House
File
417
-
Reprinted
HOUSE
FILE
417
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
HSB
161)
(As
Amended
and
Passed
by
the
House
March
11,
2013
)
A
BILL
FOR
An
Act
relating
to
nonsubstantive
Code
corrections.
1
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
2
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417
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417
DIVISION
I
1
MISCELLANEOUS
CHANGES
2
Section
1.
Section
8.6,
subsection
8,
Code
2013,
is
amended
3
to
read
as
follows:
4
8.
Rules.
To
make
such
rules,
subject
to
the
approval
of
5
the
governor,
as
may
be
necessary
for
effectively
carrying
on
6
the
work
of
the
department
of
management.
The
director
may,
7
with
the
approval
of
the
executive
council,
require
any
state
8
official,
agency,
department
,
or
commission,
to
require
any
9
applicant,
registrant,
filer,
permit
holder
,
or
license
holder,
10
whether
individual,
partnership,
trust
,
or
corporation,
to
11
submit
to
said
official,
agency,
department
,
or
commission,
the
12
social
security
number
or
the
tax
number
or
both
so
assigned
to
13
said
individual,
partnership,
trust
,
or
corporation.
14
Sec.
2.
Section
8.32,
Code
2013,
is
amended
to
read
as
15
follows:
16
8.32
Conditional
availability
of
appropriations.
17
1.
All
appropriations
made
to
any
department
or
18
establishment
of
the
government
as
receive
or
collect
moneys
19
available
for
expenditure
by
them
under
present
laws,
are
20
declared
to
be
in
addition
to
such
repayment
receipts,
21
and
such
appropriations
are
to
be
available
as
and
to
the
22
extent
that
such
receipts
are
insufficient
to
meet
the
costs
23
of
administration,
operation,
and
maintenance,
or
public
24
improvements
of
such
departments:
25
a.
Provided,
that
such
receipts
or
collections
shall
be
26
deposited
in
the
state
treasury
as
part
of
the
general
fund
or
27
special
funds
in
all
cases,
except
those
collections
made
by
28
the
state
fair
board,
the
institutions
under
the
state
board
of
29
regents
,
and
the
natural
resource
commission.
30
b.
Provided
further,
that
no
repayment
receipts
shall
31
be
available
for
expenditures
until
allotted
as
provided
in
32
section
8.31
;
and
33
c.
Provided
further,
that
the
collection
of
repayment
34
receipts
by
the
state
fair
board
and
the
institutions
under
35
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the
state
board
of
regents
shall
be
deposited
in
a
bank
or
1
banks
duly
designated
and
qualified
as
state
depositories,
in
2
the
name
of
the
state
of
Iowa,
for
the
use
of
such
boards
and
3
institutions,
and
such
funds
shall
be
available
only
on
the
4
check
of
such
boards
or
institutions
depositing
them,
which
5
are
hereby
authorized
to
withdraw
such
funds,
but
only
after
6
allotment
by
the
governor
as
provided
in
section
8.31
;
and
7
d.
Provided
further,
that
this
chapter
shall
not
apply
to
8
endowment
or
private
trust
funds
or
to
gifts
to
institutions
9
owned
or
controlled
by
the
state
or
to
the
income
from
such
10
endowment
or
private
trust
funds,
or
to
private
funds
belonging
11
to
students
or
inmates
of
state
institutions.
12
2.
The
provisions
of
this
chapter
shall
not
be
construed
13
to
prohibit
the
state
fair
board
from
creating
an
emergency
14
or
sinking
fund
out
of
the
receipts
of
the
state
fair
and
15
state
appropriation
for
the
purpose
of
taking
care
of
any
16
emergency
that
might
arise
beyond
the
control
of
the
board
17
of
not
to
exceed
three
hundred
thousand
dollars.
Neither
18
shall
this
chapter
be
construed
to
prohibit
the
state
fair
19
board
from
retaining
an
additional
sum
of
not
to
exceed
three
20
hundred
fifty
thousand
dollars
to
be
used
in
carrying
out
the
21
provisions
of
chapter
173
.
22
Sec.
3.
Section
8D.5,
subsection
1,
Code
2013,
is
amended
23
to
read
as
follows:
24
1.
a.
An
education
telecommunications
council
is
25
established.
The
council
consists
of
eighteen
members
and
26
shall
include
the
following:
two
27
(1)
Two
persons
appointed
by
the
state
board
of
regents
;
28
two
.
29
(2)
Two
persons
appointed
by
the
Iowa
association
of
30
community
college
trustees
;
two
.
31
(3)
Two
persons
appointed
by
the
area
education
agency
32
boards
;
two
.
33
(4)
Two
persons
appointed
by
the
Iowa
association
of
school
34
boards
;
two
.
35
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417
(5)
Two
persons
appointed
by
the
school
administrators
of
1
Iowa
;
two
.
2
(6)
Two
persons
appointed
by
the
Iowa
association
of
3
independent
colleges
and
universities
;
two
.
4
(7)
Two
persons
appointed
by
the
Iowa
state
education
5
association
;
three
.
6
(8)
Three
persons
appointed
by
the
director
of
the
7
department
of
education
including
one
person
representing
8
libraries
and
one
person
representing
the
Iowa
association
of
9
nonpublic
school
administrators
;
and
one
.
10
(9)
One
person
appointed
by
the
administrator
of
the
public
11
broadcasting
division
of
the
department
of
education.
12
b.
The
council
shall
establish
scheduling
and
site
usage
13
policies
for
educational
users
of
the
network,
coordinate
the
14
activities
of
the
regional
telecommunications
councils,
and
15
develop
proposed
rules
and
changes
to
rules
for
recommendation
16
to
the
commission.
The
council
shall
also
recommend
long-range
17
plans
for
enhancements
needed
for
educational
applications.
18
c.
Administrative
support
and
staffing
for
the
council
shall
19
be
provided
by
the
department
of
education.
20
Sec.
4.
Section
15.107,
subsection
5,
paragraph
a,
Code
21
2013,
is
amended
to
read
as
follows:
22
a.
That
the
corporation
review
reviews
and,
at
the
board’s
23
direction,
implement
implements
the
applicable
portions
of
the
24
strategic
plan
developed
by
members
of
the
authority
pursuant
25
to
section
15.105
.
26
Sec.
5.
Section
16.6,
subsection
2,
Code
2013,
is
amended
27
to
read
as
follows:
28
2.
The
executive
director
shall
advise
the
authority
on
29
matters
relating
to
housing
and
housing
finance,
carry
out
30
all
directives
from
the
authority,
and
hire
and
supervise
the
31
authority’s
staff
pursuant
to
its
directions.
All
employees
32
of
the
authority
are
exempt
from
the
merit
system
provisions
33
of
chapter
8A,
subchapter
IV
.
34
Sec.
6.
Section
16.27,
subsection
4,
Code
2013,
is
amended
35
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417
to
read
as
follows:
1
4.
The
authority
shall
cause
to
be
delivered
to
the
2
legislative
fiscal
committee
within
ninety
days
of
the
close
of
3
its
fiscal
year
its
annual
report
certified
by
an
independent
4
certified
public
accountant
,
(
who
may
be
the
accountant
or
5
a
member
of
the
firm
of
accountants
who
regularly
audits
6
the
books
and
accounts
of
the
authority
)
,
selected
by
the
7
authority.
8
Sec.
7.
Section
24.2,
subsection
3,
Code
2013,
is
amended
9
to
read
as
follows:
10
3.
The
words
“fiscal
year”
shall
mean
the
period
of
twelve
11
months
beginning
on
July
1
and
ending
on
the
thirtieth
day
of
12
June.
The
fiscal
year
of
cities,
counties,
and
other
political
13
subdivisions
of
the
state
shall
begin
July
1
and
end
the
14
following
June
30.
15
The
fiscal
year
of
cities,
counties,
and
other
political
16
subdivisions
of
the
state
shall
begin
July
1
and
end
the
17
following
June
30.
18
Sec.
8.
Section
28A.24,
Code
2013,
is
amended
to
read
as
19
follows:
20
28A.24
Exemption
from
taxation.
21
Since
an
authority
is
performing
essential
governmental
22
functions,
an
authority
is
not
required
to
pay
any
taxes
or
23
assessments
of
any
kind
or
nature
upon
any
property
required
24
or
used
by
it
for
its
purposes,
or
any
rates,
fees,
rentals,
25
receipts,
or
incomes
at
any
time
received
by
it,
and
the
26
bonds
issued
by
an
authority,
their
transfer,
and
the
income,
27
including
any
profits
made
on
the
sale
of
the
bonds,
is
28
deductible
in
determining
net
income
for
the
purposes
of
the
29
state
individual
and
corporate
income
tax
under
chapter
422,
30
divisions
II
and
III
of
chapter
422
,
and
shall
not
be
taxed
by
31
any
political
subdivision
of
this
state.
32
Sec.
9.
Section
28E.2,
Code
2013,
is
amended
to
read
as
33
follows:
34
28E.2
Definitions.
35
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For
the
purposes
of
this
chapter
,
the
term
“public
agency”
:
1
1.
“
Private
agency”
shall
mean
an
individual
and
any
form
of
2
business
organization
authorized
under
the
laws
of
this
or
any
3
other
state.
4
2.
“Public
agency”
shall
mean
any
political
subdivision
of
5
this
state;
any
agency
of
the
state
government
or
of
the
United
6
States;
and
any
political
subdivision
of
another
state.
The
7
term
“state”
8
3.
“State”
shall
mean
a
state
of
the
United
States
and
the
9
District
of
Columbia.
The
term
“private
agency”
shall
mean
an
10
individual
and
any
form
of
business
organization
authorized
11
under
the
laws
of
this
or
any
other
state.
12
Sec.
10.
Section
29A.15,
Code
2013,
is
amended
to
read
as
13
follows:
14
29A.15
State
awards
and
decorations.
15
The
adjutant
general,
from
the
funds
appropriated
for
the
16
support
and
maintenance
of
the
national
guard,
shall
procure
17
and
issue
to
the
members
of
the
national
guard
merit
or
18
service
badges
or
other
appropriate
awards
for
service
under
19
regulations
and
according
to
the
design
and
pattern
determined
20
by
the
adjutant
general.
Members
of
the
national
guard
who,
21
by
order
of
the
president,
serve
in
federal
forces
during
a
22
national
emergency,
may
count
the
period
of
that
federal
active
23
duty
toward
the
procurement
of
a
service
badge.
24
Sec.
11.
Section
29C.17,
subsection
2,
unnumbered
paragraph
25
1,
Code
2013,
is
amended
to
read
as
follows:
26
For
the
purposes
consistent
with
this
chapter
,
the
local
27
emergency
management
agency’s
approved
budget
shall
be
28
funded
by
one
or
any
combination
of
the
following
options,
as
29
determined
by
the
commission:
30
Sec.
12.
Section
34A.6,
subsection
1,
Code
2013,
is
amended
31
to
read
as
follows:
32
1.
Before
a
joint
E911
service
board
may
request
imposition
33
of
the
wire-line
E911
service
surcharge
by
the
program
manager,
34
the
board
shall
submit
the
following
question
to
voters,
as
35
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417
provided
in
subsection
2
,
in
the
proposed
E911
service
area,
1
and
the
question
shall
receive
a
favorable
vote
from
a
simple
2
majority
of
persons
submitting
valid
ballots
on
the
following
3
question
within
the
proposed
E911
service
area:
4
Shall
the
following
public
measure
be
adopted?
5
YES
....
6
NO
....
7
Enhanced
911
emergency
telephone
service
shall
be
funded,
8
in
whole
or
in
part,
by
a
monthly
surcharge
of
(an
amount
9
determined
by
the
local
joint
E911
service
board
of
up
to
one
10
dollar)
on
each
telephone
access
line
collected
as
part
of
each
11
telephone
subscriber’s
monthly
phone
bill
if
provided
within
12
(description
of
the
proposed
E911
service
area).
13
Sec.
13.
Section
34A.7A,
subsection
2,
paragraph
b,
Code
14
2013,
is
amended
to
read
as
follows:
15
b.
The
program
manager
shall
reimburse
communication
16
communications
service
providers
on
a
calendar
quarter
basis
17
for
carriers’
eligible
expenses
for
transport
costs
between
the
18
selective
router
and
the
public
safety
answering
points
related
19
to
the
delivery
of
wireless
E911
phase
1
services.
20
Sec.
14.
Section
49.80,
subsection
2,
Code
2013,
is
amended
21
to
read
as
follows:
22
2.
a.
In
case
of
any
challenges
of
an
elector
at
the
23
time
the
person
is
offering
to
vote
in
a
precinct,
a
precinct
24
election
official
may
place
such
person
under
oath
and
question
25
the
person
as
,
(a)
where
to
the
following:
26
(1)
Where
the
person
maintains
the
person’s
home
;
(b)
how
.
27
(2)
How
long
the
person
has
maintained
the
person’s
home
at
28
such
place
;
(c)
if
.
29
(3)
If
the
person
maintains
a
home
at
any
other
location
;
30
(d)
the
.
31
(4)
The
person’s
age.
32
b.
The
precinct
election
official
may
permit
the
challenger
33
to
participate
in
such
questions.
The
challenged
elector
shall
34
be
allowed
to
present
to
the
official
such
evidence
and
facts
35
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417
as
the
elector
feels
sustains
the
fact
that
the
person
is
1
qualified
to
vote.
Upon
completion
thereof,
if
the
challenge
2
is
withdrawn,
the
elector
may
cast
the
vote
in
the
usual
3
manner.
If
the
challenge
is
not
withdrawn,
section
49.81
shall
4
apply.
5
Sec.
15.
Section
50.20,
Code
2013,
is
amended
to
read
as
6
follows:
7
50.20
Notice
of
number
of
provisional
ballots.
8
The
commissioner
shall
compile
a
list
of
the
number
of
9
provisional
ballots
cast
under
section
49.81
in
each
precinct.
10
The
list
shall
be
made
available
to
the
public
as
soon
as
11
possible,
but
in
no
case
later
than
nine
o’clock
9:00
a.m.
on
12
the
second
day
following
the
election.
Any
elector
may
examine
13
the
list
during
normal
office
hours,
and
may
also
examine
the
14
affidavit
envelopes
bearing
the
ballots
of
challenged
electors
15
until
the
reconvening
of
the
special
precinct
board
as
required
16
by
this
chapter
.
Only
those
persons
so
permitted
by
section
17
53.23,
subsection
4
,
shall
have
access
to
the
affidavits
while
18
that
board
is
in
session.
Any
elector
may
present
written
19
statements
or
documents,
supporting
or
opposing
the
counting
of
20
any
provisional
ballot,
at
the
commissioner’s
office
until
the
21
reconvening
of
the
special
precinct
board.
22
Sec.
16.
Section
53.45,
subsection
1,
paragraph
a,
23
unnumbered
paragraph
1,
Code
2013,
is
amended
to
read
as
24
follows:
25
As
provided
in
this
section
,
the
commissioner
shall
26
provide
special
absentee
ballots
to
be
used
for
state
general
27
elections.
A
special
absentee
ballot
shall
only
be
provided
to
28
an
eligible
elector
who
completes
an
application
stating
both
29
of
the
following
to
the
best
of
the
eligible
elector’s
belief:
30
Sec.
17.
Section
68A.604,
Code
2013,
is
amended
to
read
as
31
follows:
32
68A.604
Funds.
33
Any
candidate
for
a
partisan
public
office,
except
as
34
otherwise
provided
by
section
68A.103,
subsection
2
,
may
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receive
campaign
funds
from
the
Iowa
election
campaign
1
fund
through
the
state
central
committee
of
the
candidate’s
2
political
party.
However,
the
state
central
committee
of
3
each
political
party
shall
have
discretion
as
to
which
of
4
the
party’s
candidates
for
public
office
shall
be
allocated
5
campaign
funds
out
of
money
received
by
that
party
from
the
6
Iowa
election
campaign
fund.
7
Sec.
18.
Section
88.8,
subsection
2,
Code
2013,
is
amended
8
to
read
as
follows:
9
2.
Noncompliance
notice.
If
the
commissioner
has
reason
to
10
believe
that
an
employer
has
failed
to
correct
the
violation
11
for
which
a
citation
has
been
issued
within
the
period
12
permitted
for
its
correction
,
(
which
period
shall
not
begin
to
13
run
until
the
entry
of
a
final
order
by
the
appeal
board
in
the
14
case
of
any
review
proceedings
under
this
section
initiated
15
by
the
employer
in
good
faith
and
not
solely
for
delay
or
16
avoidance
of
penalties
)
,
the
commissioner
shall
notify
the
17
employer
by
service
in
the
same
manner
as
an
original
notice
or
18
by
certified
mail
of
the
failure
and
of
the
penalty
proposed
19
to
be
assessed
under
section
88.14
by
reason
of
the
failure,
20
and
that
the
employer
has
fifteen
working
days
within
which
to
21
notify
the
commissioner
that
the
employer
wishes
to
contest
22
the
commissioner’s
notification
or
the
proposed
assessment
of
23
penalty.
If,
within
fifteen
working
days
from
the
receipt
24
of
notification
issued
by
the
commissioner,
the
employer
25
fails
to
notify
the
commissioner
that
the
employer
intends
to
26
contest
the
notification
or
proposed
assessment
of
penalty,
the
27
notification
and
assessment,
as
proposed,
shall
be
deemed
the
28
final
order
of
the
appeal
board
and
not
subject
to
review
by
29
any
court
or
agency.
30
Sec.
19.
Section
88.19,
Code
2013,
is
amended
to
read
as
31
follows:
32
88.19
Annual
report.
33
Within
one
hundred
twenty
days
following
the
convening
34
of
each
session
of
each
general
assembly,
the
commissioner
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shall
prepare
and
submit
to
the
governor
for
transmittal
to
1
the
general
assembly
a
report
upon
the
subject
matter
of
2
this
chapter
,
the
progress
toward
achievement
of
the
purpose
3
of
this
chapter
,
the
needs
and
requirements
in
the
field
4
of
occupational
safety
and
health,
and
any
other
relevant
5
information.
Such
The
reports
may
include
information
6
regarding
occupational
the
following:
7
1.
Occupational
safety
and
health
standards,
and
criteria
8
for
such
standards,
developed
during
the
preceding
year
;
9
evaluation
.
10
2.
Evaluation
of
standards
and
criteria
previously
11
developed
under
this
chapter
,
defining
areas
of
emphasis
for
12
new
criteria
and
standards
;
evaluation
.
13
3.
Evaluation
of
the
degree
of
observance
of
applicable
14
occupational
safety
and
health
standards,
and
a
summary
of
15
inspection
and
enforcement
activity
undertaken
;
analysis
.
16
4.
Analysis
and
evaluation
of
research
activities
for
17
which
results
have
been
obtained
under
governmental
and
18
nongovernmental
sponsorship
;
an
.
19
5.
An
analysis
of
major
occupational
diseases
;
evaluation
.
20
6.
Evaluation
of
available
control
and
measurement
21
technology
for
hazards
for
which
standards
or
criteria
have
22
been
developed
during
the
preceding
year
;
a
.
23
7.
A
description
of
cooperative
efforts
undertaken
between
24
government
agencies
and
other
interested
parties
in
the
25
implementation
of
this
chapter
during
the
preceding
year
;
a
.
26
8.
A
progress
report
on
the
development
of
an
adequate
27
supply
of
trained
personnel
in
the
field
of
occupational
safety
28
and
health,
including
estimates
of
future
needs
and
the
efforts
29
being
made
by
government
and
others
to
meet
those
needs
;
a
.
30
9.
A
listing
of
all
toxic
substances
in
industrial
usage
for
31
which
labeling
requirements,
criteria,
or
standards
have
not
32
yet
been
established
;
and
such
.
33
10.
Such
recommendations
for
additional
legislation
as
are
34
deemed
necessary
to
protect
the
safety
and
health
of
the
worker
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and
improve
the
administration
of
this
chapter
.
1
Sec.
20.
Section
96.13,
subsection
2,
Code
2013,
is
amended
2
to
read
as
follows:
3
2.
Replenishment
of
lost
funds.
If
any
moneys
received
4
after
June
30,
1941,
from
the
social
security
board
5
administration
under
Tit.
III
of
the
Social
Security
Act,
or
6
any
unencumbered
balances
in
the
unemployment
compensation
7
administration
fund
as
of
that
date,
or
any
moneys
granted
8
after
that
date
to
this
state
pursuant
to
the
provisions
9
of
the
Wagner-Peyser
Act,
or
any
moneys
made
available
by
10
this
state
or
its
political
subdivisions
and
matched
by
such
11
moneys
granted
to
this
state
pursuant
to
the
provisions
of
12
the
Wagner-Peyser
Act,
are
found
by
the
social
security
board
13
administration
,
because
of
any
action
or
contingency,
to
14
have
been
lost
or
been
expended
for
purposes
other
than
or
15
in
amounts
in
excess
of,
those
found
necessary
by
the
social
16
security
board
administration
for
the
proper
administration
of
17
this
chapter
,
it
is
the
policy
of
this
state
that
such
moneys
18
shall
be
replaced
by
moneys
appropriated
for
such
purpose
19
from
the
general
funds
of
this
state
to
the
unemployment
20
compensation
administration
fund
for
expenditure
as
provided
21
in
subsection
1
of
this
section
.
Upon
receipt
of
notice
of
22
such
a
finding
by
the
social
security
board
administration
,
23
the
department
shall
promptly
report
the
amount
required
for
24
such
replacement
to
the
governor
and
the
governor
shall
at
25
the
earliest
opportunity,
submit
to
the
legislature
a
request
26
for
the
appropriation
of
such
amount.
This
subsection
shall
27
not
be
construed
to
relieve
this
state
of
its
obligation
with
28
respect
to
funds
received
prior
to
July
1,
1941,
pursuant
to
29
the
provisions
of
Tit.
III
of
the
Social
Security
Act.
30
Sec.
21.
Section
97C.12,
Code
2013,
is
amended
to
read
as
31
follows:
32
97C.12
Contribution
fund.
33
1.
There
is
hereby
established
in
the
office
of
the
34
treasurer
of
state
a
special
fund
to
be
known
as
the
35
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contribution
fund.
Such
fund
shall
consist
of,
and
there
shall
1
be
deposited
in
such
fund:
(1)
all
2
a.
All
taxes,
interest,
and
penalties
collected
under
3
sections
97C.5
,
97C.10
,
and
97C.11
;
(2)
all
.
4
b.
All
moneys
appropriated
thereto
under
this
chapter
;
(3)
5
any
.
6
c.
Any
property
or
securities
and
earnings
thereof
acquired
7
through
the
use
of
moneys
belonging
to
the
fund
;
(4)
interest
.
8
d.
Interest
earned
upon
any
moneys
in
the
fund
;
and
(5)
all
.
9
e.
All
sums
recovered
upon
the
bond
of
the
custodian
or
10
otherwise
for
losses
sustained
by
the
fund
and
all
other
moneys
11
received
for
the
fund
from
any
other
source.
12
2.
Subject
to
the
provisions
of
this
chapter
,
the
state
13
agency
is
vested
with
full
power,
authority
and
jurisdiction
14
over
the
fund,
including
all
moneys
and
property
or
securities
15
belonging
thereto,
and
may
perform
any
and
all
acts
whether
16
or
not
specifically
designated,
which
are
necessary
to
the
17
administration
thereof
and
are
consistent
with
the
provisions
18
of
this
chapter
.
All
moneys
in
this
fund
shall
be
mingled
and
19
undivided.
20
Sec.
22.
Section
123.30,
subsection
2,
Code
2013,
is
amended
21
to
read
as
follows:
22
2.
No
A
liquor
control
license
shall
not
be
issued
23
for
premises
which
do
not
conform
to
all
applicable
laws,
24
ordinances,
resolutions,
and
health
and
fire
regulations.
Nor
25
shall
any
A
licensee
shall
not
have
or
maintain
any
interior
26
access
to
residential
or
sleeping
quarters
unless
permission
is
27
granted
by
the
administrator
in
the
form
of
a
living
quarters
28
permit.
29
Sec.
23.
Section
123.50,
subsection
1,
Code
2013,
is
amended
30
to
read
as
follows:
31
1.
Any
person
who
violates
any
of
the
provisions
of
section
32
123.49
,
except
section
123.49,
subsection
2
,
paragraph
“h”
,
33
or
who
fails
to
affix
upon
sale,
defaces,
or
fails
to
record
34
a
keg
identification
sticker
or
produce
a
record
of
keg
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identification
stickers
pursuant
to
section
123.138
,
shall
1
be
guilty
of
a
simple
misdemeanor.
A
person
who
violates
2
section
123.49,
subsection
2
,
paragraph
“h”
,
commits
a
simple
3
misdemeanor
punishable
as
a
scheduled
violation
under
section
4
805.8C,
subsection
2
.
5
Sec.
24.
Section
123.145,
Code
2013,
is
amended
to
read
as
6
follows:
7
123.145
Labels
on
bottles,
barrels,
etc.
——
conclusive
8
evidence.
9
The
label
on
any
bottle,
keg,
barrel,
or
other
container
in
10
which
beer
is
offered
for
sale
in
this
state,
representing
the
11
alcoholic
content
of
such
beer
as
being
in
excess
of
five
per
12
centum
percent
by
weight
shall
be
conclusive
evidence
as
to
the
13
alcoholic
content
of
the
beer
contained
therein.
14
Sec.
25.
Section
124.401,
subsection
1,
paragraph
d,
Code
15
2013,
is
amended
to
read
as
follows:
16
d.
Violation
of
this
subsection
,
with
respect
to
any
other
17
controlled
substances,
counterfeit
substances,
or
simulated
18
controlled
substances
classified
in
section
124.204,
subsection
19
4,
paragraph
“ai”
,
or
section
124.204,
subsection
6
,
paragraph
20
“i”
,
or
classified
in
schedule
IV
or
V
is
an
aggravated
21
misdemeanor.
However,
violation
of
this
subsection
involving
22
fifty
kilograms
or
less
of
marijuana
or
involving
flunitrazepam
23
is
a
class
“D”
felony.
24
Sec.
26.
Section
126.11,
subsection
3,
paragraph
b,
Code
25
2013,
is
amended
to
read
as
follows:
26
b.
A
drug
dispensed
by
filling
or
refilling
a
written,
27
electronic,
facsimile,
or
oral
prescription
of
a
practitioner
28
licensed
by
law
to
administer
the
drug
is
exempt
from
section
29
126.10
,
except
section
126.10,
subsection
1
,
paragraph
“a”
30
and
,
section
126.10,
paragraph
“i”
,
subparagraphs
(2)
and
31
(3),
and
section
126.10,
subsection
1
,
paragraphs
“k”
and
“l”
,
32
and
the
packaging
requirements
of
section
126.10,
subsection
33
1
,
paragraphs
“g”
,
“h”
,
and
“p”
,
if
the
drug
bears
a
label
34
containing
the
name
and
address
of
the
dispenser,
the
date
of
35
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the
prescription
or
of
its
filling,
the
name
of
the
prescriber,
1
and,
if
stated
in
the
prescription,
the
name
of
the
patient,
2
and
the
directions
for
use
and
cautionary
statements,
if
3
any,
contained
in
the
prescription.
This
exemption
does
not
4
apply
to
a
drug
dispensed
in
the
course
of
the
conduct
of
the
5
business
of
dispensing
drugs
pursuant
to
diagnosis
by
mail,
6
or
to
a
drug
dispensed
in
violation
of
paragraph
“a”
of
this
7
subsection
.
8
Sec.
27.
Section
135.74,
subsection
2,
Code
2013,
is
amended
9
to
read
as
follows:
10
2.
In
establishing
uniform
methods
of
financial
reporting,
11
the
department
shall
consider
all
of
the
following
:
12
a.
The
existing
systems
of
accounting
and
reporting
13
currently
utilized
by
hospitals
and
health
care
facilities
;
.
14
b.
Differences
among
hospitals
and
health
care
facilities,
15
respectively,
according
to
size,
financial
structure,
methods
16
of
payment
for
services,
and
scope,
type
and
method
of
17
providing
services
;
and
.
18
c.
Other
pertinent
distinguishing
factors.
19
Sec.
28.
Section
135.75,
subsection
1,
Code
2013,
is
amended
20
to
read
as
follows:
21
1.
Each
hospital
and
each
health
care
facility
shall
22
annually,
after
the
close
of
its
fiscal
year,
file
all
of
the
23
following
with
the
department:
24
a.
A
balance
sheet
detailing
the
assets,
liabilities
and
net
25
worth
of
the
hospital
or
health
care
facility
;
.
26
b.
A
statement
of
its
income
and
expenses
;
and
.
27
c.
Such
other
reports
of
the
costs
incurred
in
rendering
28
services
as
the
department
may
prescribe.
29
Sec.
29.
Section
135.83,
Code
2013,
is
amended
to
read
as
30
follows:
31
135.83
Contracts
for
assistance
with
analyses,
studies,
and
32
data.
33
In
furtherance
of
the
department’s
responsibilities
under
34
sections
135.76
and
135.78
,
the
director
may
contract
with
the
35
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Iowa
hospital
association
and
third-party
payers,
the
Iowa
1
health
care
facilities
association
and
third-party
payers,
or
2
the
Iowa
association
of
homes
for
the
aging
leading
age
Iowa
3
and
third-party
payers
for
the
establishment
of
pilot
programs
4
dealing
with
prospective
rate
review
in
hospitals
or
health
5
care
facilities,
or
both.
Such
contract
shall
be
subject
to
6
the
approval
of
the
executive
council
and
shall
provide
for
an
7
equitable
representation
of
health
care
providers,
third-party
8
payers,
and
health
care
consumers
in
the
determination
9
of
criteria
for
rate
review.
No
third-party
payer
shall
10
be
excluded
from
positive
financial
incentives
based
upon
11
volume
of
gross
patient
revenues.
No
state
or
federal
funds
12
appropriated
or
available
to
the
department
shall
be
used
for
13
any
such
pilot
program.
14
Sec.
30.
Section
135.156,
subsection
2,
paragraph
b,
15
unnumbered
paragraph
1,
Code
2013,
is
amended
to
read
as
16
follows:
17
An
executive
committee
of
the
electronic
health
information
18
advisory
council
is
established.
Members
of
the
executive
19
committee
of
the
advisory
council
shall
receive
reimbursement
20
for
actual
expenses
incurred
while
serving
in
their
official
21
capacity
only
if
they
are
not
eligible
for
reimbursement
by
22
the
organization
that
they
represent.
The
executive
committee
23
shall
consist
of
the
following
members:
24
Sec.
31.
Section
135.156B,
subsections
5
and
8,
Code
2013,
25
are
amended
to
read
as
follows:
26
5.
Apply
for,
acquire
by
gift
or
purchase,
and
hold,
27
dispense,
or
dispose
of
funds
and
real
or
personal
property
28
from
any
person,
governmental
entity,
or
organization
in
the
29
exercise
of
its
the
department’s
powers
or
performance
of
its
30
the
department’s
duties
in
accordance
with
this
division
.
31
8.
Execute
all
instruments
necessary
or
incidental
to
the
32
performance
of
its
the
department’s
duties
and
the
execution
of
33
its
the
department’s
powers
under
this
division
.
34
Sec.
32.
Section
135C.2,
subsection
5,
paragraph
a,
Code
35
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85
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14/
143
H.F.
417
2013,
is
amended
to
read
as
follows:
1
a.
A
facility
provider
under
the
special
classification
2
must
comply
with
rules
adopted
by
the
department
for
the
3
special
classification.
However,
a
facility
provider
which
has
4
been
accredited
by
the
accreditation
council
for
services
to
5
persons
with
an
intellectual
disability
and
other
developmental
6
disabilities
on
quality
and
leadership
shall
be
deemed
to
be
in
7
compliance
with
the
rules
adopted
by
the
department.
8
Sec.
33.
Section
135C.6,
subsection
3,
Code
2013,
is
amended
9
to
read
as
follows:
10
3.
No
change
in
a
health
care
facility,
its
operation,
11
program,
or
services,
of
a
degree
or
character
affecting
12
continuing
licensability
licensure
shall
be
made
without
prior
13
approval
thereof
by
the
department.
The
department
may
by
rule
14
specify
the
types
of
changes
which
shall
not
be
made
without
15
its
prior
approval.
16
Sec.
34.
Section
135C.6,
subsection
8,
paragraph
c,
17
unnumbered
paragraph
1,
Code
2013,
is
amended
to
read
as
18
follows:
19
A
residential
program
approved
by
the
department
of
human
20
services
pursuant
to
this
paragraph
“c”
to
receive
moneys
21
appropriated
to
the
department
of
human
services
under
22
provisions
of
a
federally
approved
home
and
community-based
23
services
waiver
for
persons
with
an
intellectual
disabilities
24
disability
may
provide
care
to
not
more
than
five
individuals.
25
The
department
shall
approve
a
residential
program
under
this
26
paragraph
that
complies
with
all
of
the
following
conditions:
27
Sec.
35.
Section
138.13,
subsection
2,
paragraph
m,
Code
28
2013,
is
amended
to
read
as
follows:
29
m.
When
a
camp
is
operated
during
a
season
requiring
30
artificial
heating,
living
quarters
with
a
minimum
of
one
31
hundred
square
feet
per
occupant
shall
be
provided
and
such
32
living
quarters
or
shelters
shall,
also,
be
provided
with
33
properly
installed
heating
equipment
of
adequate
capacity
34
to
maintain
a
room
temperature
of
at
least
70
degrees
F
35
-15-
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417
Fahrenheit
.
A
stove
or
other
source
of
heat
shall
be
installed
1
and
vented
in
a
manner
to
avoid
both
a
fire
hazard
and
a
2
concentration
of
fumes
or
gas
within
such
living
quarters
and
3
shelters.
In
a
room
with
wooden
or
combustible
flooring,
there
4
shall
be
a
concrete
slab,
metal
sheet,
or
other
fire-resistant
5
material,
on
the
floor
under
each
stove,
extending
at
least
6
eighteen
inches
beyond
the
perimeter
of
the
base
of
the
stove.
7
Any
wall
or
ceiling
not
having
a
fire-resistant
surface,
within
8
twenty-four
inches
of
a
stove
or
stovepipe,
shall
be
protected
9
by
a
metal
sheet
or
other
fire-resistant
material.
Heating
10
appliances,
other
than
electrical,
shall
be
provided
with
a
11
stovepipe
or
vent
connected
to
the
appliance
and
discharging
to
12
the
outside
air
or
chimney.
The
vent
or
chimney
shall
extend
13
above
the
peak
of
the
roof.
Stovepipes
shall
be
insulated
14
with
fire-resistant
material
where
they
pass
through
walls,
15
ceilings,
or
floors.
16
Sec.
36.
Section
138.13,
subsection
6,
paragraph
d,
Code
17
2013,
is
amended
to
read
as
follows:
18
d.
Every
service
building
used
during
periods
requiring
19
artificial
heating
shall
be
provided
with
equipment
capable
20
of
maintaining
a
room
temperature
of
at
least
70
degrees
F
21
Fahrenheit
.
22
Sec.
37.
Section
144A.2,
subsection
8,
Code
2013,
is
amended
23
to
read
as
follows:
24
8.
a.
“Life-sustaining
procedure”
means
any
medical
25
procedure,
treatment,
or
intervention,
including
resuscitation,
26
which
meets
both
of
the
following
requirements:
27
a.
(1)
Utilizes
mechanical
or
artificial
means
to
sustain,
28
restore,
or
supplant
a
spontaneous
vital
function.
29
b.
(2)
When
applied
to
a
patient
in
a
terminal
condition,
30
would
serve
only
to
prolong
the
dying
process.
31
b.
“Life-sustaining
procedure”
does
not
include
the
32
provision
of
nutrition
or
hydration
except
when
required
33
to
be
provided
parenterally
or
through
intubation
or
the
34
administration
of
medication
or
performance
of
any
medical
35
-16-
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417
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85
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16/
143
H.F.
417
procedure
deemed
necessary
to
provide
comfort
care
or
to
1
alleviate
pain.
2
Sec.
38.
Section
163.26,
Code
2013,
is
amended
to
read
as
3
follows:
4
163.26
Definition.
5
For
the
purposes
of
this
subchapter
,
“garbage”
means
6
putrescible
animal
and
vegetable
wastes
resulting
from
the
7
handling,
preparation,
cooking,
and
consumption
of
foods,
8
including
animal
carcasses
or
parts.
“Garbage”
includes
all
9
waste
material,
by-products
of
a
kitchen,
restaurant,
hotel,
10
or
slaughterhouse,
every
refuse
accumulation
of
animal,
11
fruit,
or
vegetable
matter,
liquids
or
otherwise,
or
grain
not
12
consumed,
that
is
collected
from
hog
sales
pen
floors
in
public
13
stockyards.
Animals
or
parts
of
animals,
which
are
processed
14
by
slaughterhouses
or
rendering
establishments,
and
which
as
15
part
of
the
processing
are
heated
to
not
less
than
212
degrees
16
F.
Fahrenheit
for
thirty
minutes,
are
not
garbage
for
purposes
17
of
this
chapter
.
18
Sec.
39.
Section
176A.10,
subsection
2,
Code
2013,
is
19
amended
to
read
as
follows:
20
2.
An
extension
council
of
an
extension
district
may
choose
21
to
be
subject
to
the
levy
and
revenue
limits
specified
in
22
subparagraphs
(2)
of
subsection
1
,
paragraphs
“a”
through
23
“d”
,
and
subsection
1
,
paragraph
“e”
,
for
the
purpose
of
the
24
annual
levy
for
the
fiscal
year
commencing
July
1,
1991,
which
25
levy
is
payable
in
the
fiscal
year
beginning
July
1,
1992.
26
Before
an
extension
district
may
be
subject
to
the
levy
and
27
revenue
limits
specified
in
subparagraphs
(2)
of
subsection
1
,
28
paragraphs
“a”
through
“d”
,
and
subsection
1
,
paragraph
“e”
,
29
for
fiscal
years
beginning
on
or
after
July
1,
1992,
which
levy
30
is
payable
in
fiscal
years
beginning
on
or
after
July
1,
1993,
31
the
question
of
whether
the
district
shall
be
subject
to
the
32
levy
and
revenue
limits
as
specified
in
such
paragraphs
must
33
be
submitted
to
the
registered
voters
of
the
district.
The
34
question
shall
be
submitted
at
the
time
of
a
state
general
35
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143
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417
election.
If
the
question
is
approved
by
a
majority
of
those
1
voting
on
the
question
the
levy
and
revenue
limits
specified
in
2
subparagraphs
(2)
of
subsection
1
,
paragraphs
“a”
through
“d”
,
3
and
subsection
1
,
paragraph
“e”
,
shall
thereafter
apply
to
the
4
extension
district.
The
question
need
only
be
approved
at
one
5
state
general
election.
If
a
majority
of
those
voting
on
the
6
question
vote
against
the
question,
the
district
may
continue
7
to
submit
the
question
at
subsequent
state
general
elections
8
until
approved.
9
Sec.
40.
Section
189A.11,
Code
2013,
is
amended
to
read
as
10
follows:
11
189A.11
Access
by
inspectors
——
acceptance
by
state
agencies.
12
1.
No
A
person
shall
not
deny
access
to
any
authorized
13
inspectors
upon
the
presentation
of
proper
identification
at
14
any
reasonable
time
to
establishments
and
to
all
parts
of
such
15
premises
for
the
purposes
of
making
inspections
under
this
16
chapter
.
17
2.
When
meat
has
been
inspected
and
approved
by
the
18
department,
such
inspection
will
be
equal
to
federal
inspection
19
and
therefore
may
be
accepted
by
state
agencies
and
political
20
subdivisions
of
the
state
and
no
other
inspection
can
be
21
required.
22
1.
a.
No
An
inspection
of
products
placed
in
any
container
23
at
any
official
establishment
shall
not
be
deemed
to
be
24
complete
until
the
products
are
sealed
or
enclosed
therein
25
under
the
supervision
of
an
inspector.
26
2.
b.
For
purposes
of
any
inspection
of
products
required
27
by
this
chapter
,
inspectors
authorized
by
the
secretary
shall
28
have
access
at
all
times
by
day
or
night
to
every
part
of
every
29
establishment
required
to
have
inspection
under
this
chapter
,
30
whether
the
establishment
is
operated
or
not.
31
Sec.
41.
Section
190.12,
subsection
1,
Code
2013,
is
amended
32
to
read
as
follows:
33
1.
Frozen
desserts
and
the
pasteurized
dairy
ingredients
34
used
in
the
manufacture
thereof,
shall
comply
with
the
35
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417
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18/
143
H.F.
417
following
standards:
1
____________________________________________________________
2
Milk,
cream,
and
fluid
Temperature
Storage
at
45
3
degrees
F
Fahrenheit
.
4
dairy
ingredient
Bacterial
limit
50,000
per
5
milliliter
6
Coliform
limit
10
per
milliliter
7
____________________________________________________________
8
Frozen
dessert
mixes,
Temperature
Storage
at
45
9
degrees
F
Fahrenheit
.
10
frozen
desserts
(plain)
Bacterial
limit
50,000
per
gram
11
Coliform
limit
10
per
gram
12
____________________________________________________________
13
Dry
dairy
ingredient
Extra
grade
or
better
as
defined
by
14
U.
S.
Standards
for
grades
for
the
15
particular
product.
16
____________________________________________________________
17
Dry
powder
mix
Bacterial
limit
50,000
per
gram
18
Coliform
limit
10
per
gram
19
____________________________________________________________
20
Sec.
42.
