Senate File 2189 - Introduced
SENATE FILE
BY COMMITTEE ON JUDICIARY
(SUCCESSOR TO SSB
3111)
A BILL FOR
1 An Act relating to nonsubstantive Code corrections.
2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
TLSB 5540SV (2) 86
lh/rj
PAG LIN
1 1 DIVISION I
1 2 MISCELLANEOUS CHANGES
1 3 Section 1. Section 8.55, subsection 2, paragraph a, Code
1 4 2016, is amended to read as follows:
1 5 a. The first sixty million dollars of the difference between
1 6 the actual net revenue for the general fund of the state for
1 7 the fiscal year and the adjusted revenue estimate for the
1 8 fiscal year shall be transferred to the taxpayers trust fund
1 9 created in section 8.57E.
1 10 Sec. 2. Section 13.15, Code 2016, is amended to read as
1 11 follows:
1 12 13.15 Rules and forms ==== fees.
1 13 1. The farm mediation service shall recommend rules to the
1 14 farm assistance program coordinator. The coordinator shall
1 15 adopt rules pursuant to chapter 17A to set the compensation of
1 16 mediators and to implement this subchapter and chapters 654A,
1 17 654B, and 654C.
1 18 2. a. The rules shall provide for an hourly mediation fee
1 19 not to exceed fifty dollars for the borrower and one hundred
1 20 dollars for the creditor. The hourly mediation fee may be
1 21 waived for any party demonstrating financial hardship upon
1 22 application to the farm mediation service.
1 23 b. The compensation of a mediator shall be no more than
1 24 twenty=five dollars per hour, and all parties shall contribute
1 25 an equal amount of the cost.
1 26 3. The coordinator shall adopt voluntary mediation
1 27 application and mediation request forms.
1 28 Sec. 3. Section 16.92, subsection 1, paragraph e, Code 2016,
1 29 is amended to read as follows:
1 30 e. "Mortgage" means a mortgage or mortgage lien on an
1 31 interest in real property in this state given to secure a loan
1 32 in an original principal amount equal to or less than the
1 33 maximum principal amount as determined by the division board
1 34 and adopted by the Iowa finance authority pursuant to chapter
1 35 17A.
2 1 Sec. 4. Section 19B.2, Code 2016, is amended to read as
2 2 follows:
2 3 19B.2 Equal opportunity in state employment ==== affirmative
2 4 action.
2 5 1. It is the policy of this state to provide equal
2 6 opportunity in state employment to all persons. An individual
2 7 shall not be denied equal access to state employment
2 8 opportunities because of race, creed, color, religion, national
2 9 origin, sex, age, or physical or mental disability. It also is
2 10 the policy of this state to apply affirmative action measures
2 11 to correct deficiencies in the state employment system where
2 12 those remedies are appropriate. This policy shall be construed
2 13 broadly to effectuate its purposes.
2 14 2. It is the policy of this state to permit special
2 15 appointments by bypassing the usual testing procedures for any
2 16 applicant for whom the division of vocational rehabilitation
2 17 services of the department of education or the department
2 18 for the blind has certified the applicant's disability
2 19 and competence to perform the job. The department of
2 20 administrative services, in cooperation with the department
2 21 for the blind and the division of vocational rehabilitation
2 22 services, shall develop appropriate certification procedures.
2 23 This paragraph subsection should not be interpreted to bar
2 24 promotional opportunities for persons who are blind or persons
2 25 with physical or mental disabilities. If this paragraph
2 26 subsection conflicts with any other provisions of this chapter,
2 27 the provisions of this paragraph subsection govern.
2 28 Sec. 5. Section 26.13, subsection 2, unnumbered paragraph
2 29 1, Code 2016, is amended to read as follows:
2 30 Payments made by a governmental entity or the state
2 31 department of transportation for the construction of public
2 32 improvements and highway, bridge, or culvert projects shall be
2 33 made in accordance with the provisions of chapter 573, except
2 34 as provided in this section:
2 35 Sec. 6. Section 28F.10, Code 2016, is amended to read as
3 1 follows:
3 2 28F.10 Refunding bonds.
3 3 Refunding bonds may be issued by an entity in a principal
3 4 amount sufficient to provide funds for the payment (including
3 5 payment, including premium, if any) any, of bonds issued by
3 6 said entity pursuant to the provisions of this chapter to be
3 7 refunded thereby and the interest thereon and in addition for
3 8 the payment of all expenses incident to the calling, retiring,
3 9 or paying of such outstanding bonds to be refunded, such
3 10 refunding bonds may also finance the construction of a project
3 11 or projects authorized by this chapter or the improvement,
3 12 addition, betterment or extension of an existing project or
3 13 projects so authorized. Said refunding bonds shall not be
3 14 issued to refund the principal of and interest on any bonds to
3 15 be refunded unless such bonds mature or are redeemable under
3 16 their terms within ten years from the date of delivery of the
3 17 refunding bonds. The proceeds of said refunding bonds to be
3 18 used for the payment of the principal of, interest on and
3 19 redemption premiums, if any, on said bonds to be refunded which
3 20 will not be due and payable immediately shall be deposited in
3 21 trust for the sole purpose of making such payments in a bank or
3 22 trust company within the state. Any moneys in such trust fund,
3 23 prior to the date such funds will be needed for the payment
3 24 of such principal of, interest on and redemption premiums, if
3 25 any, of such outstanding bonds to be refunded, may be invested
3 26 or reinvested as provided in the resolution authorizing said
3 27 refunding bonds. Refunding bonds shall be issued in the same
3 28 manner and detail as revenue bonds herein authorized.
3 29 Sec. 7. Section 29B.6, Code 2016, is amended to read as
3 30 follows:
3 31 29B.6 Imposition of restraint.
3 32 1. Arrest "Arrest" is the restraint of a person by an order,
3 33 not imposed as a punishment for an offense, directing the
3 34 person to remain within certain specified limits. Confinement
3 35 "Confinement" is the physical restraint of a person.
4 1 2. An enlisted member may be ordered into arrest or
4 2 confinement by any commissioned officer by an order, oral or
4 3 written, delivered in person or through other persons subject
4 4 to this code or through any person authorized by this code to
4 5 apprehend persons.
4 6 3. A commanding officer may authorize warrant officers
4 7 or noncommissioned officers to order enlisted members of the
4 8 officer's command or subject to the officer's authority into
4 9 arrest or confinement.
4 10 4. A commissioned officer or a warrant officer may be
4 11 ordered apprehended or into arrest or confinement only by a
4 12 commanding officer to whose authority the commissioned or
4 13 warrant officer is subject, by an order, oral or written,
4 14 delivered in person or by another commissioned officer. The
4 15 authority to order such persons apprehended or into arrest or
4 16 confinement may not be delegated.
4 17 5. This section does not limit the authority of persons
4 18 authorized to apprehend offenders to secure the custody of an
4 19 alleged offender until the proper authority is notified.
4 20 Sec. 8. Section 29C.23, Code 2016, is amended to read as
4 21 follows:
4 22 29C.23 Iowa radio interoperability platform.
4 23 The Iowa radio interoperability platform shall be under
4 24 the joint purview of the department of public safety and the
4 25 department of transportation. The departments shall jointly
4 26 submit a biannual report to the Iowa statewide interoperable
4 27 communications system board established in section 80.28,
4 28 beginning July 1, 2016.
4 29 Sec. 9. Section 39.17, Code 2016, is amended to read as
4 30 follows:
4 31 39.17 County officers.
4 32 1. There shall be elected in each county at the general
4 33 election to be held in the year 1976 and every four years
4 34 thereafter, an auditor and a sheriff, each to hold office for a
4 35 term of four years.
5 1 2. There shall be elected in each county at the general
5 2 election to be held in 1974 and each four years thereafter, a
5 3 treasurer, a recorder, and a county attorney who shall each
5 4 hold office for a term of four years.
5 5 Sec. 10. Section 46.6, Code 2016, is amended to read as
5 6 follows:
5 7 46.6 Equal seniority.
5 8 If the judges of longest service (other service, other than
5 9 the chief justice) justice, of the supreme court or of the
5 10 district court in a district are of equal service, the eldest
5 11 of such judges shall be chairperson of the particular judicial
5 12 nominating commission.
5 13 Sec. 11. Section 80B.14, Code 2016, is amended to read as
5 14 follows:
5 15 80B.14 Budget submitted to department of management.
5 16 The Iowa law enforcement academy council shall annually
5 17 submit estimates of its expenditure requirements to the
5 18 department of management, annually and in such form as required
5 19 by chapter 8 estimates of its expenditure requirements. Such
5 20 The estimates shall include the costs of administration,
5 21 maintenance, and operation, and the cost of any proposed
5 22 capital improvements or additional programs.
5 23 Sec. 12. Section 84A.4, subsection 1, Code 2016, is amended
5 24 to read as follows:
5 25 1. A regional advisory board shall be established in
5 26 each service delivery area as defined in section 84B.2. The
5 27 members of the each board shall be appointed by the governor,
5 28 consistent with the requirements of federal law and in
5 29 consultation with chief elected officials within the region.
5 30 Chief elected officials responsible for recommendations
5 31 for board membership shall include, but are not limited to,
5 32 county elected officials, municipal elected officials, and
5 33 community college directors. The membership of each board
5 34 shall provide for equal representation of business and labor
5 35 and shall include a county elected official, a city official, a
6 1 representative of a school district, and a representative of a
6 2 community college.
6 3 Sec. 13. Section 89B.8, subsection 2, Code 2016, is amended
6 4 to read as follows:
6 5 2. The division of labor services shall administer this
6 6 division of the chapter subchapter. The division may exercise
6 7 the enforcement powers set out in chapter 88 and the rules
6 8 adopted pursuant to chapter 88 to enforce this division of the
6 9 chapter subchapter.
6 10 Sec. 14. Section 89B.12, subsections 2 and 3, Code 2016, are
6 11 amended to read as follows:
6 12 2. The division of labor services shall receive and handle
6 13 requests for information and complaints under this division
6 14 of this chapter subchapter which involve employer information
6 15 covered under division subchapter II of this chapter. The
6 16 labor commissioner shall adopt rules pursuant to chapter 17A
6 17 regarding requests for information and the investigation and
6 18 adjudication of complaints.
6 19 3. Requests for information under this division of this
6 20 chapter subchapter are confidential.
6 21 Sec. 15. Section 92.5, subsection 9, Code 2016, is amended
6 22 to read as follows:
6 23 9. a. Work in connection with motor vehicles and trucks if
6 24 confined to the following:
6 25 a. (1) Dispensing gasoline and oil.
6 26 b. (2) Courtesy service.
6 27 c. (3) Car cleaning, washing, and polishing.
6 28 b. Nothing in this subsection shall be construed to include
6 29 work involving the use of pits, racks, or lifting apparatus or
6 30 involving the inflation of any tire mounted on a rim equipped
6 31 with a removable retaining ring.
6 32 Sec. 16. Section 96.7, subsection 1, Code 2016, is amended
6 33 to read as follows:
6 34 1. Payment. Contributions accrue and are payable, in
6 35 accordance with rules adopted by the department pursuant to
7 1 chapter 17A, on all taxable wages paid by an employer for
7 2 insured work.
7 3 Sec. 17. Section 96.7, subsection 2, paragraph a,
7 4 subparagraph (4), Code 2016, is amended to read as follows:
7 5 (4) The department shall adopt rules pursuant to chapter
7 6 17A prescribing the manner in which benefits shall be charged
7 7 against the accounts of several employers for which an
7 8 individual performed employment during the same calendar
7 9 quarter.
7 10 Sec. 18. Section 96.7, subsection 2, paragraph c,
7 11 subparagraph (2), Code 2016, is amended to read as follows:
7 12 (2) A construction contributory employer, as defined under
7 13 rules adopted by the department pursuant to chapter 17A, which
7 14 is newly subject to this chapter shall pay contributions at the
7 15 rate specified in the twenty=first benefit ratio rank until the
7 16 end of the calendar year in which the employer's account has
7 17 been chargeable with benefits for twelve consecutive calendar
7 18 quarters.
7 19 Sec. 19. Section 96.7, subsection 4, paragraph c, Code 2016,
7 20 is amended to read as follows:
7 21 c. A hearing on an appeal shall be conducted according to
7 22 rules adopted by the department pursuant to chapter 17A. A
7 23 copy of the decision of the administrative law judge shall be
7 24 sent by regular mail to the last address, according to the
7 25 records of the department, of each affected employing unit or
7 26 employer.
7 27 Sec. 20. Section 96.7, subsection 10, Code 2016, is amended
7 28 to read as follows:
7 29 10. Group accounts. Two or more nonprofit organizations
7 30 or two or more governmental entities which have become
7 31 reimbursable employers in accordance with subsection 7 or
7 32 subsection 8, paragraph "a", may file a joint application
7 33 to the department for the establishment of a group account
7 34 for the purpose of sharing the cost of benefits paid which
7 35 are attributable to service in the employ of the employers.
8 1 The application shall identify and authorize a group
8 2 representative to act as the group's agent for the purposes
8 3 of this subsection. Upon approval of the application, the
8 4 department shall establish a group account for the employers
8 5 effective as of the beginning of the calendar quarter in which
8 6 the department receives the application and shall notify the
8 7 group's agent of the effective date of the account. The
8 8 account shall remain in effect for not less than one year
8 9 until terminated at the discretion of the department or upon
8 10 application by the group. Upon establishment of the account,
8 11 each employer member of the group shall be liable for benefit
8 12 reimbursements in lieu of contributions with respect to each
8 13 calendar quarter in an amount which bears the same ratio to the
8 14 total benefits paid in the quarter which are attributable to
8 15 service performed in the employ of all members of the group,
8 16 as the total wages paid for service performed in the employ
8 17 of the member in the quarter bear to the total wages paid for
8 18 service performed in the employ of all members of the group
8 19 in the quarter. The department shall adopt rules pursuant to
8 20 chapter 17A with respect to applications for establishment,
8 21 maintenance, and termination of group accounts, for addition
8 22 of new members to, and withdrawal of active members from group
8 23 accounts, and for the determination of the amounts which are
8 24 payable by members of the group and the time and manner of the
8 25 payments.
8 26 Sec. 21. Section 96.7, subsection 11, paragraph a, Code
8 27 2016, is amended to read as follows:
8 28 a. If on the first day of the third month in any calendar
8 29 quarter, the department has an outstanding balance of interest
8 30 accrued on advance moneys received from the federal government
8 31 for the payment of unemployment compensation benefits, or is
8 32 projected to have an outstanding balance of accruing federal
8 33 interest for that calendar quarter, the department shall
8 34 collect a uniform temporary emergency surcharge for that
8 35 calendar quarter, retroactive to the beginning of that calendar
9 1 quarter. The surcharge shall be a percentage of employer
9 2 contribution rates and shall be set at a uniform percentage,
9 3 for all employers subject to the surcharge, necessary to pay
9 4 the interest accrued on the moneys advanced to the department
9 5 by the federal government, and to pay any additional federal
9 6 interest which will accrue for the remainder of that calendar
9 7 quarter. The surcharge shall apply to all employers except
9 8 governmental entities, nonprofit organizations, and employers
9 9 assigned a zero contribution rate. The department shall adopt
9 10 rules pursuant to chapter 17A prescribing the manner in which
9 11 the surcharge will be collected. Interest shall accrue on all
9 12 unpaid surcharges under this subsection at the same rate as
9 13 on regular contributions and shall be collectible in the same
9 14 manner. The surcharge shall not affect the computation of
9 15 regular contributions under this chapter.
9 16 Sec. 22. Section 96.9, subsection 5, Code 2016, is amended
9 17 to read as follows:
9 18 5. Administration expenses excluded. Any amount credited
9 19 to this state's account in the unemployment trust fund
9 20 under section 903 of the Social Security Act which has been
9 21 appropriated for expenses of administration pursuant to
9 22 subsection 4 of this section, whether or not withdrawn from
9 23 such account, shall not be deemed assets of the unemployment
9 24 compensation fund for the purpose of computing contribution
9 25 rates under section 96.7, subsection 3, of this chapter.
9 26 Sec. 23. Section 96.14, subsection 3, paragraph k, Code
9 27 2016, is amended to read as follows:
9 28 k. If a political subdivision or a political subdivision
9 29 instrumentality becomes delinquent in the payment of
9 30 contributions, any payments owed as a government employer,
9 31 penalty, interest, and costs for more than two calendar
9 32 quarters, the amount of such delinquency shall be deducted
9 33 from any further moneys due the employer by the state. Such
9 34 deduction shall be made by the director of the department of
9 35 administrative services upon certification of the amount due.
