Senate File 2189 - Enrolled
SENATE FILE
BY COMMITTEE ON JUDICIARY
(SUCCESSOR TO SSB
3111)
\5
A BILL FOR
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Senate File 2189
AN ACT
RELATING TO NONSUBSTANTIVE CODE CORRECTIONS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
DIVISION I
MISCELLANEOUS CHANGES
Section 1. Section 8.55, subsection 2, paragraph a, Code
2016, is amended to read as follows:
a. The first sixty million dollars of the difference between
the actual net revenue for the general fund of the state for
the fiscal year and the adjusted revenue estimate for the
fiscal year shall be transferred to the taxpayers trust fund
created in section 8.57E.
Sec. 2. Section 13.15, Code 2016, is amended to read as
follows:
13.15 Rules and forms ==== fees.
1. The farm mediation service shall recommend rules to the
farm assistance program coordinator. The coordinator shall
adopt rules pursuant to chapter 17A to set the compensation of
mediators and to implement this subchapter and chapters 654A,
654B, and 654C.
2. a. The rules shall provide for an hourly mediation fee
not to exceed fifty dollars for the borrower and one hundred
dollars for the creditor. The hourly mediation fee may be
waived for any party demonstrating financial hardship upon
application to the farm mediation service.
b. The compensation of a mediator shall be no more than
twenty=five dollars per hour, and all parties shall contribute
an equal amount of the cost.
3. The coordinator shall adopt voluntary mediation
application and mediation request forms.
Sec. 3. Section 16.92, subsection 1, paragraph e, Code 2016,
is amended to read as follows:
e. "Mortgage" means a mortgage or mortgage lien on an
interest in real property in this state given to secure a loan
in an original principal amount equal to or less than the
maximum principal amount as determined by the division board
and adopted by the Iowa finance authority pursuant to chapter
17A.
Sec. 4. Section 19B.2, Code 2016, is amended to read as
follows:
19B.2 Equal opportunity in state employment ==== affirmative
action.
1. It is the policy of this state to provide equal
opportunity in state employment to all persons. An individual
shall not be denied equal access to state employment
opportunities because of race, creed, color, religion, national
origin, sex, age, or physical or mental disability. It also is
the policy of this state to apply affirmative action measures
to correct deficiencies in the state employment system where
those remedies are appropriate. This policy shall be construed
broadly to effectuate its purposes.
2. It is the policy of this state to permit special
appointments by bypassing the usual testing procedures for any
applicant for whom the division of vocational rehabilitation
services of the department of education or the department
for the blind has certified the applicant's disability
and competence to perform the job. The department of
administrative services, in cooperation with the department
for the blind and the division of vocational rehabilitation
services, shall develop appropriate certification procedures.
This paragraph subsection should not be interpreted to bar
promotional opportunities for persons who are blind or persons
with physical or mental disabilities. If this paragraph
subsection conflicts with any other provisions of this chapter,
the provisions of this paragraph subsection govern.
Sec. 5. Section 26.13, subsection 2, unnumbered paragraph
1, Code 2016, is amended to read as follows:
Payments made by a governmental entity or the state
department of transportation for the construction of public
improvements and highway, bridge, or culvert projects shall be
made in accordance with the provisions of chapter 573, except
as provided in this section:
Sec. 6. Section 28F.10, Code 2016, is amended to read as
follows:
28F.10 Refunding bonds.
Refunding bonds may be issued by an entity in a principal
amount sufficient to provide funds for the payment (including
payment, including premium, if any) any, of bonds issued by
said entity pursuant to the provisions of this chapter to be
refunded thereby and the interest thereon and in addition for
the payment of all expenses incident to the calling, retiring,
or paying of such outstanding bonds to be refunded, such
refunding bonds may also finance the construction of a project
or projects authorized by this chapter or the improvement,
addition, betterment or extension of an existing project or
projects so authorized. Said refunding bonds shall not be
issued to refund the principal of and interest on any bonds to
be refunded unless such bonds mature or are redeemable under
their terms within ten years from the date of delivery of the
refunding bonds. The proceeds of said refunding bonds to be
used for the payment of the principal of, interest on and
redemption premiums, if any, on said bonds to be refunded which
will not be due and payable immediately shall be deposited in
trust for the sole purpose of making such payments in a bank or
trust company within the state. Any moneys in such trust fund,
prior to the date such funds will be needed for the payment
of such principal of, interest on and redemption premiums, if
any, of such outstanding bonds to be refunded, may be invested
or reinvested as provided in the resolution authorizing said
refunding bonds. Refunding bonds shall be issued in the same
manner and detail as revenue bonds herein authorized.
Sec. 7. Section 29B.6, Code 2016, is amended to read as
follows:
29B.6 Imposition of restraint.
1. Arrest "Arrest" is the restraint of a person by an order,
not imposed as a punishment for an offense, directing the
person to remain within certain specified limits. Confinement
"Confinement" is the physical restraint of a person.
2. An enlisted member may be ordered into arrest or
confinement by any commissioned officer by an order, oral or
written, delivered in person or through other persons subject
to this code or through any person authorized by this code to
apprehend persons.
3. A commanding officer may authorize warrant officers
or noncommissioned officers to order enlisted members of the
officer's command or subject to the officer's authority into
arrest or confinement.
4. A commissioned officer or a warrant officer may be
ordered apprehended or into arrest or confinement only by a
commanding officer to whose authority the commissioned or
warrant officer is subject, by an order, oral or written,
delivered in person or by another commissioned officer. The
authority to order such persons apprehended or into arrest or
confinement may not be delegated.
5. This section does not limit the authority of persons
authorized to apprehend offenders to secure the custody of an
alleged offender until the proper authority is notified.
Sec. 8. Section 29C.23, Code 2016, is amended to read as
follows:
29C.23 Iowa radio interoperability platform.
The Iowa radio interoperability platform shall be under
the joint purview of the department of public safety and the
department of transportation. The departments shall jointly
submit a biannual report to the Iowa statewide interoperable
communications system board established in section 80.28,
beginning July 1, 2016.
Sec. 9. Section 39.17, Code 2016, is amended to read as
follows:
39.17 County officers.
1. There shall be elected in each county at the general
election to be held in the year 1976 and every four years
thereafter, an auditor and a sheriff, each to hold office for a
term of four years.
2. There shall be elected in each county at the general
election to be held in 1974 and each four years thereafter, a
treasurer, a recorder, and a county attorney who shall each
hold office for a term of four years.
Sec. 10. Section 46.6, Code 2016, is amended to read as
follows:
46.6 Equal seniority.
If the judges of longest service (other service, other than
the chief justice) justice, of the supreme court or of the
district court in a district are of equal service, the eldest
of such judges shall be chairperson of the particular judicial
nominating commission.
Sec. 11. Section 80B.14, Code 2016, is amended to read as
follows:
80B.14 Budget submitted to department of management.
The Iowa law enforcement academy council shall annually
submit estimates of its expenditure requirements to the
department of management, annually and in such form as required
by chapter 8 estimates of its expenditure requirements. Such
The estimates shall include the costs of administration,
maintenance, and operation, and the cost of any proposed
capital improvements or additional programs.
Sec. 12. Section 84A.4, subsection 1, Code 2016, is amended
to read as follows:
1. A regional advisory board shall be established in
each service delivery area as defined in section 84B.2. The
members of the each board shall be appointed by the governor,
consistent with the requirements of federal law and in
consultation with chief elected officials within the region.
Chief elected officials responsible for recommendations
for board membership shall include, but are not limited to,
county elected officials, municipal elected officials, and
community college directors. The membership of each board
shall provide for equal representation of business and labor
and shall include a county elected official, a city official, a
representative of a school district, and a representative of a
community college.
Sec. 13. Section 89B.8, subsection 2, Code 2016, is amended
to read as follows:
2. The division of labor services shall administer this
division of the chapter subchapter. The division may exercise
the enforcement powers set out in chapter 88 and the rules
adopted pursuant to chapter 88 to enforce this division of the
chapter subchapter.
Sec. 14. Section 89B.12, subsections 2 and 3, Code 2016, are
amended to read as follows:
2. The division of labor services shall receive and handle
requests for information and complaints under this division
of this chapter subchapter which involve employer information
covered under division subchapter II of this chapter. The
labor commissioner shall adopt rules pursuant to chapter 17A
regarding requests for information and the investigation and
adjudication of complaints.
3. Requests for information under this division of this
chapter subchapter are confidential.
Sec. 15. Section 92.5, subsection 9, Code 2016, is amended
to read as follows:
9. a. Work in connection with motor vehicles and trucks if
confined to the following:
a. (1) Dispensing gasoline and oil.
b. (2) Courtesy service.
c. (3) Car cleaning, washing, and polishing.
b. Nothing in this subsection shall be construed to include
work involving the use of pits, racks, or lifting apparatus or
involving the inflation of any tire mounted on a rim equipped
with a removable retaining ring.
Sec. 16. Section 96.7, subsection 1, Code 2016, is amended
to read as follows:
1. Payment. Contributions accrue and are payable, in
accordance with rules adopted by the department pursuant to
chapter 17A, on all taxable wages paid by an employer for
insured work.
Sec. 17. Section 96.7, subsection 2, paragraph a,
subparagraph (4), Code 2016, is amended to read as follows:
(4) The department shall adopt rules pursuant to chapter
17A prescribing the manner in which benefits shall be charged
against the accounts of several employers for which an
individual performed employment during the same calendar
quarter.
Sec. 18. Section 96.7, subsection 2, paragraph c,
subparagraph (2), Code 2016, is amended to read as follows:
(2) A construction contributory employer, as defined under
rules adopted by the department pursuant to chapter 17A, which
is newly subject to this chapter shall pay contributions at the
rate specified in the twenty=first benefit ratio rank until the
end of the calendar year in which the employer's account has
been chargeable with benefits for twelve consecutive calendar
quarters.
Sec. 19. Section 96.7, subsection 4, paragraph c, Code 2016,
is amended to read as follows:
c. A hearing on an appeal shall be conducted according to
rules adopted by the department pursuant to chapter 17A. A
copy of the decision of the administrative law judge shall be
sent by regular mail to the last address, according to the
records of the department, of each affected employing unit or
employer.
Sec. 20. Section 96.7, subsection 10, Code 2016, is amended
to read as follows:
10. Group accounts. Two or more nonprofit organizations
or two or more governmental entities which have become
reimbursable employers in accordance with subsection 7 or
subsection 8, paragraph "a", may file a joint application
to the department for the establishment of a group account
for the purpose of sharing the cost of benefits paid which
are attributable to service in the employ of the employers.
The application shall identify and authorize a group
representative to act as the group's agent for the purposes
of this subsection. Upon approval of the application, the
department shall establish a group account for the employers
effective as of the beginning of the calendar quarter in which
the department receives the application and shall notify the
group's agent of the effective date of the account. The
account shall remain in effect for not less than one year
until terminated at the discretion of the department or upon
application by the group. Upon establishment of the account,
each employer member of the group shall be liable for benefit
reimbursements in lieu of contributions with respect to each
calendar quarter in an amount which bears the same ratio to the
total benefits paid in the quarter which are attributable to
service performed in the employ of all members of the group,
as the total wages paid for service performed in the employ
of the member in the quarter bear to the total wages paid for
service performed in the employ of all members of the group
in the quarter. The department shall adopt rules pursuant to
chapter 17A with respect to applications for establishment,
maintenance, and termination of group accounts, for addition
of new members to, and withdrawal of active members from group
accounts, and for the determination of the amounts which are
payable by members of the group and the time and manner of the
payments.
Sec. 21. Section 96.7, subsection 11, paragraph a, Code
2016, is amended to read as follows:
a. If on the first day of the third month in any calendar
quarter, the department has an outstanding balance of interest
accrued on advance moneys received from the federal government
for the payment of unemployment compensation benefits, or is
projected to have an outstanding balance of accruing federal
interest for that calendar quarter, the department shall
collect a uniform temporary emergency surcharge for that
calendar quarter, retroactive to the beginning of that calendar
quarter. The surcharge shall be a percentage of employer
contribution rates and shall be set at a uniform percentage,
for all employers subject to the surcharge, necessary to pay
the interest accrued on the moneys advanced to the department
by the federal government, and to pay any additional federal
interest which will accrue for the remainder of that calendar
quarter. The surcharge shall apply to all employers except
governmental entities, nonprofit organizations, and employers
assigned a zero contribution rate. The department shall adopt
rules pursuant to chapter 17A prescribing the manner in which
the surcharge will be collected. Interest shall accrue on all
unpaid surcharges under this subsection at the same rate as
on regular contributions and shall be collectible in the same
manner. The surcharge shall not affect the computation of
regular contributions under this chapter.
Sec. 22. Section 96.9, subsection 5, Code 2016, is amended
to read as follows:
5. Administration expenses excluded. Any amount credited
to this state's account in the unemployment trust fund
under section 903 of the Social Security Act which has been
appropriated for expenses of administration pursuant to
subsection 4 of this section, whether or not withdrawn from
such account, shall not be deemed assets of the unemployment
compensation fund for the purpose of computing contribution
rates under section 96.7, subsection 3, of this chapter.
Sec. 23. Section 96.14, subsection 3, paragraph k, Code
2016, is amended to read as follows:
k. If a political subdivision or a political subdivision
instrumentality becomes delinquent in the payment of
contributions, any payments owed as a government employer,
penalty, interest, and costs for more than two calendar
quarters, the amount of such delinquency shall be deducted
from any further moneys due the employer by the state. Such
deduction shall be made by the director of the department of
administrative services upon certification of the amount due.
A copy of the certification will be mailed to the employer.
Sec. 24. Section 96.19, subsection 4, Code 2016, is amended
to read as follows:
4. "Benefit year". The term "benefit "Benefit year" means a
period of one year beginning with the day with respect to which
an individual filed a valid claim for benefits. Any claim for
benefits made in accordance with section 96.6, subsection 1,
shall be deemed to be a valid claim for the purposes of this
subsection if the individual has been paid wages for insured
work required under the provisions of this chapter.