Section
203C.15,
subsection
6,
paragraph
a,
21
unnumbered
paragraph
1,
Code
2013,
is
amended
to
read
as
22
follows:
23
The
licensed
warehouse
operator
may
comply
to
with
the
24
demand
by
doing
any
of
the
following:
25
Sec.
43.
Section
230.15,
Code
2013,
is
amended
to
read
as
26
follows:
27
230.15
Personal
liability.
28
1.
A
person
with
mental
illness
and
a
person
legally
liable
29
for
the
person’s
support
remain
liable
for
the
support
of
30
the
person
with
mental
illness
as
provided
in
this
section
.
31
Persons
legally
liable
for
the
support
of
a
person
with
mental
32
illness
include
the
spouse
of
the
person,
any
person
bound
33
by
contract
for
support
of
the
person,
and,
with
respect
to
34
persons
with
mental
illness
under
eighteen
years
of
age
only,
35
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417
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85
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19/
143
H.F.
417
the
father
and
mother
of
the
person.
The
county
auditor,
1
subject
to
the
direction
of
the
board
of
supervisors,
shall
2
enforce
the
obligation
created
in
this
section
as
to
all
sums
3
advanced
by
the
county.
The
liability
to
the
county
incurred
4
by
a
person
with
mental
illness
or
a
person
legally
liable
for
5
the
person’s
support
under
this
section
is
limited
to
an
amount
6
equal
to
one
hundred
percent
of
the
cost
of
care
and
treatment
7
of
the
person
with
mental
illness
at
a
state
mental
health
8
institute
for
one
hundred
twenty
days
of
hospitalization.
This
9
limit
of
liability
may
be
reached
by
payment
of
the
cost
of
10
care
and
treatment
of
the
person
with
mental
illness
subsequent
11
to
a
single
admission
or
multiple
admissions
to
a
state
12
mental
health
institute
or,
if
the
person
is
not
discharged
as
13
cured,
subsequent
to
a
single
transfer
or
multiple
transfers
14
to
a
county
care
facility
pursuant
to
section
227.11
.
After
15
reaching
this
limit
of
liability,
a
person
with
mental
illness
16
or
a
person
legally
liable
for
the
person’s
support
is
liable
17
to
the
county
for
the
care
and
treatment
of
the
person
with
18
mental
illness
at
a
state
mental
health
institute
or,
if
19
transferred
but
not
discharged
as
cured,
at
a
county
care
20
facility
in
an
amount
not
in
excess
of
the
average
minimum
21
cost
of
the
maintenance
of
an
individual
who
is
physically
and
22
mentally
healthy
residing
in
the
individual’s
own
home,
which
23
standard
shall
be
established
and
may
from
time
to
time
be
24
revised
by
the
department
of
human
services.
A
lien
imposed
25
by
section
230.25
shall
not
exceed
the
amount
of
the
liability
26
which
may
be
incurred
under
this
section
on
account
of
a
person
27
with
mental
illness.
28
2.
A
person
with
a
substance-related
disorder
is
29
legally
liable
for
the
total
amount
of
the
cost
of
providing
30
care,
maintenance,
and
treatment
for
the
person
with
a
31
substance-related
disorder
while
a
voluntary
or
committed
32
patient.
When
a
portion
of
the
cost
is
paid
by
a
county,
33
the
person
with
a
substance-related
disorder
is
legally
34
liable
to
the
county
for
the
amount
paid.
The
person
with
35
-20-
HF
417
(4)
85
lh/rj/md
20/
143
H.F.
417
a
substance-related
disorder
shall
assign
any
claim
for
1
reimbursement
under
any
contract
of
indemnity,
by
insurance
2
or
otherwise,
providing
for
the
person’s
care,
maintenance,
3
and
treatment
in
a
state
hospital
to
the
state.
Any
payments
4
received
by
the
state
from
or
on
behalf
of
a
person
with
a
5
substance-related
disorder
shall
be
in
part
credited
to
the
6
county
in
proportion
to
the
share
of
the
costs
paid
by
the
7
county.
8
3.
Nothing
in
this
section
shall
be
construed
to
prevent
9
a
relative
or
other
person
from
voluntarily
paying
the
full
10
actual
cost
or
any
portion
of
the
care
and
treatment
of
any
11
person
with
mental
illness
or
a
substance-related
disorder
as
12
established
by
the
department
of
human
services.
13
Sec.
44.
Section
231D.3A,
Code
2013,
is
amended
to
read
as
14
follows:
15
231D.3A
Exception.
16
An
entity
certified
by
the
centers
for
Medicare
and
Medicaid
17
services
of
the
United
States
department
of
health
and
human
18
services
as
a
federal
program
of
all-inclusive
care
for
the
19
elderly
shall
not
be
required
to
be
certified
as
an
adult
20
day
services
program
under
this
chapter
.
A
program
for
of
21
all-inclusive
care
for
the
elderly,
as
used
in
this
section
,
22
shall
not
identify
itself
or
hold
itself
out
to
be
an
adult
day
23
services
program
as
defined
in
section
231D.1
.
24
Sec.
45.
Section
235.3,
subsection
2,
Code
2013,
is
amended
25
to
read
as
follows:
26
2.
Make
such
reports
and
obtain
and
furnish
such
information
27
from
time
to
time
as
may
be
necessary
to
permit
cooperation
by
28
the
state
division
with
the
United
States
children’s
bureau,
29
the
social
security
board
administration
,
or
any
other
federal
30
agency
which
is
now
or
may
hereafter
be
charged
with
any
duty
31
regarding
child
care
or
child
welfare
services.
32
Sec.
46.
Section
235B.1,
subsection
4,
paragraph
a,
33
subparagraph
(1),
Code
2013,
is
amended
to
read
as
follows:
34
(1)
Advise
the
director
of
human
services,
the
director
35
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of
elder
affairs
the
department
on
aging
,
the
director
of
1
inspections
and
appeals,
the
director
of
public
health,
the
2
director
of
the
department
of
corrections,
and
the
director
of
3
human
rights
regarding
dependent
adult
abuse.
4
Sec.
47.
Section
235B.16A,
subsection
4,
Code
2013,
is
5
amended
to
read
as
follows:
6
4.
The
department
of
human
services
shall
cooperate
with
7
the
department
on
aging,
the
departments
of
elder
affairs,
8
inspections
and
appeals,
public
health,
public
safety,
and
9
workforce
development,
the
civil
rights
commission,
and
other
10
state
and
local
agencies
performing
inspections
or
otherwise
11
visiting
residential
settings
where
dependent
adults
live,
12
to
regularly
provide
training
to
the
appropriate
staff
in
13
the
agencies
concerning
each
agency’s
procedures
involving
14
dependent
adults,
and
to
build
awareness
concerning
dependent
15
adults
and
reporting
of
dependent
adult
abuse.
16
Sec.
48.
Section
249A.4B,
subsection
2,
paragraph
a,
17
subparagraphs
(29)
and
(41),
Code
2013,
are
amended
to
read
as
18
follows:
19
(29)
The
Iowa
association
of
homes
and
services
for
the
20
aging
Leading
age
Iowa
.
21
(41)
The
Iowa
dietetic
association
academy
of
nutrition
and
22
dietetics
.
23
Sec.
49.
Section
249A.12,
subsection
3,
paragraph
b,
Code
24
2013,
is
amended
to
read
as
follows:
25
b.
The
state
shall
be
responsible
for
all
of
the
nonfederal
26
share
of
medical
assistance
home
and
community-based
services
27
waivers
for
persons
with
an
intellectual
disabilities
28
disability
services
provided
to
minors,
and
a
county
is
not
29
required
to
reimburse
the
department
and
shall
not
be
billed
30
for
the
nonfederal
share
of
the
costs
of
the
services.
31
Sec.
50.
Section
249A.12,
subsection
5,
paragraph
b,
Code
32
2013,
is
amended
to
read
as
follows:
33
b.
The
department
of
human
services
shall
seek
federal
34
approval
to
amend
the
home
and
community-based
services
waiver
35
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for
persons
with
an
intellectual
disabilities
disability
1
to
include
day
habilitation
services.
Inclusion
of
day
2
habilitation
services
in
the
waiver
shall
take
effect
upon
3
receipt
of
federal
approval.
4
Sec.
51.
Section
249A.26,
subsection
4,
Code
2013,
is
5
amended
to
read
as
follows:
6
4.
The
state
shall
pay
for
the
entire
nonfederal
share
7
of
the
costs
for
case
management
services
provided
to
8
persons
seventeen
years
of
age
or
younger
who
are
served
in
9
a
home
and
community-based
services
waiver
program
under
the
10
medical
assistance
program
for
persons
with
an
intellectual
11
disabilities
disability
.
12
Sec.
52.
Section
249A.30,
subsection
1,
Code
2013,
is
13
amended
to
read
as
follows:
14
1.
The
base
reimbursement
rate
for
a
provider
of
services
15
under
a
medical
assistance
program
home
and
community-based
16
services
waiver
for
persons
with
an
intellectual
disabilities
17
disability
shall
be
recalculated
at
least
every
three
years
18
to
adjust
for
the
changes
in
costs
during
the
immediately
19
preceding
three-year
period.
20
Sec.
53.
Section
249L.4,
subsection
5,
paragraph
b,
21
subparagraph
(4),
Code
2013,
is
amended
to
read
as
follows:
22
(4)
Each
nursing
facility
shall
submit
to
the
department,
23
information
in
a
form
as
specified
by
the
department
and
24
developed
in
cooperation
with
representatives
of
the
Iowa
25
caregivers
association,
the
Iowa
health
care
association,
the
26
leading
age
Iowa
association
of
homes
and
services
for
the
27
aging
,
and
the
AARP
Iowa
chapter,
that
demonstrates
compliance
28
by
the
nursing
facility
with
the
requirements
for
use
of
the
29
rate
adjustment
increases
and
other
reimbursements
provided
to
30
nursing
facilities
through
the
quality
assurance
assessment.
31
Sec.
54.
Section
252.27,
unnumbered
paragraph
2,
Code
2013,
32
is
amended
to
read
as
follows:
33
The
board
shall
record
its
proceedings
relating
to
the
34
provision
of
assistance
to
specific
persons
under
this
chapter
.
35
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A
person
who
is
aggrieved
by
a
decision
of
the
board
may
appeal
1
the
decision
as
if
it
were
a
contested
case
before
an
agency
2
and
as
if
the
person
had
exhausted
administrative
remedies
in
3
accordance
with
the
procedures
and
standards
in
section
17A.19,
4
subsections
2
to
12
,
except
section
17A.19,
subsection
10
,
5
paragraphs
“b”
and
“g”
,
and
section
17A.20
.
6
Sec.
55.
Section
252D.17,
Code
2013,
is
amended
to
read
as
7
follows:
8
252D.17
Notice
to
payor
of
income
——
duties
and
liability
——
9
criminal
penalty.
10
1.
The
district
court
shall
provide
notice
by
sending
a
copy
11
of
the
order
for
income
withholding
or
a
notice
of
the
order
12
for
income
withholding
to
the
obligor
and
the
obligor’s
payor
13
of
income
by
regular
mail,
with
proof
of
service
completed
14
according
to
rule
of
civil
procedure
1.442.
The
child
support
15
recovery
unit
shall
provide
notice
of
the
income
withholding
16
order
by
sending
a
notice
of
the
order
to
the
obligor’s
payor
17
of
income
by
regular
mail
or
by
electronic
means.
Proof
of
18
service
may
be
completed
according
to
rule
of
civil
procedure
19
1.442.
The
child
support
recovery
unit’s
notice
of
the
order
20
may
be
sent
to
the
payor
of
income
on
the
same
date
that
the
21
order
is
sent
to
the
clerk
of
court
for
filing.
In
all
other
22
instances,
the
income
withholding
order
shall
be
filed
with
the
23
clerk
of
court
prior
to
sending
the
notice
of
the
order
to
the
24
payor
of
income.
In
addition
to
the
amount
to
be
withheld
for
25
payment
of
support,
the
order
or
the
notice
of
the
order
shall
26
be
in
a
standard
format
as
prescribed
by
the
unit
and
shall
27
include
all
of
the
following
information
regarding
the
duties
28
of
the
payor
in
implementing
the
withholding
order:
29
1.
a.
The
withholding
order
or
notice
of
the
order
30
for
income
withholding
for
child
support
or
child
support
31
and
spousal
support
has
priority
over
a
garnishment
or
an
32
assignment
for
any
other
purpose.
33
2.
b.
As
reimbursement
for
the
payor’s
processing
costs,
34
the
payor
may
deduct
a
fee
of
no
more
than
two
dollars
for
each
35
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payment
in
addition
to
the
amount
withheld
for
support.
The
1
payor
of
income
is
not
required
to
vary
the
payroll
cycle
to
2
comply
with
the
frequency
of
payment
of
a
support
order.
3
3.
c.
The
amount
withheld
for
support,
including
the
4
processing
fee,
shall
not
exceed
the
amounts
specified
in
15
5
U.S.C.
§
1673(b).
6
4.
d.
The
income
withholding
order
is
binding
on
an
7
existing
or
future
payor
of
income
ten
days
after
receipt
of
8
the
copy
of
the
order
or
the
notice
of
the
order,
and
is
binding
9
whether
or
not
the
copy
of
the
order
received
is
file-stamped.
10
5.
e.
The
payor
shall
send
the
amounts
withheld
to
the
11
collection
services
center
or
the
clerk
of
the
district
court
12
pursuant
to
section
252B.14
within
seven
business
days
of
the
13
date
the
obligor
is
paid.
“Business
day”
means
a
day
on
which
14
state
offices
are
open
for
regular
business.
15
6.
f.
The
payor
may
combine
amounts
withheld
from
the
16
obligors’
income
in
a
single
payment
to
the
clerk
of
the
17
district
court
or
to
the
collection
services
center,
as
18
appropriate.
Whether
combined
or
separate,
payments
shall
be
19
identified
by
the
name
of
the
obligor,
account
number,
amount,
20
and
the
date
withheld.
If
payments
for
multiple
obligors
are
21
combined,
the
portion
of
the
payment
attributable
to
each
22
obligor
shall
be
specifically
identified.
23
7.
g.
The
withholding
is
binding
on
the
payor
until
further
24
notice
by
the
court
or
the
child
support
recovery
unit.
25
8.
h.
If
the
payor,
with
actual
knowledge
and
intent
to
26
avoid
legal
obligation,
fails
to
withhold
income
or
to
pay
the
27
amounts
withheld
to
the
collection
services
center
or
the
clerk
28
of
court
in
accordance
with
the
provisions
of
the
order,
the
29
notice
of
the
order,
or
the
notification
of
payors
of
income
30
provisions
established
in
section
252B.13A
,
the
payor
commits
a
31
simple
misdemeanor
for
a
first
offense
and
is
liable
for
the
32
accumulated
amount
which
should
have
been
withheld,
together
33
with
costs,
interest,
and
reasonable
attorney
fees
related
to
34
the
collection
of
the
amounts
due
from
the
payor.
For
each
35
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subsequent
offense
prescribed
under
this
subsection
paragraph
,
1
the
payor
commits
a
serious
misdemeanor
and
is
liable
for
the
2
accumulated
amount
which
should
have
been
withheld,
together
3
with
costs,
interest,
and
reasonable
attorney
fees
related
to
4
the
collection
of
the
amounts
due
from
the
payor.
5
9.
i.
The
payor
shall
promptly
notify
the
court
or
the
6
child
support
recovery
unit
when
the
obligor’s
employment
or
7
other
income
terminates,
and
provide
the
obligor’s
last
known
8
address
and
the
name
and
address
of
the
obligor’s
new
employer,
9
if
known.
10
10.
j.
Any
payor
who
discharges
an
obligor,
refuses
to
11
employ
an
obligor,
or
takes
disciplinary
action
against
an
12
obligor
based
upon
income
withholding
is
guilty
of
a
simple
13
misdemeanor.
A
withholding
order
or
the
notice
of
the
order
14
for
income
withholding
has
the
same
force
and
effect
as
any
15
other
district
court
order,
including
,
but
not
limited
to
,
16
contempt
of
court
proceedings
for
noncompliance.
17
11.
a.
k.
(1)
Beginning
July
1,
1997,
if
a
payor
of
18
income
does
business
in
another
state
through
a
registered
19
agent
and
receives
a
notice
of
income
withholding
issued
by
20
another
state
,
the
payor
shall,
and
beginning
January
1,
1998,
21
any
payor
of
income
shall
,
withhold
funds
as
directed
in
a
22
notice
issued
by
another
state,
except
that
a
payor
of
income
23
shall
follow
the
laws
of
the
obligor’s
principal
place
of
24
employment
when
determining
all
of
the
following:
25
(1)
(a)
The
payor’s
fee
for
processing
an
income
26
withholding
payment.
27
(2)
(b)
The
maximum
amount
permitted
to
be
withheld
from
28
the
obligor’s
income.
29
(3)
(c)
The
time
periods
for
implementing
the
income
30
withholding
order
and
forwarding
the
support
payments.
31
(4)
(d)
The
priorities
for
withholding
and
allocating
32
income
withheld
for
multiple
child
support
obligees.
33
(5)
(e)
Any
withholding
terms
or
conditions
not
specified
34
in
the
order.
35
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b.
(2)
A
payor
of
income
who
complies
with
an
income
1
withholding
notice
that
is
regular
on
its
face
shall
not
be
2
subject
to
any
civil
liability
to
any
individual
or
agency
for
3
conduct
in
compliance
with
the
notice.
4
12.
l.
The
payor
of
income
shall
comply
with
chapter
252K
5
when
receiving
a
notice
of
income
withholding
from
another
6
state.
7
13.
m.
The
department
shall
establish
criteria
and
a
8
phased-in
schedule
to
require,
no
later
than
June
30,
2015,
9
payors
of
income
to
electronically
transmit
the
amounts
10
withheld
under
an
income
withholding
order.
The
department
11
shall
assist
payors
of
income
in
complying
with
the
required
12
electronic
transmission,
and
shall
adopt
rules
setting
forth
13
procedures
for
use
in
electronic
transmission
of
funds,
and
14
exemption
from
use
of
electronic
transmission
taking
into
15
consideration
any
undue
hardship
electronic
transmission
16
creates
for
payors
of
income.
17
Sec.
56.
Section
256.9,
subsection
55,
paragraph
a,
Code
18
2013,
is
amended
to
read
as
follows:
19
a.
The
Iowa
dietetic
association
academy
of
nutrition
and
20
dietetics
.
21
Sec.
57.
Section
256.18A,
Code
2013,
is
amended
to
read
as
22
follows:
23
256.18A
Service
learning.
24
The
board
of
directors
of
a
school
district
or
the
25
authorities
in
charge
of
a
nonpublic
school
may
require
a
26
certain
number
of
service
learning
units
as
a
condition
for
27
the
inclusion
of
a
service
learning
endorsement
on
a
student’s
28
diploma
or
as
a
condition
of
graduation
from
the
district
29
or
school.
For
purposes
of
this
paragraph
section
,
“service
30
learning”
means
a
method
of
teaching
and
learning
which
engages
31
students
in
solving
problems
and
addressing
issues
in
their
32
school
or
greater
community
as
part
of
the
academic
curriculum.
33
Sec.
58.
Section
256.42,
subsection
6,
Code
2013,
is
amended
34
to
read
as
follows:
35
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417
6.
Coursework
offered
under
the
initiative
shall
be
1
rigorous
and
high
quality,
and
the
department
shall
annually
2
evaluate
the
quality
of
the
courses
,
and
ensure
that
coursework
3
is
aligned
with
the
state’s
core
curriculum
and
core
content
4
requirements
and
standards,
as
well
as
national
standards
5
of
quality
for
online
courses
issued
by
an
internationally
6
recognized
association
for
kindergarten
through
grade
twelve
7
online
learning.
8
Sec.
59.
Section
258.16,
subsection
3,
paragraph
d,
Code
9
2013,
is
amended
to
read
as
follows:
10
d.
Implement
the
procedures
and
contract,
at
the
request
11
of
the
director
of
the
board
of
vocational
education,
for
the
12
delivery
of
vocational
education
programs
and
services
pursuant
13
to
section
256.11,
subsection
4
,
and
section
256.11,
subsection
14
5
,
paragraph
“h”
,
and
section
260C.14,
subsection
1
.
15
Sec.
60.
Section
261B.2,
subsection
5,
paragraph
c,
Code
16
2013,
is
amended
to
read
as
follows:
17
c.
Uses
in
its
name
the
term
“college”
,
“academy”
,
18
“institute”
,
or
“university”
or
a
similar
term
to
imply
that
19
the
person
is
primarily
engaged
in
the
education
of
students
20
at
the
postsecondary
level,
and
which
makes
a
charge
charges
21
for
its
services.
22
Sec.
61.
Section
261B.9,
subsection
7,
Code
2013,
is
amended
23
to
read
as
follows:
24
7.
The
disclosures
required
by
the
department
of
education
25
for
an
out-of-state
school
that
the
state
board
of
education
26
approves
to
offer
a
practitioner
preparation
program
by
27
distance
delivery
method.
28
Sec.
62.
Section
261E.5,
subsection
3,
Code
2013,
is
amended
29
to
read
as
follows:
30
3.
From
the
funds
allocated
pursuant
to
section
261E.13,
31
subsection
1
,
paragraph
“d”
,
the
department
shall
remit
amounts
32
to
the
college
board
for
advanced
placement
examinations
33
administered
by
the
college
board
for
students
enrolled
in
34
school
districts
and
accredited
nonpublic
schools
pursuant
35
-28-
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417
(4)
85
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143
H.F.
417
to
subsection
2
and
shall
distribute
an
amount
per
student
1
to
a
school
district
submitting
a
list
of
students
properly
2
registered
for
the
advanced
placement
examinations
pursuant
to
3
subsection
2
.
The
remittance
rates
to
the
college
board
and
4
distribution
amounts
to
the
school
districts
in
accordance
with
5
this
subsection
for
the
fiscal
year
beginning
July
1,
2008,
are
6
as
follows:
thirty-eight
7
a.
Thirty-eight
dollars
for
each
school
district
or
8
accredited
nonpublic
school
student
who
does
not
qualify
for
9
fee
reduction
;
twenty-seven
.
10
b.
Twenty-seven
dollars
for
each
school
district
or
11
accredited
nonpublic
school
student
who
qualifies
for
fee
12
reduction
;
and
eight
.
13
c.
Eight
dollars
to
the
school
district
for
each
school
14
district
or
accredited
nonpublic
school
student
who
was
listed
15
by
the
school
district
and
who
takes
an
advanced
placement
16
examination
in
accordance
with
this
section
.
17
Sec.
63.
Section
263B.3,
Code
2013,
is
amended
to
read
as
18
follows:
19
263B.3
Agreements
with
federal
departments.
20
The
state
archaeologist
is
authorized
to
enter
agreements
21
and
cooperative
efforts
with
the
United
States
commissioner
22
of
public
roads
federal
highway
administrator
,
the
United
23
States
departments
of
commerce,
interior,
agriculture
,
and
24
defense,
and
any
other
federal
or
state
agencies
concerned
with
25
archaeological
salvage
or
the
preservation
of
antiquities.
26
Sec.
64.
Section
266.48,
subsection
1,
paragraph
a,
Code
27
2013,
is
amended
to
read
as
follows:
28
a.
Iowa
state
university,
in
cooperation
with
the
department
29
of
agriculture
and
land
stewardship
and
the
department
of
30
natural
resources,
shall
establish
a
cost-share
program
for
the
31
livestock
odor
mitigation
research
efforts
as
established
in
32
sections
266.43
through
266.45
that
maximizes
participation
33
in
the
livestock
odor
mitigation
research
efforts
so
as
to
34
accomplish
the
purposes
in
section
266.42,
subsection
1
.
35
-29-
HF
417
(4)
85
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143
H.F.
417
Sec.
65.
Section
272.31,
subsection
5,
Code
2013,
is
amended
1
to
read
as
follows:
2
5.
The
state
board
of
education
shall
work
with
institutions
3
of
higher
education,
private
colleges
and
universities,
4
community
colleges,
area
education
agencies,
and
professional
5
organizations
to
ensure
that
the
courses
and
programs
required
6
for
authorization
authorizations
under
this
section
are
offered
7
throughout
the
state
at
convenient
times
and
at
a
reasonable
8
cost.
9
Sec.
66.
Section
273.3,
subsection
2,
Code
2013,
is
amended
10
to
read
as
follows:
11
2.
Be
authorized
to
receive
and
expend
money
for
providing
12
programs
and
services
as
provided
in
sections
273.1
,
273.2
,
13
this
section
,
sections
273.4
to
273.9
,
and
chapters
256B
14
and
257
.
All
costs
incurred
in
providing
the
programs
and
15
services,
including
administrative
costs,
shall
be
paid
from
16
funds
received
pursuant
to
sections
273.1
,
273.2,
this
section,
17
sections
273.4
to
273.9
and
chapters
256B
and
257
.
18
Sec.
67.
Section
280.10,
subsection
4,
Code
2013,
is
amended
19
to
read
as
follows:
20
4.
“Industrial
quality
eye-protective
devices”
,
as
used
21
in
this
section
,
means
devices
meeting
American
national
22
standard
,
practice
for
occupational
and
educational
eye
and
23
face
protection
promulgated
by
the
American
national
standards
24
institute,
inc.
25
Sec.
68.
Section
321.105A,
subsection
5,
paragraph
b,
Code
26
2013,
is
amended
to
read
as
follows:
27
b.
If
an
amount
of
the
fee
for
new
registration
represented
28
by
a
dealer
to
a
purchaser
is
computed
upon
a
purchase
price
29
that
is
not
subject
to
the
fee
for
new
registration
or
the
30
amount
represented
is
in
excess
of
the
actual
amount
subject
31
to
the
fee
and
the
amount
represented
is
actually
paid
by
32
the
purchaser
to
the
dealer,
the
excess
amount
of
fee
for
33
new
registration
paid
shall
be
returned
to
the
purchaser
34
upon
proper
notification
to
the
dealer
by
the
purchaser
that
35
-30-
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417
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85
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143
H.F.
417
an
excess
payment
exists.
“Proper”
notification
is
written
1
notification
which
allows
a
dealer
at
least
sixty
days
to
2
respond
and
which
contains
enough
information
to
allow
a
dealer
3
to
determine
the
validity
of
a
purchaser’s
claim
that
an
excess
4
amount
of
fee
for
new
registration
has
been
paid.
No
cause
5
of
action
shall
accrue
against
a
dealer
for
excess
fee
for
6
new
registration
paid
until
sixty
days
after
proper
notice
7
notification
has
been
given
the
dealer
by
the
purchaser.
8
Sec.
69.
Section
322.33,
subsection
2,
Code
2013,
is
amended
9
to
read
as
follows:
10
2.
Article
Chapter
537,
article
2,
parts
5
and
6
,
and
11
chapter
537,
article
3
,
sections
537.3203
,
537.3206
,
537.3209
,
12
537.3304
,
537.3305
,
and
537.3306
shall
apply
to
any
credit
13
transaction
as
defined
in
section
537.1301
,
that
is
a
retail
14
installment
transaction.
For
the
purpose
of
applying
15
provisions
of
the
consumer
credit
code
in
those
transactions,
16
“consumer
credit
sale”
shall
include
a
sale
for
a
business
17
purpose.
18
Sec.
70.
Section
322A.1,
subsection
5,
paragraph
a,
19
subparagraphs
(3)
and
(5),
Code
2013,
are
amended
to
read
as
20
follows:
21
(3)
The
franchisee,
as
an
independent
business,
constitutes
22
a
component
of
the
franchiser’s
distribution
system.
23
(5)
The
operation
of
the
franchisee’s
business
is
24
substantially
reliant
on
the
franchiser
for
the
continued
25
supply
of
motor
vehicles,
parts,
and
accessories.
26
Sec.
71.
Section
326.2,
subsection
6,
paragraph
a,
Code
27
2013,
is
amended
to
read
as
follows:
28
a.
A
one-way
movement
from
one
point
originating
outside
29
this
state
and
destined
to
for
another
point
outside
this
30
state.
31
Sec.
72.
Section
331.362,
subsection
1,
Code
2013,
is
32
amended
to
read
as
follows:
33
1.
A
county
has
jurisdiction
over
secondary
roads
as
34
provided
in
section
306.4,
subsection
2
,
section
306.4,
35
-31-
HF
417
(4)
85
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143
H.F.
417
subsection
5
,
paragraph
“b”
,
and
section
306.4,
subsection
6
,
1
paragraph
“b”
.
2
Sec.
73.
Section
331.382,
subsection
8,
paragraph
a,
Code
3
2013,
is
amended
to
read
as
follows:
4
a.
The
board
is
subject
to
chapter
161F
,
chapters
357
5
through
358
,
or
chapter
468,
subchapters
I
through
III
,
chapter
6
468,
subchapter
IV,
parts
1
and
2
,
or
chapter
468,
subchapter
7
V
,
as
applicable,
in
acting
relative
to
a
special
district
8
authorized
under
any
of
those
chapters.
9
Sec.
74.
Section
331.390,
subsection
2,
paragraph
a,
Code
10
2013,
is
amended
to
read
as
follows:
11
a.
The
voting
membership
of
the
governing
board
shall
12
consist
of
at
least
one
board
of
supervisors
member
from
each
13
county
comprising
the
regions
region
or
their
designees.
14
Sec.
75.
Section
331.390,
subsection
3,
paragraph
b,
Code
15
2013,
is
amended
to
read
as
follows:
16
b.
The
regional
administrator
staff
shall
include
17
one
or
more
coordinators
of
disability
services.
A
18
coordinator
shall
possess
a
bachelor’s
or
higher
level
19
degree
in
a
human
services-related
or
administrative-related
20
administration-related
field,
including
but
not
limited
21
to
social
work,
psychology,
nursing,
or
public
or
business
22
administration,
from
an
accredited
college
or
university.
23
However,
in
lieu
of
a
degree
in
public
or
business
24
administration,
a
coordinator
may
provide
documentation
of
25
relevant
management
experience.
An
action
of
a
coordinator
26
involving
a
clinical
decision
shall
be
made
in
conjunction
27
with
a
professional
who
is
trained
in
the
delivery
of
the
28
mental
health
or
disability
service
addressed
by
the
clinical
29
decision.
The
regional
administrator
shall
determine
whether
30
referral
to
a
coordinator
of
disability
services
is
required
31
for
a
person
seeking
to
access
a
service
through
a
local
access
32
point
of
the
regional
service
system.
33
Sec.
76.
Section
331.552,
subsection
25,
Code
2013,
is
34
amended
to
read
as
follows:
35
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417
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143
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417
25.
Carry
out
duties
relating
to
the
funding
of
drainage
1
districts
as
provided
in
chapter
468,
subchapter
I,
parts
1
to
2
5
,
chapter
468,
subchapter
II,
parts
1
,
5
,
and
6
,
chapter
468,
3
subchapter
III
,
and
chapter
468,
subchapter
IV,
parts
1
and
2
.
4
Sec.
77.
Section
341A.2,
Code
2013,
is
amended
to
read
as
5
follows:
6
341A.2
Civil
service
commission.
7
1.
Subject
to
the
alternate
plan
enumerated
in
section
8
341A.3
,
there
is
created
in
each
county
a
civil
service
9
commission
composed
of
three
members.
Two
members
shall
be
10
appointed
by
the
county
board
of
supervisors
and
one
member
11
shall
be
appointed
by
the
county
attorney
of
each
county.
12
Appointees
to
the
commission
shall
be
residents
of
the
county
13
for
at
least
two
years
immediately
preceding
appointment,
14
and
shall
be
electors.
Terms
of
office
shall
be
six
years;
15
however,
the
initial
members
of
the
commission
shall
be
16
appointed
as
follows:
17
a.
One
of
the
members
appointed
by
the
board
of
supervisors
18
shall
serve
for
a
period
of
two
years
while
the
other
member
19
shall
serve
for
a
period
of
six
years
and
the
board
shall
20
specify
the
term
of
each
member
so
appointed.
21
b.
The
member
appointed
by
the
county
attorney
shall
serve
22
for
a
period
of
four
years.
23
2.
Any
member
of
the
commission
may
be
removed
by
the
24
appointing
authority
for
incompetence,
dereliction
of
duty,
25
malfeasance
in
office,
or
for
other
good
cause;
however,
no
26
member
of
the
commission
shall
be
removed
until
apprised
27
in
writing
of
the
nature
of
the
charges
against
the
member
28
and
a
hearing
on
such
charges
has
been
held
before
the
29
board
of
supervisors.
In
the
event
a
vacancy
occurs
in
the
30
commission
for
any
reason
other
than
expiration
of
the
term,
an
31
appointment
to
fill
the
vacancy
for
the
unexpired
term
shall
be
32
made
in
the
same
manner
as
the
original
appointment.
33
3.
A
majority
vote
of
the
membership
of
the
commission
shall
34
be
sufficient
to
transact
the
business
of
the
commission.
35
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417
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417
4.
Not
more
than
two
commissioners
shall
be
members
of
the
1
same
political
party.
Commissioners
shall
hold
no
elective
2
or
other
appointive
public
office
during
their
terms
of
3
appointment
to
the
commission.
Commissioners
shall
serve
4
without
compensation
but
shall
be
reimbursed
for
necessary
5
expense
and
mileage
incurred
in
the
actual
performance
of
their
6
duties.
7
Sec.
78.
Section
350.4,
subsection
9,
paragraph
a,
Code
8
2013,
is
amended
to
read
as
follows:
9
a.
To
participate
in
watershed
projects
of
soil
and
water
10
conservation
districts
and
the
federal
government
and
in
11
projects
of
drainage
districts
organized
under
the
provisions
12
of
chapter
161F
and
,
chapter
468,
subchapter
I,
parts
1
through
13
5
,
and
chapter
468,
subchapter
II,
parts
1
,
5
,
and
6
,
for
the
14
purpose
of
increasing
the
recreational
resources
of
the
county.
15
Sec.
79.
Section
354.9,
subsection
3,
Code
2013,
is
amended
16
to
read
as
follows:
17
3.
If
cities
establish
overlapping
areas
of
review
outside
18
their
boundaries,
then
the
cities
shall
establish
by
agreement
19
pursuant
to
chapter
28E
reasonable
standards
and
conditions
20
for
review
of
subdivisions
within
the
overlapping
area.
If
no
21
agreement
is
recorded
pursuant
to
chapter
28E
then
the
city
22
which
is
closest
to
the
boundary
of
the
subdivision
shall
have
23
authority
to
review
of
the
subdivision.
24
Sec.
80.
Section
355.7,
subsection
6,
Code
2013,
is
amended
25
to
read
as
follows:
26
6.
a.
The
plat
shall
show
the
lengths
and
bearings
of
27
the
boundaries
of
the
parcels
surveyed.
The
course
of
each
28
boundary
line
shown
on
the
plat
may
be
indicated
by
a
direct
29
bearing
reference
or
by
an
angle
between
the
boundary
line
and
30
an
intersecting
line
having
a
shown
bearing,
except
when
the
31
boundary
line
has
an
irregular
or
constantly
changing
course,
32
as
along
a
body
of
water,
or
when
a
description
of
the
boundary
33
line
is
better
achieved
by
measurements
shown
at
points
or
34
intervals
along
a
meander
line
or
an
offset
line
having
a
shown
35
-34-
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417
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143
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417
course.
The
bearings
shall
be
referenced
to
a
United
States
1
public
land
survey
system
land
line,
or
recorded
subdivision
2
line.
If
the
boundary
lines
show
bearings,
lengths,
or
3
locations
which
vary
from
those
recorded
in
deeds,
abutting
4
plats,
or
other
instruments
of
record,
the
following
note
shall
5
be
placed
along
the
lines:
“recorded
6
Recorded
as
(show
recorded
bearing,
length,
or
location)”
7
location)
.
8
b.
Bearings
and
angles
shown
shall
be
given
to
at
least
the
9
nearest
minute
of
arc.
10
Sec.
81.
Section
355.8,
subsection
8,
Code
2013,
is
amended
11
to
read
as
follows:
12
8.
a.
The
plat
shall
show
the
lengths
and
bearings
of
13
the
boundaries
of
the
tracts
surveyed.
The
course
of
each
14
boundary
line
shown
on
the
plat
may
be
indicated
by
a
direct
15
bearing
reference
or
by
an
angle
between
the
boundary
line
and
16
an
intersecting
line
having
a
shown
bearing,
except
when
the
17
boundary
line
has
an
irregular
or
constantly
changing
course,
18
as
along
a
body
of
water,
or
when
a
description
of
the
boundary
19
line
is
better
achieved
by
measurements
shown
at
points
or
20
intervals
along
a
meander
line
or
an
offset
line
having
a
shown
21
course.
The
bearing
shall
be
referenced
to
a
United
States
22
public
land
survey
system
land
line,
or
recorded
subdivision
23
line.
If
the
boundary
lines
show
bearings,
lengths,
or
24
locations
which
vary
from
those
recorded
in
deeds,
abutting
25
plats,
or
other
instruments
of
record,
the
following
note
shall
26
be
placed
along
the
lines:
“recorded
27
Recorded
as
(show
recorded
bearing,
length,
or
location)”
28
location)
.
29
b.
Bearings
and
angles
shown
shall
be
given
to
at
least
the
30
nearest
minute
of
arc.
31
Sec.
82.
Section
384.6,
subsection
1,
paragraph
b,
Code
32
2013,
is
amended
to
read
as
follows:
33
b.
If
a
police
chief
or
fire
chief
has
submitted
a
34
written
request
to
the
board
of
trustees
to
be
exempt
from
35
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417
chapter
411
,
authorized
in
section
411.3,
subsection
1
,
a
1
city
shall
make
contributions
for
the
chief,
in
an
amount
2
not
to
exceed
the
amount
that
would
have
been
contributed
by
3
the
city
under
section
411.8,
subsection
1
,
paragraph
“a”
,
4
to
the
international
city
management
association/retirement
5
association
retirement
corporation.
6
Sec.
83.
Section
419.4,
subsection
2,
paragraph
a,
7
subparagraph
(5),
Code
2013,
is
amended
to
read
as
follows:
8
(5)
The
creation,
maintenance,
custody,
investment
and
9
reinvestment
and
use
of
special
funds
from
the
revenues
of
such
10
project
,
and
.
11
Sec.
84.
Section
419.4,
subsection
2,
paragraph
b,
Code
12
2013,
is
amended
to
read
as
follows:
13
b.
(1)
A
municipality
shall
have
the
power
to
provide
14
that
proceeds
from
the
sale
of
bonds
and
special
funds
from
15
the
revenues
of
the
project
shall
be
invested
and
reinvested
16
in
such
securities
and
other
investments
as
shall
be
provided
17
in
the
proceedings
under
which
the
bonds
are
authorized
to
be
18
issued
including:
19
(1)
(a)
Obligations
issued
or
guaranteed
by
the
United
20
States
;
.
21
(2)
(b)
Obligations
issued
or
guaranteed
by
any
person
22
controlled
or
supervised
by
and
acting
as
an
instrumentality
of
23
the
United
States
pursuant
to
authority
granted
by
the
Congress
24
of
the
United
States
;
.
25
(3)
(c)
Obligations
issued
or
guaranteed
by
any
state
26
of
the
United
States,
or
the
District
of
Columbia,
or
any
27
political
subdivision
of
any
such
state
or
district
;
.
28
(4)
(d)
Prime
commercial
paper
;
.
29
(5)
(e)
Prime
finance
company
paper
;
.
30
(6)
(f)
Bankers’
acceptances
drawn
on
and
accepted
by
banks
31
organized
under
the
laws
of
any
state
or
of
the
United
States
;
.
32
(7)
(g)
Repurchase
agreements
fully
secured
by
obligations
33
issued
or
guaranteed
by
the
United
States
or
by
any
person
34
controlled
or
supervised
by
and
acting
as
an
instrumentality
of
35
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417
the
United
States
pursuant
to
authority
granted
by
the
Congress
1
of
the
United
States
;
and
.
2
(8)
(h)
Certificates
of
deposit
issued
by
banks
organized
3
under
the
laws
of
any
state
or
of
the
United
States;
whether
4
or
not
such
investment
or
reinvestment
is
authorized
under
any
5
other
law
of
this
state.
The
municipality
shall
also
have
the
6
power
to
provide
that
such
proceeds
or
funds
or
investments
and
7
the
amounts
payable
under
the
lease,
sale
contract,
or
loan
8
agreement
shall
be
received,
held
and
disbursed
by
one
or
more
9
banks
or
trust
companies
located
in
or
out
of
the
state
of
10
Iowa.
11
(2)
A
municipality
shall
also
have
the
power
to
provide
12
that
the
project
and
improvements
shall
be
constructed
by
the
13
municipality,
lessee,
the
lessee’s
designee,
the
contracting
14
party,
or
the
contracting
party’s
designee,
or
any
one
or
15
more
of
them
on
real
estate
owned
by
the
municipality,
the
16
lessee,
the
lessee’s
designee,
the
contracting
party,
or
the
17
contracting
party’s
designee,
as
the
case
may
be,
and
that
the
18
bond
proceeds
shall
be
disbursed
by
the
trustee
bank
or
banks,
19
trust
company
or
trust
companies,
during
construction
upon
the
20
estimate,
order
or
certificate
of
the
lessee,
the
lessee’s
21
designee,
the
contracting
party,
or
the
contracting
party’s
22
designee.
23
Sec.
85.
Section
421.24,
subsection
3,
Code
2013,
is
amended
24
to
read
as
follows:
25
3.
a.