10 1 A copy of the certification will be mailed to the employer.
10 2 Sec. 24. Section 96.19, subsection 4, Code 2016, is amended
10 3 to read as follows:
10 4 4. "Benefit year". The term "benefit "Benefit year" means a
10 5 period of one year beginning with the day with respect to which
10 6 an individual filed a valid claim for benefits. Any claim for
10 7 benefits made in accordance with section 96.6, subsection 1,
10 8 shall be deemed to be a valid claim for the purposes of this
10 9 subsection if the individual has been paid wages for insured
10 10 work required under the provisions of this chapter.
10 11 Sec. 25. Section 96.19, subsection 16, paragraphs b, d, and
10 12 g, Code 2016, are amended to read as follows:
10 13 b. Any employing unit (whether, whether or not an employing
10 14 unit at the time of acquisition) acquisition, which acquired
10 15 the organization, trade, or business, or substantially all of
10 16 the assets thereof, of another employing unit which at the time
10 17 of such acquisition was an employer subject to this chapter, or
10 18 which acquired a part of the organization, trade, or business
10 19 of another employing unit which at the time of such acquisition
10 20 was an employer subject to this chapter. Provided, that
10 21 such other employing unit would have been an employer under
10 22 paragraph "a" of this subsection, if such part had constituted
10 23 its entire organization, trade, or business.
10 24 d. Any employing unit which, together with one or more
10 25 other employing units, is owned or controlled (by, by legally
10 26 enforceable means or otherwise) otherwise, directly or
10 27 indirectly by the same interests, or which owns or controls one
10 28 or more other employing units (by by legally enforceable means
10 29 or otherwise) otherwise, and which, if treated as a single unit
10 30 with such other employing unit, would be an employer under
10 31 paragraph "a" of this subsection.
10 32 g. Any employing unit not an employer by reason of any
10 33 other paragraph of this subsection for which, within either
10 34 the current or preceding calendar year, service is or was
10 35 performed with respect to which such employing unit is liable
11 1 for any federal tax against which credit may be taken for
11 2 contributions required to be paid into a state unemployment
11 3 fund; or which, as a condition for approval of this chapter for
11 4 full tax credit against the tax imposed by the federal Federal
11 5 Unemployment Tax Act, (26 U.S.C. {3301 = 3308) 26 U.S.C. {3301
11 6 = 3308, is required, pursuant to such Act, to be an "employer"
11 7 under this chapter. Provided, however, that if an employer
11 8 subject to contributions solely because of the terms of this
11 9 subsection shall establish proper proof to the satisfaction of
11 10 the department that the employer's employees have been and will
11 11 be duly covered and insured under the unemployment compensation
11 12 law of another jurisdiction such employer shall not be deemed
11 13 an employer and such services shall not be deemed employment
11 14 under this chapter.
11 15 Sec. 26. Section 96.19, subsection 18, paragraph a,
11 16 subparagraphs (1), (3), and (5), Code 2016, are amended to read
11 17 as follows:
11 18 (1) Any officer of a corporation. Provided that the term
11 19 "employment" shall not include such officer if the officer is a
11 20 majority stockholder and the officer shall not be considered an
11 21 employee of the corporation unless such services are subject to
11 22 a tax to be paid under any federal law imposing a tax against
11 23 which credit may be taken for contributions required to be paid
11 24 into a state unemployment fund or such services are required
11 25 to be covered under this chapter of the Code, as a condition
11 26 to receipt of a full tax credit against the tax imposed by the
11 27 federal Federal Unemployment Tax Act (26 U.S.C. {3301 = 3309),
11 28 26 U.S.C. {3301 = 3309, or
11 29 (3) (a) Any individual other than an individual who
11 30 is an employee under subparagraphs (1) or (2) who performs
11 31 services for remuneration for any person as an agent driver
11 32 or commission driver engaged in distributing meat products,
11 33 vegetable products, fruit products, bakery products, beverages
11 34 (other other than milk) milk, or laundry or dry cleaning
11 35 services for the individual's principal; as a traveling or
12 1 city salesperson, other than as an agent driver or commission
12 2 driver, engaged upon a full=time basis in the solicitation on
12 3 behalf of, and the transmission to, the individual's principal,
12 4 (except except for sideline sales activities on behalf of some
12 5 other person) person, of orders from wholesalers, retailers,
12 6 contractors, or operators of hotels, restaurants, or other
12 7 similar establishments for merchandise for resale or supplies
12 8 for use in their business operations.
12 9 (b) Provided, that for purposes of this subparagraph (3),
12 10 the term "employment" shall include services performed after
12 11 December 31, 1971, only if:
12 12 (i) The contract of service contemplates that substantially
12 13 all of the services are to be performed personally by such
12 14 individual;
12 15 (ii) The individual does not have a substantial investment
12 16 in facilities used in connection with the performance of the
12 17 services (other, other than in facilities for transportation)
12 18 transportation; and
12 19 (iii) The services are not in the nature of single
12 20 transaction that is not part of a continuing relationship with
12 21 the person for whom the services are performed.
12 22 (5) Service performed after December 31, 1971, by
12 23 an individual in the employ of a religious, charitable,
12 24 educational, or other organization, but only if the service is
12 25 excluded from "employment" as defined in the federal Federal
12 26 Unemployment Tax Act (26 U.S.C. {3301 = 3309), 26 U.S.C. {3301
12 27 = 3309, solely by reason of section 3306(c)(8) of that Act.
12 28 Sec. 27. Section 96.19, subsection 18, paragraph b,
12 29 subparagraph (5), Code 2016, is amended to read as follows:
12 30 (5) Notwithstanding any other provisions of this
12 31 subsection, service with respect to which a tax is required
12 32 to be paid under any federal law imposing a tax against which
12 33 credit may be taken for contributions required to be paid into
12 34 a state unemployment fund or which, as a condition for full
12 35 tax credit against the tax imposed by the Federal Unemployment
13 1 Tax Act (26 U.S.C. {3301 = 3308), 26 U.S.C. {3301 = 3308, is
13 2 required to be covered under this chapter.
13 3 Sec. 28. Section 96.19, subsection 18, paragraph g,
13 4 subparagraph (3), subparagraph division (c), Code 2016, is
13 5 amended to read as follows:
13 6 (c) In connection with the production or harvesting of any
13 7 commodity defined as an agricultural commodity in section 15(g)
13 8 of the Agricultural Marketing Act, as amended [46 Stat. 1550,
13 9 {3, 12 U.S.C. {1141j], 46 Stat. 1550, {3, 12 U.S.C. {1141j, or
13 10 in connection with ginning of cotton, or in connection with the
13 11 operation or maintenance of ditches, canals, reservoirs, or
13 12 waterways, not owned or operated for profit, used exclusively
13 13 for supplying and storing water for farming purposes.
13 14 Sec. 29. Section 96.19, subsection 18, paragraph g,
13 15 subparagraph (3), subparagraph division (d), subparagraph
13 16 subdivision (ii), Code 2016, is amended to read as follows:
13 17 (ii) In the employ of a group of operators of farms (or,
13 18 or a cooperative organization of which such operators are
13 19 members) members, in the performance of service described
13 20 in subparagraph subdivision (i) of division (d) of this
13 21 subparagraph, but only if such operators produced more than
13 22 one=half of the commodity with respect to which such service
13 23 is performed;
13 24 Sec. 30. Section 96.19, subsection 20, unnumbered paragraph
13 25 1, Code 2016, is amended to read as follows:
13 26 "Exhaustee" means an individual who, with respect to any
13 27 week of unemployment in the individual's eligibility period
13 28 has received, prior to such week, all of the regular benefits
13 29 that were available to the individual under this chapter or
13 30 any other state law (including law, including dependents'
13 31 allowances and benefits payable to federal civilian employees
13 32 and former armed forces personnel under 5 U.S.C. ch. 85) 5
13 33 U.S.C. ch. 85, in the individual's current benefit year that
13 34 includes such weeks. Provided that for the purposes of this
13 35 subsection an individual shall be deemed to have received all
14 1 of the regular benefits that were available to the individual,
14 2 although as a result of a pending appeal with respect to
14 3 wages that were not considered in the original monetary
14 4 determination in the individual's benefit year the individual
14 5 may subsequently be determined to be entitled to add regular
14 6 benefits, or:
14 7 Sec. 31. Section 96.19, subsections 22 and 33, Code 2016,
14 8 are amended to read as follows:
14 9 22. "Extended benefits" means benefits (including benefits,
14 10 including benefits payable to federal civilian employees and to
14 11 former armed forces personnel pursuant to 5 U.S.C. ch. 85) 5
14 12 U.S.C. ch. 85, payable to an individual under the provisions
14 13 of this section for weeks of unemployment in the individual's
14 14 eligibility period.
14 15 33. "Regular benefits" means benefits payable to an
14 16 individual under this or under any other state law (including
14 17 law, including benefits payable to federal civilian employees
14 18 and to former armed forces personnel pursuant to 5 U.S.C. ch.
14 19 85) 5 U.S.C. ch. 85, other than extended benefits.
14 20 Sec. 32. Section 97B.43, Code 2016, is amended to read as
14 21 follows:
14 22 97B.43 Prior service credit.
14 23 1. Each member in service on July 4, 1953, who made
14 24 contributions under the abolished system, and who has not
14 25 applied for and qualified for benefit payments under the
14 26 abolished system, shall receive credit for years of prior
14 27 service in the determination of retirement allowance payments
14 28 under this chapter, if the member elects to become a member on
14 29 or before October 1, 1953, the member has not made application
14 30 for a refund of the part of the member's contributions under
14 31 the abolished system which are payable under sections 97.50
14 32 to 97.53, and the member gives written authorization prior to
14 33 October 1, 1953, to the commission to credit to the retirement
14 34 fund the amount of the member's contribution which would
14 35 be subject to a claim for refund. The amount so credited
15 1 shall, after transfer, be considered as a contribution to the
15 2 retirement system made as of July 4, 1953, by the member and
15 3 shall be included in the determination of the amount of moneys
15 4 payable under this chapter. However, an employee who was under
15 5 a contract of employment as a teacher in the public schools of
15 6 the state of Iowa at the end of the school year 1952=1953, or
15 7 any person covered by section 97B.1A, subsection 20, paragraph
15 8 "c" or "d", shall be considered as in service as of July 4,
15 9 1953, if they were members of the abolished system.
15 10 2. Any person with a record of thirty years as a public
15 11 employee in the state of Iowa prior to July 1, 1947, and who is
15 12 not eligible for prior service credit under other provisions
15 13 of this section, is entitled to a credit for years of prior
15 14 service in the determination of the retirement allowance
15 15 payment under this chapter, provided the public employee makes
15 16 application to the system for credit for prior public service,
15 17 accompanied by verification of the person's claim as the system
15 18 may require. The person's allowance for prior service credits
15 19 shall be computed in the same manner as otherwise provided in
15 20 this section, but shall not exceed the sum of four hundred
15 21 fifty dollars nor be less than three hundred dollars per annum.
15 22 Any such person is entitled to receive retirement allowances
15 23 computed as provided by this chapter, effective from the date
15 24 of application to the system, provided such application is
15 25 approved. However, beginning July 1, 1975, the amount of such
15 26 person's retirement allowance payment received during June
15 27 1975, as computed under this section shall be increased by two
15 28 hundred percent and the allowance for prior service credits
15 29 shall not exceed one thousand three hundred fifty dollars nor
15 30 be less than nine hundred dollars per annum. Effective July
15 31 1, 1987, there is appropriated for each fiscal year from the
15 32 Iowa public employees' retirement fund created in section 97B.7
15 33 to the system an amount sufficient to fund the retirement
15 34 allowance increases paid under this paragraph subsection.
15 35 Effective July 1, 1980, a person with a record of thirty years
16 1 as a public employee in the state of Iowa prior to July 1,
16 2 1947, receiving retirement allowances under this chapter shall
16 3 receive the monthly increase in benefits provided in section
16 4 97B.49G, subsection 3, paragraph "a".
16 5 3. Each individual who on or after July 1, 1978, was an
16 6 active, vested, or retired member and who (1) made application
16 7 for and received a refund of contributions made under the
16 8 abolished system or (2) has on deposit with the retirement fund
16 9 contributions made under the abolished system shall be entitled
16 10 to credit for years of prior service in the determination of
16 11 retirement allowance payments by filing a written election
16 12 with the system on or after July 1, 1978, and by redepositing
16 13 any withdrawn contributions under the abolished system
16 14 together with interest as stated in this paragraph subsection.
16 15 Any individual who on or after July 1, 1978, is a retired
16 16 member and who made application for and received a refund of
16 17 contributions made under the abolished system may, by filing
16 18 a written election with the system on or after July 1, 1978,
16 19 have the system retain fifty percent of the monthly increase in
16 20 retiree benefits that will accrue to the individual because of
16 21 prior service. If the monthly increase in retirement benefits
16 22 is less than ten dollars, the system shall retain five dollars
16 23 of the scheduled increase, and if the monthly increase is less
16 24 than five dollars, the provisions of this paragraph subsection
16 25 shall not apply. The system shall continue to retain such
16 26 funds until the withdrawn contributions, together with interest
16 27 accrued to the month in which the written election is filed,
16 28 have been repaid. Due notice of this provision shall be sent
16 29 to all retired members on or after July 1, 1978. However, this
16 30 paragraph subsection shall not apply to any person who received
16 31 a refund of any membership service contributions unless the
16 32 person repaid the membership service contributions pursuant
16 33 to section 97B.80C; but a refund of contributions remitted
16 34 for the calendar quarter ending September 30, 1953, which was
16 35 based entirely upon employment which terminated prior to July
17 1 4, 1953, shall not be considered as a refund of membership
17 2 service contributions. The interest to be paid into the fund
17 3 shall be compounded at the rates credited to member accounts
17 4 from the date of payment of the refund of contributions under
17 5 the abolished system to the date the member redeposits the
17 6 refunded amount. The provisions of the first paragraph of
17 7 this section subsection 1 relating to the consideration given
17 8 to credited amounts shall apply to the redeposited amounts
17 9 or to amounts left on deposit. Effective July 1, 1978, the
17 10 provisions of this paragraph subsection shall apply to each
17 11 individual who on or after July 1, 1978, was an active, vested,
17 12 or retired member, but who was not in service on July 4, 1953.
17 13 The period for filing the written election with the system and
17 14 redepositing any withdrawn contributions together with interest
17 15 accrued shall commence July 1, 1978. A member who is a retired
17 16 member on or after July 1, 1978, may file written election with
17 17 the system on or after July 1, 1978, to have the system retain
17 18 fifty percent of the monthly increase as provided in this
17 19 paragraph subsection.
17 20 4. Effective July 1, 2004, a member eligible for an
17 21 increased retirement allowance because of the repayment of
17 22 contributions under this section is entitled to receipt of
17 23 adjustment payments beginning with the month in which payment
17 24 was received by the system.
17 25 Sec. 33. Section 99B.27, subsection 2, paragraph n, Code
17 26 2016, is amended to read as follows:
17 27 n. No A person receives shall not receive or has have any
17 28 fixed or contingent right to receive, directly or indirectly,
17 29 any profit, remuneration, or compensation from or related to
17 30 a game in a card game tournament, except any amount which the
17 31 person may win as a participant on the same basis as the other
17 32 participants.
17 33 Sec. 34. Section 99B.27, subsection 2, paragraph p,
17 34 unnumbered paragraph 1, Code 2016, is amended to read as
17 35 follows:
18 1 The person conducting the card game tournament does none
18 2 shall not do any of the following:
18 3 Sec. 35. Section 135B.7, subsection 2, paragraph a, Code
18 4 2016, is amended to read as follows:
18 5 a. The rules shall state that a hospital shall not deny
18 6 clinical privileges to physicians and surgeons, podiatric
18 7 physicians, osteopathic physicians and surgeons, dentists,
18 8 certified health service providers in psychology, physician
18 9 assistants, or advanced registered nurse practitioners licensed
18 10 under chapter 148, 148C, 149, 152, or 153, or section 154B.7,
18 11 solely by reason of the license held by the practitioner
18 12 or solely by reason of the school or institution in which
18 13 the practitioner received medical schooling or postgraduate
18 14 training if the medical schooling or postgraduate training was
18 15 accredited by an organization recognized by the council on
18 16 postsecondary higher education accreditation or an accrediting
18 17 group recognized by the United States department of education.