Sec. 25. Section 96.19, subsection 16, paragraphs b, d, and
g, Code 2016, are amended to read as follows:
b. Any employing unit (whether, whether or not an employing
unit at the time of acquisition) acquisition, which acquired
the organization, trade, or business, or substantially all of
the assets thereof, of another employing unit which at the time
of such acquisition was an employer subject to this chapter, or
which acquired a part of the organization, trade, or business
of another employing unit which at the time of such acquisition
was an employer subject to this chapter. Provided, that
such other employing unit would have been an employer under
paragraph "a" of this subsection, if such part had constituted
its entire organization, trade, or business.
d. Any employing unit which, together with one or more
other employing units, is owned or controlled (by, by legally
enforceable means or otherwise) otherwise, directly or
indirectly by the same interests, or which owns or controls one
or more other employing units (by by legally enforceable means
or otherwise) otherwise, and which, if treated as a single unit
with such other employing unit, would be an employer under
paragraph "a" of this subsection.
g. Any employing unit not an employer by reason of any
other paragraph of this subsection for which, within either
the current or preceding calendar year, service is or was
performed with respect to which such employing unit is liable
for any federal tax against which credit may be taken for
contributions required to be paid into a state unemployment
fund; or which, as a condition for approval of this chapter for
full tax credit against the tax imposed by the federal Federal
Unemployment Tax Act, (26 U.S.C. {3301 = 3308) 26 U.S.C. {3301
= 3308, is required, pursuant to such Act, to be an "employer"
under this chapter. Provided, however, that if an employer
subject to contributions solely because of the terms of this
subsection shall establish proper proof to the satisfaction of
the department that the employer's employees have been and will
be duly covered and insured under the unemployment compensation
law of another jurisdiction such employer shall not be deemed
an employer and such services shall not be deemed employment
under this chapter.
Sec. 26. Section 96.19, subsection 18, paragraph a,
subparagraphs (1), (3), and (5), Code 2016, are amended to read
as follows:
(1) Any officer of a corporation. Provided that the term
"employment" shall not include such officer if the officer is a
majority stockholder and the officer shall not be considered an
employee of the corporation unless such services are subject to
a tax to be paid under any federal law imposing a tax against
which credit may be taken for contributions required to be paid
into a state unemployment fund or such services are required
to be covered under this chapter of the Code, as a condition
to receipt of a full tax credit against the tax imposed by the
federal Federal Unemployment Tax Act (26 U.S.C. {3301 = 3309),
26 U.S.C. {3301 = 3309, or
(3) (a) Any individual other than an individual who
is an employee under subparagraphs (1) or (2) who performs
services for remuneration for any person as an agent driver
or commission driver engaged in distributing meat products,
vegetable products, fruit products, bakery products, beverages
(other other than milk) milk, or laundry or dry cleaning
services for the individual's principal; as a traveling or
city salesperson, other than as an agent driver or commission
driver, engaged upon a full=time basis in the solicitation on
behalf of, and the transmission to, the individual's principal,
(except except for sideline sales activities on behalf of some
other person) person, of orders from wholesalers, retailers,
contractors, or operators of hotels, restaurants, or other
similar establishments for merchandise for resale or supplies
for use in their business operations.
(b) Provided, that for purposes of this subparagraph (3),
the term "employment" shall include services performed after
December 31, 1971, only if:
(i) The contract of service contemplates that substantially
all of the services are to be performed personally by such
individual;
(ii) The individual does not have a substantial investment
in facilities used in connection with the performance of the
services (other, other than in facilities for transportation)
transportation; and
(iii) The services are not in the nature of single
transaction that is not part of a continuing relationship with
the person for whom the services are performed.
(5) Service performed after December 31, 1971, by
an individual in the employ of a religious, charitable,
educational, or other organization, but only if the service is
excluded from "employment" as defined in the federal Federal
Unemployment Tax Act (26 U.S.C. {3301 = 3309), 26 U.S.C. {3301
= 3309, solely by reason of section 3306(c)(8) of that Act.
Sec. 27. Section 96.19, subsection 18, paragraph b,
subparagraph (5), Code 2016, is amended to read as follows:
(5) Notwithstanding any other provisions of this
subsection, service with respect to which a tax is required
to be paid under any federal law imposing a tax against which
credit may be taken for contributions required to be paid into
a state unemployment fund or which, as a condition for full
tax credit against the tax imposed by the Federal Unemployment
Tax Act (26 U.S.C. {3301 = 3308), 26 U.S.C. {3301 = 3308, is
required to be covered under this chapter.
Sec. 28. Section 96.19, subsection 18, paragraph g,
subparagraph (3), subparagraph division (c), Code 2016, is
amended to read as follows:
(c) In connection with the production or harvesting of any
commodity defined as an agricultural commodity in section 15(g)
of the Agricultural Marketing Act, as amended [46 Stat. 1550,
{3, 12 U.S.C. {1141j], 46 Stat. 1550, {3, 12 U.S.C. {1141j, or
in connection with ginning of cotton, or in connection with the
operation or maintenance of ditches, canals, reservoirs, or
waterways, not owned or operated for profit, used exclusively
for supplying and storing water for farming purposes.
Sec. 29. Section 96.19, subsection 18, paragraph g,
subparagraph (3), subparagraph division (d), subparagraph
subdivision (ii), Code 2016, is amended to read as follows:
(ii) In the employ of a group of operators of farms (or,
or a cooperative organization of which such operators are
members) members, in the performance of service described
in subparagraph subdivision (i) of division (d) of this
subparagraph, but only if such operators produced more than
one=half of the commodity with respect to which such service
is performed;
Sec. 30. Section 96.19, subsection 20, unnumbered paragraph
1, Code 2016, is amended to read as follows:
"Exhaustee" means an individual who, with respect to any
week of unemployment in the individual's eligibility period
has received, prior to such week, all of the regular benefits
that were available to the individual under this chapter or
any other state law (including law, including dependents'
allowances and benefits payable to federal civilian employees
and former armed forces personnel under 5 U.S.C. ch. 85) 5
U.S.C. ch. 85, in the individual's current benefit year that
includes such weeks. Provided that for the purposes of this
subsection an individual shall be deemed to have received all
of the regular benefits that were available to the individual,
although as a result of a pending appeal with respect to
wages that were not considered in the original monetary
determination in the individual's benefit year the individual
may subsequently be determined to be entitled to add regular
benefits, or:
Sec. 31. Section 96.19, subsections 22 and 33, Code 2016,
are amended to read as follows:
22. "Extended benefits" means benefits (including benefits,
including benefits payable to federal civilian employees and to
former armed forces personnel pursuant to 5 U.S.C. ch. 85) 5
U.S.C. ch. 85, payable to an individual under the provisions
of this section for weeks of unemployment in the individual's
eligibility period.
33. "Regular benefits" means benefits payable to an
individual under this or under any other state law (including
law, including benefits payable to federal civilian employees
and to former armed forces personnel pursuant to 5 U.S.C. ch.
85) 5 U.S.C. ch. 85, other than extended benefits.
Sec. 32. Section 97B.43, Code 2016, is amended to read as
follows:
97B.43 Prior service credit.
1. Each member in service on July 4, 1953, who made
contributions under the abolished system, and who has not
applied for and qualified for benefit payments under the
abolished system, shall receive credit for years of prior
service in the determination of retirement allowance payments
under this chapter, if the member elects to become a member on
or before October 1, 1953, the member has not made application
for a refund of the part of the member's contributions under
the abolished system which are payable under sections 97.50
to 97.53, and the member gives written authorization prior to
October 1, 1953, to the commission to credit to the retirement
fund the amount of the member's contribution which would
be subject to a claim for refund. The amount so credited
shall, after transfer, be considered as a contribution to the
retirement system made as of July 4, 1953, by the member and
shall be included in the determination of the amount of moneys
payable under this chapter. However, an employee who was under
a contract of employment as a teacher in the public schools of
the state of Iowa at the end of the school year 1952=1953, or
any person covered by section 97B.1A, subsection 20, paragraph
"c" or "d", shall be considered as in service as of July 4,
1953, if they were members of the abolished system.
2. Any person with a record of thirty years as a public
employee in the state of Iowa prior to July 1, 1947, and who is
not eligible for prior service credit under other provisions
of this section, is entitled to a credit for years of prior
service in the determination of the retirement allowance
payment under this chapter, provided the public employee makes
application to the system for credit for prior public service,
accompanied by verification of the person's claim as the system
may require. The person's allowance for prior service credits
shall be computed in the same manner as otherwise provided in
this section, but shall not exceed the sum of four hundred
fifty dollars nor be less than three hundred dollars per annum.
Any such person is entitled to receive retirement allowances
computed as provided by this chapter, effective from the date
of application to the system, provided such application is
approved. However, beginning July 1, 1975, the amount of such
person's retirement allowance payment received during June
1975, as computed under this section shall be increased by two
hundred percent and the allowance for prior service credits
shall not exceed one thousand three hundred fifty dollars nor
be less than nine hundred dollars per annum. Effective July
1, 1987, there is appropriated for each fiscal year from the
Iowa public employees' retirement fund created in section 97B.7
to the system an amount sufficient to fund the retirement
allowance increases paid under this paragraph subsection.
Effective July 1, 1980, a person with a record of thirty years
as a public employee in the state of Iowa prior to July 1,
1947, receiving retirement allowances under this chapter shall
receive the monthly increase in benefits provided in section
97B.49G, subsection 3, paragraph "a".
3. Each individual who on or after July 1, 1978, was an
active, vested, or retired member and who (1) made application
for and received a refund of contributions made under the
abolished system or (2) has on deposit with the retirement fund
contributions made under the abolished system shall be entitled
to credit for years of prior service in the determination of
retirement allowance payments by filing a written election
with the system on or after July 1, 1978, and by redepositing
any withdrawn contributions under the abolished system
together with interest as stated in this paragraph subsection.
Any individual who on or after July 1, 1978, is a retired
member and who made application for and received a refund of
contributions made under the abolished system may, by filing
a written election with the system on or after July 1, 1978,
have the system retain fifty percent of the monthly increase in
retiree benefits that will accrue to the individual because of
prior service. If the monthly increase in retirement benefits
is less than ten dollars, the system shall retain five dollars
of the scheduled increase, and if the monthly increase is less
than five dollars, the provisions of this paragraph subsection
shall not apply. The system shall continue to retain such
funds until the withdrawn contributions, together with interest
accrued to the month in which the written election is filed,
have been repaid. Due notice of this provision shall be sent
to all retired members on or after July 1, 1978. However, this
paragraph subsection shall not apply to any person who received
a refund of any membership service contributions unless the
person repaid the membership service contributions pursuant
to section 97B.80C; but a refund of contributions remitted
for the calendar quarter ending September 30, 1953, which was
based entirely upon employment which terminated prior to July
4, 1953, shall not be considered as a refund of membership
service contributions. The interest to be paid into the fund
shall be compounded at the rates credited to member accounts
from the date of payment of the refund of contributions under
the abolished system to the date the member redeposits the
refunded amount. The provisions of the first paragraph of
this section subsection 1 relating to the consideration given
to credited amounts shall apply to the redeposited amounts
or to amounts left on deposit. Effective July 1, 1978, the
provisions of this paragraph subsection shall apply to each
individual who on or after July 1, 1978, was an active, vested,
or retired member, but who was not in service on July 4, 1953.
The period for filing the written election with the system and
redepositing any withdrawn contributions together with interest
accrued shall commence July 1, 1978. A member who is a retired
member on or after July 1, 1978, may file written election with
the system on or after July 1, 1978, to have the system retain
fifty percent of the monthly increase as provided in this
paragraph subsection.
4. Effective July 1, 2004, a member eligible for an
increased retirement allowance because of the repayment of
contributions under this section is entitled to receipt of
adjustment payments beginning with the month in which payment
was received by the system.
Sec. 33. Section 99B.27, subsection 2, paragraph n, Code
2016, is amended to read as follows:
n. No A person receives shall not receive or has have any
fixed or contingent right to receive, directly or indirectly,
any profit, remuneration, or compensation from or related to
a game in a card game tournament, except any amount which the
person may win as a participant on the same basis as the other
participants.
Sec. 34. Section 99B.27, subsection 2, paragraph p,
unnumbered paragraph 1, Code 2016, is amended to read as
follows:
The person conducting the card game tournament does none
shall not do any of the following:
Sec. 35. Section 135B.7, subsection 2, paragraph a, Code
2016, is amended to read as follows:
a. The rules shall state that a hospital shall not deny
clinical privileges to physicians and surgeons, podiatric
physicians, osteopathic physicians and surgeons, dentists,
certified health service providers in psychology, physician
assistants, or advanced registered nurse practitioners licensed
under chapter 148, 148C, 149, 152, or 153, or section 154B.7,
solely by reason of the license held by the practitioner
or solely by reason of the school or institution in which
the practitioner received medical schooling or postgraduate
training if the medical schooling or postgraduate training was
accredited by an organization recognized by the council on
postsecondary higher education accreditation or an accrediting
group recognized by the United States department of education.
Sec. 36. Section 148E.2, subsection 1, paragraphs b and c,
Code 2016, are amended to read as follows:
b. Successful completion of a three=year postsecondary
training program or acupuncture college program which is
accredited by, in candidacy for accreditation by, or which
meets the standards of the national accreditation commission
for schools and colleges of acupuncture and oriental medicine.
c. Successful completion of a course in clean needle
technique approved by the national certification commission for
the certification of acupuncturists acupuncture and oriental
medicine.
Sec. 37. Section 153.15A, subsection 1, paragraph a, Code
2016, is amended to read as follows:
a. That the applicant possesses a degree or certificate of
graduation from a college, university, or institution of higher
education, accredited by a national agency recognized by the
council on postsecondary higher education accreditation or the
United States department of education, in a program of dental
hygiene with a minimum of two academic years of curriculum.
Sec. 38. Section 161A.72, subsection 1, Code 2016, is
amended to read as follows:
1. Financial incentives provided under this chapter shall
be administered by the division. The incentives shall be
supported with funds appropriated by the general assembly,
and moneys available to or obtained by the division or the
committee from public or private sources, including but
not limited to the United States, other states, or private
organizations. The division shall adopt all rules consistent
with chapter 17A necessary to carry out the purpose of this
division subchapter as provided in section 161A.70.