For
the
purposes
of
this
section
,
the
words
“tax”
26
and
“taxes”
shall
include
interest
and
penalties
due
under
any
27
taxing
statute,
and
liability
for
such
interest
or
penalties,
28
or
both,
due
under
a
taxing
statute
of
another
state
or
a
29
political
subdivision
thereof,
shall
be
recognized
and
enforced
30
by
the
courts
of
this
state
to
the
same
extent
that
the
laws
31
of
such
other
state
permit
the
enforcement
in
its
courts
of
32
liability
for
such
interest
or
penalties,
or
both,
due
under
33
a
taxing
statute
of
this
state
or
a
political
subdivision
34
thereof.
35
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417
b.
The
courts
of
this
state
may
not
enforce
interest
rates
1
or
penalties
on
taxes
of
any
other
state
which
exceed
the
2
interest
rates
and
penalties
imposed
by
the
state
of
Iowa
for
3
the
same
or
a
similar
tax.
4
Sec.
86.
Section
422.16,
subsection
10,
paragraph
c,
Code
5
2013,
is
amended
to
read
as
follows:
6
c.
If
any
withholding
agent,
being
a
domestic
or
foreign
7
corporation,
required
under
the
provisions
of
this
section
8
to
withhold
on
wages
or
other
taxable
Iowa
income
subject
to
9
this
chapter
,
fails
to
withhold
the
amounts
required
to
be
10
withheld,
make
the
required
returns
or
remit
to
the
department
11
the
amounts
withheld,
the
director
may,
having
exhausted
all
12
other
means
of
enforcement
of
the
provisions
of
this
chapter
,
13
certify
such
fact
or
facts
to
the
secretary
of
state,
who
shall
14
thereupon
cancel
the
articles
of
incorporation
or
certificate
15
of
authority
,
(as
as
the
case
may
be)
be,
of
such
corporation,
16
and
the
rights
of
such
corporation
to
carry
on
business
in
the
17
state
of
Iowa
shall
thereupon
cease.
The
secretary
of
state
18
shall
immediately
notify
by
registered
mail
such
domestic
or
19
foreign
corporation
of
the
action
taken
by
the
secretary
of
20
state.
The
provisions
of
section
422.40,
subsection
3
,
shall
21
be
applicable.
22
Sec.
87.
Section
422.20,
subsection
3,
paragraph
a,
Code
23
2013,
is
amended
to
read
as
follows:
24
a.
Unless
otherwise
expressly
permitted
by
section
8A.504
,
25
section
8G.4
,
section
96.11,
subsection
6
,
section
421.17,
26
subsections
22
,
23
,
and
26
,
section
421.17,
subsection
27
,
27
paragraph
“k”
,
and
section
421.17,
subsection
31
,
section
28
252B.9
,
section
321.40,
subsection
6
,
sections
321.120
,
421.19
,
29
421.28
,
422.72
,
and
452A.63
,
and
this
section
,
a
tax
return,
30
return
information,
or
investigative
or
audit
information
31
shall
not
be
divulged
to
any
person
or
entity,
other
than
the
32
taxpayer,
the
department,
or
internal
revenue
service
for
use
33
in
a
matter
unrelated
to
tax
administration.
34
Sec.
88.
Section
422.32,
subsection
2,
Code
2013,
is
amended
35
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417
to
read
as
follows:
1
2.
The
words,
terms,
and
phrases
defined
in
division
II,
2
section
422.4,
subsections
4
to
6,
8,
9,
13,
and
15
to
17
,
when
3
used
in
this
division
,
shall
have
the
meanings
ascribed
to
them
4
in
said
section
except
where
the
context
clearly
indicates
a
5
different
meaning.
6
Sec.
89.
Section
422.33,
subsection
5,
Code
2013,
is
amended
7
to
read
as
follows:
8
5.
a.
The
taxes
imposed
under
this
division
shall
9
be
reduced
by
a
state
tax
credit
for
increasing
research
10
activities
in
this
state
equal
to
the
sum
of
the
following:
11
(1)
Six
and
one-half
percent
of
the
excess
of
qualified
12
research
expenses
during
the
tax
year
over
the
base
amount
for
13
the
tax
year
based
upon
the
state’s
apportioned
share
of
the
14
qualifying
expenditures
for
increasing
research
activities.
15
(2)
Six
and
one-half
percent
of
the
basic
research
payments
16
determined
under
section
41(e)(1)(A)
of
the
Internal
Revenue
17
Code
during
the
tax
year
based
upon
the
state’s
apportioned
18
share
of
the
qualifying
expenditures
for
increasing
research
19
activities.
20
b.
The
state’s
apportioned
share
of
the
qualifying
21
expenditures
for
increasing
research
activities
is
a
percent
22
equal
to
the
ratio
of
qualified
research
expenditures
in
this
23
state
to
the
total
qualified
research
expenditures.
24
b.
c.
In
lieu
of
the
credit
amount
computed
in
paragraph
25
“a”
,
subparagraph
(1),
a
corporation
may
elect
to
compute
the
26
credit
amount
for
qualified
research
expenses
incurred
in
this
27
state
in
a
manner
consistent
with
the
alternative
simplified
28
credit
described
in
section
41(c)(5)
of
the
Internal
Revenue
29
Code.
The
taxpayer
may
make
this
election
regardless
of
30
the
method
used
for
the
taxpayer’s
federal
income
tax.
The
31
election
made
under
this
paragraph
is
for
the
tax
year
and
the
32
taxpayer
may
use
another
or
the
same
method
for
any
subsequent
33
year.
34
c.
d.
For
purposes
of
the
alternate
credit
computation
35
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143
H.F.
417
method
in
paragraph
“b”
“c”
,
the
credit
percentages
applicable
1
to
qualified
research
expenses
described
in
section
41(c)(5)(A)
2
and
clause
(ii)
of
section
41(c)(5)(B)
of
the
Internal
Revenue
3
Code
are
four
and
fifty-five
hundredths
percent
and
one
and
4
ninety-five
hundredths
percent,
respectively.
5
d.
e.
(1)
For
purposes
of
this
subsection
,
“base
amount”
,
6
“basic
research
payment”
,
and
“qualified
research
expense”
mean
7
the
same
as
defined
for
the
federal
credit
for
increasing
8
research
activities
under
section
41
of
the
Internal
Revenue
9
Code,
except
that
for
the
alternative
simplified
credit
such
10
amounts
are
for
research
conducted
within
this
state.
11
(2)
For
purposes
of
this
subsection
,
“Internal
Revenue
Code”
12
means
the
Internal
Revenue
Code
in
effect
on
January
1,
2012.
13
e.
f.
Any
credit
in
excess
of
the
tax
liability
for
the
14
taxable
year
shall
be
refunded
with
interest
computed
under
15
section
422.25
.
In
lieu
of
claiming
a
refund,
a
taxpayer
may
16
elect
to
have
the
overpayment
shown
on
its
final,
completed
17
return
credited
to
the
tax
liability
for
the
following
taxable
18
year.
19
f.
Reserved.
20
g.
A
corporation
which
is
an
eligible
business
may
claim
an
21
additional
research
activities
credit
authorized
pursuant
to
22
section
15.335
.
23
h.
The
department
shall
by
February
15
of
each
year
issue
24
an
annual
report
to
the
general
assembly
containing
the
total
25
amount
of
all
claims
made
by
employers
under
this
subsection
26
and
the
portion
of
the
claims
issued
as
refunds,
for
all
claims
27
processed
during
the
previous
calendar
year.
The
report
shall
28
contain
the
name
of
each
claimant
for
whom
a
tax
credit
in
29
excess
of
five
hundred
thousand
dollars
was
issued
and
the
30
amount
of
the
credit
received.
31
Sec.
90.
Section
422.70,
subsection
1,
Code
2013,
is
amended
32
to
read
as
follows:
33
1.
The
director,
for
the
purpose
of
ascertaining
the
34
correctness
of
a
return
or
for
the
purpose
of
making
an
35
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H.F.
417
estimate
of
the
taxable
income
or
receipts
of
a
taxpayer,
has
1
power
the
following
powers
:
2
a.
To
examine
or
cause
to
be
examined
by
an
agent
or
3
representative
designated
by
the
director,
books,
papers,
4
records,
or
memoranda
;
to
.
5
b.
To
require
by
subpoena
the
attendance
and
testimony
of
6
witnesses;
to
issue
and
sign
subpoenas
;
to
.
7
c.
To
administer
oaths,
to
examine
witnesses
and
receive
8
evidence
;
to
.
9
d.
To
compel
witnesses
to
produce
for
examination
books,
10
papers,
records,
and
documents
relating
to
any
matter
which
the
11
director
has
the
authority
to
investigate
or
determine.
12
Sec.
91.
Section
422.72,
subsection
3,
paragraph
a,
Code
13
2013,
is
amended
to
read
as
follows:
14
a.
Unless
otherwise
expressly
permitted
by
section
8A.504
,
15
section
8G.4
,
section
96.11,
subsection
6
,
section
421.17,
16
subsections
22,
23,
and
26
,
section
421.17,
subsection
27
,
17
paragraph
“k”
,
and
section
421.17,
subsection
31
,
section
18
252B.9
,
section
321.40,
subsection
6
,
sections
321.120
,
421.19
,
19
421.28
,
422.20
,
and
452A.63
,
and
this
section
,
a
tax
return,
20
return
information,
or
investigative
or
audit
information
21
shall
not
be
divulged
to
any
person
or
entity,
other
than
the
22
taxpayer,
the
department,
or
internal
revenue
service
for
use
23
in
a
matter
unrelated
to
tax
administration.
24
Sec.
92.
Section
422D.1,
subsection
2,
paragraph
a,
25
unnumbered
paragraph
1,
Code
2013,
is
amended
to
read
as
26
follows:
27
The
taxes
for
emergency
medical
services
shall
only
be
28
imposed
after
an
election
at
which
a
majority
of
those
voting
29
on
the
question
of
imposing
the
tax
or
combination
of
taxes
30
specified
in
subsection
1
,
paragraph
“a”
,
subparagraph
(1)
31
or
(2),
vote
in
favor
of
the
question.
However,
the
tax
or
32
combination
of
taxes
specified
in
subsection
1
shall
not
be
33
imposed
on
property
within
or
on
residents
of
a
benefited
34
emergency
medical
services
district
under
chapter
357F
.
The
35
-41-
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417
(4)
85
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143
H.F.
417
question
of
imposing
the
tax
or
combination
of
the
taxes
may
1
be
submitted
at
the
regular
city
election,
a
special
election,
2
or
state
the
general
election.
Notice
of
the
question
shall
3
be
provided
by
publication
at
least
sixty
days
before
the
time
4
of
the
election
and
shall
identify
the
tax
or
combination
of
5
taxes
and
the
rate
or
rates,
as
applicable.
If
a
majority
of
6
those
voting
on
the
question
approve
the
imposition
of
the
tax
7
or
combination
of
taxes,
the
tax
or
combination
of
taxes
shall
8
be
imposed
as
follows:
9
Sec.
93.
Section
423.3,
subsection
18,
paragraph
c,
Code
10
2013,
is
amended
to
read
as
follows:
11
c.
Rehabilitation
facilities
that
provide
accredited
12
rehabilitation
services
to
persons
with
disabilities
which
are
13
accredited
by
the
commission
on
accreditation
of
rehabilitation
14
facilities
or
the
accreditation
council
for
services
for
15
persons
with
an
intellectual
disability
and
other
persons
with
16
developmental
disabilities
on
quality
and
leadership
and
adult
17
day
care
services
approved
for
reimbursement
by
the
state
18
department
of
human
services.
19
Sec.
94.
Section
423.5,
Code
2013,
is
amended
to
read
as
20
follows:
21
423.5
Imposition
of
tax.
22
1.
Except
as
provided
in
subsection
3
paragraph
“c”
,
an
23
excise
tax
at
the
rate
of
six
percent
of
the
purchase
price
or
24
installed
purchase
price
is
imposed
on
the
following:
25
1.
a.
The
use
in
this
state
of
tangible
personal
property
26
as
defined
in
section
423.1
,
including
aircraft
subject
to
27
registration
under
section
328.20
,
purchased
for
use
in
this
28
state.
For
the
purposes
of
this
subchapter
,
the
furnishing
29
or
use
of
the
following
services
is
also
treated
as
the
use
30
of
tangible
personal
property:
optional
service
or
warranty
31
contracts,
except
residential
service
contracts
regulated
under
32
chapter
523C
,
vulcanizing,
recapping,
or
retreading
services,
33
engraving,
photography,
retouching,
printing,
or
binding
34
services,
and
communication
service
when
furnished
or
delivered
35
-42-
HF
417
(4)
85
lh/rj/md
42/
143
H.F.
417
to
consumers
or
users
within
this
state.
1
2.
b.
The
use
of
manufactured
housing
in
this
state,
on
2
the
purchase
price
if
the
manufactured
housing
is
sold
in
3
the
form
of
tangible
personal
property
or
on
the
installed
4
purchase
price
if
the
manufactured
housing
is
sold
in
the
form
5
of
realty.
6
3.
c.
An
excise
tax
at
the
rate
of
five
percent
is
imposed
7
on
the
use
of
vehicles
subject
only
to
the
issuance
of
a
8
certificate
of
title
and
the
use
of
manufactured
housing,
and
9
on
the
use
of
leased
vehicles,
if
the
lease
transaction
does
10
not
require
titling
or
registration
of
the
vehicle,
on
the
11
amount
subject
to
tax
as
calculated
pursuant
to
section
423.26,
12
subsection
2
.
13
4.
d.
Purchases
of
tangible
personal
property
made
from
14
the
government
of
the
United
States
or
any
of
its
agencies
by
15
ultimate
consumers
shall
be
subject
to
the
tax
imposed
by
this
16
section
.
Services
purchased
from
the
same
source
or
sources
17
shall
be
subject
to
the
service
tax
imposed
by
this
subchapter
18
and
apply
to
the
user
of
the
services.
19
5.
e.
The
use
in
this
state
of
services
enumerated
in
20
section
423.2
.
This
tax
is
applicable
where
the
service
is
21
first
used
in
this
state.
22
6.
2.
The
excise
tax
is
imposed
upon
every
person
using
23
the
property
within
this
state
until
the
tax
has
been
paid
24
directly
to
the
county
treasurer,
the
state
department
of
25
transportation,
a
retailer,
or
the
department.
This
tax
is
26
imposed
on
every
person
using
the
services
or
the
product
of
27
the
services
in
this
state
until
the
user
has
paid
the
tax
28
either
to
an
Iowa
use
tax
permit
holder
or
to
the
department.
29
7.
3.
For
the
purpose
of
the
proper
administration
of
the
30
use
tax
and
to
prevent
its
evasion,
evidence
that
tangible
31
personal
property
was
sold
by
any
person
for
delivery
in
this
32
state
shall
be
prima
facie
evidence
that
such
tangible
personal
33
property
was
sold
for
use
in
this
state.
34
8.
4.
Any
person
or
that
person’s
affiliate,
which
is
a
35
-43-
HF
417
(4)
85
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43/
143
H.F.
417
retailer
in
this
state
or
a
retailer
maintaining
a
place
of
1
business
in
this
state
under
this
chapter
,
that
enters
into
a
2
contract
with
an
agency
of
this
state
must
register,
collect,
3
and
remit
Iowa
use
tax
under
this
chapter
on
all
sales
of
4
tangible
personal
property
and
enumerated
services.
Every
5
bid
submitted
and
each
contract
executed
by
a
state
agency
6
shall
contain
a
certification
by
the
bidder
or
contractor
7
stating
that
the
bidder
or
contractor
is
registered
with
the
8
department
and
will
collect
and
remit
Iowa
use
tax
due
under
9
this
chapter
.
In
the
certification,
the
bidder
or
contractor
10
shall
also
acknowledge
that
the
state
agency
may
declare
the
11
contract
or
bid
void
if
the
certification
is
false.
Fraudulent
12
certification,
by
act
or
omission,
may
result
in
the
state
13
agency
or
its
representative
filing
for
damages
for
breach
of
14
contract.
15
9.
5.
The
use
tax
rate
of
six
percent
is
reduced
to
five
16
percent
on
January
1,
2030.
17
Sec.
95.
Section
423.6,
subsection
6,
Code
2013,
is
amended
18
to
read
as
follows:
19
6.
Tangible
personal
property
or
services
the
sales
price
20
of
which
is
exempt
from
the
sales
tax
under
section
423.3
,
21
except
section
423.3,
subsections
39
and
73
,
as
it
relates
to
22
the
sale,
but
not
the
lease
or
rental,
of
vehicles
subject
only
23
to
the
issuance
of
a
certificate
of
title
and
as
it
relates
to
24
aircraft
subject
to
registration
under
section
328.20
.
25
Sec.
96.
Section
426A.8,
unnumbered
paragraph
1,
Code
2013,
26
is
amended
to
read
as
follows:
27
If
the
amount
of
credit
apportioned
to
any
property
eligible
28
to
for
military
service
tax
exemption
under
this
chapter
in
29
any
year
shall
exceed
the
total
tax,
exclusive
of
any
special
30
assessments
levied
against
such
property
eligible
for
military
31
service
tax
exemption,
then
the
excess
shall
be
remitted
by
the
32
county
treasurer
to
the
department
of
revenue
to
be
redeposited
33
in
the
general
fund
of
the
state
and
reallocated
the
following
34
year
by
the
department.
35
-44-
HF
417
(4)
85
lh/rj/md
44/
143
H.F.
417
Sec.
97.
Section
426A.11,
subsection
1,
Code
2013,
is
1
amended
to
read
as
follows:
2
1.
The
property,
not
to
exceed
two
thousand
seven
hundred
3
seventy-eight
dollars
in
taxable
value
of
any
veteran,
as
4
defined
in
section
35.1
,
of
the
First
World
War
I
.
5
Sec.
98.
Section
441.16,
subsection
2,
paragraph
b,
Code
6
2013,
is
amended
to
read
as
follows:
7
b.
The
combined
budgets
shall
contain
an
itemized
list
of
8
the
proposed
salaries
of
the
assessor
and
each
deputy
,
;
the
9
amount
required
for
field
personnel
and
other
personnel,
their
10
number
,
and
their
compensation;
the
estimated
amount
needed
for
11
expenses,
printing,
mileage,
and
other
expenses
necessary
to
12
operate
the
assessor’s
office
,
;
the
estimated
expenses
of
the
13
examining
board
,
;
and
the
salaries
and
expenses
of
the
local
14
board
of
review.
15
Sec.
99.
Section
452A.2,
subsection
25,
paragraph
a,
16
subparagraph
(2),
Code
2013,
is
amended
to
read
as
follows:
17
(2)
Any
liquid
advertised,
offered
for
sale,
sold
for
18
use
as,
or
commonly
or
commercially
used
as
a
fuel
for
19
propelling
motor
vehicles
which,
when
subjected
to
distillation
20
of
gasoline,
naphtha,
kerosene
and
similar
petroleum
21
products
[ASTM
(American
society
for
testing
and
materials)
22
international
designation
D-86],
shows
not
less
than
ten
per
23
centum
percent
distilled
(recovered)
below
three
hundred
24
forty-seven
degrees
Fahrenheit
(one
hundred
seventy-five
25
degrees
Centigrade)
and
not
less
than
ninety-five
per
centum
26
percent
distilled
(recovered)
below
four
hundred
sixty-four
27
degrees
Fahrenheit
(two
hundred
forty
degrees
Centigrade).
28
Sec.
100.
Section
455B.105,
subsection
11,
paragraph
a,
29
subparagraph
(2),
Code
2013,
is
amended
to
read
as
follows:
30
(2)
The
relative
benefits
to
the
applicant
and
to
the
31
public
of
permit
and
conditional
permit
review,
issuance,
and
32
monitoring
compliance.
It
is
the
intention
of
the
legislature
33
that
permit
fees
shall
not
cover
any
costs
connected
with
34
correcting
violation
of
the
terms
of
any
permit
and
shall
not
35
-45-
HF
417
(4)
85
lh/rj/md
45/
143
H.F.
417
impose
unreasonable
costs
on
any
municipality.
1
It
is
the
intention
of
the
legislature
that
permit
fees
shall
2
not
cover
any
costs
connected
with
correcting
violation
of
the
3
terms
of
any
permit
and
shall
not
impose
unreasonable
costs
on
4
any
municipality.
5
Sec.
101.
Section
455B.474A,
Code
2013,
is
amended
to
read
6
as
follows:
7
455B.474A
Rules
consistent
with
federal
regulations.
8
The
rules
adopted
by
the
commission
under
section
9
455B.474
shall
be
consistent
with
and
shall
not
exceed
the
10
requirements
of
federal
regulations
relating
to
the
regulation
11
of
underground
storage
tanks
except
as
provided
in
section
12
455B.474,
subsection
1
,
paragraph
“a”
,
subparagraph
(6),
13
and
section
455B.474,
subsection
3
,
paragraph
“d”
.
It
is
14
the
intent
of
the
general
assembly
that
state
rules
adopted
15
pursuant
to
section
455B.474,
subsection
1
,
paragraph
“a”
,
16
subparagraph
(6),
and
section
455B.474,
subsection
3
,
paragraph
17
“d”
,
be
consistent
with
and
not
more
restrictive
than
federal
18
regulations
adopted
by
the
United
States
environmental
19
protection
agency
when
those
rules
are
adopted.
20
Sec.
102.
Section
455B.516,
subsection
9,
Code
2013,
is
21
amended
to
read
as
follows:
22
9.
a.
“Toxics
pollution
prevention”
means
employment
of
a
23
practice
which
reduces
the
industrial
use
of
toxic
substances
24
or
reduces
the
environmental
and
health
hazards
associated
25
with
an
environmental
waste
without
diluting
or
concentrating
26
the
waste
before
the
release,
handling,
storage,
transport,
27
treatment,
or
disposal
of
the
waste.
The
term
includes
toxics
28
pollution
prevention
techniques
but
does
not
include
a
practice
29
which
is
applied
to
an
environmental
waste
after
the
waste
is
30
generated
or
comes
into
existence
on
or
after
the
waste
exits
a
31
production
or
commercial
operation.
32
b.
“Toxics
pollution
prevention”
does
not
include,
promote,
33
or
require
any
of
the
following:
34
a.
(1)
Waste
burning
in
industrial
furnaces,
boilers,
35
-46-
HF
417
(4)
85
lh/rj/md
46/
143
H.F.
417
smelters,
or
cement
kilns
for
the
purpose
of
energy
recovery.
1
b.
(2)
The
transfer
of
an
environmental
waste
from
one
2
environmental
medium
to
another
environmental
medium,
the
3
workplace
environment,
or
a
product.
4
c.
(3)
Off-site
waste
recycling.
5
d.
(4)
Any
other
method
of
end-of-pipe
management
6
of
environmental
wastes
including
waste
exchange
and
the
7
incorporation
or
embedding
of
regulated
environmental
wastes
8
into
products
or
by-products.
9
Sec.
103.
Section
456A.19,
Code
2013,
is
amended
to
read
as
10
follows:
11
456A.19
Expenditures.
12
1.
All
funds
accruing
to
the
fish
and
game
protection
fund,
13
except
an
equitable
portion
of
the
administration
fund,
shall
14
be
expended
solely
in
carrying
on
fish
and
wildlife
activities.
15
Expenditures
incurred
by
the
department
in
carrying
on
the
16
activities
shall
be
only
on
authorization
by
the
general
17
assembly.
18
a.
The
department
shall
by
October
1
of
each
year
submit
to
19
the
department
of
management
for
transmission
to
the
general
20
assembly
a
detailed
estimate
of
the
amount
required
by
the
21
department
during
the
succeeding
year
for
carrying
on
fish
and
22
wildlife
activities.
The
estimate
shall
be
in
the
same
general
23
form
and
detail
as
required
by
law
in
estimates
submitted
by
24
other
state
departments.
25
b.
Any
unexpended
balance
at
the
end
of
the
biennium
shall
26
revert
to
the
fish
and
game
protection
fund.
27
c.
All
administrative
expense
shall
be
paid
from
the
28
administration
fund.
29
d.
All
other
expenditures
shall
be
paid
from
the
state
30
conservation
fund.
31
2.
All
expenditures
under
this
chapter
are
subject
to
32
approval
by
the
director
of
management
and
the
director
of
the
33
department
of
administrative
services.
34
3.
All
moneys
credited
to
the
county
conservation
board
35
-47-
HF
417
(4)
85
lh/rj/md
47/
143
H.F.
417
fund
shall
be
used
to
provide
grants
to
county
conservation
1
boards
to
provide
funding
for
the
purposes
of
chapter
350
.
2
These
grants
are
in
addition
to
moneys
appropriated
to
the
3
conservation
boards
from
the
county
boards
of
supervisors.
The
4
grants
shall
be
made
to
the
conservation
boards
based
upon
the
5
needs
of
the
boards.
Applications
shall
be
made
by
the
boards
6
to
the
commission.
7
Sec.
104.
Section
459.202,
subsection
1,
unnumbered
8
paragraphs
1
and
2,
Code
2013,
are
amended
to
read
as
follows:
9
a.
Except
as
provided
in
subsection
3
and
sections
459.203
,
10
459.205
,
and
459.206
,
this
subsection
applies
to
confinement
11
feeding
operation
structures
constructed
on
or
after
May
31,
12
1995,
but
prior
to
January
1,
1999;
and
to
the
expansion
of
13
structures
constructed
prior
to
January
1,
1999.
14
b.
The
following
table
represents
the
minimum
separation
15
distance
in
feet
required
between
a
confinement
feeding
16
operation
structure
and
a
residence
not
owned
by
the
owner
of
17
the
confinement
feeding
operation,
or
a
commercial
enterprise,
18
bona
fide
religious
institution,
or
an
educational
institution:
19
Sec.
105.
Section
459.202,
subsection
2,
unnumbered
20
paragraphs
1
and
2,
Code
2013,
are
amended
to
read
as
follows:
21
a.
Except
as
provided
in
subsection
3
and
sections
459.203
,
22
459.205
,
and
459.206
,
this
subsection
applies
to
confinement
23
feeding
operation
structures
constructed
on
or
after
January
24
1,
1999,
but
prior
to
March
1,
2003,
and
to
the
expansion
of
25
structures
constructed
on
or
after
January
1,
1999,
but
prior
26
to
March
1,
2003.
27
b.
The
following
table
represents
the
minimum
separation
28
distance
in
feet
required
between
a
confinement
feeding
29
operation
structure
and
a
residence
not
owned
by
the
owner
of
30
the
confinement
feeding
operation,
or
a
commercial
enterprise,
31
bona
fide
religious
institution,
or
an
educational
institution:
32
Sec.
106.
Section
459.202,
subsection
3,
unnumbered
33
paragraphs
1
and
2,
Code
2013,
are
amended
to
read
as
follows:
34
a.
Except
as
provided
in
sections
459.203
,
459.205
,
and
35
-48-
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417
(4)
85
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143
H.F.
417
459.206
,
this
subsection
applies
to
confinement
feeding
1
operation
structures
constructed
on
or
after
May
31,
1995,
2
but
prior
to
March
1,
2003;
to
the
expansion
of
structures
3
constructed
on
or
after
May
31,
1995,
but
prior
to
March
1,
4
2003;
and
to
the
expansion
of
structures
constructed
prior
to
5
May
31,
1995.
6
b.
The
following
table
represents
the
minimum
separation
7
distance
in
feet
required
between
a
confinement
feeding
8
operation
structure
and
a
public
use
area;
or
between
a
9
confinement
feeding
operation
structure
and
a
residence
not
10
owned
by
the
owner
of
the
confinement
feeding
operation,
a
11
commercial
enterprise,
a
bona
fide
religious
institution,
12
or
an
educational
institution,
if
the
residence,
commercial
13
enterprise,
religious
institution,
or
educational
institution
14
is
located
within
the
corporate
limits
of
a
city:
15
Sec.
107.
Section
459.202,
subsection
4,
unnumbered
16
paragraphs
1
and
2,
Code
2013,
are
amended
to
read
as
follows:
17
a.
Except
as
provided
in
subsection
5
and
sections
459.203
,
18
459.205
,
and
459.206
,
this
subsection
applies
to
confinement
19
feeding
operation
structures
constructed
on
or
after
March
1,
20
2003,
and
to
the
expansion
of
confinement
feeding
operation
21
structures
constructed
on
or
after
March
1,
2003.
22
b.
The
following
table
represents
the
minimum
separation
23
distance
in
feet
required
between
a
confinement
feeding
24
operation
structure
and
a
residence
not
owned
by
the
owner
of
25
the
confinement
feeding
operation,
a
commercial
enterprise,
a
26
bona
fide
religious
institution,
or
an
educational
institution:
27
Sec.
108.
Section
459.202,
subsection
5,
unnumbered
28
paragraphs
1
and
2,
Code
2013,
are
amended
to
read
as
follows:
29
a.
Except
as
provided
in
sections
459.203
,
459.205
,
and
30
459.206
,
this
subsection
applies
to
confinement
feeding
31
operation
structures
constructed
on
or
after
March
1,
2003,
and
32
to
the
expansion
of
confinement
feeding
operation
structures
33
constructed
on
or
after
March
1,
2003.
34
b.
The
following
table
represents
the
minimum
separation
35
-49-
HF
417
(4)
85
lh/rj/md
49/
143
H.F.
417
distance
in
feet
required
between
a
confinement
feeding
1
operation
structure
and
a
public
use
area;
or
between
a
2
confinement
feeding
operation
structure
and
a
residence
not
3
owned
by
the
owner
of
the
confinement
feeding
operation,
a
4
commercial
enterprise,
a
bona
fide
religious
institution,
5
or
an
educational
institution,
if
the
residence,
commercial
6
enterprise,
religious
institution,
or
educational
institution
7
is
located
within
the
corporate
limits
of
a
city:
8
Sec.
109.
Section
459.401,
subsection
2,
unnumbered
9
paragraph
1,
Code
2013,
is
amended
to
read
as
follows:
10
The
compliance
fund
is
composed
of
three
accounts
,
:
the
11
general
account,
the
assessment
account,
and
the
educational
12
program
account.
13
Sec.
110.
Section
468.202,
Code
2013,
is
amended
to
read
as
14
follows:
15
468.202
Agreement
in
advance.
16
The
agreement
with
the
federal
government
contemplated
in
17
section
468.201
may
be
entered
into
by
the
board
in
advance
of
18
the
filing
of
the
plan
——
plan,
such
agreement
to
be
effective
19
if
the
plan
is
finally
adopted.
If
the
plan
is
approved
the
20
board
shall
make
a
record
of
any
such
cooperative
agreement.
21
Sec.
111.
Section
468.309,
Code
2013,
is
amended
to
read
as
22
follows:
23
468.309
Appeal
by
trustees
or
boards.
24
Trustees
or
boards
of
supervisors
having
charge
of
any
25
previously
organized
district
which
is
proposed
to
be
included
26
(
either
in
whole
or
in
part
)
within
the
new
intercounty
27
district
may,
in
the
same
manner
and
under
the
same
procedure
,
28
appeal
to
the
district
court
from
the
action
of
the
joint
29
boards
in
establishing
the
new
district
or
in
including
therein
30
the
previously
organized
district
or
any
part
thereof.
31
Sec.
112.
Section
476.6,
subsection
22,
Code
2013,
is
32
amended
to
read
as
follows:
33
22.
Nuclear
generating
facilities
——
legislative
intent.
34
a.
It
is
the
intent
of
the
general
assembly
to
require
35
-50-
HF
417
(4)
85
lh/rj/md
50/
143
H.F.
417
certain
rate-regulated
public
utilities
to
undertake
analyses
1
of
and
preparations
for
the
possible
construction
of
nuclear
2
generating
facilities
in
this
state
that
would
be
beneficial
in
3
a
carbon-constrained
environment.
4
b.
A
rate-regulated
electric
utility
that
was
subject
to
5
a
revenue
sharing
settlement
agreement
with
regard
to
its
6
electric
base
rates
as
of
January
1,
2010,
shall
recover,
7
through
a
rider
and
pursuant
to
a
tariff
filing
made
on
or
8
before
December
31,
2013,
the
reasonable
and
prudent
costs
of
9
its
analyses
of
and
preparations
for
the
possible
construction
10
of
facilities
of
the
type
referenced
in
paragraph
“a”
.
Cost
11
recovery
shall
be
accomplished
by
instituting
a
revenue
12
increase
applied
in
the
same
percentage
amount
to
each
customer
13
class
and
not
designed
to
recover,
on
an
annual
basis,
more
14
than
five-tenths
percent
of
the
electric
utility’s
calendar
15
year
2009
revenues
attributable
to
billed
base
rates
in
this
16
state.
At
the
conclusion
of
the
cost
recovery
period,
which
17
shall
extend
no
more
than
thirty-six
months
in
total,
the
board
18
shall
conduct
a
contested
case
proceeding
pursuant
to
chapter
19
17A
to
evaluate
the
reasonableness
and
prudence
of
the
cost
20
recovery.
The
utility
shall
file
such
information
with
the
21
board
as
the
board
deems
appropriate,
including
the
filing
22
of
an
annual
report
identifying
and
explaining
expenditures
23
identified
in
the
rider
as
items
for
cost
recovery,
and
24
any
other
information
required
by
the
board.
If
the
board
25
determines
that
the
utility
has
imprudently
incurred
costs,
or
26
has
incurred
costs
that
are
less
than
the
amount
recovered,
the
27
board
shall
order
the
utility
to
modify
the
rider
to
adjust
the
28
amount
recoverable.
29
c.
Costs
that
may
be
recovered
through
the
rider
described
30
in
paragraph
“b”
shall
be
consistent
with
the
“United
States
31
Nuclear
Regulatory
Guide,
Section
4.7,
General
Site
Suitability
32
Criteria
for
Nuclear
Power
Stations,
Revision
Two,
April
1998,”
33
including
costs
related
to
the
study
and
use
of
sites
for
34
nuclear
generation.
35
-51-
HF
417
(4)
85
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51/
143
H.F.
417
Sec.
113.
Section
476.53,
subsection
2,
paragraph
a,
Code
1
2013,
is
amended
to
read
as
follows:
2
a.
The
general
assembly’s
intent
with
regard
to
the
3
development
of
electric
power
generating
and
transmission
4
facilities,
or
the
significant
alteration
of
an
existing
5
generating
facility,
as
provided
in
subsection
1
,
shall
be
6
implemented
in
a
manner
that
is
cost-effective
and
compatible
7
with
the
environmental
policies
of
the
state,
as
expressed
in
8
this
Title
XI
.
9
Sec.
114.
Section
489.110,
subsection
3,
paragraph
h,
Code
10
2013,
is
amended
to
read
as
follows:
11
h.
Vary
the
requirement
to
wind
up
a
limited
liability
12
company’s
business
as
specified
in
section
489.702,
subsection
13
1
,
and
section
489.702,
subsection
2
,
paragraph
“a”
.
14
Sec.
115.
Section
489.110,
subsection
4,
paragraph
a,
Code
15
2013,
is
amended
to
read
as
follows:
16
a.
Restrict
or
eliminate
the
duty
to
do
any
of
the
17
following:
18
(1)
As
required
in
section
489.409,
subsection
2
,
paragraph
19
“a”
,
and
section
489.409,
subsection
8
,
to
account
to
the
20
limited
liability
company
and
to
hold
as
trustee
for
it
any
21
property,
profit,
or
benefit
derived
by
the
member
in
the
22
conduct
or
winding
up
of
the
company’s
business,
from
a
use
by
23
the
member
of
the
company’s
property,
or
from
the
appropriation
24
of
a
limited
liability
company
opportunity.
25
(2)
As
required
in
section
489.409,
subsection
2
,
paragraph
26
“b”
,
and
section
489.409,
subsection
8
,
to
refrain
from
dealing
27
with
the
company
in
the
conduct
or
winding
up
of
the
company’s
28
business
as
or
on
behalf
of
a
party
having
an
interest
adverse
29
to
the
company.
30
(3)
As
required
by
section
489.409,
subsection
2
,
paragraph
31
“c”
,
and
section
489.409
subsection
8
,
to
refrain
from
competing
32
with
the
company
in
the
conduct
of
the
company’s
business
33
before
the
dissolution
of
the
company.
34
Sec.
116.
Section
490.850,
subsection
6,
Code
2013,
is
35
-52-
HF
417
(4)
85
lh/rj/md
52/
143
H.F.
417
amended
to
read
as
follows:
1
6.
a.
“Official
capacity”
means:
2
a.
(1)
When
used
with
respect
to
a
director,
the
office
of
3
director
in
a
corporation.
4
b.
(2)
When
used
with
respect
to
an
officer,
as
5
contemplated
in
section
490.856
,
the
office
in
a
corporation
6
held
by
the
officer.
7
b.
“Official
capacity”
does
not
include
service
for
any
8
other
domestic
or
foreign
corporation
or
any
partnership,
joint
9
venture,
trust,
employee
benefit
plan,
or
other
entity.
10
Sec.
117.
Section
493.9,
Code
2013,
is
amended
to
read
as
11
follows:
12
493.9
Change
in
stock.
13
Any
such
corporation
may,
by
appropriate
amendments
to
its
14
articles
of
incorporation,
adopted
by
a
two-third
affirmative
15
vote
of
each
class
of
stock
then
issued
and
outstanding
and
16
affected
by
such
amendment,
change
its
common
or
preferred
17
stock
(common
or
preferred)
having
a
par
value
to
an
equal,
18
greater
or
less
number
of
shares
of
stock
having
no
par
value,
19
and,
in
connection
therewith,
may
fix
the
amount
of
capital
20
represented
by
such
shares
of
stock
without
par
value.
21
Sec.
118.
Section
502.610,
subsections
1,
2,
and
6,
Code
22
2013,
are
amended
to
read
as
follows:
23
1.
Sales
and
offers
to
sell.
Sections
502.301
,
502.302
,
24
section
502.401,
subsection
1
,
section
502.402,
subsection
1
,
25
section
502.403,
subsection
1
,
section
502.404,
subsection
1
,
26
and
sections
502.501
,
502.506
,
502.509
,
and
502.510
do
not
27
apply
to
a
person
that
sells
or
offers
to
sell
a
security
28
unless
the
offer
to
sell
or
the
sale
is
made
in
this
state
or
29
the
offer
to
purchase
or
the
purchase
is
made
and
accepted
in
30
this
state.
31
2.
Purchases
and
offers
to
purchase.
Sections
Section
32
502.401,
subsection
1
,
section
502.402,
subsection
1
,
section
33
502.403,
subsection
1
,
section
502.404,
subsection
1
,
and
34
sections
502.501
,
502.506
,
502.509
,
and
502.510
do
not
apply
to
35
-53-
HF
417
(4)
85
lh/rj/md
53/
143
H.F.
417
a
person
that
purchases
or
offers
to
purchase
a
security
unless
1
the
offer
to
purchase
or
the
purchase
is
made
in
this
state
2
or
the
offer
to
sell
or
the
sale
is
made
and
accepted
in
this
3
state.
4
6.
Investment
advice
and
misrepresentations.
Sections
5
Section
502.403,
subsection
1
,
section
502.404,
subsection
1
,
6
section
502.405,
subsection
1
,
and
sections
502.502
,
502.505
,
7
and
502.506
apply
to
a
person
if
the
person
engages
in
an
act,
8
practice,
or
course
of
business
instrumental
in
effecting
9
prohibited
or
actionable
conduct
in
this
state,
whether
or
not
10
either
party
is
then
present
in
this
state.
11
Sec.
119.
Section
507A.7,
subsection
2,
Code
2013,
is
12
amended
to
read
as
follows:
13
2.
The
court
in
any
action,
suit,
or
proceeding
in
which
14
service
is
made
as
provided
in
section
507A.6,
subsections
2
15
and
3
of
section
507A.6
,
or
the
commissioner
of
insurance
in
16
any
administrative
proceeding
before
the
commissioner
in
which
17
service
is
made
as
provided
in
section
507A.6,
subsections
2
18
and
3
of
section
507A.6
,
may
in
the
court’s
or
commissioner’s
19
discretion,
order
such
postponement
as
may
be
necessary
to
20
afford
the
defendant
reasonable
opportunity
to
comply
with
the
21
provisions
of
subsection
1
of
this
section
and
to
defend
such
22
action.
23
Sec.
120.
Section
507C.28,
subsection
1,
paragraph
b,
24
subparagraph
(4),
Code
2013,
is
amended
to
read
as
follows:
25
(4)
The
creditor
receiving
the
transfer
was
an
officer,
26
or
an
employee,
attorney
or
other
person
who
was
in
fact
in
a
27
position
of
comparable
influence
in
the
insurer
to
an
officer
28
whether
or
not
the
person
held
the
position
of
an
officer,
or
a
29
shareholder
directly
or
indirectly
holding
more
than
five
per
30
centum
percent
of
a
class
of
an
equity
security
issued
by
the
31
insurer,
or
other
person,
firm,
corporation,
association,
or
32
aggregation
of
persons
with
whom
the
insurer
did
not
deal
at
33
arm’s
length.
34
Sec.
121.
Section
508.36,
subsection
4,
Code
2013,
is
35
-54-
HF
417
(4)
85
lh/rj/md
54/
143
H.F.
417
amended
to
read
as
follows:
1
4.
Computation
for
minimum
standards
for
annuities.
2
a.
Except
as
provided
in
subsection
5
,
the
minimum
3
standard
for
the
valuation
of
all
individual
annuity
and
pure
4
endowment
contracts
issued
on
or
after
the
operative
date
of
5
this
subsection
,
and
for
all
annuities
and
pure
endowments
6
purchased
on
or
after
the
operative
date
of
this
subsection
7
under
group
annuity
and
pure
endowment
contracts,
shall
be
the
8
commissioner’s
reserve
valuation
methods
defined
in
subsections
9
6
and
7
,
and
the
following
tables
and
interest
rates:
10
a.