18 18 Sec. 36. Section 148E.2, subsection 1, paragraphs b and c,
18 19 Code 2016, are amended to read as follows:
18 20 b. Successful completion of a three=year postsecondary
18 21 training program or acupuncture college program which is
18 22 accredited by, in candidacy for accreditation by, or which
18 23 meets the standards of the national accreditation commission
18 24 for schools and colleges of acupuncture and oriental medicine.
18 25 c. Successful completion of a course in clean needle
18 26 technique approved by the national certification commission for
18 27 the certification of acupuncturists acupuncture and oriental
18 28 medicine.
18 29 Sec. 37. Section 153.15A, subsection 1, paragraph a, Code
18 30 2016, is amended to read as follows:
18 31 a. That the applicant possesses a degree or certificate of
18 32 graduation from a college, university, or institution of higher
18 33 education, accredited by a national agency recognized by the
18 34 council on postsecondary higher education accreditation or the
18 35 United States department of education, in a program of dental
19 1 hygiene with a minimum of two academic years of curriculum.
19 2 Sec. 38. Section 161A.72, subsection 1, Code 2016, is
19 3 amended to read as follows:
19 4 1. Financial incentives provided under this chapter shall
19 5 be administered by the division. The incentives shall be
19 6 supported with funds appropriated by the general assembly,
19 7 and moneys available to or obtained by the division or the
19 8 committee from public or private sources, including but
19 9 not limited to the United States, other states, or private
19 10 organizations. The division shall adopt all rules consistent
19 11 with chapter 17A necessary to carry out the purpose of this
19 12 division subchapter as provided in section 161A.70.
19 13 Sec. 39. Section 225.24, Code 2016, is amended to read as
19 14 follows:
19 15 225.24 Collection of preliminary expense.
19 16 Unless a committed private patient or those legally
19 17 responsible for the patient's support offer to settle the
19 18 amount of the claims, the regional administrator for the
19 19 person's county of residence shall collect, by action if
19 20 necessary, the amount of all claims for per diem and expenses
19 21 that have been approved by the regional administrator for the
19 22 county and paid by the regional administrator as provided under
19 23 section 225.21. Any amount collected shall be credited to the
19 24 county mental health and disabilities services fund created in
19 25 accordance with section 331.424A.
19 26 Sec. 40. Section 234.39, Code 2016, is amended to read as
19 27 follows:
19 28 234.39 Responsibility for cost of services.
19 29 1. It is the intent of this chapter that an individual
19 30 receiving foster care services and the individual's parents or
19 31 guardians shall have primary responsibility for paying the cost
19 32 of the care and services. The support obligation established
19 33 and adopted under this section shall be consistent with the
19 34 limitations on legal liability established under sections
19 35 222.78 and 230.15, and by any other statute limiting legal
20 1 responsibility for support which may be imposed on a person for
20 2 the cost of care and services provided by the department. The
20 3 department shall notify an individual's parents or guardians,
20 4 at the time of the placement of an individual in foster care,
20 5 of the responsibility for paying the cost of care and services.
20 6 Support obligations shall be established as follows:
20 7 1. a. For an individual to whom section 234.35, subsection
20 8 1, is applicable, a dispositional order of the juvenile court
20 9 requiring the provision of foster care, or an administrative
20 10 order entered pursuant to chapter 252C, or any order
20 11 establishing paternity and support for a child in foster care,
20 12 shall establish, after notice and a reasonable opportunity to
20 13 be heard is provided to a parent or guardian, the amount of
20 14 the parent's or guardian's support obligation for the cost
20 15 of foster care provided by the department. The amount of
20 16 the parent's or guardian's support obligation and the amount
20 17 of support debt accrued and accruing shall be established in
20 18 accordance with the child support guidelines prescribed under
20 19 section 598.21B. However, the court, or the department of
20 20 human services in establishing support by administrative order,
20 21 may deviate from the prescribed obligation after considering
20 22 a recommendation by the department for expenses related to
20 23 goals and objectives of a case permanency plan as defined
20 24 under section 237.15, and upon written findings of fact which
20 25 specify the reason for deviation and the prescribed guidelines
20 26 amount. Any order for support shall direct the payment of
20 27 the support obligation to the collection services center for
20 28 the use of the department's foster care recovery unit. The
20 29 order shall be filed with the clerk of the district court
20 30 in which the responsible parent or guardian resides and has
20 31 the same force and effect as a judgment when entered in the
20 32 judgment docket and lien index. The collection services center
20 33 shall disburse the payments pursuant to the order and record
20 34 the disbursements. If payments are not made as ordered, the
20 35 child support recovery unit may certify a default to the court
21 1 and the court may, on its own motion, proceed under section
21 2 598.22 or 598.23 or the child support recovery unit may enforce
21 3 the judgment as allowed by law. An order entered under this
21 4 subsection paragraph may be modified only in accordance with
21 5 the guidelines prescribed under section 598.21C, or under
21 6 chapter 252H.
21 7 2. b. For an individual who is served by the department
21 8 of human services under section 234.35, and is not subject
21 9 to a dispositional order of the juvenile court requiring the
21 10 provision of foster care, the department shall determine the
21 11 obligation of the individual's parent or guardian pursuant
21 12 to chapter 252C and in accordance with the child support
21 13 guidelines prescribed under section 598.21B. However, the
21 14 department may adjust the prescribed obligation for expenses
21 15 related to goals and objectives of a case permanency plan as
21 16 defined under section 237.15. An obligation determined under
21 17 this subsection paragraph may be modified only in accordance
21 18 with conditions under section 598.21C, or under chapter 252H.
21 19 3. 2. A person entitled to periodic support payments
21 20 pursuant to an order or judgment entered in any action for
21 21 support, who also is or has a child receiving foster care
21 22 services, is deemed to have assigned to the department
21 23 current and accruing support payments attributable to the
21 24 child effective as of the date the child enters foster care
21 25 placement, to the extent of expenditure of foster care funds.
21 26 The department shall notify the clerk of the district court
21 27 when a child entitled to support payments is receiving foster
21 28 care services pursuant to chapter 234. Upon notification
21 29 by the department that a child entitled to periodic support
21 30 payments is receiving foster care services, the clerk of
21 31 the district court shall make a notation of the automatic
21 32 assignment in the judgment docket and lien index. The notation
21 33 constitutes constructive notice of assignment. The clerk of
21 34 court shall furnish the department with copies of all orders
21 35 and decrees awarding support when the child is receiving
22 1 foster care services. At the time the child ceases to receive
22 2 foster care services, the assignment of support shall be
22 3 automatically terminated. Unpaid support accrued under the
22 4 assignment of support rights during the time that the child was
22 5 in foster care remains due to the department up to the amount
22 6 of unreimbursed foster care funds expended. The department
22 7 shall notify the clerk of court of the automatic termination
22 8 of the assignment. Unless otherwise specified in the support
22 9 order, an equal and proportionate share of any child support
22 10 awarded shall be presumed to be payable on behalf of each child
22 11 subject to the order or judgment for purposes of an assignment
22 12 under this section.
22 13 4. 3. The support debt for the costs of services, for which
22 14 a support obligation is established pursuant to this section,
22 15 which accrues prior to the establishment of the support debt,
22 16 shall be collected, at a maximum, in the amount which is the
22 17 amount of accrued support debt for the three months preceding
22 18 the earlier of the following:
22 19 a. The provision by the child support recovery unit of the
22 20 initial notice to the parent or guardian of the amount of the
22 21 support obligation.
22 22 b. The date that the written request for a court hearing
22 23 is received by the child support recovery unit as provided in
22 24 section 252C.3 or 252F.3.
22 25 5. 4. If the department makes a subsidized guardianship
22 26 payment for a child, the payment shall be considered a foster
22 27 care payment for purposes of child support recovery. All
22 28 provisions of this and other sections, and of rules and orders
22 29 adopted or entered pursuant to those sections, including
22 30 for the establishment of a paternity or support order, for
22 31 the amount of a support obligation, for the modification or
22 32 adjustment of a support obligation, for the assignment of
22 33 support, and for enforcement shall apply as if the child
22 34 were receiving foster care services, or were in foster care
22 35 placement, or as if foster care funds were being expended for
23 1 the child. This subsection shall apply regardless of the date
23 2 of placement in foster care or subsidized guardianship or the
23 3 date of entry of an order, and foster care and subsidized
23 4 guardianship shall be considered the same for purposes of child
23 5 support recovery.
23 6 Sec. 41. Section 252H.2, subsection 2, paragraph m, Code
23 7 2016, is amended to read as follows:
23 8 m. "Support order" means an order for support issued
23 9 pursuant to this chapter, chapter 232, 234, 252A, 252C, 252E,
23 10 252F, 252H, 598, 600B, or any other applicable chapter, or
23 11 under a comparable statute of another state or foreign country
23 12 as registered with the clerk of court or certified to the child
23 13 support recovery unit.
23 14 Sec. 42. Section 256.3, Code 2016, is amended to read as
23 15 follows:
23 16 256.3 State board established.
23 17 1. The state board of education is established for the
23 18 department. The state board consists of ten members, nine
23 19 voting members and one nonvoting student member. The voting
23 20 members shall be appointed by the governor subject to senate
23 21 confirmation. The nonvoting student member shall be appointed
23 22 as provided in section 256.5A.
23 23 2. The voting members shall be registered voters of
23 24 the state and hold no other elective or appointive state
23 25 office. Not more than five voting members shall be of the
23 26 same political party. Three of the voting members shall
23 27 have substantial knowledge related to the community college
23 28 system. The remaining six voting members shall be members of
23 29 the general public. A voting member shall not be engaged in
23 30 professional education for a major portion of the member's time
23 31 nor shall the member derive a major portion of income from any
23 32 business or activity connected with education. Not more than
23 33 five voting members shall be of the same political party.
23 34 3. The terms of office for voting members are for six years
23 35 beginning and ending as provided in section 69.19.
24 1 Three of the voting members shall have substantial knowledge
24 2 related to the community college system. The remaining six
24 3 voting members shall be members of the general public.
24 4 Sec. 43. Section 257.17, subsection 2, Code 2016, is amended
24 5 to read as follows:
24 6 2. This section does not apply to a school district
24 7 attendance center that has received approval from the
24 8 department of education under section 279.10, subsection
24 9 2, to maintain a year around year=round school calendar
24 10 that commences classes in advance of the school start date
24 11 established in section 279.10, subsection 1. The department
24 12 of management shall prorate the reduction made pursuant to
24 13 this section to account for an attendance center in a school
24 14 district that is approved to maintain a year around year=round
24 15 school calendar under section 279.10, subsection 2.
24 16 Sec. 44. Section 279.10, subsection 2, Code 2016, is amended
24 17 to read as follows:
24 18 2. The board of directors of a school district and the
24 19 authorities in charge of an accredited nonpublic school
24 20 may apply to the department of education for authorization
24 21 to maintain a year around year=round school calendar at an
24 22 attendance center or school for students in prekindergarten
24 23 through grade eight. However, a board shall hold a public
24 24 hearing on any proposal relating to authorization for a
24 25 year around year=round school calendar prior to submitting
24 26 an application under this subsection to the department of
24 27 education for approval.
24 28 a. The initial application for a year around year=round
24 29 school calendar shall be submitted to the department of
24 30 education not later than November 1 of the preceding school
24 31 year. The department shall notify the board or the authorities
24 32 of the approval or denial of an application not later than the
24 33 next following January 15. The application may be approved
24 34 for one or two years at a time. A board or the authorities in
24 35 charge may reapply to renew an authorization by November 1 of
25 1 the year prior to expiration of the authorization.
25 2 b. An attendance center or school authorized to maintain
25 3 a year around year=round calendar must serve all students
25 4 attending the school and shall not be limited based on student
25 5 achievement or based on the trait or characteristic of the
25 6 student as defined in section 280.28.
25 7 c. An attendance center or school authorized to maintain a
25 8 year around year=round school calendar under this subsection
25 9 shall provide at least ten days of instruction or the hourly
25 10 equivalent during eleven of the twelve months of the school
25 11 year. The period of time between instructional days shall not
25 12 exceed six weeks.
25 13 d. A year around year=round school calendar authorized
25 14 pursuant to this subsection is exempt from the school start
25 15 date specified in subsection 1.
25 16 Sec. 45. Section 307.26, subsection 1, Code 2016, is amended
25 17 to read as follows:
25 18 1. Advise and assist the director in the development
25 19 of aeronautics, including but not limited to the location
25 20 of air terminals,; accessibility of air terminals by other
25 21 modes of public transportation,; protective zoning provisions
25 22 considering safety factors, noise, and air pollution,;
25 23 facilities for private and commercial aircraft,; air freight
25 24 facilities,; and such other physical and technical aspects as
25 25 may be necessary to meet present and future needs.
25 26 Sec. 46. Section 310.27, subsection 3, Code 2016, is amended
25 27 to read as follows:
25 28 3. If in the judgment of the department the anticipated
25 29 claims against the primary road fund for any month are in
25 30 excess of moneys available, a temporary transfer for highway
25 31 construction costs may be made from the farm=to=market road
25 32 fund to the primary road fund providing provided that there
25 33 will remain in the transferring fund a sufficient balance
25 34 to meet the anticipated obligations. All transfers shall
25 35 be repaid from the primary road fund to the farm=to=market
26 1 road fund within sixty days from the date of the transfer. A
26 2 transfer shall be made only with the approval of the director
26 3 of the department of management and shall comply with the
26 4 director of the department of management's rules relating to
26 5 the transfer of funds. Similar transfers may be made by the
26 6 department from the primary road fund to the farm=to=market
26 7 road fund and these transfers shall be subject to the same
26 8 terms and conditions that transfers from the farm=to=market
26 9 road fund to the primary road fund are subject.
26 10 Sec. 47. Section 313.4, subsection 1, paragraph a, Code
26 11 2016, is amended to read as follows:
26 12 a. Said The primary road fund is hereby appropriated for
26 13 and shall be used in the establishment, construction, and
26 14 maintenance of the primary road system, including the drainage,
26 15 grading, surfacing, and construction of bridges and culverts,;
26 16 the elimination or improvement of railroad crossings,; the
26 17 acquiring of additional right=of=way,; and all other expense
26 18 incurred in the construction and maintenance of said the
26 19 primary road system and the maintenance and housing of the
26 20 department.
26 21 Sec. 48. Section 321.189, subsection 2, paragraph a, Code
26 22 2016, is amended to read as follows:
26 23 a. Appearing on the driver's license shall be a
26 24 distinguishing number assigned to the licensee; the licensee's
26 25 full name, date of birth, sex, and residence address; a colored
26 26 color photograph; a physical description of the licensee;
26 27 the name of the state; the dates of issuance and expiration;
26 28 and the usual signature of the licensee. The license shall
26 29 identify the class of vehicle the licensee may operate and the
26 30 applicable endorsements and restrictions which the department
26 31 shall require by rule.
26 32 Sec. 49. Section 321.190, subsection 1, paragraph a, Code
26 33 2016, is amended to read as follows:
26 34 a. The department shall, upon application and payment
26 35 of the required fee, issue to an applicant a nonoperator's
27 1 identification card. To be valid the card shall bear a
27 2 distinguishing number other than a social security number
27 3 assigned to the cardholder, the full name, date of birth,
27 4 sex, residence address, a physical description and a colored
27 5 color photograph of the cardholder, the usual signature of
27 6 the cardholder, and such other information as the department
27 7 may require by rule. An applicant for a nonoperator's
27 8 identification card shall apply for the card in the manner
27 9 provided in section 321.182, subsections 1 through 3. The card
27 10 shall be issued to the applicant at the time of application
27 11 pursuant to procedures established by rule. An applicant for a
27 12 nonoperator's identification card who is required by 50 U.S.C.
27 13 app. {451 et seq. to register with the United States selective
27 14 service system shall be registered by the department with the
27 15 selective service system as provided in section 321.183.
27 16 Sec. 50. Section 321.215, subsection 5, Code 2016, is
27 17 amended to read as follows:
27 18 5. Notwithstanding any provision of this chapter to the
27 19 contrary, the department may issue a temporary restricted
27 20 license to a person eligible for a temporary restricted
27 21 license under this section if the person is also eligible for a
27 22 temporary restricted license under section 321J.20, provided
27 23 the requirements of each this section and section 321J.20 are
27 24 satisfied.
27 25 Sec. 51. Section 321.492, Code 2016, is amended to read as
27 26 follows:
27 27 321.492 Peace officers' authority.
27 28 1. A peace officer is authorized to stop a vehicle to
27 29 require exhibition of the driver's license of the driver, to
27 30 serve a summons or memorandum of traffic violation, to inspect
27 31 the condition of the vehicle, to inspect the vehicle with
27 32 reference to size, weight, cargo, log book, bills of lading
27 33 or other manifest of employment, tires, and safety equipment,
27 34 or to inspect the registration certificate, the compensation
27 35 certificate, travel order, or permit of the vehicle.