Sec. 39. Section 225.24, Code 2016, is amended to read as
follows:
225.24 Collection of preliminary expense.
Unless a committed private patient or those legally
responsible for the patient's support offer to settle the
amount of the claims, the regional administrator for the
person's county of residence shall collect, by action if
necessary, the amount of all claims for per diem and expenses
that have been approved by the regional administrator for the
county and paid by the regional administrator as provided under
section 225.21. Any amount collected shall be credited to the
county mental health and disabilities services fund created in
accordance with section 331.424A.
Sec. 40. Section 234.39, Code 2016, is amended to read as
follows:
234.39 Responsibility for cost of services.
1. It is the intent of this chapter that an individual
receiving foster care services and the individual's parents or
guardians shall have primary responsibility for paying the cost
of the care and services. The support obligation established
and adopted under this section shall be consistent with the
limitations on legal liability established under sections
222.78 and 230.15, and by any other statute limiting legal
responsibility for support which may be imposed on a person for
the cost of care and services provided by the department. The
department shall notify an individual's parents or guardians,
at the time of the placement of an individual in foster care,
of the responsibility for paying the cost of care and services.
Support obligations shall be established as follows:
1. a. For an individual to whom section 234.35, subsection
1, is applicable, a dispositional order of the juvenile court
requiring the provision of foster care, or an administrative
order entered pursuant to chapter 252C, or any order
establishing paternity and support for a child in foster care,
shall establish, after notice and a reasonable opportunity to
be heard is provided to a parent or guardian, the amount of
the parent's or guardian's support obligation for the cost
of foster care provided by the department. The amount of
the parent's or guardian's support obligation and the amount
of support debt accrued and accruing shall be established in
accordance with the child support guidelines prescribed under
section 598.21B. However, the court, or the department of
human services in establishing support by administrative order,
may deviate from the prescribed obligation after considering
a recommendation by the department for expenses related to
goals and objectives of a case permanency plan as defined
under section 237.15, and upon written findings of fact which
specify the reason for deviation and the prescribed guidelines
amount. Any order for support shall direct the payment of
the support obligation to the collection services center for
the use of the department's foster care recovery unit. The
order shall be filed with the clerk of the district court
in which the responsible parent or guardian resides and has
the same force and effect as a judgment when entered in the
judgment docket and lien index. The collection services center
shall disburse the payments pursuant to the order and record
the disbursements. If payments are not made as ordered, the
child support recovery unit may certify a default to the court
and the court may, on its own motion, proceed under section
598.22 or 598.23 or the child support recovery unit may enforce
the judgment as allowed by law. An order entered under this
subsection paragraph may be modified only in accordance with
the guidelines prescribed under section 598.21C, or under
chapter 252H.
2. b. For an individual who is served by the department
of human services under section 234.35, and is not subject
to a dispositional order of the juvenile court requiring the
provision of foster care, the department shall determine the
obligation of the individual's parent or guardian pursuant
to chapter 252C and in accordance with the child support
guidelines prescribed under section 598.21B. However, the
department may adjust the prescribed obligation for expenses
related to goals and objectives of a case permanency plan as
defined under section 237.15. An obligation determined under
this subsection paragraph may be modified only in accordance
with conditions under section 598.21C, or under chapter 252H.
3. 2. A person entitled to periodic support payments
pursuant to an order or judgment entered in any action for
support, who also is or has a child receiving foster care
services, is deemed to have assigned to the department
current and accruing support payments attributable to the
child effective as of the date the child enters foster care
placement, to the extent of expenditure of foster care funds.
The department shall notify the clerk of the district court
when a child entitled to support payments is receiving foster
care services pursuant to chapter 234. Upon notification
by the department that a child entitled to periodic support
payments is receiving foster care services, the clerk of
the district court shall make a notation of the automatic
assignment in the judgment docket and lien index. The notation
constitutes constructive notice of assignment. The clerk of
court shall furnish the department with copies of all orders
and decrees awarding support when the child is receiving
foster care services. At the time the child ceases to receive
foster care services, the assignment of support shall be
automatically terminated. Unpaid support accrued under the
assignment of support rights during the time that the child was
in foster care remains due to the department up to the amount
of unreimbursed foster care funds expended. The department
shall notify the clerk of court of the automatic termination
of the assignment. Unless otherwise specified in the support
order, an equal and proportionate share of any child support
awarded shall be presumed to be payable on behalf of each child
subject to the order or judgment for purposes of an assignment
under this section.
4. 3. The support debt for the costs of services, for which
a support obligation is established pursuant to this section,
which accrues prior to the establishment of the support debt,
shall be collected, at a maximum, in the amount which is the
amount of accrued support debt for the three months preceding
the earlier of the following:
a. The provision by the child support recovery unit of the
initial notice to the parent or guardian of the amount of the
support obligation.
b. The date that the written request for a court hearing
is received by the child support recovery unit as provided in
section 252C.3 or 252F.3.
5. 4. If the department makes a subsidized guardianship
payment for a child, the payment shall be considered a foster
care payment for purposes of child support recovery. All
provisions of this and other sections, and of rules and orders
adopted or entered pursuant to those sections, including
for the establishment of a paternity or support order, for
the amount of a support obligation, for the modification or
adjustment of a support obligation, for the assignment of
support, and for enforcement shall apply as if the child
were receiving foster care services, or were in foster care
placement, or as if foster care funds were being expended for
the child. This subsection shall apply regardless of the date
of placement in foster care or subsidized guardianship or the
date of entry of an order, and foster care and subsidized
guardianship shall be considered the same for purposes of child
support recovery.
Sec. 41. Section 252H.2, subsection 2, paragraph m, Code
2016, is amended to read as follows:
m. "Support order" means an order for support issued
pursuant to this chapter, chapter 232, 234, 252A, 252C, 252E,
252F, 252H, 598, 600B, or any other applicable chapter, or
under a comparable statute of another state or foreign country
as registered with the clerk of court or certified to the child
support recovery unit.
Sec. 42. Section 256.3, Code 2016, is amended to read as
follows:
256.3 State board established.
1. The state board of education is established for the
department. The state board consists of ten members, nine
voting members and one nonvoting student member. The voting
members shall be appointed by the governor subject to senate
confirmation. The nonvoting student member shall be appointed
as provided in section 256.5A.
2. The voting members shall be registered voters of
the state and hold no other elective or appointive state
office. Not more than five voting members shall be of the
same political party. Three of the voting members shall
have substantial knowledge related to the community college
system. The remaining six voting members shall be members of
the general public. A voting member shall not be engaged in
professional education for a major portion of the member's time
nor shall the member derive a major portion of income from any
business or activity connected with education. Not more than
five voting members shall be of the same political party.
3. The terms of office for voting members are for six years
beginning and ending as provided in section 69.19.
Three of the voting members shall have substantial knowledge
related to the community college system. The remaining six
voting members shall be members of the general public.
Sec. 43. Section 257.17, subsection 2, Code 2016, is amended
to read as follows:
2. This section does not apply to a school district
attendance center that has received approval from the
department of education under section 279.10, subsection
2, to maintain a year around year=round school calendar
that commences classes in advance of the school start date
established in section 279.10, subsection 1. The department
of management shall prorate the reduction made pursuant to
this section to account for an attendance center in a school
district that is approved to maintain a year around year=round
school calendar under section 279.10, subsection 2.
Sec. 44. Section 279.10, subsection 2, Code 2016, is amended
to read as follows:
2. The board of directors of a school district and the
authorities in charge of an accredited nonpublic school
may apply to the department of education for authorization
to maintain a year around year=round school calendar at an
attendance center or school for students in prekindergarten
through grade eight. However, a board shall hold a public
hearing on any proposal relating to authorization for a
year around year=round school calendar prior to submitting
an application under this subsection to the department of
education for approval.
a. The initial application for a year around year=round
school calendar shall be submitted to the department of
education not later than November 1 of the preceding school
year. The department shall notify the board or the authorities
of the approval or denial of an application not later than the
next following January 15. The application may be approved
for one or two years at a time. A board or the authorities in
charge may reapply to renew an authorization by November 1 of
the year prior to expiration of the authorization.
b. An attendance center or school authorized to maintain
a year around year=round calendar must serve all students
attending the school and shall not be limited based on student
achievement or based on the trait or characteristic of the
student as defined in section 280.28.
c. An attendance center or school authorized to maintain a
year around year=round school calendar under this subsection
shall provide at least ten days of instruction or the hourly
equivalent during eleven of the twelve months of the school
year. The period of time between instructional days shall not
exceed six weeks.
d. A year around year=round school calendar authorized
pursuant to this subsection is exempt from the school start
date specified in subsection 1.
Sec. 45. Section 307.26, subsection 1, Code 2016, is amended
to read as follows:
1. Advise and assist the director in the development
of aeronautics, including but not limited to the location
of air terminals,; accessibility of air terminals by other
modes of public transportation,; protective zoning provisions
considering safety factors, noise, and air pollution,;
facilities for private and commercial aircraft,; air freight
facilities,; and such other physical and technical aspects as
may be necessary to meet present and future needs.
Sec. 46. Section 310.27, subsection 3, Code 2016, is amended
to read as follows:
3. If in the judgment of the department the anticipated
claims against the primary road fund for any month are in
excess of moneys available, a temporary transfer for highway
construction costs may be made from the farm=to=market road
fund to the primary road fund providing provided that there
will remain in the transferring fund a sufficient balance
to meet the anticipated obligations. All transfers shall
be repaid from the primary road fund to the farm=to=market
road fund within sixty days from the date of the transfer. A
transfer shall be made only with the approval of the director
of the department of management and shall comply with the
director of the department of management's rules relating to
the transfer of funds. Similar transfers may be made by the
department from the primary road fund to the farm=to=market
road fund and these transfers shall be subject to the same
terms and conditions that transfers from the farm=to=market
road fund to the primary road fund are subject.
Sec. 47. Section 313.4, subsection 1, paragraph a, Code
2016, is amended to read as follows:
a. Said The primary road fund is hereby appropriated for
and shall be used in the establishment, construction, and
maintenance of the primary road system, including the drainage,
grading, surfacing, and construction of bridges and culverts,;
the elimination or improvement of railroad crossings,; the
acquiring of additional right=of=way,; and all other expense
incurred in the construction and maintenance of said the
primary road system and the maintenance and housing of the
department.
Sec. 48. Section 321.189, subsection 2, paragraph a, Code
2016, is amended to read as follows:
a. Appearing on the driver's license shall be a
distinguishing number assigned to the licensee; the licensee's
full name, date of birth, sex, and residence address; a colored
color photograph; a physical description of the licensee;
the name of the state; the dates of issuance and expiration;
and the usual signature of the licensee. The license shall
identify the class of vehicle the licensee may operate and the
applicable endorsements and restrictions which the department
shall require by rule.
Sec. 49. Section 321.190, subsection 1, paragraph a, Code
2016, is amended to read as follows:
a. The department shall, upon application and payment
of the required fee, issue to an applicant a nonoperator's
identification card. To be valid the card shall bear a
distinguishing number other than a social security number
assigned to the cardholder, the full name, date of birth,
sex, residence address, a physical description and a colored
color photograph of the cardholder, the usual signature of
the cardholder, and such other information as the department
may require by rule. An applicant for a nonoperator's
identification card shall apply for the card in the manner
provided in section 321.182, subsections 1 through 3. The card
shall be issued to the applicant at the time of application
pursuant to procedures established by rule. An applicant for a
nonoperator's identification card who is required by 50 U.S.C.
app. {451 et seq. to register with the United States selective
service system shall be registered by the department with the
selective service system as provided in section 321.183.
Sec. 50. Section 321.215, subsection 5, Code 2016, is
amended to read as follows:
5. Notwithstanding any provision of this chapter to the
contrary, the department may issue a temporary restricted
license to a person eligible for a temporary restricted
license under this section if the person is also eligible for a
temporary restricted license under section 321J.20, provided
the requirements of each this section and section 321J.20 are
satisfied.
Sec. 51. Section 321.492, Code 2016, is amended to read as
follows:
321.492 Peace officers' authority.
1. A peace officer is authorized to stop a vehicle to
require exhibition of the driver's license of the driver, to
serve a summons or memorandum of traffic violation, to inspect
the condition of the vehicle, to inspect the vehicle with
reference to size, weight, cargo, log book, bills of lading
or other manifest of employment, tires, and safety equipment,
or to inspect the registration certificate, the compensation
certificate, travel order, or permit of the vehicle.
2. A peace officer having probable cause to stop a vehicle
may require exhibition of the proof of financial liability
coverage card issued for the vehicle if the vehicle is a motor
vehicle registered in this state.
3. a. All peace officers as defined in section 801.4,
subsection 11, paragraphs "a", "b", "c", and "h" may, having
reasonable grounds that equipment violations exist, conduct
spot inspections.
b. The department may designate employees under the
supervision of the department's administrator of motor vehicles
to conduct spot inspections.
Sec. 52. Section 321A.1, Code 2016, is amended to read as
follows:
321A.1 Definitions.
The following words and phrases when used in this chapter
shall, for the purposes of this chapter, have the meanings
respectively ascribed to them in this section, except in those
instances where the context clearly indicates a different
meaning:
1. County system. "Book", "list", "record", or "schedule"
kept by a county auditor, assessor, treasurer, recorder,
sheriff, or other county officer means the county system as
defined in section 445.1.
2. Department. "Department" means the state department of
transportation.
3. Judgment. A "Judgment" means a judgment which has become
final by expiration without appeal during the time within
which an appeal might have been perfected, or a judgment if
an appeal from the judgment has been perfected, which has not
been stayed by the execution, filing, and approval of a bond as
provided in rule of appellate procedure 6.601(1), or a judgment
which has become final by affirmation on appeal, rendered by
a court of competent jurisdiction of a state or of the United
States, upon a cause of action arising out of the ownership,
maintenance, or use of a motor vehicle, as defined in this
section, for damages, including damages for care and loss of
services, because of bodily injury to or death of a person, or
for damages because of injury to or destruction of property,
including the loss of use of property, or upon a cause of
action on an agreement of settlement for such damages.
