Senate File 373 - Introduced
SENATE FILE
BY COMMITTEE ON JUDICIARY
(SUCCESSOR TO SSB
1227)
A BILL FOR
1 An Act relating to statutory corrections which may adjust
2 language to reflect current practices, insert earlier
3 omissions, delete redundancies and inaccuracies, delete
4 temporary language, resolve inconsistencies and conflicts,
5 update ongoing provisions, or remove ambiguities, and
6 including effective date and retroactive applicability
7 provisions.
8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
TLSB 2080SV (1) 86
lh/rj
PAG LIN
1 1 DIVISION I
1 2 MISCELLANEOUS CHANGES
1 3 Section 1. Section 8A.315, subsection 5, Code 2015, is
1 4 amended to read as follows:
1 5 5. Information on recycled content shall be requested on all
1 6 bids for paper products other than printing and writing paper
1 7 issued by the state and on other bids for products which could
1 8 have recycled content such as oil, plastic products, including
1 9 but not limited to compost materials, aggregate, solvents,
1 10 soybean=based inks, and rubber products. Except for purchases
1 11 of printing and writing paper made pursuant to subsection 2,
1 12 paragraphs "c" and, "d", and "e", the department shall require
1 13 persons submitting bids for printing and writing paper to
1 14 certify that the printing and writing paper proposed complies
1 15 with the requirements referred to in subsection 2, paragraph
1 16 "a".
1 17 Sec. 2. Section 8A.504, subsection 2, paragraph b, Code
1 18 2015, is amended to read as follows:
1 19 b. Before setoff, the public agency shall obtain and forward
1 20 to the collection entity the full name and social security
1 21 number of the person liable to it the public agency or to whom
1 22 a claim is owing who is a natural person. If the person is
1 23 not a natural person, before setoff, the public agency shall
1 24 forward to the collection entity the information concerning the
1 25 person as the collection entity shall, by rule, require. The
1 26 collection entity shall cooperate with other public agencies in
1 27 the exchange of information relevant to the identification of
1 28 persons liable to or claimants of public agencies. However,
1 29 the collection entity shall provide only relevant information
1 30 required by a public agency. The information shall be held in
1 31 confidence and used for the purpose of setoff only. Section
1 32 422.72, subsection 1, does not apply to this paragraph.
1 33 Sec. 3. Section 12B.10, subsection 5, paragraph a,
1 34 subparagraphs (6) and (7), Code 2015, are amended to read as
1 35 follows:
2 1 (6) An open=end management investment company registered
2 2 with the federal securities and exchange commission under the
2 3 federal Investment Company Act of 1940, 15 U.S.C. {80a {80a=1,
2 4 and operated in accordance with 17 C.F.R. {270.2a=7.
2 5 (7) A joint investment trust organized pursuant to chapter
2 6 28E prior to and existing in good standing on the effective
2 7 date of this Act or a joint investment trust organized pursuant
2 8 to chapter 28E after April 28, 1992, provided that the joint
2 9 investment trust shall either be rated within the two highest
2 10 classifications by at least one of the standard rating services
2 11 approved by the superintendent of banking by rule adopted
2 12 pursuant to chapter 17A and operated in accordance with 17
2 13 C.F.R. {270.2a=7, or be registered with the federal securities
2 14 and exchange commission under the federal Investment Company
2 15 Act of 1940, 15 U.S.C. {80a {80a=1, and operated in accordance
2 16 with 17 C.F.R. {270.2a=7. The manager or investment advisor of
2 17 the joint investment trust shall be registered with the federal
2 18 securities and exchange commission under the Investment Advisor
2 19 Act of 1940, 15 U.S.C. {80b {80b=1.
2 20 Sec. 4. Section 12B.10, subsection 6, paragraph l, Code
2 21 2015, is amended to read as follows:
2 22 l. Investments in a qualified trust established pursuant
2 23 to governmental accounting standards board statement number
2 24 forty=three that is governed by a board of trustees of a joint
2 25 investment trust organized pursuant to chapter 28E and that is
2 26 registered with the federal securities and exchange commission
2 27 under the federal Investment Company Act of 1940, 15 U.S.C.
2 28 {80a {80a=1.
2 29 Sec. 5. Section 12B.10C, subsection 2, Code 2015, is amended
2 30 to read as follows:
2 31 2. As used in this section, "public funds custodial
2 32 agreement" means any contractual arrangement pursuant to
2 33 which one or more persons, including but not limited to
2 34 investment advisors, investment companies, trustees, agents
2 35 and custodians, are authorized to act as a custodian of or to
3 1 designate another person to act as a custodian of public funds
3 2 or any security or document of ownership or title evidencing
3 3 public funds investments other than custodial agreements
3 4 between an open=end management investment company registered
3 5 with the federal securities and exchange commission under the
3 6 federal Investment Company Act of 1940, 15 U.S.C. {80a {80a=1
3 7 and a custodian bank.
3 8 Sec. 6. Section 13.2, subsection 1, paragraph p, Code 2015,
3 9 is amended to read as follows:
3 10 p. Submit a report by January 15 of each year to the
3 11 co=chairpersons and ranking members of the joint appropriations
3 12 subcommittee on the justice system, to the executive council,
3 13 and to the legislative services agency detailing the amount
3 14 of annual money receipts generated by each settlement or
3 15 judgment in excess of two hundred fifty thousand dollars
3 16 collected pursuant to legal proceedings under chapters 455B,
3 17 553, and 714. The report shall include the name of the
3 18 civil or criminal case involved, the court of jurisdiction,
3 19 the settlement amount, including the state's share of the
3 20 settlement amount, the name of the fund in which the receipts
3 21 were deposited, and the planned use of the moneys.
3 22 Sec. 7. Section 13.32, subsection 1, paragraph a,
3 23 subparagraphs (1) and (2), Code 2015, are amended to read as
3 24 follows:
3 25 (1) A mission statement and table of organization of the
3 26 department of justice relating to the victim assistance grant
3 27 programs, a program summary, and statistics, including but not
3 28 limited to sources and uses of funds and the numbers of victims
3 29 served.
3 30 (2) An itemization of out=of=state travel expenses incurred
3 31 by an employee of the department of justice and an itemization
3 32 of such travel expenses paid to a contractor.
3 33 Sec. 8. Section 13C.1, Code 2015, is amended by adding the
3 34 following new unnumbered paragraph before subsection 1:
3 35 NEW UNNUMBERED PARAGRAPH As used in this chapter, unless
4 1 the context otherwise requires:
4 2 Sec. 9. Section 15.105, subsection 1, paragraph a,
4 3 subparagraph (1), subparagraph division (a), Code 2015, is
4 4 amended to read as follows:
4 5 (a) Two members from each United States congressional
4 6 district established under section 40.1 in the state.
4 7 Sec. 10. Section 15.294, subsection 4, Code 2015, is amended
4 8 by striking the subsection.
4 9 Sec. 11. Section 15.333, subsection 2, unnumbered paragraph
4 10 1, Code 2015, is amended to read as follows:
4 11 For purposes of this subsection section, "new investment
4 12 directly related to new jobs created by the project" means the
4 13 cost of machinery and equipment, as defined in section 427A.1,
4 14 subsection 1, paragraphs "e" and "j", purchased for use in
4 15 the operation of the eligible business, the purchase price
4 16 of which has been depreciated in accordance with generally
4 17 accepted accounting principles, the purchase price of real
4 18 property and any buildings and structures located on the real
4 19 property, and the cost of improvements made to real property
4 20 which is used in the operation of the eligible business. "New
4 21 investment directly related to new jobs created by the project"
4 22 also means the annual base rent paid to a third=party developer
4 23 by an eligible business for a period not to exceed ten years,
4 24 provided the cumulative cost of the base rent payments for that
4 25 period does not exceed the cost of the land and the third=party
4 26 developer's costs to build or renovate the building for the
4 27 eligible business. The eligible business shall enter into a
4 28 lease agreement with the third=party developer for a minimum
4 29 of five years. If, however, within five years of purchase,
4 30 the eligible business sells, disposes of, razes, or otherwise
4 31 renders unusable all or a part of the land, buildings, or other
4 32 existing structures for which tax credit was claimed under this
4 33 section, the tax liability of the eligible business for the
4 34 year in which all or part of the property is sold, disposed of,
4 35 razed, or otherwise rendered unusable shall be increased by one
5 1 of the following amounts:
5 2 Sec. 12. Section 16.1A, subsection 2, paragraph b, Code
5 3 2015, is amended to read as follows:
5 4 b. Programs established by the authority which the authority
5 5 finds useful and convenient to further goals of the authority
5 6 and which are consistent with the legislative findings. Such
5 7 programs shall be administered in accordance with section 16.4
5 8 subchapter III. Such additional programs shall be administered
5 9 in accordance with rules, if any, which the authority
5 10 determines useful and convenient to adopt pursuant to chapter
5 11 17A.
5 12 Sec. 13. Section 16.2A, Code 2015, is amended to read as
5 13 follows:
5 14 16.2A Title guaranty division ==== board.
5 15 1. A title guaranty division is created within the
5 16 authority. The division may also be referred to as Iowa title
5 17 guaranty. The powers of the division relating to the issuance
5 18 of title guaranties are vested in and shall be exercised by a
5 19 title guaranty division board of five members appointed by the
5 20 governor subject to confirmation by the senate. The membership
5 21 of the title guaranty division board shall include an attorney,
5 22 an abstractor, a real estate broker, a representative of a
5 23 lending institution that engages in mortgage lending, and
5 24 a representative of the housing development industry. The
5 25 executive director of the authority shall appoint an attorney
5 26 as director of the title guaranty division, who shall serve
5 27 as an ex officio member of the title guaranty division board.
5 28 The appointment of and compensation for the division director
5 29 are exempt from the merit system provisions of chapter 8A,
5 30 subchapter IV.
5 31 2. Members of the title guaranty division board shall be
5 32 appointed by the governor for staggered terms of six years
5 33 beginning and ending as provided in section 69.19. A person
5 34 shall not serve on the title guaranty division board while
5 35 serving on the authority board. A person appointed to fill
6 1 a vacancy shall serve only for the unexpired portion of the
6 2 term. A member is eligible for reappointment. A member of the
6 3 title guaranty division board may be removed from office by the
6 4 governor for misfeasance, malfeasance, or willful neglect of
6 5 duty or for other just cause, after notice and hearing, unless
6 6 notice and hearing is expressly waived in writing.
6 7 3. Three members of the title guaranty division board shall
6 8 constitute a quorum. An affirmative vote of a majority of the
6 9 appointed members is necessary for any substantive action taken
6 10 by the division.
6 11 4. Members of the title guaranty division board are entitled
6 12 to receive a per diem as specified in section 7E.6 for each
6 13 day spent in performance of duties as members and shall be
6 14 reimbursed for all actual and necessary expenses incurred in
6 15 the performance of duties as members.
6 16 5. Members of the title guaranty division board and the
6 17 executive director shall give bond as required for public
6 18 officers in chapter 64.
6 19 6. Meetings of the title guaranty division board shall be
6 20 held at the call of the chair of the title guaranty division
6 21 board or on written request of two members.
6 22 7. Members shall elect a chair and vice chair annually and
6 23 other officers as they determine. The executive director shall
6 24 serve as secretary to the title guaranty division board.
6 25 8. The net earnings of the division, beyond that necessary
6 26 for reserves, backing, guaranties issued, or to otherwise
6 27 implement the public purposes and programs authorized, shall
6 28 not inure to the benefit of any person other than the state and
6 29 are subject to section 16.2, subsection 8.
6 30 Sec. 14. Section 16.2B, subsection 3, paragraph b, Code
6 31 2015, is amended to read as follows:
6 32 b. Obtain agricultural assets transfer tax credits,
6 33 including by issuing tax credit certificates issued pursuant to
6 34 subchapter VIII, part 5.
6 35 Sec. 15. Section 16.2D, subsection 1, Code 2015, is amended
7 1 to read as follows:
7 2 1. A council on homelessness is created consisting of
7 3 thirty=eight voting members. At all times, at least one voting
7 4 member at all times shall be a member of a minority group.
7 5 Sec. 16. Section 16.7, subsection 2, Code 2015, is amended
7 6 to read as follows:
7 7 2. The annual report shall contain at least three parts
7 8 which include all of the following:
7 9 a. A general description of the authority setting forth:
7 10 (1) Its operations Operations and accomplishments.
7 11 (2) Its receipts Receipts and expenditures during the
7 12 fiscal year, in accordance with the classifications it the
7 13 authority establishes for its operating and capital accounts.
7 14 (3) Its assets Assets and liabilities at the end of its
7 15 the fiscal year and the status of reserve, special, and other
7 16 funds.
7 17 (4) A schedule of its bonds and notes outstanding at the
7 18 end of its the fiscal year, together with a statement of the
7 19 amounts redeemed and issued during its the fiscal year.
7 20 (5) A statement of its proposed and projected activities.
7 21 (6) Recommendations to the general assembly, as it the
7 22 authority deems necessary.
7 23 (7) Performance goals of the authority, clearly indicating
7 24 the extent of progress during the reporting period in attaining
7 25 the goals.
7 26 b. A summary of housing programs administered under this
7 27 chapter. The summary shall include an analysis of current
7 28 housing needs in this state. Where possible, results shall be
7 29 expressed in terms of housing units.
7 30 c. A summary of agricultural development programs
7 31 administered under subchapter VIII. Where possible, findings
7 32 and results shall be expressed in terms of number of loans, tax
7 33 credits, participating qualified beginning farmers, and acres
7 34 of agricultural land, including by county.
7 35 Sec. 17. Section 16.16, subsection 3, Code 2015, is amended
8 1 to read as follows:
8 2 3. The treasurer of state shall not be subject to personal
8 3 liability resulting from carrying out the powers and duties
8 4 of the authority or the treasurer of state, as applicable, in
8 5 subchapter X, part 15 9.
8 6 Sec. 18. Section 16.17, Code 2015, is amended to read as
8 7 follows:
8 8 16.17 Rules.
8 9 1. The authority shall adopt pursuant to chapter 17A all
8 10 rules necessary to administer this chapter.
8 11 2. The authority may adopt rules which establish by
8 12 rule further definitions applicable to this chapter, and
8 13 clarification of clarify the definitions in this chapter, as it
8 14 the authority deems convenient and necessary to carry out the
8 15 public purposes of this chapter including all the following:
8 16 a. Any rules necessary to assure eligibility for funds
8 17 available under federal housing laws, or to assure compliance
8 18 with federal tax laws relating to the issuance of tax exempt
8 19 bonds pursuant to the Internal Revenue Code or relating to the
8 20 allowance of low=income credits under Internal Revenue Code
8 21 {42.
8 22 b. Any rule as necessary to assure eligibility for funds,
8 23 insurance, or guaranties available under federal laws and to
8 24 carry out the public purposes of subchapter VIII.
8 25 3. The authority may adopt rules pursuant to chapter 17A
8 26 relating to the purchase and sale of residential mortgage loans
8 27 and the sale of mortgage=backed securities.
8 28 Sec. 19. Section 16.26, subsection 6, Code 2015, is amended
8 29 to read as follows:
8 30 6. The authority may issue negotiable bond anticipation
8 31 notes and may renew them from time to time but the maximum
8 32 maturity of the notes, including renewals, shall not exceed
8 33 ten years from the date of issue of the original notes. Bond
8 34 anticipation notes are payable from any available moneys of the
8 35 authority not otherwise pledged, or from the proceeds of the
9 1 sale of bonds of the authority in anticipation of which the
9 2 bond anticipation notes were issued. Bond anticipation notes
9 3 may be issued for any corporate purpose of the authority. Bond
9 4 anticipation notes shall be issued in the same manner as bonds
9 5 and bond anticipation notes, and the resolution authorizing
9 6 them may contain any provisions, conditions, or limitations,
9 7 not inconsistent with the provisions of this subsection, which
9 8 the bonds or a bond resolution of the authority may contain.
9 9 Bond anticipation notes may be sold at public or private sale.
9 10 In case of default on its bond anticipation notes or violation
9 11 of any obligations of the authority to the noteholders, the
9 12 noteholders shall have all the remedies provided in this
9 13 chapter for bondholders. Bond anticipation notes shall be as
9 14 fully negotiable as bonds of the authority.
9 15 Sec. 20. Section 16.27A, Code 2015, is amended to read as
9 16 follows:
9 17 16.27A Powers relating to loans.
9 18 Subject to any agreement with bondholders or noteholders,
9 19 the authority may renegotiate a mortgage or secured loan or
9 20 a loan to a lending institution in default, waive a default
9 21 or consent to the modification of the terms of a mortgage or
9 22 secured loan or a loan to a lending institution, forgive or
9 23 forbear all or part of a mortgage or secured loan or a loan to
9 24 a lending institution, and commence, prosecute, and enforce
9 25 a judgment in any action, including but not limited to a
9 26 foreclosure action, to protect or enforce any right conferred
9 27 upon it by law, mortgage or secured loan agreement, contract,
9 28 or other agreement, and in connection with any action, bid for
9 29 and purchase the property or acquire or take possession of it,
9 30 complete, administer, pay the principal of and interest on
9 31 any obligations incurred in connection with the property, and
9 32 dispose of and otherwise deal with the property in a manner the
9 33 authority deems advisable to protect its interests.
9 34 Sec. 21. Section 16.50, subsection 3, paragraph b,
9 35 subparagraph (1), Code 2015, is amended to read as follows:
10 1 (1) Projects that are eligible for historic preservation
10 2 and cultural and entertainment district tax credits under
10 3 section 404A.2 chapter 404A.
10 4 Sec. 22. Section 16.59, unnumbered paragraph 1, Code 2015,
10 5 is amended to read as follows:
10 6 A low or moderate net worth requirement To receive financing
10 7 as provided in this subchapter, applies to an individual,
10 8 partnership, family farm corporation, or family farm limited
10 9 liability company shall meet the applicable low or moderate
10 10 net worth requirements established in this section. The
10 11 requirement as applied that applies to each such person is
10 12 calculated determined as follows:
10 13 Sec. 23. Section 16.64, subsection 1, Code 2015, is amended
10 14 to read as follows:
10 15 1. An The authority shall publish a notice of intention
10 16 to issue bonds or notes. After sixty days from the date of
10 17 publication of the notice, an action shall not be brought
10 18 questioning the legality of any bonds or notes or the power of
10 19 the authority to issue any bonds or notes or to the legality
10 20 of any proceedings in connection with the authorization or
10 21 issuance of the bonds or notes after determination by the board
10 22 of the authority to proceed with the issuance of the bonds or
10 23 notes sixty days from the date of publication of the notice.
10 24 Sec. 24. Section 16.76, subsections 1 and 2, Code 2015, are
10 25 amended to read as follows:
10 26 1. As used in this section, "loan" includes but is
10 27 not limited to mortgage or secured loans; loans insured,
10 28 guaranteed, or otherwise secured by the federal government or
10 29 a federal governmental agency or instrumentality, or a state
10 30 agency or private mortgage insurers; and financing pursuant to
10 31 an installment contract or contract for purchase arrangement.
10 32 2. The authority may make loans, including but not limited
10 33 to mortgage or secured loans, or loans insured, guaranteed,
10 34 or otherwise secured by the federal government or a federal
10 35 governmental agency or instrumentality, or a state agency or
11 1 private mortgage insurers, to beginning farmers to provide
11 2 financing for agricultural land and agricultural improvements
11 3 or depreciable agricultural property.
11 4 Sec. 25. Section 16.78, subsection 1, Code 2015, is amended
11 5 to read as follows:
11 6 1. To every extent practicable, the authority shall
11 7 administer tax credits under the beginning farmer tax credit
11 8 program in a uniform manner that encourages participation by
11 9 qualified beginning farmers. The authority shall determine a
11 10 qualified beginning farmer's low or moderate net worth by using
11 11 a single method applicable to all its programs as provided
11 12 under section 16.59, including the beginning farmer tax credit
11 13 program.
11 14 Sec. 26. Section 16.92, subsection 1, paragraph d, Code
11 15 2015, is amended to read as follows:
11 16 d. "Division board" means the board of directors of the
11 17 title guaranty division of the Iowa finance authority.
11 18 Sec. 27. Section 17A.5, subsection 2, paragraph b, Code
11 19 2015, is amended to read as follows:
11 20 b. (1) Subject to applicable constitutional or statutory
11 21 provisions, a rule becomes effective immediately upon filing
11 22 with the administrative rules coordinator, or at a subsequent
11 23 stated date prior to indexing and publication, or at a stated
11 24 date less than thirty=five days after filing, indexing and
11 25 publication, if the agency finds:
11 26 (1) (a) That a statute so provides;
11 27 (2) (b) That the rule confers a benefit or removes a
11 28 restriction on the public or some segment thereof; or
11 29 (3) (c) That this effective date is necessary because of
11 30 imminent peril to the public health, safety or welfare.
11 31 (2) In any subsequent action contesting the effective date
11 32 of a rule promulgated under this paragraph "b", the burden
11 33 of proof shall be on the agency to justify its finding. The
11 34 agency's finding and a brief statement of the reasons therefor
11 35 shall be filed with and made a part of the rule. Prior to
12 1 indexing and publication, the agency shall make reasonable
12 2 efforts to make known to the persons who may be affected by it a
12 3 rule made effective under the terms of this paragraph "b".
12 4 Sec. 28. Section 28M.7, subsections 2 and 3, Code 2015, are
12 5 amended to read as follows:
12 6 2. A regional transit district may disclose aggregate data
12 7 on user and customer transaction history and fare card use
12 8 to government governmental entities, organizations, school
12 9 districts, educational institutions, and employers that
12 10 subsidize or provide fare cards to their clients, students, or
12 11 employees. Government Governmental entities, organizations,
12 12 school districts, educational institutions, and employers may
12 13 use the aggregate data only for purposes of measuring and
12 14 promoting fare card use and evaluating the cost=effectiveness
12 15 of their fare card programs. The disclosure of nonaggregate
12 16 or personalized data on user and customer transaction history
12 17 and fare card use to government governmental entities,
12 18 organizations, school districts, educational institutions, and
12 19 employers shall be strictly prohibited.
12 20 3. A regional transit district may disclose data concerning
12 21 applicants, users, and customers collected by or through
12 22 personalized internet services or a fare collection system to
12 23 another government governmental entity to prevent a breach
12 24 of security regarding electronic systems maintained by the
12 25 regional transit district or the governmental entity, or
12 26 pursuant to a subpoena issued in connection with a civil or
12 27 criminal investigation.
12 28 Sec. 29. Section 29B.116, Code 2015, is amended to read as
12 29 follows:
12 30 29B.116 General article.
12 31 Subject to section 29B.116A, though Though not specifically
12 32 mentioned in this code, and subject to section 29B.116A, all
12 33 disorders and neglects to the prejudice of good order and
12 34 discipline in the state military forces and all conduct of
12 35 a nature to bring discredit upon the state military forces,
13 1 of which persons subject to this code may be guilty, shall
13 2 be taken cognizance of by a general, special, or summary
13 3 court=martial, according to the nature and degree of the
13 4 offense, and shall be punished at the discretion of that court.
13 5 Sec. 30. Section 29B.116B, Code 2015, is amended to read as
13 6 follows:
13 7 29B.116B Adjutant general report.
13 8 The adjutant general shall report annually, by January 15,
13 9 to the governor and to the chairpersons and ranking members
13 10 of the general assembly's standing committees on veterans
13 11 affairs on the number of offenses described in section
13 12 29B.116A, subsection 1, which have been reported to civilian
13 13 law enforcement authorities in the prior year, if such offenses
13 14 were committed by a member of the state military forces against
13 15 another member of the state military forces while both are
13 16 subject to this code. The report shall provide such numbers
13 17 by type of offense.
13 18 Sec. 31. Section 43.16, Code 2015, is amended to read as
13 19 follows:
13 20 43.16 Return of papers, additions not allowed.
13 21 1. After a nomination paper has been filed, it shall not
13 22 be returned to the person who has filed the paper, nor shall
13 23 any signature or other information be added to the nomination
13 24 paper.
13 25 2. a. A person who has filed nomination petitions with the
13 26 state commissioner may withdraw as a candidate not later than
13 27 the seventy=sixth day before the primary election by notifying
13 28 the state commissioner in writing.
13 29 b. A person who has filed nomination papers with the
13 30 commissioner may withdraw as a candidate not later than the
13 31 sixty=seventh day before the primary election by notifying the
13 32 commissioner in writing.
13 33 3. The name of a candidate who has withdrawn or died at a
13 34 time in accordance with this section on or before the final day
13 35 to withdraw as a candidate for that office shall be omitted
14 1 from the certificate furnished by the state commissioner under
14 2 section 43.22 and omitted from the primary election ballot.
14 3 Sec. 32. Section 68A.405, subsection 1, paragraph a,
14 4 subparagraph (3), Code 2015, is amended to read as follows:
14 5 (3) "Published material" means any newspaper, magazine,
14 6 shopper, outdoor advertising facility, poster, direct mailing,
14 7 brochure, internet site, campaign sign, or any other form of
14 8 printed or electronic general public political advertising.
14 9 "Published material" includes television, video, or motion
14 10 picture advertising.
14 11 Sec. 33. Section 80B.5, subsection 1, Code 2015, is amended
14 12 to read as follows:
14 13 1. The administration of this chapter shall be vested in
14 14 the office of the governor. Except for the director and deputy
14 15 director of the academy, the staff as may be necessary for it
14 16 the academy to function shall be employed pursuant to the Iowa
14 17 merit system.
14 18 Sec. 34. Section 96.9, subsection 6, Code 2015, is amended
14 19 to read as follows:
14 20 6. Management of funds in the event of discontinuance of
14 21 unemployment trust fund. The provisions of subsections 1, 2,
14 22 and 3 to the extent that they relate to the unemployment trust
14 23 fund shall be operative only so long as such unemployment
14 24 trust fund continues to exist and so long as the secretary
14 25 of the treasury of the United States continues to maintain
14 26 for this state a separate book account of all funds deposited
14 27 therein by this state for benefit purposes, together with
14 28 this state's proportionate share of the earnings of such
14 29 unemployment trust fund, from which no other state is permitted
14 30 to make withdrawals. If and when such unemployment trust fund
14 31 ceases to exist, or such separate book account is no longer
14 32 maintained, all moneys, properties, or securities therein,
14 33 belonging to the unemployment compensation fund of this state
14 34 shall be transferred to the treasurer of the unemployment
14 35 compensation fund, who shall hold, invest, transfer, sell,
15 1 deposit, and release such moneys, properties, or securities
15 2 in a manner approved by the director, treasurer of state,
15 3 and governor, in accordance with the provisions of this
15 4 chapter: Provided, provided that such moneys shall be invested
15 5 in the following such readily marketable classes of securities;
15 6 such securities as are authorized by the laws of the state of
15 7 Iowa for the investment of trust funds. The treasurer shall
15 8 dispose of securities and other properties belonging to the
15 9 unemployment compensation fund only under the direction of the
15 10 director, treasurer of state, and governor.
15 11 Sec. 35. Section 96.14, subsection 4, Code 2015, is amended
15 12 to read as follows:
15 13 4. Priorities under legal dissolutions or distributions. In
15 14 the event of any distribution of an employer's assets
15 15 pursuant to an order of any court under the laws of this
15 16 state, including any receivership, assignment for benefit of
15 17 creditors, adjudicated insolvency, composition, or similar
15 18 proceeding, contributions then or thereafter due shall be
15 19 paid in full prior to all other claims except taxes and
15 20 claims for wages preferred as provided by statute. In the
15 21 event of an employer's adjudication in bankruptcy, judicially
15 22 confirmed extension proposal, or composition, under the
15 23 federal Bankruptcy Act of 1898, as amended, contributions then
15 24 or thereafter due shall be entitled to such priority as is
15 25 provided in section 64 "a" of that Act [11 U.S.C. {104 "b", as
15 26 amended], 11 U.S.C. {507.
15 27 Sec. 36. Section 96.20, subsection 2, paragraph b, Code
15 28 2015, is amended to read as follows:
15 29 b. Reimbursements so payable shall be deemed to be benefits
15 30 for the purposes of section 96.3, subsection 5, paragraph "a",
15 31 and section 96.9, but no reimbursement so payable shall be
15 32 charged against any employer's account for the purposes of
15 33 section 96.7, unless wages so transferred are sufficient to
15 34 establish a valid claim in Iowa, and that such charges shall
15 35 not exceed the amount that would have been charged on the
16 1 basis of a valid claim. The department is hereby authorized
16 2 to make to other state or federal agencies and receive from
16 3 such other state or federal agencies, reimbursements from or
16 4 to the fund, in accordance with arrangements pursuant to this
16 5 section. The department shall participate in any arrangements
16 6 for the payment of compensation on the basis of combining
16 7 an individual's wages and employment covered under this Act
16 8 chapter with the individual's wages and employment covered
16 9 under the unemployment compensation laws of other states
16 10 which are approved by the United States secretary of labor in
16 11 consultation with the state unemployment compensation agencies
16 12 as reasonably calculated to assure the prompt and full payment
16 13 of compensation in such situations and which include provisions
16 14 for applying the base period of a single state law to a claim
16 15 involving the combining of an individual's wages and employment
16 16 covered under two or more state unemployment compensation laws,
16 17 and avoiding the duplication use of wages and employment by
16 18 reason of such combining.
16 19 Sec. 37. Section 99.27, Code 2015, is amended to read as
16 20 follows:
16 21 99.27 Mulct tax.
16 22 When a permanent injunction issues against any person for
16 23 maintaining a nuisance as herein defined in section 99.1A, or
16 24 against any owner or agent of the building kept or used for the
16 25 purpose prohibited by this chapter, there shall be imposed upon
16 26 said building and the ground upon which the same is located and
16 27 against the person or persons maintaining said the nuisance and
16 28 the owner or agent of said the premises, a mulct tax of three
16 29 hundred dollars. The imposing of said the mulct tax shall be
16 30 made by the court as a part of the proceeding.
16 31 Sec. 38. Section 105.18, subsection 3, paragraph d, Code
16 32 2015, is amended to read as follows:
16 33 d. An individual that holds either a master or
16 34 journeyperson mechanical license or a master or journeyperson
16 35 HVAC=refrigeration license shall be exempt from having to
17 1 obtain a special electrician's license pursuant to chapter 103
17 2 in order to perform disconnect and reconnect of existing air
17 3 conditioning and refrigeration systems.
17 4 Sec. 39. Section 123.5, Code 2015, is amended to read as
17 5 follows:
17 6 123.5 Alcoholic beverages commission created ==== appointment
17 7 ==== removal ==== vacancies.
17 8 1. An alcoholic beverages commission is created within the
17 9 division. The commission is composed of five members, not more
17 10 than three of whom shall belong to the same political party.
17 11 2. Members shall be appointed by the governor, subject
17 12 to confirmation by the senate. Appointments shall be for
17 13 five=year staggered terms beginning and ending as provided by
17 14 section 69.19. A member may be reappointed for one additional
17 15 term.
17 16 3. Members of the commission shall be chosen on the basis
17 17 of managerial ability and experience as business executives.
17 18 Not more than two members of the commission may be the holder
17 19 of or have an interest in a permit or license to manufacture
17 20 alcoholic liquor, wine, or beer or to sell alcoholic liquor,
17 21 wine, or beer at wholesale or retail.
17 22 4. Any commission member shall be subject to removal for any
17 23 of the causes and in the manner provided by chapter 66 relating
17 24 to removal from office. Removal shall not be in lieu of any
17 25 other punishment that may be prescribed by the laws of this
17 26 state.
17 27 5. Any vacancy on the commission shall be filled in the
17 28 same manner as regular appointments are made for the unexpired
17 29 portion of the regular term.