28 1 2. A peace officer having probable cause to stop a vehicle
28 2 may require exhibition of the proof of financial liability
28 3 coverage card issued for the vehicle if the vehicle is a motor
28 4 vehicle registered in this state.
28 5 3. a. All peace officers as defined in section 801.4,
28 6 subsection 11, paragraphs "a", "b", "c", and "h" may, having
28 7 reasonable grounds that equipment violations exist, conduct
28 8 spot inspections.
28 9 b. The department may designate employees under the
28 10 supervision of the department's administrator of motor vehicles
28 11 to conduct spot inspections.
28 12 Sec. 52. Section 321A.1, Code 2016, is amended to read as
28 13 follows:
28 14 321A.1 Definitions.
28 15 The following words and phrases when used in this chapter
28 16 shall, for the purposes of this chapter, have the meanings
28 17 respectively ascribed to them in this section, except in those
28 18 instances where the context clearly indicates a different
28 19 meaning:
28 20 1. County system. "Book", "list", "record", or "schedule"
28 21 kept by a county auditor, assessor, treasurer, recorder,
28 22 sheriff, or other county officer means the county system as
28 23 defined in section 445.1.
28 24 2. Department. "Department" means the state department of
28 25 transportation.
28 26 3. Judgment. A "Judgment" means a judgment which has become
28 27 final by expiration without appeal during the time within
28 28 which an appeal might have been perfected, or a judgment if
28 29 an appeal from the judgment has been perfected, which has not
28 30 been stayed by the execution, filing, and approval of a bond as
28 31 provided in rule of appellate procedure 6.601(1), or a judgment
28 32 which has become final by affirmation on appeal, rendered by
28 33 a court of competent jurisdiction of a state or of the United
28 34 States, upon a cause of action arising out of the ownership,
28 35 maintenance, or use of a motor vehicle, as defined in this
29 1 section, for damages, including damages for care and loss of
29 2 services, because of bodily injury to or death of a person, or
29 3 for damages because of injury to or destruction of property,
29 4 including the loss of use of property, or upon a cause of
29 5 action on an agreement of settlement for such damages.
29 6 4. License. A "License" means a driver's license as defined
29 7 in section 321.1 issued under the laws of this state.
29 8 5. Motor vehicle. "Motor vehicle" means every vehicle
29 9 which is self=propelled, but not including vehicles known
29 10 as trackless trolleys which are propelled by electric power
29 11 obtained from overhead trolley wires and not operated upon
29 12 rails. The term "car" or "automobile" shall be synonymous with
29 13 the term "motor vehicle". "Motor vehicle" does not include
29 14 special mobile equipment as defined in this section.
29 15 6. Nonresident. Every "Nonresident" means every person who
29 16 is not a resident of this state.
29 17 7. Nonresident operating privilege. The "Nonresident
29 18 operating privilege" means the privilege conferred upon a
29 19 nonresident by the laws of this state pertaining to the
29 20 operation by the nonresident of a motor vehicle, or the use of
29 21 a motor vehicle owned by the nonresident, in this state.
29 22 8. Operator. A "Operator" means a person who is in actual
29 23 physical control of a motor vehicle whether or not that person
29 24 has a driver's license as required under the laws of this
29 25 state.
29 26 9. Owner. "Owner" means a person who holds the legal
29 27 title of a motor vehicle; however, if the motor vehicle is the
29 28 subject of a security agreement with a right of possession in
29 29 the debtor, the debtor shall be deemed the owner for purposes
29 30 of this chapter or if the motor vehicle is leased as defined
29 31 in section 321.493, the lessee shall be deemed the owner for
29 32 purposes of this chapter.
29 33 10. Person. Every "Person" means every natural person,
29 34 firm, partnership, association, or corporation.
29 35 11. Proof of financial responsibility. Proof "Proof of
30 1 financial responsibility" means proof of ability to respond
30 2 in damages for liability, on account of accidents occurring
30 3 subsequent to the effective date of the proof, arising out
30 4 of the ownership, maintenance, or use of a motor vehicle, in
30 5 amounts as follows: With respect to accidents occurring on
30 6 or after January 1, 1981, and prior to January 1, 1983, the
30 7 amount of fifteen thousand dollars because of bodily injury to
30 8 or death of one person in any one accident, and, subject to the
30 9 limit for one person, the amount of thirty thousand dollars
30 10 because of bodily injury to or death of two or more persons
30 11 in any one accident, and the amount of ten thousand dollars
30 12 because of injury to or destruction of property of others in
30 13 any one accident; and with respect to accidents occurring on or
30 14 after January 1, 1983, the amount of twenty thousand dollars
30 15 because of bodily injury to or death of one person in any one
30 16 accident, and, subject to the limit for one person, the amount
30 17 of forty thousand dollars because of bodily injury to or death
30 18 of two or more persons in any one accident, and the amount of
30 19 fifteen thousand dollars because of injury to or destruction of
30 20 property of others in any one accident.
30 21 12. Registration. Registration "Registration" means a
30 22 registration certificate or certificates and registration
30 23 plates issued under the laws of this state pertaining to the
30 24 registration of motor vehicles.
30 25 13. Special mobile equipment. "Special mobile equipment"
30 26 means every vehicle not designed or used primarily for the
30 27 transportation of persons or property and incidentally operated
30 28 or moved over the highways, including road construction or
30 29 maintenance machinery, ditch=digging apparatus, and implements
30 30 of husbandry as defined in section 321.1, subsection 32. This
30 31 description does not exclude other vehicles which are within
30 32 the general terms of this subsection.
30 33 14. State. Any "State" means any state, territory, or
30 34 possession of the United States, the District of Columbia, or
30 35 any province of the Dominion of Canada.
31 1 Sec. 53. Section 321A.30, Code 2016, is amended to read as
31 2 follows:
31 3 321A.30 Rights not affected.
31 4 This chapter shall not prevent the owner of a motor vehicle,
31 5 the registration of which has been suspended hereunder, from
31 6 effecting a bona fide sale of such motor vehicle to another
31 7 person whose rights or privileges are not suspended under this
31 8 chapter nor prevent the registration of such motor vehicle by
31 9 such transferee. This chapter shall not in any wise way affect
31 10 the rights of any secured party or lessor of a motor vehicle
31 11 registered in the name of another as owner who becomes subject
31 12 to the provisions of this chapter.
31 13 Sec. 54. Section 321J.20, subsection 9, Code 2016, is
31 14 amended to read as follows:
31 15 9. Notwithstanding any provision of this chapter to the
31 16 contrary, the department may issue a temporary restricted
31 17 license to a person eligible for a temporary restricted
31 18 license under this section if the person is also eligible for a
31 19 temporary restricted license under section 321.215, provided
31 20 the requirements of each this section and section 321.215 are
31 21 satisfied.
31 22 Sec. 55. Section 331.207, subsection 3, Code 2016, is
31 23 amended to read as follows:
31 24 3. The supervisor representation plans submitted at the
31 25 special election shall be stated in substantially the following
31 26 manner:
31 27 The individual members of the board of supervisors in ......
31 28 county, Iowa, shall be elected:
31 29 Plan "one." "one". At large and without district residence
31 30 requirements for the members.
31 31 Plan "two." "two". At large but with equal=population
31 32 district residence requirements for the members.
31 33 Plan "three." "three". From single=member equal=population
31 34 districts in which the electors of each district shall elect
31 35 one member who must reside in that district.
32 1 Sec. 56. Section 357A.2, subsection 4, paragraph d,
32 2 subparagraph (2), subparagraph division (c), Code 2016, is
32 3 amended to read as follows:
32 4 (c) If the city reserving the right to provide service
32 5 fails to provide service within three years of receipt of the
32 6 water plan submitted under paragraph "a", the city waives
32 7 its right to provide water service and shall provide notice
32 8 to the district or association by certified mail and the
32 9 district or association may provide service within the area
32 10 of the water plan submitted under paragraph "a". If the city
32 11 fails to provide notice to the district or association, the
32 12 district or association may provide service in accordance with
32 13 this paragraph "d", regardless of whether the district or
32 14 association has received such notice.
32 15 Sec. 57. Section 357A.2, subsection 4, paragraph d,
32 16 subparagraph (3), Code 2016, is amended to read as follows:
32 17 (3) If the district or association fails to provide
32 18 service within three years after a city waives the right to
32 19 provide water service under this paragraph "d", the district
32 20 or association shall provide notice to the city by certified
32 21 mail and the city may provide service within the area of the
32 22 water plan submitted under paragraph "a". If the district
32 23 or association fails to provide notice to the city, the city
32 24 may provide service in accordance with this paragraph "d",
32 25 regardless of whether the city has received such notice.
32 26 Sec. 58. Section 384.78, Code 2016, is amended to read as
32 27 follows:
32 28 384.78 Prior proceedings.
32 29 Projects and proceedings for the levy of special assessments
32 30 and the issuance of special assessment bonds commenced
32 31 before the effective date of the city code may be hereafter
32 32 consummated and completed and special assessments levied and
32 33 special assessment bonds issued as required or permitted by
32 34 any statute or other law amended or repealed by 64GA 1972 Iowa
32 35 Acts, chapter ch. 1088, as though such repeal or amendment
33 1 had not occurred, and the rights, duties, and interests
33 2 flowing from such projects and proceedings remain valid
33 3 and enforceable. Without limiting the foregoing, projects
33 4 commenced prior to said effective date may be financed by the
33 5 issuance of special assessment bonds and other bonds under any
33 6 such amended or repealed law or by the issuance of special
33 7 assessment bonds, or other bonds under the city code. For the
33 8 purposes of this section, commencement of a project includes
33 9 but is not limited to action taken by the council or authorized
33 10 officer to fix a date for a hearing in connection with any part
33 11 of a public improvement, and commencement of proceedings for
33 12 the levy of special assessments and the issuance of special
33 13 assessment bonds includes but is not limited to action taken by
33 14 the council to fix a date for a hearing in connection with any
33 15 public improvement proposed to be financed in whole or in part
33 16 through special assessments.
33 17 Sec. 59. Section 384.84, subsection 6, paragraph b, Code
33 18 2016, is amended to read as follows:
33 19 b. A legal entity described in subsection 3, paragraph
33 20 "e" or "f", shall have the same powers and duties as a city
33 21 utility or enterprise under paragraph "a" of this subsection
33 22 with respect to filing suit in an appropriate court against a
33 23 customer if the customer's account for such services becomes
33 24 delinquent.
33 25 Sec. 60. Section 384.103, subsection 2, paragraph b, Code
33 26 2016, is amended to read as follows:
33 27 b. In that event event, the chief officer or official of the
33 28 governing body or the governing body may accept, enter into,
33 29 and make payment under a contract for emergency repairs without
33 30 holding a public hearing and advertising for bids, and the
33 31 provisions of chapter 26 do not apply.
33 32 Sec. 61. Section 403A.3, subsections 4, 5, and 7, Code 2016,
33 33 are amended to read as follows:
33 34 4. To lease or rent any dwellings, accommodations, lands,
33 35 buildings, structures, or facilities embraced in any project
34 1 and, subject to the limitations contained in this chapter with
34 2 respect to the rental of dwellings in housing projects, to
34 3 establish and revise the rents or charges therefor; to own,
34 4 hold, and improve real or personal property; to purchase,
34 5 lease, obtain options upon, acquire by gift, grant, bequest,
34 6 devise, or otherwise any real or personal property or any
34 7 interest therein; to acquire by the exercise of the power of
34 8 eminent domain any real property subject to section 403A.20;
34 9 to sell, lease, exchange, transfer, assign, pledge, or dispose
34 10 of any real or personal property or any interest therein; to
34 11 insure or provide for the insurance, in any stock or mutual
34 12 company of any real or personal property or operations of the
34 13 municipality against any risks or hazards; and to procure
34 14 or agree to the procurement of federal or state government
34 15 insurance or guarantees of the payment of any bonds or parts
34 16 thereof issued by a municipality, including the power to pay
34 17 premiums on any such insurance.
34 18 5. To invest any funds held in connection with a housing
34 19 project in reserve or sinking funds, or any fund not required
34 20 for immediate disbursement, in property or securities which
34 21 banks designated as state depositories may use to secure
34 22 the deposit of state funds; and to redeem its bonds at the
34 23 redemption price established therein or to purchase its bonds
34 24 at less than such redemption price, all bonds so redeemed or
34 25 purchased to be canceled.
34 26 7. To conduct examinations and investigations and to hear
34 27 testimony and take proof under oath at public or private
34 28 hearings on any matter material for its information; to
34 29 administer oaths, issue subpoenas requiring the attendance of
34 30 witnesses or the production of books and papers and to issue
34 31 commissions for the examination of witnesses who are outside
34 32 of the state or unable to attend or excused from attendance;
34 33 and to make available to appropriate agencies, including those
34 34 charged with the duty of abating or requiring the correction
34 35 of nuisances or like conditions or of demolishing unsafe
35 1 or insanitary structures within its area of operation, its
35 2 findings and recommendations with regard to any building or
35 3 property where conditions exist which are dangerous to the
35 4 public health, morals, safety, or welfare.
35 5 Sec. 62. Section 403A.13, Code 2016, is amended to read as
35 6 follows:
35 7 403A.13 Form and sale of bonds.
35 8 1. Bonds of a municipality shall be authorized by its
35 9 resolution and may be issued in one or more series and shall
35 10 bear such date or dates, mature at such time or times, bear
35 11 interest at such rate or rates, not exceeding that permitted by
35 12 chapter 74A, be in such denomination or denominations, be in
35 13 such form either coupon or registered, carry such conversion
35 14 or registration privileges, have such rank or priority, be
35 15 executed in such manner, be payable in such medium of payment,
35 16 at such place or places, and be subject to such terms of
35 17 redemption (with redemption, with or without premium) premium,
35 18 as such resolution, its trust indenture or mortgage may
35 19 provide.
35 20 2. The bonds may be sold at public or private sale at not
35 21 less than par.
35 22 3. If the officers of the municipality whose signatures
35 23 appear on any bonds or coupons shall cease to be such officers
35 24 before the delivery of the bonds, their signatures shall,
35 25 nevertheless, be valid and sufficient for all purposes,
35 26 the same as if the officers had remained in office until
35 27 such delivery. Any provision of any law to the contrary
35 28 notwithstanding, any bonds issued pursuant to this chapter
35 29 shall be fully negotiable.
35 30 4. In any suit, action or proceedings involving the validity
35 31 or enforcement of any bond issued pursuant to this chapter or
35 32 the security therefor, any such bond reciting in substance that
35 33 it has been issued by the municipality pursuant to this chapter
35 34 shall be conclusively deemed to have been issued for such
35 35 purpose and the housing project in respect to which such bond
36 1 was issued shall be conclusively deemed to have been planned,
36 2 located, and carried out in accordance with the purposes and
36 3 provisions of this chapter.
36 4 Sec. 63. Section 403A.14, subsection 1, paragraph j, Code
36 5 2016, is amended to read as follows:
36 6 j. Exercise all or any part or combination of the powers
36 7 herein granted; make such covenants (other covenants, other
36 8 than and in addition to the covenants herein expressly
36 9 authorized) authorized; and do any and all such acts and
36 10 things as may be necessary or convenient or desirable in order
36 11 to secure its bonds, or, in the absolute discretion of said
36 12 municipality, as will tend to make the bonds more marketable
36 13 notwithstanding that such covenants, acts or things may not be
36 14 enumerated herein.
36 15 Sec. 64. Section 403A.16, unnumbered paragraph 1, Code
36 16 2016, is amended to read as follows:
36 17 A municipality shall have power by its resolution, trust
36 18 indenture, mortgage, lease or other contract to confer upon any
36 19 obligee the right (in right, in addition to all rights that may
36 20 otherwise be conferred) conferred, upon the happening of an
36 21 event of default as defined in such resolution or instrument,
36 22 by suit, action, or proceeding in any court of competent
36 23 jurisdiction to:
36 24 Sec. 65. Section 403A.17, Code 2016, is amended to read as
36 25 follows:
36 26 403A.17 Exemption of property from execution sale.