4. License. A "License" means a driver's license as defined
in section 321.1 issued under the laws of this state.
5. Motor vehicle. "Motor vehicle" means every vehicle
which is self=propelled, but not including vehicles known
as trackless trolleys which are propelled by electric power
obtained from overhead trolley wires and not operated upon
rails. The term "car" or "automobile" shall be synonymous with
the term "motor vehicle". "Motor vehicle" does not include
special mobile equipment as defined in this section.
6. Nonresident. Every "Nonresident" means every person who
is not a resident of this state.
7. Nonresident operating privilege. The "Nonresident
operating privilege" means the privilege conferred upon a
nonresident by the laws of this state pertaining to the
operation by the nonresident of a motor vehicle, or the use of
a motor vehicle owned by the nonresident, in this state.
8. Operator. A "Operator" means a person who is in actual
physical control of a motor vehicle whether or not that person
has a driver's license as required under the laws of this
state.
9. Owner. "Owner" means a person who holds the legal
title of a motor vehicle; however, if the motor vehicle is the
subject of a security agreement with a right of possession in
the debtor, the debtor shall be deemed the owner for purposes
of this chapter or if the motor vehicle is leased as defined
in section 321.493, the lessee shall be deemed the owner for
purposes of this chapter.
10. Person. Every "Person" means every natural person,
firm, partnership, association, or corporation.
11. Proof of financial responsibility. Proof "Proof of
financial responsibility" means proof of ability to respond
in damages for liability, on account of accidents occurring
subsequent to the effective date of the proof, arising out
of the ownership, maintenance, or use of a motor vehicle, in
amounts as follows: With respect to accidents occurring on
or after January 1, 1981, and prior to January 1, 1983, the
amount of fifteen thousand dollars because of bodily injury to
or death of one person in any one accident, and, subject to the
limit for one person, the amount of thirty thousand dollars
because of bodily injury to or death of two or more persons
in any one accident, and the amount of ten thousand dollars
because of injury to or destruction of property of others in
any one accident; and with respect to accidents occurring on or
after January 1, 1983, the amount of twenty thousand dollars
because of bodily injury to or death of one person in any one
accident, and, subject to the limit for one person, the amount
of forty thousand dollars because of bodily injury to or death
of two or more persons in any one accident, and the amount of
fifteen thousand dollars because of injury to or destruction of
property of others in any one accident.
12. Registration. Registration "Registration" means a
registration certificate or certificates and registration
plates issued under the laws of this state pertaining to the
registration of motor vehicles.
13. Special mobile equipment. "Special mobile equipment"
means every vehicle not designed or used primarily for the
transportation of persons or property and incidentally operated
or moved over the highways, including road construction or
maintenance machinery, ditch=digging apparatus, and implements
of husbandry as defined in section 321.1, subsection 32. This
description does not exclude other vehicles which are within
the general terms of this subsection.
14. State. Any "State" means any state, territory, or
possession of the United States, the District of Columbia, or
any province of the Dominion of Canada.
Sec. 53. Section 321A.30, Code 2016, is amended to read as
follows:
321A.30 Rights not affected.
This chapter shall not prevent the owner of a motor vehicle,
the registration of which has been suspended hereunder, from
effecting a bona fide sale of such motor vehicle to another
person whose rights or privileges are not suspended under this
chapter nor prevent the registration of such motor vehicle by
such transferee. This chapter shall not in any wise way affect
the rights of any secured party or lessor of a motor vehicle
registered in the name of another as owner who becomes subject
to the provisions of this chapter.
Sec. 54. Section 321J.20, subsection 9, Code 2016, is
amended to read as follows:
9. Notwithstanding any provision of this chapter to the
contrary, the department may issue a temporary restricted
license to a person eligible for a temporary restricted
license under this section if the person is also eligible for a
temporary restricted license under section 321.215, provided
the requirements of each this section and section 321.215 are
satisfied.
Sec. 55. Section 331.207, subsection 3, Code 2016, is
amended to read as follows:
3. The supervisor representation plans submitted at the
special election shall be stated in substantially the following
manner:
The individual members of the board of supervisors in ......
county, Iowa, shall be elected:
Plan "one." "one". At large and without district residence
requirements for the members.
Plan "two." "two". At large but with equal=population
district residence requirements for the members.
Plan "three." "three". From single=member equal=population
districts in which the electors of each district shall elect
one member who must reside in that district.
Sec. 56. Section 357A.2, subsection 4, paragraph d,
subparagraph (2), subparagraph division (c), Code 2016, is
amended to read as follows:
(c) If the city reserving the right to provide service
fails to provide service within three years of receipt of the
water plan submitted under paragraph "a", the city waives
its right to provide water service and shall provide notice
to the district or association by certified mail and the
district or association may provide service within the area
of the water plan submitted under paragraph "a". If the city
fails to provide notice to the district or association, the
district or association may provide service in accordance with
this paragraph "d", regardless of whether the district or
association has received such notice.
Sec. 57. Section 357A.2, subsection 4, paragraph d,
subparagraph (3), Code 2016, is amended to read as follows:
(3) If the district or association fails to provide
service within three years after a city waives the right to
provide water service under this paragraph "d", the district
or association shall provide notice to the city by certified
mail and the city may provide service within the area of the
water plan submitted under paragraph "a". If the district
or association fails to provide notice to the city, the city
may provide service in accordance with this paragraph "d",
regardless of whether the city has received such notice.
Sec. 58. Section 384.78, Code 2016, is amended to read as
follows:
384.78 Prior proceedings.
Projects and proceedings for the levy of special assessments
and the issuance of special assessment bonds commenced
before the effective date of the city code may be hereafter
consummated and completed and special assessments levied and
special assessment bonds issued as required or permitted by
any statute or other law amended or repealed by 64GA 1972 Iowa
Acts, chapter ch. 1088, as though such repeal or amendment
had not occurred, and the rights, duties, and interests
flowing from such projects and proceedings remain valid
and enforceable. Without limiting the foregoing, projects
commenced prior to said effective date may be financed by the
issuance of special assessment bonds and other bonds under any
such amended or repealed law or by the issuance of special
assessment bonds, or other bonds under the city code. For the
purposes of this section, commencement of a project includes
but is not limited to action taken by the council or authorized
officer to fix a date for a hearing in connection with any part
of a public improvement, and commencement of proceedings for
the levy of special assessments and the issuance of special
assessment bonds includes but is not limited to action taken by
the council to fix a date for a hearing in connection with any
public improvement proposed to be financed in whole or in part
through special assessments.
Sec. 59. Section 384.84, subsection 6, paragraph b, Code
2016, is amended to read as follows:
b. A legal entity described in subsection 3, paragraph
"e" or "f", shall have the same powers and duties as a city
utility or enterprise under paragraph "a" of this subsection
with respect to filing suit in an appropriate court against a
customer if the customer's account for such services becomes
delinquent.
Sec. 60. Section 384.103, subsection 2, paragraph b, Code
2016, is amended to read as follows:
b. In that event event, the chief officer or official of the
governing body or the governing body may accept, enter into,
and make payment under a contract for emergency repairs without
holding a public hearing and advertising for bids, and the
provisions of chapter 26 do not apply.
Sec. 61. Section 403A.3, subsections 4, 5, and 7, Code 2016,
are amended to read as follows:
4. To lease or rent any dwellings, accommodations, lands,
buildings, structures, or facilities embraced in any project
and, subject to the limitations contained in this chapter with
respect to the rental of dwellings in housing projects, to
establish and revise the rents or charges therefor; to own,
hold, and improve real or personal property; to purchase,
lease, obtain options upon, acquire by gift, grant, bequest,
devise, or otherwise any real or personal property or any
interest therein; to acquire by the exercise of the power of
eminent domain any real property subject to section 403A.20;
to sell, lease, exchange, transfer, assign, pledge, or dispose
of any real or personal property or any interest therein; to
insure or provide for the insurance, in any stock or mutual
company of any real or personal property or operations of the
municipality against any risks or hazards; and to procure
or agree to the procurement of federal or state government
insurance or guarantees of the payment of any bonds or parts
thereof issued by a municipality, including the power to pay
premiums on any such insurance.
5. To invest any funds held in connection with a housing
project in reserve or sinking funds, or any fund not required
for immediate disbursement, in property or securities which
banks designated as state depositories may use to secure
the deposit of state funds; and to redeem its bonds at the
redemption price established therein or to purchase its bonds
at less than such redemption price, all bonds so redeemed or
purchased to be canceled.
7. To conduct examinations and investigations and to hear
testimony and take proof under oath at public or private
hearings on any matter material for its information; to
administer oaths, issue subpoenas requiring the attendance of
witnesses or the production of books and papers and to issue
commissions for the examination of witnesses who are outside
of the state or unable to attend or excused from attendance;
and to make available to appropriate agencies, including those
charged with the duty of abating or requiring the correction
of nuisances or like conditions or of demolishing unsafe
or insanitary structures within its area of operation, its
findings and recommendations with regard to any building or
property where conditions exist which are dangerous to the
public health, morals, safety, or welfare.
Sec. 62. Section 403A.13, Code 2016, is amended to read as
follows:
403A.13 Form and sale of bonds.
1. Bonds of a municipality shall be authorized by its
resolution and may be issued in one or more series and shall
bear such date or dates, mature at such time or times, bear
interest at such rate or rates, not exceeding that permitted by
chapter 74A, be in such denomination or denominations, be in
such form either coupon or registered, carry such conversion
or registration privileges, have such rank or priority, be
executed in such manner, be payable in such medium of payment,
at such place or places, and be subject to such terms of
redemption (with redemption, with or without premium) premium,
as such resolution, its trust indenture or mortgage may
provide.
2. The bonds may be sold at public or private sale at not
less than par.
3. If the officers of the municipality whose signatures
appear on any bonds or coupons shall cease to be such officers
before the delivery of the bonds, their signatures shall,
nevertheless, be valid and sufficient for all purposes,
the same as if the officers had remained in office until
such delivery. Any provision of any law to the contrary
notwithstanding, any bonds issued pursuant to this chapter
shall be fully negotiable.
4. In any suit, action or proceedings involving the validity
or enforcement of any bond issued pursuant to this chapter or
the security therefor, any such bond reciting in substance that
it has been issued by the municipality pursuant to this chapter
shall be conclusively deemed to have been issued for such
purpose and the housing project in respect to which such bond
was issued shall be conclusively deemed to have been planned,
located, and carried out in accordance with the purposes and
provisions of this chapter.
Sec. 63. Section 403A.14, subsection 1, paragraph j, Code
2016, is amended to read as follows:
j. Exercise all or any part or combination of the powers
herein granted; make such covenants (other covenants, other
than and in addition to the covenants herein expressly
authorized) authorized; and do any and all such acts and
things as may be necessary or convenient or desirable in order
to secure its bonds, or, in the absolute discretion of said
municipality, as will tend to make the bonds more marketable
notwithstanding that such covenants, acts or things may not be
enumerated herein.
Sec. 64. Section 403A.16, unnumbered paragraph 1, Code
2016, is amended to read as follows:
A municipality shall have power by its resolution, trust
indenture, mortgage, lease or other contract to confer upon any
obligee the right (in right, in addition to all rights that may
otherwise be conferred) conferred, upon the happening of an
event of default as defined in such resolution or instrument,
by suit, action, or proceeding in any court of competent
jurisdiction to:
Sec. 65. Section 403A.17, Code 2016, is amended to read as
follows:
403A.17 Exemption of property from execution sale.
All property (including funds) property, including funds,
owned or held by a municipality for the purposes of this
chapter shall be exempt from levy and sale by virtue of an
execution, and no execution or other judicial process shall
issue against the same nor shall any judgment against the
municipality be a charge or lien upon such property: Provided,
however property. However, that the provisions of this section
shall not apply to or limit the right of obligees to foreclose
or otherwise enforce any mortgage or other security executed
or issued pursuant to this chapter or the right of obligees
to pursue any remedies for the enforcement of any pledge or
lien on rents, fees, or revenues or the right of the federal
government to pursue any remedies conferred upon it pursuant to
the provisions of this chapter.
Sec. 66. Section 403A.18, Code 2016, is amended to read as
follows:
403A.18 Transfer of possession or title to federal
government.
In any contract with the federal government for annual
contributions to a municipality, the municipality may
obligate itself (which itself, which obligation shall be
specifically enforceable and shall not constitute a mortgage,
notwithstanding any other law) law, to convey to the federal
government possession of or title to the housing project
to which such contract relates, upon the occurrence of a
substantial default (as as defined in such contract) contract
with respect to the covenant or conditions to which the
municipality is subject; and such contract may further provide
that in case of such conveyance, the federal government may
complete, operate, manage, lease, convey, or otherwise deal
with the housing project and funds in accordance with the
terms of such contract: Provided, that the contract requires
that, as soon as practicable after the federal government is
satisfied that all defaults with respect to the housing project
have been cured and that the housing project will thereafter
be operated in accordance with the terms of the contract, the
federal government shall reconvey to the municipality the
housing project as then constituted.
Sec. 67. Section 404.5, Code 2016, is amended to read as
follows:
404.5 Physical review of property by assessor.
1. The local assessor shall review each first=year
application by making a physical review of the property, to
determine if the improvements made increased the actual value
of the qualified real estate by at least fifteen percent or
at least ten percent in the case of real property assessed
as residential property or the applicable percent increase
requirement adopted by the city or county under section
404.2. If the assessor determines that the actual value of
that real estate has increased by at least the requisite
percent, the assessor shall proceed to determine the actual
value of the property and certify the valuation determined
pursuant to section 404.3 to the county auditor at the time of
transmitting the assessment rolls. However, if a new structure
is erected on land upon which no structure existed at the
start of the new construction, the assessor shall proceed to
determine the actual value of the property and certify the
valuation determined pursuant to section 404.3 to the county
auditor at the time of transmitting the assessment rolls. The
assessor shall notify the applicant of the determination, and
the assessor's decision may be appealed to the local board
of review at the times specified in section 441.37. If an
application for exemption is denied as a result of failure to
sufficiently increase the value of the real estate as provided
in section 404.3, the owner may file a first annual application
in a subsequent year when additional improvements are made to
satisfy requirements of section 404.3, and the provisions of
section 404.4 shall apply. After the tax exemption is granted,
the local assessor shall continue to grant the tax exemption,
with periodic physical review by the assessor, for the time
period specified in section 404.3, subsection 1, 2, 3, or 4, or
specified in the different schedule if one has been adopted,
under which the exemption was granted. The tax exemptions for
the succeeding years shall be granted without the taxpayer
having to file an application for the succeeding years.