17 30 Sec. 40. Section 123.11, Code 2015, is amended to read as
17 31 follows:
17 32 123.11 Expenses Compensation and expenses.
17 33 Members of the commission, the administrator, and other
17 34 employees of the division shall be allowed their actual and
17 35 necessary expenses while traveling on business of the division
18 1 outside of their place of residence, however, an itemized
18 2 account of such expenses shall be verified by the claimant
18 3 and approved by the administrator. If such account is paid,
18 4 the same shall be filed with the division and be and remain
18 5 a part of its permanent records. Each member appointed to
18 6 the commission is entitled to receive reimbursement of actual
18 7 expenses incurred while attending meetings. Each member of
18 8 the commission may also be eligible to receive compensation
18 9 as provided in section 7E.6. All expenses and salaries of
18 10 commission members, the administrator, and other employees
18 11 shall be paid from appropriations for such purposes and the
18 12 division shall be subject to the budget requirements of chapter
18 13 8.
18 14 Sec. 41. Section 123.17, Code 2015, is amended to read as
18 15 follows:
18 16 123.17 Prohibition Prohibitions on commission members and
18 17 employees.
18 18 1. Commission members, officers, and employees of the
18 19 division shall not, while holding such office or position, hold
18 20 do any of the following:
18 21 a. Hold any other office or position under the laws of this
18 22 state, or any other state or territory or of the United States;
18 23 nor engage.
18 24 b. Engage in any occupation, business, endeavor, or activity
18 25 which would or does conflict with their duties under this
18 26 chapter; nor, directly.
18 27 c. Directly or indirectly, use their office or employment
18 28 to influence, persuade, or induce any other officer, employee,
18 29 or person to adopt their political views or to favor any
18 30 particular candidate for an elective or appointive public
18 31 office; nor, directly.
18 32 d. Directly or indirectly, solicit or accept, in any manner
18 33 or way, any money or other thing of value for any person
18 34 seeking an elective or appointive public office, or to any
18 35 political party or any group of persons seeking to become a
19 1 political party.
19 2 2. Except as provided in section 123.5, subsection 3, a
19 3 commission member or division employee shall not, directly or
19 4 indirectly, individually, or as a member of a partnership or
19 5 shareholder in a corporation, have any interest in dealing
19 6 in or in the manufacture of alcoholic liquor, wine, or beer,
19 7 and shall not receive any kind of profit nor have any interest
19 8 in the purchase or sale of alcoholic liquor, wine, or beer
19 9 by persons so authorized under this chapter. However, this
19 10 subsection does not prohibit any member or employee from
19 11 lawfully purchasing and keeping alcoholic liquor, wine, or beer
19 12 in the member's or employee's possession for personal use.
19 13 3. Any officer or employee violating this section or any
19 14 other provisions of this chapter shall, in addition to any
19 15 other penalties provided by law, be subject to suspension or
19 16 discharge from employment. Any commission member shall, in
19 17 addition to any other penalties provided by law, be subject to
19 18 removal from office as provided by law chapter 66.
19 19 Sec. 42. Section 123.45, Code 2015, is amended to read as
19 20 follows:
19 21 123.45 Limitations on business interests.
19 22 Except as provided in section 123.6, a commission member
19 23 or division employee shall not, directly or indirectly,
19 24 individually, or as a member of a partnership or shareholder
19 25 in a corporation, have any interest in dealing in or in the
19 26 manufacture of alcoholic liquor, wine, or beer, and shall
19 27 not receive any kind of profit nor have any interest in the
19 28 purchase or sale of alcoholic liquor, wine, or beer by persons
19 29 so authorized under this chapter. However, this provision does
19 30 not prohibit any member or employee from lawfully purchasing
19 31 and keeping alcoholic liquor, wine, or beer in the member's or
19 32 employee's possession for personal use.
19 33 1. A person engaged in the business of manufacturing,
19 34 bottling, or wholesaling alcoholic beverages, wine, or beer, or
19 35 any jobber, representative, broker, employee, or agent of such
20 1 a person, shall not directly do any of the following:
20 2 a. Directly or indirectly supply, furnish, give, or pay for
20 3 any furnishings, fixtures, or equipment used in the storage,
20 4 handling, serving, or dispensing of alcoholic beverages, wine,
20 5 beer, or food within the place of business of a licensee or
20 6 permittee authorized under this chapter to sell at retail; nor
20 7 shall the person directly.
20 8 b. Directly or indirectly extend any credit for alcoholic
20 9 beverages or beer or pay for any such license or permit, nor
20 10 directly.
20 11 c. Directly or indirectly be interested in the ownership,
20 12 conduct, or operation of the business of another licensee or
20 13 permittee authorized under this chapter to sell at retail, nor
20 14 hold.
20 15 d. Hold a retail liquor control license or retail wine or
20 16 beer permit.
20 17 2. However, a person engaged in the wholesaling of beer or
20 18 wine may sell only disposable glassware, which is constructed
20 19 of paper, paper laminated, or plastic materials and designed
20 20 primarily for personal consumption on a one=time usage
20 21 basis, to retailers for use within the premises of licensed
20 22 establishments, for an amount which is greater than or equal
20 23 to an amount which represents the greater of either the amount
20 24 paid for the disposable glassware by the supplier or the amount
20 25 paid for the disposable glassware by the wholesaler. Also, a
20 26 person engaged in the business of manufacturing beer may sell
20 27 beer at retail for consumption on or off the premises of the
20 28 manufacturing facility and, notwithstanding any other provision
20 29 of this chapter or the fact that a person is the holder of a
20 30 class "A" beer permit, may be granted not more than one class
20 31 "B" beer permit as defined in section 123.124 for that purpose.
20 32 3. A licensee or permittee who permits or assents to or is a
20 33 party in any way to a violation or infringement of this section
20 34 is guilty of a violation of this section.
20 35 Sec. 43. Section 123.70, Code 2015, is amended to read as
21 1 follows:
21 2 123.70 Injunction against bootlegger.
21 3 A bootlegger as defined in this chapter section 123.59 may
21 4 be restrained by injunction from doing or continuing to do any
21 5 of the acts prohibited herein, and all the proceedings for
21 6 injunctions, temporary and permanent, and for punishments for
21 7 violation of the same as prescribed herein, shall be applicable
21 8 to such person, and the fact that an offender has no known or
21 9 permanent place of business, or base of supplies, or quits the
21 10 business after the commencement of an action, shall not prevent
21 11 a temporary or permanent injunction, as the case may be, from
21 12 issuing.
21 13 Sec. 44. Section 123.83, Code 2015, is amended to read as
21 14 follows:
21 15 123.83 Method of trial.
21 16 The trial of an action filed pursuant to section 123.82 shall
21 17 be to the court and as in equity, and be governed by the same
21 18 rules of evidence as contempt proceedings.
21 19 Sec. 45. Section 123.84, Code 2015, is amended to read as
21 20 follows:
21 21 123.84 Judgment.
21 22 If the court after a hearing in an action filed pursuant to
21 23 section 123.82 finds a liquor, wine, or beer nuisance has been
21 24 maintained on the premises covered by the abatement bond and
21 25 that liquor, wine, or beer has been sold or kept for sale on the
21 26 premises contrary to law within one year from the date of the
21 27 giving of the bond, then the court shall order the forfeiture
21 28 of the bond and enter judgment for the full amount of the bond
21 29 against the principal and sureties on the bond, and the. The
21 30 lien on the real estate created pursuant to section 123.79
21 31 shall be decreed foreclosed and the court shall provide for a
21 32 special and general execution for the enforcement of the decree
21 33 and judgment.
21 34 Sec. 46. Section 123.85, Code 2015, is amended to read as
21 35 follows:
22 1 123.85 Appeal.
22 2 Appeal from a judgment and decree entered pursuant to
22 3 section 123.84 may be taken as in equity cases and the cause be
22 4 triable de novo except that if the state appeals it need not
22 5 file an appeal or supersedeas bond.
22 6 Sec. 47. Section 123.88, Code 2015, is amended to read as
22 7 follows:
22 8 123.88 Evidence.
22 9 On the issue whether a party knew or ought to have known of
22 10 such a nuisance described under section 123.60, evidence of the
22 11 general reputation of the place shall be admissible.
22 12 Sec. 48. Section 123.122, Code 2015, is amended to read as
22 13 follows:
22 14 123.122 Permit or license required.
22 15 A person shall not manufacture for sale or sell beer at
22 16 wholesale or retail unless a permit is first obtained as
22 17 provided in this division subchapter or, a liquor control
22 18 license authorizing the retail sale of beer is first obtained
22 19 as provided in division I of this chapter. A liquor control
22 20 license holder is not required to hold a separate class "B"
22 21 beer permit.
22 22 Sec. 49. Section 123.123, Code 2015, is amended to read as
22 23 follows:
22 24 123.123 Effect on liquor control licensees.
22 25 All applicable provisions of this division subchapter
22 26 relating to class "B" beer permits shall apply to liquor
22 27 control licensees in the purchasing, storage, handling,
22 28 serving, and sale of beer.
22 29 Sec. 50. Section 123.143, subsection 2, Code 2015, is
22 30 amended to read as follows:
22 31 2. All permit fees and taxes collected by the division under
22 32 this division subchapter shall accrue to the state general
22 33 fund, except as otherwise provided.
22 34 Sec. 51. Section 123.171, Code 2015, is amended to read as
22 35 follows:
23 1 123.171 Wine certificate, permit, or license required.
23 2 A person shall not cause the manufacture, importation,
23 3 or sale of wine in this state unless a certificate or
23 4 permit as provided in this division subchapter, or a liquor
23 5 control license as provided in division subchapter I of this
23 6 chapter, is first obtained which authorizes that manufacture,
23 7 importation, or sale.
23 8 Sec. 52. Section 123.172, Code 2015, is amended to read as
23 9 follows:
23 10 123.172 Effect on liquor control licensees.
23 11 All applicable provisions of this division subchapter
23 12 relating to class "B" wine permits apply to liquor control
23 13 licensees in the purchasing, storage, handling, serving and
23 14 sale of wine.
23 15 Sec. 53. Section 124.401, subsection 5, unnumbered
23 16 paragraph 3, Code 2015, is amended by striking the section.
23 17 Sec. 54. Section 124D.4, subsection 6, Code 2015, is amended
23 18 to read as follows:
23 19 6. Card issuance ==== department of transportation. The
23 20 department may enter into a chapter 28E agreement with the
23 21 department of transportation to facilitate the issuance of a
23 22 cannabidiol registration card cards pursuant to subsections 1
23 23 and 3.
23 24 Sec. 55. Section 135.173A, subsections 1, 3, and 8, Code
23 25 2015, are amended to read as follows:
23 26 1. The early childhood Iowa council stakeholders alliance
23 27 shall establish a state child care advisory committee as part
23 28 of the council stakeholders alliance. The advisory committee
23 29 shall advise and make recommendations to the governor, general
23 30 assembly, department of human services, and other state
23 31 agencies concerning child care.
23 32 3. Except as otherwise provided, the voting members of
23 33 the advisory committee shall be appointed by the council
23 34 stakeholders alliance from a list of names submitted by a
23 35 nominating committee to consist of one member of the advisory
24 1 committee, one member of the department of human services'
24 2 child care staff, three consumers of child care, and one member
24 3 of a professional child care organization. Two names shall be
24 4 submitted for each appointment. The voting members shall be
24 5 appointed for terms of three years.
24 6 8. The advisory committee shall coordinate with the early
24 7 childhood Iowa council stakeholders alliance its reporting
24 8 annually in December to the governor and general assembly
24 9 concerning the status of child care in the state, providing
24 10 findings, and making recommendations. The annual report may
24 11 be personally presented to the general assembly's standing
24 12 committees on human resources by a representative of the
24 13 advisory committee.
24 14 Sec. 56. Section 135.173A, subsection 4, paragraphs n and q,
24 15 Code 2015, are amended to read as follows:
24 16 n. One designee of the community empowerment early childhood
24 17 office of the department of management.
24 18 q. One person who represents the early childhood Iowa
24 19 council stakeholders alliance.
24 20 Sec. 57. Section 135.173A, subsection 6, paragraph j, Code
24 21 2015, is amended to read as follows:
24 22 j. Advise and assist the early childhood Iowa council
24 23 stakeholders alliance in developing the strategic plan required
24 24 pursuant to section 135.173 256I.4, subsection 4.
24 25 Sec. 58. Section 135C.33, subsection 2, paragraph b,
24 26 subparagraph (1), Code 2015, is amended to read as follows:
24 27 (1) If a person being considered for employment, other than
24 28 employment involving the operation of a motor vehicle, has
24 29 been convicted of a crime listed in subparagraph (2) but does
24 30 not have a record of founded child or dependent adult abuse
24 31 and the licensee has requested an evaluation in accordance
24 32 with paragraph "a" to determine whether the crime warrants
24 33 prohibition of the person's employment, the licensee may employ
24 34 the person for not more than sixty calendar days pending
24 35 completion of the evaluation.
25 1 Sec. 59. Section 144.43, Code 2015, is amended to read as
25 2 follows:
25 3 144.43 Vital records closed to inspection ==== exceptions.
25 4 1. To protect the integrity of vital statistics records, to
25 5 ensure their proper use, and to ensure the efficient and proper
25 6 administration of the vital statistics system kept by the state
25 7 registrar, access to vital statistics records kept by the state
25 8 registrar shall be limited to the state registrar and the
25 9 state registrar's employees, and then only for administrative
25 10 purposes.
25 11 2. a. It shall be unlawful for the state registrar to
25 12 permit inspection of, or to disclose information contained in
25 13 vital statistics records, or to copy or permit to be copied all
25 14 or part of any such record except as authorized by regulation
25 15 rule.
25 16 b. 3. However, the following vital statistics records may
25 17 be inspected and copied as of right under chapter 22 when they
25 18 are in the custody of a county registrar or when they are in the
25 19 custody of the state archivist and are at least seventy=five
25 20 years old:
25 21 (1) a. A record of birth.
25 22 (2) b. A record of marriage.
25 23 (3) c. A record of divorce, dissolution of marriage, or
25 24 annulment of marriage.
25 25 (4) d. A record of death if that death was not a fetal
25 26 death.
25 27 3. 4. A public record shall not be withheld from the
25 28 public because it is combined with data processing software.
25 29 The state registrar shall not implement any electronic data
25 30 processing system for the storage, manipulation, or retrieval
25 31 of vital records that would impair a county registrar's ability
25 32 to permit the examination of a public record and the copying of
25 33 a public record, as established by rule. If it is necessary to
25 34 separate a public record from data processing software in order
25 35 to permit the examination of the public record, the county
26 1 registrar shall periodically generate a written log available
26 2 for public inspection which contains the public record.
26 3 Sec. 60. Section 147.1, unnumbered paragraph 1, Code 2015,
26 4 is amended to read as follows:
26 5 For the purpose of this and the following chapters of this
26 6 subtitle:
26 7 Sec. 61. Section 147.86, Code 2015, is amended to read as
26 8 follows:
26 9 147.86 Penalties.
26 10 Any person violating any provision of this or the following
26 11 chapters of this subtitle, except insofar as the provisions
26 12 apply or relate to or affect the practice of pharmacy, or where
26 13 a specific penalty is otherwise provided, shall be guilty of
26 14 a serious misdemeanor.
26 15 Sec. 62. Section 157.1, subsection 27, Code 2015, is amended
26 16 to read as follows:
26 17 27. "School of cosmetology arts and sciences" means an
26 18 establishment licensed operated for the purpose of teaching
26 19 cosmetology arts and sciences.
26 20 Sec. 63. Section 159.1, subsections 1, 2, and 4, Code 2015,
26 21 are amended by striking the subsections.
26 22 Sec. 64. Section 172A.10, subsection 1, Code 2015, is
26 23 amended to read as follows:
26 24 1. If any person who is required by this chapter to be
26 25 licensed fails to obtain the required license, or if any person
26 26 who is required by this chapter to maintain proof of financial
26 27 responsibility fails to obtain or maintain such proof, or
26 28 if any licensee fails to discontinue engaging in licensed
26 29 activities when that person's license has been suspended, such
26 30 failure shall be deemed a nuisance and the secretary may bring
26 31 an action on behalf of the state to enjoin such nuisance. Such
26 32 actions may be heard on not less than five days' notice to the
26 33 person whose activities are sought to be enjoined. The failure
26 34 to obtain a license when required, or the failure to obtain or
26 35 maintain proof of financial responsibility shall constitute a
27 1 violation of this chapter.
27 2 Sec. 65. Section 197.1, Code 2015, is amended to read as
27 3 follows:
27 4 197.1 License.
27 5 1. Every person, partnership, or corporation engaged in
27 6 the business of buying for the market, poultry or domestic
27 7 fowls for the market from the producer thereof, shall obtain
27 8 a license from the department for each establishment at which
27 9 said business is conducted.
27 10 2. The word "producer" as herein used in this chapter shall
27 11 include anyone not a licensed dealer who has acquired such
27 12 poultry or domestic fowls other than through a licensed dealer.
27 13 Sec. 66. Section 198.7, subsection 1, paragraph f, Code
27 14 2015, is amended to read as follows:
27 15 f. If it is, or it bears or contains a new animal drug which
27 16 is unsafe within the meaning of the federal Food, Drug, and
27 17 Cosmetic Act, 21 U.S.C. {801 {360b et seq.
27 18 Sec. 67. Section 206.24, unnumbered paragraph 1, Code 2015,
27 19 is amended to read as follows:
27 20 A program of education and demonstration in the area of
27 21 the agricultural use of fertilizers and pesticides shall be
27 22 initiated by the secretary of agriculture on July 1, 1987.
27 23 The secretary shall coordinate the activities of the state
27 24 regarding this program.
27 25 Sec. 68. Section 206.32, subsection 1, Code 2015, is amended
27 26 to read as follows:
27 27 1. A person shall not offer for sale, sell, purchase, apply,
27 28 or use chlordane in this state, on or after January 1, 1989.
27 29 Sec. 69. Section 215.23, Code 2015, is amended to read as
27 30 follows:
27 31 215.23 Servicer's license.
27 32 A servicer shall not install, service, or repair a
27 33 commercial weighing or and measuring device until the
27 34 servicer has demonstrated that the servicer has available
27 35 adequate testing equipment, and that the servicer possesses
28 1 a working knowledge of all devices the servicer intends to
28 2 install or repair and of all appropriate weights, measures,
28 3 statutes, and rules, as evidenced by passing a qualifying
28 4 examination to be conducted by the department and obtaining
28 5 a license. The secretary of agriculture shall establish by
28 6 rule pursuant to chapter 17A, requirements for and contents
28 7 of the examination. In determining these qualifications, the
28 8 secretary shall consider the specifications of the United
28 9 States national institute of standards and technology, handbook
28 10 44, "Specifications, tolerances, and technical requirements
28 11 for commercial weighing and measuring devices", or the current
28 12 successor or equivalent specifications adopted by the United
28 13 States national institute of standards and technology. The
28 14 secretary shall require an annual license fee of not more than
28 15 five dollars for each license. Each license shall expire one
28 16 year from date of issuance.
28 17 Sec. 70. Section 215.24, Code 2015, is amended to read as
28 18 follows:
28 19 215.24 Rules.
28 20 The department of agriculture and land stewardship may
28 21 promulgate adopt rules pursuant to chapter 17A as necessary
28 22 to promptly and effectively enforce the provisions of this
28 23 chapter.
28 24 Sec. 71. Section 218.95, subsection 1, Code 2015, is amended
28 25 to read as follows:
28 26 1. For purposes of construing the provisions of this and the
28 27 following subtitles of this title and chapters 16, 35B, 347B,
28 28 709A, 904, 913, and 914 relating to persons with mental illness
28 29 and reconciling these provisions with other former and present
28 30 provisions of statute, the following terms shall be considered
28 31 synonymous:
28 32 a. "Mentally ill" and "insane", except that the
28 33 hospitalization or detention of any person for treatment
28 34 of mental illness shall not constitute a finding or create
28 35 a presumption that the individual is legally insane in the
29 1 absence of a finding of incompetence made pursuant to section
29 2 229.27.
29 3 b. "Parole" and "convalescent leave".
29 4 c. "Resident" and "patient".
29 5 d. "Escape" and "depart without proper authorization".
29 6 e. "Warrant" and "order of admission".
29 7 f. "Escapee" and "patient".
29 8 g. "Sane" and "in good mental health".
29 9 h. "Asylum" and "hospital".
29 10 i. "Commitment" and "admission".
29 11 Sec. 72. Section 229.26, Code 2015, is amended to read as
29 12 follows:
29 13 229.26 Exclusive procedure for involuntary hospitalization.
29 14 Sections 229.6 through 229.19 constitute the exclusive
29 15 procedure for involuntary hospitalization of persons by reason
29 16 of serious mental impairment in this state, except that this
29 17 chapter does not negate the provisions of section 904.503
29 18 relating to transfer of prisoners with mental illness to state
29 19 hospitals for persons with mental illness and does not apply
29 20 to commitments of persons under chapter 812 or the rules of
29 21 criminal procedure, Iowa court rules, or negate the provisions
29 22 of section 232.51 relating to disposition of children with
29 23 mental illness or an intellectual disability.
29 24 Sec. 73. Section 230.11, Code 2015, is amended to read as
29 25 follows:
29 26 230.11 Recovery of costs from state.
29 27 Costs and expenses attending the taking into custody,
29 28 care, and investigation of a person who has been admitted
29 29 or committed to a state hospital, United States department
29 30 of veterans affairs hospital, or other agency of the United
29 31 States government, for persons with mental illness and who
29 32 has no residence in this state or whose residence is unknown,
29 33 including cost of commitment, if any, shall be paid as a state
29 34 case as approved by the administrator. The amount of the costs
29 35 and expenses approved by the administrator is appropriated
30 1 to the department from any money in the state treasury
30 2 not otherwise appropriated. Payment shall be made by the
30 3 department on itemized vouchers executed by the auditor of the
30 4 county which has paid them, and approved by the administrator.
30 5 Sec. 74. Section 231D.16, subsection 1, Code 2015, is
30 6 amended to read as follows:
30 7 1. Adult day services programs that are serving at least
30 8 two but not more than five persons and that are not voluntarily
30 9 accredited by a recognized accrediting entity prior to July 1,
30 10 2003, shall comply with this chapter by June 30, 2005.
30 11 Sec. 75. Section 231E.13, Code 2015, is amended to read as
30 12 follows:
30 13 231E.13 Implementation.
30 14 Implementation of this chapter is subject to availability of
30 15 funding as determined by the department. The department shall
30 16 notify the Code editor upon implementation of this chapter.
30 17 Sec. 76. Section 232.46, subsection 1, paragraph a,
30 18 subparagraph (3), Code 2015, is amended to read as follows:
30 19 (3) The performance of a work assignment of value to the
30 20 state or to the public making restitution consisting of a
30 21 monetary payment to the victim or a work assignment directly
30 22 of value to the victim.
30 23 Sec. 77. Section 232.46, subsection 1, paragraph a, Code
30 24 2015, is amended by adding the following new subparagraph:
30 25 NEW SUBPARAGRAPH. (3A) Making restitution consisting of a
30 26 monetary payment to the victim or a work assignment directly
30 27 of value to the victim.
30 28 Sec. 78. Section 232.125, subsection 4, Code 2015, is
30 29 amended to read as follows:
30 30 4. The petition shall state all of the following:
30 31 a. The names and residences of the child., and
30 32 b. The names and residences of the child's living parents,
30 33 guardian, custodian, and guardian ad litem, if any. and the
30 34 c. The age of the child.
30 35 Sec. 79. Section 232.178, subsections 3 and 4, Code 2015,
31 1 are amended to read as follows:
31 2 3. The petition shall state all of the following:
31 3 a. The names and residence of the child. and the
31 4 b. The names and residence of the child's living parents,
31 5 guardian, custodian, and guardian ad litem, if any., and the
31 6 c. The age of the child.
31 7 4. The petition shall describe the all of the following:
31 8 a. The child's emotional, physical, or intellectual
31 9 disability which requires care and treatment.; the
31 10 b. The reasonable efforts to maintain the child in the
31 11 child's home.; the
31 12 c. The department's request to the family of a child with
31 13 an intellectual disability, other developmental disability, or
31 14 organic mental illness to determine if any services or support
31 15 provided to the family will enable the family to continue to
31 16 care for the child in the child's home.; and the
31 17 d. The reason the child's parent, guardian, or custodian has
31 18 requested a foster family care placement.
31 19 e. The petition shall also describe the commitment
31 20 of the parent, guardian, or custodian in fulfilling the
31 21 responsibilities defined in the case permanency plan. and how
31 22 f. How the placement will serve the child's best interests.
31 23 Sec. 80. Section 235B.4, Code 2015, is amended to read as
31 24 follows:
31 25 235B.4 Legislative findings and purposes.
31 26 1. The general assembly finds and declares that a
31 27 central registry is required to provide a single source for
31 28 the statewide collection, maintenance, and dissemination
31 29 of dependent adult abuse information. Such a registry is
31 30 imperative for increased effectiveness in dealing with the
31 31 problem of dependent adult abuse. The general assembly also
31 32 finds that vigorous protection of rights of individual privacy
31 33 is an indispensable element of a fair and effective system of
31 34 collecting, maintaining, and disseminating dependent adult
31 35 abuse information.
32 1 2. The purposes of this section and sections 235B.5 to
32 2 through 235B.13 are to facilitate the identification of
32 3 victims or potential victims of dependent adult abuse by making
32 4 available a single, statewide source of dependent adult abuse
32 5 data; to facilitate research on dependent adult abuse by making
32 6 available a single, statewide source of dependent adult abuse
32 7 data; and to provide maximum safeguards against the unwarranted
32 8 invasions of privacy which such a registry might otherwise
32 9 entail.
32 10 Sec. 81. Section 235F.1, subsection 12, Code 2015, is
32 11 amended to read as follows:
32 12 12. "Present danger of elder abuse" means a situation in
32 13 which the defendant has recently threatened the vulnerable
32 14 elder with initial or additional elder abuse, or the potential
32 15 exists for misappropriation, misuse, or removal of the funds,
32 16 benefits, property, resources, belongings, or assets of the
32 17 vulnerable elder combined with reasonable grounds to believe
32 18 that elder abuse is likely to occur.
32 19 Sec. 82. Section 235F.5, subsection 6, unnumbered paragraph
32 20 1, Code 2015, is amended to read as follows:
32 21 The showing At the hearing, the allegation of elder abuse may
32 22 be proven as required under subsection 1 may be made by, but is
32 23 not limited to the testimony at the hearing of, from any of the
32 24 following:
32 25 Sec. 83. Section 235F.6, subsection 3, Code 2015, is amended
32 26 to read as follows:
32 27 3. The court shall not use issue an order issued under this
32 28 section to do that does any of the following:
32 29 a. To allow Allows any person other than the vulnerable
32 30 elder to assume responsibility for the funds, benefits,
32 31 property, resources, belongings, or assets of the vulnerable
32 32 elder.
32 33 b. For Grants relief that is more appropriately obtained
32 34 in a protective proceeding filed under chapter 633 including
32 35 but not limited to giving control and management of the funds,
33 1 benefits, property, resources, belongings, or assets of the
33 2 vulnerable elder to a guardian, conservator, or attorney in
33 3 fact for any purpose other than the relief granted under
33 4 subsection 2.
33 5 Sec. 84. Section 235F.8, subsection 2, Code 2015, is amended
33 6 to read as follows:
33 7 2. The plaintiff's right to relief under this chapter is not
33 8 affected by the vulnerable elder leaving the vulnerable elder's
33 9 home to avoid elder abuse.
33 10 Sec. 85. Section 237A.30, subsection 1, Code 2015, is
33 11 amended to read as follows:
33 12 1. The department shall work with the community empowerment
33 13 office of early childhood Iowa office in the department of
33 14 management established in section 28.3 256I.5 and the state
33 15 child care advisory committee in designing and implementing a
33 16 voluntary quality rating system for each provider type of child
33 17 care facility.
33 18 Sec. 86. Section 256.2, Code 2015, is amended by adding the
33 19 following new subsection:
33 20 NEW SUBSECTION. 5. "Telecommunications" means narrowcast
33 21 communications through systems that are directed toward
33 22 a narrowly defined audience and includes interactive live
33 23 communications. "Telecommunications" does not include online
33 24 learning.
33 25 Sec. 87. Section 256.7, subsection 7, paragraph d, Code
33 26 2015, is amended by striking the paragraph.
33 27 Sec. 88. Section 256B.2, subsection 1, paragraph a, Code
33 28 2015, is amended to read as follows:
33 29 a. "Children requiring special education" means persons under
33 30 twenty=one years of age, including children under five years of
33 31 age, who have a disability in obtaining an education because
33 32 of a head injury, autism, behavioral disorder, or physical,
33 33 mental, communication, or learning disability, as defined by
33 34 the rules of the department of education. If a child requiring
33 35 special education reaches "Children requiring special education"
34 1 includes children receiving special education services, who
34 2 reach the age of twenty=one during an academic year, the child
34 3 may and who elect to receive special education services until
34 4 the end of the academic year.
34 5 Sec. 89. Section 256F.2, subsection 2, Code 2015, is amended
34 6 by striking the subsection.
34 7 Sec. 90. Section 260C.58, subsection 2, Code 2015, is
34 8 amended to read as follows:
34 9 2. a. All bonds or notes issued under the provisions of
34 10 this subchapter shall be payable from and shall be secured by
34 11 an irrevocable first lien pledge of a sufficient portion of any
34 12 of the following: the
34 13 (1) The net rents, profits, and income derived from the
34 14 operation of residence halls, dormitories, dining or other
34 15 incidental facilities and additions, including necessary real
34 16 and personal property, acquired or improved in whole or in part
34 17 with the proceeds of such bonds or notes, regardless of the
34 18 manner of such acquisition or improvement. ; and the
34 19 (2) The net rents, profits, and income not pledged for other
34 20 purposes derived from the operation of any other residence
34 21 halls or dormitories, including dining or other incidental
34 22 facilities and additions, at the particular institution.
34 23 b. In addition, the board may secure any bonds or notes
34 24 issued by borrowing money, by mortgaging any real estate or
34 25 improvements erected on real estate, or by pledging rents,
34 26 profits, and income received from property for the discharge
34 27 of mortgages. All bonds or notes issued under the provisions
34 28 of this subchapter shall have all the qualities of negotiable
34 29 instruments under the laws of this state.
34 30 Sec. 91. Section 262.44, subsection 1, Code 2015, is amended
34 31 to read as follows:
34 32 1. Set aside and use portions of the respective campuses
34 33 of the institutions of higher education under its control,
34 34 namely, the state university of Iowa, the Iowa state university
34 35 of science and technology, and the university of northern
35 1 Iowa, as the board determines are suitable for the acquisition
35 2 or construction of self=liquidating and revenue producing
35 3 buildings and facilities which the board deems necessary for
35 4 the students and suitable for the purposes for which the
35 5 institutions were established including without limitation:
35 6 a. Student unions, recreational buildings, auditoriums,
35 7 stadiums, field houses, and athletic buildings and areas.,
35 8 parking
35 9 b. Parking structures and areas., electric
35 10 c. Electric, heating, sewage treatment, and communication
35 11 utilities., research
35 12 d. Research equipment. and additions
35 13 e. Additions to or alterations of existing buildings or
35 14 structures.
35 15 Sec. 92. Section 262.49, Code 2015, is amended to read as
35 16 follows:
35 17 262.49 No obligation against state.
35 18 No obligation created hereunder shall ever be or become
35 19 a charge against the state of Iowa but all such obligations,
35 20 including principal and interest, shall be payable solely from
35 21 any of the following:
35 22 1. From the The net rents, profits, and income arising from
35 23 the property so pledged or mortgaged,.