(1)
For
individual
annuity
and
pure
endowment
contracts
11
issued
prior
to
January
1,
1980,
excluding
any
disability
12
and
accidental
death
benefits
in
such
contracts,
both
of
the
13
following:
14
(1)
(a)
The
1971
individual
annuity
mortality
table,
or
any
15
modification
of
this
table
approved
by
the
commissioner.
16
(2)
(b)
Six
percent
interest
for
single
premium
immediate
17
annuity
contracts,
and
four
percent
interest
for
all
other
18
individual
annuity
and
pure
endowment
contracts.
19
b.
(2)
For
individual
single
premium
immediate
annuity
20
contracts
issued
on
or
after
January
1,
1980,
excluding
any
21
disability
and
accidental
death
benefits
in
such
contracts,
22
both
of
the
following:
23
(1)
(a)
One
of
the
following
tables:
24
(a)
(i)
The
1971
individual
annuity
mortality
table.
25
(b)
(ii)
An
individual
annuity
mortality
table,
26
adopted
after
1980
by
the
national
association
of
insurance
27
commissioners
and
approved
by
rule
adopted
by
the
commissioner
28
for
use
in
determining
the
minimum
standard
of
valuation
for
29
such
contracts.
30
(c)
(iii)
A
modification
of
the
tables
identified
in
31
subparagraph
divisions
(a)
subdivisions
(i)
and
(b)
(ii)
32
approved
by
the
commissioner.
33
(2)
(b)
Seven
and
one-half
percent
interest.
34
c.
(3)
For
individual
annuity
and
pure
endowment
contracts
35
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issued
on
or
after
January
1,
1980,
other
than
single
premium
1
immediate
annuity
contracts,
excluding
any
disability
and
2
accidental
death
benefits
in
such
contracts,
both
of
the
3
following:
4
(1)
(a)
One
of
the
following
tables:
5
(a)
(i)
The
1971
individual
annuity
mortality
table.
6
(b)
(ii)
An
individual
annuity
mortality
table
adopted
7
after
1980
by
the
national
association
of
insurance
8
commissioners
and
approved
by
rule
adopted
by
the
commissioner
9
for
use
in
determining
the
minimum
standard
of
valuation
for
10
such
contracts.
11
(c)
(iii)
A
modification
of
the
tables
identified
in
12
subparagraph
divisions
(a)
subdivisions
(i)
and
(b)
(ii)
13
approved
by
the
commissioner.
14
(2)
(b)
Five
and
one-half
percent
interest
for
single
15
premium
deferred
annuity
and
pure
endowment
contracts
and
four
16
and
one-half
percent
interest
for
all
other
such
individual
17
annuity
and
pure
endowment
contracts.
18
d.
(4)
For
all
annuities
and
pure
endowments
purchased
19
prior
to
January
1,
1980,
under
group
annuity
and
pure
20
endowment
contracts,
excluding
any
disability
and
accidental
21
death
benefits
purchased
under
such
contracts,
both
of
the
22
following:
23
(1)
(a)
The
1971
group
annuity
mortality
table
or
any
24
modification
of
this
table
approved
by
the
commissioner.
25
(2)
(b)
Six
percent
interest.
26
e.
(5)
For
all
annuities
and
pure
endowments
purchased
27
on
or
after
January
1,
1980,
under
group
annuity
and
pure
28
endowment
contracts,
excluding
any
disability
and
accidental
29
death
benefits
purchased
under
such
contracts,
both
of
the
30
following:
31
(1)
(a)
One
of
the
following
tables:
32
(a)
(i)
The
1971
group
annuity
mortality
table.
33
(b)
(ii)
A
group
annuity
mortality
table
adopted
after
34
1980
by
the
national
association
of
insurance
commissioners
35
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and
approved
by
rule
adopted
by
the
commissioner
for
use
1
in
determining
the
minimum
standard
of
valuation
for
such
2
annuities
and
pure
endowments.
3
(c)
(iii)
A
modification
of
the
tables
identified
in
4
subparagraph
divisions
(a)
subdivisions
(i)
and
(b)
(ii)
5
approved
by
the
commissioner.
6
(2)
(b)
Seven
and
one-half
percent
interest.
7
b.
After
July
1,
1973,
a
company
may
file
with
the
8
commissioner
a
written
notice
of
its
election
to
comply
with
9
the
provisions
of
this
subsection
after
a
specified
date
before
10
January
1,
1979,
which
shall
be
the
operative
date
of
this
11
section
for
such
company,
provided,
if
a
company
makes
no
12
election,
the
effective
date
of
this
section
for
a
company
is
13
January
1,
1979.
14
Sec.
122.
Section
508.36,
subsection
5,
paragraph
c,
15
subparagraph
(1),
subparagraph
division
(a),
Code
2013,
is
16
amended
to
read
as
follows:
17
(a)
(i)
Weighting
Factors
for
Life
Insurance:
18
Guarantee
Duration
(Years)
Weighting
Factors
19
10
or
less
.50
20
More
than
10,
21
but
not
more
than
20
.45
22
More
than
20
.35
23
(ii)
For
life
insurance,
the
guarantee
duration
is
the
24
maximum
number
of
years
the
life
insurance
can
remain
in
force
25
on
a
basis
guaranteed
in
the
policy
or
under
options
to
convert
26
to
plans
of
life
insurance
with
premium
rates
or
nonforfeiture
27
values
or
both
which
are
guaranteed
in
the
original
policy.
28
Sec.
123.
Section
508.36,
subsection
6,
paragraph
b,
Code
29
2013,
is
amended
to
read
as
follows:
30
b.
(1)
However,
for
a
life
insurance
policy
issued
on
or
31
after
January
1,
1998,
for
which
the
contract
premium
in
the
32
first
policy
year
exceeds
that
of
the
second
year
and
for
which
33
no
comparable
additional
benefit
is
provided
in
the
first
year
34
for
such
additional
premium
and
which
provides
an
endowment
35
-57-
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417
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417
benefit
or
a
cash
surrender
value
or
a
combination
of
such
1
benefit
or
value
in
an
amount
greater
than
the
additional
2
premium,
the
reserve
according
to
the
commissioner’s
reserve
3
valuation
method
as
of
any
policy
anniversary
occurring
on
or
4
before
the
assumed
ending
date
defined
as
the
first
policy
5
anniversary
on
which
the
sum
of
any
endowment
benefit
and
6
any
cash
surrender
value
then
available
is
greater
than
such
7
additional
premium
shall
be,
except
as
otherwise
provided
in
8
subsection
10
,
the
greater
of
the
reserve
as
of
such
policy
9
anniversary
calculated
as
described
in
paragraph
“a”
and
the
10
reserve
as
of
such
policy
anniversary
calculated
as
described
11
in
paragraph
“a”
,
but
with
the
following
modifications:
12
(1)
(a)
The
value
defined
in
paragraph
“a”
being
reduced
13
by
fifteen
percent
of
the
amount
of
such
excess
first
year
14
premium.
15
(2)
(b)
All
present
values
of
benefits
and
premiums
being
16
determined
without
reference
to
premiums
or
benefits
provided
17
for
by
the
policy
after
the
assumed
ending
date.
18
(3)
(c)
The
policy
being
assumed
to
mature
on
such
date
as
19
an
endowment.
20
(4)
(d)
The
cash
surrender
value
provided
on
such
date
21
being
considered
as
an
endowment
benefit.
22
(2)
In
making
the
above
comparison
the
mortality
and
23
interest
bases
stated
in
subsections
4
and
5
shall
be
used.
24
Sec.
124.
Section
510.5,
subsection
1,
paragraph
e,
Code
25
2013,
is
amended
to
read
as
follows:
26
e.
Appropriate
underwriting
guidelines
including
but
not
27
limited
to
the
following:
28
(1)
The
maximum
annual
premium
volume.
29
(2)
The
basis
of
the
rates
to
be
charged.
30
(3)
The
types
of
risks
which
may
be
written.
31
(4)
Maximum
limits
of
liability.
32
(5)
Applicable
exclusions.
33
(6)
Territorial
limitations.
34
(7)
Policy
cancellation
provisions.
35
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417
(8)
The
maximum
length
or
duration
of
the
policy
period.
1
f.
The
insurer
may
cancel
or
refuse
to
renew
any
policy
2
of
insurance
produced
or
underwritten
by
a
managing
general
3
agent,
subject
to
the
applicable
laws
and
rules
concerning
the
4
cancellation
and
nonrenewal
of
insurance
policies.
5
Sec.
125.
Section
511.8,
subsection
22,
paragraph
a,
6
subparagraph
(4),
Code
2013,
is
amended
to
read
as
follows:
7
(4)
“United
States
government-sponsored
enterprise”
means
the
8
federal
national
mortgage
corporation
under
12
U.S.C.
§
1716
–
9
23i
1723i
of
the
National
Housing
Act
and
the
federal
home
loan
10
marketing
association
under
the
Federal
Home
Loan
Mortgage
Act,
11
12
U.S.C.
§
1451
–
59
1459
.
12
Sec.
126.
Section
515.13,
Code
2013,
is
amended
to
read
as
13
follows:
14
515.13
Reservation.
15
None
of
the
provisions
of
subsection
5
of
section
515.12
,
16
subsection
5,
shall
apply
to
any
company
heretofore
organized
17
and
approved
by
the
commissioner
of
insurance,
but
which
had
18
not
completed
its
organization
on
May
28,
1937,
nor
shall
said
19
section
515.12,
subsection
5
,
apply
to
any
company
already
20
licensed
to
issue
policies.
21
Sec.
127.
Section
518C.7,
subsection
4,
Code
2013,
is
22
amended
to
read
as
follows:
23
4.
The
plan
of
operation
may
delegate
any
or
all
duties
and
24
powers
of
the
association,
except
those
under
section
518C.6,
25
subsection
1
,
paragraph
“c”
,
and
section
518C.6,
subsection
26
2
,
paragraph
“c”
,
to
a
person
with
the
approval
of
both
the
27
board
of
directors
and
the
commissioner.
Such
delegation
28
shall
only
be
made
to
a
person
extending
protection
which
29
is
not
substantially
less
favorable
and
effective
than
that
30
provided
by
this
chapter
.
Such
person
shall
be
reimbursed
as
a
31
servicing
facility
and
shall
be
paid
for
the
performance
of
any
32
other
functions
of
the
association.
33
Sec.
128.
Section
524.544,
subsection
3,
Code
2013,
is
34
amended
to
read
as
follows:
35
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417
3.
The
reports
required
by
subsections
1
and
2
of
this
1
section
shall
contain
information
,
(
to
the
extent
known
by
2
the
person
making
the
report
)
,
relative
to
the
number
of
3
shares
involved,
the
names
of
the
sellers
and
purchasers
(
or
4
transferors
and
transferees
)
,
the
purchase
price,
the
name
of
5
the
borrower,
the
amount,
source,
and
terms
of
the
loan,
or
6
other
transaction,
the
name
of
the
bank
issuing
the
shares
used
7
as
security,
and
the
number
of
shares
used
as
security.
8
Sec.
129.
Section
524.904,
subsection
5,
paragraph
b,
9
subparagraphs
(2)
through
(4),
Code
2013,
are
amended
to
read
10
as
follows:
11
(2)
One
or
more
persons
owns
own
or
controls
control
12
fifty
percent
or
more
of
the
voting
securities
or
membership
13
interests
of
the
borrowing
entity
or
a
member
of
the
group.
14
(3)
One
or
more
persons
controls
control
,
in
any
manner,
the
15
election
of
a
majority
of
the
directors,
managers,
trustees,
16
or
other
persons
exercising
similar
functions
of
the
borrowing
17
entity
or
a
member
of
the
group.
18
(4)
One
or
more
persons
has
have
the
power
to
vote
fifty
19
percent
or
more
of
any
class
of
voting
securities
or
membership
20
interests
of
the
borrowing
entity
or
a
member
of
the
group.
21
Sec.
130.
Section
524.904,
subsection
7,
paragraph
g,
Code
22
2013,
is
amended
to
read
as
follows:
23
g.
Loans
and
extensions
of
credit
to
a
federal
reserve
24
bank
or
to
the
United
States,
or
of
any
department,
bureau,
25
board,
commission,
agency,
or
establishment
of
the
United
26
States,
or
to
any
corporation
owned
directly
or
indirectly
by
27
the
United
States,
or
loans
and
extensions
of
credit
to
one
28
borrower
to
the
extent
that
such
loans
and
extensions
of
credit
29
are
fully
secured
or
guaranteed
or
covered
by
unconditional
30
commitments
or
agreements
to
purchase
by
a
federal
reserve
bank
31
or
by
the
United
States,
or
any
department,
bureau,
board,
32
commission,
agency,
or
establishment
of
the
United
States,
or
33
any
corporation
owned
directly
or
indirectly
by
the
United
34
States.
Loans
and
extensions
of
credit
to
one
borrower
secured
35
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417
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by
a
lease
on
property
under
the
terms
of
which
the
United
1
States,
or
any
department,
bureau,
board,
commission,
agency,
2
or
establishment
of
the
United
States,
or
any
corporation
owned
3
directly
or
indirectly
by
the
United
States,
or
the
state
of
4
Iowa,
or
any
political
subdivision
of
the
state,
is
lessee
and
5
under
the
terms
of
which
the
aggregate
rentals
payable
to
the
6
borrower
will
be
sufficient
to
satisfy
the
amount
loaned
is
7
are
considered
to
be
loans
and
extensions
of
credit
secured
or
8
guaranteed
as
provided
for
in
this
paragraph.
9
Sec.
131.
Section
524.1411,
subsection
5,
Code
2013,
is
10
amended
to
read
as
follows:
11
5.
The
provisions
required
in
the
articles
of
incorporation
12
by
section
524.302,
subsection
1
,
paragraphs
“c”
and
“d”
,
and
13
section
524.302,
subsection
2
,
paragraph
“b”
.
14
Sec.
132.
Section
535B.1,
subsection
11,
Code
2013,
is
15
amended
to
read
as
follows:
16
11.
“Real
estate
closing
services”
means
the
administrative
17
and
clerical
services
required
to
carry
out
the
conveyance
or
18
transfer
of
real
estate
or
an
interest
in
real
estate
located
19
in
this
state
to
a
purchaser
or
lender.
“Real
estate
closing
20
services”
include
includes
but
are
is
not
limited
to
preparing
21
settlement
statements,
determining
that
all
closing
documents
22
conform
to
the
parties’
contract
requirements,
ascertaining
23
that
the
lender’s
instructions
have
been
satisfied,
conducting
24
a
closing
conference,
receiving
and
disbursing
funds,
and
25
completing
form
documents
and
instruments
selected
by
and
in
26
accordance
with
instructions
of
the
parties
to
the
transaction.
27
“Real
estate
closing
services”
do
does
not
include
performing
28
solely
notarial
acts
as
provided
in
chapter
9B
.
29
Sec.
133.
Section
536.13,
subsection
7,
paragraph
c,
Code
30
2013,
is
amended
to
read
as
follows:
31
c.
Article
Chapter
537,
article
2,
parts
3,
5,
and
6
of
32
chapter
537
,
and
chapter
537,
article
3
of
chapter
537
,
and
33
sections
537.3203
,
537.3206
,
537.3209
,
537.3304
,
537.3305
,
34
and
537.3306
,
apply
to
any
credit
transaction,
as
defined
in
35
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417
(4)
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143
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section
537.1301
,
in
which
a
licensee
participates
or
engages,
1
and
any
violation
of
those
parts
or
sections
is
a
violation
of
2
this
chapter
.
For
the
purpose
of
applying
the
Iowa
consumer
3
credit
code,
chapter
537
,
to
those
credit
transactions,
4
“consumer
loan”
includes
a
loan
for
a
business
purpose.
5
Sec.
134.
Section
536A.31,
subsection
2,
Code
2013,
is
6
amended
to
read
as
follows:
7
2.
Article
Chapter
537,
article
2,
parts
3,
5
,
and
6
,
8
and
chapter
537,
article
3
,
and
sections
537.3203
,
537.3206
,
9
537.3209
,
537.3210
,
537.3304
,
537.3305
and
537.3306
shall
apply
10
to
any
credit
transaction,
as
defined
in
section
537.1301
,
in
11
which
a
licensee
participates
or
engages,
and
any
violation
of
12
those
parts
or
sections
shall
be
violations
of
this
chapter
.
13
For
the
purpose
of
applying
the
provisions
of
the
Iowa
consumer
14
credit
code,
chapter
537
,
to
those
credit
transactions,
15
“consumer
loan”
shall
include
a
loan
for
a
business
purpose.
16
Sec.
135.
Section
542B.35,
subsection
2,
paragraph
c,
Code
17
2013,
is
amended
to
read
as
follows:
18
c.
3.
A
person
who
completes
the
real
property
inspection
19
report
shall
not
claim
to
be
a
licensed
professional
land
20
surveyor
or
a
licensed
professional
engineer
for
purposes
of
21
the
report.
22
Sec.
136.
Section
543B.5,
subsection
15,
Code
2013,
is
23
amended
to
read
as
follows:
24
15.
a.
“Material
adverse
fact”
means
an
adverse
fact
25
that
a
party
indicates
is
of
such
significance,
or
that
is
26
generally
recognized
by
a
competent
licensee
as
being
of
27
such
significance
to
a
reasonable
party,
that
it
affects
or
28
would
affect
the
party’s
decision
to
enter
into
a
contract
29
or
agreement
concerning
a
transaction,
or
affects
or
would
30
affect
the
party’s
decision
about
the
terms
of
the
contract
or
31
agreement.
32
b.
For
purposes
of
this
subsection
,
“adverse
fact”
means
33
a
condition
or
occurrence
that
is
generally
recognized
by
a
34
competent
licensee
as
resulting
in
any
of
the
following:
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a.
(1)
Significantly
and
adversely
affecting
the
value
of
1
the
property.
2
b.
(2)
Significantly
reducing
the
structural
integrity
of
3
improvement
to
real
estate.
4
c.
(3)
Presenting
a
significant
health
risk
to
occupants
of
5
the
property.
6
Sec.
137.
Section
543B.29,
subsection
3,
Code
2013,
is
7
amended
to
read
as
follows:
8
3.
A
real
estate
broker
or
salesperson
who
is
an
owner
or
9
lessor
of
property
or
an
employee
of
an
owner
or
lessor
may
10
have
the
broker’s
or
salesperson’s
license
revoked
or
suspended
11
for
violations
of
this
section
or
section
543B.34
,
except
12
section
543B.34,
subsection
1,
paragraphs
“d”
,
“e”
,
“f”
,
and
13
“i”
,
with
respect
to
that
property.
14
Sec.
138.
Section
543B.46,
subsection
1,
Code
2013,
is
15
amended
to
read
as
follows:
16
1.
Each
real
estate
broker
shall
maintain
a
common
trust
17
account
in
a
bank,
a
savings
association,
or
credit
union
for
18
the
deposit
of
all
down
payments,
earnest
money
deposits,
19
or
other
trust
funds
received
by
the
broker
or
the
broker’s
20
salespersons
on
behalf
of
the
broker’s
principal,
except
that
a
21
broker
acting
as
a
salesperson
shall
deposit
these
funds
in
the
22
common
trust
account
of
the
broker
for
whom
the
broker
acts
as
23
salesperson.
The
account
shall
be
an
interest-bearing
account.
24
The
interest
on
the
account
shall
be
transferred
quarterly
to
25
the
treasurer
of
state
and
transferred
to
the
Iowa
finance
26
authority
for
deposit
in
the
housing
trust
fund
established
in
27
section
16.181
unless
there
is
a
written
agreement
between
the
28
buyer
and
seller
to
the
contrary.
The
broker
shall
not
benefit
29
from
interest
received
on
funds
of
others
in
the
broker’s
30
possession.
31
Sec.
139.
Section
551.10,
Code
2013,
is
amended
to
read
as
32
follows:
33
551.10
Cumulative
remedies.
34
Nothing
in
this
chapter
shall
be
construed
as
repealing
any
35
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417
other
Act,
or
part
of
an
Act,
but
the
remedies
herein
provided
1
shall
be
cumulative
to
all
other
remedies
provided
by
law.
2
Sec.
140.
Section
554.2311,
subsection
2,
Code
2013,
is
3
amended
to
read
as
follows:
4
2.
Unless
otherwise
agreed
specifications
relating
to
5
assortment
of
the
goods
are
at
the
buyer’s
option
and
except
as
6
otherwise
provided
in
subsections
section
554.2319,
subsection
7
1
,
paragraph
“c”
and
section
554.2319,
subsection
3
of
section
8
554.2319
specifications
or
arrangements
relating
to
shipment
9
are
at
the
seller’s
option.
10
Sec.
141.
Section
554.2319,
subsection
1,
paragraph
c,
Code
11
2013,
is
amended
to
read
as
follows:
12
c.
when
under
either
paragraph
“a”
or
“b”
the
term
is
13
also
F.O.B.
vessel,
car
or
other
vehicle,
the
seller
must
in
14
addition
at
the
seller’s
own
expense
and
risk
load
the
goods
15
on
board.
If
the
term
is
F.O.B.
vessel
the
buyer
must
name
the
16
vessel
and
in
an
appropriate
case
the
seller
must
comply
with
17
the
provisions
of
this
Article
on
the
form
of
bill
of
lading
18
(
section
554.2323
).
19
Sec.
142.
Section
554.2319,
subsection
3,
Code
2013,
is
20
amended
to
read
as
follows:
21
3.
Unless
otherwise
agreed
in
any
case
falling
within
22
subsection
1
,
paragraph
“a”
or
“c”
or
subsection
2
the
buyer
23
must
seasonably
give
any
needed
instructions
for
making
24
delivery,
including
when
the
term
is
F.A.S.
or
F.O.B.
the
25
loading
berth
of
the
vessel
and
in
an
appropriate
case
its
name
26
and
sailing
date.
The
seller
may
treat
the
failure
of
needed
27
instructions
as
a
failure
of
cooperation
under
this
Article
28
(
section
554.2311
).
The
seller
may
also
at
the
seller’s
option
29
move
the
goods
in
any
reasonable
manner
preparatory
to
delivery
30
or
shipment.
31
Sec.
143.
Section
554.3202,
subsection
1,
Code
2013,
is
32
amended
to
read
as
follows:
33
1.
Negotiation
is
effective
even
if
obtained
(i)
from
an
34
infant,
a
corporation
exceeding
its
powers,
or
a
person
without
35
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417
capacity
,
(ii)
;
by
fraud,
duress,
or
mistake
,
;
or
(iii)
in
1
breach
of
duty
or
as
part
of
an
illegal
transaction.
2
Sec.
144.
Section
554.3305,
subsection
1,
paragraph
a,
Code
3
2013,
is
amended
to
read
as
follows:
4
a.
a
defense
of
the
obligor
based
on
(i)
infancy
of
the
5
obligor
to
the
extent
it
is
a
defense
to
a
simple
contract
,
6
(ii)
;
duress,
lack
of
legal
capacity,
or
illegality
of
the
7
transaction
which,
under
other
law,
nullifies
the
obligation
of
8
the
obligor
,
(iii)
;
fraud
that
induced
the
obligor
to
sign
the
9
instrument
with
neither
knowledge
nor
reasonable
opportunity
10
to
learn
of
its
character
or
its
essential
terms
,
;
or
(iv)
11
discharge
of
the
obligor
in
insolvency
proceedings;
12
Sec.
145.
Section
554.3311,
subsections
1
and
3,
Code
2013,
13
are
amended
to
read
as
follows:
14
1.
If
a
person
against
whom
a
claim
is
asserted
proves
that
15
(i)
that
person
in
good
faith
tendered
an
instrument
to
the
16
claimant
as
full
satisfaction
of
the
claim,
(ii)
the
amount
of
17
the
claim
was
unliquidated
or
subject
to
a
bona
fide
dispute,
18
and
(iii)
the
claimant
obtained
payment
of
the
instrument,
the
19
following
subsections
apply.
20
3.
Subject
to
subsection
4
,
a
claim
is
not
discharged
under
21
subsection
2
if
either
of
the
following
applies:
22
a.
The
claimant,
if
an
organization,
proves
that
(i)
:
23
(1)
within
a
reasonable
time
before
the
tender,
the
claimant
24
sent
a
conspicuous
statement
to
the
person
against
whom
the
25
claim
is
asserted
that
communications
concerning
disputed
26
debts,
including
an
instrument
tendered
as
full
satisfaction
27
of
a
debt,
are
to
be
sent
to
a
designated
person,
office,
or
28
place
,
;
and
(ii)
29
(2)
the
instrument
or
accompanying
communication
was
not
30
received
by
that
designated
person,
office,
or
place.
31
b.
The
claimant,
whether
or
not
an
organization,
proves
32
that
within
ninety
days
after
payment
of
the
instrument,
the
33
claimant
tendered
repayment
of
the
amount
of
the
instrument
to
34
the
person
against
whom
the
claim
is
asserted.
This
paragraph
35
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does
not
apply
if
the
claimant
is
an
organization
that
sent
a
1
statement
complying
with
paragraph
“a”
,
part
(i)
subparagraph
2
(1)
.
3
Sec.
146.
Section
554.3312,
subsection
1,
paragraph
c,
Code
4
2013,
is
amended
to
read
as
follows:
5
c.
“Declaration
of
loss”
means
a
written
statement,
made
6
under
penalty
of
perjury,
to
the
effect
that
(i)
the
declarer
7
lost
possession
of
a
check
,
(ii)
;
the
declarer
is
the
drawer
8
or
payee
of
the
check,
in
the
case
of
a
certified
check,
or
9
the
remitter
or
payee
of
the
check,
in
the
case
of
a
cashier’s
10
check
or
teller’s
check
,
(iii)
;
the
loss
of
possession
was
not
11
the
result
of
a
transfer
by
the
declarer
or
a
lawful
seizure
,
;
12
and
(iv)
the
declarer
cannot
reasonably
obtain
possession
of
13
the
check
because
the
check
was
destroyed,
its
whereabouts
14
cannot
be
determined,
or
it
is
in
the
wrongful
possession
of
15
an
unknown
person
or
a
person
that
cannot
be
found
or
is
not
16
amenable
to
service
of
process.
17
Sec.
147.
Section
554.3405,
subsection
1,
paragraphs
b
and
18
c,
Code
2013,
are
amended
to
read
as
follows:
19
b.
“Fraudulent
endorsement”
means
(i)
one
of
the
following:
20
(1)
in
the
case
of
an
instrument
payable
to
the
employer,
a
21
forged
endorsement
purporting
to
be
that
of
the
employer
,
or
22
(ii)
;
23
(2)
in
the
case
of
an
instrument
with
respect
to
which
the
24
employer
is
the
issuer,
a
forged
endorsement
purporting
to
be
25
that
of
the
person
identified
as
payee.
26
c.
“Responsibility”
with
respect
to
instruments
means
27
authority
(i)
to
sign
or
endorse
instruments
on
behalf
of
the
28
employer
,
(ii)
;
to
process
instruments
received
by
the
employer
29
for
bookkeeping
purposes,
for
deposit
to
an
account,
or
for
30
other
disposition
,
(iii)
;
to
prepare
or
process
instruments
for
31
issue
in
the
name
of
the
employer
,
(iv)
;
to
supply
information
32
determining
the
names
or
addresses
of
payees
of
instruments
33
to
be
issued
in
the
name
of
the
employer
,
(v)
;
to
control
the
34
disposition
of
instruments
to
be
issued
in
the
name
of
the
35
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employer
,
;
or
(vi)
to
act
otherwise
with
respect
to
instruments
1
in
a
responsible
capacity.
“Responsibility”
does
not
include
2
authority
that
merely
allows
an
employee
to
have
access
to
3
instruments
or
blank
or
incomplete
instrument
forms
that
are
4
being
stored
or
transported
or
are
part
of
incoming
or
outgoing
5
mail,
or
similar
access.
6
Sec.
148.
Section
554.3501,
subsection
1,
Code
2013,
is
7
amended
to
read
as
follows:
8
1.
“Presentment”
means
a
demand
made
by
or
on
behalf
of
a
9
person
entitled
to
enforce
an
instrument
(i)
:
10
a.
to
pay
the
instrument
made
to
the
drawee
or
a
party
11
obliged
to
pay
the
instrument
or,
in
the
case
of
a
note
or
12
accepted
draft
payable
at
a
bank,
to
the
bank
,
;
or
(ii)
13
b.
to
accept
a
draft
made
to
the
drawee.
14
Sec.
149.
Section
554.3501,
subsection
2,
paragraphs
b
and
15
c,
Code
2013,
are
amended
to
read
as
follows:
16
b.
Upon
demand
of
the
person
to
whom
presentment
is
made,
17
the
person
making
presentment
must
(i)
exhibit
the
instrument
,
18
(ii)
;
give
reasonable
identification
and,
if
presentment
is
19
made
on
behalf
of
another
person,
reasonable
evidence
of
20
authority
to
do
so
,
;
and
(iii)
sign
a
receipt
on
the
instrument
21
for
any
payment
made
or
surrender
the
instrument
if
full
22
payment
is
made.
23
c.
Without
dishonoring
the
instrument,
the
party
to
whom
24
presentment
is
made
may
(i)
return
the
instrument
for
lack
of
25
a
necessary
endorsement,
or
(ii)
refuse
payment
or
acceptance
26
for
failure
of
the
presentment
to
comply
with
the
terms
of
the
27
instrument,
an
agreement
of
the
parties,
or
other
applicable
28
law
or
rule.
29
Sec.
150.
Section
554.3604,
subsection
1,
Code
2013,
is
30
amended
to
read
as
follows:
31
1.
A
person
entitled
to
enforce
an
instrument,
with
or
32
without
consideration,
may
discharge
the
obligation
of
a
party
33
to
pay
the
instrument
(i)
by
an
intentional
voluntary
act,
34
such
as
surrender
of
the
instrument
to
the
party,
destruction,
35
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417
mutilation,
or
cancellation
of
the
instrument,
cancellation
or
1
striking
out
of
the
party’s
signature,
or
the
addition
of
words
2
to
the
instrument
indicating
discharge
,
;
or
(ii)
by
agreeing
3
not
to
sue
or
otherwise
renouncing
rights
against
the
party
by
4
a
signed
writing.
5
Sec.
151.
Section
554.3605,
subsections
5,
7,
and
9,
Code
6
2013,
are
amended
to
read
as
follows:
7
5.
If
the
obligation
of
a
party
to
pay
an
instrument
is
8
secured
by
an
interest
in
collateral
and
a
person
entitled
to
9
enforce
the
instrument
impairs
the
value
of
the
interest
in
10
collateral,
the
obligation
of
an
endorser
or
accommodation
11
party
having
a
right
of
recourse
against
the
obligor
is
12
discharged
to
the
extent
of
the
impairment.
The
value
of
an
13
interest
in
collateral
is
impaired
to
the
extent
(i)
the
value
14
of
the
interest
is
reduced
to
an
amount
less
than
the
amount
of
15
the
right
of
recourse
of
the
party
asserting
discharge,
or
(ii)
16
the
reduction
in
value
of
the
interest
causes
an
increase
in
17
the
amount
by
which
the
amount
of
the
right
of
recourse
exceeds
18
the
value
of
the
interest.
The
burden
of
proving
impairment
is
19
on
the
party
asserting
discharge.
20
7.
Under
subsection
5
or
6
,
impairing
value
of
an
interest
21
in
collateral
includes
(i)
failure
to
obtain
or
maintain
22
perfection
or
recordation
of
the
interest
in
collateral
,
(ii)
;
23
release
of
collateral
without
substitution
of
collateral
of
24
equal
value
,
(iii)
;
failure
to
perform
a
duty
to
preserve
the
25
value
of
collateral
owed,
under
Article
9
or
other
law,
to
26
a
debtor
or
surety
or
other
person
secondarily
liable
,
;
or
27
(iv)
failure
to
comply
with
applicable
law
in
disposing
of
28
collateral.
29
9.
A
party
is
not
discharged
under
this
section
if
(i)
the
30
party
asserting
discharge
consents
to
the
event
or
conduct
31
that
is
the
basis
of
the
discharge,
or
(ii)
the
instrument
32
or
a
separate
agreement
of
the
party
provides
for
waiver
of
33
discharge
under
this
section
either
specifically
or
by
general
34
language
indicating
that
parties
waive
defenses
based
on
35
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suretyship
or
impairment
of
collateral.
1
Sec.
152.
Section
554.9102,
subsection
1,
paragraphs
b,
2
k,
z,
ar,
au,
be,
and
bg,
Code
2013,
are
amended
to
read
as
3
follows:
4
b.
“Account”
,
except
as
used
in
“account
for”
,
means
a
right
5
to
payment
of
a
monetary
obligation,
whether
or
not
earned
by
6
performance,
(i)
for
property
that
has
been
or
is
to
be
sold,
7
leased,
licensed,
assigned,
or
otherwise
disposed
of
,
(ii)
;
8
for
services
rendered
or
to
be
rendered
,
(iii)
;
for
a
policy
9
of
insurance
issued
or
to
be
issued
,
(iv)
;
for
a
secondary
10
obligation
incurred
or
to
be
incurred
,
(v)
;
for
energy
provided
11
or
to
be
provided
,
(vi)
;
for
the
use
or
hire
of
a
vessel
under
12
a
charter
or
other
contract
,
(vii)
;
arising
out
of
the
use
of
a
13
credit
or
charge
card
or
information
contained
on
or
for
use
14
with
the
card
,
;
or
(viii)
as
winnings
in
a
lottery
or
other
15
game
of
chance
operated
or
sponsored
by
a
state,
governmental
16
unit
of
a
state,
or
person
licensed
or
authorized
to
operate
17
the
game
by
a
state
or
governmental
unit
of
a
state.
The
term
18
includes
health
care
insurance
receivables.
The
term
does
19
not
include
(i)
rights
to
payment
evidenced
by
chattel
paper
20
or
an
instrument,
(ii)
commercial
tort
claims,
(iii)
deposit
21
accounts,
(iv)
investment
property,
(v)
letter-of-credit
rights
22
or
letters
of
credit,
or
(vi)
rights
to
payment
for
money
or
23
funds
advanced
or
sold,
other
than
rights
arising
out
of
the
24
use
of
a
credit
or
charge
card
or
information
contained
on
or
25
for
use
with
the
card.
26
k.
“Chattel
paper”
means
a
record
or
records
that
evidence
27
both
a
monetary
obligation
and
a
security
interest
in
specific
28
goods,
a
security
interest
in
specific
goods
and
software
used
29
in
the
goods,
a
security
interest
in
specific
goods
and
license
30
of
software
used
in
the
goods,
a
lease
of
specific
goods,
or
31
a
lease
of
specific
goods
and
license
of
software
used
in
32
the
goods.
In
this
paragraph,
“monetary
obligation”
means
a
33
monetary
obligation
secured
by
the
goods
or
owed
under
a
lease
34
of
the
goods
and
includes
a
monetary
obligation
with
respect
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143
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417
to
software
used
in
the
goods.
The
term
does
not
include
(i)
1
charters
or
other
contracts
involving
the
use
or
hire
of
a
2
vessel
or
(ii)
records
that
evidence
a
right
to
payment
arising
3
out
of
the
use
of
a
credit
or
charge
card
or
information
4
contained
on
or
for
use
with
the
card.
If
a
transaction
is
5
evidenced
by
records
that
include
an
instrument
or
series
of
6
instruments,
the
group
of
records
taken
together
constitutes
7
chattel
paper.
8
z.
“Consumer
transaction”
means
a
transaction
in
which
(i)
9
an
individual
incurs
an
obligation
primarily
for
personal,
10
family,
or
household
purposes
,
(ii)
;
a
security
interest
11
secures
the
obligation
,
;
and
(iii)
the
collateral
is
held
or
12
acquired
primarily
for
personal,
family,
or
household
purposes.
13
The
term
includes
consumer-goods
transactions.
14
ar.
“Goods”
means
all
things
that
are
movable
when
a
15
security
interest
attaches.
The
term
includes
(i)
fixtures
,
16
(ii)
;
standing
timber
that
is
to
be
cut
and
removed
under
a
17
conveyance
or
contract
for
sale
,
(iii)
;
the
unborn
young
of
18
animals
,
(iv)
;
crops
grown,
growing,
or
to
be
grown,
even
if
19
the
crops
are
produced
on
trees,
vines,
or
bushes
,
;
and
(v)
20
manufactured
homes.
The
term
also
includes
a
computer
program
21
embedded
in
goods
and
any
supporting
information
provided
in
22
connection
with
a
transaction
relating
to
the
program
if
(i)
23
the
program
is
associated
with
the
goods
in
such
a
manner
that
24
it
customarily
is
considered
part
of
the
goods,
or
(ii)
by
25
becoming
the
owner
of
the
goods,
a
person
acquires
a
right
to
26
use
the
program
in
connection
with
the
goods.
The
term
does
27
not
include
a
computer
program
embedded
in
goods
that
consist
28
solely
of
the
medium
in
which
the
program
is
embedded.
The
29
term
also
does
not
include
accounts,
chattel
paper,
commercial
30
tort
claims,
deposit
accounts,
documents,
general
intangibles,
31
instruments,
investment
property,
letter-of-credit
rights,
32
letters
of
credit,
money,
or
oil,
gas,
or
other
minerals
before
33
extraction.
34
au.
“Instrument”
means
a
negotiable
instrument
or
any
35
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417
other
writing
that
evidences
a
right
to
the
payment
of
a
1
monetary
obligation,
is
not
itself
a
security
agreement
or
2
lease,
and
is
of
a
type
that
in
ordinary
course
of
business
3
is
transferred
by
delivery
with
any
necessary
indorsement
or
4
assignment.
The
term
does
not
include
(i)
investment
property,
5
(ii)
letters
of
credit,
or
(iii)
writings
that
evidence
a
right
6
to
payment
arising
out
of
the
use
of
a
credit
or
charge
card
or
7
information
contained
on
or
for
use
with
the
card.
8
be.
“New
value”
means
(i)
money
,
(ii)
;
money’s
worth
in
9
property,
services,
or
new
credit
,
;
or
(iii)
release
by
a
10
transferee
of
an
interest
in
property
previously
transferred
11
to
the
transferee.
The
term
does
not
include
an
obligation
12
substituted
for
another
obligation.
13
bg.
“Obligor”
means
a
person
that,
with
respect
to
an
14
obligation
secured
by
a
security
interest
in
or
an
agricultural
15
lien
on
the
collateral,
(i)
owes
payment
or
other
performance
16
of
the
obligation,
(ii)
has
provided
property
other
than
the
17
collateral
to
secure
payment
or
other
performance
of
the
18
obligation,
or
(iii)
is
otherwise
accountable
in
whole
or
in
19
part
for
payment
or
other
performance
of
the
obligation.
The
20
term
does
not
include
issuers
or
nominated
persons
under
a
21
letter
of
credit.
22
Sec.
153.
Section
554.12507,
subsection
3,
Code
2013,
is
23
amended
to
read
as
follows:
24
3.
a.
A
funds-transfer
system
rule
may
select
the
law
of
a
25
particular
jurisdiction
to
govern
(i)
:
26
(1)
the
rights
and
obligations
between
participating
banks
27
with
respect
to
payment
orders
transmitted
or
processed
through
28
the
system,
or
(ii)
29
(2)
the
rights
and
obligations
of
some
or
all
parties
to
a
30
funds
transfer
any
part
of
which
is
carried
out
by
means
of
the
31
system.
32
b.
A
choice
of
law
made
pursuant
to
clause
(i)
paragraph
33
“a”
,
subparagraph
(1),
is
binding
on
participating
banks.
A
34
choice
of
law
made
pursuant
to
clause
(ii)
paragraph
“a”
,
35
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143
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417
subparagraph
(2),
is
binding
on
the
originator,
other
sender,
1
or
a
receiving
bank
having
notice
that
the
funds-transfer
2
system
might
be
used
in
the
funds
transfer
and
of
the
choice
3
of
law
by
the
system
when
the
originator,
other
sender,
4
or
receiving
bank
issued
or
accepted
a
payment
order.
The
5
beneficiary
of
a
funds
transfer
is
bound
by
the
choice
of
law
6
if,
when
the
funds
transfer
is
initiated,
the
beneficiary
has
7
notice
that
the
funds-transfer
system
might
be
used
in
the
8
funds
transfer
and
of
the
choice
of
law
by
the
system.
The
9
law
of
a
jurisdiction
selected
pursuant
to
this
subsection
may
10
govern,
whether
or
not
that
law
bears
a
reasonable
relation
to
11
the
matter
in
issue.
12
Sec.
154.
Section
554.13103,
subsection
1,
paragraph
g,
13
subparagraph
(3),
subparagraph
division
(d),
Code
2013,
is
14
amended
to
read
as
follows:
15
(d)
if
the
lease
is
not
a
consumer
lease,
the
lessor,
before
16
the
lessee
signs
the
lease
contract,
informs
the
lessee
in
17
writing
(i)
of
the
identity
of
the
person
supplying
the
goods
18
to
the
lessor,
unless
the
lessee
has
selected
that
person
19
and
directed
the
lessor
to
acquire
the
goods
or
the
right
to
20
possession
and
use
of
the
goods
from
that
person
,
(ii)
;
that
21
the
lessee
is
entitled
under
this
Article
to
the
promises
and
22
warranties,
including
those
of
any
third
party,
provided
to
the
23
lessor
by
the
person
supplying
the
goods
in
connection
with
24
or
as
part
of
the
contract
by
which
the
lessor
acquired
the
25
goods
or
the
right
to
possession
and
use
of
the
goods
,
;
and
26
(iii)
that
the
lessee
may
communicate
with
the
person
supplying
27
the
goods
to
the
lessor
and
receive
an
accurate
and
complete
28
statement
of
those
promises
and
warranties,
including
any
29
disclaimers
and
limitations
of
them
or
of
remedies.