2. For the purposes of this section, the actual value of
the property upon which the value of improvements in the form
of rehabilitation or additions to existing structures shall
be determined shall be the lower of either the amount listed
on the assessment rolls in the assessment year in which such
improvements are first begun or the price paid by the owner if
the improvements in the form of rehabilitation or additions to
existing structures were begun within one year of the date the
property was purchased and the sale was a fair and reasonable
exchange between a willing buyer and a willing seller,
neither being under any compulsion to buy or sell and each
being familiar with all the facts relating to the particular
property.
Sec. 68. Section 422.7, subsections 12A, 20, and 37, Code
2016, are amended to read as follows:
12A. a. If the adjusted gross income includes income or
loss from a business operated by the taxpayer, and if the
business does not qualify for the adjustment under subsection
12, an additional deduction shall be allowed in computing the
income or loss from the business if the business hired for
employment in the state during its annual accounting period
ending with or during the taxpayer's tax year either of the
following:
a. (1) An individual domiciled in this state at the time of
the hiring who meets any of the following conditions:
(1) (a) Has been convicted of a felony in this or any other
state or the District of Columbia.
(2) (b) Is on parole pursuant to chapter 906.
(3) (c) Is on probation pursuant to chapter 907, for an
offense other than a simple misdemeanor.
(4) (d) Is in a work release program pursuant to chapter
904, division IX.
b. (2) An individual, whether or not domiciled in this
state at the time of the hiring, who is on parole or probation
and to whom the interstate probation and parole compact under
section 907A.1, Code 2001, applies, or to whom the interstate
compact for adult offender supervision under chapter 907B
applies.
b. The amount of the additional deduction is equal to
sixty=five percent of the wages paid to individuals, but shall
not exceed twenty thousand dollars per individual, named in
paragraphs "a" paragraph "a", subparagraphs (1) and "b" (2)
who were hired for the first time by that business during the
annual accounting period for work done in the state. This
additional deduction is allowed for the wages paid to those
individuals successfully completing a probationary period
during the twelve months following the date of first employment
by the business and shall be deducted at the close of the
annual accounting period.
c. The additional deduction shall not be allowed for wages
paid to an individual who was hired to replace an individual
whose employment was terminated within the twelve=month
period preceding the date of first employment. However, if
the individual being replaced left employment voluntarily
without good cause attributable to the employer or if the
individual was discharged for misconduct in connection with
the individual's employment as determined by the department
of workforce development, the additional deduction shall be
allowed.
d. A taxpayer who is a partner of a partnership or a
shareholder of a subchapter S corporation, may deduct that
portion of wages qualified under this subsection paid by the
partnership or subchapter S corporation based on the taxpayer's
pro rata share of the profits or losses from the partnership or
subchapter S corporation.
e. The department shall develop and distribute information
concerning the deduction available for businesses employing
persons named in paragraphs "a" paragraph "a", subparagraphs (1)
and "b" (2).
20. a. Subtract, to the extent included, the proceeds
received pursuant to a judgment in or settlement of a lawsuit
against the manufacturer or distributor of a Vietnam herbicide
for damages resulting from exposure to the herbicide. This
subsection applies to proceeds received by a taxpayer who is a
disabled veteran or who is a beneficiary of a disabled veteran.
b. For purposes of this subsection:
a. (1) "Vietnam herbicide" means a herbicide, defoliant
or other causative agent containing dioxin, including, but
not limited to, Agent Orange, used in the Vietnam Conflict
beginning December 22, 1961, and ending May 7, 1975, inclusive.
b. (2) "Agent Orange" means the herbicide composed of
trichlorophenoxyacetic acid and dichlorophenoxyacetic acid and
the contaminant dioxin (TCDD).
37. a. Notwithstanding the method for computing income from
an installment sale under section 453 of the Internal Revenue
Code, as defined in section 422.3, the method to be used in
computing income from an installment sale shall be the method
under section 453 of the Internal Revenue Code, as amended up
to and including January 1, 2000. A taxpayer affected by this
subsection shall make adjustments in the adjusted gross income
pursuant to rules adopted by the director.
b. The adjustment to net income provided in this subsection
is repealed for tax years beginning on or after January 1,
2002. However, to the extent that a taxpayer using the accrual
method of accounting reported the entire capital gain from the
sale or exchange of property on the Iowa return for the tax
year beginning in the 2001 calendar year and the capital gain
was reported on the installment method on the federal income
tax return, any additional installment from the capital gain
reported for federal income tax purposes is not to be included
in net income in tax years beginning on or after January 1,
2002.
Sec. 69. Section 441.10, Code 2016, is amended to read as
follows:
441.10 Deputies ==== examination and appointment ==== suspension
or discharge.
1. Immediately after the appointment of the assessor,
and at other times as the conference board directs, one or
more deputy assessors may be appointed by the assessor. Each
appointment shall be made from either the list of eligible
candidates provided by the director of revenue, which shall
contain only the names of those persons who achieve a score of
seventy percent or greater on the examination administered by
the director of revenue, or the list of candidates eligible
for appointment as city or county assessor. Examinations for
the position of deputy assessor shall be conducted in the same
manner as examinations for the position of city or county
assessor.
2. Following the administration of the examination, the
director of revenue shall establish a register containing
the names, in alphabetical order, of all individuals who are
eligible for appointment as a deputy assessor. The test scores
of individuals on the register shall be given to a city or
county conference board upon request. All eligible individuals
shall remain on the register for a period of two years
following the date of certification granted by the director.
3. Incumbent deputy assessors who have served six
consecutive years shall be placed on the register of
individuals eligible for appointment as deputy assessor. In
order to be appointed to the position of deputy assessor, the
deputy assessor shall comply with the continuing education
requirements. The number of credits required for certification
as eligible for appointment as a deputy assessor in a
jurisdiction other than where the deputy assessor is currently
serving shall be prorated according to the percentage of the
deputy assessor's term which is covered by the continuing
education requirements of section 441.8. The credit necessary
for certification for appointment is the product of ninety
multiplied by the quotient of the number of months served of
a deputy assessor's term covered by the continuing education
requirements of section 441.8 divided by seventy=two. If the
number of credits necessary for certification for appointment
as determined under this paragraph subsection results in a
partial credit hour, the credit hour shall be rounded to the
nearest whole number.
4. The assessor may peremptorily suspend or discharge
any deputy assessor under the assessor's direction upon
written charges for neglect of duty, disobedience of orders,
misconduct, or failure to properly perform the deputy
assessor's duties. Within five days after delivery of written
charges to the employee, the deputy assessor may appeal by
written notice to the secretary or chairperson of the examining
board. The board shall grant the deputy assessor a hearing
within fifteen days, and a decision by a majority of the
examining board is final. The assessor shall designate one of
the deputies as chief deputy, and the assessor shall assign to
each deputy the duties, responsibilities, and authority as is
proper for the efficient conduct of the assessor's office.
Sec. 70. Section 445.3, Code 2016, is amended to read as
follows:
445.3 Actions authorized.
1. In addition to all other remedies and proceedings
now provided by law for the collection of taxes, the county
treasurer may bring or cause an ordinary suit at law to be
commenced and prosecuted in the treasurer's name for the use
and benefit of the county for the collection of taxes from
any person, as shown by the county system in the treasurer's
office, and the suit shall be in all respects commenced, tried,
and prosecuted to final judgment the same as provided for
ordinary actions.
2. The commencement of actions for ad valorem taxes
authorized under this section shall not begin until the
issuance of a tax sale certificate under the requirements of
section 446.19. The commencement of actions for all other
taxes authorized under this section shall not begin until ten
days after the publication of tax sale under the requirements
of section 446.9, subsection 2. This paragraph subsection does
not apply to the collection of ad valorem taxes under section
445.32, and grain handling taxes under section 428.35.
3. Notwithstanding the provisions in section 535.3,
interest on the judgment shall be at the rate provided
in section 447.1 and shall commence from the month of the
commencement of the action. This interest shall be in lieu of
the interest assessed under section 445.39 from and after the
month of the commencement of the action.
4. An appeal may be taken to the Iowa supreme court as in
other civil cases regardless of the amount involved.
5. Notwithstanding any other provisions in this section,
if the treasurer is unable or has reason to believe that the
treasurer will be unable to offer land at the annual tax sale
to collect the total amount due, the treasurer may immediately
collect the total amount due by the commencement of an action
under this section.
6. Notwithstanding any other provision of law, if a statute
authorizes the collection of a delinquent tax, assessment,
rate, or charge by tax sale, the tax, assessment, rate, or
charge, including interest, fees, and costs, may also be
collected under this section and section 445.4.
7. This section is remedial and shall apply to all
delinquent taxes included in a tax sale certificate of purchase
issued to a county. Upon assignment of a county=held tax sale
certificate, this section shall not apply to the assignee.
Sec. 71. Section 452A.10, Code 2016, is amended to read as
follows:
452A.10 Required records.
1. a. A motor fuel or special fuel supplier, restrictive
supplier, importer, exporter, blender, dealer, user, common
carrier, contract carrier, terminal, or nonterminal storage
facility shall maintain, for a period of three years, records
of all transactions by which the supplier, restrictive
supplier, or importer withdraws from a terminal or a
nonterminal storage facility within this state or imports into
this state motor fuel or undyed special fuel together with
invoices, bills of lading, and other pertinent records and
papers as required by the department.
b. If in the normal conduct of a supplier's, restrictive
supplier's, importer's, exporter's, blender's, dealer's,
user's, common carrier's, contract carrier's, terminal's,
or nonterminal storage facility's business the records are
maintained and kept at an office outside this state, the
records shall be made available for audit and examination by
the department at the office outside this state, but the audit
and examination shall be without expense to this state.
2. Each distributor handling motor fuel or special fuel in
this state shall maintain for a period of three years records
of all motor fuel or undyed special fuel purchased or otherwise
acquired by the distributor, together with delivery tickets,
invoices, and bills of lading, and any other records required
by the department.
3. The department, after an audit and examination of records
required to be maintained under this section, may authorize
their disposal upon the written request of the supplier,
restrictive supplier, importer, exporter, blender, dealer,
user, carrier, terminal, nonterminal storage facility, or
distributor.
Sec. 72. Section 452A.57, subsection 8, Code 2016, is
amended to read as follows:
8. "Motor vehicle" shall mean and include all vehicles
(except vehicles, except those operated on rails) rails,
which are propelled by internal combustion engines and
are of such design as to permit their mobile use on public
highways for transporting persons or property. A farm tractor
while operated on a farm or for the purpose of hauling farm
machinery, equipment, or produce shall not be deemed to be
a motor vehicle. "Motor vehicle" shall not include "mobile
machinery and equipment" as defined in this section.
Sec. 73. Section 452A.66, Code 2016, is amended to read as
follows:
452A.66 Statutes applicable to motor fuel tax.
1. The appropriate state agency shall administer the taxes
imposed by this chapter in the same manner as and subject to
section 422.25, subsection 4, and section 423.35.
2. All the provisions of section 422.26 shall apply in
respect to the taxes, penalties, interest, and costs imposed
by this chapter excepting that as applied to any tax imposed
by this chapter, the lien therein provided in section 422.26
shall be prior and paramount over all subsequent liens upon any
personal property within this state, or right to such personal
property, belonging to the taxpayer without the necessity of
recording as therein provided. The requirements for recording
shall, as applied to the tax imposed by this chapter, apply
only to the liens upon real property. When requested to do
so by any person from whom a taxpayer is seeking credit,
or with whom the taxpayer is negotiating the sale of any
personal property, or by any other person having a legitimate
interest in such information, the director shall, upon being
satisfied that such a situation exists, inform such person as
to the amount of unpaid taxes due by such taxpayer under the
provisions of this chapter. The giving of such information
under such circumstances shall not be deemed a violation of
section 452A.63 as applied to this chapter.
Sec. 74. Section 453A.1, subsection 4, Code 2016, is amended
to read as follows:
4. "Cigarette" means any roll for smoking made wholly or in
part of tobacco, or any substitute for tobacco, irrespective of
size or shape and irrespective of tobacco or any substitute for
tobacco being flavored, adulterated, or mixed with any other
ingredient, where such roll has a wrapper or cover made of
paper or any other material. Provided the definition herein
However, "cigarette" shall not be construed to include cigars.
Sec. 75. Section 455B.133B, subsection 4, paragraph c,
subparagraph (2), Code 2016, is amended to read as follows:
(2) A person invited to attend a stakeholder meeting is not
entitled to receive a per diem as specified in section 7E.6
and shall not be not reimbursed for expenses incurred while
attending the meeting.
Sec. 76. Section 455B.133C, subsection 4, paragraph c,
subparagraph (2), Code 2016, is amended to read as follows:
(2) A person invited to attend a stakeholder meeting is not
entitled to receive a per diem as specified in section 7E.6
and shall not be not reimbursed for expenses incurred while
attending the meeting.
Sec. 77. Section 455B.183, subsection 2, paragraph a, Code
2016, is amended to read as follows:
a. The submitted plans and specifications are in substantial
compliance with departmental rules and the Iowa Standards
standards for Sewer Systems sewer systems and the Iowa
Standards standards for Water Supply Distribution Systems water
supply distribution systems.
Sec. 78. Section 455B.187, Code 2016, is amended to read as
follows:
455B.187 Water well construction.
1. A contractor shall not engage in well construction
or reconstruction without first being certified as required
in this part and department rules adopted pursuant to this
part. Water wells shall not be constructed, reconstructed,
or abandoned by a person except as provided in this part or
rules adopted pursuant to this part. Within thirty days after
construction or reconstruction of a well, a contractor shall
provide well information required by rule to the department and
the Iowa geological survey.