35 24 2. From the The net rents, profits, and income which has
35 25 not been pledged for other purposes arising from any similar
35 26 building, facility, area or improvement under the control and
35 27 management of said board,.
35 28 3. From the The fees or charges established by said
35 29 board for students attending the institution for the use or
35 30 availability of the building, structure, area, facility or
35 31 improvement for which the obligation was incurred, or.
35 32 4. From the The income derived from gifts and bequests made
35 33 to the institutions under the control of said board for such
35 34 purposes.
35 35 Sec. 93. Section 262.57, subsection 2, Code 2015, is amended
36 1 to read as follows:
36 2 2. All bonds or notes issued under the provision provisions
36 3 of this subchapter shall be payable solely and only from and
36 4 shall be secured by an irrevocable pledge of a sufficient
36 5 portion of the net rents, profits and income derived from the
36 6 operation of residence halls, dormitories, dining or other
36 7 incidental facilities and additions, including necessary real
36 8 and personal property, acquired or improved in whole or in part
36 9 with the proceeds of such bonds or notes, regardless of the
36 10 manner of such acquisition or improvement, and the net rents,
36 11 profits and income not pledged for other purposes derived from
36 12 the operation of any other residence halls or dormitories,
36 13 including dining or other incidental facilities and additions,
36 14 at the particular institution. All bonds or notes issued under
36 15 the provisions of this subchapter shall have all the qualities
36 16 of negotiable instruments under the laws of this state.
36 17 Sec. 94. Section 262A.2, subsection 7, Code 2015, is amended
36 18 to read as follows:
36 19 7. "Student fees and charges" shall mean all tuitions, fees
36 20 and charges for general or special purposes levied against
36 21 and collected from students attending the institutions except
36 22 rates, fees, rentals or charges imposed and collected under any
36 23 of the following provisions of (a)sections:
36 24 a. Sections 262.35 through 262.42., (b)sections
36 25 b. Sections 262.44 through 262.53., and (c)sections
36 26 c. Sections 262.55 through 262.66.
36 27 Sec. 95. Section 263.8, Code 2015, is amended to read as
36 28 follows:
36 29 263.8 Reports ==== tests.
36 30 1. Charges may be assessed for transportation of specimens
36 31 and cost of examination. Reports of epidemiological
36 32 examinations and investigations shall be sent to the
36 33 responsible agency.
36 34 2. In addition to its regular work, the state hygienic
36 35 laboratory shall perform without charge all bacteriological,
37 1 serological, and epidemiological examinations and
37 2 investigations which may be required by the Iowa department of
37 3 public health and said the department shall establish adopt
37 4 rules pursuant to chapter 17A therefor. The laboratory shall
37 5 also provide, those laboratory, scientific field measurement,
37 6 and environmental quality services which, by contract, are
37 7 requested by the other agencies of government.
37 8 3. The state hygienic laboratory is authorized to perform
37 9 such other laboratory determinations as may be requested by
37 10 any state institution, citizen, school, municipality or local
37 11 board of health, and the laboratory is authorized to charge
37 12 fees covering transportation of samples and the costs of
37 13 examinations performed upon their request.
37 14 Sec. 96. Section 303.4, subsection 1, paragraph b, Code
37 15 2015, is amended to read as follows:
37 16 b. The governor shall appoint one member from each of the
37 17 state's congressional districts established under section 40.1.
37 18 Sec. 97. Section 321.19, Code 2015, is amended to read as
37 19 follows:
37 20 321.19 Exemptions ==== distinguishing plates ==== definitions of
37 21 urban transit company and regional transit system.
37 22 1.a. The following vehicles are exempted from the payment
37 23 of the registration fees imposed by this chapter, except as
37 24 provided for urban transit companies in subsection 2, but are
37 25 not exempt from the penalties provided in this chapter:
37 26 (1) All vehicles owned or leased for a period of sixty
37 27 days or more by the government and used in the transaction of
37 28 official business by the representatives of foreign governments
37 29 or by officers, boards, or departments of the government of the
37 30 United States, and by the state, counties, municipalities and
37 31 other political subdivisions of the state including vehicles
37 32 used by an urban transit company operated by a municipality or
37 33 a regional transit system, and self=propelling vehicles used
37 34 neither for the conveyance of persons for hire, pleasure, or
37 35 business nor for the transportation of freight other than those
38 1 used by an urban transit company operated by a municipality or
38 2 a regional transit system., all
38 3 (2) All fire trucks, providing they are not owned and
38 4 operated for a pecuniary profit., and authorized
38 5 (3) Authorized emergency vehicles used only in disaster
38 6 relief owned and operated by an organization not operated
38 7 for pecuniary profit, are exempted from the payment of the
38 8 registration fees imposed by this chapter, except as provided
38 9 for urban transit companies in subsection 2, but are not exempt
38 10 from the penalties provided in this chapter.
38 11 b. (1) The department shall furnish, on application, free
38 12 of charge, distinguishing plates for vehicles thus exempted,
38 13 which plates except plates on state patrol vehicles shall bear
38 14 the word "official" and the department shall keep a separate
38 15 record.
38 16 (2) Registration plates issued for state patrol vehicles,
38 17 except unmarked patrol vehicles, shall bear two red stars
38 18 on a yellow background, one before and one following the
38 19 registration number on the plate, which registration number
38 20 shall be the officer's badge number.
38 21 (3) Registration plates issued for county sheriff's patrol
38 22 vehicles shall display one seven=pointed gold star followed by
38 23 the letter "S" and the call number of the vehicle. However,
38 24 the
38 25 c. However, the director of the department of administrative
38 26 services or the director of transportation may order the
38 27 issuance of regular registration plates for any exempted
38 28 vehicle used by peace any of the following:
38 29 (1) Peace officers in the enforcement of the law., persons
38 30 (2) Persons enforcing chapter 124 and other laws relating to
38 31 controlled substances., persons
38 32 (3) Persons in the department of justice, the alcoholic
38 33 beverages division of the department of commerce, disease
38 34 investigators of the Iowa department of public health, the
38 35 department of inspections and appeals, and the department of
39 1 revenue, who are regularly assigned to conduct investigations
39 2 which cannot reasonably be conducted with a vehicle displaying
39 3 "official" state registration plates., persons
39 4 (4) Persons in the Iowa lottery authority whose regularly
39 5 assigned duties relating to security or the carrying of
39 6 lottery tickets cannot reasonably be conducted with a vehicle
39 7 displaying "official" registration plates., persons
39 8 (5) Persons in the economic development authority
39 9 who are regularly assigned duties relating to existing
39 10 industry expansion or business attraction, and mental health
39 11 professionals or health care professionals who provide off=site
39 12 or in=home medical or mental health services to clients of
39 13 publicly funded programs.
39 14 d. For purposes of sale of exempted vehicles, the exempted
39 15 governmental body, upon the sale of the exempted vehicle, may
39 16 issue for in=transit purposes a pasteboard card bearing the
39 17 words "Vehicle in Transit", the name of the official body from
39 18 which the vehicle was purchased, together with the date of the
39 19 purchase plainly marked in at least one=inch letters, and other
39 20 information required by the department. The in=transit card is
39 21 valid for use only within forty=eight hours after the purchase
39 22 date as indicated on the bill of sale which shall be carried by
39 23 the driver.
39 24 2. a. "Urban transit company" means any person, firm,
39 25 corporation, company, or municipality which operates buses
39 26 or trolley cars or both, primarily upon the streets of
39 27 cities over well=defined routes between certain termini, for
39 28 the transportation of passengers for a uniform fare, and
39 29 which accepts for passengers all who present themselves for
39 30 transportation without discrimination up to the limit of the
39 31 capacity of each vehicle. Included are street railways,
39 32 plants, equipment, property, and rights, used and useful
39 33 in the transportation of passengers. Motor carriers and
39 34 interurbans subject to the jurisdiction of the state department
39 35 of transportation, and taxicabs, are not included.
40 1 b. The department, in accordance with subsection 1,
40 2 shall furnish distinguishing plates for vehicles used by
40 3 urban transit companies operated by a municipality. No
40 4 other provision of law providing for the payment of taxes,
40 5 registration, or license fees for vehicles shall be applicable
40 6 to any bus, car, or vehicle for the transportation of
40 7 passengers owned and operated by any urban transit company.
40 8 c. Chapter 326 is not applicable to urban transit companies
40 9 or systems.
40 10 3. a. "Regional transit system" means a public transit
40 11 system serving one county or all or part of a multicounty area
40 12 whose boundaries correspond to the same boundaries as those of
40 13 the regional planning areas designated by the governor, except
40 14 as agreed upon by the department. Privately chartered bus
40 15 services and uses other than providing services that are open
40 16 and public on a shared ride basis shall not be construed to be a
40 17 regional transit system.
40 18 b. Each county board of supervisors within the region is
40 19 responsible for determining the service and funding within
40 20 its county. However, the administration and overhead support
40 21 services for the overall regional transit system shall be
40 22 consolidated into one existing or new agency to be mutually
40 23 agreed upon by the participating members. Privately chartered
40 24 bus services and uses other than providing services that are
40 25 open and public on a shared ride basis shall not be construed
40 26 to be a regional transit system.
40 27 Sec. 98. Section 321.34, subsection 20C, paragraphs a and c,
40 28 Code 2015, are amended to read as follows:
40 29 a. The department, in consultation with the adjutant
40 30 general, shall design combat infantryman badge, combat
40 31 action badge, combat action ribbon, air force combat action
40 32 medal, and combat medical badge distinguishing processed
40 33 emblems. Upon receipt of two hundred fifty orders for combat
40 34 infantryman badge, combat action badge, combat action ribbon,
40 35 air force combat action medal, or combat medical badge special
41 1 registration plates, accompanied by a start=up fee of twenty
41 2 dollars per order, the department shall begin issuing special
41 3 registration plates with the applicable distinguishing
41 4 processed emblem as provided in paragraphs "b", "c", and "d".
41 5 The minimum order requirement shall apply separately to each of
41 6 the special registration plates created under this subsection.
41 7 c. Notwithstanding subsection 12, paragraph "a", an owner
41 8 who is approved for special registration plates under this
41 9 subsection shall be issued one set of special registration
41 10 plates with a combat infantryman badge, combat action badge,
41 11 combat action ribbon, air force combat action medal, and or
41 12 combat medical badge distinguishing processed emblem at no
41 13 charge.
41 14 Sec. 99. Section 321.34, subsection 27, paragraph a, Code
41 15 2015, is amended to read as follows:
41 16 a. An owner referred to in subsection 12 who served in the
41 17 armed forces of the United States and was discharged under
41 18 honorable conditions may, upon written application to the
41 19 department and upon presentation of satisfactory proof of
41 20 military service and discharge under honorable conditions,
41 21 order special registration plates bearing a distinguishing
41 22 processed emblem depicting the word "veteran" below an image
41 23 of the American flag. The application is subject to approval
41 24 by the department. The special plate fees collected by the
41 25 director under subsection 12, paragraph "a", from the annual
41 26 validation of letter=number designated United States veteran
41 27 plates, and subsection 12, paragraph "c", from the issuance
41 28 and annual validation of personalized United States veteran
41 29 plates, shall be paid monthly to the treasurer of state and
41 30 deposited in the road use tax fund. The treasurer of state
41 31 shall transfer monthly from the statutory allocations fund
41 32 created under section 321.145, subsection 2, to the veterans
41 33 license fee fund created in section 35A.11 the amount of the
41 34 special fees collected under subsection 12, paragraph "a", in
41 35 the previous month for United States veteran plates.
42 1 Sec. 100. Section 321.59, Code 2015, is amended to read as
42 2 follows:
42 3 321.59 Issuance of certificate.
42 4 The department, upon granting any such an application made
42 5 as provided under section 321.58, shall issue to the applicant
42 6 a certificate containing the applicant's name and address and
42 7 the general distinguishing number assigned to the applicant.
42 8 Sec. 101. Section 321.154, Code 2015, is amended to read as
42 9 follows:
42 10 321.154 Reports by department.
42 11 The department, immediately upon receiving said the county
42 12 treasurer's report under section 321.153, shall also report to
42 13 the treasurer of state the amount so collected by such county
42 14 treasurer.
42 15 Sec. 102. Section 321.191, subsection 7, Code 2015, is
42 16 amended to read as follows:
42 17 7. Endorsements and removal of air brake restrictions. The
42 18 fee for a double/triple double or triple trailer endorsement,
42 19 tank vehicle endorsement, and hazardous materials endorsement
42 20 is five dollars for each endorsement. The fee for a passenger
42 21 endorsement or a school bus endorsement is ten dollars. The
42 22 fee for removal of an air brake restriction on a commercial
42 23 driver's license is ten dollars. Fees imposed under this
42 24 subsection for endorsements or removal of restrictions are
42 25 valid for the period of the license. Upon renewal of a
42 26 commercial driver's license, no fee is payable for retaining
42 27 endorsements or the removal of the air brake restriction for
42 28 those endorsements or restrictions which do not require the
42 29 taking of either a knowledge or a driving skills test for
42 30 renewal.
42 31 Sec. 103. Section 321.198, subsection 2, Code 2015, is
42 32 amended to read as follows:
42 33 2. The provisions of this section shall also apply to
42 34 the spouse and children, or ward of such military personnel
42 35 when such spouse, children, or ward are living with the above
43 1 described military personnel described in subsection 1 outside
43 2 of the state of Iowa and provided that such extension of
43 3 license does not exceed five years.
43 4 Sec. 104. Section 321.453, Code 2015, is amended to read as
43 5 follows:
43 6 321.453 Exceptions.
43 7 1. The Except as provided in sections 321.463, 321.471, and
43 8 321.474, the provisions of this chapter governing size, weight,
43 9 and load and the permit requirements of chapter 321E do not
43 10 apply to fire any of the following:
43 11 a. Fire apparatus.; road
43 12 b. Road maintenance equipment owned by, under lease to, or
43 13 used in the performance of a contract with any state or local
43 14 authority.; implements
43 15 c. Implements of husbandry when moved or moving upon a
43 16 highway that is not a portion of the interstate.; or equipment
43 17 d. Equipment used primarily for construction of permanent
43 18 conservation practices on agricultural land when moved or
43 19 moving upon a highway that is not a portion of the interstate,
43 20 so long as the equipment is without payload and the movement
43 21 does not violate posted weight limitations on bridges, except
43 22 as provided in sections 321.463, 321.471, and 321.474.
43 23 2. A vehicle that is carrying an implement of husbandry
43 24 or equipment used primarily for construction of permanent
43 25 conservation practices and is exempted from the permit
43 26 requirements under this section shall be equipped with an amber
43 27 flashing light visible from the rear. If the amber flashing
43 28 light is obstructed by the loaded implement or equipment,
43 29 the loaded implement or equipment shall also be equipped
43 30 with and display an amber flashing light. The vehicle shall
43 31 also be equipped with warning flags on that portion of the
43 32 vehicle which protrudes into oncoming traffic, and shall only
43 33 operate from thirty minutes prior to sunrise to thirty minutes
43 34 following sunset.
43 35 Sec. 105. Section 321A.39, subsection 1, Code 2015, is
44 1 amended to read as follows:
44 2 1. Whenever any dealer licensed under chapter 322 sells a
44 3 motor vehicle at retail and the transaction does not include
44 4 the sale of liability insurance coverage which will protect the
44 5 purchaser under the Iowa motor vehicle financial and safety
44 6 responsibility Act this chapter the purchase order or invoice
44 7 evidencing the transaction shall contain a statement in the
44 8 following form:
44 9 I understand that liability insurance coverage which would
44 10 protect me under the Iowa Motor Vehicle Financial and Safety
44 11 Responsibility Act, Iowa Code chapter 321A, IS NOT INCLUDED
44 12 in my purchase of the herein described motor vehicle. I have
44 13 received a copy of this statement.
44 14 ..........
44 15 (Purchaser's signature)
44 16 Sec. 106. Section 321E.11, subsection 3, Code 2015, is
44 17 amended to read as follows:
44 18 3. Except as provided in section 321.457, no movement under
44 19 permit shall be permitted on holidays, after 12:00 noon on days
44 20 preceding holidays and holiday weekends, or special events
44 21 when abnormally high traffic volumes can be expected. Such
44 22 restrictions shall not be applicable to urban transit systems
44 23 as defined in section 321.19, subsection 2 324A.1.
44 24 Sec. 107. Section 321G.4, subsection 4, Code 2015, is
44 25 amended to read as follows:
44 26 4. Notwithstanding subsections 1 and 2, a snowmobile
44 27 manufactured prior to 1984 may be registered as an antique
44 28 snowmobile for a one=time fee of twenty=five dollars, which
44 29 shall exempt the owner from annual registration and fee
44 30 requirements for that snowmobile. However, if ownership of an
44 31 antique snowmobile is transferred, the new owner shall register
44 32 the snowmobile and pay the one=time fee as required under this
44 33 subsection. A An antique snowmobile may be registered under
44 34 this section with only a signed bill of sale as evidence of
44 35 ownership.
45 1 Sec. 108. Section 331.508, subsection 5, Code 2015, is
45 2 amended to read as follows:
45 3 5. A permanent record book of the names and addresses of
45 4 persons receiving veteran assistance as provided in section
45 5 35B.10.
45 6 Sec. 109. Section 358.21, Code 2015, is amended to read as
45 7 follows:
45 8 358.21 Debt limit ==== borrowing ==== bonds ==== purposes.
45 9 1. a. Any sanitary district organized hereunder under this
45 10 chapter may borrow money for its corporate purposes, but shall
45 11 not become indebted in any manner or for any purpose to an
45 12 amount in the aggregate exceeding five percent on the value of
45 13 the taxable property within such district, to be ascertained by
45 14 the last state and county tax lists previous to the incurring
45 15 of such indebtedness. Indebtedness within this constitutional
45 16 limit shall not include the indebtedness of any other municipal
45 17 corporation located wholly or partly within the boundaries of
45 18 such sanitary district.
45 19 b. Subject only to this the debt limitation described in
45 20 paragraph "a", any such sanitary district organized hereunder
45 21 under this chapter shall have and it is hereby vested with
45 22 all of the same powers to issue bonds, including both general
45 23 obligation and revenue bonds, which cities now or may hereafter
45 24 have under the laws of this state. In the application of
45 25 such laws to this chapter, the words used in any such laws
45 26 referring to municipal corporations or to cities shall be held
45 27 to include sanitary districts organized under this chapter,
45 28 the words "council" or "city council" shall be held to include
45 29 the board of trustees of a sanitary district; the words
45 30 "mayor" and "clerk" shall be held to include the president and
45 31 clerk of any such board of trustees or sanitary district; and
45 32 like construction shall be given to any other words in such
45 33 laws where required to permit the exercise of such powers by
45 34 sanitary districts.
45 35 2. Any and all bonds issued hereunder under the provisions
46 1 of this section shall be signed by the president of the board
46 2 of trustees and attested by the clerk, with the seal of the
46 3 district, if any, affixed, and interest coupons attached
46 4 thereto shall be attested by the signature of the clerk.
46 5 3. The proceeds of any bond issue made under the provisions
46 6 of this section shall be used only for the purpose of
46 7 acquiring, locating, laying out, establishing and construction
46 8 of drainage facilities, conduits, treatment plants, pumping
46 9 plants, works, ditches, channels and outlets of such capacity
46 10 and character as may be required for the treatment, carrying
46 11 off and disposal of the sewage and industrial wastes and other
46 12 drainage incidental thereto of such district, or to repair,
46 13 change, enlarge and add to such facilities as may be necessary
46 14 or proper to meet the requirements present and future for the
46 15 purposes aforesaid. Proceeds from such bond issue may also
46 16 be used for the payment of special assessment deficiencies.
46 17 Said bonds shall be payable in not more than forty annual
46 18 installments and with interest at a rate not exceeding that
46 19 permitted by chapter 74A, and shall be made payable at such
46 20 place and be of such form as the board of trustees shall by
46 21 resolution designate. Any sanitary district issuing bonds
46 22 as authorized in this section is hereby granted authority to
46 23 pledge the future avails of a tax levy to the payment of the
46 24 principal and interest of such bonds after the same come due,
46 25 and the power to impose and certify said levy is hereby granted
46 26 to the trustees of sanitary districts organized under the
46 27 provisions of this chapter.
46 28 Sec. 110. Section 359A.6, Code 2015, is amended to read as
46 29 follows:
46 30 359A.6 Default ==== costs and fees collected.
46 31 If the erecting, rebuilding, or repairing of a fence is not
46 32 completed within thirty days from and after the time fixed
46 33 in the order, the board of township trustees acting as fence
46 34 viewers shall cause the fence to be erected, rebuilt, and
46 35 repaired, and the value thereof may be fixed by the fence
47 1 viewers, and unless. Unless the sum so fixed, together with
47 2 all fees of the fence viewers caused by such the default, is
47 3 paid to the county treasurer, within ten days after the same
47 4 full amount due is so ascertained;, or when ordered to pay for
47 5 an existing fence, and the value thereof is fixed by the fence
47 6 viewers, and said the sum, together with the fees of the fence
47 7 viewers, remains unpaid by the party in default for ten days,
47 8 the fence viewers shall certify to the county treasurer the
47 9 full amount due from the party or parties in default, including
47 10 all fees and costs assessed by the fence viewers, together
47 11 with a description of the real estate owned by the party or
47 12 parties in default along or upon which the said fence exists,
47 13 and the. The county treasurer shall enter the same full amount
47 14 due upon the county system, and the amount shall be collected
47 15 in the same manner as ordinary taxes. Upon certification to
47 16 the county treasurer, the amount assessed shall be a lien on
47 17 the parcel until paid.
47 18 Sec. 111. Section 364.24, Code 2015, is amended to read as
47 19 follows:
47 20 364.24 Traffic light synchronization.
47 21 After July 1, 1992, all All cities with more than three
47 22 traffic lights within the corporate limits shall establish a
47 23 traffic light synchronization program for energy efficiency
47 24 in accordance with rules adopted by the state department of
47 25 transportation pursuant to chapter 17A. The state department
47 26 of transportation shall adopt rules required by this section
47 27 by July 1, 1990. This section does not require that a city
47 28 replace lighting, which has not completed its useful life,
47 29 in order to comply with the requirements of this section.
47 30 However, all lighting shall be replaced, whether or not it has
47 31 completed its useful life, by July 1, 2001.
47 32 Sec. 112. Section 388.11, Code 2015, is amended to read as
47 33 follows:
47 34 388.11 Liability within two miles.
47 35 A city or city utility providing water service within two
48 1 miles of the limits of the city shall not be liable for a claim
48 2 for failure to provide or maintain fire hydrants, facilities,
48 3 or an adequate supply of water or water pressure for fire
48 4 protection purposes in the area receiving water service if such
48 5 hydrants, facilities, or water are not intended to be used for
48 6 fire protection purposes.
48 7 Sec. 113. Section 403.9, subsection 1, Code 2015, is amended
48 8 to read as follows:
48 9 1. A municipality shall have power to periodically issue
48 10 bonds in its discretion to pay the costs of carrying out the
48 11 purposes and provisions of this chapter, including but not
48 12 limited to the payment of principal and interest upon any
48 13 advances for surveys and planning, and the payment of interest
48 14 on bonds, herein authorized, not to exceed three years from
48 15 the date the bonds are issued. The municipality shall have
48 16 power to issue refunding bonds for the payment or retirement
48 17 of such bonds previously issued by it the municipality. Said
48 18 bonds shall be payable solely from the income and proceeds of
48 19 the fund and portion of taxes referred to in section 403.19,
48 20 subsection 2, and revenues and other funds of the municipality
48 21 derived from or held in connection with the undertaking and
48 22 carrying out of urban renewal projects under this chapter. The
48 23 municipality may pledge to the payment of the bonds the fund
48 24 and portion of taxes referred to in section 403.19, subsection
48 25 2, and may further secure the bonds by a pledge of any loan,
48 26 grant, or contribution from the federal government or other
48 27 source in aid of any urban renewal projects of the municipality
48 28 under this chapter, or by a mortgage of any such urban renewal
48 29 projects, or any part thereof, title which is vested in the
48 30 municipality.
48 31 Sec. 114. Section 403.15, subsection 1, Code 2015, is
48 32 amended to read as follows:
48 33 1. There is hereby created in each municipality a public
48 34 body corporate and politic to be known as the "urban renewal
48 35 agency" of the municipality: Provided, that such. An urban
49 1 renewal agency shall not transact any business or exercise its
49 2 powers hereunder until or unless the local governing body has
49 3 made the finding prescribed in section 403.4, and has elected
49 4 to have the urban renewal project powers exercised by an urban
49 5 renewal agency as provided in section 403.14.
49 6 Sec. 115. Section 404.4, Code 2015, is amended to read as
49 7 follows:
49 8 404.4 Prior approval of eligibility.
49 9 1. A person may submit a proposal for an improvement
49 10 project to the governing body of the city or county to receive
49 11 prior approval for eligibility for a tax exemption on the
49 12 project. The governing body shall, by resolution, give its
49 13 prior approval for an improvement project if the project is
49 14 in conformance with the plan for revitalization developed by
49 15 the city or county. Such prior approval shall not entitle the
49 16 owner to exemption from taxation until the improvements have
49 17 been completed and found to be qualified real estate; however,
49 18 if the proposal is not approved, the person may submit an
49 19 amended proposal for the governing body to approve or reject.
49 20 2. An application shall be filed for each new exemption
49 21 claimed. The first application for an exemption shall be
49 22 filed by the owner of the property with the governing body
49 23 of the city or county in which the property is located by
49 24 February 1 of the assessment year for which the exemption
49 25 is first claimed, but not later than the year in which all
49 26 improvements included in the project are first assessed for
49 27 taxation, or the following two assessment years, in which case
49 28 the exemption is allowed for the total number of years in the
49 29 exemption schedule. However, upon the request of the owner at
49 30 any time, the governing body of the city or county provides by
49 31 resolution that the owner may file an application by February
49 32 1 of any other assessment year selected by the governing body
49 33 in which case the exemption is allowed for the number of years
49 34 remaining in the exemption schedule selected. The application
49 35 shall contain, but not be limited to, all of the following
50 1 information:
50 2 a. The nature of the improvement., its
50 3 b. The cost, of the improvement project.
50 4 c. The estimated or actual date of completion., the
50 5 d. The tenants that occupied the owner's building on the
50 6 date the city or county adopted the resolution referred to in
50 7 section 404.2, subsection 1., and which
50 8 e. Which exemption in section 404.3 or in the different
50 9 schedule, if one has been adopted, will be elected.
50 10 3. The governing body of the city or county shall approve
50 11 the application, subject to review by the local assessor
50 12 pursuant to section 404.5, if the project is in conformance
50 13 with the plan for revitalization developed by the city or
50 14 county, is located within a designated revitalization area,
50 15 and if the improvements were made during the time the area
50 16 was so designated. The governing body of the city or county
50 17 shall forward for review all approved applications to the
50 18 appropriate local assessor by March 1 of each year with a
50 19 statement indicating whether section 404.3, subsection 1, 2,
50 20 3 or 4 applies or if a different schedule has been adopted,
50 21 which exemption from that schedule applies. Applications for
50 22 exemption for succeeding years on approved projects shall not
50 23 be required.
50 24 Sec. 116. Section 422.11D, Code 2015, is amended to read as
50 25 follows:
50 26 422.11D Historic preservation and cultural and entertainment
50 27 district tax credit.
50 28 The taxes imposed under this division, less the credits
50 29 allowed under section 422.12, shall be reduced by a historic
50 30 preservation and cultural and entertainment district tax credit
50 31 allowed under section 404A.2 chapter 404A.
50 32 Sec. 117. Section 422.11L, subsection 1, paragraph a, Code
50 33 2015, is amended to read as follows:
50 34 a. Sixty percent of the federal residential energy efficient
50 35 property credit related to solar energy provided in section
51 1 25E(a)(1) 25D(a)(1) and section 25D(a)(2) of the Internal
51 2 Revenue Code, not to exceed five thousand dollars.
51 3 Sec. 118. Section 422.33, subsection 10, Code 2015, is
51 4 amended to read as follows:
51 5 10. The taxes imposed under this division shall be reduced
51 6 by a historic preservation and cultural and entertainment
51 7 district tax credit allowed under section 404A.2 chapter 404A.
51 8 Sec. 119. Section 422.60, subsection 4, Code 2015, is
51 9 amended to read as follows:
51 10 4. The taxes imposed under this division shall be reduced by
51 11 a historic preservation and cultural and entertainment district
51 12 tax credit allowed under section 404A.2 chapter 404A.
51 13 Sec. 120. Section 423.3, subsection 26A, Code 2015, is
51 14 amended to read as follows:
51 15 26A. a. The sales price of reagents and related accessory
51 16 equipment to a regional blood testing facility if all of the
51 17 following conditions are met:
51 18 (1) a. The regional blood testing facility is registered by
51 19 the federal food and drug administration.
51 20 (2) b. The regional blood testing facility performs donor
51 21 testing for other blood centers.
51 22 (3) c. The regional blood testing facility is located in
51 23 this state on or before January 1, 2011.
51 24 b. This subsection is repealed if a regional blood testing
51 25 facility is not located in this state on or before January 1,
51 26 2011.
51 27 Sec. 121. Section 423.30, Code 2015, is amended to read as
51 28 follows:
51 29 423.30 Foreign sellers not registered under the agreement.
51 30 1. The director may, upon application, authorize the
51 31 collection of the use tax by any seller who is a retailer not
51 32 maintaining a place of business within this state and not
51 33 registered under the agreement, who, to the satisfaction of
51 34 the director, furnishes adequate security to ensure collection
51 35 and payment of the tax. Such sellers shall be issued, without
52 1 charge, permits to collect tax subject to any regulations which
52 2 the director shall prescribe. When so authorized, it shall
52 3 be the duty of foreign sellers to collect the tax upon all
52 4 tangible personal property sold, to the retailer's knowledge,
52 5 for use within this state, in the same manner and subject to
52 6 the same requirements as a retailer maintaining a place of
52 7 business within this state. The authority and permit may be
52 8 canceled when, at any time, the director considers the security
52 9 inadequate, or that tax can more effectively be collected from
52 10 the person using property in this state.
52 11 2. The discretionary power granted in this section
52 12 subsection 1 is extended to apply in the case of foreign
52 13 retailers furnishing services enumerated in section 423.2.
52 14 Sec. 122. Section 432.12A, Code 2015, is amended to read as
52 15 follows:
52 16 432.12A Historic preservation and cultural and entertainment
52 17 district tax credit.
52 18 The taxes imposed under this chapter shall be reduced by a
52 19 historic preservation and cultural and entertainment district
52 20 tax credit allowed under section 404A.2 chapter 404A.
52 21 Sec. 123. Section 445.37, subsection 1, paragraph b, Code
52 22 2015, is amended to read as follows:
52 23 b. However Notwithstanding paragraph "a", if there is a
52 24 delay in the delivery of the tax list referred to in chapter
52 25 443 to the county treasurer, the amount of ad valorem taxes
52 26 and manufactured or mobile home taxes due shall become
52 27 delinquent thirty days after the date of delivery or on the
52 28 delinquent date of the first installment, whichever date
52 29 occurs later. The delay shall not affect the due dates for
52 30 special assessments and rates or charges. The delinquent
52 31 date for special assessments and rates or charges is the
52 32 same as the first installment delinquent date for ad valorem
52 33 taxes, including any extension, in absence of a statute to the
52 34 contrary.