30
Sec.
155.
Section
554.13209,
subsection
2,
Code
2013,
is
31
amended
to
read
as
follows:
32
2.
The
extension
of
the
benefit
of
a
supplier’s
promises
and
33
of
warranties
to
the
lessee
under
subsection
1
does
not:
(i)
34
a.
modify
the
rights
and
obligations
of
the
parties
to
the
35
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417
supply
contract,
whether
arising
therefrom
or
otherwise,
or
1
(ii)
2
b.
impose
any
duty
or
liability
under
the
supply
contract
3
on
the
lessee.
4
Sec.
156.
Section
554.13527,
subsection
2,
Code
2013,
is
5
amended
to
read
as
follows:
6
2.
Except
as
otherwise
provided
with
respect
to
damages
7
liquidated
in
the
lease
agreement
(
section
554.13504
)
or
8
otherwise
determined
pursuant
to
agreement
of
the
parties
9
(
sections
554.1302
and
554.13503
),
if
the
disposition
is
by
10
lease
agreement
substantially
similar
to
the
original
lease
11
agreement
and
the
new
lease
agreement
is
made
in
good
faith
and
12
in
a
commercially
reasonable
manner,
the
lessor
may
recover
13
from
the
lessee
as
damages
(i)
accrued
and
unpaid
rent
as
of
14
the
date
of
the
commencement
of
the
term
of
the
new
lease
15
agreement
,
(ii)
;
the
present
value,
as
of
the
same
date,
of
the
16
total
rent
for
the
remaining
lease
term
of
the
original
lease
17
agreement
minus
the
present
value,
as
of
the
same
date,
of
the
18
rent
under
the
new
lease
agreement
applicable
to
that
period
of
19
the
new
lease
term
which
is
comparable
to
the
then
remaining
20
term
of
the
original
lease
agreement
,
;
and
(iii)
any
incidental
21
damages
allowed
under
section
554.13530
,
less
expenses
saved
in
22
consequence
of
the
lessee’s
default.
23
Sec.
157.
Section
554.13528,
subsection
1,
Code
2013,
is
24
amended
to
read
as
follows:
25
1.
Except
as
otherwise
provided
with
respect
to
damages
26
liquidated
in
the
lease
agreement
(
section
554.13504
)
or
27
otherwise
determined
pursuant
to
agreement
of
the
parties
28
(
sections
554.1302
and
554.13503
),
if
a
lessor
elects
to
retain
29
the
goods
or
a
lessor
elects
to
dispose
of
the
goods
and
the
30
disposition
is
by
lease
agreement
that
for
any
reason
does
not
31
qualify
for
treatment
under
section
554.13527,
subsection
2
,
or
32
is
by
sale
or
otherwise,
the
lessor
may
recover
from
the
lessee
33
as
damages
for
a
default
of
the
type
described
in
section
34
554.13523,
subsection
1
,
or
section
554.13523,
subsection
3
,
35
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417
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85
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73/
143
H.F.
417
paragraph
“a”
,
or,
if
agreed,
for
other
default
of
the
lessee,
1
(i)
2
a.
accrued
and
unpaid
rent
as
of
the
date
of
default
if
3
the
lessee
has
never
taken
possession
of
the
goods,
or,
if
the
4
lessee
has
taken
possession
of
the
goods,
as
of
the
date
the
5
lessor
repossesses
the
goods
or
an
earlier
date
on
which
the
6
lessee
makes
a
tender
of
the
goods
to
the
lessor,
(ii)
7
b.
the
present
value
as
of
the
date
determined
under
clause
8
(i)
paragraph
“a”
of
the
total
rent
for
the
then
remaining
lease
9
term
of
the
original
lease
agreement
minus
the
present
value
as
10
of
the
same
date
of
the
market
rent
at
the
place
where
the
goods
11
are
located
computed
for
the
same
lease
term,
and
(iii)
12
c.
any
incidental
damages
allowed
under
section
554.13530
,
13
less
expenses
saved
in
consequence
of
the
lessee’s
default.
14
Sec.
158.
Section
554D.104,
subsection
2,
paragraph
b,
Code
15
2013,
is
amended
to
read
as
follows:
16
b.
Chapter
554
other
than
chapter
554,
articles
2
and
13
,
17
and
section
554.1306
.
18
Sec.
159.
Section
559.2,
Code
2013,
is
amended
to
read
as
19
follows:
20
559.2
Definition
——
scope
of
power.
21
The
term
“power
to
appoint”
as
used
in
section
559.1
,
shall
22
mean
and
include
all
powers
which
are
in
substance
and
effect
23
powers
of
appointment,
regardless
of
the
language
used
in
24
creating
them
and
whether
they
are
(1)
general
:
25
1.
General
,
special
or
otherwise
,
(2)
vested
.
26
2.
Vested
,
contingent
or
conditional
,
(3)
in
.
27
3.
In
gross,
appendant,
simply
collateral,
in
trust
or
in
28
the
nature
of
a
trust
or
otherwise
,
(4)
exercisable
.
29
4.
Exercisable
by
an
instrument
amending,
revoking,
30
altering
,
or
terminating
a
trust
or
an
estate,
or
an
interest
31
thereunder
or
otherwise
,
(5)
exercisable
.
32
5.
Exercisable
presently
or
in
the
future
,
(6)
exercisable
.
33
6.
Exercisable
in
an
individual
or
a
fiduciary
capacity
34
whether
alone
or
in
conjunction
with
one
or
more
other
persons
35
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or
corporations
,
(7)
powers
.
1
7.
Powers
to
invade
or
consume
property
,
or
(8)
powers
.
2
8.
Powers
remaining
after
one
or
more
partial
releases
have
3
heretofore
or
hereafter
been
made
with
respect
to
a
power
to
4
appoint.
5
Sec.
160.
Section
559.6,
Code
2013,
is
amended
to
read
as
6
follows:
7
559.6
Delivery.
8
A
release
or
disclaimer
may
be
delivered
to
any
of
the
9
following:
(1)
10
1.
Any
person
who
could
be
adversely
affected
by
the
11
exercise
of
the
power
;
or
(2)
any
.
12
2.
Any
trustee
of
the
property
to
which
the
power
relates
;
13
or
(3)
any
.
14
3.
Any
person
specified
for
such
purpose
in
the
instrument
15
creating
the
power
;
or
(4)
the
.
16
4.
The
county
recorder
as
provided
in
section
559.1
.
17
Sec.
161.
Section
600A.4,
subsection
2,
paragraph
f,
Code
18
2013,
is
amended
to
read
as
follows:
19
f.
Shall
be
accompanied
by
a
report
which
includes,
20
to
the
extent
available,
the
complete
family
medical
and
21
social
history
of
the
person
to
be
adopted
including
any
22
known
genetic,
metabolic,
or
familial
disorders
and
the
23
complete
medical
and
developmental
history
of
the
person
to
24
be
adopted,
and
a
social
history
of
the
minor
child
and
the
25
minor
child’s
family
but
which
does
not
disclose
the
identity
26
of
the
biological
parents
of
the
person
to
be
adopted.
The
27
social
history
may
include
but
is
not
limited
to
the
minor
28
child’s
racial,
ethnic,
and
religious
background
and
a
general
29
description
of
the
minor
child’s
biological
parents
and
an
30
account
of
the
minor
child’s
prior
and
existing
relationship
31
with
any
relative,
foster
parent,
or
other
individual
with
whom
32
the
minor
child
regularly
lives
or
whom
the
child
regularly
33
visits.
34
(1)
A
biological
parent
may
also
provide
ongoing
35
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information
to
the
adoptive
parents,
as
additional
medical
1
or
social
history
information
becomes
known,
by
providing
2
information
to
the
clerk
of
court,
the
department
of
human
3
services,
or
the
agency
which
made
the
placement,
and
may
4
provide
the
current
address
of
the
biological
parent.
The
5
clerk
of
court,
the
department
of
human
services,
or
the
agency
6
which
made
the
placement
shall
transmit
the
information
to
the
7
adoptive
parents
if
the
address
of
the
adoptive
parents
is
8
known.
9
(2)
A
person
who
furnishes
a
report
required
under
this
10
paragraph
“f”
and
the
court
shall
not
disclose
any
information
11
upon
which
the
report
is
based
except
as
otherwise
provided
12
in
this
section
and
such
a
person
is
subject
to
the
penalties
13
provided
in
section
600.16
,
as
applicable.
A
person
who
is
the
14
subject
of
any
report
may
bring
a
civil
action
against
a
person
15
who
discloses
the
information
in
violation
of
this
section
.
16
(3)
Information
provided
under
this
paragraph
“f”
shall
not
17
be
used
as
evidence
in
any
civil
or
criminal
proceeding
against
18
a
person
who
is
the
subject
of
the
information.
19
(4)
The
department
shall
prescribe
forms
designed
to
obtain
20
the
family
medical
and
social
history
and
shall
provide
the
21
forms
at
no
charge
to
any
agency
or
person
who
executes
a
22
release
of
custody
of
the
minor
child
or
who
files
a
petition
23
for
termination
of
parental
rights.
The
existence
of
this
24
report
does
not
limit
a
person’s
ability
to
petition
the
court
25
for
release
of
records
in
accordance
with
other
provisions
of
26
law.
27
Sec.
162.
Section
631.8,
subsection
2,
paragraph
b,
Code
28
2013,
is
amended
to
read
as
follows:
29
b.
As
to
parties
who
have
appeared
or
are
existing
parties,
30
either
(1)
order
the
small
claim
to
be
heard
under
this
chapter
31
and
the
other
claim
to
be
tried
by
regular
procedure
or
(2)
32
order
both
claims
to
be
tried
by
regular
procedure.
33
Sec.
163.
Section
633.224,
Code
2013,
is
amended
to
read
as
34
follows:
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633.224
Advancements
——
in
general.
1
When
the
owner
of
property
transfers
it
as
an
advancement
2
to
a
person
who
would
be
an
heir
of
such
transferor
were
the
3
latter
to
die
at
that
time,
and
the
transferor
dies
intestate,
4
then
the
property
thus
advanced
shall
be
counted
toward
the
5
share
of
the
transferee
in
the
estate,
(
which
for
this
purpose
6
only
shall
be
increased
by
the
value
of
the
advancement
at
7
the
time
the
advancement
was
made
)
.
The
transferee
shall
8
have
no
liability
to
the
estate
for
such
part,
if
any,
of
the
9
advancement
as
may
be
in
excess
of
the
transferee’s
share
10
in
the
estate
as
thus
determined.
Every
gratuitous
inter
11
vivos
transfer
is
presumed
to
be
an
absolute
gift,
and
not
an
12
advancement.
Such
presumption
is
rebuttable.
13
Sec.
164.
Section
633.352,
Code
2013,
is
amended
to
read
as
14
follows:
15
633.352
Collection
of
rents
and
payment
of
taxes
and
charges.
16
Unless
otherwise
provided
by
the
will,
the
provisions
of
17
chapter
637
that
conflict
with
this
division
VII,
part
3
,
shall
18
not
apply
to
the
allocation
and
distribution
of
estate
income.
19
Sec.
165.
Section
648.3,
subsection
1,
Code
2013,
is
amended
20
to
read
as
follows:
21
1.
Before
action
can
be
brought
under
any
ground
specified
22
in
section
648.1
,
except
section
648.1,
subsection
1
,
three
23
days’
notice
to
quit
must
be
given
to
the
defendant
in
writing.
24
However,
a
landlord
who
has
given
a
tenant
three
days’
notice
25
to
pay
rent
and
has
terminated
the
tenancy
as
provided
in
26
section
562A.27,
subsection
2
,
or
section
562B.25,
subsection
27
2
,
if
the
tenant
is
renting
the
manufactured
or
mobile
home
or
28
the
land
from
the
landlord,
may
commence
the
action
without
29
giving
a
three-day
notice
to
quit.
30
Sec.
166.
Section
724.10,
subsection
2,
Code
2013,
is
31
amended
to
read
as
follows:
32
2.
The
issuing
officer,
upon
receipt
of
an
initial
or
33
renewal
application
under
this
section
,
shall
immediately
34
conduct
a
background
check
concerning
each
applicant
by
35
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obtaining
criminal
history
data
from
the
department
of
public
1
safety
which
shall
include
an
inquiry
of
the
national
instant
2
criminal
background
check
system
maintained
by
the
federal
3
bureau
of
investigation
or
any
successor
agency.
4
Sec.
167.
Section
724.17,
Code
2013,
is
amended
to
read
as
5
follows:
6
724.17
Application
for
annual
permit
to
acquire
——
criminal
7
history
check
required.
8
The
application
for
an
annual
permit
to
acquire
pistols
9
or
revolvers
may
be
made
to
the
sheriff
of
the
county
of
10
the
applicant’s
residence
and
shall
be
on
a
form
prescribed
11
and
published
by
the
commissioner
of
public
safety.
The
12
application
shall
require
only
the
full
name
of
the
applicant,
13
the
driver’s
license
or
nonoperator’s
identification
card
14
number
of
the
applicant,
the
residence
of
the
applicant,
15
and
the
date
and
place
of
birth
of
the
applicant.
The
16
applicant
shall
also
display
an
identification
card
that
17
bears
a
distinguishing
number
assigned
to
the
cardholder,
the
18
full
name,
date
of
birth,
sex,
residence
address,
and
brief
19
description
and
colored
photograph
of
the
cardholder,
or
other
20
identification
as
specified
by
rule
of
the
department
of
public
21
safety.
The
sheriff
shall
conduct
a
criminal
history
check
22
concerning
each
applicant
by
obtaining
criminal
history
data
23
from
the
department
of
public
safety
which
shall
include
an
24
inquiry
of
the
national
instant
criminal
background
check
25
system
maintained
by
the
federal
bureau
of
investigation
or
any
26
successor
agency.
A
person
who
makes
what
the
person
knows
27
to
be
a
false
statement
of
material
fact
on
an
application
28
submitted
under
this
section
or
who
submits
what
the
person
29
knows
to
be
any
materially
falsified
or
forged
documentation
in
30
connection
with
such
an
application
commits
a
class
“D”
felony.
31
Sec.
168.
Section
805.6,
subsection
3,
paragraph
a,
Code
32
2013,
is
amended
to
read
as
follows:
33
a.
(1)
The
uniform
citation
and
complaint
shall
contain
34
spaces
for
the
following:
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417
(a)
The
parties’
names
;
the
.
1
(b)
The
address
of
the
alleged
offender
;
the
.
2
(c)
The
registration
number
of
the
offender’s
vehicle
;
the
.
3
(d)
The
information
required
by
section
805.2
,
a
.
4
(e)
A
warning
which
states:
5
“I
I
hereby
swear
and
affirm
that
the
information
provided
by
6
me
on
this
citation
is
true
under
penalty
of
providing
false
7
information”;
and
a
information.
8
(f)
A
statement
that
providing
false
identification
9
information
is
a
violation
of
section
719.1A
;
a
.
10
(g)
A
list
of
the
scheduled
fines
prescribed
by
sections
11
805.8A
,
805.8B
,
and
805.8C
,
either
separately
or
by
group,
and
12
a
statement
of
the
court
costs
payable
in
scheduled
violation
13
cases,
whether
or
not
a
court
appearance
is
required
or
is
14
demanded
;
a
.
15
(h)
A
brief
explanation
of
sections
805.9
and
805.10
;
and
a
.
16
(i)
A
space
where
the
defendant
may
sign
an
admission
of
the
17
violation
when
permitted
by
section
805.9
;
and
the
.
18
(2)
The
uniform
citation
and
complaint
shall
require
that
19
the
defendant
appear
before
a
court
at
a
specified
time
and
20
place.
21
(3)
The
uniform
citation
and
complaint
also
may
contain
a
22
space
for
the
imprint
of
a
credit
card,
and
may
contain
any
23
other
information
which
the
commissioner
of
public
safety,
the
24
director
of
transportation,
and
the
director
of
the
department
25
of
natural
resources
may
determine.
26
Sec.
169.
Section
805.8B,
subsection
2,
paragraph
b,
27
subparagraph
(3),
Code
2013,
is
amended
to
read
as
follows:
28
(3)
For
operating
violations
under
section
321G.13,
29
subsection
1
,
paragraphs
“a”
,
“b”
,
“e”
,
“f”
,
“g”
,
“h”
,
and
“i”
,
30
and
section
321G.13,
subsections
2
and
3
,
the
scheduled
fine
31
is
one
hundred
dollars.
32
Sec.
170.
Section
805.8B,
subsection
2A,
paragraph
b,
33
subparagraph
(3),
Code
2013,
is
amended
to
read
as
follows:
34
(3)
For
operating
violations
under
section
321I.14,
35
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subsection
1
,
paragraphs
“a”
,
“e”
,
“f”
,
“g”
,
and
“h”
,
and
1
section
321I.14,
subsections
2,
3,
4,
and
5
,
the
scheduled
fine
2
is
one
hundred
dollars.
3
Sec.
171.
Section
809A.3,
Code
2013,
is
amended
to
read
as
4
follows:
5
809A.3
Conduct
giving
rise
to
forfeiture.
6
1.
The
following
conduct
may
give
rise
to
forfeiture:
7
1.
a.
An
act
or
omission
which
is
a
public
offense
and
8
which
is
a
serious
or
aggravated
misdemeanor
or
felony.
9
2.
b.
An
act
or
omission
occurring
outside
of
this
state,
10
that
would
be
punishable
by
confinement
of
one
year
or
more
in
11
the
place
of
occurrence
and
would
be
a
serious
or
aggravated
12
misdemeanor
or
felony
if
the
act
or
omission
occurred
in
this
13
state.
14
3.
c.
An
act
or
omission
committed
in
furtherance
of
any
15
act
or
omission
described
in
subsection
1
paragraph
“a”
,
which
16
is
a
serious
or
aggravated
misdemeanor
or
felony,
including
any
17
inchoate
or
preparatory
offense.
18
4.
2.
Notwithstanding
subsections
subsection
1
through
19
3
,
violations
of
chapter
321
or
321J
shall
not
be
considered
20
conduct
giving
rise
to
forfeiture,
except
for
violations
of
the
21
following:
22
a.
Section
321.232
.
23
b.
A
second
or
subsequent
violation
of
section
321J.4B,
24
subsection
2
,
paragraph
“a”
,
subparagraph
(2).
25
c.
Section
321J.4B,
subsection
9
.
26
Sec.
172.
Section
904.312,
Code
2013,
is
amended
to
read
as
27
follows:
28
904.312
Purchase
of
supplies.
29
1.
The
director
shall
adopt
rules
governing
the
purchase
of
30
all
articles
and
supplies
needed
at
the
various
institutions
31
and
the
form
and
verification
of
vouchers
for
the
purchases.
32
When
purchases
are
made
by
sample,
the
sample
shall
be
properly
33
marked
and
retained
until
after
an
award
or
delivery
of
the
34
items
is
made.
The
director
may
purchase
supplies
from
any
35
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417
institution
under
the
director’s
control,
for
use
in
any
other
1
institution,
and
reasonable
reimbursement
shall
be
made
for
2
these
purchases.
3
2.
The
director
shall,
whenever
technically
feasible,
4
purchase
and
use
degradable
loose
foam
packing
material
5
manufactured
from
grain
starches
or
other
renewable
resources,
6
unless
the
cost
of
the
packing
material
is
more
than
ten
7
percent
greater
than
the
cost
of
packing
material
made
from
8
nonrenewable
resources.
For
the
purposes
of
this
subsection,
9
“packing
material”
means
material,
other
than
an
exterior
10
packing
shell,
that
is
used
to
stabilize,
protect,
cushion,
or
11
brace
the
contents
of
a
package.
12
Sec.
173.
Section
915.82,
subsection
1,
Code
2013,
is
13
amended
to
read
as
follows:
14
1.
a.
A
crime
victim
assistance
board
is
established,
and
15
shall
consist
of
the
following
members
to
be
appointed
pursuant
16
to
rules
adopted
by
the
department:
17
a.
(1)
A
county
attorney
or
assistant
county
attorney.
18
b.
(2)
Two
persons
engaged
full-time
in
law
enforcement.
19
c.
(3)
A
public
defender
or
an
attorney
practicing
20
primarily
in
criminal
defense.
21
d.
(4)
A
hospital
medical
staff
person
involved
with
22
emergency
services.
23
e.
(5)
Two
public
members
who
have
received
victim
24
services.
25
f.
(6)
A
victim
service
provider.
26
g.
(7)
A
person
licensed
pursuant
to
chapter
154B
or
154C
.
27
h.
(8)
A
person
representing
the
elderly.
28
b.
Board
members
shall
be
reimbursed
for
expenses
actually
29
and
necessarily
incurred
in
the
discharge
of
their
duties.
30
DIVISION
II
31
VOLUME
VI
RENUMBERING
32
Sec.
174.
Section
556.2,
subsection
5,
Code
2013,
is
amended
33
to
read
as
follows:
34
5.
a.
A
banking
organization
or
financial
organization
35
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shall
send
to
the
owner
of
each
account,
to
which
none
of
the
1
actions
specified
in
subsection
2,
paragraphs
“a”
through
“e”
2
of
subsection
1
or
subsection
2,
paragraphs
“a”
through
“e”
of
3
subsection
2
have
occurred
during
the
preceding
three
calendar
4
years,
a
notice
by
certified
mail
stating
in
substance
the
5
following:
6
According
to
our
records,
we
have
had
no
contact
with
you
7
regarding
(describe
account)
for
more
than
three
years.
Under
8
Iowa
law,
if
there
is
a
period
of
three
years
without
contact,
9
we
may
be
required
to
transfer
this
account
to
the
custody
of
10
the
treasurer
of
state
of
Iowa
as
unclaimed
property.
You
11
may
prevent
this
by
taking
some
action,
such
as
a
deposit
or
12
withdrawal,
which
indicates
your
interest
in
this
account
or
by
13
signing
this
form
and
returning
it
to
us.
14
I
desire
to
keep
the
above
account
open
and
active.
15
.........
16
Your
signature
17
b.
The
notice
required
under
this
section
shall
be
mailed
18
within
thirty
days
of
the
lapse
of
the
three-year
period
in
19
which
there
is
no
activity.
The
cost
of
the
certified
mail
of
20
the
notice
required
in
this
section
may
be
deducted
from
the
21
account
by
the
banking
or
financial
organization.
22
Sec.
175.
Section
557B.3,
subsection
2,
unnumbered
23
paragraphs
2,
3,
4,
and
5,
Code
2013,
are
amended
to
read
as
24
follows:
25
3.
The
application
shall
be
signed
by
the
membership
camping
26
operator
or
an
officer
or
a
general
partner
of
the
membership
27
camping
operator,
or
by
another
person
holding
a
power
of
28
attorney
for
this
purpose
from
the
membership
camping
operator.
29
If
the
application
is
signed
pursuant
to
a
power
of
attorney,
30
a
copy
of
the
power
of
attorney
must
be
included
with
the
31
application.
32
4.
An
application
for
registration
shall
be
amended
within
33
twenty-five
days
of
any
material
change
in
the
information
34
included
in
the
application.
A
material
change
includes
any
35
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change
which
significantly
reduces
or
terminates
either
the
1
applicant’s
or
the
purchaser’s
right
to
use
the
campground
2
or
any
of
the
facilities
described
in
the
membership
camping
3
contract,
but
does
not
include
minor
changes
covering
the
use
4
of
the
campground,
its
facilities,
or
the
reciprocal
program.
5
5.
The
registration
of
the
membership
camping
operator
6
must
be
renewed
annually
by
filing
an
application
for
renewal
7
with
the
required
fee
not
later
than
thirty
days
prior
to
the
8
anniversary
of
the
current
registration.
The
application
shall
9
include
all
changes
which
have
occurred
in
the
information
10
included
in
the
application
previously
filed.
11
6.
Registration
with
the
attorney
general
does
not
12
constitute
approval
or
endorsement
by
the
attorney
general
13
of
the
membership
camping
operator,
the
membership
camping
14
contract,
or
the
campground,
and
any
attempt
by
the
membership
15
camping
operator
to
indicate
that
registration
constitutes
such
16
approval
or
endorsement
is
unlawful.
17
Sec.
176.
Section
557B.8,
Code
2013,
is
amended
to
read
as
18
follows:
19
557B.8
Disclosures
to
purchasers.
20
1.
A
membership
camping
operator
who
is
subject
to
the
21
registration
requirements
of
section
557B.3
shall
provide
a
22
disclosure
statement
to
a
purchaser
or
prospective
purchaser
23
before
the
person
signs
a
membership
camping
contract
or
gives
24
any
money
or
thing
of
value
for
the
purchase
of
a
membership
25
camping
contract.
26
1.
2.
The
front
cover
or
first
page
of
the
disclosure
27
statement
shall
contain
only
the
following,
in
the
order
28
stated:
29
a.
“MEMBERSHIP
CAMPING
OPERATOR’S
DISCLOSURE
STATEMENT”
30
printed
at
the
top
in
boldface
type
of
a
minimum
size
of
ten
31
points.
32
b.
The
name
and
principal
business
address
of
the
membership
33
camping
operator
and
any
material
affiliate
of
the
membership
34
camping
operator.
35
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c.
A
statement
that
the
membership
camping
operator
is
in
1
the
business
of
offering
for
sale
membership
camping
contracts.
2
d.
A
statement,
printed
in
boldface
type
of
a
minimum
size
3
of
ten
points,
which
reads
as
follows:
4
THIS
DISCLOSURE
STATEMENT
CONTAINS
IMPORTANT
MATTERS
TO
BE
5
CONSIDERED
IN
THE
EXECUTION
OF
A
MEMBERSHIP
CAMPING
CONTRACT.
6
THE
MEMBERSHIP
CAMPING
OPERATOR
IS
REQUIRED
BY
LAW
TO
DELIVER
7
TO
YOU
A
COPY
OF
THIS
DISCLOSURE
STATEMENT
BEFORE
YOU
EXECUTE
8
A
MEMBERSHIP
CAMPING
CONTRACT.
THE
STATEMENTS
CONTAINED
IN
9
THIS
DOCUMENT
ARE
ONLY
SUMMARY
IN
NATURE.
YOU
AS
A
PROSPECTIVE
10
PURCHASER
SHOULD
REVIEW
ALL
REFERENCES,
EXHIBITS,
CONTRACT
11
DOCUMENTS,
AND
SALES
MATERIALS.
YOU
SHOULD
NOT
RELY
UPON
ANY
12
ORAL
REPRESENTATIONS
AS
BEING
CORRECT.
REFER
TO
THIS
DOCUMENT
13
AND
TO
THE
ACCOMPANYING
EXHIBITS
FOR
CORRECT
REPRESENTATIONS.
14
THE
MEMBERSHIP
CAMPING
OPERATOR
IS
PROHIBITED
FROM
MAKING
ANY
15
REPRESENTATIONS
WHICH
CONFLICT
WITH
THOSE
CONTAINED
IN
THE
16
CONTRACT
AND
THIS
DISCLOSURE
STATEMENT.
17
e.
A
statement,
printed
in
boldface
type
of
a
minimum
size
18
of
ten
points,
which
reads
as
follows:
19
IF
YOU
EXECUTE
A
MEMBERSHIP
CAMPING
CONTRACT,
YOU
HAVE
20
THE
UNQUALIFIED
RIGHT
TO
CANCEL
THE
CONTRACT.
THIS
RIGHT
OF
21
CANCELLATION
CANNOT
BE
WAIVED.
THE
RIGHT
TO
CANCEL
EXPIRES
22
AT
MIDNIGHT
ON
THE
THIRD
BUSINESS
DAY
FOLLOWING
THE
DATE
ON
23
WHICH
THE
CONTRACT
WAS
EXECUTED
OR
THE
DATE
OF
RECEIPT
OF
24
THIS
DISCLOSURE
STATEMENT,
WHICHEVER
EVENT
OCCURS
LATER.
TO
25
CANCEL
THE
MEMBERSHIP
CAMPING
CONTRACT,
YOU
AS
THE
PURCHASER
26
MUST
HAND
DELIVER
OR
MAIL
NOTICE
OF
YOUR
INTENT
TO
CANCEL
TO
27
THE
MEMBERSHIP
CAMPING
OPERATOR
AT
THE
ADDRESS
SHOWN
IN
THE
28
MEMBERSHIP
CAMPING
CONTRACT,
POSTAGE
PREPAID.
THE
MEMBERSHIP
29
CAMPING
OPERATOR
IS
REQUIRED
BY
LAW
TO
RETURN
ALL
MONEYS
PAID
30
BY
YOU
IN
CONNECTION
WITH
THE
EXECUTION
OF
THE
MEMBERSHIP
31
CAMPING
CONTRACT,
UPON
YOUR
PROPER
AND
TIMELY
CANCELLATION
OF
32
THE
CONTRACT
AND
RETURN
OF
ALL
MEMBERSHIP
AND
RECIPROCAL
USE
33
PROGRAM
MATERIALS
FURNISHED
AT
THE
TIME
OF
PURCHASE.
34
2.
3.
The
following
pages
of
the
disclosure
statement
shall
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contain
all
of
the
following
in
the
order
stated:
1
a.
The
name,
principal
occupation,
and
address
of
every
2
director,
partner,
or
controlling
person
of
the
membership
3
camping
operator.
4
b.
A
brief
description
of
the
nature
of
the
purchaser’s
5
right
or
license
to
use
the
campground
and
the
facilities
which
6
are
to
be
available
for
use
by
purchasers.
7
c.
A
brief
description
of
the
membership
camping
operator’s
8
experience
in
the
membership
camping
business,
including
the
9
length
of
time
the
operator
has
been
in
the
membership
camping
10
business.
11
d.
The
location
of
each
of
the
campgrounds
which
is
to
be
12
available
for
use
by
purchasers
and
a
brief
description
of
the
13
facilities
at
each
campground
which
are
currently
available
for
14
use
by
purchasers.
Facilities
which
are
planned,
incomplete,
15
or
not
yet
available
for
use
shall
be
clearly
identified
16
as
incomplete
or
unavailable.
A
brief
description
of
any
17
facilities
that
are
or
will
be
available
to
nonpurchasers
shall
18
also
be
provided.
The
description
shall
include,
but
need
19
not
be
limited
to,
the
number
of
campsites
in
each
park,
the
20
number
of
campsites
in
each
park
with
full
or
partial
hookups,
21
swimming
pools,
tennis
courts,
recreation
buildings,
restrooms
22
and
showers,
laundry
rooms,
trading
posts,
and
grocery
stores.
23
e.
The
fees
and
charges
that
purchasers
are
or
may
24
be
required
to
pay
for
the
use
of
the
campground
or
any
25
facilities.
26
f.
Any
initial
or
special
fee
due
from
the
purchaser,
27
together
with
a
description
of
the
purpose
and
method
of
28
calculating
the
fee.
29
g.
The
extent
to
which
financial
arrangements,
if
any,
have
30
been
provided
for
the
completion
of
facilities,
together
with
31
a
statement
of
the
membership
camping
operator’s
obligation
32
to
complete
planned
facilities.
The
statement
shall
include
33
a
description
of
any
restrictions
or
limitations
on
the
34
membership
camping
operator’s
obligation
to
begin
or
to
35
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417
complete
the
facilities.
1
h.
The
names
of
the
managing
entity,
if
any,
and
the
2
significant
terms
of
any
management
contract,
including
but
3
not
limited
to,
the
circumstances
under
which
the
membership
4
camping
operator
may
terminate
the
management
contract.
5
i.
A
summary
or
copy,
whether
by
way
of
supplement
or
6
otherwise,
of
the
rules,
restrictions,
or
covenants
regulating
7
the
purchaser’s
use
of
the
campground
and
the
facilities
8
which
are
to
be
available
for
use
by
the
purchaser,
including
9
a
statement
of
whether
and
how
the
rules,
restrictions,
or
10
covenants
may
be
changed.
11
j.
A
brief
description
of
the
policies
covering
the
12
availability
of
camping
sites,
the
availability
of
reservations
13
and
the
conditions
under
which
they
are
made.
14
k.
A
brief
description
of
any
grounds
for
forfeiture
of
a
15
purchaser’s
membership
camping
contract.
16
l.
A
statement
of
whether
the
membership
camping
operator
17
has
the
right
to
withdraw
permanently
from
use,
all
or
any
18
portion
of
any
campground
devoted
to
membership
camping
and,
19
if
so,
the
conditions
under
which
the
withdrawal
is
to
be
20
permitted.
21
m.
A
statement
describing
the
material
terms
and
conditions
22
of
any
reciprocal
program
to
be
available
to
the
purchaser,
23
including
a
statement
concerning
whether
the
purchaser’s
24
participation
in
any
reciprocal
program
is
dependent
on
the
25
continued
affiliation
of
the
membership
camping
operator
with
26
that
reciprocal
program
and
whether
the
membership
camping
27
operator
reserves
the
right
to
terminate
such
affiliation.
28
n.
As
to
all
memberships
offered
by
the
membership
camping
29
operator
at
each
campground,
all
of
the
following:
30
(1)
The
form
of
membership
offered.
31
(2)
The
types
of
duration
of
membership
along
with
a
32
summary
of
the
major
privileges,
restrictions,
and
limitations
33
applicable
to
each
type.
34
(3)
Provisions
that
have
been
made
for
public
utilities
35
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417
at
each
campsite
including
water,
electricity,
telephone,
and
1
sewage
facilities.
2
o.
A
statement
of
the
assistance,
if
any,
that
the
3
membership
camping
operator
will
provide
to
the
purchaser
in
4
the
resale
of
membership
camping
contracts
and
a
detailed
5
description
of
how
any
such
resale
program
is
operated.
6
p.
The
following
statement,
printed
in
boldface
type
of
a
7
minimum
size
of
ten
points:
8
REGISTRATION
OF
THE
MEMBERSHIP
CAMPING
OPERATOR
WITH
THE
IOWA
9
ATTORNEY
GENERAL
DOES
NOT
CONSTITUTE
AN
APPROVAL
OR
ENDORSEMENT
10
BY
THE
ATTORNEY
GENERAL
OF
THE
MEMBERSHIP
CAMPING
OPERATOR,
THE
11
MEMBERSHIP
CAMPING
CONTRACT,
OR
THE
CAMPGROUND.
12
4.
The
membership
camping
operator
shall
promptly
amend
the
13
disclosure
statement
to
reflect
any
material
change
and
shall
14
promptly
file
any
such
amendments
with
the
attorney
general.
15
Sec.
177.
Section
562A.15,
subsections
1
and
2,
Code
2013,
16
are
amended
to
read
as
follows:
17
1.
a.
The
landlord
shall:
18
a.
(1)
Comply
with
the
requirements
of
applicable
building
19
and
housing
codes
materially
affecting
health
and
safety.
20
b.
(2)
Make
all
repairs
and
do
whatever
is
necessary
to
put
21
and
keep
the
premises
in
a
fit
and
habitable
condition.
22
c.
(3)
Keep
all
common
areas
of
the
premises
in
a
clean
23
and
safe
condition.
The
landlord
shall
not
be
liable
for
any
24
injury
caused
by
any
objects
or
materials
which
belong
to
or
25
which
have
been
placed
by
a
tenant
in
the
common
areas
of
the
26
premises
used
by
the
tenant.
27
d.
(4)
Maintain
in
good
and
safe
working
order
and
28
condition
all
electrical,
plumbing,
sanitary,
heating,
29
ventilating,
air-conditioning,
and
other
facilities
and
30
appliances,
including
elevators,
supplied
or
required
to
be
31
supplied
by
the
landlord.
32
e.
(5)
Provide
and
maintain
appropriate
receptacles
and
33
conveniences,
accessible
to
all
tenants,
for
the
central
34
collection
and
removal
of
ashes,
garbage,
rubbish,
and
other
35
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417
waste
incidental
to
the
occupancy
of
the
dwelling
unit
and
1
arrange
for
their
removal.
2
f.
(6)
Supply
running
water
and
reasonable
amounts
of
3
hot
water
at
all
times
and
reasonable
heat,
except
where
the
4
building
that
includes
the
dwelling
unit
is
not
required
by
5
law
to
be
equipped
for
that
purpose,
or
the
dwelling
unit
6
is
so
constructed
that
heat
or
hot
water
is
generated
by
an
7
installation
within
the
exclusive
control
of
the
tenant
and
8
supplied
by
a
direct
public
utility
connection.
9
b.
If
the
duty
imposed
by
paragraph
“a”
,
subparagraph
10
(1),
of
this
subsection
is
greater
than
a
duty
imposed
by
11
another
subparagraph
of
paragraph
“a”
of
this
subsection
,
the
12
landlord’s
duty
shall
be
determined
by
reference
to
paragraph
13
“a”
,
subparagraph
(1)
of
this
subsection
.
14
2.
The
landlord
and
tenant
of
a
single
family
residence
may
15
agree
in
writing
that
the
tenant
perform
the
landlord’s
duties
16
specified
in
paragraphs
“e”
and
“f”
of
subsection
1
,
paragraph
17
“a”
,
subparagraphs
(5)
and
(6),
and
also
specified
repairs,
18
maintenance
tasks,
alterations,
and
remodeling,
but
only
if
the
19
transaction
is
entered
into
in
good
faith.
20
Sec.
178.
Section
562A.27A,
subsection
3,
Code
2013,
is
21
amended
to
read
as
follows:
22
3.
a.
This
section
shall
not
apply
to
a
tenant
if
the
23
activities
causing
the
clear
and
present
danger,
as
defined
24
in
subsection
2
,
are
conducted
by
a
person
on
the
premises
25
other
than
the
tenant
and
the
tenant
takes
at
least
one
of
26
the
following
measures
against
the
person
conducting
the
27
activities:
28
a.
(1)
The
tenant
seeks
a
protective
order,
restraining
29
order,
order
to
vacate
the
homestead,
or
other
similar
relief
30
pursuant
to
chapter
236
,
598
,
664A
,
or
915
,
or
any
other
31
applicable
provision
which
would
apply
to
the
person
conducting
32
the
activities
causing
the
clear
and
present
danger.
33
b.
(2)
The
tenant
reports
the
activities
causing
the
clear
34
and
present
danger
to
a
law
enforcement
agency
or
the
county
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attorney
in
an
effort
to
initiate
a
criminal
action
against
the
1
person
conducting
the
activities.
2
c.
(3)
The
tenant
writes
a
letter
to
the
person
conducting
3
the
activities
causing
the
clear
and
present
danger,
telling
4
the
person
not
to
return
to
the
premises
and
that
a
return
to
5
the
premises
may
result
in
a
trespass
or
other
action
against
6
the
person,
and
the
tenant
sends
a
copy
of
the
letter
to
a
law
7
enforcement
agency
whose
jurisdiction
includes
the
premises.
8
If
the
tenant
has
previously
written
a
letter
to
the
person
9
as
provided
in
this
paragraph
subparagraph
,
without
taking
an
10
action
specified
in
paragraph
“a”
subparagraph
(1)
or
“b”
(2)
11
or
filing
a
trespass
or
other
action,
and
the
person
to
whom
12
the
letter
was
sent
conducts
further
activities
causing
a
clear
13
and
present
danger,
the
tenant
must
take
one
of
the
actions
14
specified
in
paragraph
“a”
subparagraph
(1)
or
“b”
(2)
to
be
15
exempt
from
proceedings
pursuant
to
subsection
1
.
16
b.
However,
in
order
to
fall
within
the
exemptions
provided
17
within
this
subsection
,
the
tenant
must
provide
written
proof
18
to
the
landlord,
prior
to
the
commencement
of
a
suit
against
19
the
tenant,
that
the
tenant
has
taken
one
of
the
measures
20
specified
in
paragraphs
paragraph
“a”
,
subparagraphs
(1)
21
through
“c”
(3)
.
22
Sec.
179.
Section
562B.11,
subsection
2,
Code
2013,
is
23
amended
to
read
as
follows:
24
2.
A
provision
prohibited
by
subsection
1
of
this
section
25
included
in
a
rental
agreement
is
unenforceable.
If
a
landlord
26
or
tenant
knowingly
uses
a
rental
agreement
containing
27
provisions
known
to
be
prohibited
by
this
chapter
,
the
other
28
party
may
recover
actual
damages
sustained.
29
3.
Nothing
in
this
chapter
shall
prohibit
a
rental
agreement
30
from
requiring
a
tenant
to
maintain
liability
insurance
which
31
names
the
landlord
as
an
insured
as
relates
to
the
mobile
home
32
space
rented
by
the
tenant.
33
Sec.
180.
Section
562B.25A,
subsection
3,
Code
2013,
is
34
amended
to
read
as
follows:
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3.
a.
This
section
shall
not
apply
to
a
tenant
if
the
1
activities
causing
the
clear
and
present
danger,
as
defined
2
in
subsection
2
,
are
conducted
by
a
person
on
the
premises
3
other
than
the
tenant
and
the
tenant
takes
at
least
one
of
4
the
following
measures
against
the
person
conducting
the
5
activities:
6
a.