2. A landowner or the landowner's agent shall not drill
for or construct a new water well without first obtaining a
permit for this activity from the department. The department
shall not issue a permit to any person for this activity unless
the person first registers with the department all wells,
including abandoned wells, on the property. The department
may delegate the authority to issue a permit to a county board
of supervisors or the board's designee. In the event of such
delegation, the department shall retain concurrent authority.
The commission shall adopt rules pursuant to chapter 17A to
implement this paragraph subsection.
3. The director may charge a fee for permits issued pursuant
to this section. All fees collected pursuant to this section
shall be deposited into the private water supply system account
within the water quality protection fund created in section
455B.183A.
4. Notwithstanding the provisions of this section, a county
board of supervisors or the board's designee may grant an
exemption from the permit requirements to a landowner or the
landowner's agent if an emergency drilling is necessary to meet
an immediate need for water. The exemption shall be effective
immediately upon approval of the county board of supervisors or
the board's designee. The board of supervisors or the board's
designee shall notify the director within thirty days of the
granting of an exemption.
5. In the case of property owned by a state agency, a person
shall not drill for or construct a new water well without
first registering with the department the existence of any
abandoned wells on the property. The department shall develop
a prioritized closure program and time frame for the completion
of the program, and shall adopt rules to implement the program.
Sec. 79. Section 455B.474, subsection 3, unnumbered
paragraph 1, Code 2016, is amended to read as follows:
Standards of performance for new underground storage
tanks which shall include but are not limited to design,
construction, installation, release detection, and
compatibility standards. Until the effective date of the
standards adopted by the commission and after January 1, 1986,
a person shall not install an underground storage tank for
the purpose of storing regulated substances unless the tank
(whether tank, whether of single or double wall construction)
construction, meets all the following conditions:
Sec. 80. Section 460.305, Code 2016, is amended to read as
follows:
460.305 Sinkholes ==== conservation easement programs program.
1. The department shall develop and implement a program for
the prevention of groundwater contamination through sinkholes.
The program shall provide for education of landowners and
encourage responsible chemical and land management practices in
areas of the state prone to the formation of sinkholes.
2. The program may provide financial incentives for land
management practices and the acquisition of conservation
easements around sinkholes. The program may also provide
financial assistance for the cleanup of wastes dumped into
sinkholes.
3. The program shall be coordinated with the groundwater
protection programs of the department of natural resources
and other local, state, or federal government agencies which
could compensate landowners for resource protection measures.
The department shall use moneys appropriated for this purpose
from the agriculture management account of the groundwater
protection fund created in section 455E.11.
Sec. 81. Section 468.13, Code 2016, is amended to read as
follows:
468.13 Procedure on report ==== classification.
1. Upon the filing of the report of the engineer
recommending the establishment of the levee or drainage
district, the board shall at its first regular, adjourned, or
special meeting examine and consider the same, and, if the plan
is not approved the board may employ said the same engineer
or another disinterested engineer to report another plan or
make additional examination and surveys and file an additional
report covering such matters as the board may direct.
Additional surveys and reports must be made in accordance with
the provisions of sections 468.11 and 468.12. At any time
prior to the final adoption of the plans they may be amended,
and as finally adopted by the board shall be conclusive unless
the action of the board in finally adopting them shall be
appealed from as hereinafter provided.
2. If the petition or other landowners requested a
classification of the district prior to establishment, the
board shall order a classification as provided by sections
468.38 through 468.44 after they have approved the report
of the engineer as a tentative plan. The notice of hearing
provided by section 468.14 shall also include the requirements
of the notice of hearing provided in section 468.45 as to this
classification, and the hearing on the petition provided in
section 468.21 shall also include the matters to be heard as
provided in section 468.46.
3. If the board establishes the district as provided in
section 468.22, the classification which is finally approved
at said the hearing by the board shall remain the basis of
all future assessments for the purposes of said district as
provided in section 468.49. The landowners shall have the
same right of appeal from this classification as they would
have if the petition had not requested a classification prior
to establishment and the classification had been made after
establishment.
Sec. 82. Section 468.35, subsection 2, Code 2016, is amended
to read as follows:
2. A bid shall be in writing, specifying the portion
of the work upon which the bid is made, and filed with the
auditor. The bid shall be accompanied with a bid security.
The bid security shall be in the form of a deposit of cash, a
certified check on and certified by a bank in Iowa, a certified
share draft drawn on a credit union in Iowa, or a bid bond
with a corporate surety satisfactory to the board as provided
in section 73A.20. The bid security must be payable to the
auditor or the auditor's order at the auditor's office in a
sum equal to five percent of the amount of the bid. However,
if the maximum limit on a bid security would cause a denial
of funds or services from the federal government which would
otherwise be available, or if the maximum limit would otherwise
be inconsistent with the requirements of federal law, the
maximum limit may be suspended to the extent necessary to
prevent denial of federal funds or services or to eliminate
the inconsistency with federal requirements. The cash, check,
or share draft of an unsuccessful bidder shall be returned,
and the bid bond of an unsuccessful bidder shall be canceled.
The bid security of a successful bidder shall be maintained
as a guarantee that the bidder will enter into a contract in
accordance with the bids.
Sec. 83. Section 468.103, Code 2016, is amended to read as
follows:
468.103 Final settlement ==== claims for damages.
1. If it the board finds the work under any contract has
been completed and accepted, the board shall compute the
balance due, and if there are no liens on file against such
balance, it shall enter of record an order directing the
auditor to draw a warrant in favor of said the contractor upon
the levee or drainage fund of said the district or give the
contractor an order directing the county treasurer to deliver
to the contractor improvement certificates or drainage bonds,
as the case may be, for such balance found to be due, but
such warrants, improvement certificates or bonds shall not be
delivered to the contractor until the expiration of thirty days
after the acceptance of the work.
2. If any claims for damages have been filed as provided
in section 468.102, the board shall review said claims and
determine said the claims. If the determination by the board
on any claim for damages results in a finding by the board
that the damages resulting to the claimant were due to the
negligence of the contractor, then the board shall provide for
payment of said the claim out of the remaining funds owing to
the contractor. If the determination by the board results
in a finding that the damages resulting to the claimant were
not due to the negligence of the contractor, but resulted from
unavoidable necessity in the performance of the contract, then
the board shall allow for payment of said the claim in the
amount fixed by the board out of the funds in said the drainage
district.
Sec. 84. Section 475A.6, Code 2016, is amended to read as
follows:
475A.6 Certification of expenses to utilities division.
1. a. The consumer advocate shall determine the advocate's
expenses, including a reasonable allocation of general office
expenses, directly attributable to the performance of the
advocate's duties involving specific persons subject to direct
assessment, and shall certify the expenses to the utilities
division not less than quarterly. The expenses shall then be
includable in the expenses of the division subject to direct
assessment under section 476.10.
b. The consumer advocate shall annually, within ninety days
after the close of each fiscal year, determine the advocate's
expenses, including a reasonable allocation of general office
expenses, attributable to the performance of the advocate's
duties generally, and shall certify the expenses to the
utilities division. The expenses shall then be includable in
the expenses of the division subject to remainder assessment
under section 476.10.
2. The consumer advocate is entitled to notice and
opportunity to be heard in any utilities board proceeding
on objection to an assessment for expenses certified by the
consumer advocate. Expenses assessed under this section shall
not exceed the amount appropriated for the consumer advocate
division of the department of justice.
3. The office of consumer advocate may expend additional
funds, including funds for outside consultants, if those
additional expenditures are actual expenses which exceed
the funds budgeted for the performance of the advocate's
duties. Before the office expends or encumbers an amount in
excess of the funds budgeted, the director of the department
of management shall approve the expenditure or encumbrance.
Before approval is given, the director of the department of
management shall determine that the expenses exceed the funds
budgeted by the general assembly to the office of consumer
advocate and that the office does not have other funds from
which such expenses can be paid. Upon approval of the director
of the department of management, the office may expend and
encumber funds for excess expenses. The amounts necessary
to fund the excess expenses shall be collected from those
utilities or persons which caused the excess expenditures,
and the collections shall be treated as repayment receipts as
defined in section 8.2, subsection 8.
Sec. 85. Section 476B.6, subsection 5, paragraph d, Code
2016, is amended to read as follows:
d. If the tax credit application is filed by a partnership,
limited liability company, S corporation, estate, trust, or
other reporting entity, all of whose the income of which is
taxed directly to its equity holders or beneficiaries for the
taxes imposed under chapter 422, division V, or under chapter
423, 432, or 437A, the tax credit certificate shall be issued
directly to the partnership, limited liability company, S
corporation, estate, trust, or other reporting entity.
Sec. 86. Section 476C.4, subsection 4, paragraph d, Code
2016, is amended to read as follows:
d. If the tax credit application is filed by a partnership,
limited liability company, S corporation, estate, trust, or
other reporting entity, all of whose the income of which is
taxed directly to its equity holders or beneficiaries for the
taxes imposed under chapter 422, division V, or under chapter
423, 432, or 437A, the tax credit certificate shall be issued
directly to the partnership, limited liability company, S
corporation, estate, trust, or other reporting entity.
Sec. 87. Section 478.14, Code 2016, is amended to read as
follows:
478.14 Service furnished.
1. Any city which owns or operates a system for the
distribution of electric light or power, and which has obtained
electric energy for such distribution from any person or firm
or corporation owning or operating an electric light and power
plant or transmission line, shall be entitled to have the
service reasonably needed by such municipality and its patrons
continued at and for a reasonable rate and charge and under
reasonable rules of service.
2. It shall be unlawful for the owner or operator of such
the light and power plant or transmission line to disconnect
or discontinue such service (except service, except during
nonpayment of reasonable charges) charges, so long as such the
operator holds or enjoys any franchise to go upon or use any
public streets, highways, or grounds.
3. Until the municipality and the operator shall agree upon
a rate or charge for such the service the municipality shall
pay and the operator shall accept the rate provided in the
expired contract if any existed, and, if none existed, then the
rate before paid. This shall be without prejudice, however,
to the right of either party to test in court or before any
lawfully constituted rate=making tribunal the reasonableness
of such the rate.
4. This section shall not apply if the original service
to the municipality was given in case of emergency or for any
other temporary purpose.
Sec. 88. Section 481A.22, subsection 4, Code 2016, is
amended to read as follows:
4. It is unlawful for any person to hold, conduct, or to
participate in a field or retriever trial before the permit
required by this section has been secured or for any person to
possess or remove from the trial grounds any birds which have
not been tagged as required in this section required.
Sec. 89. Section 508.37, subsection 6, paragraph d, Code
2016, is amended to read as follows:
d. (1) All adjusted premiums and present values referred
to in this section shall for policies of ordinary insurance
be calculated on the basis of the Commissioners 1958 Standard
Ordinary Mortality Table commissioners 1958 standard ordinary
mortality table, provided that for any category of ordinary
insurance issued on female risks, adjusted premiums and present
values may be calculated according to an age not more than
six years younger than the actual age of the insured. The
calculations for all policies of industrial insurance issued
before January 1, 1968, shall be made on the basis of the
1941 Standard Industrial Mortality Table standard industrial
mortality table, except that a company may file with the
commissioner a written notice of its election that the adjusted
premiums and present values shall be calculated on the basis
of the Commissioners 1961 Standard Industrial Mortality Table
commissioners 1961 standard industrial mortality table, after
a specified date before January 1, 1968. Whether or not
any election has been made, the Commissioners 1961 Standard
Industrial Mortality Table commissioners 1961 standard
industrial mortality table shall be the basis for these
calculations as to all policies of industrial insurance issued
on or after January 1, 1968. All calculations shall be made
on the basis of the rate of interest specified in the policy
for calculating cash surrender values and paid=up nonforfeiture
benefits, provided that the rate of interest shall not exceed
three and one=half percent per annum, except that a rate of
interest not exceeding four percent per annum may be used for
policies issued on or after July 1, 1974, and prior to January
1, 1980, and a rate of interest not exceeding five and one=half
percent per annum may be used for policies issued on or after
January 1, 1980.
(2) However, in calculating the present value under
subparagraph (1) of any paid=up term insurance with
accompanying pure endowment, if any, offered as a nonforfeiture
benefit, the rates of mortality assumed in the case of policies
of ordinary insurance, may be not more than those shown in the
Commissioners 1958 Extended Term Insurance Table commissioners
1958 extended term insurance table, and in the case of policies
of industrial insurance, may be not more than one hundred
thirty percent of the rates of mortality according to the
1941 Standard Industrial Mortality Table standard industrial
mortality table, except that when the Commissioners 1961
Standard Industrial Mortality Table commissioners 1961 standard
industrial mortality table becomes applicable as specified in
this paragraph, the rates of mortality assumed may be not more
than those shown in the Commissioners 1961 Industrial Extended
Term Insurance Table commissioners 1961 industrial extended
term insurance table. In addition, for insurance issued on
a substandard basis, the calculation under subparagraph (1)
of adjusted premiums and present values may be based on any
other table of mortality that is specified by the company and
approved by the commissioner.
Sec. 90. Section 508.37, subsection 7, paragraph h,
unnumbered paragraph 1, Code 2016, is amended to read as
follows:
Adjusted premiums and present values referred to in this
section shall for all policies of ordinary insurance be
calculated on the basis of either the Commissioners 1980
Standard Ordinary Mortality Table commissioners 1980 standard
ordinary mortality table or, at the election of the company
for any one or more specified plans of life insurance, the
Commissioners 1980 Standard Ordinary Mortality Table with
Ten=Year Select Mortality Factors commissioners 1980 standard
ordinary mortality table with ten=year select mortality
factors; shall for all policies of industrial insurance be
calculated on the basis of the Commissioners 1961 Standard
Industrial Mortality Table commissioners 1961 standard
industrial mortality table; and shall for all policies issued
in a particular calendar year be calculated on the basis of a
rate of interest not exceeding the nonforfeiture interest rate
as defined in paragraph "i" for policies issued in that calendar
year. However:
Sec. 91. Section 508.37, subsection 7, paragraph h,
subparagraphs (4), (6), (7), (8), and (9), Code 2016, are
amended to read as follows:
(4) In calculating the present value of any paid=up term
insurance with accompanying pure endowment, if any, offered as
a nonforfeiture benefit, the rates of mortality assumed may be
not more than those shown in the Commissioners 1980 Extended
Term Insurance Table commissioners 1980 extended term insurance
table for policies of ordinary insurance and not more than the
Commissioners 1961 Industrial Extended Term Insurance Table
commissioners 1961 industrial extended term insurance table for
policies of industrial insurance.