52 35 Sec. 124. Section 452A.3, subsection 3, Code 2015, is
53 1 amended to read as follows:
53 2 3. An excise tax of seventeen cents is imposed on each
53 3 gallon of E=85 gasoline as defined in section 214A.1, subject
53 4 to the determination provided in subsection 4.
53 5 Sec. 125. Section 452A.8, subsection 1, unnumbered
53 6 paragraph 1, Code 2015, is amended to read as follows:
53 7 For the purpose of determining the amount of the supplier's,
53 8 restrictive supplier's, or importer's tax liability, a supplier
53 9 or restrictive supplier shall file a return, not later than
53 10 the last day of the month following the month in which this
53 11 division becomes effective and not later than the last day of
53 12 each calendar month thereafter, and an importer shall file a
53 13 return semimonthly with the department, signed under penalty
53 14 for false certification. For an importer for the reporting
53 15 period from the first day of the month through the fifteenth of
53 16 the month, the return is due on the last day of the month. For
53 17 an importer for the reporting period from the sixteenth of the
53 18 month through the last day of the month, the return is due on
53 19 the fifteenth day of the following month. The returns shall
53 20 include the following:
53 21 Sec. 126. Section 452A.8, subsection 2, paragraph e,
53 22 subparagraph (2), Code 2015, is amended to read as follows:
53 23 (2) The tax for compressed natural gas, liquefied natural
53 24 gas, and liquefied petroleum gas delivered by a licensed
53 25 dealer for use in this state shall attach at the time of
53 26 the delivery and shall be collected by the dealer from the
53 27 consumer purchaser and paid to the department as provided in
53 28 this chapter. The tax, with respect to compressed natural gas,
53 29 liquefied natural gas, and liquefied petroleum gas acquired by
53 30 a consumer purchaser in any manner other than by delivery by
53 31 a licensed dealer into a fuel supply tank of a motor vehicle,
53 32 attaches at the time of the use of the fuel and shall be paid
53 33 over to the department by the consumer purchaser as provided in
53 34 this chapter.
53 35 Sec. 127. Section 452A.8, subsection 2, paragraph e,
54 1 subparagraph (3), Code 2015, is amended to read as follows:
54 2 (3) The department shall adopt rules governing the
54 3 dispensing of compressed natural gas, liquefied natural gas,
54 4 and liquefied petroleum gas by licensed dealers and licensed
54 5 users. The director may require by rule that reports and
54 6 returns be filed by electronic transmission. The department
54 7 shall require that all pumps located at dealer locations and
54 8 user locations through which liquefied petroleum gas can be
54 9 dispensed shall be metered, inspected, tested for accuracy, and
54 10 sealed and licensed by the department of agriculture and land
54 11 stewardship, and that fuel delivered into the fuel supply tank
54 12 of any motor vehicle shall be dispensed only through tested
54 13 metered pumps and may be sold without temperature correction
54 14 or corrected to a temperature of 60 degrees Fahrenheit. If
54 15 the metered gallonage is to be temperature=corrected, only a
54 16 temperature=compensated meter shall be used. Natural gas used
54 17 as fuel shall be delivered into compressing equipment through
54 18 sealed meters certified for accuracy by the department of
54 19 agriculture and land stewardship.
54 20 Sec. 128. Section 452A.8, subsection 2, paragraph e,
54 21 subparagraph (5), subparagraph division (a), Code 2015, is
54 22 amended to read as follows:
54 23 (a) For the purpose of determining the amount of liability
54 24 for fuel tax, each dealer and each user shall file with the
54 25 department not later than the last day of the month following
54 26 the month in which this division becomes effective and not
54 27 later than the last day of each calendar month thereafter
54 28 a monthly tax return certified under penalties for false
54 29 certification. The return shall show, with reference to each
54 30 location at which fuel is delivered or placed by the dealer or
54 31 user into a fuel supply tank of any motor vehicle during the
54 32 next preceding calendar month, information as required by the
54 33 department.
54 34 Sec. 129. Section 452A.62, subsection 1, paragraph a,
54 35 subparagraph (2), Code 2015, is amended to read as follows:
55 1 (2) A licensed compressed natural gas, liquefied natural
55 2 gas, or liquefied petroleum gas dealer, user, or person
55 3 supplying compressed natural gas, liquefied natural gas, or
55 4 liquefied petroleum gas to a licensed compressed natural gas,
55 5 liquefied natural gas, or liquefied petroleum gas dealer or
55 6 user.
55 7 Sec. 130. Section 452A.74, subsection 2, Code 2015, is
55 8 amended to read as follows:
55 9 2. Any delivery of compressed natural gas, liquefied
55 10 natural gas, or liquefied petroleum gas to a compressed natural
55 11 gas, liquefied natural gas, or liquefied petroleum gas dealer
55 12 or user for the purpose of evading the state tax on compressed
55 13 natural gas, liquefied natural gas, or liquefied petroleum gas,
55 14 into facilities other than those licensed above under this
55 15 chapter knowing that the fuel will be used for highway use
55 16 shall constitute a violation of this section. Any compressed
55 17 natural gas, liquefied natural gas, or liquefied petroleum
55 18 gas dealer or user for purposes of evading the state tax on
55 19 compressed natural gas, liquefied natural gas, or liquefied
55 20 petroleum gas, who allows a distributor to place compressed
55 21 natural gas, liquefied natural gas, or liquefied petroleum gas
55 22 for highway use in facilities other than those licensed above
55 23 under this chapter, shall also be deemed in violation of this
55 24 section.
55 25 Sec. 131. Section 455B.133, subsection 4, paragraph b, Code
55 26 2015, is amended by striking the paragraph.
55 27 Sec. 132. Section 455B.198, subsection 1, unnumbered
55 28 paragraph 1, Code 2015, is amended to read as follows:
55 29 The commission shall adopt rules pursuant to chapter
55 30 17A to regulate the discharge of wastewater from water well
55 31 drilling sites. The rules shall incorporate the following
55 32 considerations:
55 33 Sec. 133. Section 455B.198, subsection 4, Code 2015, is
55 34 amended by striking the subsection.
55 35 Sec. 134. Section 455D.11A, subsection 5, paragraph a, Code
56 1 2015, is amended to read as follows:
56 2 a. For a waste tire collection or processing site, the
56 3 financial assurance instrument for a waste tire collection
56 4 site shall provide coverage in an amount which is equivalent
56 5 to thirty=five cents per passenger tire equivalent collected
56 6 by the site prior to July 1, 1998. The financial assurance
56 7 instrument for a waste tire processing site shall provide
56 8 coverage in an amount which is equivalent to thirty=five cents
56 9 per passenger tire equivalent collected for processing by the
56 10 site which is above the three=day processing supply of tires
56 11 for the site as determined by the department. This paragraph
56 12 shall take effect July 1, 1999.
56 13 Sec. 135. Section 455D.11A, subsection 8, Code 2015, is
56 14 amended by striking the subsection.
56 15 Sec. 136. Section 455D.19, subsection 6, Code 2015, is
56 16 amended to read as follows:
56 17 6. a. By July 1, 1992, a A manufacturer or distributor
56 18 of packaging or packaging components shall make available
56 19 to purchasers, to the department, and to the general public
56 20 upon request, certificates of compliance which state that
56 21 the manufacturer's or distributor's packaging or packaging
56 22 components comply with, or are exempt from, the requirements of
56 23 this section.
56 24 b. If the manufacturer or distributor of the package or
56 25 packaging component reformulates or creates a new package or
56 26 packaging component, the manufacturer or distributor shall
56 27 provide an amended or new certificate of compliance for the
56 28 reformulated or new package or packaging component.
56 29 Sec. 137. Section 455E.11, subsection 2, paragraph b,
56 30 subparagraph (3), subparagraph division (b), subparagraph
56 31 subdivision (i), Code 2015, is amended to read as follows:
56 32 (i) A county applying for grants under this subparagraph
56 33 division shall submit only one application. To be eligible
56 34 for a grant, a county must have adopted standards for private
56 35 water supply and private disposal facilities at least as
57 1 stringent as the standards adopted by the commission. During
57 2 each fiscal year, the amount granted each eligible applicant
57 3 shall be the total funds available divided by the number of
57 4 eligible counties applying. Upon receipt of the grant, the
57 5 county may apply the funds to any one or more of the above three
57 6 county=based programs for the testing of private rural water
57 7 supply wells, private rural water supply well sealing, and the
57 8 proper closure of private rural abandoned wells and cisterns.
57 9 Sec. 138. Section 456A.16, Code 2015, is amended to read as
57 10 follows:
57 11 456A.16 Income tax refund checkoff for fish and game
57 12 protection fund.
57 13 1. A person who files an individual or a joint income tax
57 14 return with the department of revenue under section 422.13
57 15 may designate any amount to be paid to the state fish and
57 16 game protection fund. If the refund due on the return or the
57 17 payment remitted with the return is insufficient to pay the
57 18 additional amount designated by the taxpayer to the state
57 19 fish and game protection fund, the amount designated shall be
57 20 reduced to the remaining amount of refund or the remaining
57 21 amount remitted with the return.
57 22 2. The revenues received shall be used within the state
57 23 of Iowa for habitat development and shall be deposited in the
57 24 state fish and game protection fund. The revenue may be used
57 25 for the matching of federal funds. The revenues and matched
57 26 federal funds may be used for acquisition of land, leasing of
57 27 land or obtaining of easements from willing sellers for use of
57 28 land as wildlife habitats for game and nongame species. Not
57 29 less than fifty percent of the funds derived from the checkoff
57 30 shall be used for the purposes of preserving, protecting,
57 31 perpetuating and enhancing nongame wildlife in this state.
57 32 Nongame wildlife includes those animal species which are
57 33 endangered, threatened or not commonly pursued or killed either
57 34 for sport or profit. Notwithstanding the exemption in section
57 35 427.1, the land acquired with the revenues and matched federal
58 1 funds is subject to the full consolidated levy of property
58 2 taxes which shall be paid from those revenues. In addition
58 3 the revenues may be used for the development and enhancement
58 4 of wildlife lands and habitat areas and for research and
58 5 management necessary to qualify for federal funds.
58 6 3. The director of revenue shall draft the income tax form
58 7 to allow the designation of contributions to the state fish and
58 8 game protection fund on the tax return.
58 9 4. The department of revenue on or before January 31 of
58 10 the year following the preceding calendar year shall certify
58 11 the total amount designated on the tax return forms due in the
58 12 preceding calendar year and shall report the amount to the
58 13 state treasurer. The state treasurer shall credit the amount
58 14 to the state fish and game protection fund.
58 15 5. The general assembly shall appropriate annually from
58 16 the state fish and game protection fund the amount credited to
58 17 the fund from the checkoff to the department for the purposes
58 18 specified in this section.
58 19 6. The action taken by a person for the checkoff is
58 20 irrevocable.
58 21 7. The department shall adopt rules pursuant to chapter 17A
58 22 to implement this section. However, before a checkoff pursuant
58 23 to this section shall be permitted, all liabilities on the
58 24 books of the department of administrative services and accounts
58 25 identified as owing under section 8A.504 and the political
58 26 contribution allowed under section 68A.601 shall be satisfied.
58 27 Sec. 139. Section 456A.27, Code 2015, is amended to read as
58 28 follows:
58 29 456A.27 Federal wildlife Act ==== assent.
58 30 The state of Iowa assents to the provisions of the Act of
58 31 Congress entitled "An Act To Provide That The United States
58 32 Shall Aid The States In Wildlife Restoration Projects, And For
58 33 Other Purposes", approved September 2, 1937, 50 Stat. 917,
58 34 codified at 16 U.S.C. {669 = 669k, and the department may
58 35 perform acts as necessary to the conduct and establishment
59 1 of cooperative wildlife restoration projects, as defined in
59 2 the Act of Congress, in compliance with the Act and with
59 3 regulations promulgated by the secretary of agriculture under
59 4 the Act. No funds accruing to the state of Iowa from license
59 5 fees paid by hunters shall be diverted for any other purpose
59 6 than as set out in sections 456A.17 and 456A.19.
59 7 Sec. 140. Section 456A.28, Code 2015, is amended to read as
59 8 follows:
59 9 456A.28 Fish restoration projects.
59 10 The state of Iowa assents to the provisions of the Act of
59 11 Congress entitled "An Act To Provide That The United States
59 12 Shall Aid The States In Fish Restoration Projects, And For
59 13 Other Purposes", approved August 9, 1950, Pub. L. No. 681 Ch.
59 14 658, 64 Stat. 430, codified at 16 U.S.C. {777 = 777n, and the
59 15 department may perform acts as necessary to the conduct and
59 16 establishment of cooperative fish restoration projects, as
59 17 defined in the Act of Congress, in compliance with the Act and
59 18 with regulations promulgated by the secretary of the interior
59 19 under the Act. No funds accruing to the state of Iowa from
59 20 fishing license fees shall be diverted for any other purposes
59 21 than as set out in sections 456A.17 and 456A.19.
59 22 Sec. 141. Section 459.102, subsection 57, Code 2015, is
59 23 amended to read as follows:
59 24 57. "Swine farrow=to=finish operation" means a confinement
59 25 feeding operation in which porcine animals are produced and in
59 26 which a primary portion of the phases of the production cycle
59 27 are conducted at one confinement feeding operation. Phases of
59 28 the production cycle include but are not limited to gestation,
59 29 farrowing, growing, and finishing.
59 30 Sec. 142. Section 461A.57, Code 2015, is amended to read as
59 31 follows:
59 32 461A.57 Penalties.
59 33 Any Unless another punishment is provided, any person
59 34 violating any of the provisions of sections 461A.36 to through
59 35 461A.41, 461A.43, and 461A.45 to through 461A.56 is guilty of a
60 1 simple misdemeanor.
60 2 Sec. 143. Section 468.3, subsections 2, 6, and 8, Code 2015,
60 3 are amended to read as follows:
60 4 2. Within the meaning of this subchapter, parts 1 through 5
60 5 and 7, and subchapter II, part 1, the term "board" shall embrace
60 6 the board of supervisors, the joint boards of supervisors in
60 7 case of intercounty levee or drainage districts, and the board
60 8 of trustees in case of a district under trustee management.
60 9 6. The term "engineer" and the term or "civil engineer",
60 10 within the meaning of this subchapter, parts 1 through 5 and
60 11 7, subchapter II, parts 1, 4, 5, and 6, and subchapter V, shall
60 12 mean a person licensed as a professional engineer under the
60 13 provisions of chapter 542B.
60 14 8. For the purpose of this subchapter, parts 1 through 5
60 15 and 7, and with reference to improvements along or adjacent
60 16 to the Missouri river, the word "levee" shall be construed to
60 17 include, in addition to its ordinary and accepted meaning,
60 18 embankments, revetments, retards, or any other approved system
60 19 of construction which may be deemed necessary to adequately
60 20 protect the banks of any river or stream, within or adjacent to
60 21 any county, from wash, cutting, or erosion.
60 22 Sec. 144. Section 468.49, Code 2015, is amended to read as
60 23 follows:
60 24 468.49 Classification as basis for future assessments.
60 25 1. A classification of land for drainage, erosion or flood
60 26 control purposes, when finally adopted, shall remain the
60 27 basis of all future assessments for the purpose of said the
60 28 district unless revised by the board in the manner provided
60 29 for reclassification, except that. However, where land
60 30 included in said classification has been destroyed, in whole
60 31 or in part, by the erosion of a river, or where additional
60 32 right=of=way has been subsequently taken for drainage purposes,
60 33 said the land which has been so eroded and carried away by
60 34 the action of a river or which has been taken for additional
60 35 right=of=way, may be removed by said the board from said the
61 1 district as classified, without any reclassification, and no
61 2 assessment shall thereafter be made on the land so removed.
61 3 Any deficiency in assessment existing as the result of said
61 4 action of the board shall be spread by it over the balance
61 5 of lands remaining in said district in the same ratio as was
61 6 fixed in the classification of the lands, payable at the next
61 7 taxpaying period.
61 8 2. Except districts established by mutual agreement in
61 9 accordance with section 468.142 in the event any forty=acre
61 10 tract or less, or any lot, tract, or parcel, as set forth in
61 11 the existing classification or reclassification of any drainage
61 12 district now or hereafter established, is divided into two or
61 13 more tracts, whether such division is by sale or condemnation
61 14 or platted as a subdivision, the classification of the original
61 15 tract shall be apportioned to the resulting parcels, regardless
61 16 of use, except for land taken for additional drainage
61 17 right=of=way. The classification of the original tract may be
61 18 apportioned between the resulting parcels by agreement between
61 19 the parties to such division. The parties shall file with the
61 20 county auditor a written agreement setting forth the original
61 21 description and the description of the tracts as subdivided and
61 22 the percentage of the original classification apportioned to
61 23 each. This agreement shall bear the signature of all of the
61 24 parties to such the subdivision. The agreement contemplated
61 25 herein may be contained in the deed or other instrument
61 26 effecting the division of the land, which agreement shall be
61 27 binding upon the grantee or grantees by their acceptance of
61 28 such instrument and their signatures shall not be necessary.
61 29 The auditor shall enter this agreement in the drainage record
61 30 and amend the current classification of the district in
61 31 accordance with such the agreement.
61 32 3. In the event the parties to such the subdivision cannot
61 33 agree as to the apportionment of the percentage classification,
61 34 the board of supervisors shall, upon application of either
61 35 party, appoint a commission having the qualifications of
62 1 commissioners, in accordance with section 468.38. The
62 2 commissioners shall inspect the lands involved and apportion
62 3 the existing classification of the original tract equitably and
62 4 fairly to each of the several tracts as subdivided and. The
62 5 board shall make a full, accurate, and detailed report thereof
62 6 and file the same report with the county auditor within the
62 7 time set by the board. The report of the commissioners shall
62 8 set forth the names of the owners thereof, the description
62 9 of each of the tracts and the percentage of the original
62 10 classification that each such tract shall bear for main ditches
62 11 and settling basins, for laterals, for levees and pumping
62 12 station. Thereafter all the proceedings in relation thereto as
62 13 to notice of hearing and fixing of percentage benefits shall
62 14 be as in this subchapter, parts 1 through 5 and 7, provided
62 15 in relation to original classification and assessments, and
62 16 at such hearing, the board may affirm, increase or diminish
62 17 the percentage of benefits so as to make them just and
62 18 equitable, and cause the record of the existing classification,
62 19 percentage of benefits or assessments, or both, to be modified
62 20 accordingly. In the event the parties neither agree as to the
62 21 apportionment of classification nor make application for the
62 22 appointment of commissioners, then the auditor of the county
62 23 in which the land is situated shall make such apportionment
62 24 upon an equitable basis and enter the same of record as herein
62 25 provided. No tract of land included within the boundary of any
62 26 drainage district shall be exempt from drainage assessments or
62 27 reassessments, except as herein provided.
62 28 Sec. 145. Section 468.206, Code 2015, is amended to read as
62 29 follows:
62 30 468.206 Notice and hearing.
62 31 If upon consideration of the plan or amended plan and the
62 32 report or reports of the engineer and the commitments involved
62 33 in the adoption of the plan the board finds that the district
62 34 will benefit therefrom or the purposes for which the district
62 35 was established will be promoted thereby, the board shall adopt
63 1 the same as a tentative plan, entering enter an order to that
63 2 effect, and fixing fix a date for hearing thereon not less
63 3 than thirty days thereafter and directing direct the auditor
63 4 to cause notice to be given of such hearing as hereinafter
63 5 provided in section 468.207.
63 6 Sec. 146. Section 468.209, unnumbered paragraph 1, Code
63 7 2015, is amended to read as follows:
63 8 If the board, after consideration of the subject matter,
63 9 including all objections filed to the adoption of the plan and
63 10 all claims for damages, shall find that the district will be
63 11 benefited by adoption of the plan or the purposes for which
63 12 the district was established is furthered thereby by the plan,
63 13 they shall enter an order approving and adopting such the final
63 14 plan. Such The order shall have the effect of:
63 15 Sec. 147. Section 468.220, Code 2015, is amended to read as
63 16 follows:
63 17 468.220 Occupancy and use permitted ==== assessments paid.
63 18 1. Any levee or drainage district organized, or in the
63 19 process of being organized, under the laws of this state may
63 20 occupy and use for any lawful levee or drainage purpose land
63 21 owned by the state of Iowa, upon first obtaining permission to
63 22 do so from the state or state agency controlling the same land.
63 23 2. In the case of lands lying within the beds of meandered
63 24 streams and border streams the permission shall be obtained
63 25 from the natural resource commission of the department of
63 26 natural resources. In the case of lands that are not under
63 27 the control of no any office or agency of the state, then the
63 28 permission shall be obtained from the executive council.
63 29 3. Such permission shall not be unreasonably withheld and
63 30 shall be in the form of an easement executed by the governor
63 31 or in the case of an agency, by the chairperson or presiding
63 32 officer thereof, and when once granted shall be perpetual,
63 33 except that if no use is made of the same easement for a period
63 34 of five years such, the permission shall immediately thereafter
63 35 expire.
64 1 4. All uses and occupancies as contemplated by this section
64 2 existing on July 4, 1961, are hereby legalized.
64 3 5. The state of Iowa, its agencies and subdivisions shall be
64 4 financially responsible for drainage and special assessments
64 5 against land which they own, or hold title to, within existing
64 6 drainage districts.
64 7 Sec. 148. Section 468.262, Code 2015, is amended to read as
64 8 follows:
64 9 468.262 Purpose.
64 10 The provisions of this part apply to drainage or levee
64 11 districts, governed by a board of supervisors, joint boards
64 12 of supervisors, or board of trustees, as provided in section
64 13 468.3, when such districts participate in a merger.
64 14 Sec. 149. Section 468.269, subsection 3, paragraph a, Code
64 15 2015, is amended to read as follows:
64 16 a. The board must approve a report by an engineer
64 17 appointed by the board as provided in this part 1 stating
64 18 those improvements directly benefiting land situated in the
64 19 participating dominant servient district were made within the
64 20 five=year period provided in subsection 2.
64 21 Sec. 150. Section 468.540, Code 2015, is amended to read as
64 22 follows:
64 23 468.540 Refunding bonds.
64 24 The board of supervisors of any county may extend the time of
64 25 the payment of any of its outstanding drainage bonds issued in
64 26 anticipation of the collection of drainage assessments levied
64 27 upon property within a drainage district, and may extend the
64 28 time of payment of any unpaid assessment, or any installment or
64 29 installments thereof, and. The board may renew or extend the
64 30 time of payment of such legal bonded indebtedness, or any part
64 31 thereof, for account of such drainage district, and may refund
64 32 the same and issue drainage refunding bonds therefor subject to
64 33 the limitation and in the manner hereinafter provided.
64 34 Sec. 151. Section 468.544, Code 2015, is amended to read as
64 35 follows:
65 1 468.544 Requirements of notice.
65 2 Said The notice shall be directed to each person whose name
65 3 appears upon the transfer books in the auditor's office as
65 4 owner of lands within said the drainage district upon which
65 5 said the drainage assessments are unpaid, naming the owner, and
65 6 also to the person or persons in actual occupancy of any of
65 7 said the tracts of land without naming them, and. The notice
65 8 shall also state the all of the following:
65 9 1. The amount of unpaid assessments upon each forty=acre
65 10 tract of land or less., and that
65 11 2. That all of said the unpaid assessments, installment or
65 12 installments thereof as proposed to be extended, may be paid on
65 13 or before the time fixed for said the hearing., and that
65 14 3. That after the expiration of such time no assessments may
65 15 be paid except in the manner and at the times fixed by the board
65 16 in the resolution authorizing the issuance of said the drainage
65 17 refunding bonds.
65 18 Sec. 152. Section 476.20, subsection 2, Code 2015, is
65 19 amended to read as follows:
65 20 2. The board shall establish rules requiring a regulated
65 21 public utility furnishing gas or electricity to include in
65 22 the utility's notice of pending disconnection of service a
65 23 written statement advising the customer that the customer
65 24 may be eligible to participate in the low income home energy
65 25 assistance program or weatherization assistance program
65 26 administered by the division of community action agencies of
65 27 the department of human rights. The written statement shall
65 28 list the address and telephone number of the local agency
65 29 which is administering the customer's low income home energy
65 30 assistance program and the weatherization assistance program.
65 31 The written statement shall also state that the customer
65 32 is advised to contact the public utility to settle any of
65 33 the customer's complaints with the public utility, but if a
65 34 complaint is not settled to the customer's satisfaction, the
65 35 customer may file the complaint with the board. The written
66 1 statement shall include the address and phone number of the
66 2 board. If the notice of pending disconnection of service
66 3 applies to a residence, the written statement shall advise
66 4 that the disconnection does not apply from November 1 through
66 5 April 1 for a resident who is a "head of household", as defined
66 6 by law in section 422.4, and who has been certified to the
66 7 public utility by the local agency which is administering the
66 8 low income home energy assistance program and weatherization
66 9 assistance program as being eligible for either the low
66 10 income home energy assistance program or weatherization
66 11 assistance program, and that if such a resident resides within
66 12 the serviced residence, the customer should promptly have
66 13 the qualifying resident notify the local agency which is
66 14 administering the low income home energy assistance program and
66 15 weatherization assistance program. The board shall establish
66 16 rules requiring that the written notice contain additional
66 17 information as it deems necessary and appropriate.
66 18 Sec. 153. Section 476.29, subsection 3, Code 2015, is
66 19 amended to read as follows:
66 20 3. A certificate is transferable, subject to approval of the
66 21 board pursuant to section 476.20, subsection 1, paragraph "a".
66 22 Sec. 154. Section 476.96, unnumbered paragraph 1, Code
66 23 2015, is amended to read as follows:
66 24 As used in sections 476.95, 476.100, and 476.101, unless the
66 25 context otherwise requires:
66 26 Sec. 155. Section 478.15, Code 2015, is amended to read as
66 27 follows:
66 28 478.15 Eminent domain ==== procedure ==== entering on land ====
66 29 reversion on nonuse.
66 30 1. Any person, company, or corporation having secured a
66 31 franchise as provided in this chapter, shall thereupon be
66 32 vested with the right of eminent domain to such extent as the
66 33 utilities board may approve, prescribe and find to be necessary
66 34 for public use, not exceeding one hundred feet in width for
66 35 right=of=way and not exceeding one hundred sixty acres in any
67 1 one location, in addition to right=of=way, for the location
67 2 of electric substations to carry out the purposes of said
67 3 franchise; provided however, that where two hundred K V lines
67 4 or higher voltage lines are to be constructed, the person,
67 5 company, or corporation may apply to the board for a wider
67 6 right=of=way not to exceed two hundred feet, and the board
67 7 may for good cause extend the width of such right=of=way for
67 8 such lines to the person, company, or corporation applying for
67 9 the same. The burden of proving the necessity for public use
67 10 shall be on the person, company, or corporation seeking the
67 11 franchise. A homestead site, cemetery, orchard, or schoolhouse
67 12 location shall not be condemned for the purpose of erecting
67 13 an electric substation. If agreement cannot be made with the
67 14 private owner of lands as to damages caused by the construction
67 15 of said transmission line, or electric substations, the same
67 16 proceedings shall be taken as provided for taking private
67 17 property for works of internal improvement.
67 18 2. Any person, company, or corporation proposing to
67 19 construct a transmission line or other facility which involves
67 20 the taking of property under the right of eminent domain
67 21 and desiring to enter upon the land, which it proposes to
67 22 appropriate, for the purpose of examining or surveying the
67 23 same, shall first file with the utilities board, a written
67 24 statement under oath setting forth the proposed routing of
67 25 the line or facility including a description of the lands to
67 26 be crossed, the names and addresses of owners, together with
67 27 request that a permit be issued by said the board authorizing
67 28 said the person, company, or corporation or its duly appointed
67 29 representative to enter upon the land for the purpose of
67 30 examining and surveying and to take and use thereon on the
67 31 land any vehicle and surveying equipment necessary in making
67 32 the survey. Said The board shall within ten days after said
67 33 the request issue a permit, accompanied by such bond in such
67 34 amount as the board shall approve, to the person, company, or
67 35 corporation making said the application, if in its the board's
68 1 opinion the application is made in good faith and not for the
68 2 purpose of harassing the owner of the land. If the board is
68 3 of the opinion that the application is not made in good faith
68 4 or made for the purpose of harassment to the owner of said the
68 5 land it the board shall set the matter for hearing and it. The
68 6 matter shall be heard not more than twenty days after filing
68 7 said the application. Notice of the time and place of hearing
68 8 shall be given by said the board, to the owner of said the land
68 9 by registered mail with a return receipt requested, not less
68 10 than ten days preceding the date of hearing.
68 11 3. Any person, company or corporation that has obtained
68 12 a permit in the manner herein prescribed in this section may
68 13 enter upon said the land or lands, as above provided in this
68 14 section, and shall be liable for actual damages sustained in
68 15 connection with such entry. An action in damages shall be the
68 16 exclusive remedy.
68 17 4. If an electric transmission line right=of=way, or any
68 18 part thereof, is wholly abandoned for public utility purposes
68 19 by the relocation of the transmission lines, is not used or
68 20 operated for a period of five years, or if its construction has
68 21 been commenced and work has ceased and has not in good faith
68 22 been resumed for five years, the right=of=way shall revert
68 23 to the person or persons who, at the time of the abandonment
68 24 or reversion, are the owners of the tract from which such
68 25 the right=of=way was taken. Following such abandonment of
68 26 right=of=way, the owner or holder of purported fee title
68 27 to such the real estate may serve notice upon the owner of
68 28 such the right=of=way easement, or the owner's successor in
68 29 interest, and upon any party in possession of said the real
68 30 estate, a written notice which shall accurately describe the
68 31 real estate in question, set out the facts concerning ownership
68 32 of the fee, ownership of the right=of=way easement, and the
68 33 period of abandonment, and notify said the parties that such
68 34 reversion shall be complete and final, and that the easement or
68 35 other right shall be forfeited, unless said the parties shall,
69 1 within one hundred twenty days after the completed service
69 2 of notice, file an affidavit with the county recorder of the
69 3 county in which the real estate is located disputing the facts
69 4 contained in said the notice.
69 5 5. Said The notice shall be served in the same manner as
69 6 an original notice under the Iowa rules of civil procedure,
69 7 except that when notice is served by publication no affidavit
69 8 therefor shall be required before publication. If no affidavit
69 9 disputing the facts contained in the notice is filed within
69 10 one hundred twenty days, the party serving the notice may file
69 11 for record in the office of the county recorder a copy of the
69 12 notice with proofs of service attached thereto or endorsed
69 13 thereon, and when so recorded, the record shall be constructive
69 14 notice to all persons of the abandonment, reversion, and
69 15 forfeiture of such the right=of=way.
69 16 Sec. 156. Section 478.31, Code 2015, is amended to read as
69 17 follows:
69 18 478.31 Temporary permits for lines less than one mile.
69 19 1. Notwithstanding the provisions of section 478.1, any
69 20 person, company, or corporation proposing to construct an
69 21 electric transmission line not exceeding one mile in length
69 22 and which does not involve the taking of property under the
69 23 right of eminent domain may obtain a temporary construction
69 24 permit from the utilities board by proceeding in the manner
69 25 hereinafter set forth in this section. Said The person,
69 26 company, or corporation shall first file with the board a
69 27 verified petition setting forth the requirements of section
69 28 478.3, subsection 1, paragraphs "a" through "h", with the
69 29 further allegation that the petitioner is the nearest electric
69 30 utility to the proposed point of service.
69 31 2. The petition shall also state that the filing thereof
69 32 constitutes an application for a temporary construction
69 33 permit and shall also have endorsed thereon the approval of
69 34 the appropriate highway authority or railroad concerned if
69 35 such line is to be constructed over, across or along a public
70 1 highway or railroad.