(1)
The
tenant
seeks
a
protective
order,
restraining
7
order,
order
to
vacate
the
homestead,
or
other
similar
relief
8
pursuant
to
chapter
236
,
598
,
664A
,
or
915
,
or
any
other
9
applicable
provision
which
would
apply
to
the
person
conducting
10
the
activities
causing
the
clear
and
present
danger.
11
b.
(2)
The
tenant
reports
the
activities
causing
the
clear
12
and
present
danger
to
a
law
enforcement
agency
or
the
county
13
attorney
in
an
effort
to
initiate
a
criminal
action
against
the
14
person
conducting
the
activities.
15
c.
(3)
The
tenant
writes
a
letter
to
the
person
conducting
16
the
activities
causing
the
clear
and
present
danger,
telling
17
the
person
not
to
return
to
the
premises
and
that
a
return
to
18
the
premises
may
result
in
a
trespass
or
other
action
against
19
the
person,
and
the
tenant
sends
a
copy
of
the
letter
to
a
law
20
enforcement
agency
whose
jurisdiction
includes
the
premises.
21
If
the
tenant
has
previously
written
a
letter
to
the
person
22
as
provided
in
this
paragraph
subparagraph
,
without
taking
an
23
action
specified
in
paragraph
“a”
subparagraph
(1)
or
“b”
(2)
24
or
filing
a
trespass
or
other
action,
and
the
person
to
whom
25
the
letter
was
sent
conducts
further
activities
causing
a
clear
26
and
present
danger,
the
tenant
must
take
one
of
the
actions
27
specified
in
paragraph
“a”
subparagraph
(1)
or
“b”
(2)
to
be
28
exempt
from
proceedings
pursuant
to
subsection
1
.
29
b.
However,
in
order
to
fall
within
the
exemptions
provided
30
within
this
subsection
,
the
tenant
must
provide
written
proof
31
to
the
landlord,
prior
to
the
commencement
of
a
suit
against
32
the
tenant,
that
the
tenant
has
taken
one
of
the
measures
33
specified
in
paragraphs
paragraph
“a”
,
subparagraphs
(1)
34
through
“c”
(3)
.
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Sec.
181.
Section
585.3,
Code
2013,
is
amended
to
read
as
1
follows:
2
585.3
Caption
of
publication.
3
1.
The
publication
required
by
this
chapter
shall
be
made
4
under
the
following
caption
or
heading,
to
wit:
5
Proposed
bill
for
the
legalization
of
the
proceedings
of
6
(name
of
official
body).
7
2.
If
the
proposed
bill
be
for
the
legalization
of
the
bonds
8
or
warrants
of
the
public
corporation,
the
caption
shall
be
9
modified
accordingly.
10
Sec.
182.
Section
600.16A,
subsection
3,
Code
2013,
is
11
amended
to
read
as
follows:
12
3.
a.
In
addition
to
other
procedures
by
which
adoption
13
records
may
be
opened
under
this
section
,
if
both
of
the
14
following
conditions
are
met,
the
department,
the
clerk
of
15
court,
or
the
agency
which
made
the
placement
shall
open
the
16
adoption
record
for
inspection
and
shall
reveal
the
identity
17
of
the
biological
parents
to
the
adult
adopted
child
or
the
18
identity
of
the
adult
adopted
child
to
the
biological
parents:
19
a.
(1)
A
biological
parent
has
placed
in
the
adoption
20
record
written
consent
to
revelation
of
the
biological
parent’s
21
identity
to
the
adopted
child
at
an
age
specified
by
the
22
biological
parent,
upon
request
of
the
adopted
child.
23
b.
(2)
An
adult
adopted
child
has
placed
in
the
adoption
24
record
written
consent
to
revelation
of
the
identity
of
the
25
adult
adopted
child
to
a
biological
parent.
26
b.
A
person
who
has
placed
in
the
adoption
record
written
27
consent
pursuant
to
paragraph
“a”
,
subparagraph
(1)
or
“b”
28
of
this
subsection
(2)
may
withdraw
the
consent
at
any
time
29
by
placing
a
written
withdrawal
of
consent
statement
in
the
30
adoption
record.
31
c.
Notwithstanding
the
provisions
of
this
subsection
,
if
32
the
adult
adopted
person
has
a
sibling
who
is
a
minor
and
who
33
has
also
been
adopted
by
the
same
parents,
the
department,
the
34
clerk
of
court,
or
the
agency
which
made
the
placement
may
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deny
the
request
of
either
the
adult
adopted
person
or
the
1
biological
parent
to
open
the
adoption
records
and
to
reveal
2
the
identities
of
the
parties
pending
determination
by
the
3
juvenile
court
or
court
that
there
is
good
cause
to
open
the
4
records
pursuant
to
subsection
2
.
5
Sec.
183.
Section
602.1606,
Code
2013,
is
amended
to
read
6
as
follows:
7
602.1606
Judicial
officer
disqualified.
8
1.
A
judicial
officer
is
disqualified
from
acting
in
a
9
proceeding,
except
upon
the
consent
of
all
of
the
parties,
if
10
any
of
the
following
circumstances
exists:
11
1.
a.
The
judicial
officer
has
a
personal
bias
or
12
prejudice
concerning
a
party,
or
personal
knowledge
of
disputed
13
evidentiary
facts
concerning
the
proceeding.
14
2.
b.
The
judicial
officer
served
as
a
lawyer
in
the
matter
15
in
controversy,
or
a
lawyer
with
whom
the
judicial
officer
16
previously
practiced
law
served
during
that
association
as
a
17
lawyer
concerning
the
matter,
or
the
judicial
officer
or
such
18
lawyer
has
been
a
material
witness
concerning
the
matter.
19
3.
c.
The
judicial
officer
knows
that
the
officer,
20
individually
or
as
a
fiduciary,
or
the
officer’s
spouse
or
a
21
person
related
to
either
of
them
by
consanguinity
or
affinity
22
within
the
third
degree
or
the
spouse
of
such
a
person
has
a
23
financial
interest
in
the
subject
matter
in
controversy
or
in
a
24
party
to
the
proceeding,
or
has
any
other
interest
that
could
25
be
substantially
affected
by
the
outcome
of
the
proceeding.
26
4.
d.
The
judicial
officer
or
the
officer’s
spouse,
or
a
27
person
related
to
either
of
them
by
consanguinity
or
affinity
28
within
the
third
degree
or
the
spouse
of
such
a
person,
is
a
29
party
to
the
proceeding,
or
an
officer,
director,
or
trustee
30
of
a
party,
or
is
acting
as
a
lawyer
in
the
proceeding,
or
is
31
known
by
the
judicial
officer
to
have
an
interest
that
could
be
32
substantially
affected
by
the
outcome
of
the
proceeding,
or
is,
33
to
the
judicial
officer’s
knowledge,
likely
to
be
a
material
34
witness
in
the
proceeding.
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2.
A
judicial
officer
shall
disclose
to
all
parties
in
a
1
proceeding
any
existing
circumstances
in
subsections
subsection
2
1
,
paragraphs
“a”
through
4
“d”
,
before
the
parties
consent
to
3
the
judicial
officer’s
presiding
in
the
proceeding.
4
Sec.
184.
Section
607A.22,
Code
2013,
is
amended
to
read
as
5
follows:
6
607A.22
Use
of
source
lists
——
information
provided.
7
1.
The
appointive
jury
commission
or
the
jury
manager
shall
8
use
both
of
the
following
source
lists
in
preparing
grand
and
9
petit
jury
lists:
10
1.
a.
The
current
voter
registration
list.
11
2.
b.
The
current
motor
vehicle
operators
list.
12
2.
The
appointive
jury
commission
or
the
jury
manager
may
13
use
any
other
current
comprehensive
list
of
persons
residing
in
14
the
county,
including
but
not
limited
to
the
lists
of
public
15
utility
customers,
which
the
appointive
jury
commission
or
16
jury
manager
determines
are
useable
for
the
purpose
of
a
juror
17
source
list.
18
3.
The
applicable
state
and
local
government
officials
19
shall
furnish,
upon
request,
the
appointive
jury
commission
or
20
jury
manager
with
copies
of
lists
necessary
for
the
formulation
21
of
source
lists
at
no
cost
to
the
commission,
manager,
or
22
county.
23
4.
The
jury
manager
or
jury
commission
may
request
24
a
consolidated
source
list.
A
consolidated
source
list
25
contains
all
the
names
and
addresses
found
in
either
the
voter
26
registration
list
or
the
motor
vehicle
operators
list,
but
does
27
not
duplicate
an
individual’s
name
within
the
consolidated
28
list.
State
officials
shall
cooperate
with
one
another
29
to
prepare
consolidated
lists.
The
jury
manager
or
jury
30
commission
may
further
request
that
only
a
randomly
chosen
31
portion
of
the
consolidated
list
be
prepared
which
may
consist
32
of
either
a
certain
number
of
names
or
a
certain
percentage
of
33
all
the
names
in
the
consolidated
list,
as
specified
by
the
34
jury
manager
or
jury
commission.
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Sec.
185.
Section
607A.27,
Code
2013,
is
amended
to
read
as
1
follows:
2
607A.27
Preparation
for
drawing
of
panels.
3
1.
The
names
entered
upon
the
appointive
jury
commission’s
4
or
jury
manager’s
lists
and
deposited
in
the
office
of
the
5
clerk
or
jury
manager
constitute
the
grand
and
petit
master
6
lists,
from
which
grand
and
petit
jurors
shall
be
drawn.
7
2.
Within
ten
days
after
the
lists
are
deposited
in
the
8
office
of
the
clerk
or
jury
manager,
the
clerk
or
jury
manager
9
shall
do
either
of
the
following:
10
1.
a.
Prepare
from
the
lists
separate
ballots,
uniform
in
11
size,
shape,
and
appearance,
and
folded
to
conceal
information
12
on
the
ballot.
The
ballots
for
grand
and
petit
jurors
shall
be
13
kept
separate
and
each
ballot
shall
contain
the
name
and
place
14
of
residence
of
each
prospective
juror.
15
2.
b.
Use
electronic
data
processing
equipment
for
the
16
storage
of
names
of
the
grand
and
petit
jurors.
The
numerical
17
division
required
in
section
607A.21
need
not
be
used
when
a
18
jury
wheel
is
used
for
the
preparation
of
the
lists.
19
Sec.
186.
Section
619.19,
Code
2013,
is
amended
to
read
as
20
follows:
21
619.19
Verification
not
required
——
affidavits.
22
1.
Pleadings
need
not
be
verified
unless
otherwise
required
23
by
statute.
Where
a
pleading
is
verified,
it
is
not
necessary
24
that
subsequent
pleadings
be
verified
unless
otherwise
required
25
by
statute.
26
2.
The
signature
of
a
party,
the
party’s
legal
counsel,
or
27
any
other
person
representing
the
party,
to
a
motion,
pleading,
28
or
other
paper
is
a
certificate
that:
29
1.
a.
The
person
has
read
the
motion,
pleading,
or
other
30
paper.
31
2.
b.
To
the
best
of
the
person’s
knowledge,
information,
32
and
belief,
formed
after
reasonable
inquiry,
it
is
grounded
in
33
fact
and
is
warranted
by
existing
law
or
a
good
faith
argument
34
for
the
extension,
modification,
or
reversal
of
existing
law.
35
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3.
c.
It
is
not
interposed
for
any
improper
purpose,
such
1
as
to
harass
or
cause
an
unnecessary
delay
or
needless
increase
2
in
the
cost
of
litigation.
3
3.
If
a
motion,
pleading,
or
other
paper
is
not
signed,
4
it
shall
be
stricken
unless
it
is
signed
promptly
after
the
5
omission
is
called
to
the
attention
of
the
pleader
or
movant.
6
4.
If
a
motion,
pleading,
or
other
paper
is
signed
in
7
violation
of
this
section
,
the
court,
upon
motion
or
upon
its
8
own
initiative,
shall
impose
upon
the
person
signing,
the
9
represented
party,
or
both,
an
appropriate
sanction,
which
may
10
include
an
order
to
pay
the
other
party
or
parties
the
amount
11
of
the
reasonable
expenses
incurred
because
of
the
filing
of
12
the
motion,
pleading,
or
other
paper,
including
a
reasonable
13
attorney
fee.
14
Sec.
187.
Section
625A.9,
subsection
2,
paragraph
a,
Code
15
2013,
is
amended
to
read
as
follows:
16
a.
(1)
Except
as
provided
in
paragraph
“b”
,
if
the
judgment
17
or
order
appealed
from
is
for
money,
such
bond
shall
not
exceed
18
one
hundred
ten
percent
of
the
amount
of
the
money
judgment.
19
(2)
The
court
may
set
a
bond
in
an
amount
in
excess
of
20
one
hundred
ten
percent
of
the
amount
of
the
money
judgment
21
upon
making
specific
findings
justifying
such
an
amount,
and
22
in
doing
so,
shall
consider,
but
shall
not
be
limited
to
23
consideration
of,
the
following
criteria:
24
(1)
(a)
The
availability
and
cost
of
the
bond
or
other
form
25
of
adequate
security.
26
(2)
(b)
The
assets
of
the
judgment
debtor
and
of
the
27
judgment
debtor’s
insurer
or
indemnitor,
if
any.
28
(3)
(c)
The
potential
adverse
effects
of
the
bond
on
the
29
judgment
debtor,
including,
but
not
limited
to,
the
potential
30
adverse
effects
on
the
judgment
debtor’s
employees,
financial
31
stability,
and
business
operations.
32
(4)
(d)
The
potential
adverse
effects
of
the
bond
on
the
33
judgment
creditor
and
third
parties,
including
public
entities.
34
(5)
(e)
In
a
class
action
suit,
the
adequacy
of
the
bond
to
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compensate
all
members
of
the
class.
1
Sec.
188.
Section
627.6,
subsection
6,
Code
2013,
is
amended
2
to
read
as
follows:
3
6.
The
interest
of
an
individual
in
any
accrued
dividend
4
or
interest,
loan
or
cash
surrender
value
of,
or
any
other
5
interest
in
a
life
insurance
policy
owned
by
the
individual
6
if
the
beneficiary
of
the
policy
is
the
individual’s
spouse,
7
child,
or
dependent.
However,
the
amount
of
the
exemption
8
shall
not
exceed
ten
thousand
dollars
in
the
aggregate
of
any
9
interest
or
value
in
insurance
acquired
within
two
years
of
10
the
date
execution
is
issued
or
exemptions
are
claimed,
or
11
for
additions
within
the
same
time
period
to
a
prior
existing
12
policy
which
additions
are
in
excess
of
the
amount
necessary
to
13
fund
the
amount
of
face
value
coverage
of
the
policies
for
the
14
two-year
period.
For
purposes
of
this
unnumbered
paragraph,
15
acquisitions
shall
not
include
such
interest
in
new
policies
16
used
to
replace
prior
policies
to
the
extent
of
any
accrued
17
dividend
or
interest,
loan
or
cash
surrender
value
of,
or
any
18
other
interest
in
the
prior
policies
at
the
time
of
their
19
cancellation.
20
a.
In
the
absence
of
a
written
agreement
or
assignment
to
21
the
contrary,
upon
the
death
of
the
insured
any
benefit
payable
22
to
the
spouse,
child,
or
dependent
of
the
individual
under
a
23
life
insurance
policy
shall
inure
to
the
separate
use
of
the
24
beneficiary
independently
of
the
insured’s
creditors.
25
b.
A
benefit
or
indemnity
paid
under
an
accident,
health,
or
26
disability
insurance
policy
is
exempt
to
the
insured
or
in
case
27
of
the
insured’s
death
to
the
spouse,
child,
or
dependent
of
28
the
insured,
from
the
insured’s
debts.
29
c.
In
case
of
an
insured’s
death
the
avails
of
all
matured
30
policies
of
life,
accident,
health,
or
disability
insurance
31
payable
to
the
surviving
spouse,
child,
or
dependent
are
exempt
32
from
liability
for
all
debts
of
the
beneficiary
contracted
33
prior
to
death
of
the
insured,
but
the
amount
thus
exempted
34
shall
not
exceed
fifteen
thousand
dollars
in
the
aggregate.
35
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Sec.
189.
Section
627.6,
subsection
8,
paragraph
f,
Code
1
2013,
is
amended
to
read
as
follows:
2
f.
(1)
Contributions
and
assets,
including
the
accumulated
3
earnings
and
market
increases
in
value,
in
any
of
the
plans
or
4
contracts
as
follows:
5
(1)
(a)
All
transfers,
in
any
amount,
from
a
trust
forming
6
part
of
a
stock,
bonus,
pension,
or
profit-sharing
plan
of
an
7
employer
defined
in
section
401(a)
of
the
Internal
Revenue
Code
8
and
of
which
the
trust
assets
are
exempt
from
taxation
under
9
section
501(a)
of
the
Internal
Revenue
Code
and
covered
by
10
the
Employee
Retirement
Income
Security
Act
of
1974
(ERISA),
11
as
codified
at
29
U.S.C.
§
1001
et
seq.,
to
either
of
the
12
following:
13
(a)
(i)
A
succeeding
trust
authorized
under
federal
law
on
14
or
after
April
25,
2001.
15
(b)
(ii)
An
individual
retirement
account
or
individual
16
retirement
annuity
established
under
section
408(d)(3)
of
the
17
Internal
Revenue
Code,
from
which
the
total
value,
including
18
accumulated
earnings
and
market
increases
in
value,
may
be
19
contributed
to
a
succeeding
trust
authorized
under
federal
law
20
on
or
after
April
25,
2001.
For
purposes
of
this
subparagraph
21
division
,
transfers,
in
any
amount,
from
an
individual
22
retirement
account
or
individual
retirement
annuity
established
23
under
section
408(d)(3)
of
the
Internal
Revenue
Code
to
an
24
individual
retirement
account
or
individual
retirement
annuity
25
established
under
section
408(d)(3)
of
the
Internal
Revenue
26
Code,
or
an
individual
retirement
account
established
under
27
section
408(a)
of
the
Internal
Revenue
Code,
or
an
individual
28
retirement
annuity
established
under
section
408(b)
of
the
29
Internal
Revenue
Code,
or
a
Roth
individual
retirement
account,
30
or
a
Roth
individual
retirement
annuity
established
under
31
section
408A
of
the
Internal
Revenue
Code
are
exempt.
32
(2)
(b)
(i)
All
transfers,
in
any
amount,
from
an
33
eligible
retirement
plan
to
an
individual
retirement
account,
34
an
individual
retirement
annuity,
a
Roth
individual
retirement
35
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account,
or
a
Roth
individual
retirement
annuity
established
1
under
section
408A
of
the
Internal
Revenue
Code
shall
be
exempt
2
from
execution
and
from
the
claims
of
creditors.
3
(ii)
As
used
in
this
subparagraph
division
,
“eligible
4
retirement
plan”
means
the
funds
or
assets
in
any
retirement
5
plan
established
under
state
or
federal
law
that
meet
all
of
6
the
following
requirements:
7
(a)
(A)
Can
be
transferred
to
an
individual
retirement
8
account
or
individual
retirement
annuity
established
under
9
sections
408(a)
and
408(b)
of
the
Internal
Revenue
Code
or
Roth
10
individual
retirement
accounts
and
Roth
individual
retirement
11
annuities
established
under
section
408A
of
the
Internal
12
Revenue
Code.
13
(b)
(B)
Are
either
exempt
from
execution
under
state
or
14
federal
law
or
are
excluded
from
a
bankruptcy
estate
under
11
15
U.S.C.
§
541(c)(2)
et
seq.
16
(3)
(c)
Retirement
plans
established
pursuant
to
qualified
17
domestic
relations
orders,
as
defined
in
26
U.S.C.
§
414.
18
However,
nothing
in
this
section
shall
be
construed
as
making
19
any
retirement
plan
exempt
from
the
claims
of
the
beneficiary
20
of
a
qualified
domestic
relations
order
or
from
claims
for
21
child
support
or
alimony.
22
(4)
(d)
For
simplified
employee
pension
plans,
23
self-employed
pension
plans
(also
known
as
Keogh
plans
or
24
H.R.
10
plans),
individual
retirement
accounts
established
25
under
section
408(a)
of
the
Internal
Revenue
Code,
individual
26
retirement
annuities
established
under
section
408(b)
of
the
27
Internal
Revenue
Code,
savings
incentive
matched
plans
for
28
employees,
salary
reduction
simplified
employee
pension
plans
29
(also
known
as
SARSEPs),
and
similar
plans
for
retirement
30
investments
authorized
in
the
future
under
federal
law,
the
31
exemption
for
contributions
shall
not
exceed,
for
each
tax
32
year
of
contributions,
the
actual
amount
of
the
contribution
33
deducted
on
the
debtor’s
tax
return
or
the
maximum
amount
34
which
could
be
contributed
to
an
individual
retirement
account
35
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established
under
section
408(a)
of
the
Internal
Revenue
Code
1
and
deducted
in
the
tax
year
of
the
contribution,
whichever
2
is
less.
The
exemption
for
accumulated
earnings
and
market
3
increases
in
value
of
plans
under
this
subparagraph
division
4
shall
be
limited
to
an
amount
determined
by
multiplying
all
5
the
accumulated
earnings
and
market
increases
in
value
by
a
6
fraction,
the
numerator
of
which
is
the
total
amount
of
exempt
7
contributions
as
determined
by
this
subparagraph
division
,
and
8
the
denominator
of
which
is
the
total
of
exempt
and
nonexempt
9
contributions
to
the
plan.
10
(5)
(e)
For
Roth
individual
retirement
accounts
and
Roth
11
individual
retirement
annuities
established
under
section
408A
12
of
the
Internal
Revenue
Code
and
similar
plans
for
retirement
13
investments
authorized
in
the
future
under
federal
law,
the
14
exemption
for
contributions
shall
not
exceed,
for
each
tax
year
15
of
contributions,
the
actual
amount
of
the
contribution
or
the
16
maximum
amount
which
federal
law
allows
to
be
contributed
to
17
such
plans.
The
exemption
for
accumulated
earnings
and
market
18
increases
in
value
of
plans
under
this
subparagraph
division
19
shall
be
limited
to
an
amount
determined
by
multiplying
all
of
20
the
accumulated
earnings
and
market
increases
in
value
by
a
21
fraction,
the
numerator
of
which
is
the
total
amount
of
exempt
22
contributions
as
determined
by
this
subparagraph
division
,
and
23
the
denominator
of
which
is
the
total
of
exempt
and
nonexempt
24
contributions
to
the
plan.
25
(6)
(f)
For
all
contributions
to
plans
described
in
26
subparagraphs
(4)
subparagraph
divisions
(d)
and
(5)
(e)
,
the
27
maximum
contribution
in
each
of
the
two
tax
years
preceding
28
the
claim
of
exemption
or
filing
of
a
bankruptcy
shall
be
29
limited
to
the
maximum
deductible
contribution
to
an
individual
30
retirement
account
established
under
section
408(a)
of
the
31
Internal
Revenue
Code,
regardless
of
which
plan
for
retirement
32
investment
has
been
chosen
by
the
debtor.
33
(7)
(g)
Exempt
assets
transferred
from
any
individual
34
retirement
account,
individual
retirement
annuity,
Roth
35
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individual
retirement
account,
or
Roth
individual
retirement
1
annuity
to
any
other
individual
retirement
account,
individual
2
retirement
annuity,
Roth
individual
retirement
annuity,
3
or
Roth
individual
retirement
account
established
under
4
section
408A
of
the
Internal
Revenue
Code
shall
continue
5
to
be
exempt
regardless
of
the
number
of
times
transferred
6
between
individual
retirement
accounts,
individual
retirement
7
annuities,
Roth
individual
retirement
annuities,
or
Roth
8
individual
retirement
accounts.
9
(2)
For
purposes
of
this
paragraph
“f”
,
“market
increases
in
10
value”
shall
include,
but
shall
not
be
limited
to,
dividends,
11
stock
splits,
interest,
and
appreciation.
“Contributions”
means
12
contributions
by
the
debtor
and
by
the
debtor’s
employer.
13
Sec.
190.
Section
633.197,
Code
2013,
is
amended
to
read
as
14
follows:
15
633.197
Compensation.
16
1.
Personal
representatives
shall
be
allowed
such
17
reasonable
fees
as
may
be
determined
by
the
court
for
services
18
rendered,
but
not
in
excess
of
the
following
commissions
upon
19
the
gross
assets
of
the
estate
listed
in
the
probate
inventory,
20
which
shall
be
received
as
full
compensation
for
all
ordinary
21
services:
22
a.
For
the
first
one
thousand
dollars,
six
percent
;
.
23
b.
For
the
overplus
between
one
and
five
thousand
dollars,
24
four
percent
;
.
25
c.
For
all
sums
over
five
thousand
dollars,
two
percent.
26
2.
For
purposes
of
this
section
,
the
gross
assets
of
the
27
estate
shall
not
include
life
insurance
proceeds,
unless
28
payable
to
the
decedent’s
estate.
29
Sec.
191.
Section
633.228,
Code
2013,
is
amended
to
read
as
30
follows:
31
633.228
Time
allowed.
32
1.
To
file
such
petition,
there
shall
be
allowed,
commencing
33
with
the
death
of
the
decedent:
34
1.
a.
To
the
surviving
spouse,
a
period
of
twenty
days
;
.
35
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2.
b.
To
each
other
class
in
succession,
a
period
of
ten
1
days.
2
2.
The
period
allowed
each
class
shall
be
advanced
to
the
3
period
allowed
the
preceding
class
if
there
is
no
member
of
4
such
preceding
class.
Any
member
of
any
class
may
file
such
5
petition
after
the
expiration
of
the
period
allowed
to
the
6
member
if
letters
have
not
been
issued
prior
thereto.
7
Sec.
192.
Section
633.290,
Code
2013,
is
amended
to
read
as
8
follows:
9
633.290
Petition
for
probate
of
will.
10
1.
At
the
time
the
will
of
a
decedent
is
filed
with
the
11
clerk,
or
thereafter,
any
interested
person
may
file
a
verified
12
petition
in
the
district
court
of
the
proper
county:
13
1.
a.
To
have
the
will
admitted
to
probate
;
.
14
2.
b.
For
the
appointment
of
the
executor.
15
2.
A
petition
for
probate
may
be
combined
with
a
petition
16
for
appointment
of
the
executor,
and
any
person
interested
17
in
either
the
probate
of
a
will
or
in
the
appointment
of
the
18
executor,
may
petition
for
both.
19
Sec.
193.
Section
633A.3107,
subsection
2,
unnumbered
20
paragraph
2,
Code
2013,
is
amended
to
read
as
follows:
21
3.
For
the
purposes
of
this
section
,
“relative
of
the
22
settlor’s
spouse”
means
a
person
who
is
related
to
the
divorced
23
settlor’s
former
spouse
by
blood,
adoption,
or
affinity,
and
24
who,
subsequent
to
the
divorce
or
dissolution
of
marriage,
25
ceased
to
be
related
to
the
settlor
by
blood,
adoption,
or
26
affinity.
27
Sec.
194.
Section
654.12A,
Code
2013,
is
amended
to
read
as
28
follows:
29
654.12A
Priority
of
advances
under
mortgages.
30
1.
Subject
to
section
572.18
,
if
a
prior
recorded
mortgage
31
contains
the
notice
prescribed
in
this
section
and
identifies
32
the
maximum
credit
available
to
the
borrower,
then
loans
and
33
advances
made
under
the
mortgage,
up
to
the
maximum
amount
34
of
credit
together
with
interest
thereon,
are
senior
to
35
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417
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417
indebtedness
to
other
creditors
under
subsequently
recorded
1
mortgages
and
other
subsequently
recorded
or
filed
liens
even
2
though
the
holder
of
the
prior
recorded
mortgage
has
actual
3
notice
of
indebtedness
under
a
subsequently
recorded
mortgage
4
or
other
subsequently
recorded
or
filed
lien.
So
long
as
5
credit
is
available
to
the
borrower,
payment
of
the
outstanding
6
mortgage
balance
to
zero
shall
not
extinguish
the
prior
7
recorded
mortgage
if
it
contains
the
notice
prescribed
by
this
8
section
.
The
notice
prescribed
by
this
section
for
the
prior
9
recorded
mortgage
is
as
follows:
10
NOTICE:
This
mortgage
secures
credit
in
the
amount
of
11
......
.
Loans
and
advances
up
to
this
amount,
together
with
12
interest,
are
senior
to
indebtedness
to
other
creditors
under
13
subsequently
recorded
or
filed
mortgages
and
liens.
14
2.
However,
the
priority
of
a
prior
recorded
mortgage
15
under
this
section
does
not
apply
to
loans
or
advances
made
16
after
receipt
of
notice
of
foreclosure
or
action
to
enforce
a
17
subsequently
recorded
mortgage
or
other
subsequently
recorded
18
or
filed
lien.
19
Sec.
195.
Section
654.20,
Code
2013,
is
amended
to
read
as
20
follows:
21
654.20
Foreclosure
without
redemption
——
nonagricultural
22
land.
23
1.
If
the
mortgaged
property
is
not
used
for
an
agricultural
24
purpose
as
defined
in
section
535.13
,
the
plaintiff
in
an
25
action
to
foreclose
a
real
estate
mortgage
may
include
in
the
26
petition
an
election
for
foreclosure
without
redemption.
The
27
election
is
effective
only
if
the
first
page
of
the
petition
28
contains
the
following
notice
in
capital
letters
of
the
same
29
type
or
print
size
as
the
rest
of
the
petition:
30
NOTICE
31
THE
PLAINTIFF
HAS
ELECTED
FORECLOSURE
WITHOUT
REDEMPTION.
32
THIS
MEANS
THAT
THE
SALE
OF
THE
MORTGAGED
PROPERTY
WILL
OCCUR
33
PROMPTLY
AFTER
ENTRY
OF
JUDGMENT
UNLESS
YOU
FILE
WITH
THE
COURT
34
A
WRITTEN
DEMAND
TO
DELAY
THE
SALE.
IF
YOU
FILE
A
WRITTEN
35
-102-
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417
DEMAND,
THE
SALE
WILL
BE
DELAYED
UNTIL
TWELVE
MONTHS
(or
1
SIX
MONTHS
if
the
petition
includes
a
waiver
of
deficiency
2
judgment)
FROM
ENTRY
OF
JUDGMENT
IF
THE
MORTGAGED
PROPERTY
3
IS
YOUR
RESIDENCE
AND
IS
A
ONE-FAMILY
OR
TWO-FAMILY
DWELLING
4
OR
UNTIL
TWO
MONTHS
FROM
ENTRY
OF
JUDGMENT
IF
THE
MORTGAGED
5
PROPERTY
IS
NOT
YOUR
RESIDENCE
OR
IS
YOUR
RESIDENCE
BUT
NOT
A
6
ONE-FAMILY
OR
TWO-FAMILY
DWELLING.
YOU
WILL
HAVE
NO
RIGHT
OF
7
REDEMPTION
AFTER
THE
SALE.
THE
PURCHASER
AT
THE
SALE
WILL
BE
8
ENTITLED
TO
IMMEDIATE
POSSESSION
OF
THE
MORTGAGED
PROPERTY.
9
YOU
MAY
PURCHASE
AT
THE
SALE.
10
2.
If
the
plaintiff
has
not
included
in
the
petition
a
11
waiver
of
deficiency
judgment,
then
the
notice
shall
include
12
the
following:
13
IF
YOU
DO
NOT
FILE
A
WRITTEN
DEMAND
TO
DELAY
THE
SALE
AND
IF
14
THE
MORTGAGED
PROPERTY
IS
YOUR
RESIDENCE
AND
IS
A
ONE-FAMILY
15
OR
TWO-FAMILY
DWELLING,
THEN
A
DEFICIENCY
JUDGMENT
WILL
NOT
BE
16
ENTERED
AGAINST
YOU.
IF
YOU
DO
FILE
A
WRITTEN
DEMAND
TO
DELAY
17
THE
SALE,
THEN
A
DEFICIENCY
JUDGMENT
MAY
BE
ENTERED
AGAINST
YOU
18
IF
THE
PROCEEDS
FROM
THE
SALE
OF
THE
MORTGAGED
PROPERTY
ARE
19
INSUFFICIENT
TO
SATISFY
THE
AMOUNT
OF
THE
MORTGAGE
DEBT
AND
20
COSTS.
21
IF
THE
MORTGAGED
PROPERTY
IS
NOT
YOUR
RESIDENCE
OR
IS
NOT
A
22
ONE-FAMILY
OR
TWO-FAMILY
DWELLING,
THEN
A
DEFICIENCY
JUDGMENT
23
MAY
BE
ENTERED
AGAINST
YOU
WHETHER
OR
NOT
YOU
FILE
A
WRITTEN
24
DEMAND
TO
DELAY
THE
SALE.
25
3.
If
the
election
for
foreclosure
without
redemption
is
26
made,
then
sections
654.21
through
654.26
apply.
27
Sec.
196.
Section
670.4,
Code
2013,
is
amended
to
read
as
28
follows:
29
670.4
Claims
exempted.
30
1.
The
liability
imposed
by
section
670.2
shall
have
no
31
application
to
any
claim
enumerated
in
this
section
.
As
to
any
32
such
claim,
a
municipality
shall
be
liable
only
to
the
extent
33
liability
may
be
imposed
by
the
express
statute
dealing
with
34
such
claims
and,
in
the
absence
of
such
express
statute,
the
35
-103-
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417
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85
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143
H.F.
417
municipality
shall
be
immune
from
liability.
1
1.
a.
Any
claim
by
an
employee
of
the
municipality
which
is
2
covered
by
the
Iowa
workers’
compensation
law.
3
2.
b.
Any
claim
in
connection
with
the
assessment
or
4
collection
of
taxes.
5
3.
c.
Any
claim
based
upon
an
act
or
omission
of
an
officer
6
or
employee
of
the
municipality,
exercising
due
care,
in
the
7
execution
of
a
statute,
ordinance,
or
regulation
whether
the
8
statute,
ordinance
or
regulation
is
valid,
or
based
upon
the
9
exercise
or
performance
or
the
failure
to
exercise
or
perform
a
10
discretionary
function
or
duty
on
the
part
of
the
municipality
11
or
an
officer
or
employee
of
the
municipality,
whether
or
not
12
the
discretion
is
abused.
13
4.
d.
Any
claim
against
a
municipality
as
to
which
the
14
municipality
is
immune
from
liability
by
the
provisions
of
any
15
other
statute
or
where
the
action
based
upon
such
claim
has
16
been
barred
or
abated
by
operation
of
statute
or
rule
of
civil
17
procedure.
18
5.
e.
Any
claim
for
punitive
damages.
19
6.
f.
Any
claim
for
damages
caused
by
a
municipality’s
20
failure
to
discover
a
latent
defect
in
the
course
of
an
21
inspection.
22
7.
g.
Any
claim
based
upon
or
arising
out
of
a
claim
23
of
negligent
design
or
specification,
negligent
adoption
24
of
design
or
specification,
or
negligent
construction
or
25
reconstruction
of
a
highway,
secondary
road,
or
street
as
26
defined
in
section
321.1,
subsection
78
,
that
was
constructed
27
or
reconstructed
in
accordance
with
a
generally
recognized
28
engineering
or
safety
standard,
criteria,
or
design
theory
in
29
existence
at
the
time
of
the
construction
or
reconstruction.
A
30
claim
under
this
chapter
shall
not
be
allowed
for
failure
to
31
upgrade,
improve,
or
alter
any
aspect
of
an
existing
highway,
32
secondary
road,
or
street,
to
new,
changed,
or
altered
design
33
standards.
In
respect
to
highways
and
roads,
sealcoating,
34
asphalting,
patching,
resurfacing,
ditching,
draining,
35
-104-
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417
(4)
85
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143
H.F.
417
repairing,
graveling,
rocking,
blading,
or
maintaining
an
1
existing
highway
or
road
does
not
constitute
reconstruction.
2
This
subsection
paragraph
shall
not
apply
to
claims
based
upon
3
gross
negligence.
4
8.
h.
Any
claim
based
upon
or
arising
out
of
a
claim
of
5
negligent
design
or
specification,
negligent
adoption
of
design
6
or
specification,
or
negligent
construction
or
reconstruction
7
of
a
public
improvement
as
defined
in
section
384.37,
8
subsection
19
,
or
other
public
facility
that
was
constructed
9
or
reconstructed
in
accordance
with
a
generally
recognized
10
engineering
or
safety
standard,
criteria,
or
design
theory
in
11
existence
at
the
time
of
the
construction
or
reconstruction.
A
12
claim
under
this
chapter
shall
not
be
allowed
for
failure
to
13
upgrade,
improve,
or
alter
any
aspect
of
an
existing
public
14
improvement
or
other
public
facility
to
new,
changed,
or
15
altered
design
standards.
This
subsection
paragraph
shall
not
16
apply
to
claims
based
upon
gross
negligence.
This
subsection
17
paragraph
takes
effect
July
1,
1984,
and
applies
to
all
cases
18
tried
or
retried
on
or
after
July
1,
1984.
19
9.
i.
Any
claim
based
upon
an
act
or
omission
by
an
officer
20
or
employee
of
the
municipality
or
the
municipality’s
governing
21
body,
in
the
granting,
suspension,
or
revocation
of
a
license
22
or
permit,
where
the
damage
was
caused
by
the
person
to
whom
23
the
license
or
permit
was
issued,
unless
the
act
of
the
officer
24
or
employee
constitutes
actual
malice
or
a
criminal
offense.
25
10.
j.
Any
claim
based
upon
an
act
or
omission
of
an
26
officer
or
employee
of
the
municipality,
whether
by
issuance
of
27
permit,
inspection,
investigation,
or
otherwise,
and
whether
28
the
statute,
ordinance,
or
regulation
is
valid,
if
the
damage
29
was
caused
by
a
third
party,
event,
or
property
not
under
the
30
supervision
or
control
of
the
municipality,
unless
the
act
or
31
omission
of
the
officer
or
employee
constitutes
actual
malice
32
or
a
criminal
offense.
33
11.
k.
A
claim
based
upon
or
arising
out
of
an
act
or
34
omission
in
connection
with
an
emergency
response
including
but
35
-105-
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417
(4)
85
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105/
143
H.F.
417
not
limited
to
acts
or
omissions
in
connection
with
emergency
1
response
communications
services.
2
12.
l.
A
claim
relating
to
a
swimming
pool
or
spa
as
3
defined
in
section
135I.1
which
has
been
inspected
by
a
4
municipality
or
the
state
in
accordance
with
chapter
135I
,
5
or
a
swimming
pool
or
spa
inspection
program
which
has
been
6
certified
by
the
state
in
accordance
with
that
chapter,
whether
7
or
not
owned
or
operated
by
a
municipality,
unless
the
claim
is
8
based
upon
an
act
or
omission
of
an
officer
or
employee
of
the
9
municipality
and
the
act
or
omission
constitutes
actual
malice
10
or
a
criminal
offense.
11
13.
m.
A
claim
based
on
an
act
or
omission
by
a
county
or
12
city
pursuant
to
section
717.2A
or
chapter
717B
relating
to
13
either
of
the
following:
14
a.
(1)
Rescuing
neglected
livestock
or
another
animal
by
a
15
law
enforcement
officer.
16
b.
(2)
Maintaining
or
disposing
of
neglected
livestock
or
17
another
animal
by
a
county
or
city.
18
14.
n.
Any
claim
based
upon
or
arising
out
of
a
claim
of
19
negligent
design
or
specification,
negligent
adoption
of
design
20
or
specification,
or
negligent
construction
or
reconstruction
21
of
a
public
facility
designed
for
purposes
of
skateboarding,
22
in-line
skating,
bicycling,
unicycling,
scootering,
river
23
rafting,
canoeing,
or
kayaking
that
was
constructed
or
24
reconstructed,
reasonably
and
in
good
faith,
in
accordance
25
with
generally
recognized
engineering
or
safety
standards
or
26
design
theories
in
existence
at
the
time
of
the
construction
27
or
reconstruction.
28
15.
o.
Any
claim
based
upon
or
arising
out
of
an
act
or
29
omission
of
an
officer
or
employee
of
the
municipality
or
30
the
municipality’s
governing
body
by
a
person
skateboarding,
31
in-line
skating,
bicycling,
unicycling,
scootering,
river
32
rafting,
canoeing,
or
kayaking
on
public
property
when
33
the
person
knew
or
reasonably
should
have
known
that
the
34
skateboarding,
in-line
skating,
bicycling,
unicycling,
35
-106-
HF
417
(4)
85
lh/rj/md
106/
143
H.F.
417
scootering,
river
rafting,
canoeing,
or
kayaking
created
a
1
substantial
risk
of
injury
to
the
person
and
was
voluntarily
2
in
the
place
of
risk.
The
exemption
from
liability
contained
3
in
this
subsection
paragraph
shall
only
apply
to
claims
for
4
injuries
or
damage
resulting
from
the
risks
inherent
in
the
5
activities
of
skateboarding,
in-line
skating,
bicycling,
6
unicycling,
scootering,
river
rafting,
canoeing,
or
kayaking.
7
2.
The
remedy
against
the
municipality
provided
by
section
8
670.2
shall
hereafter
be
exclusive
of
any
other
civil
action
9
or
proceeding
by
reason
of
the
same
subject
matter
against
the
10
officer,
employee
or
agent
whose
act
or
omission
gave
rise
to
11
the
claim,
or
the
officer’s,
employee’s,
or
agent’s
estate.
12
3.
This
section
does
not
expand
any
existing
cause
of
action
13
or
create
any
new
cause
of
action
against
a
municipality.
14
Sec.
197.
Section
704.2,
Code
2013,
is
amended
to
read
as
15
follows:
16
704.2
Deadly
force.