36 27 All property (including funds) property, including funds,
36 28 owned or held by a municipality for the purposes of this
36 29 chapter shall be exempt from levy and sale by virtue of an
36 30 execution, and no execution or other judicial process shall
36 31 issue against the same nor shall any judgment against the
36 32 municipality be a charge or lien upon such property: Provided,
36 33 however property. However, that the provisions of this section
36 34 shall not apply to or limit the right of obligees to foreclose
36 35 or otherwise enforce any mortgage or other security executed
37 1 or issued pursuant to this chapter or the right of obligees
37 2 to pursue any remedies for the enforcement of any pledge or
37 3 lien on rents, fees, or revenues or the right of the federal
37 4 government to pursue any remedies conferred upon it pursuant to
37 5 the provisions of this chapter.
37 6 Sec. 66. Section 403A.18, Code 2016, is amended to read as
37 7 follows:
37 8 403A.18 Transfer of possession or title to federal
37 9 government.
37 10 In any contract with the federal government for annual
37 11 contributions to a municipality, the municipality may
37 12 obligate itself (which itself, which obligation shall be
37 13 specifically enforceable and shall not constitute a mortgage,
37 14 notwithstanding any other law) law, to convey to the federal
37 15 government possession of or title to the housing project
37 16 to which such contract relates, upon the occurrence of a
37 17 substantial default (as as defined in such contract) contract
37 18 with respect to the covenant or conditions to which the
37 19 municipality is subject; and such contract may further provide
37 20 that in case of such conveyance, the federal government may
37 21 complete, operate, manage, lease, convey, or otherwise deal
37 22 with the housing project and funds in accordance with the
37 23 terms of such contract: Provided, that the contract requires
37 24 that, as soon as practicable after the federal government is
37 25 satisfied that all defaults with respect to the housing project
37 26 have been cured and that the housing project will thereafter
37 27 be operated in accordance with the terms of the contract, the
37 28 federal government shall reconvey to the municipality the
37 29 housing project as then constituted.
37 30 Sec. 67. Section 404.5, Code 2016, is amended to read as
37 31 follows:
37 32 404.5 Physical review of property by assessor.
37 33 1. The local assessor shall review each first=year
37 34 application by making a physical review of the property, to
37 35 determine if the improvements made increased the actual value
38 1 of the qualified real estate by at least fifteen percent or
38 2 at least ten percent in the case of real property assessed
38 3 as residential property or the applicable percent increase
38 4 requirement adopted by the city or county under section
38 5 404.2. If the assessor determines that the actual value of
38 6 that real estate has increased by at least the requisite
38 7 percent, the assessor shall proceed to determine the actual
38 8 value of the property and certify the valuation determined
38 9 pursuant to section 404.3 to the county auditor at the time of
38 10 transmitting the assessment rolls. However, if a new structure
38 11 is erected on land upon which no structure existed at the
38 12 start of the new construction, the assessor shall proceed to
38 13 determine the actual value of the property and certify the
38 14 valuation determined pursuant to section 404.3 to the county
38 15 auditor at the time of transmitting the assessment rolls. The
38 16 assessor shall notify the applicant of the determination, and
38 17 the assessor's decision may be appealed to the local board
38 18 of review at the times specified in section 441.37. If an
38 19 application for exemption is denied as a result of failure to
38 20 sufficiently increase the value of the real estate as provided
38 21 in section 404.3, the owner may file a first annual application
38 22 in a subsequent year when additional improvements are made to
38 23 satisfy requirements of section 404.3, and the provisions of
38 24 section 404.4 shall apply. After the tax exemption is granted,
38 25 the local assessor shall continue to grant the tax exemption,
38 26 with periodic physical review by the assessor, for the time
38 27 period specified in section 404.3, subsection 1, 2, 3, or 4, or
38 28 specified in the different schedule if one has been adopted,
38 29 under which the exemption was granted. The tax exemptions for
38 30 the succeeding years shall be granted without the taxpayer
38 31 having to file an application for the succeeding years.
38 32 2. For the purposes of this section, the actual value of
38 33 the property upon which the value of improvements in the form
38 34 of rehabilitation or additions to existing structures shall
38 35 be determined shall be the lower of either the amount listed
39 1 on the assessment rolls in the assessment year in which such
39 2 improvements are first begun or the price paid by the owner if
39 3 the improvements in the form of rehabilitation or additions to
39 4 existing structures were begun within one year of the date the
39 5 property was purchased and the sale was a fair and reasonable
39 6 exchange between a willing buyer and a willing seller,
39 7 neither being under any compulsion to buy or sell and each
39 8 being familiar with all the facts relating to the particular
39 9 property.
39 10 Sec. 68. Section 422.7, subsections 12A, 20, and 37, Code
39 11 2016, are amended to read as follows:
39 12 12A. a. If the adjusted gross income includes income or
39 13 loss from a business operated by the taxpayer, and if the
39 14 business does not qualify for the adjustment under subsection
39 15 12, an additional deduction shall be allowed in computing the
39 16 income or loss from the business if the business hired for
39 17 employment in the state during its annual accounting period
39 18 ending with or during the taxpayer's tax year either of the
39 19 following:
39 20 a. (1) An individual domiciled in this state at the time of
39 21 the hiring who meets any of the following conditions:
39 22 (1) (a) Has been convicted of a felony in this or any other
39 23 state or the District of Columbia.
39 24 (2) (b) Is on parole pursuant to chapter 906.
39 25 (3) (c) Is on probation pursuant to chapter 907, for an
39 26 offense other than a simple misdemeanor.
39 27 (4) (d) Is in a work release program pursuant to chapter
39 28 904, division IX.
39 29 b. (2) An individual, whether or not domiciled in this
39 30 state at the time of the hiring, who is on parole or probation
39 31 and to whom the interstate probation and parole compact under
39 32 section 907A.1, Code 2001, applies, or to whom the interstate
39 33 compact for adult offender supervision under chapter 907B
39 34 applies.
39 35 b. The amount of the additional deduction is equal to
40 1 sixty=five percent of the wages paid to individuals, but shall
40 2 not exceed twenty thousand dollars per individual, named in
40 3 paragraphs "a" paragraph "a", subparagraphs (1) and "b" (2)
40 4 who were hired for the first time by that business during the
40 5 annual accounting period for work done in the state. This
40 6 additional deduction is allowed for the wages paid to those
40 7 individuals successfully completing a probationary period
40 8 during the twelve months following the date of first employment
40 9 by the business and shall be deducted at the close of the
40 10 annual accounting period.
40 11 c. The additional deduction shall not be allowed for wages
40 12 paid to an individual who was hired to replace an individual
40 13 whose employment was terminated within the twelve=month
40 14 period preceding the date of first employment. However, if
40 15 the individual being replaced left employment voluntarily
40 16 without good cause attributable to the employer or if the
40 17 individual was discharged for misconduct in connection with
40 18 the individual's employment as determined by the department
40 19 of workforce development, the additional deduction shall be
40 20 allowed.
40 21 d. A taxpayer who is a partner of a partnership or a
40 22 shareholder of a subchapter S corporation, may deduct that
40 23 portion of wages qualified under this subsection paid by the
40 24 partnership or subchapter S corporation based on the taxpayer's
40 25 pro rata share of the profits or losses from the partnership or
40 26 subchapter S corporation.
40 27 e. The department shall develop and distribute information
40 28 concerning the deduction available for businesses employing
40 29 persons named in paragraphs "a" paragraph "a", subparagraphs (1)
40 30 and "b" (2).
40 31 20. a. Subtract, to the extent included, the proceeds
40 32 received pursuant to a judgment in or settlement of a lawsuit
40 33 against the manufacturer or distributor of a Vietnam herbicide
40 34 for damages resulting from exposure to the herbicide. This
40 35 subsection applies to proceeds received by a taxpayer who is a
41 1 disabled veteran or who is a beneficiary of a disabled veteran.
41 2 b. For purposes of this subsection:
41 3 a. (1) "Vietnam herbicide" means a herbicide, defoliant
41 4 or other causative agent containing dioxin, including, but
41 5 not limited to, Agent Orange, used in the Vietnam Conflict
41 6 beginning December 22, 1961, and ending May 7, 1975, inclusive.
41 7 b. (2) "Agent Orange" means the herbicide composed of
41 8 trichlorophenoxyacetic acid and dichlorophenoxyacetic acid and
41 9 the contaminant dioxin (TCDD).
41 10 37. a. Notwithstanding the method for computing income from
41 11 an installment sale under section 453 of the Internal Revenue
41 12 Code, as defined in section 422.3, the method to be used in
41 13 computing income from an installment sale shall be the method
41 14 under section 453 of the Internal Revenue Code, as amended up
41 15 to and including January 1, 2000. A taxpayer affected by this
41 16 subsection shall make adjustments in the adjusted gross income
41 17 pursuant to rules adopted by the director.
41 18 b. The adjustment to net income provided in this subsection
41 19 is repealed for tax years beginning on or after January 1,
41 20 2002. However, to the extent that a taxpayer using the accrual
41 21 method of accounting reported the entire capital gain from the
41 22 sale or exchange of property on the Iowa return for the tax
41 23 year beginning in the 2001 calendar year and the capital gain
41 24 was reported on the installment method on the federal income
41 25 tax return, any additional installment from the capital gain
41 26 reported for federal income tax purposes is not to be included
41 27 in net income in tax years beginning on or after January 1,
41 28 2002.
41 29 Sec. 69. Section 441.10, Code 2016, is amended to read as
41 30 follows:
41 31 441.10 Deputies ==== examination and appointment ==== suspension
41 32 or discharge.
41 33 1. Immediately after the appointment of the assessor,
41 34 and at other times as the conference board directs, one or
41 35 more deputy assessors may be appointed by the assessor. Each
42 1 appointment shall be made from either the list of eligible
42 2 candidates provided by the director of revenue, which shall
42 3 contain only the names of those persons who achieve a score of
42 4 seventy percent or greater on the examination administered by
42 5 the director of revenue, or the list of candidates eligible
42 6 for appointment as city or county assessor. Examinations for
42 7 the position of deputy assessor shall be conducted in the same
42 8 manner as examinations for the position of city or county
42 9 assessor.
42 10 2. Following the administration of the examination, the
42 11 director of revenue shall establish a register containing
42 12 the names, in alphabetical order, of all individuals who are
42 13 eligible for appointment as a deputy assessor. The test scores
42 14 of individuals on the register shall be given to a city or
42 15 county conference board upon request. All eligible individuals
42 16 shall remain on the register for a period of two years
42 17 following the date of certification granted by the director.
42 18 3. Incumbent deputy assessors who have served six
42 19 consecutive years shall be placed on the register of
42 20 individuals eligible for appointment as deputy assessor. In
42 21 order to be appointed to the position of deputy assessor, the
42 22 deputy assessor shall comply with the continuing education
42 23 requirements. The number of credits required for certification
42 24 as eligible for appointment as a deputy assessor in a
42 25 jurisdiction other than where the deputy assessor is currently
42 26 serving shall be prorated according to the percentage of the
42 27 deputy assessor's term which is covered by the continuing
42 28 education requirements of section 441.8. The credit necessary
42 29 for certification for appointment is the product of ninety
42 30 multiplied by the quotient of the number of months served of
42 31 a deputy assessor's term covered by the continuing education
42 32 requirements of section 441.8 divided by seventy=two. If the
42 33 number of credits necessary for certification for appointment
42 34 as determined under this paragraph subsection results in a
42 35 partial credit hour, the credit hour shall be rounded to the
43 1 nearest whole number.
43 2 4. The assessor may peremptorily suspend or discharge
43 3 any deputy assessor under the assessor's direction upon
43 4 written charges for neglect of duty, disobedience of orders,
43 5 misconduct, or failure to properly perform the deputy
43 6 assessor's duties. Within five days after delivery of written
43 7 charges to the employee, the deputy assessor may appeal by
43 8 written notice to the secretary or chairperson of the examining
43 9 board. The board shall grant the deputy assessor a hearing
43 10 within fifteen days, and a decision by a majority of the
43 11 examining board is final. The assessor shall designate one of
43 12 the deputies as chief deputy, and the assessor shall assign to
43 13 each deputy the duties, responsibilities, and authority as is
43 14 proper for the efficient conduct of the assessor's office.
43 15 Sec. 70. Section 445.3, Code 2016, is amended to read as
43 16 follows:
43 17 445.3 Actions authorized.
43 18 1. In addition to all other remedies and proceedings
43 19 now provided by law for the collection of taxes, the county
43 20 treasurer may bring or cause an ordinary suit at law to be
43 21 commenced and prosecuted in the treasurer's name for the use
43 22 and benefit of the county for the collection of taxes from
43 23 any person, as shown by the county system in the treasurer's
43 24 office, and the suit shall be in all respects commenced, tried,
43 25 and prosecuted to final judgment the same as provided for
43 26 ordinary actions.
43 27 2. The commencement of actions for ad valorem taxes
43 28 authorized under this section shall not begin until the
43 29 issuance of a tax sale certificate under the requirements of
43 30 section 446.19. The commencement of actions for all other
43 31 taxes authorized under this section shall not begin until ten
43 32 days after the publication of tax sale under the requirements
43 33 of section 446.9, subsection 2. This paragraph subsection does
43 34 not apply to the collection of ad valorem taxes under section
43 35 445.32, and grain handling taxes under section 428.35.
44 1 3. Notwithstanding the provisions in section 535.3,
44 2 interest on the judgment shall be at the rate provided
44 3 in section 447.1 and shall commence from the month of the
44 4 commencement of the action. This interest shall be in lieu of
44 5 the interest assessed under section 445.39 from and after the
44 6 month of the commencement of the action.
44 7 4. An appeal may be taken to the Iowa supreme court as in
44 8 other civil cases regardless of the amount involved.
44 9 5. Notwithstanding any other provisions in this section,
44 10 if the treasurer is unable or has reason to believe that the
44 11 treasurer will be unable to offer land at the annual tax sale
44 12 to collect the total amount due, the treasurer may immediately
44 13 collect the total amount due by the commencement of an action
44 14 under this section.
44 15 6. Notwithstanding any other provision of law, if a statute
44 16 authorizes the collection of a delinquent tax, assessment,
44 17 rate, or charge by tax sale, the tax, assessment, rate, or
44 18 charge, including interest, fees, and costs, may also be
44 19 collected under this section and section 445.4.
44 20 7. This section is remedial and shall apply to all
44 21 delinquent taxes included in a tax sale certificate of purchase
44 22 issued to a county. Upon assignment of a county=held tax sale
44 23 certificate, this section shall not apply to the assignee.
44 24 Sec. 71. Section 452A.10, Code 2016, is amended to read as
44 25 follows:
44 26 452A.10 Required records.
44 27 1. a. A motor fuel or special fuel supplier, restrictive
44 28 supplier, importer, exporter, blender, dealer, user, common
44 29 carrier, contract carrier, terminal, or nonterminal storage
44 30 facility shall maintain, for a period of three years, records
44 31 of all transactions by which the supplier, restrictive
44 32 supplier, or importer withdraws from a terminal or a
44 33 nonterminal storage facility within this state or imports into
44 34 this state motor fuel or undyed special fuel together with
44 35 invoices, bills of lading, and other pertinent records and
45 1 papers as required by the department.
45 2 b. If in the normal conduct of a supplier's, restrictive
45 3 supplier's, importer's, exporter's, blender's, dealer's,
45 4 user's, common carrier's, contract carrier's, terminal's,
45 5 or nonterminal storage facility's business the records are
45 6 maintained and kept at an office outside this state, the
45 7 records shall be made available for audit and examination by
45 8 the department at the office outside this state, but the audit
45 9 and examination shall be without expense to this state.
45 10 2. Each distributor handling motor fuel or special fuel in
45 11 this state shall maintain for a period of three years records
45 12 of all motor fuel or undyed special fuel purchased or otherwise
45 13 acquired by the distributor, together with delivery tickets,
45 14 invoices, and bills of lading, and any other records required
45 15 by the department.
45 16 3. The department, after an audit and examination of records
45 17 required to be maintained under this section, may authorize
45 18 their disposal upon the written request of the supplier,
45 19 restrictive supplier, importer, exporter, blender, dealer,
45 20 user, carrier, terminal, nonterminal storage facility, or
45 21 distributor.
45 22 Sec. 72. Section 452A.57, subsection 8, Code 2016, is
45 23 amended to read as follows:
45 24 8. "Motor vehicle" shall mean and include all vehicles
45 25 (except vehicles, except those operated on rails) rails,
45 26 which are propelled by internal combustion engines and
45 27 are of such design as to permit their mobile use on public
45 28 highways for transporting persons or property. A farm tractor
45 29 while operated on a farm or for the purpose of hauling farm
45 30 machinery, equipment, or produce shall not be deemed to be
45 31 a motor vehicle. "Motor vehicle" shall not include "mobile
45 32 machinery and equipment" as defined in this section.