70 2 3. Upon receipt of such the petition the utilities board
70 3 shall consider same and may grant a temporary construction
70 4 permit in whole or in part or upon such terms, conditions and
70 5 restrictions, and with such modifications as to location as may
70 6 seem to it just and proper, however, no. A finding of public
70 7 use will shall not be made at the time of the issuance of the
70 8 permit, such finding to but shall be made, if substantiated by
70 9 petitioner, at the subsequent consideration of the propriety
70 10 of granting a franchise for the line subject to the permit.
70 11 The signature of one utilities board member on such the
70 12 permit shall be sufficient. The issuance of such the permit
70 13 shall constitute temporary authority for the permit holder to
70 14 construct the line for which the permit is granted.
70 15 4. Upon the granting of such temporary construction permit
70 16 the utilities board shall cause the publication of notice
70 17 required by section 478.5 and all other requirements shall be
70 18 complied with as in the manner provided for the granting of a
70 19 franchise. If a hearing is required then the petitioner shall
70 20 make a sufficient and proper showing thereat before a franchise
70 21 will be issued for the line. Any franchise issued will be
70 22 subject to all applicable provisions of this chapter.
70 23 5. Notwithstanding anything foregoing subsections 1 through
70 24 4, if the utilities board shall determine that a franchise
70 25 should not be granted, or that further restrictions, conditions
70 26 or modifications are required, or if the petitioner shall fail
70 27 to make a sufficient and proper showing of the necessity for
70 28 the granting of a franchise within six months of the granting
70 29 of the temporary construction permit, the permit issued
70 30 hereunder shall become null and void and the permit holder may
70 31 be required to take such action deemed necessary by the board
70 32 to remove, modify or relocate the construction undertaken by
70 33 virtue of the temporary permit issued hereunder.
70 34 Sec. 157. Section 481A.22, Code 2015, is amended to read as
70 35 follows:
71 1 481A.22 Field and retriever meets ==== permit required.
71 2 1. a. All officially sanctioned field meets or trials
71 3 and retriever meets or trials where the skill of dogs is
71 4 demonstrated in pointing, retrieving, trailing, or chasing any
71 5 game bird, game animal, or fur=bearing animal shall require
71 6 a field trial permit. Except as otherwise provided by law,
71 7 it shall be unlawful to kill any wildlife in such events.
71 8 Notwithstanding the provisions of section 481A.21 it shall
71 9 be lawful to hold field meets or trials and retriever meets
71 10 or trials where dogs are permitted to work in exhibition or
71 11 contest whereby the skill of dogs is demonstrated by retrieving
71 12 dead or wounded game birds which have been propagated by
71 13 licensed game breeders within the state or secured from lawful
71 14 sources outside the state and lawfully brought into the state.
71 15 All such of the birds must be released on the day of trials on
71 16 premises where the trials are held.
71 17 b. Such Any birds released may be shot by official guns
71 18 after having secured a permit as herein provided in this
71 19 section.
71 20 c. Such The permits may be issued by the director of the
71 21 department upon proper application and the payment of a fee
71 22 of two dollars for each trial held. A representative of the
71 23 department shall attend all such trials and enforce the laws
71 24 and regulations governing same.
71 25 2. The person or persons designated by the committee in
71 26 charge to do the shooting for such the trials shall be known
71 27 as the official guns, and no other person shall be permitted
71 28 to kill or attempt to kill any of the birds released for such
71 29 trials.
71 30 3. Before any birds are released under this section, they
71 31 must each have attached a tag provided by the department and
71 32 attached by a representative of the department at a cost of
71 33 not more than ten cents for each tag. All tags are to remain
71 34 attached to birds until prepared for consumption.
71 35 4. It is unlawful for any person to hold, conduct, or to
72 1 participate in a field or retriever trial before the permit
72 2 required by this section has been secured or for any person to
72 3 possess or remove from the trial grounds any birds which have
72 4 not been tagged as herein in this section required.
72 5 Sec. 158. Section 490.1302, subsection 2, paragraph a,
72 6 subparagraph (3), Code 2015, is amended to read as follows:
72 7 (3) Issued by an open=end management investment company
72 8 registered with the United States securities and exchange
72 9 commission under the federal Investment Company Act of 1940,
72 10 15 U.S.C. {80a=1 et seq., and may be redeemed at the option of
72 11 the holder at net asset value.
72 12 Sec. 159. Section 490.1402, subsection 2, paragraph a,
72 13 subparagraph (2), Code 2015, is amended to read as follows:
72 14 (2) If paragraph "a", subparagraph (1), subparagraph
72 15 division (a) or (2) (b), applies, it must communicate the basis
72 16 for so proceeding.
72 17 Sec. 160. Section 491.3, subsection 6, Code 2015, is amended
72 18 to read as follows:
72 19 6. To make contracts, and acquire and transfer property
72 20 == property, possessing the same powers in such respects as
72 21 natural persons.
72 22 Sec. 161. Section 491.23, Code 2015, is amended to read as
72 23 follows:
72 24 491.23 Dissolution ==== filing a statement with secretary of
72 25 state.
72 26 A corporation may be dissolved prior to the period fixed
72 27 in the articles of incorporation, by unanimous consent, or
72 28 in accordance with the provisions of its articles, and if a
72 29 statement swearing to the dissolution, signed by the officers
72 30 of such corporation, is filed with the secretary of state. A
72 31 recording fee of one dollar shall apply to the filing of the
72 32 statement.
72 33 Sec. 162. Section 502A.4, subsection 1, paragraph e, Code
72 34 2015, is amended to read as follows:
72 35 e. A commodity contract under which the offeree or the
73 1 purchaser is a person under section 502A.3, an insurance
73 2 company, an investment company as defined in the federal
73 3 Investment Company Act of 1940, 15 U.S.C. {80a=1 et seq., or
73 4 an employee pension and profit sharing or benefit plan other
73 5 than a self=employed individual retirement plan, or individual
73 6 retirement account.
73 7 Sec. 163. Section 511.8, subsection 22, paragraph i,
73 8 unnumbered paragraph 1, Code 2015, is amended to read as
73 9 follows:
73 10 Securities held in the legal reserve of a life insurance
73 11 company or association and pledged as collateral for financial
73 12 instruments used in hedging transactions shall continue
73 13 to be eligible for inclusion in the legal reserve of the
73 14 life insurance company or association subject to all of the
73 15 following:
73 16 Sec. 164. Section 511.8, subsection 22, paragraph i,
73 17 subparagraph (3), Code 2015, is amended to read as follows:
73 18 (3) Securities pledged as collateral for financial
73 19 instruments used in hedging transactions that the life
73 20 insurance company or association does not report as highly
73 21 effective hedging transactions, together with securities
73 22 pledged to a counterparty, clearing organization, or
73 23 clearinghouse on an upfront basis in the form of initial
73 24 margin, independent amount, or other securities pledged as a
73 25 precondition of entering into hedging transactions pursuant to
73 26 subparagraph (1) that the life insurance company or association
73 27 does not report as highly effective hedging transactions
73 28 pursuant to subparagraph (1), are not eligible in excess of
73 29 three percent of the legal reserve of the life insurance
73 30 company or association, less any financial instruments used
73 31 in hedging transactions held in the legal reserve under this
73 32 subsection.
73 33 Sec. 165. Section 515.103, subsection 11, Code 2015, is
73 34 amended by striking the subsection.
73 35 Sec. 166. Section 517.2, Code 2015, is amended to read as
74 1 follows:
74 2 517.2 Terms defined.
74 3 As used in this chapter, unless the context otherwise
74 4 requires:
74 5 1. a. The term "earned premiums" as used herein "Earned
74 6 premiums" shall include gross premiums charged on all policies
74 7 written, including all determined excess and additional
74 8 premiums, less returned premiums, other than premiums returned
74 9 to policyholders as dividends, and less reinsurance premiums
74 10 and premiums on policies canceled, and less unearned premiums
74 11 on policies in force.
74 12 b. Any participating company which has charged in its
74 13 premiums a loading solely for dividends shall not be required
74 14 to include such loading in its earned premiums, provided a
74 15 statement of the amount of such loading has been filed with and
74 16 approved by the commissioner of insurance.
74 17 2. The term "compensation" as used in this chapter
74 18 "Compensation" shall relate to all insurances affected by virtue
74 19 of statutes providing compensation to employees for personal
74 20 injuries irrespective of fault of the employer.
74 21 3. The term "liability" "Liability" shall relate to all
74 22 insurance, except compensation insurance, against loss or
74 23 damage from accident to or injuries suffered by an employee or
74 24 other person and for which the insured is liable.
74 25 4. The terms "loss payments" "Loss payments" and "loss
74 26 expense payments" as used herein shall include all payments
74 27 to claimants, including payments for medical and surgical
74 28 attendance, legal expenses, salaries and expenses of
74 29 investigators, and field personnel, rents, stationery,
74 30 telegraph and telephone charges, postage, salaries and expenses
74 31 of office employees, home office expenses, and all other
74 32 payments made on account of claims, whether such payments shall
74 33 be allocated to specific claims or unallocated.
74 34 Sec. 167. Section 517.3, Code 2015, is amended to read as
74 35 follows:
75 1 517.3 Distribution of unallocated payments.
75 2 1. a. All unallocated liability loss expense payments made
75 3 in a given calendar year subsequent to the first four years in
75 4 which an insurer has been issuing liability policies shall be
75 5 distributed as follows:
75 6 (1) Thirty=five percent shall be charged to the policies
75 7 written in that year., forty
75 8 (2) Forty percent to the policies written in the preceding
75 9 year., ten
75 10 (3) Ten percent to the policies written in the second year
75 11 preceding, ten percent to the policies written in the third
75 12 year preceding., and five
75 13 (4) Five percent to the policies written in the fourth year
75 14 preceding., and such
75 15 b. The payments made in each of the first four calendar
75 16 years in which an insurer issues liability policies shall be
75 17 distributed as follows:
75 18 (1) In the first calendar year one hundred percent shall be
75 19 charged to the policies written in that year., in
75 20 (2) In the second calendar year fifty percent shall be
75 21 charged to the policies written in that year and fifty percent
75 22 to the policies written in the preceding year., in
75 23 (3) In the third calendar year forty percent shall be
75 24 charged to the policies written in that year, forty percent to
75 25 the policies written in the preceding year, and twenty percent
75 26 to the policies written in the second year preceding., and in
75 27 (4) In the fourth calendar year thirty=five percent shall
75 28 be charged to the policies written in that year, forty percent
75 29 to the policies written in the preceding year, fifteen percent
75 30 to the policies written in the second year preceding, and ten
75 31 percent to the policies written in the third year preceding.,
75 32 and a
75 33 c. A schedule showing such distribution shall be included
75 34 in the annual statement.
75 35 2. a. All unallocated compensation loss expense payments
76 1 made in a given calendar year subsequent to the first three
76 2 years in which an insurer has been issuing compensation
76 3 policies shall be distributed as follows:
76 4 (1) Forty percent shall be charged to the policies written
76 5 in that year., forty=five
76 6 (2) Forty=five percent to the policies written in the
76 7 preceding year., ten
76 8 (3) Ten percent to the policies written in the second year
76 9 preceding. and five
76 10 (4) Five percent to the policies written in the third year
76 11 preceding., and such
76 12 b. The payments made in each of the first three calendar
76 13 years in which an insurer issues compensation policies shall be
76 14 distributed as follows:
76 15 (1) In the first calendar year one hundred percent shall be
76 16 charged to the policies written in that year., in
76 17 (2) In the second calendar year fifty percent shall be
76 18 charged to the policies written in that year and fifty percent
76 19 to the policies written in the preceding year., in
76 20 (3) In the third calendar year forty=five percent shall
76 21 be charged to the policies written in that year, forty=five
76 22 percent to the policies written in the preceding year and ten
76 23 percent to the policies written in the second year preceding.,
76 24 and a
76 25 c. A schedule showing such distribution shall be included
76 26 in the annual statement.
76 27 3. Whenever, in the judgment of the commissioner of
76 28 insurance, the liability or compensation loss reserves of any
76 29 insurer under the commissioner's supervision, calculated in
76 30 accordance with the foregoing provisions, are inadequate, the
76 31 commissioner may, in the commissioner's discretion, require
76 32 such insurer to maintain additional reserves based upon
76 33 estimated individual claims or otherwise.
76 34 Sec. 168. Section 518A.1, subsection 2, paragraph a, Code
76 35 2015, is amended to read as follows:
77 1 a. An application on blanks furnished by the association and
77 2 signed by the insured or the insured's representative, which
77 3 may contain in addition to other provisions: the
77 4 (1) The value of the property., the
77 5 (2) The proper description thereof, the of the property.
77 6 (3) The amount of other insurance and the encumbrance
77 7 thereon, and agreement on the property.
77 8 (4) Agreement to be governed by the articles of
77 9 incorporation and bylaws in force at the time the policy is
77 10 issued., a
77 11 (5) A representation that the foregoing statements are true
77 12 as far as the same are known to the insured or material to the
77 13 risk., and that
77 14 (6) That the insurance shall take effect when approved by
77 15 the secretary.
77 16 Sec. 169. Section 523I.312, subsection 2, paragraph n, Code
77 17 2015, is amended to read as follows:
77 18 n. Include an explanation of regulatory oversight by
77 19 the insurance division in twelve point boldface type, in
77 20 substantially the following language:
77 21 This agreement is subject to rules administered by the Iowa
77 22 insurance division. You may call the insurance division with
77 23 inquiries or complaints at (515)281=5705 (insert telephone
77 24 number). Written inquiries or complaints should be mailed
77 25 to: Iowa Securities and Regulated Industries Bureau, 330 Maple
77 26 Street, Des Moines, Iowa 50319 (insert address).
77 27 Sec. 170. Section 533.301, subsection 5, paragraph i,
77 28 unnumbered paragraph 1, Code 2015, is amended to read as
77 29 follows:
77 30 Corporate bonds as defined by and subject to terms and
77 31 conditions imposed by the superintendent, provided that the
77 32 superintendent shall not approve investment in corporate bonds
77 33 unless the bonds are investment grade. For purposes of this
77 34 paragraph, "investment grade" means the issuer of a security
77 35 has an adequate capacity to meet the financial commitments
78 1 under the security for the projected life of the asset or
78 2 exposure, even under adverse economic conditions. An issuer
78 3 has an adequate capacity to meet the financial commitments of
78 4 a security if the risk of default by the obligor is low and
78 5 the full and timely repayment of principal and interest on the
78 6 security is expected. A state credit union may consider any
78 7 or all of the following nonexhaustive or nonmutually exclusive
78 8 factors, to the extent appropriate, with respect to the credit
78 9 risk of a security:
78 10 Sec. 171. Section 536.1, subsections 4 and 5, Code 2015, are
78 11 amended to read as follows:
78 12 4. A person who enters into less than ten supervised loans
78 13 per year in this state and who neither has an office physically
78 14 located in this state nor engages in face=to=face solicitation
78 15 in this state may contract for and receive the rate of interest
78 16 permitted in this chapter for licensees under this chapter. A
78 17 "consumer loan" means the same as defined in section 537.1301.
78 18 5. For the purposes of this section:, "threshold amount"
78 19 a. "Consumer loan" means the same as defined in section
78 20 537.1301.
78 21 b. "Threshold amount" means the same as defined in section
78 22 537.1301.
78 23 Sec. 172. Section 537.1301, subsection 26, Code 2015, is
78 24 amended to read as follows:
78 25 26. "Lender" means a person who makes a loan or, except as
78 26 otherwise provided in this Act chapter, a person who takes an
78 27 assignment of a lender's right to payment, but use of the term
78 28 does not in itself impose on an assignee any obligation of the
78 29 lender.
78 30 Sec. 173. Section 551A.4, subsection 1, paragraph a, Code
78 31 2015, is amended to read as follows:
78 32 a. The offer or sale of a business opportunity if the
78 33 purchaser is a bank, federally chartered savings and loan
78 34 association, trust company, insurance company, credit union,
78 35 or investment company as defined by the federal Investment
79 1 Company Act of 1940, 15 U.S.C. {80a=1 et seq., a pension
79 2 or profit=sharing trust, or other financial institution or
79 3 institutional buyer, or a broker=dealer registered pursuant to
79 4 chapter 502, whether the purchaser is acting for itself or in a
79 5 fiduciary capacity.
79 6 Sec. 174. Section 554.8110, subsection 5, paragraph a, Code
79 7 2015, is amended to read as follows:
79 8 a. if an agreement between the securities intermediary
79 9 and its entitlement holder governing the securities account
79 10 expressly provides that a particular jurisdiction is the
79 11 securities intermediary's jurisdiction for purposes of this
79 12 part, this Article, or this Act 2000 Iowa Acts, ch. 1149, that
79 13 jurisdiction is the securities intermediary's jurisdiction.
79 14 Sec. 175. Section 558.1, Code 2015, is amended to read as
79 15 follows:
79 16 558.1 "Instruments affecting real estate" defined ====
79 17 revocation.
79 18 All instruments containing a power to convey, or in any
79 19 manner relating to real estate, including certified copies of
79 20 petitions in bankruptcy with or without the schedules appended,
79 21 of decrees of adjudication in bankruptcy, and of orders
79 22 approving trustees' bonds in bankruptcy, and a jobs training
79 23 agreement entered into under chapter 260E between an employer
79 24 and community college which contains a description of the real
79 25 estate affected, shall be held to be instruments "instruments
79 26 affecting the same; and no such real estate". An instrument
79 27 affecting real estate, when acknowledged or certified and
79 28 recorded as in this chapter prescribed, can cannot be revoked
79 29 as to third parties by any act of the parties by whom it was
79 30 executed, until the instrument containing such revocation is
79 31 acknowledged and filed for record in the same office in which
79 32 the instrument containing such power is recorded, except that
79 33 uniform commercial code financing statements and financing
79 34 statement changes as provided in chapter 554 need not be thus
79 35 acknowledged.
80 1 Sec. 176. Section 602.8108, subsection 2, Code 2015, is
80 2 amended to read as follows:
80 3 2. Except as otherwise provided, the clerk of the district
80 4 court shall report and submit to the state court administrator,
80 5 not later than the fifteenth day of each month, the fines and
80 6 fees received during the preceding calendar month. Except as
80 7 provided in subsections 3, 4, 5, 6, 7, 8, 9, 10, and 11, the
80 8 state court administrator shall deposit the amounts received
80 9 with the treasurer of state for deposit in the general fund of
80 10 the state. The state court administrator shall report to the
80 11 legislative services agency within thirty days of the beginning
80 12 of each fiscal quarter the amount received during the previous
80 13 quarter in the account established under this section.
80 14 Sec. 177. Section 602.11113, Code 2015, is amended to read
80 15 as follows:
80 16 602.11113 Bailiffs employed as court attendants.
80 17 Persons who were employed as bailiffs and who were
80 18 performing services for the court, other than law enforcement
80 19 services, immediately prior to the effective date of section
80 20 602.6601 July 1, 1983, shall be employed by the district court
80 21 administrators as court attendants under section 602.6601 on
80 22 the effective date of that section July 1, 1983.
80 23 Sec. 178. Section 614.6, unnumbered paragraph 1, Code 2015,
80 24 is amended to read as follows:
80 25 The period of limitation above described specified in
80 26 sections 614.1 through 614.5 shall be computed omitting any
80 27 time when:
80 28 Sec. 179. Section 614.35, Code 2015, is amended to read as
80 29 follows:
80 30 614.35 Recording interest.
80 31 To be effective and to be entitled to record, the notice
80 32 above referred to in section 614.34 shall contain an accurate
80 33 and full description of all land affected by such notice which
80 34 description shall be set forth in particular terms and not by
80 35 general inclusions; but if the claim is founded upon a recorded
81 1 instrument, then the description in such notice may be the same
81 2 as that contained in such recorded instrument. Such notice
81 3 shall be filed for record in the office of the county recorder
81 4 of the county or counties where the land described in the
81 5 notice is situated. The recorder of each county shall accept
81 6 all such notices presented to the recorder which describe land
81 7 located in the county in which the recorder serves and shall
81 8 enter and record full copies of the notices and shall index the
81 9 applicable entries specified in sections 558.49 and 558.52, and
81 10 each recorder shall be entitled to charge the same fees for the
81 11 recording of the notices as are charged for recording deeds.
81 12 In indexing such notices in the recorder's office each recorder
81 13 shall enter such notices under the grantee indexes of deeds in
81 14 the names of the claimants appearing in such notices.
81 15 Sec. 180. Section 633.279, subsection 2, paragraph a, Code
81 16 2015, is amended to read as follows:
81 17 a. An attested will may be made self=proved at the time of
81 18 its execution, or at any subsequent date, by the acknowledgment
81 19 thereof by the testator and the affidavits of the witnesses,
81 20 each made before a person authorized to administer oaths
81 21 and take acknowledgments under the laws of this state, and
81 22 evidenced by such person's certificate, under seal, attached
81 23 or annexed to the will, in form and content substantially as
81 24 follows:
81 25 Affidavit
81 26 State of...... )
81 27 County of...... ) ss
81 28 We, the undersigned, ......., ....... and ........., the
81 29 testator and the witnesses, respectively, whose names are
81 30 signed to the attached or foregoing instrument, being first
81 31 duly sworn, declare to the undersigned authority that at the
81 32 date of the instrument, we all knew the identity of each other;
81 33 the instrument was exhibited to the witnesses by the testator,
81 34 who declared it to be the testator's last will and testament
81 35 and was signed by the testator or by another at the direction
82 1 of the testator at ........, in the County of ......, State
82 2 of ......, on the date shown in the instrument, and in the
82 3 presence of each other as subscribing witnesses; that we, as
82 4 witnesses, declare to the undersigned authority that in our
82 5 presence the testator executed and acknowledged such will as
82 6 the testator's will and that we, in the testator's presence, at
82 7 the testator's request, and in the presence of each other, did
82 8 subscribe our names thereto as attesting witnesses on the date
82 9 of such will; and that the witnesses were sixteen years of age
82 10 or older.
82 11 ............................
82 12 Testator
82 13 ............................
82 14 Witness
82 15 ............................
82 16 Witness
82 17 ............................
82 18 Subscribed, sworn and acknowledged before me by ........, the
82 19 testator; and subscribed and sworn before me by ........ and
82 20 ......., witnesses, this ... day of ...... (month), ... (year)
82 21 .............................
82 22 Notary Public, or other
82 23 Signature of notarial
82 24 officer authorized to take
82 25 (Stamp) and certify acknowledgments
82 26 and administer oaths
82 27 [...................]
82 28 Title of office
82 29 [My commission expires]
82 30 Sec. 181. Section 633.304, subsections 2 and 3, Code 2015,
82 31 are amended to read as follows:
82 32 2. On admission of a will to probate, the executor, as
82 33 soon as letters are issued, shall cause notice to be published
82 34 once each week for two consecutive weeks in a daily or weekly
82 35 newspaper of general circulation published in the county in
83 1 which the estate is pending and at. At any time during the
83 2 pendency of administration that the executor has knowledge of
83 3 the name and address of a person believed to own or possess a
83 4 claim which will not or may not be paid or otherwise satisfied
83 5 during administration, the executor shall provide notice by
83 6 ordinary mail to each such claimant at the claimant's last
83 7 known address, and. The executor shall also, as soon as
83 8 practicable give notice, except to any executor, by ordinary
83 9 mail to the surviving spouse, each heir of the decedent,
83 10 and each devisee under the will admitted to probate whose
83 11 identities are reasonably ascertainable, at such persons' last
83 12 known addresses, that gives notice of admission of the will to
83 13 probate and of the appointment of the executor. In the notice
83 14 shall be included a notice that any action to set aside the
83 15 probate of the will must be brought within the later to occur
83 16 of four months from the date of the second publication of the
83 17 notice or one month from the date of mailing of this notice
83 18 or thereafter be forever barred, a notice to debtors to make
83 19 payment, and a notice to creditors having claims against the
83 20 estate to file them with the clerk within four months from the
83 21 second publication of the notice, or thereafter be forever
83 22 barred.
83 23 3. The notice shall be substantially in the following form:
83 24 NOTICE OF PROBATE OF WILL,
83 25 OF APPOINTMENT OF EXECUTOR,
83 26 AND NOTICE TO CREDITORS
83 27 In the District Court of Iowa
83 28 in and for .... County.
83 29 Probate No. ....
83 30 In the Estate of ......, Deceased
83 31 To All Persons Interested in the Estate of ......, Deceased,
83 32 who died on or about ...... (date):
83 33 You are hereby notified that on the .. day of .... (month),
83 34 ...... (year), the last will and testament of ........,
83 35 deceased, bearing date of the .. day of .... (month), ..
84 1 (year), was admitted to probate in the above named court and
84 2 that ........ was appointed executor of the estate. Any
84 3 action to set aside the will must be brought in the district
84 4 court of said county within the later to occur of four months
84 5 from the date of the second publication of this notice or one
84 6 month from the date of mailing of this notice to all heirs of
84 7 the decedent and devisees under the will whose identities are
84 8 reasonably ascertainable, or thereafter be forever barred.
84 9 Notice is further given that all persons indebted to
84 10 the estate are requested to make immediate payment to the
84 11 undersigned, and creditors having claims against the estate
84 12 shall file them with the clerk of the above named district
84 13 court, as provided by law, duly authenticated, for allowance,
84 14 and unless so filed by the later to occur of four months from
84 15 the date of second publication of this notice or one month from
84 16 the date of mailing of this notice (unless otherwise allowed or
84 17 paid) a claim is thereafter forever barred.
84 18 Dated this .. day of ...... (month), .. (year)
84 19 ...........
84 20 Executor of estate
84 21 ...........
84 22 Address
84 23 ..........
84 24 Attorney for executor
84 25 ..........
84 26 Address
84 27 Date of second publication
84 28 .. day of ...... (month), .. (year)
84 29 (Date to be inserted by publisher)
84 30 Sec. 182. Section 633A.3110, subsection 5, Code 2015, is
84 31 amended to read as follows:
84 32 5. The notice described in subsection 2 shall be
84 33 substantially in the following form:
84 34 To all persons regarding ...............................,
84 35 deceased, who died on or about
85 1 ........................................(date). You are hereby
85 2 notified that .......................... is the trustee of
85 3 the ................ Trust.
85 4 Any action to contest the validity of the trust must be
85 5 brought in the District Court of .... County, Iowa, within
85 6 the later to occur of four months from the date of second
85 7 publication of this notice, or thirty days from the date of
85 8 mailing this notice to all heirs of the decedent settlor
85 9 and the spouse of the decedent settlor whose identities are
85 10 reasonably ascertainable. Any suit not filed within this
85 11 period shall be forever barred.
85 12 Notice is further given that any person or entity possessing
85 13 a claim against the trust must mail proof of the claim to the
85 14 trustee at the address listed below via certified mail, return
85 15 receipt requested, by the later to occur of four months from
85 16 the date of the second publication of this notice or thirty
85 17 days from the date of mailing this notice if required, or
85 18 the claim shall be forever barred, unless paid or otherwise
85 19 satisfied.
85 20 Dated this ............ day of
85 21 ........................(month), ...............(year)
85 22 ..........................................................
85 23 Trust
85 24 ...............................................
85 25 Trustee
85 26 Address: .....................................
85 27 ...............................................
85 28 Date of second publication
85 29 ............ day of ........................(month),
85 30 ................(year)
85 31 Sec. 183. Section 633B.203, subsections 3 and 9, Code 2015,
85 32 are amended to read as follows:
85 33 3. Execute, acknowledge, seal, deliver, file, or record
85 34 any instrument or communication the agent considers desirable
85 35 to accomplish a purpose of a transaction, including but not
86 1 limited to creating at any time a schedule listing some or all
86 2 of the principal's property and attaching the instrument of or
86 3 communication to the power of attorney.
86 4 9. Access communications intended for, and communicate
86 5 on behalf of, the principal, whether by mail, electronic
86 6 transmission, telephone, or other means.
86 7 Sec. 184. Section 633B.205, subsection 2, Code 2015, is
86 8 amended to read as follows:
86 9 2. Sell; exchange; convey with or without covenants,
86 10 representations, or warranties; quitclaim; release; surrender;
86 11 create a security interest in; grant options concerning; lease;
86 12 sublease; or, otherwise dispose of tangible personal property
86 13 or an interest in tangible personal property.
86 14 Sec. 185. Section 633B.205, subsection 5, unnumbered
86 15 paragraph 1, Code 2015, is amended to read as follows:
86 16 Manage or conserve tangible personal property or an interest
86 17 in tangible personal property on behalf of the principal,
86 18 including but not limited to by doing all of the following:
86 19 Sec. 186. Section 636.33, Code 2015, is amended to read as
86 20 follows:
86 21 636.33 Final discharge.
86 22 Said fiduciary may file such the receipt described in
86 23 section 636.32 with the fiduciary's final report, and if it
86 24 shall be made to appear to the satisfaction of the court that
86 25 the fiduciary has in all other respects complied with the law
86 26 governing the fiduciary's appointment and duties, the court may
86 27 approve such final report and enter the fiduciary's discharge.
86 28 Sec. 187. Section 636.34, Code 2015, is amended to read as
86 29 follows:
86 30 636.34 Notice of deposit.
86 31 Notice of such a contemplated deposit under section 636.31,
86 32 and of final report, shall be given for the same time and in
86 33 the same manner as is now required in cases of final report by
86 34 personal representatives under the probate code.
86 35 Sec. 188. Section 654.13, Code 2015, is amended to read as
87 1 follows:
87 2 654.13 Pledge of rents ==== priority.
87 3 Whenever any real estate is encumbered by two or more real
87 4 estate mortgages which in addition to the lien upon the real
87 5 estate grant to the mortgagee the right to subject the rents,
87 6 profits, avails and/or, or income from said real estate to the
87 7 payment of the debt secured by such mortgage, the priority
87 8 of the respective mortgagees under the provisions of their
87 9 mortgages affecting the rents, profits, avails and/or, or
87 10 incomes from the said real estate shall, as between such
87 11 mortgagees, be in the same order as the priority of the lien of
87 12 their respective mortgages on the real estate.
87 13 Sec. 189. Section 654.14, subsection 2, Code 2015, is
87 14 amended to read as follows:
87 15 2. If the owner or person in actual possession of
87 16 agricultural land as defined in section 9H.1 is not afforded
87 17 a right of first refusal in leasing the mortgaged premises by
87 18 the receiver, the owner or person in actual possession has a
87 19 cause of action against the receiver to recover either actual
87 20 damages or a one thousand dollar penalty, and costs, including
87 21 reasonable attorney's fees. The receiver shall deliver notice
87 22 of an offer made to the receiver to the owner or person in
87 23 actual possession or the attorney of the owner or person in
87 24 actual possession, of an offer made to the receiver, which
87 25 contains the terms of the offer, and the name and address
87 26 of the person making the offer. The delivery shall be made
87 27 personally with receipt returned or by certified or registered
87 28 mail, with the proper postage on the envelope, addressed to
87 29 the owner or person in actual possession or the attorney of
87 30 the owner or person in actual possession. An offer shall be
87 31 deemed to have been refused if the owner or person in actual
87 32 possession or the attorney of the owner or person in actual
87 33 possession does not respond within ten days following the date
87 34 that the notice is mailed.
87 35 Sec. 190. Section 656.5, Code 2015, is amended to read as
88 1 follows:
88 2 656.5 Proof and record of service.
88 3 If the terms and conditions as to which there is default are
88 4 not performed within said thirty days, the party serving said
88 5 the notice or causing the same notice to be served, may file
88 6 for record in the office of the county recorder a copy of the
88 7 notice aforesaid with proofs of service attached or endorsed
88 8 thereon (and, in case of service. If notice has been served
88 9 by publication, a personal affidavit that personal service
88 10 could not be made within this state), and when state shall
88 11 also be attached or endorsed on the notice. When so filed and
88 12 recorded, the said record shall be constructive notice to all
88 13 parties of the due forfeiture and cancellation of said the
88 14 contract.