17
1.
The
term
“deadly
force”
means
any
of
the
following:
18
1.
a.
Force
used
for
the
purpose
of
causing
serious
injury.
19
2.
b.
Force
which
the
actor
knows
or
reasonably
should
20
know
will
create
a
strong
probability
that
serious
injury
will
21
result.
22
3.
c.
The
discharge
of
a
firearm,
other
than
a
firearm
23
loaded
with
less
lethal
munitions
and
discharged
by
a
peace
24
officer,
corrections
officer,
or
corrections
official
in
25
the
line
of
duty,
in
the
direction
of
some
person
with
the
26
knowledge
of
the
person’s
presence
there,
even
though
no
intent
27
to
inflict
serious
physical
injury
can
be
shown.
28
4.
d.
The
discharge
of
a
firearm,
other
than
a
firearm
29
loaded
with
less
lethal
munitions
and
discharged
by
a
peace
30
officer,
corrections
officer,
or
corrections
official
in
the
31
line
of
duty,
at
a
vehicle
in
which
a
person
is
known
to
be.
32
2.
As
used
in
this
section
,
“less
lethal
munitions”
33
means
projectiles
which
are
designed
to
stun,
temporarily
34
incapacitate,
or
cause
temporary
discomfort
to
a
person
without
35
-107-
HF
417
(4)
85
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penetrating
the
person’s
body.
1
Sec.
198.
Section
706.3,
Code
2013,
is
amended
to
read
as
2
follows:
3
706.3
Penalties.
4
1.
A
person
who
commits
a
conspiracy
to
commit
a
forcible
5
felony
is
guilty
of
a
class
“C”
felony.
6
2.
A
person
who
commits
a
conspiracy
to
commit
a
felony,
7
other
than
a
forcible
felony,
is
guilty
of
a
class
“D”
felony.
8
3.
A
person
who
commits
a
conspiracy
to
commit
a
misdemeanor
9
is
guilty
of
a
misdemeanor
of
the
same
class.
10
Sec.
199.
Section
707.2,
Code
2013,
is
amended
to
read
as
11
follows:
12
707.2
Murder
in
the
first
degree.
13
1.
A
person
commits
murder
in
the
first
degree
when
the
14
person
commits
murder
under
any
of
the
following
circumstances:
15
1.
a.
The
person
willfully,
deliberately,
and
with
16
premeditation
kills
another
person.
17
2.
b.
The
person
kills
another
person
while
participating
18
in
a
forcible
felony.
19
3.
c.
The
person
kills
another
person
while
escaping
or
20
attempting
to
escape
from
lawful
custody.
21
4.
d.
The
person
intentionally
kills
a
peace
officer,
22
correctional
officer,
public
employee,
or
hostage
while
the
23
person
is
imprisoned
in
a
correctional
institution
under
the
24
jurisdiction
of
the
Iowa
department
of
corrections,
or
in
a
25
city
or
county
jail.
26
5.
e.
The
person
kills
a
child
while
committing
child
27
endangerment
under
section
726.6,
subsection
1
,
paragraph
“b”
,
28
or
while
committing
assault
under
section
708.1
upon
the
child,
29
and
the
death
occurs
under
circumstances
manifesting
an
extreme
30
indifference
to
human
life.
31
6.
f.
The
person
kills
another
person
while
participating
32
in
an
act
of
terrorism
as
defined
in
section
708A.1
.
33
2.
Murder
in
the
first
degree
is
a
class
“A”
felony.
34
3.
For
purposes
of
determining
whether
a
person
should
35
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register
as
a
sex
offender
pursuant
to
the
provisions
of
1
chapter
692A
,
the
fact
finder
shall
make
a
determination
as
2
provided
in
section
692A.126
.
3
Sec.
200.
Section
707.3,
Code
2013,
is
amended
to
read
as
4
follows:
5
707.3
Murder
in
the
second
degree.
6
1.
A
person
commits
murder
in
the
second
degree
when
the
7
person
commits
murder
which
is
not
murder
in
the
first
degree.
8
2.
Murder
in
the
second
degree
is
a
class
“B”
felony.
9
However,
notwithstanding
section
902.9,
subsection
2
1,
10
paragraph
“b”
,
the
maximum
sentence
for
a
person
convicted
under
11
this
section
shall
be
a
period
of
confinement
of
not
more
than
12
fifty
years.
13
3.
For
purposes
of
determining
whether
a
person
should
14
register
as
a
sex
offender
pursuant
to
the
provisions
of
15
chapter
692A
,
the
fact
finder
shall
make
a
determination
as
16
provided
in
section
692A.126
.
17
Sec.
201.
Section
709.4,
Code
2013,
is
amended
to
read
as
18
follows:
19
709.4
Sexual
abuse
in
the
third
degree.
20
1.
A
person
commits
sexual
abuse
in
the
third
degree
when
21
the
person
performs
a
sex
act
under
any
of
the
following
22
circumstances:
23
1.
a.
The
act
is
done
by
force
or
against
the
will
of
the
24
other
person,
whether
or
not
the
other
person
is
the
person’s
25
spouse
or
is
cohabiting
with
the
person.
26
2.
b.
The
act
is
between
persons
who
are
not
at
the
time
27
cohabiting
as
husband
and
wife
and
if
any
of
the
following
are
28
true:
29
a.
(1)
The
other
person
is
suffering
from
a
mental
defect
30
or
incapacity
which
precludes
giving
consent.
31
b.
(2)
The
other
person
is
twelve
or
thirteen
years
of
age.
32
c.
(3)
The
other
person
is
fourteen
or
fifteen
years
of
age
33
and
any
of
the
following
are
true:
34
(1)
(a)
The
person
is
a
member
of
the
same
household
as
the
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other
person.
1
(2)
(b)
The
person
is
related
to
the
other
person
by
blood
2
or
affinity
to
the
fourth
degree.
3
(3)
(c)
The
person
is
in
a
position
of
authority
over
the
4
other
person
and
uses
that
authority
to
coerce
the
other
person
5
to
submit.
6
(4)
(d)
The
person
is
four
or
more
years
older
than
the
7
other
person.
8
3.
c.
The
act
is
performed
while
the
other
person
is
under
9
the
influence
of
a
controlled
substance,
which
may
include
but
10
is
not
limited
to
flunitrazepam,
and
all
of
the
following
are
11
true:
12
a.
(1)
The
controlled
substance,
which
may
include
but
is
13
not
limited
to
flunitrazepam,
prevents
the
other
person
from
14
consenting
to
the
act.
15
b.
(2)
The
person
performing
the
act
knows
or
reasonably
16
should
have
known
that
the
other
person
was
under
the
influence
17
of
the
controlled
substance,
which
may
include
but
is
not
18
limited
to
flunitrazepam.
19
4.
d.
The
act
is
performed
while
the
other
person
is
20
mentally
incapacitated,
physically
incapacitated,
or
physically
21
helpless.
22
2.
Sexual
abuse
in
the
third
degree
is
a
class
“C”
felony.
23
Sec.
202.
Section
709.8,
Code
2013,
is
amended
to
read
as
24
follows:
25
709.8
Lascivious
acts
with
a
child.
26
1.
It
is
unlawful
for
any
person
sixteen
years
of
age
or
27
older
to
perform
any
of
the
following
acts
with
a
child
with
28
or
without
the
child’s
consent
unless
married
to
each
other,
29
for
the
purpose
of
arousing
or
satisfying
the
sexual
desires
30
of
either
of
them:
31
1.
a.
Fondle
or
touch
the
pubes
or
genitals
of
a
child.
32
2.
b.
Permit
or
cause
a
child
to
fondle
or
touch
the
33
person’s
genitals
or
pubes.
34
3.
c.
Solicit
a
child
to
engage
in
a
sex
act
or
solicit
a
35
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person
to
arrange
a
sex
act
with
a
child.
1
4.
d.
Inflict
pain
or
discomfort
upon
a
child
or
permit
a
2
child
to
inflict
pain
or
discomfort
on
the
person.
3
2.
a.
Any
person
who
violates
a
provision
of
this
section
4
involving
an
act
included
in
subsection
1
,
paragraph
“a”
or
2
5
“b”
,
shall,
upon
conviction,
be
guilty
of
a
class
“C”
felony.
6
b.
Any
person
who
violates
a
provision
of
this
section
7
involving
an
act
included
in
subsection
3
1,
paragraph
“c”
or
4
8
“d”
,
shall,
upon
conviction,
be
guilty
of
a
class
“D”
felony.
9
Sec.
203.
Section
709.12,
Code
2013,
is
amended
to
read
as
10
follows:
11
709.12
Indecent
contact
with
a
child.
12
1.
A
person
eighteen
years
of
age
or
older
is
upon
13
conviction
guilty
of
an
aggravated
misdemeanor
if
the
person
14
commits
any
of
the
following
acts
with
a
child,
not
the
15
person’s
spouse,
with
or
without
the
child’s
consent,
for
the
16
purpose
of
arousing
or
satisfying
the
sexual
desires
of
either
17
of
them:
18
1.
a.
Fondle
or
touch
the
inner
thigh,
groin,
buttock,
19
anus,
or
breast
of
the
child.
20
2.
b.
Touch
the
clothing
covering
the
immediate
area
of
the
21
inner
thigh,
groin,
buttock,
anus,
or
breast
of
the
child.
22
3.
c.
Solicit
or
permit
a
child
to
fondle
or
touch
the
23
inner
thigh,
groin,
buttock,
anus,
or
breast
of
the
person.
24
4.
d.
Solicit
a
child
to
engage
in
any
act
prohibited
under
25
section
709.8,
subsection
1,
2
paragraph
“a”
,
“b”
,
or
4
“d”
.
26
2.
The
provisions
of
this
section
shall
also
apply
to
a
27
person
sixteen
or
seventeen
years
of
age
who
commits
any
of
the
28
enumerated
acts
with
a
child
who
is
at
least
five
years
the
29
person’s
junior,
in
which
case
the
juvenile
court
shall
have
30
jurisdiction
under
chapter
232
.
31
Sec.
204.
Section
709.16,
subsection
2,
Code
2013,
is
32
amended
to
read
as
follows:
33
2.
a.
An
officer,
employee,
contractor,
vendor,
volunteer,
34
or
agent
of
a
juvenile
placement
facility
who
engages
in
a
35
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sex
act
with
a
juvenile
placed
at
such
facility
commits
an
1
aggravated
misdemeanor.
2
b.
For
purposes
of
this
subsection
,
a
“juvenile
placement
3
facility”
means
any
of
the
following:
4
a.
(1)
A
child
foster
care
facility
licensed
under
section
5
237.4
.
6
b.
(2)
Institutions
controlled
by
the
department
of
human
7
services
listed
in
section
218.1
.
8
c.
(3)
Juvenile
detention
and
juvenile
shelter
care
homes
9
approved
under
section
232.142
.
10
d.
(4)
Psychiatric
medical
institutions
for
children
11
licensed
under
chapter
135H
.
12
e.
(5)
Substance
abuse
facilities
as
defined
in
section
13
125.2
.
14
Sec.
205.
Section
711.1,
Code
2013,
is
amended
to
read
as
15
follows:
16
711.1
Robbery
defined.
17
1.
A
person
commits
a
robbery
when,
having
the
intent
to
18
commit
a
theft,
the
person
does
any
of
the
following
acts
to
19
assist
or
further
the
commission
of
the
intended
theft
or
the
20
person’s
escape
from
the
scene
thereof
with
or
without
the
21
stolen
property:
22
1.
a.
Commits
an
assault
upon
another.
23
2.
b.
Threatens
another
with
or
purposely
puts
another
in
24
fear
of
immediate
serious
injury.
25
3.
c.
Threatens
to
commit
immediately
any
forcible
felony.
26
2.
It
is
immaterial
to
the
question
of
guilt
or
innocence
of
27
robbery
that
property
was
or
was
not
actually
stolen.
28
Sec.
206.
Section
714.1,
subsection
6,
Code
2013,
is
amended
29
to
read
as
follows:
30
6.
Makes,
utters,
draws,
delivers,
or
gives
any
check,
31
share
draft,
draft,
or
written
order
on
any
bank,
credit
32
union,
person,
or
corporation,
and
obtains
property,
the
use
33
of
property,
including
rental
property,
or
service
in
exchange
34
for
such
instrument,
if
the
person
knows
that
such
check,
share
35
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draft,
draft,
or
written
order
will
not
be
paid
when
presented.
1
a.
Whenever
the
drawee
of
such
instrument
has
refused
2
payment
because
of
insufficient
funds,
and
the
maker
has
not
3
paid
the
holder
of
the
instrument
the
amount
due
thereon
within
4
ten
days
of
the
maker’s
receipt
of
notice
from
the
holder
that
5
payment
has
been
refused
by
the
drawee,
the
court
or
jury
may
6
infer
from
such
facts
that
the
maker
knew
that
the
instrument
7
would
not
be
paid
on
presentation.
Notice
of
refusal
of
8
payment
shall
be
by
certified
mail,
or
by
personal
service
in
9
the
manner
prescribed
for
serving
original
notices.
10
b.
Whenever
the
drawee
of
such
instrument
has
refused
11
payment
because
the
maker
has
no
account
with
the
drawee,
the
12
court
or
jury
may
infer
from
such
fact
that
the
maker
knew
that
13
the
instrument
would
not
be
paid
on
presentation.
14
Sec.
207.
Section
714.10,
Code
2013,
is
amended
to
read
as
15
follows:
16
714.10
Fraudulent
practice
in
the
second
degree.
17
1.
Fraudulent
practice
in
the
second
degree
is
the
18
following:
19
1.
a.
A
fraudulent
practice
where
the
amount
of
money
or
20
value
of
property
or
services
involved
exceeds
one
thousand
21
dollars
but
does
not
exceed
ten
thousand
dollars.
22
2.
b.
A
fraudulent
practice
where
the
amount
of
money
or
23
value
of
property
or
services
involved
does
not
exceed
one
24
thousand
dollars
by
one
who
has
been
convicted
of
a
fraudulent
25
practice
twice
before.
26
2.
Fraudulent
practice
in
the
second
degree
is
a
class
“D”
27
felony.
28
Sec.
208.
Section
714.11,
Code
2013,
is
amended
to
read
as
29
follows:
30
714.11
Fraudulent
practice
in
the
third
degree.
31
1.
Fraudulent
practice
in
the
third
degree
is
the
following:
32
1.
a.
A
fraudulent
practice
where
the
amount
of
money
or
33
value
of
property
or
service
involved
exceeds
five
hundred
34
dollars
but
does
not
exceed
one
thousand
dollars.
35
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2.
b.
A
fraudulent
practice
as
set
forth
in
section
714.8
,
1
subsections
2,
8
,
and
9
.
2
3.
c.
A
fraudulent
practice
where
it
is
not
possible
to
3
determine
an
amount
of
money
or
value
of
property
and
service
4
involved.
5
2.
Fraudulent
practice
in
the
third
degree
is
an
aggravated
6
misdemeanor.
7
Sec.
209.
Section
714.16B,
Code
2013,
is
amended
to
read
as
8
follows:
9
714.16B
Identity
theft
——
civil
cause
of
action.
10
1.
In
addition
to
any
other
remedies
provided
by
law,
a
11
person
as
defined
under
section
714.16,
subsection
1
,
suffering
12
a
pecuniary
loss
as
a
result
of
an
identity
theft
by
another
13
person
under
section
715A.8
,
or
a
financial
institution
on
14
behalf
of
an
account
holder
suffering
a
pecuniary
loss
as
a
15
result
of
an
identity
theft
by
another
person
under
section
16
715A.8
,
may
bring
an
action
against
such
other
person
to
17
recover
all
of
the
following:
18
1.
a.
Five
thousand
dollars
or
three
times
the
actual
19
damages,
whichever
is
greater.
20
2.
b.
Reasonable
costs
incurred
due
to
the
violation
of
21
section
715A.8
,
including
all
of
the
following:
22
a.
(1)
Costs
for
repairing
the
victim’s
credit
history
or
23
credit
rating.
24
b.
(2)
Costs
incurred
for
bringing
a
civil
or
25
administrative
proceeding
to
satisfy
a
debt,
lien,
judgment,
or
26
other
obligation
of
the
victim.
27
c.
(3)
Punitive
damages,
attorney
fees,
and
court
costs.
28
2.
For
purposes
of
this
section
,
“financial
institution”
29
means
the
same
as
defined
in
section
527.2
,
and
includes
an
30
insurer
organized
under
Title
XIII,
subtitle
1
,
of
this
Code,
31
or
under
the
laws
of
any
other
state
or
the
United
States.
32
Sec.
210.
Section
714.26,
subsection
2,
paragraphs
a
and
b,
33
Code
2013,
are
amended
to
read
as
follows:
34
a.
(1)
A
person
commits
intellectual
property
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counterfeiting
in
the
first
degree
if
any
of
the
following
1
apply:
2
(1)
(a)
The
person
is
manufacturing
or
producing
an
item
3
bearing
or
identified
by
a
counterfeit
mark.
4
(2)
(b)
The
offense
involves
more
than
one
thousand
items
5
bearing
or
identified
by
a
counterfeit
mark
or
the
total
retail
6
value
of
such
items
is
equal
to
or
greater
than
ten
thousand
7
dollars.
8
(3)
(c)
The
offense
is
a
third
or
subsequent
violation
of
9
this
section
.
10
(2)
Intellectual
property
counterfeiting
in
the
first
11
degree
is
a
class
“C”
felony.
12
b.
(1)
A
person
commits
intellectual
property
13
counterfeiting
in
the
second
degree
if
any
of
the
following
14
apply:
15
(1)
(a)
The
offense
involves
more
than
one
hundred
items
16
but
does
not
involve
more
than
one
thousand
items
bearing
or
17
identified
by
a
counterfeit
mark
or
the
total
retail
value
of
18
such
items
is
equal
to
or
greater
than
one
thousand
dollars
but
19
less
than
ten
thousand
dollars.
20
(2)
(b)
The
offense
is
a
second
violation
of
this
section
.
21
(2)
Intellectual
property
counterfeiting
in
the
second
22
degree
is
a
class
“D”
felony.
23
Sec.
211.
Section
715A.6,
subsection
1,
Code
2013,
is
24
amended
to
read
as
follows:
25
1.
a.
A
person
commits
a
public
offense
by
using
a
credit
26
card
for
the
purpose
of
obtaining
property
or
services
with
27
knowledge
of
any
of
the
following:
28
a.
(1)
The
credit
card
is
stolen
or
forged.
29
b.
(2)
The
credit
card
has
been
revoked
or
canceled.
30
c.
(3)
For
any
other
reason
the
use
of
the
credit
card
is
31
unauthorized.
32
b.
It
is
an
affirmative
defense
to
prosecution
under
33
paragraph
“c”
“a”
,
subparagraph
(3),
if
the
person
proves
by
a
34
preponderance
of
the
evidence
that
the
person
had
the
intent
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and
ability
to
meet
all
obligations
to
the
issuer
arising
out
1
of
the
use
of
the
credit
card.
2
Sec.
212.
Section
717A.2,
subsection
1,
paragraph
c,
Code
3
2013,
is
amended
to
read
as
follows:
4
c.
(1)
Enter
onto
or
into
an
animal
facility,
or
remain
5
on
or
in
an
animal
facility,
if
the
person
has
notice
that
the
6
facility
is
not
open
to
the
public,
if
the
person
has
an
intent
7
to
do
one
of
the
following:
8
(1)
(a)
Disrupt
operations
conducted
at
the
animal
9
facility,
if
the
operations
directly
relate
to
agricultural
10
production,
animal
maintenance,
educational
or
scientific
11
purposes,
or
veterinary
care.
12
(2)
(b)
Kill
or
injure
an
animal
maintained
at
the
animal
13
facility.
14
(2)
A
person
has
notice
that
an
animal
facility
is
not
15
open
to
the
public
if
the
person
is
provided
notice
before
16
entering
onto
or
into
the
facility,
or
the
person
refuses
to
17
immediately
depart
from
the
facility
after
being
informed
to
18
leave.
The
notice
may
be
in
the
form
of
a
written
or
verbal
19
communication
by
the
owner,
a
fence
or
other
enclosure
designed
20
to
exclude
intruders
or
contain
animals,
or
a
sign
posted
which
21
is
reasonably
likely
to
come
to
the
attention
of
an
intruder
22
and
which
indicates
that
entry
is
forbidden.
23
Sec.
213.
Section
717A.3,
subsection
1,
paragraph
c,
Code
24
2013,
is
amended
to
read
as
follows:
25
c.
(1)
Enter
onto
or
remain
on
crop
operation
property
26
if
the
person
has
notice
that
the
property
is
not
open
to
27
the
public,
and
the
person
has
an
intent
to
do
one
of
the
28
following:
29
(1)
(a)
Disrupt
agricultural
production
conducted
on
the
30
crop
operation
property
if
the
agricultural
production
directly
31
relates
to
the
maintenance
of
crops.
A
person
is
presumed
to
32
intend
disruption
if
the
person
moves,
removes,
or
defaces
any
33
sign
posted
on
the
crop
operation
property
or
label
used
by
the
34
owner
and
the
sign
or
label
identifies
a
crop
maintained
on
the
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crop
operation
property.
1
(2)
(b)
Destroy
or
damage
a
crop
or
any
portion
of
a
crop
2
maintained
on
the
crop
operation
property.
3
(2)
A
person
has
notice
that
a
crop
operation
property
4
is
not
open
to
the
public
if
the
person
is
provided
notice
5
prohibiting
entry
before
the
person
enters
onto
the
crop
6
operation
property,
or
the
person
refuses
to
immediately
7
depart
from
the
crop
operation
property
after
being
notified
8
to
leave.
The
notice
may
be
in
the
form
of
a
written
or
verbal
9
communication
by
the
owner,
a
fence
or
other
enclosure
designed
10
to
exclude
intruders,
or
a
sign
posted
which
is
reasonably
11
likely
to
come
to
the
attention
of
an
intruder
and
which
12
indicates
that
entry
is
prohibited.
13
Sec.
214.
Section
730.4,
subsection
5,
Code
2013,
is
amended
14
to
read
as
follows:
15
5.
a.
This
section
may
be
enforced
through
a
civil
action.
16
a.
(1)
A
person
who
violates
this
section
or
who
aids
17
in
the
violation
of
this
section
is
liable
to
an
aggrieved
18
employee
or
applicant
for
employment
for
affirmative
relief
19
including
reinstatement
or
hiring,
with
or
without
back
pay,
20
or
any
other
equitable
relief
as
the
court
deems
appropriate
21
including
attorney
fees
and
court
costs.
22
b.
(2)
When
a
person
commits,
is
committing,
or
proposes
to
23
commit,
an
act
in
violation
of
this
section
,
an
injunction
may
24
be
granted
through
an
action
in
district
court
to
prohibit
the
25
person
from
continuing
such
acts.
The
action
for
injunctive
26
relief
may
be
brought
by
an
aggrieved
employee
or
applicant
for
27
employment,
the
county
attorney,
or
the
attorney
general.
28
b.
A
person
who
in
good
faith
brings
an
action
under
29
this
subsection
alleging
that
an
employer
has
required
or
30
requested
a
polygraph
examination
in
violation
of
this
section
31
shall
establish
that
sufficient
evidence
exists
upon
which
a
32
reasonable
person
could
find
that
a
violation
has
occurred.
33
Upon
proof
that
sufficient
evidence
exists
upon
which
a
finding
34
could
be
made
that
a
violation
has
occurred
as
required
under
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this
paragraph,
the
employer
has
the
burden
of
proving
that
the
1
requirements
of
this
section
were
met.
2
Sec.
215.
Section
730.5,
subsection
9,
paragraph
g,
Code
3
2013,
is
amended
to
read
as
follows:
4
g.
(1)
Upon
receipt
of
a
confirmed
positive
alcohol
test
5
which
indicates
an
alcohol
concentration
greater
than
the
6
concentration
level
established
by
the
employer
pursuant
to
7
this
section
,
and
if
the
employer
has
at
least
fifty
employees,
8
and
if
the
employee
has
been
employed
by
the
employer
for
9
at
least
twelve
of
the
preceding
eighteen
months,
and
if
10
rehabilitation
is
agreed
upon
by
the
employee,
and
if
the
11
employee
has
not
previously
violated
the
employer’s
substance
12
abuse
prevention
policy
pursuant
to
this
section
,
the
written
13
policy
shall
provide
for
the
rehabilitation
of
the
employee
14
pursuant
to
subsection
10
,
paragraph
“a”
,
subparagraph
(1),
and
15
the
apportionment
of
the
costs
of
rehabilitation
as
provided
16
by
this
paragraph
“g”
.
17
(1)
(a)
If
the
employer
has
an
employee
benefit
plan,
the
18
costs
of
rehabilitation
shall
be
apportioned
as
provided
under
19
the
employee
benefit
plan.
20
(2)
(b)
If
no
employee
benefit
plan
exists
and
the
employee
21
has
coverage
for
any
portion
of
the
costs
of
rehabilitation
22
under
any
health
care
plan
of
the
employee,
the
costs
of
23
rehabilitation
shall
be
apportioned
as
provided
by
the
health
24
care
plan
with
any
costs
not
covered
by
the
plan
apportioned
25
equally
between
the
employee
and
the
employer.
However,
the
26
employer
shall
not
be
required
to
pay
more
than
two
thousand
27
dollars
toward
the
costs
not
covered
by
the
employee’s
health
28
care
plan.
29
(3)
(c)
If
no
employee
benefit
plan
exists
and
the
30
employee
does
not
have
coverage
for
any
portion
of
the
costs
of
31
rehabilitation
under
any
health
care
plan
of
the
employee,
the
32
costs
of
rehabilitation
shall
be
apportioned
equally
between
33
the
employee
and
the
employer.
However,
the
employer
shall
not
34
be
required
to
pay
more
than
two
thousand
dollars
towards
the
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cost
of
rehabilitation
under
this
subparagraph
division
.
1
(2)
Rehabilitation
required
pursuant
to
this
paragraph
2
“g
”
shall
not
preclude
an
employer
from
taking
any
3
adverse
employment
action
against
the
employee
during
the
4
rehabilitation
based
on
the
employee’s
failure
to
comply
with
5
any
requirements
of
the
rehabilitation,
including
any
action
6
by
the
employee
to
invalidate
a
test
sample
provided
by
the
7
employee
pursuant
to
the
rehabilitation.
8
Sec.
216.
Section
730.5,
subsection
13,
paragraph
d,
Code
9
2013,
is
amended
to
read
as
follows:
10
d.
(1)
An
employer
may
use
and
disclose
information
11
concerning
the
results
of
a
drug
or
alcohol
test
conducted
12
pursuant
to
this
section
under
any
of
the
following
13
circumstances:
14
(1)
(a)
In
an
arbitration
proceeding
pursuant
to
a
15
collective
bargaining
agreement,
or
an
administrative
agency
16
proceeding
or
judicial
proceeding
under
workers’
compensation
17
laws
or
unemployment
compensation
laws
or
under
common
or
18
statutory
laws
where
action
taken
by
the
employer
based
on
the
19
test
is
relevant
or
is
challenged.
20
(2)
(b)
To
any
federal
agency
or
other
unit
of
the
federal
21
government
as
required
under
federal
law,
regulation
or
order,
22
or
in
accordance
with
compliance
requirements
of
a
federal
23
government
contract.
24
(3)
(c)
To
any
agency
of
this
state
authorized
to
license
25
individuals
if
the
employee
tested
is
licensed
by
that
agency
26
and
the
rules
of
that
agency
require
such
disclosure.
27
(4)
(d)
To
a
union
representing
the
employee
if
such
28
disclosure
would
be
required
by
federal
labor
laws.
29
(5)
(e)
To
a
substance
abuse
evaluation
or
treatment
30
facility
or
professional
for
the
purpose
of
evaluation
or
31
treatment
of
the
employee.
32
(2)
However,
positive
test
results
from
an
employer
drug
or
33
alcohol
testing
program
shall
not
be
used
as
evidence
in
any
34
criminal
action
against
the
employee
or
prospective
employee
35
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tested.
1
Sec.
217.
Section
730.5,
subsection
15,
Code
2013,
is
2
amended
to
read
as
follows:
3
15.
Civil
remedies.
4
a.
This
section
may
be
enforced
through
a
civil
action.
5
a.
(1)
A
person
who
violates
this
section
or
who
aids
6
in
the
violation
of
this
section
,
is
liable
to
an
aggrieved
7
employee
or
prospective
employee
for
affirmative
relief
8
including
reinstatement
or
hiring,
with
or
without
back
pay,
9
or
any
other
equitable
relief
as
the
court
deems
appropriate
10
including
attorney
fees
and
court
costs.
11
b.
(2)
When
a
person
commits,
is
committing,
or
proposes
to
12
commit,
an
act
in
violation
of
this
section
,
an
injunction
may
13
be
granted
through
an
action
in
district
court
to
prohibit
the
14
person
from
continuing
such
acts.
The
action
for
injunctive
15
relief
may
be
brought
by
an
aggrieved
employee
or
prospective
16
employee,
the
county
attorney,
or
the
attorney
general.
17
b.
In
an
action
brought
under
this
subsection
alleging
that
18
an
employer
has
required
or
requested
a
drug
or
alcohol
test
19
in
violation
of
this
section
,
the
employer
has
the
burden
of
20
proving
that
the
requirements
of
this
section
were
met.
21
Sec.
218.
Section
804.22,
Code
2013,
is
amended
to
read
as
22
follows:
23
804.22
Initial
appearance
before
magistrate
——
arrest
without
24
warrant.
25
1.
When
an
arrest
is
made
without
a
warrant,
the
person
26
arrested
shall,
without
unnecessary
delay,
be
taken
before
27
the
nearest
or
most
accessible
magistrate
in
the
judicial
28
district
in
which
such
arrest
was
made
or
before
a
magistrate
29
in
an
approved
judicial
district,
and
the
grounds
on
which
the
30
arrest
was
made
shall
be
stated
to
the
magistrate
by
complaint,
31
subscribed
and
sworn
to
by
the
complainant,
or
supported
by
the
32
complainant’s
affirmation,
and
such
magistrate
shall
proceed
33
as
follows:
34
1.
a.
If
the
magistrate
believes
from
such
complaint
that
35
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the
offense
charged
is
triable
in
the
magistrate’s
court,
the
1
magistrate
shall
proceed
with
the
case.
2
2.
b.
If
the
magistrate
believes
from
such
complaint
that
3
the
offense
charged
is
triable
in
another
court,
the
magistrate
4
shall
by
written
order,
commit
the
person
arrested
to
a
peace
5
officer,
to
be
taken
before
the
appropriate
magistrate
in
the
6
district
in
which
the
offense
is
triable,
and
shall
fix
the
7
amount
of
bail
or
other
conditions
of
release
which
the
person
8
arrested
may
give
for
the
person’s
appearance
at
the
other
9
court.
10
2.
This
section
and
the
rules
of
criminal
procedure
do
11
not
affect
the
provisions
of
chapter
805
authorizing
the
12
release
of
a
person
on
citation
or
bail
prior
to
initial
13
appearance,
unless
the
person
is
charged
with
manufacture,
14
delivery,
possession
with
intent
to
manufacture
or
deliver,
or
15
distribution
of
methamphetamine.
The
initial
appearance
of
a
16
person
so
released
shall
be
scheduled
for
a
time
not
more
than
17
thirty
days
after
the
date
of
release.
18
3.
For
purposes
of
this
section
,
an
“approved
judicial
19
district”
means,
as
to
any
particular
arrest
of
a
person
made
20
without
a
warrant,
any
judicial
district
in
this
state
in
21
which
the
chief
judge
of
that
judicial
district
and
the
chief
22
judge
of
the
judicial
district
in
which
the
arrest
was
made
23
have
previously
entered
an
order
permitting
a
person
arrested
24
without
warrant
to
be
taken
to
a
magistrate
from
any
judicial
25
district
subject
to
the
order.
26
Sec.
219.
Section
804.30,
Code
2013,
is
amended
to
read
as
27
follows:
28
804.30
Strip
searches.
29
1.
A
person
arrested
for
a
scheduled
violation
or
a
simple
30
misdemeanor
shall
not
be
subjected
to
a
strip
search
unless
31
there
is
probable
cause
to
believe
the
person
is
concealing
a
32
weapon
or
contraband.
A
strip
search
pursuant
to
this
section
33
shall
not
be
conducted
except
under
all
of
the
following
34
conditions:
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1.
a.
Written
authorization
of
the
supervisor
on
duty
is
1
obtained.
2
2.
b.
A
search
warrant
is
obtained
for
the
probing
of
any
3
body
cavity
other
than
the
mouth,
ears
or
nose.
4
3.
c.
A
visual
search
or
probing
of
any
body
cavity
shall
5
be
performed
under
sanitary
conditions.
A
physical
probe
of
6
a
body
cavity
other
than
the
mouth,
ears
or
nose
shall
be
7
performed
only
by
a
licensed
physician
unless
voluntarily
8
waived
in
writing
by
the
arrested
person.
9
4.
d.
The
search
is
conducted
in
a
place
where
it
cannot
be
10
observed
by
persons
not
conducting
the
search.
11
5.
e.
The
search
is
conducted
by
a
person
of
the
same
sex
12
as
the
arrested
person,
unless
conducted
by
a
physician.
13
2.
Subsequent
to
a
strip
search
,
a
written
report
shall
be
14
prepared
which
includes
the
written
authorization
required
by
15
subsection
1
,
paragraph
“a”
,
the
name
of
the
person
subjected
16
to
the
search,
the
names
of
the
persons
conducting
the
search,
17
the
time,
date
and
place
of
the
search
and,
if
required
by
18
subsection
2
1
,
paragraph
“b”
,
a
copy
of
the
search
warrant
19
authorizing
the
search.
A
copy
of
the
report
shall
be
provided
20
to
the
person
searched.
21
Sec.
220.
Section
805.16,
subsection
3,
Code
2013,
is
22
amended
to
read
as
follows:
23
3.
a.
A
person
arrested
pursuant
to
subsection
2
shall
only
24
be
arrested
for
the
limited
purpose
of
holding
the
person
in
25
nonsecure
custody
in
an
area
not
intended
for
secure
detention
26
while
awaiting
transfer
to
an
appropriate
juvenile
facility
27
or
to
court,
for
booking,
for
implied
consent
testing,
for
28
contacting
and
release
to
the
person’s
parents,
or
for
other
29
administrative
purposes.
30
b.
For
purposes
of
this
subsection
,
“nonsecure
custody”
31
means
custody
in
an
unlocked
multipurpose
area,
such
as
a
32
lobby,
office,
or
interrogation
room
which
is
not
designed,
33
set
aside,
or
used
as
a
secure
detention
area,
and
the
person
34
arrested
is
not
physically
secured
during
the
period
of
custody
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in
the
area,
the
person
is
physically
accompanied
by
a
peace
1
officer
or
a
person
employed
by
the
facility
where
the
person
2
arrested
is
being
held,
and
the
use
of
the
area
is
limited
to
3
providing
nonsecure
custody
only
long
enough
for
the
purposes
4
stated
in
the
preceding
paragraph
“a”
and
not
for
a
period
of
5
time
in
excess
of
six
hours
without
the
oral
or
written
order
6
of
a
judge
or
magistrate
authorizing
the
detention.
A
judge
7
shall
not
extend
the
period
of
time
in
excess
of
six
hours
8
beyond
the
initial
six-hour
period.
9
Sec.
221.
Section
811.2,
subsection
1,
Code
2013,
is
amended
10
to
read
as
follows:
11
1.
Conditions
for
release
of
defendant.
12
a.
All
bailable
defendants
shall
be
ordered
released
from
13
custody
pending
judgment
or
entry
of
deferred
judgment
on
their
14
personal
recognizance,
or
upon
the
execution
of
an
unsecured
15
appearance
bond
in
an
amount
specified
by
the
magistrate
unless
16
the
magistrate
determines
in
the
exercise
of
the
magistrate’s
17
discretion,
that
such
a
release
will
not
reasonably
assure
the
18
appearance
of
the
defendant
as
required
or
that
release
will
19
jeopardize
the
personal
safety
of
another
person
or
persons.
20
When
such
determination
is
made,
the
magistrate
shall,
either
21
in
lieu
of
or
in
addition
to
the
above
methods
of
release,
22
impose
the
first
of
the
following
conditions
of
release
which
23
will
reasonably
assure
the
appearance
of
the
person
for
trial
24
or
deferral
of
judgment
and
the
safety
of
other
persons,
or,
if
25
no
single
condition
gives
that
assurance,
any
combination
of
26
the
following
conditions:
27
a.
(1)
Place
the
defendant
in
the
custody
of
a
designated
28
person
or
organization
agreeing
to
supervise
the
defendant.
29
b.
(2)
Place
restrictions
on
the
travel,
association
or
30
place
of
abode
of
the
defendant
during
the
period
of
release.
31
c.
(3)
Require
the
execution
of
an
appearance
bond
in
a
32
specified
amount
and
the
deposit
with
the
clerk
of
the
district
33
court
or
a
public
officer
designated
under
section
602.1211,
34
subsection
4
,
in
cash
or
other
qualified
security,
of
a
sum
not
35
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to
exceed
ten
percent
of
the
amount
of
the
bond,
the
deposit
to
1
be
returned
to
the
person
who
deposited
the
specified
amount
2
with
the
clerk
upon
the
performance
of
the
appearances
as
3
required
in
section
811.6
.
4
d.
(4)
Require
the
execution
of
a
bail
bond
with
sufficient
5
surety,
or
the
deposit
of
cash
in
lieu
of
bond.
However,
6
except
as
provided
in
section
811.1
,
bail
initially
given
7
remains
valid
until
final
disposition
of
the
offense
or
entry
8
of
an
order
deferring
judgment.
If
the
amount
of
bail
is
9
deemed
insufficient
by
the
court
before
whom
the
offense
is
10
pending,
the
court
may
order
an
increase
of
bail
and
the
11
defendant
must
provide
the
additional
undertaking,
written
or
12
in
cash,
to
secure
release.
13
e.
(5)
Impose
any
other
condition
deemed
reasonably
14
necessary
to
assure
appearance
as
required,
or
the
safety
of
15
another
person
or
persons
including
a
condition
requiring
that
16
the
defendant
return
to
custody
after
specified
hours,
or
a
17
condition
that
the
defendant
have
no
contact
with
the
victim
or
18
other
persons
specified
by
the
court.
19
b.
Any
bailable
defendant
who
is
charged
with
unlawful
20
possession,
manufacture,
delivery,
or
distribution
of
a
21
controlled
substance
or
other
drug
under
chapter
124
and
is
22
ordered
released
shall
be
required,
as
a
condition
of
that
23
release,
to
submit
to
a
substance
abuse
evaluation
and
follow
24
any
recommendations
proposed
in
the
evaluation
for
appropriate
25
substance
abuse
treatment.
However,
if
a
bailable
defendant
is
26
charged
with
manufacture,
delivery,
possession
with
the
intent
27
to
manufacture
or
deliver,
or
distribution
of
methamphetamine,
28
its
salts,
optical
isomers,
and
salts
of
its
optical
isomers,
29
the
defendant
shall,
in
addition
to
a
substance
abuse
30
evaluation,
remain
under
supervision
and
be
required
to
undergo
31
random
drug
tests
as
a
condition
of
release.
32
Sec.
222.
Section
901.3,
Code
2013,
is
amended
to
read
as
33
follows:
34
901.3
Presentence
investigation
report.
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1.
If
a
presentence
investigation
is
ordered
by
the
court,
1
the
investigator
shall
promptly
inquire
into
all
of
the
2
following:
3
1.
a.
The
defendant’s
characteristics,
family
and
financial
4
circumstances,
needs,
and
potentialities.
5
2.
b.
The
defendant’s
criminal
record
and
social
history.
6
3.
c.
The
circumstances
of
the
offense.
7
4.
d.
The
time
the
defendant
has
been
in
detention.
8
5.
e.
The
harm
to
the
victim,
the
victim’s
immediate
9
family,
and
the
community.
Additionally,
the
presentence
10
investigator
shall
provide
a
victim
impact
statement
form
to
11
each
victim,
if
one
has
not
already
been
provided,
and
shall
12
file
the
completed
statement
or
statements
with
the
presentence
13
investigation
report.
14
6.
f.
The
defendant’s
potential
as
a
candidate
for
the
15
community
service
sentence
program
established
pursuant
to
16
section
907.13
.
17
7.
g.
Any
mitigating
circumstances
relating
to
the
offense
18
and
the
defendant’s
potential
as
a
candidate
for
deferred
19
judgment,
deferred
sentencing,
a
suspended
sentence,
or
20
probation,
if
the
defendant
is
charged
with
or
convicted
of
21
assisting
suicide
pursuant
to
section
707A.2
.
22
8.
h.
Whether
the
defendant
has
a
history
of
mental
23
health
or
substance
abuse
problems.
If
so,
the
investigator
24
shall
inquire
into
the
treatment
options
available
in
both
the
25
community
of
the
defendant
and
the
correctional
system.
26
2.
All
local
and
state
mental
and
correctional
27
institutions,
courts,
and
police
agencies
shall
furnish
to
28
the
investigator
on
request
the
defendant’s
criminal
record
29
and
other
relevant
information.
The
originating
source
of
30
specific
mental
health
or
substance
abuse
information
including
31
the
histories,
treatment,
and
use
of
medications
shall
32
not
be
released
to
the
presentence
investigator
unless
the
33
defendant
authorizes
the
release
of
such
information.