45 33 Sec. 73. Section 452A.66, Code 2016, is amended to read as
45 34 follows:
45 35 452A.66 Statutes applicable to motor fuel tax.
46 1 1. The appropriate state agency shall administer the taxes
46 2 imposed by this chapter in the same manner as and subject to
46 3 section 422.25, subsection 4, and section 423.35.
46 4 2. All the provisions of section 422.26 shall apply in
46 5 respect to the taxes, penalties, interest, and costs imposed
46 6 by this chapter excepting that as applied to any tax imposed
46 7 by this chapter, the lien therein provided in section 422.26
46 8 shall be prior and paramount over all subsequent liens upon any
46 9 personal property within this state, or right to such personal
46 10 property, belonging to the taxpayer without the necessity of
46 11 recording as therein provided. The requirements for recording
46 12 shall, as applied to the tax imposed by this chapter, apply
46 13 only to the liens upon real property. When requested to do
46 14 so by any person from whom a taxpayer is seeking credit,
46 15 or with whom the taxpayer is negotiating the sale of any
46 16 personal property, or by any other person having a legitimate
46 17 interest in such information, the director shall, upon being
46 18 satisfied that such a situation exists, inform such person as
46 19 to the amount of unpaid taxes due by such taxpayer under the
46 20 provisions of this chapter. The giving of such information
46 21 under such circumstances shall not be deemed a violation of
46 22 section 452A.63 as applied to this chapter.
46 23 Sec. 74. Section 453A.1, subsection 4, Code 2016, is amended
46 24 to read as follows:
46 25 4. "Cigarette" means any roll for smoking made wholly or in
46 26 part of tobacco, or any substitute for tobacco, irrespective of
46 27 size or shape and irrespective of tobacco or any substitute for
46 28 tobacco being flavored, adulterated, or mixed with any other
46 29 ingredient, where such roll has a wrapper or cover made of
46 30 paper or any other material. Provided the definition herein
46 31 However, "cigarette" shall not be construed to include cigars.
46 32 Sec. 75. Section 455B.133B, subsection 4, paragraph c,
46 33 subparagraph (2), Code 2016, is amended to read as follows:
46 34 (2) A person invited to attend a stakeholder meeting is not
46 35 entitled to receive a per diem as specified in section 7E.6
47 1 and shall not be not reimbursed for expenses incurred while
47 2 attending the meeting.
47 3 Sec. 76. Section 455B.133C, subsection 4, paragraph c,
47 4 subparagraph (2), Code 2016, is amended to read as follows:
47 5 (2) A person invited to attend a stakeholder meeting is not
47 6 entitled to receive a per diem as specified in section 7E.6
47 7 and shall not be not reimbursed for expenses incurred while
47 8 attending the meeting.
47 9 Sec. 77. Section 455B.183, subsection 2, paragraph a, Code
47 10 2016, is amended to read as follows:
47 11 a. The submitted plans and specifications are in substantial
47 12 compliance with departmental rules and the Iowa Standards
47 13 standards for Sewer Systems sewer systems and the Iowa
47 14 Standards standards for Water Supply Distribution Systems water
47 15 supply distribution systems.
47 16 Sec. 78. Section 455B.187, Code 2016, is amended to read as
47 17 follows:
47 18 455B.187 Water well construction.
47 19 1. A contractor shall not engage in well construction
47 20 or reconstruction without first being certified as required
47 21 in this part and department rules adopted pursuant to this
47 22 part. Water wells shall not be constructed, reconstructed,
47 23 or abandoned by a person except as provided in this part or
47 24 rules adopted pursuant to this part. Within thirty days after
47 25 construction or reconstruction of a well, a contractor shall
47 26 provide well information required by rule to the department and
47 27 the Iowa geological survey.
47 28 2. A landowner or the landowner's agent shall not drill
47 29 for or construct a new water well without first obtaining a
47 30 permit for this activity from the department. The department
47 31 shall not issue a permit to any person for this activity unless
47 32 the person first registers with the department all wells,
47 33 including abandoned wells, on the property. The department
47 34 may delegate the authority to issue a permit to a county board
47 35 of supervisors or the board's designee. In the event of such
48 1 delegation, the department shall retain concurrent authority.
48 2 The commission shall adopt rules pursuant to chapter 17A to
48 3 implement this paragraph subsection.
48 4 3. The director may charge a fee for permits issued pursuant
48 5 to this section. All fees collected pursuant to this section
48 6 shall be deposited into the private water supply system account
48 7 within the water quality protection fund created in section
48 8 455B.183A.
48 9 4. Notwithstanding the provisions of this section, a county
48 10 board of supervisors or the board's designee may grant an
48 11 exemption from the permit requirements to a landowner or the
48 12 landowner's agent if an emergency drilling is necessary to meet
48 13 an immediate need for water. The exemption shall be effective
48 14 immediately upon approval of the county board of supervisors or
48 15 the board's designee. The board of supervisors or the board's
48 16 designee shall notify the director within thirty days of the
48 17 granting of an exemption.
48 18 5. In the case of property owned by a state agency, a person
48 19 shall not drill for or construct a new water well without
48 20 first registering with the department the existence of any
48 21 abandoned wells on the property. The department shall develop
48 22 a prioritized closure program and time frame for the completion
48 23 of the program, and shall adopt rules to implement the program.
48 24 Sec. 79. Section 455B.474, subsection 3, unnumbered
48 25 paragraph 1, Code 2016, is amended to read as follows:
48 26 Standards of performance for new underground storage
48 27 tanks which shall include but are not limited to design,
48 28 construction, installation, release detection, and
48 29 compatibility standards. Until the effective date of the
48 30 standards adopted by the commission and after January 1, 1986,
48 31 a person shall not install an underground storage tank for
48 32 the purpose of storing regulated substances unless the tank
48 33 (whether tank, whether of single or double wall construction)
48 34 construction, meets all the following conditions:
48 35 Sec. 80. Section 460.305, Code 2016, is amended to read as
49 1 follows:
49 2 460.305 Sinkholes ==== conservation easement programs program.
49 3 1. The department shall develop and implement a program for
49 4 the prevention of groundwater contamination through sinkholes.
49 5 The program shall provide for education of landowners and
49 6 encourage responsible chemical and land management practices in
49 7 areas of the state prone to the formation of sinkholes.
49 8 2. The program may provide financial incentives for land
49 9 management practices and the acquisition of conservation
49 10 easements around sinkholes. The program may also provide
49 11 financial assistance for the cleanup of wastes dumped into
49 12 sinkholes.
49 13 3. The program shall be coordinated with the groundwater
49 14 protection programs of the department of natural resources
49 15 and other local, state, or federal government agencies which
49 16 could compensate landowners for resource protection measures.
49 17 The department shall use moneys appropriated for this purpose
49 18 from the agriculture management account of the groundwater
49 19 protection fund created in section 455E.11.
49 20 Sec. 81. Section 468.13, Code 2016, is amended to read as
49 21 follows:
49 22 468.13 Procedure on report ==== classification.
49 23 1. Upon the filing of the report of the engineer
49 24 recommending the establishment of the levee or drainage
49 25 district, the board shall at its first regular, adjourned, or
49 26 special meeting examine and consider the same, and, if the plan
49 27 is not approved the board may employ said the same engineer
49 28 or another disinterested engineer to report another plan or
49 29 make additional examination and surveys and file an additional
49 30 report covering such matters as the board may direct.
49 31 Additional surveys and reports must be made in accordance with
49 32 the provisions of sections 468.11 and 468.12. At any time
49 33 prior to the final adoption of the plans they may be amended,
49 34 and as finally adopted by the board shall be conclusive unless
49 35 the action of the board in finally adopting them shall be
50 1 appealed from as hereinafter provided.
50 2 2. If the petition or other landowners requested a
50 3 classification of the district prior to establishment, the
50 4 board shall order a classification as provided by sections
50 5 468.38 through 468.44 after they have approved the report
50 6 of the engineer as a tentative plan. The notice of hearing
50 7 provided by section 468.14 shall also include the requirements
50 8 of the notice of hearing provided in section 468.45 as to this
50 9 classification, and the hearing on the petition provided in
50 10 section 468.21 shall also include the matters to be heard as
50 11 provided in section 468.46.
50 12 3. If the board establishes the district as provided in
50 13 section 468.22, the classification which is finally approved
50 14 at said the hearing by the board shall remain the basis of
50 15 all future assessments for the purposes of said district as
50 16 provided in section 468.49. The landowners shall have the
50 17 same right of appeal from this classification as they would
50 18 have if the petition had not requested a classification prior
50 19 to establishment and the classification had been made after
50 20 establishment.
50 21 Sec. 82. Section 468.35, subsection 2, Code 2016, is amended
50 22 to read as follows:
50 23 2. A bid shall be in writing, specifying the portion
50 24 of the work upon which the bid is made, and filed with the
50 25 auditor. The bid shall be accompanied with a bid security.
50 26 The bid security shall be in the form of a deposit of cash, a
50 27 certified check on and certified by a bank in Iowa, a certified
50 28 share draft drawn on a credit union in Iowa, or a bid bond
50 29 with a corporate surety satisfactory to the board as provided
50 30 in section 73A.20. The bid security must be payable to the
50 31 auditor or the auditor's order at the auditor's office in a
50 32 sum equal to five percent of the amount of the bid. However,
50 33 if the maximum limit on a bid security would cause a denial
50 34 of funds or services from the federal government which would
50 35 otherwise be available, or if the maximum limit would otherwise
51 1 be inconsistent with the requirements of federal law, the
51 2 maximum limit may be suspended to the extent necessary to
51 3 prevent denial of federal funds or services or to eliminate
51 4 the inconsistency with federal requirements. The cash, check,
51 5 or share draft of an unsuccessful bidder shall be returned,
51 6 and the bid bond of an unsuccessful bidder shall be canceled.
51 7 The bid security of a successful bidder shall be maintained
51 8 as a guarantee that the bidder will enter into a contract in
51 9 accordance with the bids.
51 10 Sec. 83. Section 468.103, Code 2016, is amended to read as
51 11 follows:
51 12 468.103 Final settlement ==== claims for damages.
51 13 1. If it the board finds the work under any contract has
51 14 been completed and accepted, the board shall compute the
51 15 balance due, and if there are no liens on file against such
51 16 balance, it shall enter of record an order directing the
51 17 auditor to draw a warrant in favor of said the contractor upon
51 18 the levee or drainage fund of said the district or give the
51 19 contractor an order directing the county treasurer to deliver
51 20 to the contractor improvement certificates or drainage bonds,
51 21 as the case may be, for such balance found to be due, but
51 22 such warrants, improvement certificates or bonds shall not be
51 23 delivered to the contractor until the expiration of thirty days
51 24 after the acceptance of the work.
51 25 2. If any claims for damages have been filed as provided
51 26 in section 468.102, the board shall review said claims and
51 27 determine said the claims. If the determination by the board
51 28 on any claim for damages results in a finding by the board
51 29 that the damages resulting to the claimant were due to the
51 30 negligence of the contractor, then the board shall provide for
51 31 payment of said the claim out of the remaining funds owing to
51 32 the contractor. If the determination by the board results
51 33 in a finding that the damages resulting to the claimant were
51 34 not due to the negligence of the contractor, but resulted from
51 35 unavoidable necessity in the performance of the contract, then
52 1 the board shall allow for payment of said the claim in the
52 2 amount fixed by the board out of the funds in said the drainage
52 3 district.
52 4 Sec. 84. Section 475A.6, Code 2016, is amended to read as
52 5 follows:
52 6 475A.6 Certification of expenses to utilities division.
52 7 1. a. The consumer advocate shall determine the advocate's
52 8 expenses, including a reasonable allocation of general office
52 9 expenses, directly attributable to the performance of the
52 10 advocate's duties involving specific persons subject to direct
52 11 assessment, and shall certify the expenses to the utilities
52 12 division not less than quarterly. The expenses shall then be
52 13 includable in the expenses of the division subject to direct
52 14 assessment under section 476.10.
52 15 b. The consumer advocate shall annually, within ninety days
52 16 after the close of each fiscal year, determine the advocate's
52 17 expenses, including a reasonable allocation of general office
52 18 expenses, attributable to the performance of the advocate's
52 19 duties generally, and shall certify the expenses to the
52 20 utilities division. The expenses shall then be includable in
52 21 the expenses of the division subject to remainder assessment
52 22 under section 476.10.
52 23 2. The consumer advocate is entitled to notice and
52 24 opportunity to be heard in any utilities board proceeding
52 25 on objection to an assessment for expenses certified by the
52 26 consumer advocate. Expenses assessed under this section shall
52 27 not exceed the amount appropriated for the consumer advocate
52 28 division of the department of justice.
52 29 3. The office of consumer advocate may expend additional
52 30 funds, including funds for outside consultants, if those
52 31 additional expenditures are actual expenses which exceed
52 32 the funds budgeted for the performance of the advocate's
52 33 duties. Before the office expends or encumbers an amount in
52 34 excess of the funds budgeted, the director of the department
52 35 of management shall approve the expenditure or encumbrance.
53 1 Before approval is given, the director of the department of
53 2 management shall determine that the expenses exceed the funds
53 3 budgeted by the general assembly to the office of consumer
53 4 advocate and that the office does not have other funds from
53 5 which such expenses can be paid. Upon approval of the director
53 6 of the department of management, the office may expend and
53 7 encumber funds for excess expenses. The amounts necessary
53 8 to fund the excess expenses shall be collected from those
53 9 utilities or persons which caused the excess expenditures,
53 10 and the collections shall be treated as repayment receipts as
53 11 defined in section 8.2, subsection 8.
53 12 Sec. 85. Section 476B.6, subsection 5, paragraph d, Code
53 13 2016, is amended to read as follows:
53 14 d. If the tax credit application is filed by a partnership,
53 15 limited liability company, S corporation, estate, trust, or
53 16 other reporting entity, all of whose the income of which is
53 17 taxed directly to its equity holders or beneficiaries for the
53 18 taxes imposed under chapter 422, division V, or under chapter
53 19 423, 432, or 437A, the tax credit certificate shall be issued
53 20 directly to the partnership, limited liability company, S
53 21 corporation, estate, trust, or other reporting entity.
53 22 Sec. 86. Section 476C.4, subsection 4, paragraph d, Code
53 23 2016, is amended to read as follows:
53 24 d. If the tax credit application is filed by a partnership,
53 25 limited liability company, S corporation, estate, trust, or
53 26 other reporting entity, all of whose the income of which is
53 27 taxed directly to its equity holders or beneficiaries for the
53 28 taxes imposed under chapter 422, division V, or under chapter
53 29 423, 432, or 437A, the tax credit certificate shall be issued
53 30 directly to the partnership, limited liability company, S
53 31 corporation, estate, trust, or other reporting entity.
53 32 Sec. 87. Section 478.14, Code 2016, is amended to read as
53 33 follows:
53 34 478.14 Service furnished.
53 35 1. Any city which owns or operates a system for the
54 1 distribution of electric light or power, and which has obtained
54 2 electric energy for such distribution from any person or firm
54 3 or corporation owning or operating an electric light and power
54 4 plant or transmission line, shall be entitled to have the
54 5 service reasonably needed by such municipality and its patrons
54 6 continued at and for a reasonable rate and charge and under
54 7 reasonable rules of service.
54 8 2. It shall be unlawful for the owner or operator of such
54 9 the light and power plant or transmission line to disconnect
54 10 or discontinue such service (except service, except during
54 11 nonpayment of reasonable charges) charges, so long as such the
54 12 operator holds or enjoys any franchise to go upon or use any
54 13 public streets, highways, or grounds.
54 14 3. Until the municipality and the operator shall agree upon
54 15 a rate or charge for such the service the municipality shall
54 16 pay and the operator shall accept the rate provided in the
54 17 expired contract if any existed, and, if none existed, then the
54 18 rate before paid. This shall be without prejudice, however,
54 19 to the right of either party to test in court or before any
54 20 lawfully constituted rate=making tribunal the reasonableness
54 21 of such the rate.
54 22 4. This section shall not apply if the original service
54 23 to the municipality was given in case of emergency or for any
54 24 other temporary purpose.
54 25 Sec. 88. Section 481A.22, subsection 4, Code 2016, is
54 26 amended to read as follows:
54 27 4. It is unlawful for any person to hold, conduct, or to
54 28 participate in a field or retriever trial before the permit
54 29 required by this section has been secured or for any person to
54 30 possess or remove from the trial grounds any birds which have
54 31 not been tagged as required in this section required.