(6) For policies issued prior to the operative date of
the valuation manual, any commissioners standard ordinary
mortality tables adopted after 1980 by the national association
of insurance commissioners and approved by rule adopted by the
commissioner for use in determining the minimum nonforfeiture
standard may be substituted for the Commissioners 1980
Standard Ordinary Mortality Table with or without Ten=Year
Select Mortality Factors commissioners 1980 standard ordinary
mortality table with or without ten=year select mortality
factors or for the Commissioners 1980 Extended Term Insurance
Table commissioners 1980 extended term insurance table.
(7) For policies issued on or after the operative date of
the valuation manual, the valuation manual shall provide the
commissioners standard mortality table for use in determining
the minimum forfeiture standard that may be substituted for the
Commissioners 1980 Standard Ordinary Mortality Table with or
without Ten=Year Select Mortality Factors commissioners 1980
standard ordinary mortality table with or without ten=year
select mortality factors or for the Commissioners 1980 Extended
Term Insurance Table commissioners 1980 extended term insurance
table. If the commissioner approves by rule the Commissioners
Standard Ordinary Mortality Table commissioners standard
ordinary mortality table adopted by the national association
of insurance commissioners for use in determining the minimum
nonforfeiture standard for policies or contracts issued on
or after the operative date of the valuation manual, then
that minimum nonforfeiture standard supersedes the minimum
nonforfeiture standard provided by the valuation manual.
(8) Any industrial mortality tables adopted after 1980
by the national association of insurance commissioners
and approved by rule adopted by the commissioner for use
in determining the minimum nonforfeiture standard may be
substituted for the Commissioners 1961 Standard Industrial
Mortality Table commissioners 1961 standard industrial
mortality table or the Commissioners 1961 Industrial Extended
Term Insurance Table commissioners 1961 industrial extended
term insurance table.
(9) For policies issued on or after the operative date
of the valuation manual, the valuation manual shall provide
the Commissioners Standard Mortality Table commissioners
standard ordinary mortality table for use in determining the
minimum nonforfeiture standard that may be substituted for
the Commissioners 1961 Standard Industrial Mortality Table
commissioners 1961 standard industrial mortality table or
the Commissioners 1961 Industrial Extended Term Insurance
Table commissioners 1961 industrial extended term insurance
table. If the commissioner approves by rule any Commissioners
Standard Industrial Mortality Table commissioners standard
industrial mortality table adopted by the national association
of insurance commissioners for use in determining the minimum
nonforfeiture standard for policies issued on or after the
operative date of the valuation manual, then that minimum
nonforfeiture standard supersedes the minimum nonforfeiture
standard provided by the valuation manual.
Sec. 92. Section 508.38, subsection 3, paragraph a,
subparagraph (1), unnumbered paragraph 1, Code 2016, is amended
to read as follows:
The minimum nonforfeiture amount at any time at or prior to
the commencement of any annuity payments shall be equal to an
accumulation up to such time at rates of interest as indicated
in paragraph "b" of the net considerations (as considerations,
as hereinafter defined) defined, paid prior to such time,
decreased by the sum of all of the following:
Sec. 93. Section 509.19, subsection 2, paragraph e, Code
2016, is amended to read as follows:
e. A multiple employer welfare arrangement, as defined in
section 3 of the federal Employee Retirement Income Security
Act of 1974, 29 U.S.C. {1002, paragraph 40 (40), that meets the
requirements of section 507A.4, subsection 9, paragraph "a".
Sec. 94. Section 511.34, Code 2016, is amended to read as
follows:
511.34 Failure to attach ==== defenses ==== estoppel.
The omission so to do shall not render the policy invalid,
but if any company or association neglects to comply with the
requirements of section 511.33, it the company or association
shall forever be precluded from pleading, alleging, or proving
such application or representations, or any part thereof, or
the falsity thereof, or any part thereof, in any action upon
such the policy, and the plaintiff in any such action shall
not be required, in order to recover against such the company
or association, either to plead or prove such application or
representation, but may do so at the plaintiff's option.
Sec. 95. Section 514C.27, subsection 5, Code 2016, is
amended to read as follows:
5. This section shall not apply to accident only
accident=only, specified disease, short=term hospital or
medical, hospital confinement indemnity, credit, dental,
vision, Medicare supplement, long=term care, basic hospital
and medical=surgical expense coverage as defined by the
commissioner, disability income insurance coverage, coverage
issued as a supplement to liability insurance, workers'
compensation or similar insurance, or automobile medical
payment insurance, or individual accident and sickness policies
issued to individuals or to individual members of a member
association.
Sec. 96. Section 514J.107, subsection 3, paragraph b, Code
2016, is amended to read as follows:
b. The health care service that is the subject of the
adverse determination or of the final adverse determination,
determination is a covered service under the covered person's
health benefit plan, but for a determination by the health
carrier that the health care service is not covered because it
does not meet the health carrier's requirements for medical
necessity, appropriateness, health care setting, level of care,
or effectiveness.
Sec. 97. Section 515.63, Code 2016, is amended to read as
follows:
515.63 Annual statement.
The president or the vice president and secretary of each
company organized or authorized to do business in the state
shall annually on or before the first day of March of each year
prepare under oath and file with the commissioner of insurance
or a depository designated by the commissioner a full, true,
and complete statement of the condition of such company on
the last day of the preceding year, which shall exhibit the
following items and facts:
1. First ==== The amount of capital stock of the company.
2. Second ==== The names of the officers.
3. Third ==== The name of the company and where located.
4. Fourth ==== The amount of its capital stock paid up.
5. Fifth ==== The property or assets held by the company,
specifying:
a. The value of real estate owned by the company.
b. The amount of cash on hand and deposited in banks to the
credit of the company, and in what bank deposited.
c. The amount of cash in the hands of agents and in the
course of transmission.
d. The amount of loans secured by first mortgage on real
estate, with the rate of interest thereon.
e. The amount of all other bonds and loans and how secured,
with the rate of interest thereon.
f. The amount due the company on which judgment has been
obtained.
g. The amount of bonds of the state, of the United States,
of any county or municipal corporation of the state, and of any
other bonds owned by the company, specifying the amount and
number thereof, and par and market value of each kind.
h. The amount of bonds, stock, and other evidences of
indebtedness held by such company as collateral security for
loans, with amount loaned on each kind, and its par and market
value.
i. The amount of assessments on stock and premium notes,
paid and unpaid.
j. The amount of interest actually due and unpaid.
k. All other securities and their value.
l. The amount for which premium notes have been given on
which policies have been issued.
6. Sixth ==== Liabilities of such company, specifying:
a. Losses adjusted and due.
b. Losses adjusted and not due.
c. Losses unadjusted.
d. Losses in suspense and the cause thereof.
e. Losses resisted and in litigation.
f. Dividends in scrip or cash, specifying the amount of
each, declared but not due.
g. Dividends declared and due.
h. The amount required to reinsure all outstanding risks on
the basis of the unearned premium reserve as required by law.
i. The amount due banks or other creditors.
j. The amount of money borrowed and the security therefor.
k. All other claims against the company.
7. Seventh ==== The income of the company during the previous
year, specifying:
a. The amount received for premiums, exclusive of premium
notes.
b. The amount of premium notes received.
c. The amount received for interest.
d. The amount received for assessments or calls on stock
notes, or premium notes.
e. The amount received from all other sources.
8. Eighth ==== The expenditures during the preceding year,
specifying:
a. The amount of losses paid during said term, stating how
much of the same accrued prior, and how much subsequent, to the
date of the preceding statement, and the amount at which such
losses were estimated in such statement.
b. The amount paid for dividends.
c. The amount paid for commissions, salaries, expenses, and
other charges of agents, clerks, and other employees.
d. The amount paid for salaries, fees, and other charges of
officers and directors.
e. The amount paid for local, state, national and other
taxes and duties.
f. The amount paid for all other expenses, including
printing, stationery, rents, furniture, or otherwise.
9. Ninth ==== The largest amount insured in any one risk.
10. Tenth ==== The amount of risks written during the year
then ending.
11. Eleventh ==== The amount of risks in force having less
than one year to run.
12. Twelfth ==== The amount of risks in force having more than
one and not over three years to run.
13. Thirteenth ==== The amount of risks having more than three
years to run.
14. Fourteenth ==== The dividends, if any, declared on
premiums received for risks not terminated.
15. Fifteenth ==== All other information as required by
the national association of insurance commissioners' annual
statement blank. The annual statement blank shall be prepared
in accordance with instructions prescribed by the commissioner.
All financial information reflected in the annual report
shall be kept and prepared in accordance with accounting
practices and procedures prescribed by the commissioner. The
commissioner may adopt by reference the annual statement
handbook and the accounting practices and procedures manual of
the national association of insurance commissioners.
Sec. 98. Section 515.134, Code 2016, is amended to read as
follows:
515.134 Failure to attach ==== effect.
The omission so to do shall not render the policy invalid,
but if any company or association neglects to comply with the
requirements of section 515.133 it, the company or association
shall forever be precluded from pleading, alleging, or proving
any such application or representations, or any part thereof,
or falsity thereof, or any parts thereof, in any action upon
such the policy, and the plaintiff in any such action shall
not be required, in order to recover against such the company
or association, either to plead or prove such application or
representation, but may do so at the plaintiff's option.
Sec. 99. Section 524.103, subsection 23, Code 2016, is
amended to read as follows:
23. "Fiduciary" means an executor, administrator, guardian,
conservator, receiver, trustee, or one acting in a similar
capacity.
Sec. 100. Section 524.215, subsection 1, Code 2016, is
amended to read as follows:
1. All records of the division of banking shall be public
records subject to the provisions of chapter 22, except that
all papers, documents, reports, reports of examinations,
and other writings relating specifically to the supervision
and regulation of any state bank or other person by the
superintendent pursuant to the laws of this state shall not be
public records and shall not be open for examination or copying
by the public or for examination or publication by the news
media.
Sec. 101. Section 524.911, Code 2016, is amended to read as
follows:
524.911 Letters of credit.
A state bank shall have the power to issue, advise, and
confirm letters of credit authorizing a beneficiary thereof
to draw on or demand payment of the state bank or its
correspondent banks.
Sec. 102. Section 524.1002, subsection 4, Code 2016, is
amended to read as follows:
4. A state bank shall not make a loan or extension of
credit of any funds held as fiduciary, directly or indirectly,
to or for the benefit of a director, officer, or employee of
the state bank or of an affiliate, a partnership or other
unincorporated association of which such director, officer,
or employee is a partner or member, or a corporation in which
such officer, director, or employee has a controlling interest,
except a loan specifically authorized by the terms upon which
the state bank was designated as fiduciary.
Sec. 103. Section 524.1805, subsection 6, Code 2016, is
amended to read as follows:
6. An out=of=state bank or out=of=state bank holding
company that is organized under laws other than those of this
state is subject to and shall comply with the provisions of
chapter 490, division XV, relating to foreign corporations, and
shall immediately provide the superintendent of banking with a
copy of each filing submitted to the secretary of state under
that chapter 490, division XV.
Sec. 104. Section 535.12, subsections 1 and 4, Code 2016,
are amended to read as follows:
1. An agricultural credit corporation, as defined in
subsection 4, may lend money pursuant to a written promissory
note or other writing evidencing the loan obligation, at a rate
of interest which is not more than four percentage points above
the lending rate in effect at the farm credit bank of Omaha,
Nebraska, for the month during which the writing evidencing
the loan obligation is made, provided that the loan is for an
agricultural production purpose as defined in subsection 5 and
further provided that the loan would, but for this section, be
subject to the maximum rate of interest prescribed by section
535.2, subsection 3, paragraph "a".
4. As used in this section,:
a. "agricultural "Agricultural credit corporation" means
a corporation which has been designated by the farm credit
bank of Omaha, Nebraska, as an agricultural credit corporation
eligible to sell or discount loans to that bank pursuant to 12
U.S.C. {2075.
b. "Agricultural production purpose" means a purpose related
to the production of agricultural products.
c. "Agricultural products" includes agricultural,
horticultural, viticultural, and dairy products, livestock,
wildlife, poultry, bees, forest products thereof, and any and
all products produced on farms.
Sec. 105. Section 535.12, subsection 5, Code 2016, is
amended by striking the subsection.
Sec. 106. Section 536.26, Code 2016, is amended to read as
follows:
536.26 Insured loans.
1. A licensee shall not, directly or indirectly, sell or
offer for sale any life or accident and health insurance in
connection with a loan made under this chapter except as and
to the extent authorized by this section. Life, accident and
health insurance, or any of them, may be written by a licensed
insurance producer upon or in connection with any loan for a
term not extending beyond the final maturity date of the loan
contract, but only upon one obligor on any one loan contract.
2. The amount of life insurance shall at no time exceed
the unpaid balance of principal and interest combined which
are scheduled to be outstanding under the terms of the loan
contract or the actual amount unpaid on the loan contract,
whichever is greater.
3. Accident and health insurance shall provide benefits
not in excess of the unpaid balance of principal and interest
combined which are scheduled to be outstanding under the terms
of the loan contract and the amount of each periodic benefit
payment shall not exceed the total amount payable divided
by the number of installments and shall provide that if the
insured obligor is disabled, as defined in the policy, for a
period of more than fourteen days, benefits shall commence as
of the first day of disability.
4. The premium, which shall be the only charge for such the
insurance, shall not exceed that approved by the commissioner
of insurance of the state of Iowa as filed in the office of such
commissioner. Such charge, computed at the time the loan is
made for the full term of the loan contract on the total amount
required to pay principal and interest.
5. If a borrower procures insurance by or through a
licensee, the licensee shall cause to be delivered to the
borrower a copy of the policy within fifteen days from the date
such insurance is procured. No licensee shall decline new or
existing insurance which meets the standards set out herein nor
prevent any obligor from obtaining such insurance coverage from
other sources.