If
the
34
defendant
refuses
to
release
the
information,
the
presentence
35
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investigator
may
note
the
defendant’s
refusal
to
release
mental
1
health
or
substance
abuse
information
in
the
presentence
2
investigation
report
and
rely
upon
other
mental
health
or
3
substance
abuse
information
available
to
the
presentence
4
investigator.
With
the
approval
of
the
court,
a
physical
5
examination
or
psychiatric
evaluation
of
the
defendant
may
be
6
ordered,
or
the
defendant
may
be
committed
to
an
inpatient
7
or
outpatient
psychiatric
facility
for
an
evaluation
of
the
8
defendant’s
personality
and
mental
health.
The
results
of
any
9
such
examination
or
evaluation
shall
be
included
in
the
report
10
of
the
investigator.
11
Sec.
223.
Section
901.5,
unnumbered
paragraphs
1
and
2,
Code
12
2013,
are
amended
to
read
as
follows:
13
After
receiving
and
examining
all
pertinent
information,
14
including
the
presentence
investigation
report
and
victim
15
impact
statements,
if
any,
the
court
shall
consider
the
16
following
sentencing
options.
The
court
shall
determine
17
which
of
them
is
authorized
by
law
for
the
offense,
and
of
18
the
authorized
sentences,
which
of
them
or
which
combination
19
of
them,
in
the
discretion
of
the
court,
will
provide
maximum
20
opportunity
for
the
rehabilitation
of
the
defendant,
and
for
21
the
protection
of
the
community
from
further
offenses
by
the
22
defendant
and
others.
At
the
time
fixed
by
the
court
for
23
pronouncement
of
judgment
and
sentence,
the
court
shall
act
24
accordingly:
25
At
the
time
fixed
by
the
court
for
pronouncement
of
judgment
26
and
sentence,
the
court
shall
act
accordingly:
27
Sec.
224.
Section
902.9,
Code
2013,
is
amended
to
read
as
28
follows:
29
902.9
Maximum
sentence
for
felons.
30
1.
The
maximum
sentence
for
any
person
convicted
of
a
felony
31
shall
be
that
prescribed
by
statute
or,
if
not
prescribed
by
32
statute,
if
other
than
a
class
“A”
felony
shall
be
determined
33
as
follows:
34
1.
a.
A
felon
sentenced
for
a
first
conviction
for
a
35
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violation
of
section
124.401D
,
shall
be
confined
for
no
more
1
than
ninety-nine
years.
2
2.
b.
A
class
“B”
felon
shall
be
confined
for
no
more
than
3
twenty-five
years.
4
3.
c.
An
habitual
offender
shall
be
confined
for
no
more
5
than
fifteen
years.
6
4.
d.
A
class
“C”
felon,
not
an
habitual
offender,
shall
7
be
confined
for
no
more
than
ten
years,
and
in
addition
shall
8
be
sentenced
to
a
fine
of
at
least
one
thousand
dollars
but
not
9
more
than
ten
thousand
dollars.
10
5.
e.
A
class
“D”
felon,
not
an
habitual
offender,
shall
be
11
confined
for
no
more
than
five
years,
and
in
addition
shall
be
12
sentenced
to
a
fine
of
at
least
seven
hundred
fifty
dollars
but
13
not
more
than
seven
thousand
five
hundred
dollars.
14
2.
The
surcharges
required
by
sections
911.1
,
911.2
,
and
15
911.3
shall
be
added
to
a
fine
imposed
on
a
class
“C”
or
class
16
“D”
felon,
as
provided
by
those
sections,
and
are
not
a
part
of
17
or
subject
to
the
maximums
set
in
this
section
.
18
Sec.
225.
Section
904.403,
Code
2013,
is
amended
to
read
as
19
follows:
20
904.403
Investigatory
powers
——
witnesses.
21
1.
The
director
may
exercise
the
following
powers
in
an
22
investigation:
23
1.
a.
Summon
and
compel
the
attendance
of
witnesses.
24
2.
b.
Examine
the
witnesses
under
oath,
which
the
director
25
may
administer.
26
3.
c.
Have
access
to
all
books,
papers,
and
property
27
material
to
the
investigation.
28
4.
d.
Order
the
production
of
books
or
papers
material
to
29
the
investigation.
30
2.
Witnesses
other
than
those
in
the
employ
of
the
state
31
are
entitled
to
the
same
fees
as
in
civil
cases
in
the
district
32
court.
33
Sec.
226.
Section
904.813,
subsection
2,
Code
2013,
is
34
amended
to
read
as
follows:
35
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417
2.
a.
The
Iowa
state
industries
revolving
fund
shall
be
1
used
only
for
the
following
purposes:
2
a.
(1)
Establishment,
maintenance,
transfer,
or
closure
of
3
industrial
operations,
or
vocational,
technical,
and
related
4
training
facilities
and
services
for
inmates
as
authorized
by
5
the
state
director
in
consultation
with
the
industries
board.
6
b.
(2)
Payment
of
all
costs
incurred
by
the
industries
7
board,
including
but
not
limited
to
per
diem
and
expenses
8
of
its
members,
and
of
salaries,
allowances,
support,
and
9
maintenance
of
Iowa
state
industries.
10
c.
(3)
Direct
purchases
from
vendors
of
raw
materials
and
11
capital
items
used
for
the
manufacturing
processes
of
Iowa
12
state
industries,
in
accordance
with
rules
which
meet
state
13
bidding
requirements.
The
rules
shall
be
adopted
by
the
state
14
director
in
consultation
with
the
industries
board.
15
b.
Payments
from
the
revolving
fund,
other
than
salary
16
payments,
shall
be
made
directly
to
the
vendors.
17
Sec.
227.
Section
904.905,
Code
2013,
is
amended
to
read
as
18
follows:
19
904.905
Surrender
of
earnings.
20
1.
An
inmate
employed
in
the
community
under
a
work
release
21
plan
shall
surrender
to
the
judicial
district
department
of
22
correctional
services
the
inmate’s
total
earnings
less
payroll
23
deductions
required
by
law.
The
judicial
district
department
24
of
correctional
services
shall
deduct
from
the
earnings
in
the
25
following
order
of
priority:
26
1.
a.
An
amount
the
inmate
may
be
legally
obligated
to
pay
27
for
the
support
of
the
inmate’s
dependents,
the
amount
of
which
28
shall
be
paid
to
the
dependents
through
the
department
of
human
29
services
located
in
the
county
or
city
in
which
the
dependents
30
reside.
31
2.
b.
Restitution
as
ordered
by
the
court
pursuant
to
32
chapter
910
.
33
3.
c.
An
amount
determined
to
be
the
cost
to
the
judicial
34
district
department
of
correctional
services
for
providing
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food,
lodging,
and
clothing
for
the
inmate
while
under
the
1
program.
2
4.
d.
Any
other
financial
obligations
which
are
3
acknowledged
by
the
inmate
or
any
unsatisfied
judgment
against
4
the
inmate.
5
2.
Any
balance
remaining
after
deductions
and
payments
6
shall
be
credited
to
the
inmate’s
personal
account
at
the
7
judicial
district
department
of
correctional
services
and
shall
8
be
paid
to
the
inmate
upon
release.
An
inmate
so
employed
9
shall
be
paid
a
fair
and
reasonable
wage
in
accordance
with
the
10
prevailing
wage
scale
for
such
work
and
shall
work
at
fair
and
11
reasonable
hours
per
day
and
per
week.
12
Sec.
228.
Section
905.12,
Code
2013,
is
amended
to
read
as
13
follows:
14
905.12
Surrender
of
earnings.
15
1.
When
committing
a
person
to
a
residential
treatment
16
center
operated
by
a
judicial
district
department
of
17
correctional
services,
the
court
shall
order
the
person
to
18
surrender
to
the
district
department
their
total
earnings
less
19
payroll
deductions
required
by
law.
The
court
shall
establish
20
the
person’s
legal
obligations
by
order
and
the
district
21
department
shall
deduct
from
the
earnings
to
satisfy
the
court
22
order
in
the
following
order
of
priority:
23
1.
a.
An
amount
the
resident
may
be
legally
obligated
to
24
pay
for
the
support
of
dependents,
which
shall
be
paid
to
the
25
dependents
directly
or
through
the
department
of
human
services
26
in
the
county
in
which
the
dependents
reside.
For
the
purpose
27
of
this
subsection
paragraph
,
“legally
obligated”
means
under
28
a
court
order.
29
2.
b.
Restitution
ordered
by
the
court
under
chapter
910
.
30
3.
c.
An
amount
determined
to
be
the
cost
to
the
judicial
31
district
department
of
correctional
services
for
food,
lodging,
32
and
other
expenses
incurred
by
or
on
behalf
of
the
resident.
33
4.
d.
Any
other
financial
obligations
which
are
admitted
34
to
by
the
resident
or
any
judgment
granted
by
the
court
to
35
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another
person
to
whom
the
resident
owes
money,
but
no
earnings
1
of
a
resident
are
subject
to
garnishment
while
the
person
is
2
committed
to
the
center.
3
2.
Any
balance
remaining
after
deductions
and
payments
4
shall
be
credited
to
the
resident’s
personal
account
at
the
5
district
department
and
shall
be
paid
to
the
resident
upon
6
release.
The
director
shall
establish
a
plan
to
comply
7
with
the
provisions
of
court
orders
entered
pursuant
to
this
8
section
.
9
Sec.
229.
Section
906.5,
subsection
1,
Code
2013,
is
amended
10
to
read
as
follows:
11
1.
a.
The
board
shall
establish
and
implement
a
plan
by
12
which
the
board
systematically
reviews
the
status
of
each
13
person
who
has
been
committed
to
the
custody
of
the
director
of
14
the
Iowa
department
of
corrections
and
considers
the
person’s
15
prospects
for
parole
or
work
release.
The
board
at
least
16
annually
shall
review
the
status
of
a
person
other
than
a
class
17
“A”
felon,
a
class
“B”
felon
serving
a
sentence
of
more
than
18
twenty-five
years,
or
a
felon
serving
an
offense
punishable
19
under
section
902.9,
subsection
1
,
paragraph
“a”
,
or
a
felon
20
serving
a
mandatory
minimum
sentence
other
than
a
class
“A”
21
felon,
and
provide
the
person
with
notice
of
the
board’s
parole
22
or
work
release
decision.
23
b.
Not
less
than
twenty
days
prior
to
conducting
a
hearing
24
at
which
the
board
will
interview
the
person,
the
board
25
shall
notify
the
department
of
corrections
of
the
scheduling
26
of
the
interview,
and
the
department
shall
make
the
person
27
available
to
the
board
at
the
person’s
institutional
residence
28
as
scheduled
in
the
notice.
However,
if
health,
safety,
or
29
security
conditions
require
moving
the
person
to
another
30
institution
or
facility
prior
to
the
scheduled
interview,
the
31
department
of
corrections
shall
so
notify
the
board.
32
Sec.
230.
Section
906.9,
Code
2013,
is
amended
to
read
as
33
follows:
34
906.9
Clothing,
transportation,
and
money.
35
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1.
When
an
inmate
is
discharged,
paroled,
or
placed
on
work
1
release,
the
warden
or
superintendent
shall
furnish
the
inmate,
2
at
state
expense,
appropriate
clothing
and
transportation
3
to
the
place
in
this
state
indicated
in
the
inmate’s
4
discharge,
parole,
or
work
release
plan.
When
an
inmate
is
5
discharged,
paroled,
or
placed
on
work
release,
the
warden
or
6
superintendent
shall
provide
the
inmate,
at
state
expense
or
7
through
inmate
savings
as
provided
in
section
904.508
,
money
in
8
accordance
with
the
following
schedule:
9
1.
a.
Upon
discharge
or
parole,
one
hundred
dollars.
10
2.
b.
Upon
being
placed
on
work
release,
fifty
dollars.
11
2.
Those
inmates
receiving
payment
under
subsection
2
12
1,
paragraph
“b”
,
shall
not
be
eligible
for
payment
under
13
subsection
1
,
paragraph
“a”
,
unless
they
are
returned
to
the
14
institution.
An
inmate
shall
only
be
eligible
to
receive
one
15
payment
under
this
section
during
any
twelve-month
period.
The
16
warden
or
superintendent
shall
maintain
an
account
of
all
funds
17
expended
pursuant
to
this
section
.
18
Sec.
231.
Section
910.4,
subsection
3,
Code
2013,
is
amended
19
to
read
as
follows:
20
3.
a.
When
there
is
a
transfer
of
supervision
from
one
21
office
or
individual
charged
with
supervision
of
the
offender
22
to
another,
the
sending
office
or
individual
shall
forward
to
23
the
receiving
office
or
individual
all
necessary
information
24
regarding
the
balance
owed
against
the
original
amount
of
25
restitution
ordered
and
the
balance
of
public
service
required.
26
b.
When
the
offender’s
circumstances
and
income
have
27
significantly
changed,
the
receiving
office
or
individual
28
shall
submit
a
new
plan
of
payment
to
the
sentencing
court
for
29
approval
or
modification
based
on
the
considerations
enumerated
30
in
this
section
.
31
Sec.
232.
Section
915.12,
subsection
1,
Code
2013,
is
32
amended
to
read
as
follows:
33
1.
A
victim
may
register
by
filing
a
written
34
request-for-registration
form
with
the
county
attorney.
The
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county
attorney
shall
notify
the
victims
in
writing
and
advise
1
them
of
their
registration
and
rights
under
this
subchapter
.
2
The
county
attorney
shall
provide
a
registered
victim
list
to
3
the
offices,
agencies,
and
departments
required
to
provide
4
information
under
this
subchapter
for
notification
purposes.
5
The
county
attorney
shall
provide
a
registered
victim
list
6
to
the
offices,
agencies,
and
departments
required
to
provide
7
information
under
this
subchapter
for
notification
purposes.
8
Sec.
233.
Section
915.29,
Code
2013,
is
amended
to
read
as
9
follows:
10
915.29
Notification
of
victim
of
juvenile
by
department
of
11
human
services.
12
1.
The
department
of
human
services
shall
notify
a
13
registered
victim
regarding
a
juvenile
adjudicated
delinquent
14
for
a
violent
crime,
committed
to
the
custody
of
the
department
15
of
human
services,
and
placed
at
the
state
training
school
at
16
Eldora
or
Toledo,
of
the
following:
17
1.
a.
The
date
on
which
the
juvenile
is
expected
to
be
18
temporarily
released
from
the
custody
of
the
department
of
19
human
services,
and
whether
the
juvenile
is
expected
to
return
20
to
the
community
where
the
registered
victim
resides.
21
2.
b.
The
juvenile’s
escape
from
custody.
22
3.
c.
The
recommendation
by
the
department
to
consider
the
23
juvenile
for
release
or
placement.
24
4.
d.
The
date
on
which
the
juvenile
is
expected
to
be
25
released
from
a
facility
pursuant
to
a
plan
of
placement.
26
2.
The
notification
required
pursuant
to
this
section
27
may
occur
through
the
automated
victim
notification
system
28
referred
to
in
section
915.10A
to
the
extent
such
information
29
is
available
for
dissemination
through
the
system.
30
Sec.
234.
Section
915.38,
subsection
1,
Code
2013,
is
31
amended
to
read
as
follows:
32
1.
a.
Upon
its
own
motion
or
upon
motion
of
any
party,
33
a
court
may
protect
a
minor,
as
defined
in
section
599.1
,
34
from
trauma
caused
by
testifying
in
the
physical
presence
of
35
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the
defendant
where
it
would
impair
the
minor’s
ability
to
1
communicate,
by
ordering
that
the
testimony
of
the
minor
be
2
taken
in
a
room
other
than
the
courtroom
and
be
televised
3
by
closed-circuit
equipment
for
viewing
in
the
courtroom.
4
However,
such
an
order
shall
be
entered
only
upon
a
specific
5
finding
by
the
court
that
such
measures
are
necessary
to
6
protect
the
minor
from
trauma.
Only
the
judge,
prosecuting
7
attorney,
defendant’s
attorney,
persons
necessary
to
operate
8
the
equipment,
and
any
person
whose
presence,
in
the
opinion
of
9
the
court,
would
contribute
to
the
welfare
and
well-being
of
10
the
minor
may
be
present
in
the
room
with
the
minor
during
the
11
minor’s
testimony.
The
judge
shall
inform
the
minor
that
the
12
defendant
will
not
be
present
in
the
room
in
which
the
minor
13
will
be
testifying
but
that
the
defendant
will
be
viewing
the
14
minor’s
testimony
through
closed-circuit
television.
15
b.
During
the
minor’s
testimony
the
defendant
shall
remain
16
in
the
courtroom
and
shall
be
allowed
to
communicate
with
the
17
defendant’s
counsel
in
the
room
where
the
minor
is
testifying
18
by
an
appropriate
electronic
method.
19
c.
In
addition,
upon
a
finding
of
necessity,
the
court
20
may
allow
the
testimony
of
a
victim
or
witness
with
a
mental
21
illness,
an
intellectual
disability,
or
other
developmental
22
disability
to
be
taken
as
provided
in
this
subsection
,
23
regardless
of
the
age
of
the
victim
or
witness.
24
DIVISION
III
25
CONFORMING
CHANGES
26
Sec.
235.
Section
48A.11,
subsection
2,
paragraph
b,
Code
27
2013,
is
amended
to
read
as
follows:
28
b.
The
penalty
provided
by
law
for
submission
of
a
false
29
voter
registration
form,
which
shall
be
the
penalty
for
perjury
30
as
provided
by
section
902.9,
subsection
5
1,
paragraph
“e”
.
31
Sec.
236.
Section
124.401,
subsection
1,
paragraph
a,
32
unnumbered
paragraph
1,
Code
2013,
is
amended
to
read
as
33
follows:
34
Violation
of
this
subsection
,
with
respect
to
the
35
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following
controlled
substances,
counterfeit
substances,
or
1
simulated
controlled
substances
is
a
class
“B”
felony,
and
2
notwithstanding
section
902.9,
subsection
2
1,
paragraph
“b”
,
3
shall
be
punished
by
confinement
for
no
more
than
fifty
years
4
and
a
fine
of
not
more
than
one
million
dollars:
5
Sec.
237.
Section
124.401,
subsection
1,
paragraph
b,
6
unnumbered
paragraph
1,
Code
2013,
is
amended
to
read
as
7
follows:
8
Violation
of
this
subsection
with
respect
to
the
following
9
controlled
substances,
counterfeit
substances,
or
simulated
10
controlled
substances
is
a
class
“B”
felony,
and
in
addition
11
to
the
provisions
of
section
902.9,
subsection
2
1,
paragraph
12
“b”
,
shall
be
punished
by
a
fine
of
not
less
than
five
thousand
13
dollars
nor
more
than
one
hundred
thousand
dollars:
14
Sec.
238.
Section
124.401,
subsection
1,
paragraph
c,
15
unnumbered
paragraph
1,
Code
2013,
is
amended
to
read
as
16
follows:
17
Violation
of
this
subsection
with
respect
to
the
following
18
controlled
substances,
counterfeit
substances,
or
simulated
19
controlled
substances
is
a
class
“C”
felony,
and
in
addition
20
to
the
provisions
of
section
902.9,
subsection
4
1,
paragraph
21
“d”
,
shall
be
punished
by
a
fine
of
not
less
than
one
thousand
22
dollars
nor
more
than
fifty
thousand
dollars:
23
Sec.
239.
Section
124.401D,
subsection
1,
paragraph
b,
Code
24
2013,
is
amended
to
read
as
follows:
25
b.
A
violation
of
this
subsection
is
a
felony
punishable
26
under
section
902.9,
subsection
1
,
paragraph
“a”
.
27
Sec.
240.
Section
124.401D,
subsection
2,
paragraph
b,
Code
28
2013,
is
amended
to
read
as
follows:
29
b.
A
violation
of
this
subsection
is
a
felony
punishable
30
under
section
902.9,
subsection
1
,
paragraph
“a”
.
31
Sec.
241.
Section
237A.29,
subsection
2,
paragraph
b,
Code
32
2013,
is
amended
to
read
as
follows:
33
b.
A
child
care
provider
that
has
been
found
by
the
34
department
of
inspections
and
appeals
in
an
administrative
35
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proceeding
or
in
a
judicial
proceeding
to
have
obtained,
or
has
1
agreed
to
entry
of
a
civil
judgment
or
judgment
by
confession
2
that
includes
a
conclusion
of
law
that
the
child
care
provider
3
has
obtained,
by
fraudulent
means,
public
funding
for
provision
4
of
child
care
in
an
amount
equal
to
or
in
excess
of
the
minimum
5
amount
for
a
fraudulent
practice
in
the
second
degree
under
6
section
714.10,
subsection
1
,
paragraph
“a”
,
shall
be
subject
7
to
sanction
in
accordance
with
this
subsection
.
Such
child
8
care
provider
shall
be
subject
to
a
period
during
which
receipt
9
of
public
funding
for
provision
of
child
care
is
conditioned
10
upon
no
further
violations
and
to
one
or
more
of
the
following
11
sanctions
as
determined
by
the
department
of
human
services:
12
(1)
Ineligibility
to
receive
public
funding
for
provision
13
of
child
care.
14
(2)
Suspension
from
receipt
of
public
funding
for
provision
15
of
child
care.
16
(3)
Special
review
of
the
child
care
provider’s
claims
for
17
providing
publicly
funded
child
care.
18
Sec.
242.
Section
692A.101,
subsection
1,
paragraph
a,
19
subparagraphs
(3)
and
(4),
Code
2013,
are
amended
to
read
as
20
follows:
21
(3)
Sexual
abuse
in
the
third
degree
in
violation
of
section
22
709.4,
subsection
1
,
paragraph
“a”
.
23
(4)
Lascivious
acts
with
a
child
in
violation
of
section
24
709.8,
subsection
1
,
paragraph
“a”
or
2
“b”
.
25
Sec.
243.
Section
692A.101,
subsection
2,
paragraph
a,
26
subparagraph
(3),
Code
2013,
is
amended
to
read
as
follows:
27
(3)
Sexual
abuse
in
the
third
degree
in
violation
of
section
28
709.4
,
except
for
a
violation
of
section
709.4,
subsection
2
1
,
29
paragraph
“c”
“b”
,
subparagraph
(4)
(3),
subparagraph
division
30
(d)
.
31
Sec.
244.
Section
692A.102,
subsection
1,
paragraph
a,
32
subparagraphs
(2),
(3),
and
(4),
Code
2013,
are
amended
to
read
33
as
follows:
34
(2)
Sexual
abuse
in
the
third
degree
in
violation
of
35
-135-
HF
417
(4)
85
lh/rj/md
135/
143
H.F.
417
section
709.4,
subsection
1,
3
paragraph
“a”
,
“c”
,
or
4
“d”
,
if
1
committed
by
a
person
under
the
age
of
fourteen.
2
(3)
Sexual
abuse
in
the
third
degree
in
violation
of
section
3
709.4,
subsection
2
1
,
paragraph
“a”
or
“b”
,
subparagraph
(1)
or
4
(2),
if
committed
by
a
person
under
the
age
of
fourteen.
5
(4)
Sexual
abuse
in
the
third
degree
in
violation
of
section
6
709.4,
subsection
2
1
,
paragraph
“c”
“b”
,
subparagraph
(3)
.
7
Sec.
245.
Section
692A.102,
subsection
1,
paragraph
b,
8
subparagraphs
(1)
and
(3),
Code
2013,
are
amended
to
read
as
9
follows:
10
(1)
Lascivious
acts
with
a
child
in
violation
of
section
11
709.8,
subsection
3
1,
paragraph
“c”
or
4
“d”
.
12
(3)
Solicitation
of
a
minor
to
engage
in
an
illegal
act
13
under
section
709.8,
subsection
3
1
,
paragraph
“c”
,
in
violation
14
of
section
705.1
.
15
Sec.
246.
Section
692A.102,
subsection
1,
paragraph
c,
16
subparagraphs
(10),
(11),
and
(12),
Code
2013,
are
amended
to
17
read
as
follows:
18
(10)
Sexual
abuse
in
the
third
degree
in
violation
of
19
section
709.4,
subsection
1,
3
paragraph
“a”
,
“c”
,
or
4
“d”
,
if
20
committed
by
a
person
fourteen
years
of
age
or
older.
21
(11)
Sexual
abuse
in
the
third
degree
in
violation
22
of
section
709.4,
subsection
2
1
,
paragraph
“a”
or
“b”
,
23
subparagraph
(1)
or
(2),
if
committed
by
a
person
fourteen
24
years
of
age
or
older.
25
(12)
Lascivious
acts
with
a
child
in
violation
of
section
26
709.8,
subsection
1
,
paragraph
“a”
or
2
“b”
.
27
Sec.
247.
Section
692A.121,
subsection
2,
paragraph
b,
28
subparagraph
(2),
subparagraph
division
(a),
Code
2013,
is
29
amended
to
read
as
follows:
30
(a)
The
relevant
information
about
a
sex
offender
who
was
31
under
twenty
years
of
age
at
the
time
the
offender
committed
a
32
violation
of
section
709.4,
subsection
2
1
,
paragraph
“c”
“b”
,
33
subparagraph
(4)
(3),
subparagraph
division
(d)
.
34
Sec.
248.
Section
702.11,
subsection
2,
paragraph
c,
Code
35
-136-
HF
417
(4)
85
lh/rj/md
136/
143
H.F.
417
2013,
is
amended
to
read
as
follows:
1
c.
Sexual
abuse
in
violation
of
section
709.4,
subsection
2
2
1
,
paragraph
“c”
“b”
,
subparagraph
(4)
(3),
subparagraph
3
division
(d)
.
4
Sec.
249.
Section
708.2A,
subsection
7,
paragraph
b,
Code
5
2013,
is
amended
to
read
as
follows:
6
b.
A
person
convicted
of
violating
subsection
4
shall
be
7
sentenced
as
provided
under
section
902.9,
subsection
5
1,
8
paragraph
“e”
,
and
shall
be
denied
parole
or
work
release
until
9
the
person
has
served
a
minimum
of
one
year
of
the
person’s
10
sentence.
Notwithstanding
section
901.5
,
subsections
1,
3,
and
11
5
and
section
907.3
,
the
person
cannot
receive
a
suspended
or
12
deferred
sentence
or
a
deferred
judgment;
however,
the
person
13
sentenced
shall
receive
credit
for
any
time
the
person
was
14
confined
in
a
jail
or
detention
facility
following
arrest.
15
Sec.
250.
Section
708A.2,
Code
2013,
is
amended
to
read
as
16
follows:
17
708A.2
Terrorism.
18
A
person
who
commits
or
attempts
to
commit
an
act
of
19
terrorism
commits
a
class
“B”
felony.
However,
notwithstanding
20
section
902.9,
subsection
2
1,
paragraph
“b”
,
the
maximum
21
sentence
for
a
person
convicted
under
this
section
shall
be
a
22
period
of
confinement
of
not
more
than
fifty
years.
23
Sec.
251.
Section
716.10,
subsection
2,
paragraph
a,
Code
24
2013,
is
amended
to
read
as
follows:
25
a.
A
person
commits
railroad
vandalism
in
the
first
degree
26
if
the
person
intentionally
commits
railroad
vandalism
which
27
results
in
the
death
of
any
person.
Railroad
vandalism
in
the
28
first
degree
is
a
class
“B”
felony.
However,
notwithstanding
29
section
902.9,
subsection
2
1,
paragraph
“b”
,
the
maximum
30
sentence
for
a
person
convicted
under
this
section
shall
be
a
31
period
of
confinement
of
not
more
than
fifty
years.
32
Sec.
252.
Section
726.6,
subsection
4,
Code
2013,
is
amended
33
to
read
as
follows:
34
4.
A
person
who
commits
child
endangerment
resulting
in
35
-137-
HF
417
(4)
85
lh/rj/md
137/
143
H.F.
417
the
death
of
a
child
or
minor
is
guilty
of
a
class
“B”
felony.
1
Notwithstanding
section
902.9,
subsection
2
1,
paragraph
“b”
,
2
a
person
convicted
of
a
violation
of
this
subsection
shall
be
3
confined
for
no
more
than
fifty
years.
4
Sec.
253.
Section
726.6A,
Code
2013,
is
amended
to
read
as
5
follows:
6
726.6A
Multiple
acts
of
child
endangerment
——
penalty.
7
A
person
who
engages
in
a
course
of
conduct
including
three
8
or
more
acts
of
child
endangerment
as
defined
in
section
726.6
9
within
a
period
of
twelve
months
involving
the
same
child
or
a
10
minor
with
a
mental
or
physical
disability,
where
one
or
more
11
of
the
acts
results
in
serious
injury
to
the
child
or
minor
12
or
results
in
a
skeletal
injury
to
a
child
under
the
age
of
13
four
years,
is
guilty
of
a
class
“B”
felony.
Notwithstanding
14
section
902.9,
subsection
2
1,
paragraph
“b”
,
a
person
convicted
15
of
a
violation
of
this
section
shall
be
confined
for
no
more
16
than
fifty
years.
17
Sec.
254.
Section
804.25,
Code
2013,
is
amended
to
read
as
18
follows:
19
804.25
Bail
——
discharge.
20
Any
magistrate
who
receives
bail
as
provided
for
in
sections
21
804.21,
subsection
2
,
and
804.22,
subsection
2
1,
paragraph
“b”
,
22
shall
endorse,
on
the
order
of
commitment
or
on
the
warrant,
an
23
order
for
the
discharge
from
custody
of
the
arrested
person,
24
who
shall
forthwith
be
discharged,
and
shall
transmit
by
mail,
25
or
otherwise,
as
soon
as
it
can
be
conveniently
done,
to
the
26
court
at
which
the
person
is
bound
to
appear,
the
affidavits,
27
order
of
commitment
or
warrant,
and
discharge,
together
with
28
the
undertaking
of
bail.
29
Sec.
255.
Section
811.1,
subsections
1
and
2,
Code
2013,
are
30
amended
to
read
as
follows:
31
1.
A
defendant
awaiting
judgment
of
conviction
and
32
sentencing
following
either
a
plea
or
verdict
of
guilty
of
a
33
class
“A”
felony;
forcible
felony
as
defined
in
section
702.11
;
34
any
class
“B”
felony
included
in
section
462A.14
or
707.6A
;
any
35
-138-
HF
417
(4)
85
lh/rj/md
138/
143
H.F.
417
felony
included
in
section
124.401,
subsection
1
,
paragraph
1
“a”
or
“b”
;
a
second
or
subsequent
offense
under
section
2
124.401,
subsection
1
,
paragraph
“c”
;
any
felony
punishable
3
under
section
902.9,
subsection
1
,
paragraph
“a”
;
any
public
4
offense
committed
while
detained
pursuant
to
section
229A.5
;
5
or
any
public
offense
committed
while
subject
to
an
order
of
6
commitment
pursuant
to
chapter
229A
.
7
2.
A
defendant
appealing
a
conviction
of
a
class
“A”
8
felony;
forcible
felony
as
defined
in
section
702.11
;
any
class
9
“B”
or
“C”
felony
included
in
section
462A.14
or
707.6A
;
any
10
felony
included
in
section
124.401,
subsection
1
,
paragraph
11
“a”
or
“b”
;
or
a
second
or
subsequent
conviction
under
section
12
124.401,
subsection
1
,
paragraph
“c”
;
any
felony
punishable
13
under
section
902.9,
subsection
1
,
paragraph
“a”
;
any
public
14
offense
committed
while
detained
pursuant
to
section
229A.5
;
15
or
any
public
offense
committed
while
subject
to
an
order
of
16
commitment
pursuant
to
chapter
229A
.
17
Sec.
256.
Section
811.10,
unnumbered
paragraph
1,
Code
18
2013,
is
amended
to
read
as
follows:
19
When
a
defendant
is
admitted
to
bail
by
means
of
a
surety
20
bail
bond
pursuant
to
section
811.2,
subsection
1
,
paragraph
21
“d”,
“a”
,
subparagraph
(4),
the
obligation
of
surety
shall
be
22
discharged,
and
the
surety
released,
upon
any
of
the
following
23
conditions:
24
Sec.
257.
Section
901.2,
unnumbered
paragraph
2,
Code
2013,
25
is
amended
to
read
as
follows:
26
The
court
shall
not
order
a
presentence
investigation
when
27
the
offense
is
a
class
“A”
felony.
If,
however,
the
board
of
28
parole
determines
that
the
Iowa
medical
and
classification
29
center
reception
report
for
a
class
“A”
felon
is
inadequate,
30
the
board
may
request
and
shall
be
provided
with
additional
31
information
from
the
appropriate
judicial
district
department
32
of
correctional
services.
The
court
shall
order
a
presentence
33
investigation
when
the
offense
is
any
felony
punishable
under
34
section
902.9,
subsection
1
,
paragraph
“a”
,
or
a
class
“B”,
35
-139-
HF
417
(4)
85
lh/rj/md
139/
143
H.F.
417
class
“C”,
or
class
“D”
felony.
A
presentence
investigation
1
for
any
felony
punishable
under
section
902.9,
subsection
1
,
2
paragraph
“a”
,
or
a
class
“B”,
class
“C”,
or
class
“D”
felony
3
shall
not
be
waived.
The
court
may
order,
with
the
consent
of
4
the
defendant,
that
the
presentence
investigation
begin
prior
5
to
the
acceptance
of
a
plea
of
guilty,
or
prior
to
a
verdict
6
of
guilty.
The
court
may
order
a
presentence
investigation
7
when
the
offense
is
an
aggravated
misdemeanor.
The
court
may
8
order
a
presentence
investigation
when
the
offense
is
a
serious
9
misdemeanor
only
upon
a
finding
of
exceptional
circumstances
10
warranting
an
investigation.
Notwithstanding
section
901.3
,
a
11
presentence
investigation
ordered
by
the
court
for
a
serious
12
misdemeanor
shall
include
information
concerning
only
the
13
following:
14
Sec.
258.
Section
901.5A,
subsection
1,
unnumbered
15
paragraph
1,
Code
2013,
is
amended
to
read
as
follows:
16
A
defendant
sentenced
by
the
court
to
the
custody
of
the
17
director
of
the
department
of
corrections
for
an
offense
18
punishable
under
section
902.9,
subsection
1
,
paragraph
“a”
,
19
may
have
the
judgment
and
sentence
entered
under
section
901.5
20
reopened
for
resentencing
if
the
following
apply:
21
Sec.
259.
Section
901.10,
subsection
3,
Code
2013,
is
22
amended
to
read
as
follows:
23
3.
A
court
sentencing
a
person
for
the
person’s
first
24
conviction
under
section
124.401D
may,
at
its
discretion,
25
sentence
the
person
to
a
term
less
than
the
maximum
term
26
provided
under
section
902.9,
subsection
1
,
paragraph
“a”
,
if
27
mitigating
circumstances
exist
and
those
circumstances
are
28
stated
specifically
in
the
record.
However,
the
court
shall
29
not
grant
any
reduction
of
sentence
unless
the
defendant
pleads
30
guilty.
If
the
defendant
pleads
guilty,
the
court
may,
at
its
31
discretion,
reduce
the
maximum
sentence
by
up
to
one-third.
If
32
the
defendant
cooperates
in
the
prosecution
of
other
persons
33
involved
in
the
sale
or
use
of
controlled
substances,
and
34
if
the
prosecutor
requests
an
additional
reduction
in
the
35
-140-
HF
417
(4)
85
lh/rj/md
140/
143
H.F.
417
defendant’s
sentence
because
of
such
cooperation,
the
court
may
1
grant
a
further
reduction
in
the
defendant’s
maximum
sentence.
2
Sec.
260.
Section
902.14,
subsection
1,
paragraph
c,
Code
3
2013,
is
amended
to
read
as
follows:
4
c.
Lascivious
acts
with
a
child
in
violation
of
section
5
709.8,
subsection
1
,
paragraph
“a”
or
2
“b”
.
6
DIVISION
IV
7
DIRECTIVES
8
Sec.
261.
CODE
EDITOR
DIRECTIVES.
9
1.
Sections
554.1201,
subsection
2,
paragraph
“p”;
10
554.2210,
subsection
3;
554.3104,
subsection
1,
paragraph
“c”;
11
554.3104,
subsections
6,
8,
and
9;
554.3106,
subsections
1
12
and
2;
554.3108,
subsections
1
and
2;
554.3109,
subsection
13
2;
554.3112,
subsection
1;
554.3204,
subsection
1;
554.3206,
14
subsection
3,
unnumbered
paragraph
1;
554.3302,
subsection
15
1,
paragraph
“b”;
554.3302,
subsections
3
and
5;
554.3307,
16
subsection
2;
554.3310,
subsection
3;
554.3312,
subsection
17
2,
unnumbered
paragraph
1;
554.3312,
subsection
3;
554.3402,
18
subsection
2,
paragraph
“b”;
554.3404,
subsection
2,
unnumbered
19
paragraph
1;
554.3404,
subsection
3;
554.3405,
subsection
3;
20
554.3407,
subsections
1
and
3;
554.3411,
subsections
2
and
21
3;
554.3414,
subsections
2
and
6;
554.3415,
subsection
1;
22
554.3417,
subsection
1,
unnumbered
paragraph
1;
554.3417,
23
subsection
4,
unnumbered
paragraph
1;
554.3418,
subsections
24
1
and
2;
554.3419,
subsection
4;
554.3420,
subsection
1;
25
554.3502,
subsection
2,
paragraph
“c”;
554.3503,
subsections
1
26
and
3;
554.3504,
subsections
1
and
2;
554.3602,
subsection
1;
27
554.3602,
subsection
2,
paragraph
“a”;
554.4106,
subsections
28
1
and
2;
554.4109,
subsection
2;
554.4207,
subsection
2;
29
554.4208,
subsection
1,
unnumbered
paragraph
1;
554.4208,
30
subsections
2
and
4;
554.4215,
subsection
5,
unnumbered
31
paragraph
1;
554.5102,
subsection
1,
paragraphs
“f”
and
“k”;
32
554.5109,
subsection
1,
paragraph
“a”;
554.5116,
subsection
3;
33
554.8301,
subsection
1,
paragraph
“c”;
554.8403,
subsection
34
2,
unnumbered
paragraph
1;
554.13303,
subsections
2
and
3;
35
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417
554.13303,
subsection
4,
paragraph
“b”;
554.13308,
subsection
1
2;
554.13309,
subsection
8;
554.13310,
subsection
5;
554.13518,
2
subsection
2;
554.13529,
subsection
1,
paragraphs
“a”
and
“b”;
3
and
554.13531,
subsection
1,
unnumbered
paragraph
1,
Code
4
2013,
are
amended
by
striking
nonconforming
Code
subparagraph
5
subdivision
references
from
within
section
text.
6
2.
Sections
554.3119,
554.3301,
554.3401,
554.3412,
7
554.3413,
and
554.13105,
Code
2013,
are
amended
by
striking
8
nonconforming
Code
subparagraph
subdivision
references
from
9
within
section
text.
10
3.
The
Code
editor
is
directed
to
number,
renumber,
11
designate,
or
redesignate
to
eliminate
unnumbered
paragraphs
12
within
sections
556D.2,
557B.5,
557B.6,
558.60,
562A.18,
13
564A.6,
573.18,
573A.7,
592.3,
596.8,
598.25,
600B.31A,
14
602.10141,
637.606,
654.12B,
703.5,
and
704.11,
Code
2013,
in
15
accordance
with
established
Code
section
hierarchy
and
correct
16
internal
references
in
the
Code
and
in
any
enacted
Iowa
Acts,
17
as
necessary.
18
4.
The
Code
editor
is
directed
to
number,
renumber,
19
designate,
or
redesignate
to
eliminate
unnumbered
paragraphs
20
within
sections
558.58,
subsection
1;
562A.12,
subsections
3
21
and
5;
562B.13,
subsection
6;
573.12,
subsection
1;
573.12,
22
subsection
2,
paragraph
“b”;
598.13,
subsection
1;
598.22A,
23
subsection
1;
600.9,
subsection
2;
600A.6,
subsection
2;
24
602.1401,
subsection
3;
602.6105,
subsection
3,
paragraph
“b”;
25
602.9105,
subsection
1,
paragraph
“b”;
602.9107,
subsections
2
26
and
3;
614.17A,
subsection
2;
614.22,
subsection
2;
624.24A,
27
subsection
3;
627.6,
subsection
15;
631.13,
subsection
4,
28
paragraph
“a”;
631.14,
subsection
2;
633.123A,
subsection
29
1;
633.356,
subsections
3,
4,
6,
and
7;
633D.10,
subsection
30
3;
654.15,
subsection
1;
657.11,
subsection
3,
paragraph
31
“a”;
657A.10A,
subsection
1;
669.14,
subsection
11;
692.2,
32
subsection
6;
714.16A,
subsection
1;
717B.5,
subsection
2;
33
809A.6,
subsection
4;
809A.7,
subsection
5;
809A.9,
subsection
34
1;
809A.12,
subsection
3;
904.116,
subsection
2;
904.201,
35
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143
H.F.
417
subsection
3;
904.503,
subsection
1;
and
904.809,
subsection
5,
1
paragraph
“a”,
Code
2013,
in
accordance
with
established
Code
2
section
hierarchy
and
correct
internal
references
in
the
Code
3
and
in
any
enacted
Iowa
Acts,
as
necessary.
4
5.
The
Code
editor
is
directed
to
redesignate
within
5
section
327F.39,
subsection
1,
paragraphs
“a”
through
“c”
to
6
place
the
definitions
in
alphabetical
order
and
correct
any
7
internal
references
in
the
Code
and
in
any
enacted
Iowa
Acts,
8
as
necessary.
9
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417
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143