88 15 Sec. 191. Section 669.2, subsection 4, paragraph c, Code
88 16 2015, is amended to read as follows:
88 17 c. "Employee of the state" also includes an architect
88 18 registered pursuant to chapter 544A or a professional engineer
88 19 licensed pursuant to chapter 542B who voluntarily and without
88 20 compensation provides initial structural or building systems
88 21 inspection services for the purposes of determining human
88 22 occupancy at the scene of a disaster as defined in section
88 23 29C.2, subsection 4. To be considered an employee of the
88 24 state, the architect or engineer shall be acting at the
88 25 request and under the direction of the commissioner of public
88 26 safety and in coordination with the local emergency management
88 27 commission established under chapter 29C. For purposes of this
88 28 paragraph, "compensation" does not include reimbursement for
88 29 expenses.
88 30 Sec. 192. Section 714.11, subsection 1, paragraph c, Code
88 31 2015, is amended to read as follows:
88 32 c. A fraudulent practice where it is not possible to
88 33 determine an amount of money or value of property and service
88 34 services involved.
88 35 Sec. 193. Section 714.14, subsection 2, Code 2015, is
89 1 amended to read as follows:
89 2 2. If money, property, or a service involved in two or
89 3 more acts of fraudulent practice is from the same person or
89 4 location, or from different persons by two or more acts which
89 5 occur in approximately the same location or time period so that
89 6 the fraudulent practices are attributable to a single scheme,
89 7 plan, or conspiracy, these acts may be considered as a single
89 8 fraudulent practice and the value may be the total value of all
89 9 money, property, and service services involved.
89 10 Sec. 194. Section 724.1, subsection 2, paragraph a, Code
89 11 2015, is amended to read as follows:
89 12 a. An antique firearm. An antique firearm is any firearm,
89 13 including any firearm with a matchlock, flintlock, percussion
89 14 cap, or similar type of ignition system, manufactured in
89 15 or before 1898 or any firearm which is a replica of such a
89 16 firearm if such replica is not designed or redesigned for using
89 17 conventional rimfire or centerfire fixed ammunition or which
89 18 uses only rimfire or centerfire fixed ammunition which is no
89 19 longer manufactured in the United States and which is not
89 20 readily available in the ordinary channels of commercial trade.
89 21 Sec. 195. Section 725.1, subsection 1, paragraph c, Code
89 22 2015, is amended to read as follows:
89 23 c. If the person who sells or offers for sale the person's
89 24 services as a partner in a sex act is under the age of eighteen,
89 25 upon the expiration of two years following the person's
89 26 conviction for a violation of paragraph "a" or of a similar
89 27 local ordinance, the person may petition the court to expunge
89 28 the conviction, and if the person has had no other criminal
89 29 convictions, other than local traffic violations or simple
89 30 misdemeanor violations of chapter 321 during the two=year
89 31 period, the conviction shall be expunged as a matter of
89 32 law. The court shall enter an order that the record of the
89 33 conviction be expunged by the clerk of the district court.
89 34 Notwithstanding section 692.2, after receipt of notice from
89 35 the clerk of the district court that a record of conviction
90 1 has been expunged for a violation of paragraph "a" has been
90 2 expunged, the record of conviction shall be removed from the
90 3 criminal history data files maintained by the department of
90 4 public safety.
90 5 Sec. 196. Section 915.50, subsection 3, Code 2015, is
90 6 amended to read as follows:
90 7 3. The right to receive a criminal no=contact order upon a
90 8 finding of probable cause, pursuant to section 664A.3.
90 9 Sec. 197. Section 915.50A, subsection 2, Code 2015, is
90 10 amended to read as follows:
90 11 2. The right to receive a criminal no=contact order upon a
90 12 finding of probable cause, pursuant to section 664A.3.
90 13 Sec. 198. REPEAL. Sections 123.6, 123.7, 123.12, and
90 14 507C.8, Code 2015, are repealed.
90 15 Sec. 199. REPEAL. 2013 Iowa Acts, chapter 125, division II,
90 16 is repealed.
90 17 Sec. 200. Section 633B.213, subsection 1, unnumbered
90 18 paragraph 1, as enacted by 2014 Iowa Acts, chapter 1078,
90 19 section 38, is amended to read as follows:
90 20 Unless the power of attorney otherwise provides and subject
90 21 to subsection section 633B.201, language in a power of attorney
90 22 granting general authority with respect to personal and family
90 23 maintenance authorizes the agent to do all of the following:
90 24 Sec. 201. REPEAL. 2014 Iowa Acts, chapter 1080, section
90 25 121, is repealed.
90 26 Sec. 202. REPEAL. 2014 Iowa Acts, chapter 1092, sections
90 27 153 and 199, are repealed.
90 28 Sec. 203. 2014 Iowa Acts, chapter 1092, section 197,
90 29 subsection 2, is amended by striking the subsection.
90 30 Sec. 204. CODE EDITOR DIRECTIVE ==== TRANSFERS.
90 31 1. The Code editor shall transfer and renumber the following
90 32 sections as follows:
90 33 a. Section 123.9 to become section 123.6.
90 34 b. Section 123.10 to become section 123.7.
90 35 c. Section 123.16 to become section 123.8.
91 1 d. Section 123.20 to become section 123.9.
91 2 e. Section 123.21 to become section 123.10.
91 3 f. Section 123.13 to become section 123.12.
91 4 g. Section 123.17 to become section 123.13.
91 5 h. Section 123.18 to become section 123.15.
91 6 i. Section 123.55 to become section 123.16.
91 7 j. Section 123.53 to become section 123.17.
91 8 k. Section 123.54 to become section 123.18.
91 9 l. Section 123.19 to become section 123.23.
91 10 m. Section 226.47 to become section 226.1A.
91 11 n. Section 462A.69 to become section 462A.3A.
91 12 o. Section 462A.71 to become section 462A.3B.
91 13 2. The Code editor shall correct internal references as
91 14 necessary.
91 15 Sec. 205. EFFECTIVE UPON ENACTMENT. The following
91 16 provision or provisions of this division of this Act, being
91 17 deemed of immediate importance, take effect upon enactment:
91 18 1. The section of this Act amending section 237A.30,
91 19 subsection 1.
91 20 2. The section of this Act amending section 321.34,
91 21 subsection 27, paragraph "a".
91 22 Sec. 206. EFFECTIVE DATE. The following provision or
91 23 provisions of this division of this Act take effect June 30,
91 24 2021:
91 25 1. The section of this Act amending section 15.294,
91 26 subsection 4.
91 27 Sec. 207. EFFECTIVE DATE. The following provision or
91 28 provisions of this division of this Act take effect July 1,
91 29 2017:
91 30 1. The section of this Act amending section 124.401,
91 31 subsection 5, unnumbered paragraph 3.
91 32 Sec. 208. RETROACTIVE APPLICABILITY. The following
91 33 provision or provisions of this division of this Act apply
91 34 retroactively to July 1, 2010:
91 35 1. The section of this Act amending section 237A.30,
92 1 subsection 1.
92 2 Sec. 209. RETROACTIVE APPLICABILITY. The following
92 3 provision or provisions of this division of this Act apply
92 4 retroactively to July 1, 2014:
92 5 1. The section of this Act amending section 321.34,
92 6 subsection 27, paragraph "a".
92 7 Sec. 210. RETROACTIVE APPLICABILITY. The following
92 8 provision or provisions of this division of this Act apply
92 9 retroactively to January 1, 2014, for tax years beginning on
92 10 or after that date:
92 11 1. The section of this Act amending section 422.11L.
92 12 DIVISION II
92 13 REENACTMENT OF DIVISION II OF 2014 IOWA ACTS, CH. 1106
92 14 Sec. 211. NEW SECTION. 135.153A Safety net provider
92 15 recruitment and retention initiatives program ==== repeal.
92 16 The department, in accordance with efforts pursuant to
92 17 sections 135.163 and 135.164 and in cooperation with the Iowa
92 18 collaborative safety net provider network governing group as
92 19 described in section 135.153, shall establish and administer
92 20 a safety net provider recruitment and retention initiatives
92 21 program to address the health care workforce shortage relative
92 22 to safety net providers. Funding for the program may be
92 23 provided through the health care workforce shortage fund or
92 24 the safety net provider network workforce shortage account
92 25 created in section 135.175. The department, in cooperation
92 26 with the governing group, shall adopt rules pursuant to chapter
92 27 17A to implement and administer such program. This section is
92 28 repealed June 30, 2016.
92 29 Sec. 212. NEW SECTION. 135.175 Health care workforce
92 30 support initiative ==== workforce shortage fund ==== accounts.
92 31 1. a. A health care workforce support initiative is
92 32 established to provide for the coordination and support of
92 33 various efforts to address the health care workforce shortage
92 34 in this state. This initiative shall include the medical
92 35 residency training state matching grants program created in
93 1 section 135.176, the nurse residency state matching grants
93 2 program created in section 135.178, the fulfilling Iowa's need
93 3 for dentists matching grant program created in section 135.179,
93 4 the health care professional incentive payment program and
93 5 Iowa needs nurses now initiative created in sections 261.128
93 6 and 261.129, the safety net provider recruitment and retention
93 7 initiatives program created in section 135.153A, health care
93 8 workforce shortage national initiatives, and the physician
93 9 assistant mental health fellowship program created in section
93 10 135.177.
93 11 b. A health care workforce shortage fund is created in
93 12 the state treasury as a separate fund under the control of
93 13 the department, in cooperation with the entities identified
93 14 in this section as having control over the accounts within
93 15 the fund. The fund and the accounts within the fund shall
93 16 be controlled and managed in a manner consistent with the
93 17 principles specified and the strategic plan developed pursuant
93 18 to sections 135.163 and 135.164.
93 19 2. The fund and the accounts within the fund shall consist
93 20 of moneys appropriated from the general fund of the state for
93 21 the purposes of the fund or the accounts within the fund;
93 22 moneys received from the federal government for the purposes of
93 23 addressing the health care workforce shortage; contributions,
93 24 grants, and other moneys from communities and health care
93 25 employers; and moneys from any other public or private source
93 26 available.
93 27 3. The department and any entity identified in this section
93 28 as having control over any of the accounts within the fund,
93 29 may receive contributions, grants, and in=kind contributions
93 30 to support the purposes of the fund and the accounts within
93 31 the fund. Not more than five percent of the moneys allocated
93 32 to any account within the fund may be used for administrative
93 33 costs.
93 34 4. The fund and the accounts within the fund shall be
93 35 separate from the general fund of the state and shall not be
94 1 considered part of the general fund of the state. The moneys
94 2 in the fund and the accounts within the fund shall not be
94 3 considered revenue of the state, but rather shall be moneys
94 4 of the fund or the accounts. The moneys in the fund and the
94 5 accounts within the fund are not subject to section 8.33 and
94 6 shall not be transferred, used, obligated, appropriated, or
94 7 otherwise encumbered, except to provide for the purposes of
94 8 this section. Notwithstanding section 12C.7, subsection 2,
94 9 interest or earnings on moneys deposited in the fund shall be
94 10 credited to the fund and the accounts within the fund.
94 11 5. The fund shall consist of the following accounts:
94 12 a. The medical residency training account. The medical
94 13 residency training account shall be under the control of the
94 14 department and the moneys in the account shall be used for
94 15 the purposes of the medical residency training state matching
94 16 grants program as specified in section 135.176. Moneys in
94 17 the account shall consist of moneys appropriated or allocated
94 18 for deposit in or received by the fund or the account and
94 19 specifically dedicated to the medical residency training state
94 20 matching grants program or account for the purposes of such
94 21 account.
94 22 b. The health care professional and Iowa needs nurses now
94 23 initiative account. The health care professional and Iowa
94 24 needs nurses now initiative account shall be under the control
94 25 of the college student aid commission created in section 261.1
94 26 and the moneys in the account shall be used for the purposes
94 27 of the health care professional incentive payment program and
94 28 the Iowa needs nurses now initiative as specified in sections
94 29 261.128 and 261.129. Moneys in the account shall consist of
94 30 moneys appropriated or allocated for deposit in or received
94 31 by the fund or the account and specifically dedicated to the
94 32 health care professional and Iowa needs nurses now initiative
94 33 or the account for the purposes of the account.
94 34 c. The safety net provider network workforce shortage
94 35 account. The safety net provider network workforce shortage
95 1 account shall be under the control of the governing group of
95 2 the Iowa collaborative safety net provider network created in
95 3 section 135.153 and the moneys in the account shall be used
95 4 for the purposes of the safety net provider recruitment and
95 5 retention initiatives program as specified in section 135.153A.
95 6 Moneys in the account shall consist of moneys appropriated
95 7 or allocated for deposit in or received by the fund or the
95 8 account and specifically dedicated to the safety net provider
95 9 recruitment and retention initiatives program or the account
95 10 for the purposes of the account.
95 11 d. The health care workforce shortage national initiatives
95 12 account. The health care workforce shortage national
95 13 initiatives account shall be under the control of the state
95 14 entity identified for receipt of the federal funds by the
95 15 federal government entity through which the federal funding
95 16 is available for a specified health care workforce shortage
95 17 initiative. Moneys in the account shall consist of moneys
95 18 appropriated or allocated for deposit in or received by the
95 19 fund or the account and specifically dedicated to health care
95 20 workforce shortage national initiatives or the account and for
95 21 a specified health care workforce shortage initiative.
95 22 e. The physician assistant mental health fellowship program
95 23 account. The physician assistant mental health fellowship
95 24 program account shall be under the control of the department
95 25 and the moneys in the account shall be used for the purposes
95 26 of the physician assistant mental health fellowship program
95 27 as specified in section 135.177. Moneys in the account shall
95 28 consist of moneys appropriated or allocated for deposit in or
95 29 received by the fund or the account and specifically dedicated
95 30 to the physician assistant mental health fellowship program or
95 31 the account for the purposes of the account.
95 32 f. The Iowa needs nurses now infrastructure account. The
95 33 Iowa needs nurses now infrastructure account shall be under
95 34 the control of the department and the moneys in the account
95 35 shall be used to award grants in accordance with rules adopted
96 1 by the department, in consultation with the board of nursing,
96 2 the department of education, and a statewide association that
96 3 represents nurses specified by the director, pursuant to
96 4 chapter 17A, for clinical simulators, laboratory facilities,
96 5 health information technology, and other infrastructure to
96 6 improve the training of nurses and nurse educators in the state
96 7 and to enhance the clinical experience for nurses. Grants
96 8 awarded shall authorize the use of a reasonable portion of the
96 9 grant moneys for training in the use of the infrastructure
96 10 purchased with the grant moneys. Moneys in the account shall
96 11 consist of moneys appropriated or allocated for deposit in or
96 12 received by the fund or the account and specifically dedicated
96 13 to the Iowa needs nurses now infrastructure account for the
96 14 purposes of the account.
96 15 g. The nurse residency state matching grants program
96 16 account. The nurse residency state matching grants program
96 17 account shall be under the control of the department and the
96 18 moneys in the account shall be used for the purposes of the
96 19 nurse residency state matching grants program as specified
96 20 in section 135.178. Moneys in the account shall consist of
96 21 moneys appropriated or allocated for deposit in or received
96 22 by the fund or the account and specifically dedicated to the
96 23 nurse residency state matching grants program account for the
96 24 purposes of such account.
96 25 h. The fulfilling Iowa's need for dentists matching grant
96 26 program account. The fulfilling Iowa's need for dentists
96 27 matching grant program account shall be under the control of
96 28 the department and the moneys in the account shall be used
96 29 for the purposes of the fulfilling Iowa's need for dentists
96 30 matching grant program as specified in section 135.179.
96 31 Moneys in the account shall consist of moneys appropriated or
96 32 allocated for deposit in the account or received by the fund
96 33 or the account and specifically dedicated to the fulfilling
96 34 Iowa's need for dentists matching grant program account for the
96 35 purposes of such account.
97 1 6. a. Moneys in the fund and the accounts in the fund
97 2 shall only be appropriated in a manner consistent with the
97 3 principles specified and the strategic plan developed pursuant
97 4 to sections 135.163 and 135.164 to support the medical
97 5 residency training state matching grants program, the nurse
97 6 residency state matching grants program, the fulfilling Iowa's
97 7 need for dentists matching grant program, the health care
97 8 professional incentive payment program, the Iowa needs nurses
97 9 now initiative, the safety net recruitment and retention
97 10 initiatives program, for national health care workforce
97 11 shortage initiatives, for the physician assistant mental health
97 12 fellowship program, for the purposes of the Iowa needs nurses
97 13 now infrastructure account, and to provide funding for state
97 14 health care workforce shortage programs as provided in this
97 15 section.
97 16 b. State programs that may receive funding from the fund
97 17 and the accounts in the fund, if specifically designated
97 18 for the purpose of drawing down federal funding, are the
97 19 primary care recruitment and retention endeavor (PRIMECARRE),
97 20 the Iowa affiliate of the national rural recruitment and
97 21 retention network, the primary care office shortage designation
97 22 program, the state office of rural health, and the Iowa health
97 23 workforce center, administered through the bureau of health
97 24 care access of the department of public health; the area
97 25 health education centers programs at Des Moines university ====
97 26 osteopathic medical center and the university of Iowa; the Iowa
97 27 collaborative safety net provider network established pursuant
97 28 to section 135.153; any entity identified by the federal
97 29 government entity through which federal funding for a specified
97 30 health care workforce shortage initiative is received; and
97 31 a program developed in accordance with the strategic plan
97 32 developed by the department of public health in accordance with
97 33 sections 135.163 and 135.164.
97 34 c. State appropriations to the fund shall be allocated in
97 35 equal amounts to each of the accounts within the fund, unless
98 1 otherwise specified in the appropriation or allocation. Any
98 2 federal funding received for the purposes of addressing state
98 3 health care workforce shortages shall be deposited in the
98 4 health care workforce shortage national initiatives account,
98 5 unless otherwise specified by the source of the funds, and
98 6 shall be used as required by the source of the funds. If
98 7 use of the federal funding is not designated, twenty=five
98 8 percent of such funding shall be deposited in the safety net
98 9 provider network workforce shortage account to be used for the
98 10 purposes of the account and the remainder of the funds shall
98 11 be used in accordance with the strategic plan developed by the
98 12 department of public health in accordance with sections 135.163
98 13 and 135.164, or to address workforce shortages as otherwise
98 14 designated by the department of public health. Other sources
98 15 of funding shall be deposited in the fund or account and used
98 16 as specified by the source of the funding.
98 17 7. No more than five percent of the moneys in any of the
98 18 accounts within the fund, not to exceed one hundred thousand
98 19 dollars in each account, shall be used for administrative
98 20 purposes, unless otherwise provided by the appropriation,
98 21 allocation, or source of the funds.
98 22 8. The department, in cooperation with the entities
98 23 identified in this section as having control over any of the
98 24 accounts within the fund, shall submit an annual report to the
98 25 governor and the general assembly regarding the status of the
98 26 health care workforce support initiative, including the balance
98 27 remaining in and appropriations from the health care workforce
98 28 shortage fund and the accounts within the fund.
98 29 Sec. 213. NEW SECTION. 135.176 Medical residency training
98 30 state matching grants program.
98 31 1. The department shall establish a medical residency
98 32 training state matching grants program to provide matching
98 33 state funding to sponsors of accredited graduate medical
98 34 education residency programs in this state to establish,
98 35 expand, or support medical residency training programs.
99 1 Funding for the program may be provided through the health
99 2 care workforce shortage fund or the medical residency training
99 3 account created in section 135.175. For the purposes of this
99 4 section, unless the context otherwise requires, "accredited"
99 5 means a graduate medical education program approved by the
99 6 accreditation council for graduate medical education or the
99 7 American osteopathic association. The grant funds may be
99 8 used to support medical residency programs through any of the
99 9 following:
99 10 a. The establishment of new or alternative campus accredited
99 11 medical residency training programs. For the purposes of
99 12 this paragraph, "new or alternative campus accredited medical
99 13 residency training program" means a program that is accredited
99 14 by a recognized entity approved for such purpose by the
99 15 accreditation council for graduate medical education or the
99 16 American osteopathic association with the exception that
99 17 a new medical residency training program that, by reason
99 18 of an insufficient period of operation is not eligible for
99 19 accreditation on or before the date of submission of an
99 20 application for a grant, may be deemed accredited if the
99 21 accreditation council for graduate medical education or the
99 22 American osteopathic association finds, after consultation with
99 23 the appropriate accreditation entity, that there is reasonable
99 24 assurance that the program will meet the accreditation
99 25 standards of the entity prior to the date of graduation of the
99 26 initial class in the program.
99 27 b. The provision of new residency positions within existing
99 28 accredited medical residency or fellowship training programs.
99 29 c. The funding of residency positions which are in excess of
99 30 the federal residency cap. For the purposes of this paragraph,
99 31 "in excess of the federal residency cap" means a residency
99 32 position for which no federal Medicare funding is available
99 33 because the residency position is a position beyond the cap for
99 34 residency positions established by the federal Balanced Budget
99 35 Act of 1997, Pub. L. No. 105=33.
100 1 2. The department shall adopt rules pursuant to chapter 17A
100 2 to provide for all of the following:
100 3 a. Eligibility requirements for and qualifications
100 4 of a sponsor of an accredited graduate medical education
100 5 residency program to receive a grant. The requirements and
100 6 qualifications shall include but are not limited to all of the
100 7 following:
100 8 (1) Only a sponsor that establishes a dedicated fund to
100 9 support a residency program that meets the specifications of
100 10 this section shall be eligible to receive a matching grant. A
100 11 sponsor funding residency positions in excess of the federal
100 12 residency cap, as defined in subsection 1, paragraph "c",
100 13 exclusive of funds provided under the medical residency
100 14 training state matching grants program established in this
100 15 section, is deemed to have satisfied this requirement and
100 16 shall be eligible for a matching grant equal to the amount of
100 17 funds expended for such residency positions, subject to the
100 18 limitation on the maximum award of grant funds specified in
100 19 paragraph "e".
100 20 (2) A sponsor shall demonstrate, through documented
100 21 financial information as prescribed by rule of the department,
100 22 that funds have been reserved and will be expended by the
100 23 sponsor in the amount required to provide matching funds for
100 24 each residency proposed in the request for state matching
100 25 funds.
100 26 (3) A sponsor shall demonstrate, through objective evidence
100 27 as prescribed by rule of the department, a need for such
100 28 residency program in the state.
100 29 b. The application process for the grant.
100 30 c. Criteria for preference in awarding of the grants,
100 31 including preference in the residency specialty.
100 32 d. Determination of the amount of a grant. The total amount
100 33 of a grant awarded to a sponsor shall be limited to no more
100 34 than twenty=five percent of the amount that the sponsor has
100 35 demonstrated through documented financial information has been
101 1 reserved and will be expended by the sponsor for each residency
101 2 sponsored for the purpose of the residency program.
101 3 e. The maximum award of grant funds to a particular
101 4 individual sponsor per year. An individual sponsor shall not
101 5 receive more than twenty=five percent of the state matching
101 6 funds available each year to support the program. However,
101 7 if less than ninety=five percent of the available funds has
101 8 been awarded in a given year, a sponsor may receive more than
101 9 twenty=five percent of the state matching funds available
101 10 if total funds awarded do not exceed ninety=five percent of
101 11 the available funds. If more than one sponsor meets the
101 12 requirements of this section and has established, expanded,
101 13 or supported a graduate medical residency training program,
101 14 as specified in subsection 1, in excess of the sponsor's
101 15 twenty=five percent maximum share of state matching funds, the
101 16 state matching funds shall be divided proportionately among
101 17 such sponsors.
101 18 f. Use of the funds awarded. Funds may be used to pay the
101 19 costs of establishing, expanding, or supporting an accredited
101 20 graduate medical education program as specified in this
101 21 section, including but not limited to the costs associated with
101 22 residency stipends and physician faculty stipends.
101 23 Sec. 214. NEW SECTION. 135.177 Physician assistant mental
101 24 health fellowship program ==== repeal.
101 25 1. The department, in cooperation with the college student
101 26 aid commission, shall establish a physician assistant mental
101 27 health fellowship program in accordance with this section.
101 28 Funding for the program may be provided through the health
101 29 care workforce shortage fund or the physician assistant mental
101 30 health fellowship program account created in section 135.175.
101 31 The purpose of the program is to determine the effect of
101 32 specialized training and support for physician assistants in
101 33 providing mental health services on addressing Iowa's shortage
101 34 of mental health professionals.
101 35 2. The program shall provide for all of the following:
102 1 a. Collaboration with a hospital serving a thirteen=county
102 2 area in central Iowa that provides a clinic at the Iowa
102 3 veterans home, a private nonprofit agency headquartered in a
102 4 city with a population of more than one hundred ninety thousand
102 5 that operates a freestanding psychiatric medical institution
102 6 for children, a private university with a medical school
102 7 educating osteopathic physicians located in a city with a
102 8 population of more than one hundred ninety thousand, the Iowa
102 9 veterans home, and any other clinical partner designated for
102 10 the program. Population figures used in this paragraph refer
102 11 to the most recent certified federal census. The clinical
102 12 partners shall provide supervision, clinical experience,
102 13 training, and other support for the program and physician
102 14 assistant students participating in the program.
102 15 b. Elderly, youth, and general population clinical
102 16 experiences.
102 17 c. A fellowship of twelve months for three physician
102 18 assistant students, annually.
102 19 d. Supervision of students participating in the program
102 20 provided by the university and the other clinical partners
102 21 participating in the program.
102 22 e. A student participating in the program shall be eligible
102 23 for a stipend of not more than fifty thousand dollars for the
102 24 twelve months of the fellowship plus related fringe benefits.
102 25 In addition, a student who completes the program and practices
102 26 in Iowa in a mental health professional shortage area, as
102 27 defined in section 135.180, shall be eligible for up to twenty
102 28 thousand dollars in loan forgiveness. The stipend and loan
102 29 forgiveness provisions shall be determined by the department
102 30 and the college student aid commission, in consultation with
102 31 the clinical partners.
102 32 f. The state and private entity clinical partners shall
102 33 regularly evaluate and document their experiences with the
102 34 approaches utilized and outcomes achieved by the program
102 35 to identify an optimal model for operating the program.
103 1 The evaluation process shall include but is not limited
103 2 to identifying ways the program's clinical and training
103 3 components could be modified to facilitate other student and
103 4 practicing physician assistants specializing as mental health
103 5 professionals.
103 6 3. This section is repealed June 30, 2016.
103 7 Sec. 215. NEW SECTION. 135.178 Nurse residency state
103 8 matching grants program ==== repeal.
103 9 1. The department shall establish a nurse residency state
103 10 matching grants program to provide matching state funding
103 11 to sponsors of nurse residency programs in this state to
103 12 establish, expand, or support nurse residency programs that
103 13 meet standards adopted by rule of the department. Funding for
103 14 the program may be provided through the health care workforce
103 15 shortage fund or the nurse residency state matching grants
103 16 program account created in section 135.175. The department,
103 17 in cooperation with the Iowa board of nursing, the department
103 18 of education, Iowa institutions of higher education with board
103 19 of nursing=approved programs to educate nurses, and the Iowa
103 20 nurses association, shall adopt rules pursuant to chapter 17A
103 21 to establish minimum standards for nurse residency programs
103 22 to be eligible for a matching grant that address all of the
103 23 following:
103 24 a. Eligibility requirements for and qualifications of
103 25 a sponsor of a nurse residency program to receive a grant,
103 26 including that the program includes both rural and urban
103 27 components.
103 28 b. The application process for the grant.
103 29 c. Criteria for preference in awarding of the grants.
103 30 d. Determination of the amount of a grant.
103 31 e. Use of the funds awarded. Funds may be used to pay
103 32 the costs of establishing, expanding, or supporting a nurse
103 33 residency program as specified in this section, including but
103 34 not limited to the costs associated with residency stipends and
103 35 nursing faculty stipends.
104 1 2. This section is repealed June 30, 2016.
104 2 Sec. 216. NEW SECTION. 261.128 Health care professional
104 3 incentive payment program ==== repeal.
104 4 1. The commission shall establish a health care
104 5 professional incentive payment program to recruit and retain
104 6 health care professionals in this state. Funding for the
104 7 program may be provided through the health care workforce
104 8 shortage fund or the health care professional and Iowa needs
104 9 nurses now initiative account created in section 135.175.
104 10 2. The commission shall administer the incentive payment
104 11 program with the assistance of Des Moines university ====
104 12 osteopathic medical center.
104 13 3. The commission, with the assistance of Des Moines
104 14 university ==== osteopathic medical center, shall adopt rules
104 15 pursuant to chapter 17A relating to the establishment and
104 16 administration of the health care professional incentive
104 17 payment program. The rules adopted shall address all of the
104 18 following:
104 19 a. Eligibility and qualification requirements for a
104 20 health care professional, a community, and a health care
104 21 employer to participate in the incentive payment program. Any
104 22 community in the state and all health care specialties shall be
104 23 considered for participation. However, health care employers
104 24 located in and communities that are designated as medically
104 25 underserved areas or populations or that are designated as
104 26 health professional shortage areas by the health resources
104 27 and services administration of the United States department
104 28 of health and human services shall have first priority in the
104 29 awarding of incentive payments.
104 30 (1) To be eligible, a health care professional at a minimum
104 31 must not have any unserved obligations to a federal, state, or
104 32 local government or other entity that would prevent compliance
104 33 with obligations under the agreement for the incentive payment;
104 34 must have a current and unrestricted license to practice the
104 35 professional's respective profession; and must be able to begin
105 1 full=time clinical practice upon signing an agreement for an
105 2 incentive payment.
105 3 (2) To be eligible, a community must provide a clinical
105 4 setting for full=time practice of a health care professional
105 5 and must provide a fifty thousand dollar matching contribution
105 6 for a physician and a fifteen thousand dollar matching
105 7 contribution for any other health care professional to receive
105 8 an equal amount of state matching funds.
105 9 (3) To be eligible, a health care employer must provide
105 10 a clinical setting for a full=time practice of a health care
105 11 professional and must provide a fifty thousand dollar matching
105 12 contribution for a physician and a fifteen thousand dollar
105 13 matching contribution for any other health care professional to
105 14 receive an equal amount of state matching funds.
105 15 b. The process for awarding incentive payments. The
105 16 commission shall receive recommendations from the department
105 17 of public health regarding selection of incentive payment
105 18 recipients. The process shall require each recipient to
105 19 enter into an agreement with the commission that specifies
105 20 the obligations of the recipient and the commission prior to
105 21 receiving the incentive payment.
105 22 c. Public awareness regarding the program including
105 23 notification of potential health care professionals,
105 24 communities, and health care employers about the program and
105 25 dissemination of applications to appropriate entities.
105 26 d. Measures regarding all of the following:
105 27 (1) The amount of the incentive payment and the specifics
105 28 of obligated service for an incentive payment recipient. An
105 29 incentive payment recipient shall agree to provide service in
105 30 full=time clinical practice for a minimum of four consecutive
105 31 years. If an incentive payment recipient is sponsored by a
105 32 community or health care employer, the obligated service shall
105 33 be provided in the sponsoring community or health care employer
105 34 location. An incentive payment recipient sponsored by a health
105 35 care employer shall agree to provide health care services as
106 1 specified in an employment agreement with the sponsoring health
106 2 care employer.