54 32 Sec. 89. Section 508.37, subsection 6, paragraph d, Code
54 33 2016, is amended to read as follows:
54 34 d. (1) All adjusted premiums and present values referred
54 35 to in this section shall for policies of ordinary insurance
55 1 be calculated on the basis of the Commissioners 1958 Standard
55 2 Ordinary Mortality Table commissioners 1958 standard ordinary
55 3 mortality table, provided that for any category of ordinary
55 4 insurance issued on female risks, adjusted premiums and present
55 5 values may be calculated according to an age not more than
55 6 six years younger than the actual age of the insured. The
55 7 calculations for all policies of industrial insurance issued
55 8 before January 1, 1968, shall be made on the basis of the
55 9 1941 Standard Industrial Mortality Table standard industrial
55 10 mortality table, except that a company may file with the
55 11 commissioner a written notice of its election that the adjusted
55 12 premiums and present values shall be calculated on the basis
55 13 of the Commissioners 1961 Standard Industrial Mortality Table
55 14 commissioners 1961 standard industrial mortality table, after
55 15 a specified date before January 1, 1968. Whether or not
55 16 any election has been made, the Commissioners 1961 Standard
55 17 Industrial Mortality Table commissioners 1961 standard
55 18 industrial mortality table shall be the basis for these
55 19 calculations as to all policies of industrial insurance issued
55 20 on or after January 1, 1968. All calculations shall be made
55 21 on the basis of the rate of interest specified in the policy
55 22 for calculating cash surrender values and paid=up nonforfeiture
55 23 benefits, provided that the rate of interest shall not exceed
55 24 three and one=half percent per annum, except that a rate of
55 25 interest not exceeding four percent per annum may be used for
55 26 policies issued on or after July 1, 1974, and prior to January
55 27 1, 1980, and a rate of interest not exceeding five and one=half
55 28 percent per annum may be used for policies issued on or after
55 29 January 1, 1980.
55 30 (2) However, in calculating the present value under
55 31 subparagraph (1) of any paid=up term insurance with
55 32 accompanying pure endowment, if any, offered as a nonforfeiture
55 33 benefit, the rates of mortality assumed in the case of policies
55 34 of ordinary insurance, may be not more than those shown in the
55 35 Commissioners 1958 Extended Term Insurance Table commissioners
56 1 1958 extended term insurance table, and in the case of policies
56 2 of industrial insurance, may be not more than one hundred
56 3 thirty percent of the rates of mortality according to the
56 4 1941 Standard Industrial Mortality Table standard industrial
56 5 mortality table, except that when the Commissioners 1961
56 6 Standard Industrial Mortality Table commissioners 1961 standard
56 7 industrial mortality table becomes applicable as specified in
56 8 this paragraph, the rates of mortality assumed may be not more
56 9 than those shown in the Commissioners 1961 Industrial Extended
56 10 Term Insurance Table commissioners 1961 industrial extended
56 11 term insurance table. In addition, for insurance issued on
56 12 a substandard basis, the calculation under subparagraph (1)
56 13 of adjusted premiums and present values may be based on any
56 14 other table of mortality that is specified by the company and
56 15 approved by the commissioner.
56 16 Sec. 90. Section 508.37, subsection 7, paragraph h,
56 17 unnumbered paragraph 1, Code 2016, is amended to read as
56 18 follows:
56 19 Adjusted premiums and present values referred to in this
56 20 section shall for all policies of ordinary insurance be
56 21 calculated on the basis of either the Commissioners 1980
56 22 Standard Ordinary Mortality Table commissioners 1980 standard
56 23 ordinary mortality table or, at the election of the company
56 24 for any one or more specified plans of life insurance, the
56 25 Commissioners 1980 Standard Ordinary Mortality Table with
56 26 Ten=Year Select Mortality Factors commissioners 1980 standard
56 27 ordinary mortality table with ten=year select mortality
56 28 factors; shall for all policies of industrial insurance be
56 29 calculated on the basis of the Commissioners 1961 Standard
56 30 Industrial Mortality Table commissioners 1961 standard
56 31 industrial mortality table; and shall for all policies issued
56 32 in a particular calendar year be calculated on the basis of a
56 33 rate of interest not exceeding the nonforfeiture interest rate
56 34 as defined in paragraph "i" for policies issued in that calendar
56 35 year. However:
57 1 Sec. 91. Section 508.37, subsection 7, paragraph h,
57 2 subparagraphs (4), (6), (7), (8), and (9), Code 2016, are
57 3 amended to read as follows:
57 4 (4) In calculating the present value of any paid=up term
57 5 insurance with accompanying pure endowment, if any, offered as
57 6 a nonforfeiture benefit, the rates of mortality assumed may be
57 7 not more than those shown in the Commissioners 1980 Extended
57 8 Term Insurance Table commissioners 1980 extended term insurance
57 9 table for policies of ordinary insurance and not more than the
57 10 Commissioners 1961 Industrial Extended Term Insurance Table
57 11 commissioners 1961 industrial extended term insurance table for
57 12 policies of industrial insurance.
57 13 (6) For policies issued prior to the operative date of
57 14 the valuation manual, any commissioners standard ordinary
57 15 mortality tables adopted after 1980 by the national association
57 16 of insurance commissioners and approved by rule adopted by the
57 17 commissioner for use in determining the minimum nonforfeiture
57 18 standard may be substituted for the Commissioners 1980
57 19 Standard Ordinary Mortality Table with or without Ten=Year
57 20 Select Mortality Factors commissioners 1980 standard ordinary
57 21 mortality table with or without ten=year select mortality
57 22 factors or for the Commissioners 1980 Extended Term Insurance
57 23 Table commissioners 1980 extended term insurance table.
57 24 (7) For policies issued on or after the operative date of
57 25 the valuation manual, the valuation manual shall provide the
57 26 commissioners standard mortality table for use in determining
57 27 the minimum forfeiture standard that may be substituted for the
57 28 Commissioners 1980 Standard Ordinary Mortality Table with or
57 29 without Ten=Year Select Mortality Factors commissioners 1980
57 30 standard ordinary mortality table with or without ten=year
57 31 select mortality factors or for the Commissioners 1980 Extended
57 32 Term Insurance Table commissioners 1980 extended term insurance
57 33 table. If the commissioner approves by rule the Commissioners
57 34 Standard Ordinary Mortality Table commissioners standard
57 35 ordinary mortality table adopted by the national association
58 1 of insurance commissioners for use in determining the minimum
58 2 nonforfeiture standard for policies or contracts issued on
58 3 or after the operative date of the valuation manual, then
58 4 that minimum nonforfeiture standard supersedes the minimum
58 5 nonforfeiture standard provided by the valuation manual.
58 6 (8) Any industrial mortality tables adopted after 1980
58 7 by the national association of insurance commissioners
58 8 and approved by rule adopted by the commissioner for use
58 9 in determining the minimum nonforfeiture standard may be
58 10 substituted for the Commissioners 1961 Standard Industrial
58 11 Mortality Table commissioners 1961 standard industrial
58 12 mortality table or the Commissioners 1961 Industrial Extended
58 13 Term Insurance Table commissioners 1961 industrial extended
58 14 term insurance table.
58 15 (9) For policies issued on or after the operative date
58 16 of the valuation manual, the valuation manual shall provide
58 17 the Commissioners Standard Mortality Table commissioners
58 18 standard ordinary mortality table for use in determining the
58 19 minimum nonforfeiture standard that may be substituted for
58 20 the Commissioners 1961 Standard Industrial Mortality Table
58 21 commissioners 1961 standard industrial mortality table or
58 22 the Commissioners 1961 Industrial Extended Term Insurance
58 23 Table commissioners 1961 industrial extended term insurance
58 24 table. If the commissioner approves by rule any Commissioners
58 25 Standard Industrial Mortality Table commissioners standard
58 26 industrial mortality table adopted by the national association
58 27 of insurance commissioners for use in determining the minimum
58 28 nonforfeiture standard for policies issued on or after the
58 29 operative date of the valuation manual, then that minimum
58 30 nonforfeiture standard supersedes the minimum nonforfeiture
58 31 standard provided by the valuation manual.
58 32 Sec. 92. Section 508.38, subsection 3, paragraph a,
58 33 subparagraph (1), unnumbered paragraph 1, Code 2016, is amended
58 34 to read as follows:
58 35 The minimum nonforfeiture amount at any time at or prior to
59 1 the commencement of any annuity payments shall be equal to an
59 2 accumulation up to such time at rates of interest as indicated
59 3 in paragraph "b" of the net considerations (as considerations,
59 4 as hereinafter defined) defined, paid prior to such time,
59 5 decreased by the sum of all of the following:
59 6 Sec. 93. Section 509.19, subsection 2, paragraph e, Code
59 7 2016, is amended to read as follows:
59 8 e. A multiple employer welfare arrangement, as defined in
59 9 section 3 of the federal Employee Retirement Income Security
59 10 Act of 1974, 29 U.S.C. {1002, paragraph 40 (40), that meets the
59 11 requirements of section 507A.4, subsection 9, paragraph "a".
59 12 Sec. 94. Section 511.34, Code 2016, is amended to read as
59 13 follows:
59 14 511.34 Failure to attach ==== defenses ==== estoppel.
59 15 The omission so to do shall not render the policy invalid,
59 16 but if any company or association neglects to comply with the
59 17 requirements of section 511.33, it the company or association
59 18 shall forever be precluded from pleading, alleging, or proving
59 19 such application or representations, or any part thereof, or
59 20 the falsity thereof, or any part thereof, in any action upon
59 21 such the policy, and the plaintiff in any such action shall
59 22 not be required, in order to recover against such the company
59 23 or association, either to plead or prove such application or
59 24 representation, but may do so at the plaintiff's option.
59 25 Sec. 95. Section 514C.27, subsection 5, Code 2016, is
59 26 amended to read as follows:
59 27 5. This section shall not apply to accident only
59 28 accident=only, specified disease, short=term hospital or
59 29 medical, hospital confinement indemnity, credit, dental,
59 30 vision, Medicare supplement, long=term care, basic hospital
59 31 and medical=surgical expense coverage as defined by the
59 32 commissioner, disability income insurance coverage, coverage
59 33 issued as a supplement to liability insurance, workers'
59 34 compensation or similar insurance, or automobile medical
59 35 payment insurance, or individual accident and sickness policies
60 1 issued to individuals or to individual members of a member
60 2 association.
60 3 Sec. 96. Section 514J.107, subsection 3, paragraph b, Code
60 4 2016, is amended to read as follows:
60 5 b. The health care service that is the subject of the
60 6 adverse determination or of the final adverse determination,
60 7 determination is a covered service under the covered person's
60 8 health benefit plan, but for a determination by the health
60 9 carrier that the health care service is not covered because it
60 10 does not meet the health carrier's requirements for medical
60 11 necessity, appropriateness, health care setting, level of care,
60 12 or effectiveness.
60 13 Sec. 97. Section 515.63, Code 2016, is amended to read as
60 14 follows:
60 15 515.63 Annual statement.
60 16 The president or the vice president and secretary of each
60 17 company organized or authorized to do business in the state
60 18 shall annually on or before the first day of March of each year
60 19 prepare under oath and file with the commissioner of insurance
60 20 or a depository designated by the commissioner a full, true,
60 21 and complete statement of the condition of such company on
60 22 the last day of the preceding year, which shall exhibit the
60 23 following items and facts:
60 24 1. First ==== The amount of capital stock of the company.
60 25 2. Second ==== The names of the officers.
60 26 3. Third ==== The name of the company and where located.
60 27 4. Fourth ==== The amount of its capital stock paid up.
60 28 5. Fifth ==== The property or assets held by the company,
60 29 specifying:
60 30 a. The value of real estate owned by the company.
60 31 b. The amount of cash on hand and deposited in banks to the
60 32 credit of the company, and in what bank deposited.
60 33 c. The amount of cash in the hands of agents and in the
60 34 course of transmission.
60 35 d. The amount of loans secured by first mortgage on real
61 1 estate, with the rate of interest thereon.
61 2 e. The amount of all other bonds and loans and how secured,
61 3 with the rate of interest thereon.
61 4 f. The amount due the company on which judgment has been
61 5 obtained.
61 6 g. The amount of bonds of the state, of the United States,
61 7 of any county or municipal corporation of the state, and of any
61 8 other bonds owned by the company, specifying the amount and
61 9 number thereof, and par and market value of each kind.
61 10 h. The amount of bonds, stock, and other evidences of
61 11 indebtedness held by such company as collateral security for
61 12 loans, with amount loaned on each kind, and its par and market
61 13 value.
61 14 i. The amount of assessments on stock and premium notes,
61 15 paid and unpaid.
61 16 j. The amount of interest actually due and unpaid.
61 17 k. All other securities and their value.
61 18 l. The amount for which premium notes have been given on
61 19 which policies have been issued.
61 20 6. Sixth ==== Liabilities of such company, specifying:
61 21 a. Losses adjusted and due.
61 22 b. Losses adjusted and not due.
61 23 c. Losses unadjusted.
61 24 d. Losses in suspense and the cause thereof.
61 25 e. Losses resisted and in litigation.
61 26 f. Dividends in scrip or cash, specifying the amount of
61 27 each, declared but not due.
61 28 g. Dividends declared and due.
61 29 h. The amount required to reinsure all outstanding risks on
61 30 the basis of the unearned premium reserve as required by law.
61 31 i. The amount due banks or other creditors.
61 32 j. The amount of money borrowed and the security therefor.
61 33 k. All other claims against the company.
61 34 7. Seventh ==== The income of the company during the previous
61 35 year, specifying:
62 1 a. The amount received for premiums, exclusive of premium
62 2 notes.
62 3 b. The amount of premium notes received.
62 4 c. The amount received for interest.
62 5 d. The amount received for assessments or calls on stock
62 6 notes, or premium notes.
62 7 e. The amount received from all other sources.
62 8 8. Eighth ==== The expenditures during the preceding year,
62 9 specifying:
62 10 a. The amount of losses paid during said term, stating how
62 11 much of the same accrued prior, and how much subsequent, to the
62 12 date of the preceding statement, and the amount at which such
62 13 losses were estimated in such statement.
62 14 b. The amount paid for dividends.
62 15 c. The amount paid for commissions, salaries, expenses, and
62 16 other charges of agents, clerks, and other employees.
62 17 d. The amount paid for salaries, fees, and other charges of
62 18 officers and directors.
62 19 e. The amount paid for local, state, national and other
62 20 taxes and duties.
62 21 f. The amount paid for all other expenses, including
62 22 printing, stationery, rents, furniture, or otherwise.
62 23 9. Ninth ==== The largest amount insured in any one risk.
62 24 10. Tenth ==== The amount of risks written during the year
62 25 then ending.
62 26 11. Eleventh ==== The amount of risks in force having less
62 27 than one year to run.
62 28 12. Twelfth ==== The amount of risks in force having more than
62 29 one and not over three years to run.
62 30 13. Thirteenth ==== The amount of risks having more than three
62 31 years to run.
62 32 14. Fourteenth ==== The dividends, if any, declared on
62 33 premiums received for risks not terminated.
62 34 15. Fifteenth ==== All other information as required by
62 35 the national association of insurance commissioners' annual
63 1 statement blank. The annual statement blank shall be prepared
63 2 in accordance with instructions prescribed by the commissioner.
63 3 All financial information reflected in the annual report
63 4 shall be kept and prepared in accordance with accounting
63 5 practices and procedures prescribed by the commissioner. The
63 6 commissioner may adopt by reference the annual statement
63 7 handbook and the accounting practices and procedures manual of
63 8 the national association of insurance commissioners.
63 9 Sec. 98. Section 515.134, Code 2016, is amended to read as
63 10 follows:
63 11 515.134 Failure to attach ==== effect.
63 12 The omission so to do shall not render the policy invalid,
63 13 but if any company or association neglects to comply with the
63 14 requirements of section 515.133 it, the company or association
63 15 shall forever be precluded from pleading, alleging, or proving
63 16 any such application or representations, or any part thereof,
63 17 or falsity thereof, or any parts thereof, in any action upon
63 18 such the policy, and the plaintiff in any such action shall
63 19 not be required, in order to recover against such the company
63 20 or association, either to plead or prove such application or
63 21 representation, but may do so at the plaintiff's option.
63 22 Sec. 99. Section 524.103, subsection 23, Code 2016, is
63 23 amended to read as follows:
63 24 23. "Fiduciary" means an executor, administrator, guardian,
63 25 conservator, receiver, trustee, or one acting in a similar
63 26 capacity.
