2, unnumbered paragraph 1;
78 9 425.40, subsection 2; 452A.2, unnumbered paragraph 1; 452A.2,
78 10 subsection 27; 452A.3, subsection 1, unnumbered paragraph
78 11 1; 452A.3, subsection 2; 452A.3, subsection 6, paragraph
78 12 "a", subparagraph (1); 452A.3, subsection 6, paragraph "a",
78 13 subparagraph (2), unnumbered paragraph 1; 452A.3, subsection
78 14 10, paragraph "b"; 452A.3, subsection 11; 452A.4, subsection
78 15 3, paragraph "a"; 452A.6, subsection 1, paragraph "a"; 452A.8,
78 16 subsection 1, paragraph "c"; 452A.15, subsection 1, paragraph
78 17 c; 452A.15, subsection 4; 452A.17, subsection 1, unnumbered
78 18 paragraph 1; 452A.21, subsection 1; 452A.31, unnumbered
78 19 paragraph 1; 452A.52, subsection 1; 452A.54, subsections 1,
78 20 3, and 4; 452A.57, subsections 1 and 5; 452A.58, subsections
78 21 1 and 3; 452A.65, subsection 2; 453A.6, subsection 6; 453A.8,
78 22 subsection 4; 453A.13, subsection 2, paragraph "a"; 453A.13,
78 23 subsection 3, paragraph "a"; 453A.13, subsection 10; 453A.14,
78 24 subsection 1, unnumbered paragraph 1; 453A.14, subsection 2;
78 25 453A.15, subsections 1 and 7; 453A.17, subsection 2; 453A.22,
78 26 subsections 1 and 8; 453A.23, subsections 1 and 2; 453A.24,
78 27 subsection 2; 453A.31, subsection 1, unnumbered paragraph
78 28 1; 453A.32, subsections 1 and 6; 453A.36, subsections 1 and
78 29 6; 453A.42, unnumbered paragraph 1; 453A.42, subsection 12;
78 30 453A.43, subsection 1, paragraph "d"; 453A.43, subsection 5;
78 31 453A.44, subsections 2, 3, 4, 5, 7, 10, 11, and 12; 453A.45,
78 32 subsection 1, paragraph "b"; 453A.46, subsection 5; 453A.47A,
78 33 subsection 4; 453A.47A, subsection 7, paragraph "a", unnumbered
78 34 paragraph 1; 453A.47A, subsection 11; 453A.48, subsections 1
78 35 and 2; 633.3, unnumbered paragraph 1; 633.701, subsection 1;
79 1 633.703, subsection 1; 633.713, subsection 4; and 633.720,
79 2 subsection 2, Code 2018, are amended by striking the word
79 3 "division" and inserting in lieu thereof the word "subchapter".
79 4 8. The Code editor may change chapter division designations
79 5 to subchapter designations and correct internal references as
79 6 necessary in and to the following chapters:
79 7 a. 331.
79 8 b. 384.
79 9 c. 425.
79 10 d. 452A.
79 11 e. 453A.
79 12 f. 633.
79 13 9. The Code editor may designate unnumbered chapter
79 14 headings as numbered subchapters and correct internal
79 15 references as necessary within and to the following chapters:
79 16 a. 137C.
79 17 b. 235A.
79 18 c. 235B.
79 19 d. 309.
79 20 e. 313.
79 21 f. 321A.
79 22 g. 327D.
79 23 h. 355.
79 24 i. 481A.
79 25 j. 515.
79 26 k. 614.
79 27 l. 622.
79 28 m. 636.
79 29 n. 654.
79 30 10. The Code editor may add or delete subchapters in the
79 31 following chapters:
79 32 a. 235B: After section 235B.15, add a new subchapter
79 33 entitled "Miscellaneous Provisions".
79 34 b. 515: After section 515.119, delete header entitled
79 35 "Surplus Lines Insurance".
80 1 11. The Code editor is directed to make the following
80 2 transfer:
80 3 a. Section 13B.4B to section 13B.4A.
80 4 b. The Code editor shall correct internal references in the
80 5 Code and in any enacted legislation as necessary due to the
80 6 transfer of this section.
80 7 12. The Code editor may number unnumbered paragraphs
80 8 within sections 28M.3, 43.42, 49.58, 85.32, 85.37, 135.11A,
80 9 135.69, 135.71, 161E.6, 215A.9, 249A.20, 252.22, 257.27,
80 10 257.33, 257.36, 257.48, 306.8, 313.36, 321I.23, 321J.2A,
80 11 321J.11, 327D.67, 327G.17, 347A.3, 384.74, 384.75, 421B.11,
80 12 422.30, 427B.4, 427B.21, 435.25, 441.42, 441.46, 445.16,
80 13 445.56, 446.31, 452A.55, 452A.56, 452A.61, 452A.63, 452A.67,
80 14 452A.75, 452A.77, 453A.12, 453A.28, 453B.2, 453B.3, 453B.9,
80 15 453B.11, 455B.117, 455B.276, 455B.277, 455B.281, 455B.303,
80 16 455B.362, 455E.6, 462A.20, 465C.9, 465C.13, 468.159, 478.6,
80 17 479.24, 479.41, 479.42, 479B.6, 479B.11, 479B.16, 479B.25,
80 18 479B.26, 481A.36, 483A.21, 491.13, 491.28, 491.55, 491.107,
80 19 496C.9, 496C.11, 496C.22, 499.42, 499.54, 499.65, 499A.3A,
80 20 499A.3C, 499A.19, 506.10, 507B.8, 507B.12, 508.4, 508.32,
80 21 508.32A, 508B.2, 508B.5, 508B.9, 508B.14, 514A.13, 514B.13,
80 22 514B.24, 514B.26, 514B.30, 515.71, 515B.4, 515G.5, 522B.16,
80 23 524.222, 524.535, 524.608, 524.610, 524.611, 524.703, 524.1004,
80 24 524.1006, 533D.13, 535.16, 536A.11, 542.17, 542B.20, 543B.45,
80 25 548.106, 554.10101, 554.10105, 594A.6, 594A.8, 595.4, 600.1,
80 26 600.14, 600.18, 600A.1, 600A.3, 690.5, 692.14, 692.22, 708.6,
80 27 708A.3, 709.2, 709.14, 710.2, 710.3, 710.4, 710.6, 714.12,
80 28 714.13, 718A.6, 729A.5, 804.10, 804.23, 808.6, 820.5, 820.12,
80 29 820.25, 822.6, 904.311, 904.514, 906.14, 906.15, 907.2, 908.10,
80 30 908.10A, 909.6, 909.7, and 910.9, Code 2018, in accordance with
80 31 established section hierarchy and correct internal references
80 32 in the Code and in any enacted Iowa Acts, as necessary.
80 33 13. The Code editor may number unnumbered paragraphs within
80 34 section 96.7, subsection 2, paragraphs "e" and "f", Code 2018,
80 35 in accordance with established section hierarchy and correct
81 1 internal references in the Code and in any enacted Iowa Acts,
81 2 as necessary.
HF 2348 (3) 87
lh/rj/md