106 3 (2) Determination of the conditions of the incentive
106 4 payment applicable to an incentive payment recipient. At
106 5 the time of approval for participation in the program, an
106 6 incentive payment recipient shall be required to submit proof
106 7 of indebtedness incurred as the result of obtaining loans to
106 8 pay for educational costs resulting in a degree in health
106 9 sciences. For the purposes of this subparagraph, "indebtedness"
106 10 means debt incurred from obtaining a government or commercial
106 11 loan for actual costs paid for tuition, reasonable education
106 12 expenses, and reasonable living expenses related to the
106 13 graduate, undergraduate, or associate education of a health
106 14 care professional.
106 15 (3) Enforcement of the state's rights under an incentive
106 16 payment agreement, including the commencement of any court
106 17 action. A recipient who fails to fulfill the requirements
106 18 of the incentive payment agreement is subject to repayment
106 19 of the incentive payment in an amount equal to the amount of
106 20 the incentive payment. A recipient who fails to meet the
106 21 requirements of the incentive payment agreement may also be
106 22 subject to repayment of moneys advanced by a community or
106 23 health care employer as provided in any agreement with the
106 24 community or employer.
106 25 (4) A process for monitoring compliance with eligibility
106 26 requirements, obligated service provisions, and use of funds by
106 27 recipients to verify eligibility of recipients and to ensure
106 28 that state, federal, and other matching funds are used in
106 29 accordance with program requirements.
106 30 (5) The use of the funds received. Any portion of the
106 31 incentive payment that is attributable to federal funds shall
106 32 be used as required by the federal entity providing the funds.
106 33 Any portion of the incentive payment that is attributable
106 34 to state funds shall first be used toward payment of any
106 35 outstanding loan indebtedness of the recipient. The remaining
107 1 portion of the incentive payment shall be used as specified in
107 2 the incentive payment agreement.
107 3 4. A recipient is responsible for reporting on federal
107 4 income tax forms any amount received through the program,
107 5 to the extent required by federal law. Incentive payments
107 6 received through the program by a recipient in compliance with
107 7 the requirements of the incentive payment program are exempt
107 8 from state income taxation.
107 9 5. This section is repealed June 30, 2016.
107 10 Sec. 217. NEW SECTION. 261.129 Iowa needs nurses now
107 11 initiative ==== repeal.
107 12 1. Nurse educator incentive payment program.
107 13 a. The commission shall establish a nurse educator
107 14 incentive payment program. Funding for the program may be
107 15 provided through the health care workforce shortage fund or the
107 16 health care professional and Iowa needs nurses now initiative
107 17 account created in section 135.175. For the purposes of this
107 18 subsection, "nurse educator" means a registered nurse who holds
107 19 a master's degree or doctorate degree and is employed as a
107 20 faculty member who teaches nursing in a nursing education
107 21 program as provided in 655 IAC 2.6 at a community college, an
107 22 accredited private institution, or an institution of higher
107 23 education governed by the state board of regents.
107 24 b. The program shall consist of incentive payments to
107 25 recruit and retain nurse educators. The program shall provide
107 26 for incentive payments of up to twenty thousand dollars for a
107 27 nurse educator who remains teaching in a qualifying teaching
107 28 position for a period of not less than four consecutive
107 29 academic years.
107 30 c. The nurse educator and the commission shall enter into an
107 31 agreement specifying the obligations of the nurse educator and
107 32 the commission. If the nurse educator leaves the qualifying
107 33 teaching position prior to teaching for four consecutive
107 34 academic years, the nurse educator shall be liable to repay
107 35 the incentive payment amount to the state, plus interest as
108 1 specified by rule. However, if the nurse educator leaves
108 2 the qualifying teaching position involuntarily, the nurse
108 3 educator shall be liable to repay only a pro rata amount of the
108 4 incentive payment based on incompleted years of service.
108 5 d. The commission, in consultation with the department
108 6 of public health, the board of nursing, the department of
108 7 education, and the Iowa nurses association, shall adopt rules
108 8 pursuant to chapter 17A relating to the establishment and
108 9 administration of the nurse educator incentive payment program.
108 10 The rules shall include provisions specifying what constitutes
108 11 a qualifying teaching position.
108 12 2. Nursing faculty fellowship program.
108 13 a. The commission shall establish a nursing faculty
108 14 fellowship program to provide funds to nursing schools in the
108 15 state, including but not limited to nursing schools located at
108 16 community colleges, for fellowships for individuals employed
108 17 in qualifying positions on the nursing faculty. Funding for
108 18 the program may be provided through the health care workforce
108 19 shortage fund or the health care professional and the Iowa
108 20 needs nurses now initiative account created in section 135.175.
108 21 The program shall be designed to assist nursing schools in
108 22 filling vacancies in qualifying positions throughout the state.
108 23 b. The commission, in consultation with the department
108 24 of public health, the board of nursing, the department of
108 25 education, and the Iowa nurses association, and in cooperation
108 26 with nursing schools throughout the state, shall develop a
108 27 distribution formula which shall provide that no more than
108 28 thirty percent of the available moneys are awarded to a single
108 29 nursing school. Additionally, the program shall limit funding
108 30 for a qualifying position in a nursing school to no more than
108 31 ten thousand dollars per year for up to three years.
108 32 c. The commission, in consultation with the department
108 33 of public health, the board of nursing, the department of
108 34 education, and the Iowa nurses association, shall adopt
108 35 rules pursuant to chapter 17A to administer the program. The
109 1 rules shall include provisions specifying what constitutes a
109 2 qualifying position at a nursing school.
109 3 d. In determining eligibility for a fellowship, the
109 4 commission shall consider all of the following:
109 5 (1) The length of time a qualifying position has gone
109 6 unfilled at a nursing school.
109 7 (2) Documented recruiting efforts by a nursing school.
109 8 (3) The geographic location of a nursing school.
109 9 (4) The type of nursing program offered at the nursing
109 10 school, including associate, bachelor's, master's, or doctoral
109 11 degrees in nursing, and the need for the specific nursing
109 12 program in the state.
109 13 3. Nurse educator scholarship program.
109 14 a. The commission shall establish a nurse educator
109 15 scholarship program. Funding for the program may be provided
109 16 through the health care workforce shortage fund or the health
109 17 care professional and the Iowa needs nurses now initiative
109 18 account created in section 135.175. The goal of the nurse
109 19 educator scholarship program is to address the waiting list of
109 20 qualified applicants to Iowa's nursing schools by providing
109 21 incentives for the training of additional nursing educators.
109 22 For the purposes of this subsection, "nurse educator" means
109 23 a registered nurse who holds a master's degree or doctorate
109 24 degree and is employed as a faculty member who teaches nursing
109 25 in a nursing education program as provided in 655 IAC 2.6 at
109 26 a community college, an accredited private institution, or an
109 27 institution of higher education governed by the state board of
109 28 regents.
109 29 b. The program shall consist of scholarships to further
109 30 advance the education of nurses to become nurse educators. The
109 31 program shall provide for scholarship payments in an amount
109 32 established by rule for students who are preparing to teach in
109 33 qualifying teaching positions.
109 34 c. The commission, in consultation with the department
109 35 of public health, the board of nursing, the department of
110 1 education, and the Iowa nurses association, shall adopt rules
110 2 pursuant to chapter 17A relating to the establishment and
110 3 administration of the nurse educator scholarship program. The
110 4 rules shall include provisions specifying what constitutes a
110 5 qualifying teaching position and the amount of any scholarship.
110 6 4. Nurse educator scholarship=in=exchange=for=service
110 7 program.
110 8 a. The commission shall establish a nurse educator
110 9 scholarship=in=exchange=for=service program. Funding for the
110 10 program may be provided through the health care workforce
110 11 shortage fund or the health care professional and Iowa needs
110 12 nurses now initiative account created in section 135.175. The
110 13 goal of the nurse educator scholarship=in=exchange=for=service
110 14 program is to address the waiting list of qualified applicants
110 15 to Iowa's nursing schools by providing incentives for the
110 16 education of additional nursing educators. For the purposes
110 17 of this subsection, "nurse educator" means a registered nurse
110 18 who holds a master's degree or doctorate degree and is employed
110 19 as a faculty member who teaches nursing in a nursing education
110 20 program as provided in 655 IAC 2.6 at a community college, an
110 21 accredited private institution, or an institution of higher
110 22 education governed by the state board of regents.
110 23 b. The program shall consist of scholarships to further
110 24 advance the education of nurses to become nurse educators. The
110 25 program shall provide for scholarship=in=exchange=for=service
110 26 payments in an amount established by rule for students who
110 27 are preparing to teach in qualifying teaching positions for a
110 28 period of not less than four consecutive academic years.
110 29 c. The scholarship=in=exchange=for=service recipient
110 30 and the commission shall enter into an agreement specifying
110 31 the obligations of the applicant and the commission.
110 32 If the nurse educator leaves the qualifying teaching
110 33 position prior to teaching for four consecutive academic
110 34 years, the nurse educator shall be liable to repay the
110 35 scholarship=in=exchange=for=service amount to the state plus
111 1 interest as specified by rule. However, if the nurse educator
111 2 leaves the qualified teaching position involuntarily, the nurse
111 3 educator shall be liable to repay only a pro rata amount of the
111 4 scholarship based on incomplete years of service.
111 5 d. The receipt of a nurse educator
111 6 scholarship=in=exchange=for=service shall not impact
111 7 eligibility of an individual for other financial incentives
111 8 including but not limited to loan forgiveness programs.
111 9 e. The commission, in consultation with the department
111 10 of public health, the board of nursing, the department
111 11 of education, and the Iowa nurses association, shall
111 12 adopt rules pursuant to chapter 17A relating to the
111 13 establishment and administration of the nurse educator
111 14 scholarship=in=exchange=for=service program. The rules
111 15 shall include the provisions specifying what constitutes
111 16 a qualifying teaching position and the amount of any
111 17 scholarship=in=exchange=for=service.
111 18 5. Repeal. This section is repealed June 30, 2016.
111 19 Sec. 218. EFFECTIVE UPON ENACTMENT. This division of this
111 20 Act, being deemed of immediate importance, takes effect upon
111 21 enactment.
111 22 Sec. 219. RETROACTIVE APPLICABILITY. This division of this
111 23 Act applies retroactively to June 30, 2014.
111 24 DIVISION III
111 25 REENACTMENT OF DIVISION III OF 2014 IOWA ACTS, CH. 1106
111 26 Sec. 220. Section 135.175, subsection 1, paragraph a, as
111 27 enacted in this Act, is amended to read as follows:
111 28 a. A health care workforce support initiative is established
111 29 to provide for the coordination and support of various efforts
111 30 to address the health care workforce shortage in this state.
111 31 This initiative shall include the medical residency training
111 32 state matching grants program created in section 135.176,
111 33 the nurse residency state matching grants program created
111 34 in section 135.178, the fulfilling Iowa's need for dentists
111 35 matching grant program created in section 135.179, the health
112 1 care professional incentive payment program and Iowa needs
112 2 nurses now initiative created in sections 261.128 and 261.129,
112 3 the safety net provider recruitment and retention initiatives
112 4 program created in section 135.153A, and health care workforce
112 5 shortage national initiatives, and the physician assistant
112 6 mental health fellowship program created in section 135.177.
112 7 Sec. 221. Section 135.175, subsection 5, paragraphs b, c, e,
112 8 f, and g, as enacted in this Act, are amended by striking the
112 9 paragraphs.
112 10 Sec. 222. Section 135.175, subsection 6, paragraphs a and c,
112 11 as enacted in this Act, are amended to read as follows:
112 12 a. Moneys in the fund and the accounts in the fund
112 13 shall only be appropriated in a manner consistent with the
112 14 principles specified and the strategic plan developed pursuant
112 15 to sections 135.163 and 135.164 to support the medical
112 16 residency training state matching grants program, the nurse
112 17 residency state matching grants program, the fulfilling Iowa's
112 18 need for dentists matching grant program, the health care
112 19 professional incentive payment program, the Iowa needs nurses
112 20 now initiative, the safety net recruitment and retention
112 21 initiatives program, for national health care workforce
112 22 shortage initiatives, for the physician assistant mental health
112 23 fellowship program, for the purposes of the Iowa needs nurses
112 24 now infrastructure account, and to provide funding for state
112 25 health care workforce shortage programs as provided in this
112 26 section.
112 27 c. State appropriations to the fund shall be allocated in
112 28 equal amounts to each of the accounts within the fund, unless
112 29 otherwise specified in the appropriation or allocation. Any
112 30 federal funding received for the purposes of addressing state
112 31 health care workforce shortages shall be deposited in the
112 32 health care workforce shortage national initiatives account,
112 33 unless otherwise specified by the source of the funds, and
112 34 shall be used as required by the source of the funds. If
112 35 use of the federal funding is not designated, twenty=five
113 1 percent of such funding shall be deposited in the safety net
113 2 provider network workforce shortage account to be used for the
113 3 purposes of the account and the remainder of the funds shall
113 4 be used in accordance with the strategic plan developed by the
113 5 department of public health in accordance with sections 135.163
113 6 and 135.164, or to address workforce shortages as otherwise
113 7 designated by the department of public health. Other sources
113 8 of funding shall be deposited in the fund or account and used
113 9 as specified by the source of the funding.
113 10 Sec. 223. EFFECTIVE DATE. This division of this Act takes
113 11 effect July 1, 2016.
113 12 DIVISION IV
113 13 CORRESPONDING CHANGES
113 14 Sec. 224. Section 249A.3, subsection 11, paragraph b, Code
113 15 2015, is amended to read as follows:
113 16 b. The department shall exercise the option provided in
113 17 42 U.S.C. {1396p(c) to provide a period of ineligibility
113 18 for medical assistance due to a transfer of assets by
113 19 a noninstitutionalized individual or the spouse of a
113 20 noninstitutionalized individual. For noninstitutionalized
113 21 individuals, the number of months of ineligibility shall be
113 22 equal to the total, cumulative uncompensated value of all
113 23 assets transferred by the individual or the individual's
113 24 spouse on or after the look=back date specified in 42
113 25 U.S.C. {1396p(c)(1)(B)(i), divided by the average monthly
113 26 cost to a private patient for nursing facility services in
113 27 Iowa at the time of application. The services for which
113 28 noninstitutionalized individuals shall be made ineligible
113 29 shall include any long=term care services for which medical
113 30 assistance is otherwise available. Notwithstanding section
113 31 17A.4, the department may adopt rules providing a period of
113 32 ineligibility for medical assistance due to a transfer of
113 33 assets by a noninstitutionalized individual or the spouse of a
113 34 noninstitutionalized individual without notice of opportunity
113 35 for public comment, to be effective immediately upon filing
114 1 under section 17A.5, subsection 2, paragraph "b", subparagraph
114 2 (1), subparagraph division (a).
114 3 Sec. 225. Section 519A.4, subsection 1, paragraph a, Code
114 4 2015, is amended to read as follows:
114 5 a. The association shall submit a plan of operation to
114 6 the commissioner, together with any amendments necessary
114 7 or suitable to assure the fair, reasonable, and equitable
114 8 administration of the association consistent with sections
114 9 519A.2 to 519A.13. The plan of operation and any amendments
114 10 thereto shall become effective only after promulgation of
114 11 the plan or amendment by the commissioner as a rule pursuant
114 12 to section 17A.4: Provided that the initial plan may in the
114 13 discretion of the commissioner become effective immediately
114 14 upon filing with the secretary of state pursuant to section
114 15 17A.5, subsection 2, paragraph "b", subparagraph (1),
114 16 subparagraph division (a).
114 17 EXPLANATION
114 18 The inclusion of this explanation does not constitute agreement with
114 19 the explanation's substance by the members of the general assembly.
114 20 This bill contains statutory corrections that adjust
114 21 language to reflect current practices, insert earlier
114 22 omissions, delete redundancies and inaccuracies, delete
114 23 temporary language, resolve inconsistencies and conflicts,
114 24 update ongoing provisions, or remove ambiguities. The Code
114 25 sections amended include the following:
114 26 DIVISION I: Section 8A.315: Adds an internal reference to
114 27 subsection 2, paragraph "e", to reflect the addition of a new
114 28 exception to requirements for purchase of recycled printing and
114 29 writing paper by 2014 Iowa Acts, ch. 1036, {6.
114 30 Section 8A.504: Replaces the word "it" with the words "the
114 31 public agency" in language regarding information pertaining to
114 32 the names of certain persons forwarded to the department of
114 33 administrative services or other collection entity by public
114 34 agencies which are owed or which owe a debt.
114 35 Sections 12B.10, 12B.10C, 490.1302, 502A.4, and 551A.4:
115 1 Updates United State code references to the federal Investment
115 2 Company and Investment Advisor Acts of 1940 to reflect the
115 3 current codification of the provisions of those Acts in
115 4 provisions relating to regulation of public funds and business
115 5 entities, and business opportunity promotions.
115 6 Section 13.2: Strikes the word "including" and adds the word
115 7 "amount" to simplify the language of a series pertaining to
115 8 reports by the attorney general regarding receipts generated
115 9 from settlements or judgments in excess of $250,000 in certain
115 10 legal proceedings.
115 11 Section 13.32: Adds a comma to correct a series pertaining
115 12 to the victim assistance program. The word "such" is also
115 13 stricken and the word "expenses" is added to conform language
115 14 relating to payments for travel by contractors to similar
115 15 earlier language regarding payments for travel by employees of
115 16 the department of justice.
115 17 Section 13C.1: Adds a lead=in paragraph to a general
115 18 definitions section for the chapter regarding organizations
115 19 that solicit public donations to conform the format of the
115 20 section to other general definitions sections in the Code.
115 21 Sections 15.105 and 303.4: Adds language citing the
115 22 provision in which the congressional districts are established
115 23 to provisions relating to appointment of members by
115 24 congressional district to the board of the economic development
115 25 authority and the board of trustees of the state historical
115 26 society. Because the number of congressional districts has
115 27 changed in the past, adding a reference to Code section 40.1 in
115 28 these locations would help raise awareness of the impact that
115 29 changes to Code section 40.1 has on the membership of these two
115 30 boards.
115 31 Section 15.294: Strikes, effective June 30, 2021, a
115 32 provision requiring the brownfield redevelopment council to
115 33 consider and make recommendations regarding applications for
115 34 certain tax credits to reflect the repeal of those tax credits
115 35 effective on that same date.
116 1 Section 15.333: Changes the applicability of a definition
116 2 of the phrase "new investment directly related to new jobs
116 3 created by the project" to reflect the use of the phrase
116 4 elsewhere in the Code section, not just in the subsection.
116 5 Section 16.1A: Changes a reference to the guiding
116 6 principles pertaining to housing to a reference to all of the
116 7 guiding principles pertaining to programs administered by the
116 8 Iowa finance authority in language relating to administration
116 9 of all of the programs by the authority.
116 10 Section 16.2A: Conforms references to the board of the title
116 11 guaranty division to changes made to similar references in this
116 12 section by 2014 Iowa Acts, ch. 1080, and adds the words "title
116 13 guaranty" to more clearly distinguish the board from other
116 14 boards within the Iowa finance authority.
116 15 Section 16.2B: Conforms language relating to assistance
116 16 provided by the agricultural development division of the Iowa
116 17 finance authority to qualified persons to obtain agricultural
116 18 assets transfer tax credits to prefatory language requiring
116 19 that assistance be given.
116 20 Section 16.2D: Clarifies that the requirement regarding
116 21 minority group representation applies to the voting membership
116 22 of the council on homelessness, not to the members themselves.
116 23 Section 16.7: Standardizes and updates the format used to
116 24 describe the annual report of the Iowa finance authority.
116 25 Section 16.16: Corrects an internal reference from a
116 26 reference to a nonexistent part to a reference to part 9 of
116 27 subchapter X, which contains the Iowa jobs program. The
116 28 language contained in this provision was previously contained
116 29 in former Code section 16.197 and that language referred to
116 30 duties relating to the Iowa jobs program, which is contained
116 31 in part 9.
116 32 Section 16.17: Moves a reference to chapter 17A to an
116 33 initial general requirement for rules adoption by the Iowa
116 34 finance authority, standardizes language relating to rules
116 35 regarding definitions, and substitutes "the authority" for the
117 1 word "it" to clarify that the authority is the entity with
117 2 discretion regarding rules adoption.
117 3 Section 16.26: Strikes the words "bond anticipation" before
117 4 the word "notes" to clarify the meaning of language describing
117 5 how bond anticipation notes are issued.
117 6 Section 16.27A: Adds a comma to an apparent series in
117 7 language relating to the Iowa finance authority's powers
117 8 relating to loans.
117 9 Sections 16.50, 422.11D, 422.33, 422.60, and 432.12A:
117 10 Replaces a citation to Code section 404A.2 with a citation
117 11 to Code chapter 404A in language relating to eligibility of
117 12 projects for historic preservation and cultural entertainment
117 13 district tax credits to reflect the possibility that a project
117 14 may qualify for more than one of the types of tax credits under
117 15 the provisions of Code chapter 404A.
117 16 Section 16.59: Restructures language to clarify the
117 17 applicability and determination of low or moderate net worth
117 18 requirements for persons and entities before those persons
117 19 and entities are eligible to receive special agricultural
117 20 development financing from the Iowa finance authority.
117 21 Section 16.64: Adds language relating to the publication
117 22 of notice of intention to issue bonds or notes and moves
117 23 language that establishes a cutoff for actions challenging the
117 24 legality of the bonds or notes based on the publication of that
117 25 notice in this provision regarding issuance of those financial
117 26 instruments by the Iowa finance authority.
117 27 Section 16.76: Moves language that indicates what types
117 28 of loans may be made by the Iowa finance authority from
117 29 within language relating to the making of those loans to the
117 30 definition of the term "loan".
117 31 Section 16.78: Adds language directing the reader to
117 32 the Code section that contains the method for determining a
117 33 qualified beginning farmer's low or moderate net worth to
117 34 language that describes the manner in which the Iowa finance
117 35 authority must administer the beginning farmer tax credit
118 1 program.
118 2 Section 16.92: Strikes the words "Iowa finance" from before
118 3 a reference to the authority to conform to the use of the term
118 4 "authority" that is defined in Code section 16.1.
118 5 Section 17A.5: Numbers and renumbers language in this
118 6 paragraph to separate language relating to when a rule becomes
118 7 effective from language relating to contests regarding the
118 8 effective date of a rule. The language that is placed in
118 9 its own subparagraph appears by its own words to apply to
118 10 the entirety of the paragraph and not just to the former
118 11 subparagraph to which it currently is attached.
118 12 Section 28M.7: Changes "government" to "governmental"
118 13 in references to certain public entities to conform to the
118 14 definition of the term "governmental entity" in Code section
118 15 28M.1, the general definitions section for this chapter
118 16 relating to regional transit districts.
118 17 Section 29B.116: Moves the phrase "subject to section
118 18 29B.116A" in this language relating to conduct subject to
118 19 military courts=martial to clarify that the phrase "though not
118 20 specifically mentioned in this code" applies to the conduct and
118 21 not to Code section 29B.116A.
118 22 Section 29B.116B: Supplies the missing word "been" in
118 23 language relating to the annual adjutant general's report
118 24 on the number of offenses committed by members of the
118 25 military that have been reported to civilian law enforcement
118 26 authorities.
118 27 Section 43.16: Numbers and letters unnumbered paragraphs
118 28 and clarifies language describing the time frame of a
118 29 candidate's death or withdrawal which causes the name of the
118 30 candidate to be omitted from the certificate furnished by the
118 31 state commissioner of elections and from the primary election
118 32 ballot.
118 33 Section 68A.405: Adds the words "or electronic" to language
118 34 defining the term "published material" to conform to the
118 35 addition of "internet site" to the list of materials as well as
119 1 language relating to the use of television, video, or motion
119 2 picture advertising in public political advertising.
119 3 Section 80B.5: Replaces the word "it" with the words "the
119 4 academy" to clarify language describing the employment of
119 5 Iowa law enforcement academy staff pursuant to the Iowa merit
119 6 system.
119 7 Section 96.9: Combines language describing the investment
119 8 of funds in the unemployment trust fund in certain marketable
119 9 classes of securities, that currently appears after a colon,
119 10 with language which appears before the colon that describes the
119 11 circumstances under which that investment would occur.
119 12 Section 96.14: Updates a United States Code citation to a
119 13 provision from the federal Bankruptcy Act of 1898 to reflect
119 14 the current location of that codified content.
119 15 Section 96.20: Changes the word "Act" to "chapter" in
119 16 language describing wages covered under Iowa's unemployment
119 17 compensation law to reflect the codification of 1971 Iowa Acts,
119 18 ch. 113, {32, into chapter 96 of the Code.
119 19 Section 99.27: Replaces the word "herein" with a specific
119 20 reference to the Code section in which "nuisance" is defined,
119 21 replaces the word "said" with the word "the", and adds in the
119 22 word "mulct" before the word "tax" to clarify the meaning
119 23 of this provision relating to taxes on premises in which
119 24 a nuisance is maintained or which are used for houses of
119 25 prostitution or for illegal gambling.
119 26 Section 105.18: Strikes the words "perform" and "of"
119 27 to clarify language describing the type of work which an
119 28 individual who holds either a master or journeyperson
119 29 mechanical or HVAC=refrigeration license may perform and not be
119 30 required to obtain a special electrician's license.
119 31 Section 123.5: With the exception of one sentence which is
119 32 added to Code section 123.11, combines language from current
119 33 Code sections 123.6, 123.7, and 123.12, which are repealed
119 34 later in this division of this bill, with the language in this
119 35 Code section to consolidate the language pertaining to the
120 1 creation and membership of the alcoholic beverages commission
120 2 into a single Code section.
120 3 Section 123.11: Combines two sentences currently contained
120 4 in Code section 123.6, relating to payment of expenses and
120 5 compensation to members of the commission, with the language of
120 6 this Code section relating to payment of expenses and salaries
120 7 of commission members and employees of the alcoholic beverages
120 8 division.
120 9 Section 123.17 and 123.45: Moves language prohibiting
120 10 members of the alcoholic beverages commission members and
120 11 employees of the division of alcoholic beverages from having
120 12 financial interests in the manufacture, sale, or purchase of
120 13 alcoholic liquor, wine, or beer that is currently contained
120 14 in Code section 123.45 to Code section 123.17, which contains
120 15 other prohibitions relating to commission members and
120 16 employees, reformats the language in Code section 123.17
120 17 relating to prohibited conduct, and changes a reference to
120 18 "law" with a specific cite to the Code chapter relating to
120 19 removal from office. Code section 123.45 is also reformatted
120 20 to enumerate the limitations on business interests that
120 21 are placed on persons who are engaged in the business of
120 22 manufacture, bottling, or wholesaling of alcoholic beverages,
120 23 wine, or beer, and to set out the exceptions and penalties that
120 24 apply.
120 25 Section 123.70: Replaces the words "in this chapter" with
120 26 the reference to the specific Code section that contains
120 27 the definition of "bootlegger" in this provision regarding
120 28 injunctions that may issue to restrain persons from engaging in
120 29 bootlegging activities.
120 30 Sections 123.83, 123.84, and 123.85: Adds language and
120 31 citations to hypertext link these Code sections relating to
120 32 filing and trials of and judgment and appeals in actions to
120 33 forfeit an abatement bond because of a nuisance maintained on
120 34 premises covered by the bond.
120 35 Section 123.88: Adds language after the term "nuisance" to
121 1 link the term to the Code section which establishes the meaning
121 2 of the term for purposes of proceedings to abate the nuisance.
121 3 Sections 123.122, 123.123, 123.143, 123.171, and 123.172:
121 4 Changes the word "division" to "subchapter" to distinguish uses
121 5 of the term to refer to subunits of Code chapter 123 from uses
121 6 within Code chapter 123 of the defined term "division" that are
121 7 intended to refer to the alcoholic beverages division of the
121 8 department of commerce.
121 9 Section 124.401: Strikes a paragraph, effective July
121 10 1, 2017, permitting the recommendation, possession, use,
121 11 dispensing, delivery, transport, or administration of
121 12 cannabidiol if done in accordance with Code chapter 124D. Code
121 13 chapter 124D is repealed effective July 1, 2017.
121 14 Section 124D.4: Changes the word "card" to "cards" to
121 15 conform to the language of subsections 1 and 3 of Code section
121 16 124D.4, which indicates the issuance of multiple cards.
121 17 Section 135.173A: Updates references to the current
121 18 entities that currently carry out the duties and
121 19 responsibilities formerly carried out by the early childhood
121 20 Iowa council and the community empowerment office of the
121 21 department of management. A Code section reference relating to
121 22 the strategic plan of the former early childhood Iowa council
121 23 is also updated to refer to the current strategic plan being
121 24 used for comprehensive early childhood services in this state.
121 25 Section 135C.33: Adds the missing word "adult" in language
121 26 relating to one of the forms of abuse for which criminal record
121 27 checks are performed as part of preemployment screening for
121 28 positions in health care facilities.
121 29 Section 144.43: Renumbers language relating to
121 30 confidentiality and inspection of vital records to more closely
121 31 conform the initial numbering of the language to the structure
121 32 of the unnumbered paragraphs prior to the renumbering of this
121 33 section in 2009 Iowa Acts, ch. 41, {194.
121 34 Sections 147.1 and 147.86: Strikes redundant language
121 35 relating to the Code chapters which succeed this first Code
122 1 chapter in subtitle 3, relating to health=related professions,
122 2 within title IV, entitled public health, of the Code, so that
122 3 the remaining language refers to "this subtitle".
122 4 Section 157.1: Changes the word "licensed" to "operated",
122 5 making this definition of the term "schools of cosmetology
122 6 arts and sciences" similar to the definition of "school of
122 7 barbaring" in Code chapter 158, to conform the language of the
122 8 definition to the use of the term in Code section 157.8, which
122 9 prohibits any school of cosmetology from operating unless the
122 10 owner obtains a license issued by the department.
122 11 Section 159.1: Strikes three definitions pertaining to
122 12 agricultural drainage wells from the general definitions
122 13 section for the Code chapter relating to the department
122 14 of agriculture. The regulatory provisions pertaining to
122 15 agricultural drainage wells were transferred from Code chapter
122 16 159 to Code chapter 460 in 2002 as the result of the passage
122 17 of 2002 Iowa Acts, ch. 1137, and the defined terms no longer
122 18 appear anywhere in Code chapter 159. Although the term
122 19 "agricultural drainage well" is used three times in the Code
122 20 title relating to agriculture, it is used only in the two
122 21 chapters to which this definition's section does not apply.
122 22 Section 172A.10: Adds the words "obtain or" before the
122 23 word "maintain" to conform the language of the last sentence
122 24 of this Code subsection, relating to financial responsibility
122 25 requirements for slaughterhouse operators, to the first
122 26 sentence of the subsection.
122 27 Section 197.1: Numbers unnumbered paragraphs to facilitate
122 28 citation, moves language to improve readability, strikes
122 29 unnecessary language, and replaces "herein" with a reference
122 30 to "in this chapter" to update this provision relating to
122 31 licensing of dealers in poultry and domestic fowl.
122 32 Section 198.7: Updates the citation to the provision in
122 33 the United States Code relating to unsafe new animal drugs
122 34 under the federal Food, Drug, and Cosmetic Act to the correct
122 35 citation.
123 1 Section 206.24: Strikes an outdated deadline for initiation
123 2 of a program of education and demonstration in agricultural use
123 3 of fertilizers and pesticides.
123 4 Section 206.32: Strikes a 1989 deadline after which the
123 5 sale, purchase, application, or use of chlordane is prohibited.
123 6 The strike of the deadline does not affect the prohibition.
123 7 Section 215.23: Conforms a term referring to a commercial
123 8 weighing and measure device to the term as defined in Code
123 9 section 215.26 and corrects the name of the publication from
123 10 the United State national institute of standards and technology
123 11 in this provision relating to licensing of servicers of those
123 12 devices.