6. If the loan contract is prepaid in full by cash, a new
loan, or otherwise (except otherwise, except by the insurance)
insurance, any life, accident, and health insurance procured
by or through a licensee shall be canceled and the unearned
premium shall be refunded. The amount of such the refund shall
represent at least as great a proportion of the insurance
premium or identifiable charge as the sum of the consecutive
monthly balances of principal and interest of the loan contract
originally scheduled to be outstanding after the installment
date nearest the date of prepayment bears to the sum of all
such monthly balances of the loan contract originally scheduled
to be outstanding.
Sec. 107. Section 554.2602, subsection 3, Code 2016, is
amended to read as follows:
3. The seller's rights with respect to goods wrongfully
rejected are governed by the provisions of this Article on
Seller's seller's remedies in general (section 554.2703).
Sec. 108. Section 600B.22, Code 2016, is amended to read as
follows:
600B.22 Death of defendant.
In case of the death of the defendant the action may be
prosecuted against the personal representative of the deceased
with like effects as if he the defendant were living, subject
as regards the measure of support to the provision of section
600B.6.
Sec. 109. Section 600B.37, Code 2016, is amended to read as
follows:
600B.37 Contempt.
If the father fails to comply with or violates the terms or
conditions of a support order made pursuant to the provisions
of this chapter, he the father shall be punished by the court
in the same manner and to the same extent as is provided by law
for a contempt of such court in any other suit or proceeding
cognizable by such court.
Sec. 110. Section 602.9115, Code 2016, is amended to read
as follows:
602.9115 Annuity for survivor of annuitant.
1. For the purposes of this article, "survivor" means the
surviving spouse of a person who was a judge, if married to the
judge for at least one year preceding the judge's death.
1. 2. The survivor of a judge who was qualified for
retirement compensation under the system at the time of the
judge's death, is entitled to receive an annuity of one=half
of the amount of the annuity the judge was receiving or would
have been entitled to receive at the time of the judge's death,
or if the judge died before age sixty=five, then one=half of
the amount the judge would have been entitled to receive at
age sixty=five based on the judge's years of service for which
contributions were made to the system. The annuity shall begin
on the judge's death or upon the survivor's reaching age sixty,
whichever is later. However, a survivor less than sixty years
old may elect to receive a decreased retirement annuity to
begin on the judge's death by filing a written election with
the state court administrator. The election is subject to the
approval of the state court administrator. The amount of the
decreased retirement annuity shall be the actuarial equivalent
of the amount of the annuity otherwise payable to the survivor
under this section.
2. For the purposes of this article "survivor" means the
surviving spouse of a person who was a judge, if married to the
judge for at least one year preceding the judge's death.
3. If the judge dies leaving a survivor but without
receiving in annuities an amount equal to the judge's credit,
the balance shall be credited to the account of the judge's
survivor, and if the survivor dies without receiving in
annuities an amount equal to the balance, the amount remaining
shall be paid to the survivor's legal representatives within
one year of the survivor's death.
Sec. 111. Section 614.6, Code 2016, is amended to read as
follows:
614.6 Nonresident or unknown defendant.
1. The period of limitation specified in sections 614.1
through 614.5 shall be computed omitting any time when:
1. a. The defendant is a nonresident of the state, or
2. b. In those cases involving personal injuries or death
resulting from a felony or indictable misdemeanor, while the
identity of the defendant is unknown after diligent effort has
been made to discover it.
2. The provisions of this section shall be effective January
1, 1970, and to this extent the provisions are retroactive.
Sec. 112. Section 636.21, Code 2016, is amended to read as
follows:
636.21 Commissioner as process agent.
It shall be the duty of the commissioner of insurance, upon
service being made upon the commissioner, to immediately mail
a copy of such the notice to such the company at their the
company's principal place of business, and any notice so served
shall be deemed to be good and sufficient service on any such
company.
Sec. 113. Section 657A.12, subsection 2, Code 2016, is
amended to read as follows:
2. After filing the petition with the clerk of the district
court, the governmental entity shall also file the petition
in the office of the county treasurer. The county treasurer
shall include a notation of the pendency of the action in the
county system, as defined in section 445.1, until the judgment
of the court is satisfied or until the action is dismissed.
Pursuant to section 446.7, an affected property that is subject
to a pending action shall not be offered for sale by the county
treasurer at a tax sale.
Sec. 114. Section 670.2, Code 2016, is amended to read as
follows:
670.2 Liability imposed.
1. Except as otherwise provided in this chapter, every
municipality is subject to liability for its torts and those of
its officers and employees, acting within the scope of their
employment or duties, whether arising out of a governmental or
proprietary function.
2. For the purposes of this chapter, employee "employee"
includes a person who performs services for a municipality
whether or not the person is compensated for the services,
unless the services are performed only as an incident to the
person's attendance at a municipality function.
3. A person who performs services for a municipality or
an agency or subdivision of a municipality and who does not
receive compensation is not personally liable for a claim
based upon an act or omission of the person performed in the
discharge of the person's duties, except for acts or omissions
which involve intentional misconduct or knowing violation of
the law, or for a transaction from which the person derives
an improper personal benefit. For purposes of this section,
"compensation" does not include payments to reimburse a person
for expenses.
Sec. 115. Section 670.9, Code 2016, is amended to read as
follows:
670.9 Compromise and settlement.
The governing body of any municipality may compromise,
adjust and settle tort claims against the municipality, its
officers, employees and agents, for damages under sections
section 670.2 or 670.8 and may appropriate money for the
payment of amounts agreed upon.
Sec. 116. Section 724.10, subsection 1, Code 2016, is
amended to read as follows:
1. A person shall not be issued a permit to carry weapons
unless the person has completed and signed an application on
a form to be prescribed and published by the commissioner of
public safety. The application shall require only the full
name, driver's license or nonoperator's identification card
number, residence, place of birth, and date of birth of the
applicant, and shall state whether the applicant meets the
criteria specified in sections 724.8 and 724.9. An applicant
may provide the applicant's social security number if the
applicant so chooses. The applicant shall also display an
identification card that bears a distinguishing number assigned
to the cardholder, the full name, date of birth, sex, residence
address, and a brief description and colored color photograph
of the cardholder.
Sec. 117. Section 724.17, Code 2016, is amended to read as
follows:
724.17 Application for annual permit to acquire ==== criminal
history check required.
The application for an annual permit to acquire pistols
or revolvers may be made to the sheriff of the county of
the applicant's residence and shall be on a form prescribed
and published by the commissioner of public safety. The
application shall require only the full name of the applicant,
the driver's license or nonoperator's identification card
number of the applicant, the residence of the applicant,
and the date and place of birth of the applicant. The
applicant shall also display an identification card that
bears a distinguishing number assigned to the cardholder, the
full name, date of birth, sex, residence address, and brief
description and colored color photograph of the cardholder, or
other identification as specified by rule of the department of
public safety. The sheriff shall conduct a criminal history
check concerning each applicant by obtaining criminal history
data from the department of public safety which shall include
an inquiry of the national instant criminal background check
system maintained by the federal bureau of investigation or any
successor agency. A person who makes what the person knows
to be a false statement of material fact on an application
submitted under this section or who submits what the person
knows to be any materially falsified or forged documentation in
connection with such an application commits a class "D" felony.
Sec. 118. Section 724.25, subsection 2, Code 2016, is
amended to read as follows:
2. As used in this chapter an "antique firearm" means
any firearm (including firearm, including any firearm with
a matchlock, flintlock, percussion cap, or similar type of
ignition system) system, manufactured in or before 1898. An
antique firearm also means a replica of a firearm so described
if the replica is not designed or redesigned for using rimfire
or conventional centerfire fixed ammunition or if the replica
uses rimfire or conventional centerfire fixed ammunition which
is no longer manufactured in the United States and which is not
readily available in the ordinary channels of commercial trade.
Sec. 119. Section 903A.2, subsection 1, paragraph a, Code
2016, is amended to read as follows:
a. (1) Category "A" sentences are those sentences which are
not subject to a maximum accumulation of earned time of fifteen
percent of the total sentence of confinement under section
902.12. To the extent provided in subsection 5, category "A"
sentences also include life sentences imposed under section
902.1. An inmate of an institution under the control of
the department of corrections who is serving a category "A"
sentence is eligible for a reduction of sentence equal to
one and two=tenths days for each day the inmate demonstrates
good conduct and satisfactorily participates in any program
or placement status identified by the director to earn the
reduction. The programs include but are not limited to the
following:
(1) (a) Employment in the institution.
(2) (b) Iowa state industries.
(3) (c) An employment program established by the director.
(4) (d) A treatment program established by the director.
(5) (e) An inmate educational program approved by the
director.
(2) However, an inmate required to participate in a
sex offender treatment program shall not be eligible for a
reduction of sentence unless the inmate participates in and
completes a sex offender treatment program established by the
director.
(3) An inmate serving a category "A" sentence is eligible
for an additional reduction of sentence of up to three hundred
sixty=five days of the full term of the sentence of the inmate
for exemplary acts. In accordance with section 903A.4, the
director shall by policy identify what constitutes an exemplary
act that may warrant an additional reduction of sentence.
DIVISION II
CORRESPONDING CHANGES
Sec. 120. Section 97B.49A, subsection 4, paragraph b, Code
2016, is amended to read as follows:
b. For each member employed before January 1, 1976, who
has qualified for prior service credit in accordance with the
first paragraph of section 97B.43, subsection 1, a formula
benefit shall be determined equal to the larger of the benefit
determined under this paragraph and paragraph "a" of this
subsection, as applicable, the benefit determined under
subsection 3, or the benefit determined under section 97B.49G,
subsection 1. The amount of the monthly formula benefit under
this paragraph shall be equal to eight=tenths of one percent
per year of prior service credit multiplied by the monthly
rate of the member's total remuneration not in excess of three
thousand dollars annually during the twelve consecutive months
of the member's prior service for which that total remuneration
was the highest. An additional three=tenths of one percent
of the remuneration not in excess of three thousand dollars
annually shall be payable for prior service during each year
in which the accrued liability for benefit payments created by
the abolished system is funded by appropriation from the Iowa
public employees' retirement fund.
DIVISION III
CODE EDITOR DIRECTIVES
Sec. 121. CODE EDITOR DIRECTIVES.
1. Sections 28A.2, 28A.19, 28A.22, 28A.26, 28E.21, 28E.25,
103A.1, 103A.54, 103A.56, 103A.57, 189.17, 304A.10, 306C.6,
306C.7, 306C.9, 306C.14, and 306C.17, Code 2016, are amended by
striking the word "division" and inserting in lieu thereof the
word "subchapter".
2. Sections 28A.3, subsection 1; 28A.4, subsection 1;
28A.5, subsection 1, paragraph "a"; 28A.7, subsection 1; 28A.9,
subsection 1; 28A.10, subsection 1, unnumbered paragraph 1 and
paragraphs "j" and "o"; 28A.10, subsection 2, paragraph "b";
28A.18, subsection 1, paragraph "a"; 28A.21, subsection 4;
28E.35, unnumbered paragraph 1; 89B.15, subsection 1; 101.21,
unnumbered paragraph 1; 101.24, subsection 1, unnumbered
paragraph 1; 101.24, subsection 1, paragraph "b", subparagraph
(2); 101.24, subsection 3; 101.24, subsection 4, unnumbered
paragraph 1; 101.24, subsection 4, paragraph "d", unnumbered
paragraph 1; 101.25, subsection 1; 101.26, subsections 1, 2, 3,
and 4; 103A.51, unnumbered paragraph 1; 103A.52, subsection 3;
161A.42, unnumbered paragraph 1; 237.15, unnumbered paragraph
1; 304A.8, unnumbered paragraph 1; 306C.1, unnumbered paragraph
1; 306C.10, unnumbered paragraph 1; 306C.10, subsection 4,
paragraph "f"; 306C.11, subsection 3, paragraph "a"; 306C.11,
subsection 5, paragraph "a", subparagraph (2); 306C.13,
unnumbered paragraph 1; 306C.13, subsection 8, paragraph "f";
306C.15, unnumbered paragraph 1 and subsection 4; 306C.18,
subsection 3; and 306C.19, unnumbered paragraph 1, Code 2016,
are amended by striking the word "division" and inserting in
lieu thereof the word "subchapter".
3. The Code editor shall change Code chapter division
designations to subchapter designations in the following Code
chapters:
a. 28A.
b. 28E.
c. 89B.
d. 101.
e. 103A.
f. 161A.
g. 189.
h. 237.
i. 304A.
j. 306C.
4. The Code editor is directed to number unnumbered
paragraphs within sections 13C.8, 28F.14, 43.4, 97A.4, 97A.6A,
161A.6, 161A.10, 161A.20, 183A.7, 183A.9, 190.2, 192.107,
257.5, 303.22, 303.26, 303.30, 303.66, 331.306, 384.19,
423B.5, 427.2, 428.4, 452A.58, 455A.8A, 455B.302, 491.112,
499.3, 499.79, 499.80, 514.5, 598.17, 622.69, 622.105, 633.89,
633.415, 669.10, 714.5, 804.1, and 804.31, Code 2016, in
accordance with established Code section hierarchy and correct
internal references in the Code and in any enacted Iowa Acts,
as necessary.
5. The Code editor is directed to letter unnumbered
paragraphs within sections 80A.17, subsection 1, and 97B.1A,
subsection 9, Code 2016, in accordance with established Code
section hierarchy and correct internal references in the Code
and in any enacted Iowa Acts, as necessary.
6. The Code editor shall combine the individual repeal
entries into combined repeal entries for the following repealed
Code sections:
a. Sections 554.3120, 554.3121, and 554.3122.
b. Sections 554.3506, 554.3507, 554.3508, 554.3509,
554.3510, and 554.3511.
c. Sections 554.3802, 554.3803, 554.3804, 554.3805, and
554.3806.
PAM JOCHUM
President of the Senate
LINDA UPMEYER
Speaker of the House
I hereby certify that this bill originated in the Senate and
is known as Senate File 2189, Eighty=sixth General Assembly.
MICHAEL E. MARSHALL
Secretary of the Senate
Approved , 2016
TERRY E. BRANSTAD
Governor
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