123 13 Section 215.24: Strikes the words "of agriculture and land
123 14 stewardship" after the word "department", because "department"
123 15 is defined in Code section 215.26 to mean department of
123 16 agriculture and land stewardship, and standardizes language
123 17 relating to the adoption of rules to match language used in
123 18 Code chapter 17A in this provision relating to adoption of
123 19 rules by the department.
123 20 Section 218.95: Strikes references to four Code chapters
123 21 in this provision that establishes updates and parallel
123 22 terminology for various Code chapters pertaining to persons
123 23 with mental health issues because the outdated terminology no
123 24 longer appears in any of the four Code chapters.
123 25 Section 229.26: Strikes the words "or an intellectual
123 26 disability" in language regarding involuntary hospitalization
123 27 to reflect the removal of procedures for involuntary
123 28 hospitalization for persons with intellectual disabilities only
123 29 by 2013 Iowa Acts, ch. 130.
123 30 Section 230.11: Adds language relating to payment to
123 31 counties by the department of human services for mental health
123 32 services to conform to similar language added to Code section
123 33 222.69 by 2012 Iowa Acts, ch. 1120, {?84.
123 34 Section 231D.16: Strikes two outdated deadlines for
123 35 compliance of certain adult day services programs with the
124 1 accreditation requirements of Code chapter 231D.
124 2 Section 231E.13: Strikes language requiring the department
124 3 of human services to notify the Code editor regarding
124 4 implementation of Code chapter 231E, regarding the substitution
124 5 decision maker Act. The department notified the Code editor
124 6 regarding initial implementation of the Act in 2007.
124 7 Section 232.46: Splits language relating to the separate
124 8 terms and conditions of consent decrees in juvenile delinquency
124 9 proceedings to conform to the content of similar language in
124 10 Code section 232.29, subsection 2, and Code section 232.52,
124 11 subsection 2, paragraph "a", subparagraphs (1) and (2).
124 12 Sections 232.125 and 232.178: Conforms the language of
124 13 each of these provisions describing the contents of petitions
124 14 relating to a family in need of assistance and for voluntary
124 15 placement proceedings to each other and to similar language in
124 16 Code sections 232.36 and 232.111. In Code section 232.178,
124 17 additional petition contents are also set out in a lettered
124 18 list to enumerate the contents in a manner similar to that of
124 19 Code section 232.111.
124 20 Section 235B.4: Numbers unnumbered paragraphs to facilitate
124 21 citation and modifies an internal string reference to clearly
124 22 include the last Code section cited within the string in
124 23 language relating to the purposes of the central registry for
124 24 dependent adult abuse information. The last Code section cited
124 25 in the Code section string relates to registry reports.
124 26 Section 235F.1: Adds the verb "exists" after the word
124 27 "potential" to grammatically complete the sentence describing
124 28 forms of financial dangers that would constitute a "present
124 29 danger of elder abuse" in this definition of that term.
124 30 Section 235F.5: Rewrites prefatory language, to improve
124 31 readability, that describes how allegations of elder abuse
124 32 may be established at a hearing on a petition making the
124 33 allegations.
124 34 Section 235F.6: Rewrites language, to improve readability,
124 35 that describes content that cannot be included in dispositional
125 1 court orders entered after hearing on petitions alleging elder
125 2 abuse as described under Code chapter 235F.
125 3 Section 235F.8: Adds the words "the vulnerable elder"
125 4 before the words "leaving the vulnerable elder's home" in
125 5 language describing general procedure in elder abuse cases to
125 6 account for the fact that a petitioner under Code chapter 235F
125 7 may not be the affected vulnerable elder.
125 8 Section 237A.30: Restores, retroactive to July 1, 2010,
125 9 changes originally made by 2010 Iowa Acts, ch. 1031, {302,
125 10 which were inadvertently overwritten when a change from {358
125 11 of that same Act, with an effective date of July 1, 2011, was
125 12 applied to this provision regarding a voluntary quality rating
125 13 system for providers at child care facilities.
125 14 Sections 256.2 and 256.7: Moves a definition of the term
125 15 "telecommunications" from a provision within the Code section
125 16 describing the duties of the state board of education to
125 17 the general definitions Code section for this Code chapter
125 18 pertaining to the department of education because the current
125 19 definition applies to all of Code chapter 256.
125 20 Section 256B.2: Includes in the defined term of "children
125 21 requiring special education" children who might be excluded
125 22 because they have exceeded the maximum age for eligibility
125 23 during an academic year within the definition of the term. The
125 24 language is currently contained within the provision regarding
125 25 children requiring special education, but is not included
125 26 within the defined term.
125 27 Section 256F.2: Strikes a definition of the term "area
125 28 education agency board" from the general definitions Code
125 29 section in this Code chapter relating to charter schools and
125 30 innovation zone schools because the defined term is not used in
125 31 Code chapter 256F.
125 32 Sections 260C.58 and 262.49: Sets out in an enumerated
125 33 list language, which currently appears after a colon within a
125 34 paragraph, that describes the revenue sources from which bonds
125 35 or notes of community colleges and regents institutions are
126 1 payable.
126 2 Section 262.44: Sets out in a lettered list the types of
126 3 self=liquidating and revenue=producing buildings and facilities
126 4 for which portions of the campuses of regents institutions of
126 5 higher education may be set aside and used.
126 6 Section 262.57: Changes the word "provision" to
126 7 "provisions" to reflect the fact that the subchapter under
126 8 which bonds or notes are issued for regents institution
126 9 buildings and facilities consists of multiple Code provisions
126 10 as referred to later in this section.
126 11 Section 262A.2: Conforms the internal hierarchy of a Code
126 12 subsection defining what constitutes student fees and charges
126 13 for purposes of the issuance of revenue bonds by the board of
126 14 regents to the hierarchy used in other Code subsections.
126 15 Section 263.8: Numbers unnumbered paragraphs to facilitate
126 16 citation, adds language specifying the name of the laboratory
126 17 which is referenced, and standardizes language relating to
126 18 adoption of rules in this provision relating to reports and
126 19 tests performed by the state hygienic laboratory.
126 20 Section 321.19: Restructures this provision to enumerate
126 21 the vehicles which are exempt from payment of vehicle
126 22 registration fees and the persons to whom are issued, upon
126 23 application, distinguishing plates for the exempted vehicles.
126 24 Section 321.34: Adds an internal reference to paragraph
126 25 "c" of subsection 20C to language describing the subsection
126 26 paragraphs that pertain to distinguishing processed emblems for
126 27 vehicle registration plates, changes the word "and" to "or"
126 28 to clarify that two types of emblems are under consideration,
126 29 and reenacts language that was inadvertently omitted from
126 30 subsection 27 as enacted by 2014 Iowa Acts, ch. 1116, {28,
126 31 after the legislation was passed by the general assembly and
126 32 before it was sent to the office of the governor.
126 33 Section 321.59: Replaces a reference to "any such"
126 34 application in language relating to certificates issued to
126 35 motor vehicle dealers, transporters, and new motor vehicle
127 1 wholesalers with a specific reference to the application
127 2 specified in Code section 321.58. The addition of the language
127 3 will facilitate hypertext linkage between the two Code
127 4 sections.
127 5 Section 321.154: Replaces a reference to "said" report with
127 6 language specifying that the report referenced is the county
127 7 treasurer's report under Code section 321.153. The addition of
127 8 the language will facilitate hypertext linkage between the two
127 9 Code sections.
127 10 Section 321.191: Replaces a reference to "double/triple"
127 11 trailer endorsement with "double or triple" trailer endorsement
127 12 to conform to the current Code style for references to both
127 13 inclusive and exclusive alternatives.
127 14 Section 321.198: Strikes the word "such" and replaces
127 15 "above described" military personnel with a specific reference
127 16 to subsection 1, in which the types of military personnel
127 17 covered are described, to update the language of this provision
127 18 relating to extensions of driver's licenses for certain
127 19 military personnel and their dependents.
127 20 Section 321.453: Restructures language and numbers
127 21 paragraphs regarding exceptions to size, weight, load, and
127 22 permit requirements that apply for certain vehicles and
127 23 equipment.
127 24 Section 321A.39: Replaces a reference by name to the
127 25 motor vehicle financial and safety responsibility Act with a
127 26 reference to "this chapter" in which that Act is codified,
127 27 and adds a reference to Code chapter 321A in the language
127 28 of a statement that must be included with a purchase order
127 29 or invoice evidencing a retail sale of a motor vehicle if
127 30 liability insurance is not included in the sale of the vehicle.
127 31 Section 321E.11: Corrects an internal reference to the
127 32 definition for the term "urban transit system". Code section
127 33 321.19 defines the term "urban transit company" but, although
127 34 the Code section refers to systems, it does not define "urban
127 35 transit systems". A definition of the term is contained in
128 1 Code section 324A.1.
128 2 Section 321G.4: Clarifies language within a provision
128 3 regarding registration of antique snowmobiles that provides
128 4 that those vehicles may be registered with only a signed bill
128 5 of sale as evidence of ownership.
128 6 Section 331.508: Changes "record book" to "permanent
128 7 record" in this provision relating to books and records kept by
128 8 county auditors to reflect the changes made in similar language
128 9 in Code section 35B.10 by 2014 Iowa Acts, ch. 1116, {45.
128 10 Section 358.21: Numbers and letters paragraphs to
128 11 facilitate citation, updates language, and replaces references
128 12 to "hereunder" with specific citations to Code chapter 358 or
128 13 the provisions of this Code section to clarify the meaning
128 14 of those references in this provision regarding the debt
128 15 limitations of and issuance of bonds for sanitary districts.
128 16 Section 359A.6: Splits a run=on sentence into three
128 17 sentences and replaces references to "such" and "said" with
128 18 "the" and references to "same" with "full amount due" to update
128 19 and clarify the meaning of language pertaining to the erecting,
128 20 rebuilding, or repairing of fences.
128 21 Section 364.24: Strikes outdated language and adds a
128 22 reference to Code chapter 17A to standardize rulemaking
128 23 verbiage in this provision relating to traffic light
128 24 synchronization.
128 25 Section 388.11: Strikes the word "fire" from before the
128 26 word "hydrants" in language limiting liability for failure to
128 27 provide or maintain fire protection services to conform to
128 28 later language specifying that the protection applies if the
128 29 hydrants were not intended for fire protection purposes.
128 30 Section 403.9: Replaces the word "it" with the word
128 31 "municipality" to clarify that a municipality may issue
128 32 refunding bonds to pay or retire bonds that the municipality
128 33 itself previously issued.
128 34 Section 403.15: Replaces antiquated sentence structure
128 35 and punctuation in language relating to the creation of urban
129 1 renewal agencies.
129 2 Section 404.4: Numbers unnumbered paragraphs and enumerates
129 3 the information that must, at a minimum, be contained in an
129 4 application for an urban revitalization tax exemption in this
129 5 provision governing submission and approval of proposals for
129 6 improvements.
129 7 Section 422.11L: Corrects a reference to the federal
129 8 residential energy efficient property credit related to solar
129 9 energy in the federal Internal Revenue Code by changing the
129 10 reference to "section 25D(a)(1)". There is no section 25E
129 11 in the federal Internal Revenue Code and section 25D(a)(1)
129 12 contains provisions regarding solar energy system tax credits.
129 13 Section 423.3: Strikes obsolete language repealing a sales
129 14 tax exemption for sales of reagents and related accessory
129 15 equipment to a regional blood testing facility if the facility
129 16 is not located in the state on or before January 1, 2011. The
129 17 Mississippi river valley regional blood center was established
129 18 in 2010.
129 19 Section 423.30: Numbers unnumbered paragraphs to facilitate
129 20 citation and changes a reference from "this section" to
129 21 "subsection 1" in this provision regarding collection of use
129 22 tax by sellers who are not retailers, who maintain places
129 23 of business in Iowa, and who are not registered under the
129 24 streamlined sales and use tax agreement authorized under Code
129 25 chapter 423.
129 26 Section 445.37: Replaces "However" with "Notwithstanding
129 27 paragraph 'a'" to update the language of this exception to
129 28 language that specifies when an installment of any tax is
129 29 deemed delinquent.
129 30 Section 452A.3: Strikes the words "as defined in section
129 31 214.1" that appear after a reference to "E=85 gasoline" in this
129 32 provision imposing an excise tax on each gallon of that type
129 33 of gasoline. E=85 gasoline is defined in Code section 453A.2,
129 34 making the stricken language redundant.
129 35 Section 452A.8: Strikes obsolete language relating
130 1 to the initial date on which monthly gas tax returns were
130 2 due, replaces the word "consumer" with "purchaser" to make
130 3 terminology used internally consistent, and adds the word
130 4 "Fahrenheit" to clarify the temperature measurement to be used
130 5 if temperature correction is used for dispensing of motor
130 6 vehicle fuel.
130 7 Section 452A.62: Adds the word "liquefied natural gas" to a
130 8 string specifying the types of gas supplied by certain dealers
130 9 and which are to be the subject of records kept by those
130 10 dealers to conform to changes made elsewhere in this provision
130 11 by 2014 Iowa Acts, ch. 1032.
130 12 Section 452A.74: Replaces the word "above" in two places
130 13 with "under this chapter" to clarify the meaning of the
130 14 internal reference, and to reflect the licensing scheme
130 15 contained in Code chapter 452A, in this language applying
130 16 penalties for the delivery of various forms of compressed or
130 17 liquefied gas to or allowing the placement of those gases in
130 18 unlicensed facilities.
130 19 Section 455B.133: Strikes an obsolete provision providing
130 20 an exception to sulfur dioxide emission standards for a
130 21 facility that had a contract for coal produced in Iowa and
130 22 which met the emission standards in effect at the time the
130 23 contract went into effect. Coal has not been mined in this
130 24 state since 1994.
130 25 Section 455B.198: Adds "pursuant to chapter 17A" after
130 26 language relating to adoption of rules relating to discharge
130 27 of wastewater from water well drilling sites to conform this
130 28 language to standard language relating to the adoption of
130 29 rules. Subsection 4, containing outdated language setting a
130 30 July 31, 2009, deadline for adoption of the rules, is also
130 31 stricken.
130 32 Section 455D.11A: Deletes language containing outdated
130 33 deadlines related to the initial implementation of financial
130 34 assurance provisions for waste tire collection or processing
130 35 sites.
131 1 Section 455D.19: Deletes outdated language relating to
131 2 the date by which a manufacturer or distributor of packaging
131 3 or packaging components was required to make available
131 4 certificates of compliance showing that the packaging either
131 5 complied with or was exempt from standards regarding heavy
131 6 metal content in packaging materials.
131 7 Section 455E.11: Replaces the words "above three programs"
131 8 with language specifying the names of the three rural water
131 9 supply well programs referenced in this provision relating to
131 10 grants to eligible counties under those programs.
131 11 Section 456A.16: Numbers unnumbered paragraphs to
131 12 facilitate citation and adds "pursuant to chapter 17A" to
131 13 conform this language regarding adoption of rules to standard
131 14 language relating to rules' adoption in this provision relating
131 15 to the income tax refund checkoff for fish and game protection.
131 16 Section 456A.27: Updates by adding a United States Code
131 17 citation to language giving assent to the provisions of a
131 18 federal Act providing funds for wildlife restoration projects.
131 19 Section 456A.28: Updates by adding a United States Code
131 20 citation and correcting a public law citation language giving
131 21 assent to the provisions of a federal Act providing funds for
131 22 fish restoration projects.
131 23 Section 459.102: Supplies the missing word "animals" in a
131 24 definition of the term "swine farrow=to=finish operation". The
131 25 word has been missing since the definition was enacted in 1995
131 26 Iowa Acts, ch. 195, {15.
131 27 Section 461A.57: Adds language relating to alternative
131 28 punishment to reflect the fact that several but not all of
131 29 the Code sections listed state that violations of those Code
131 30 sections are punishable as scheduled violations.
131 31 Section 468.3: Adds reference to subchapter 1, part 7, of
131 32 Code chapter 468 to three definitions that apply to drainage
131 33 and levee districts to reflect the addition of part 7 by 2014
131 34 Iowa Acts, ch. 1075, which uses all three defined terms. The
131 35 conjunctive phrase "and the term" is also replaced by the
132 1 alternative "or" to reflect that either or both "engineer" and
132 2 "civil engineer" have the same meaning within subchapter 1 of
132 3 Code chapter 468.
132 4 Section 468.49: Numbers unnumbered paragraphs to facilitate
132 5 citation, divides long sentences into shorter sentences
132 6 for readability, updates language, and adds a reference to
132 7 subchapter 1, part 7, of Code chapter 468 to reflect the
132 8 addition of part 7 by 2014 Iowa Acts, ch. 1075, and that the
132 9 procedures in part 7 are tied to procedures in part 1 of
132 10 subchapter 1.
132 11 Section 468.206: Updates language to create a series and
132 12 replaces a reference to "hereinafter" with a specific reference
132 13 to Code section 468.207 to clarify meaning in this provision
132 14 regarding notice and hearing on a plan for improvements for
132 15 flood control within a levee or drainage district.
132 16 Section 468.209: Updates language and supplies the missing
132 17 word "an" before the word "order" in this provision regarding
132 18 entry of orders approving plans for improvements for flood
132 19 control within a levee or drainage district.
132 20 Section 468.220: Numbers paragraphs to facilitate citation,
132 21 updates language, and replaces references to the "same" with
132 22 language indicating what the word refers to in this provision
132 23 regarding occupancy and use of state lands by levee or drainage
132 24 districts for levee or drainage purposes.
132 25 Section 468.262: Strikes language referring to the
132 26 governance of drainage or levee districts, based on changes
132 27 made in this bill to the definition of "board" in Code section
132 28 468.3 to include subchapter 1, part 7, within the definition of
132 29 the term, in this provision stating the purpose of this part of
132 30 the levee and drainage district Code chapter that relates to
132 31 district mergers.
132 32 Section 468.269: Changes a reference to "this part" to a
132 33 reference to part 1 of subchapter 1, based on changes made
132 34 in this bill to the definition of "engineer" in Code section
132 35 468.3. The word "dominant" is also changed to "servient" to
133 1 conform to other language in this provision that indicates
133 2 that the reason for the report is the benefit to land situated
133 3 in the district that is being merged into the district that
133 4 originally made the drainage or levee improvement.
133 5 Section 468.540: Splits a run=on sentence into two
133 6 sentences to improve the readability of this provision relating
133 7 to the extensions of time or renewal of bonds or the issuance
133 8 of refunding bonds to pay for improvements within levee or
133 9 drainage districts.
133 10 Section 468.544: Splits language relating to requirements
133 11 for the sending of a notice of a meeting relating to extensions
133 12 of time for payment of unpaid drainage assessments or the
133 13 issuance of drainage refunding bonds from language describing
133 14 the contents of the notice. The language describing the notice
133 15 contents is further split to enumerate the points that must be
133 16 part of the meeting notice.
133 17 Section 476.20: Substitutes for the words "by law", a
133 18 citation to the actual Code provision that contains the
133 19 definition of the term "head of household" to permit hypertext
133 20 linkage to that definition, in language relating to the
133 21 contents of a disconnection notice that must be sent to
133 22 customers by public utilities.
133 23 Section 476.29: Adds a reference to paragraph "a" of
133 24 subsection 1 to further specify the provision within Code
133 25 section 476.20 under which board permission may be granted
133 26 for transfers of certificates of public convenience for the
133 27 furnishing of land=line local telephone service.
133 28 Section 476.96: Adds a citation to Code section 476.95 in
133 29 this lead=in phrase for a series of definitions. The citation
133 30 was stricken as part of a rewrite of this Code section by 2014
133 31 Iowa Acts, ch. 1099, but a definition contained in this Code
133 32 section is still used in Code section 476.95.
133 33 Section 478.15: Numbers unnumbered paragraphs to facilitate
133 34 citation, splits sentences and updates language to improve
133 35 readability, and replaces a reference to "above" with "in this
134 1 section" to clarify the meaning of this provision relating to
134 2 the procedure applicable in eminent domain proceedings.
134 3 Section 478.31: Numbers unnumbered paragraphs to facilitate
134 4 citation, splits sentences and updates language to improve
134 5 readability, and replaces references to "hereinafter" and
134 6 "anything foregoing" with more specific language to clarify the
134 7 meaning of the references in this provision relating to the
134 8 issuance of temporary permits for the construction of electric
134 9 transmission lines that are less than one mile in length.
134 10 Section 481A.22: Numbers and letters unnumbered paragraphs
134 11 to facilitate citation and updates language to improve
134 12 the readability of this provision relating to requirements
134 13 applicable to dog field meets or trials and retriever meets.
134 14 Section 490.1402: Corrects internal references to reflect
134 15 the renumbering of the language referenced by 2013 Iowa Acts,
134 16 ch. 31, {67, in this provision relating to proposals for
134 17 dissolutions of business corporations by boards of directors.
134 18 Section 491.3: Replaces a comma with the word "and" and
134 19 replaces a dash with a comma to standardize punctuation and to
134 20 clarify the relationship of language that equates the status of
134 21 a corporation to that of natural persons in language describing
134 22 the power of a corporation to contract and acquire and transfer
134 23 property.
134 24 Section 491.23: Corrects the grammar and strikes the word
134 25 "recording" before the word "fee" in this provision relating
134 26 to the process for dissolution of a business corporation. The
134 27 recording requirement was eliminated in favor of a filing
134 28 requirement by 2014 Iowa Acts, ch. 1074, {3.
134 29 Section 507C.8: Repeals this obsolete provision that
134 30 provided a transition mechanism for certain delinquency
134 31 proceedings that were commenced prior to the 1984 enactment of
134 32 Code chapter 507C, which currently governs insurer supervision,
134 33 rehabilitation, and liquidation.
134 34 Section 511.8: Conforms language relating to securities
134 35 pledged as collateral in hedging transactions to other language
135 1 and moves an internal reference to be closer to the language
135 2 it modifies within this subsection regarding investments by
135 3 life insurance companies and associations in certain financial
135 4 instruments.
135 5 Section 515.103: Strikes a codified applicability provision
135 6 for this Code section relating to use of credit information in
135 7 personal insurance to avoid conflicts with amendments to this
135 8 Code section that have later applicability or effective dates.
135 9 Section 517.2: Adds a prefatory paragraph regarding
135 10 applicability and makes corresponding changes to content to
135 11 update this definitions provision that is applicable to this
135 12 Code chapter governing employers liability insurance.
135 13 Section 517.3: Divides unnumbered paragraphs and numbers
135 14 and letters language which appears after colons to enumerate
135 15 the provisions governing the distribution of unallocated
135 16 liability loss expense payments under liability insurance
135 17 policies.
135 18 Section 518A.1: Divides a paragraph to enumerate language
135 19 appearing after a colon that specifies content that may appear
135 20 in an application for mutual insurance.
135 21 Section 523I.312: Strikes language that gives the telephone
135 22 number and address of the Iowa securities and regulated
135 23 industries bureau and inserts language that tells the cemetery
135 24 to insert that information into any agreement relating to
135 25 interment spaces with a purchaser to prevent the language of
135 26 the explanatory information from becoming obsolete if the
135 27 bureau relocates.
135 28 Section 533.301: Strikes the words "of a security" to
135 29 conform the language of this provision relating to investment
135 30 by credit unions in corporate bonds to the definition of
135 31 "investment grade" under 12 C.F.R. {703.2, promulgated by the
135 32 national credit union administration.
135 33 Section 536.1: Moves a definition to another location to
135 34 create a definitions subsection within this Code provision
135 35 relating to the applicability of the chapter licensing persons
136 1 who engage in the business of making certain regulated loans.
136 2 Section 537.1301: Replaces the word "Act" with "chapter" to
136 3 reflect the codification of 1974 Iowa Acts, ch. 1250, {1.301,
136 4 the definitions section for this portion of the Act that
136 5 established the Iowa Consumer Credit Code.
136 6 Section 554.8110: Substitutes for the words "this Act" a
136 7 citation to the Act which contained this language, relating to
136 8 jurisdiction over agreements between a securities intermediary
136 9 and an entitlement holder regarding a securities account, prior
136 10 to codification in Code section 554.8110.
136 11 Section 558.1: Restructures language in this provision
136 12 that purports to define the term "instruments affecting real
136 13 estate" to conform the language to other provisions that define
136 14 terminology elsewhere in the Code.
136 15 Section 602.8108: Corrects internal references to
136 16 provisions in which amounts collected by the court are not
136 17 deposited with the treasurer of state for deposit in the
136 18 general fund of the state to conform to the language of those
136 19 provisions stating the other accounts and funds into which
136 20 those amounts are deposited.
136 21 Section 602.11113: Substitutes the actual date in language
136 22 referring to the effective date of Code section 602.6601 in
136 23 this provision relating to employment of bailiffs as court
136 24 attendants at the time that the state assumed responsibility
136 25 for components of the court system.
136 26 Section 614.6: Substitutes a reference to sections 614.1
136 27 through 614.5 for the words "above described" in this provision
136 28 relating to computation of periods of time under the Code
136 29 chapter governing limitations of actions.
136 30 Section 614.35: Substitutes for the word "above" a
136 31 reference to Code section 614.34 in language relating to the
136 32 notice that must be filed by persons who claim an interest in
136 33 land as against another person with record title in that land.
136 34 Section 633.279: Conforms language of an affidavit used
136 35 to make an attested will self=proving to provisions of Code
137 1 chapter 9B, which governs notarial acts, including Code
137 2 section 9B.2, subsection 6, defining "notarial officer", and
137 3 Code section 9B.16, which provides examples of short form
137 4 certificates of notarial acts.
137 5 Section 633.304: Splits sentences and repeats language
137 6 designating the executor as the person responsible for
137 7 performing the duties relating to publication and provision
137 8 of notice of admission of a will to probate to improve the
137 9 readability of the provision. The words "date of" are also
137 10 added within a form notice to conform to other language
137 11 contained in the same form.
137 12 Section 633A.3110: Adds the words "date of" within a form
137 13 notice in this provision regarding notice that must be given by
137 14 a trustee to creditors, heirs, and any surviving spouse of a
137 15 settlor of a trust to conform to other language contained in
137 16 the same form.
137 17 Section 633B.203: Replaces the word "of" with the word "or"
137 18 to conform to earlier language in subsection 3 and adds a comma
137 19 at the end of a clause to clarify and improve the readability
137 20 of this provision regarding the nature and construction of
137 21 powers of attorney.
137 22 Section 633B.205: Strikes an incorrect comma within a
137 23 series and adds the words "but not limited to" in language
137 24 describing the authority granted under a power of attorney over
137 25 tangible personal property.
137 26 Sections 636.33 and 636.34: Replaces the word "such" with
137 27 a specific reference to Code section 636.31 or 636.32 to link
137 28 these two provisions relating to final reports and deposits by
137 29 fiduciaries in charge of estate and trust funds not governed
137 30 under the probate code, when the place of residence of the
137 31 heir, legatee, devisee, or other person to whom payment is due
137 32 is unknown to the fiduciary, to the provision which states
137 33 that the funds, moneys, or securities may be deposited with
137 34 the clerk of court of the county in which the fiduciary was
137 35 appointed.
138 1 Section 654.13: Replaces "and/or" in two places with the
138 2 word "or" to update the style of this provision regarding
138 3 priority of two or more real estate mortgages with respect to
138 4 any rents, profits, or other income derived from the property.
138 5 Section 654.14: Moves a phrase that describes the subject
138 6 of a notice to be closer to the word "notice" and adds language
138 7 clarifying that the current contents of the provision specify
138 8 the contents of the notice that must be given when a receiver
138 9 does not afford a person in actual possession of agricultural
138 10 land with a right of first refusal in the leasing of the
138 11 mortgaged premises by the receiver.
138 12 Section 656.5: Updates language and divides sentences to
138 13 improve the clarity and readability of this provision regarding
138 14 proof and record of service of notice in real estate contract
138 15 forfeiture proceedings.
138 16 Section 669.2: Adds a citation to the Code chapter in which
138 17 local emergency management commissions are established in this
138 18 provision that includes architects and engineers within the
138 19 definition of "employee of the state" under the state tort
138 20 claims Act.
138 21 Sections 714.11 and 714.14: Changes in each of these Code
138 22 sections the word "service" to "services" to conform to similar
138 23 uses of the word in Code sections 714.9, 714.10, 714.12, and
138 24 714.13.
138 25 Section 724.1: Conforms language within a definition of
138 26 the term "antique firearm" to other language within the same
138 27 definition and to the definition of "antique firearm" that is
138 28 found in Code section 724.25.
138 29 Section 725.1: Moves a phrase relating to expunging
138 30 of convictions to clarify the basis for the expunging of
138 31 the convictions in language relating to the expunging of
138 32 convictions for certain underage persons who have been
138 33 convicted of prostitution.
138 34 Sections 915.50 and 915.50A: Strikes the word "criminal"
138 35 that appears before the words "no=contact order" in these two
139 1 provisions pertaining to rights of victims of domestic and
139 2 elder abuse. No=contact orders under Code chapter 664A are
139 3 defined as orders entered in criminal proceedings and are
139 4 distinct from other protective orders entered in other types
139 5 of proceedings.
139 6 2013 Iowa Acts, ch. 125, and 2014 Iowa Acts, ch. 1080:
139 7 Repeals division II of 2013 Iowa Acts, ch. 125, and repeals
139 8 a provision in 2014 Iowa Acts, ch. 1080, which also repeals
139 9 division II of 2013 Iowa Acts, ch. 125, effective January 1,
139 10 2018, because all of the changes made by the 2013 Act have been
139 11 superseded by the enactments contained in 2014 Iowa Acts, ch.
139 12 1080, and the repeal of the 2013 Act in 2014 Iowa Acts, ch.
139 13 1080, would take effect one day after the changes required by
139 14 2013 Iowa Acts, division II, would have taken effect.
139 15 2014 Iowa Acts, ch. 1078: Retroactively corrects an
139 16 internal reference in the enactment of Code section 633B.213
139 17 that qualifies the terms of a power of attorney.
139 18 2014 Iowa Acts, ch. 1092: Retroactively strikes what was
139 19 intended as a correction to an internal citation that did not
139 20 require correction.
139 21 Code editor directives: Transfers provisions within
139 22 the alcoholic beverages Code chapter, Code chapter 123, to
139 23 consolidate provisions related to the overall administration
139 24 of the Code chapter at the beginning of the Code chapter.
139 25 Code section 226.47, which contains a general definition
139 26 applicable to the Code chapter regarding the state mental
139 27 health institutes, is also transferred to a location near the
139 28 beginning of the Code chapter. Two provisions in Code chapter
139 29 462A, which relate to public use of water for navigation
139 30 purposes and reciprocity agreements by the department of
139 31 natural resources with other regulatory agencies in other
139 32 states, are also moved to relocate those provisions, from a
139 33 location within provisions relating to inspection and repair of
139 34 vessels, to be with other more general provisions.
139 35 Divisions II and III: Reenacts Code and Acts provisions,
140 1 including any language changes made by 2014 Iowa Acts, ch.
140 2 1106, within the Code provisions, which were repealed or could
140 3 not be implemented because the changes made by 2014 Iowa Acts,
140 4 ch. 1106, took effect one day after the Code sections amended
140 5 by that Act were repealed pursuant to their own terms. The
140 6 Code provisions reenacted in division II take effect upon
140 7 enactment and apply retroactively to June 30, 2014. The
140 8 changes reenacted in division III of this bill are effective
140 9 July 1, 2016.
140 10 Division IV: Corrects internal references to Code section
140 11 17A.5, subsection 2, paragraph "b", which is renumbered in
140 12 division I of this bill.
LSB 2080SV (1) 86
lh/rj