63 27 Sec. 100. Section 524.215, subsection 1, Code 2016, is
63 28 amended to read as follows:
63 29 1. All records of the division of banking shall be public
63 30 records subject to the provisions of chapter 22, except that
63 31 all papers, documents, reports, reports of examinations,
63 32 and other writings relating specifically to the supervision
63 33 and regulation of any state bank or other person by the
63 34 superintendent pursuant to the laws of this state shall not be
63 35 public records and shall not be open for examination or copying
64 1 by the public or for examination or publication by the news
64 2 media.
64 3 Sec. 101. Section 524.911, Code 2016, is amended to read as
64 4 follows:
64 5 524.911 Letters of credit.
64 6 A state bank shall have the power to issue, advise, and
64 7 confirm letters of credit authorizing a beneficiary thereof
64 8 to draw on or demand payment of the state bank or its
64 9 correspondent banks.
64 10 Sec. 102. Section 524.1002, subsection 4, Code 2016, is
64 11 amended to read as follows:
64 12 4. A state bank shall not make a loan or extension of
64 13 credit of any funds held as fiduciary, directly or indirectly,
64 14 to or for the benefit of a director, officer, or employee of
64 15 the state bank or of an affiliate, a partnership or other
64 16 unincorporated association of which such director, officer,
64 17 or employee is a partner or member, or a corporation in which
64 18 such officer, director, or employee has a controlling interest,
64 19 except a loan specifically authorized by the terms upon which
64 20 the state bank was designated as fiduciary.
64 21 Sec. 103. Section 524.1805, subsection 6, Code 2016, is
64 22 amended to read as follows:
64 23 6. An out=of=state bank or out=of=state bank holding
64 24 company that is organized under laws other than those of this
64 25 state is subject to and shall comply with the provisions of
64 26 chapter 490, division XV, relating to foreign corporations, and
64 27 shall immediately provide the superintendent of banking with a
64 28 copy of each filing submitted to the secretary of state under
64 29 that chapter 490, division XV.
64 30 Sec. 104. Section 535.12, subsections 1 and 4, Code 2016,
64 31 are amended to read as follows:
64 32 1. An agricultural credit corporation, as defined in
64 33 subsection 4, may lend money pursuant to a written promissory
64 34 note or other writing evidencing the loan obligation, at a rate
64 35 of interest which is not more than four percentage points above
65 1 the lending rate in effect at the farm credit bank of Omaha,
65 2 Nebraska, for the month during which the writing evidencing
65 3 the loan obligation is made, provided that the loan is for an
65 4 agricultural production purpose as defined in subsection 5 and
65 5 further provided that the loan would, but for this section, be
65 6 subject to the maximum rate of interest prescribed by section
65 7 535.2, subsection 3, paragraph "a".
65 8 4. As used in this section,:
65 9 a. "agricultural "Agricultural credit corporation" means
65 10 a corporation which has been designated by the farm credit
65 11 bank of Omaha, Nebraska, as an agricultural credit corporation
65 12 eligible to sell or discount loans to that bank pursuant to 12
65 13 U.S.C. {2075.
65 14 b. "Agricultural production purpose" means a purpose related
65 15 to the production of agricultural products.
65 16 c. "Agricultural products" includes agricultural,
65 17 horticultural, viticultural, and dairy products, livestock,
65 18 wildlife, poultry, bees, forest products thereof, and any and
65 19 all products produced on farms.
65 20 Sec. 105. Section 535.12, subsection 5, Code 2016, is
65 21 amended by striking the subsection.
65 22 Sec. 106. Section 536.26, Code 2016, is amended to read as
65 23 follows:
65 24 536.26 Insured loans.
65 25 1. A licensee shall not, directly or indirectly, sell or
65 26 offer for sale any life or accident and health insurance in
65 27 connection with a loan made under this chapter except as and
65 28 to the extent authorized by this section. Life, accident and
65 29 health insurance, or any of them, may be written by a licensed
65 30 insurance producer upon or in connection with any loan for a
65 31 term not extending beyond the final maturity date of the loan
65 32 contract, but only upon one obligor on any one loan contract.
65 33 2. The amount of life insurance shall at no time exceed
65 34 the unpaid balance of principal and interest combined which
65 35 are scheduled to be outstanding under the terms of the loan
66 1 contract or the actual amount unpaid on the loan contract,
66 2 whichever is greater.
66 3 3. Accident and health insurance shall provide benefits
66 4 not in excess of the unpaid balance of principal and interest
66 5 combined which are scheduled to be outstanding under the terms
66 6 of the loan contract and the amount of each periodic benefit
66 7 payment shall not exceed the total amount payable divided
66 8 by the number of installments and shall provide that if the
66 9 insured obligor is disabled, as defined in the policy, for a
66 10 period of more than fourteen days, benefits shall commence as
66 11 of the first day of disability.
66 12 4. The premium, which shall be the only charge for such the
66 13 insurance, shall not exceed that approved by the commissioner
66 14 of insurance of the state of Iowa as filed in the office of such
66 15 commissioner. Such charge, computed at the time the loan is
66 16 made for the full term of the loan contract on the total amount
66 17 required to pay principal and interest.
66 18 5. If a borrower procures insurance by or through a
66 19 licensee, the licensee shall cause to be delivered to the
66 20 borrower a copy of the policy within fifteen days from the date
66 21 such insurance is procured. No licensee shall decline new or
66 22 existing insurance which meets the standards set out herein nor
66 23 prevent any obligor from obtaining such insurance coverage from
66 24 other sources.
66 25 6. If the loan contract is prepaid in full by cash, a new
66 26 loan, or otherwise (except otherwise, except by the insurance)
66 27 insurance, any life, accident, and health insurance procured
66 28 by or through a licensee shall be canceled and the unearned
66 29 premium shall be refunded. The amount of such the refund shall
66 30 represent at least as great a proportion of the insurance
66 31 premium or identifiable charge as the sum of the consecutive
66 32 monthly balances of principal and interest of the loan contract
66 33 originally scheduled to be outstanding after the installment
66 34 date nearest the date of prepayment bears to the sum of all
66 35 such monthly balances of the loan contract originally scheduled
67 1 to be outstanding.
67 2 Sec. 107. Section 554.2602, subsection 3, Code 2016, is
67 3 amended to read as follows:
67 4 3. The seller's rights with respect to goods wrongfully
67 5 rejected are governed by the provisions of this Article on
67 6 Seller's seller's remedies in general (section 554.2703).
67 7 Sec. 108. Section 600B.22, Code 2016, is amended to read as
67 8 follows:
67 9 600B.22 Death of defendant.
67 10 In case of the death of the defendant the action may be
67 11 prosecuted against the personal representative of the deceased
67 12 with like effects as if he the defendant were living, subject
67 13 as regards the measure of support to the provision of section
67 14 600B.6.
67 15 Sec. 109. Section 600B.37, Code 2016, is amended to read as
67 16 follows:
67 17 600B.37 Contempt.
67 18 If the father fails to comply with or violates the terms or
67 19 conditions of a support order made pursuant to the provisions
67 20 of this chapter, he the father shall be punished by the court
67 21 in the same manner and to the same extent as is provided by law
67 22 for a contempt of such court in any other suit or proceeding
67 23 cognizable by such court.
67 24 Sec. 110. Section 602.9115, Code 2016, is amended to read
67 25 as follows:
67 26 602.9115 Annuity for survivor of annuitant.
67 27 1. For the purposes of this article, "survivor" means the
67 28 surviving spouse of a person who was a judge, if married to the
67 29 judge for at least one year preceding the judge's death.
67 30 1. 2. The survivor of a judge who was qualified for
67 31 retirement compensation under the system at the time of the
67 32 judge's death, is entitled to receive an annuity of one=half
67 33 of the amount of the annuity the judge was receiving or would
67 34 have been entitled to receive at the time of the judge's death,
67 35 or if the judge died before age sixty=five, then one=half of
68 1 the amount the judge would have been entitled to receive at
68 2 age sixty=five based on the judge's years of service for which
68 3 contributions were made to the system. The annuity shall begin
68 4 on the judge's death or upon the survivor's reaching age sixty,
68 5 whichever is later. However, a survivor less than sixty years
68 6 old may elect to receive a decreased retirement annuity to
68 7 begin on the judge's death by filing a written election with
68 8 the state court administrator. The election is subject to the
68 9 approval of the state court administrator. The amount of the
68 10 decreased retirement annuity shall be the actuarial equivalent
68 11 of the amount of the annuity otherwise payable to the survivor
68 12 under this section.
68 13 2. For the purposes of this article "survivor" means the
68 14 surviving spouse of a person who was a judge, if married to the
68 15 judge for at least one year preceding the judge's death.
68 16 3. If the judge dies leaving a survivor but without
68 17 receiving in annuities an amount equal to the judge's credit,
68 18 the balance shall be credited to the account of the judge's
68 19 survivor, and if the survivor dies without receiving in
68 20 annuities an amount equal to the balance, the amount remaining
68 21 shall be paid to the survivor's legal representatives within
68 22 one year of the survivor's death.
68 23 Sec. 111. Section 614.6, Code 2016, is amended to read as
68 24 follows:
68 25 614.6 Nonresident or unknown defendant.
68 26 1. The period of limitation specified in sections 614.1
68 27 through 614.5 shall be computed omitting any time when:
68 28 1. a. The defendant is a nonresident of the state, or
68 29 2. b. In those cases involving personal injuries or death
68 30 resulting from a felony or indictable misdemeanor, while the
68 31 identity of the defendant is unknown after diligent effort has
68 32 been made to discover it.
68 33 2. The provisions of this section shall be effective January
68 34 1, 1970, and to this extent the provisions are retroactive.
68 35 Sec. 112. Section 636.21, Code 2016, is amended to read as
69 1 follows:
69 2 636.21 Commissioner as process agent.
69 3 It shall be the duty of the commissioner of insurance, upon
69 4 service being made upon the commissioner, to immediately mail
69 5 a copy of such the notice to such the company at their the
69 6 company's principal place of business, and any notice so served
69 7 shall be deemed to be good and sufficient service on any such
69 8 company.
69 9 Sec. 113. Section 657A.12, subsection 2, Code 2016, is
69 10 amended to read as follows:
69 11 2. After filing the petition with the clerk of the district
69 12 court, the governmental entity shall also file the petition
69 13 in the office of the county treasurer. The county treasurer
69 14 shall include a notation of the pendency of the action in the
69 15 county system, as defined in section 445.1, until the judgment
69 16 of the court is satisfied or until the action is dismissed.
69 17 Pursuant to section 446.7, an affected property that is subject
69 18 to a pending action shall not be offered for sale by the county
69 19 treasurer at a tax sale.
69 20 Sec. 114. Section 670.2, Code 2016, is amended to read as
69 21 follows:
69 22 670.2 Liability imposed.
69 23 1. Except as otherwise provided in this chapter, every
69 24 municipality is subject to liability for its torts and those of
69 25 its officers and employees, acting within the scope of their
69 26 employment or duties, whether arising out of a governmental or
69 27 proprietary function.
69 28 2. For the purposes of this chapter, employee "employee"
69 29 includes a person who performs services for a municipality
69 30 whether or not the person is compensated for the services,
69 31 unless the services are performed only as an incident to the
69 32 person's attendance at a municipality function.
69 33 3. A person who performs services for a municipality or
69 34 an agency or subdivision of a municipality and who does not
69 35 receive compensation is not personally liable for a claim
70 1 based upon an act or omission of the person performed in the
70 2 discharge of the person's duties, except for acts or omissions
70 3 which involve intentional misconduct or knowing violation of
70 4 the law, or for a transaction from which the person derives
70 5 an improper personal benefit. For purposes of this section,
70 6 "compensation" does not include payments to reimburse a person
70 7 for expenses.
70 8 Sec. 115. Section 670.9, Code 2016, is amended to read as
70 9 follows:
70 10 670.9 Compromise and settlement.
70 11 The governing body of any municipality may compromise,
70 12 adjust and settle tort claims against the municipality, its
70 13 officers, employees and agents, for damages under sections
70 14 section 670.2 or 670.8 and may appropriate money for the
70 15 payment of amounts agreed upon.
70 16 Sec. 116. Section 724.10, subsection 1, Code 2016, is
70 17 amended to read as follows:
70 18 1. A person shall not be issued a permit to carry weapons
70 19 unless the person has completed and signed an application on
70 20 a form to be prescribed and published by the commissioner of
70 21 public safety. The application shall require only the full
70 22 name, driver's license or nonoperator's identification card
70 23 number, residence, place of birth, and date of birth of the
70 24 applicant, and shall state whether the applicant meets the
70 25 criteria specified in sections 724.8 and 724.9. An applicant
70 26 may provide the applicant's social security number if the
70 27 applicant so chooses. The applicant shall also display an
70 28 identification card that bears a distinguishing number assigned
70 29 to the cardholder, the full name, date of birth, sex, residence
70 30 address, and a brief description and colored color photograph
70 31 of the cardholder.
70 32 Sec. 117. Section 724.17, Code 2016, is amended to read as
70 33 follows:
70 34 724.17 Application for annual permit to acquire ==== criminal
70 35 history check required.
71 1 The application for an annual permit to acquire pistols
71 2 or revolvers may be made to the sheriff of the county of
71 3 the applicant's residence and shall be on a form prescribed
71 4 and published by the commissioner of public safety. The
71 5 application shall require only the full name of the applicant,
71 6 the driver's license or nonoperator's identification card
71 7 number of the applicant, the residence of the applicant,
71 8 and the date and place of birth of the applicant. The
71 9 applicant shall also display an identification card that
71 10 bears a distinguishing number assigned to the cardholder, the
71 11 full name, date of birth, sex, residence address, and brief
71 12 description and colored color photograph of the cardholder, or
71 13 other identification as specified by rule of the department of
71 14 public safety. The sheriff shall conduct a criminal history
71 15 check concerning each applicant by obtaining criminal history
71 16 data from the department of public safety which shall include
71 17 an inquiry of the national instant criminal background check
71 18 system maintained by the federal bureau of investigation or any
71 19 successor agency. A person who makes what the person knows
71 20 to be a false statement of material fact on an application
71 21 submitted under this section or who submits what the person
71 22 knows to be any materially falsified or forged documentation in
71 23 connection with such an application commits a class "D" felony.
71 24 Sec. 118. Section 724.25, subsection 2, Code 2016, is
71 25 amended to read as follows:
71 26 2. As used in this chapter an "antique firearm" means
71 27 any firearm (including firearm, including any firearm with
71 28 a matchlock, flintlock, percussion cap, or similar type of
71 29 ignition system) system, manufactured in or before 1898. An
71 30 antique firearm also means a replica of a firearm so described
71 31 if the replica is not designed or redesigned for using rimfire
71 32 or conventional centerfire fixed ammunition or if the replica
71 33 uses rimfire or conventional centerfire fixed ammunition which
71 34 is no longer manufactured in the United States and which is not
71 35 readily available in the ordinary channels of commercial trade.
72 1 Sec. 119. Section 903A.2, subsection 1, paragraph a, Code
72 2 2016, is amended to read as follows:
72 3 a. (1) Category "A" sentences are those sentences which are
72 4 not subject to a maximum accumulation of earned time of fifteen
72 5 percent of the total sentence of confinement under section
72 6 902.12. To the extent provided in subsection 5, category "A"
72 7 sentences also include life sentences imposed under section
72 8 902.1. An inmate of an institution under the control of
72 9 the department of corrections who is serving a category "A"
72 10 sentence is eligible for a reduction of sentence equal to
72 11 one and two=tenths days for each day the inmate demonstrates
72 12 good conduct and satisfactorily participates in any program
72 13 or placement status identified by the director to earn the
72 14 reduction. The programs include but are not limited to the
72 15 following:
72 16 (1) (a) Employment in the institution.
72 17 (2) (b) Iowa state industries.
72 18 (3) (c) An employment program established by the director.
72 19 (4) (d) A treatment program established by the director.
72 20 (5) (e) An inmate educational program approved by the
72 21 director.
72 22 (2) However, an inmate required to participate in a
72 23 sex offender treatment program shall not be eligible for a
72 24 reduction of sentence unless the inmate participates in and
72 25 completes a sex offender treatment program established by the
72 26 director.
72 27 (3) An inmate serving a category "A" sentence is eligible
72 28 for an additional reduction of sentence of up to three hundred
72 29 sixty=five days of the full term of the sentence of the inmate
72 30 for exemplary acts. In accordance with section 903A.4, the
72 31 director shall by policy identify what constitutes an exemplary
72 32 act that may warrant an additional reduction of sentence.
72 33 DIVISION II
72 34 CORRESPONDING CHANGES
72 35 Sec. 120. Section 97B.49A, subsection 4, paragraph b, Code
73 1 2016, is amended to read as follows:
73 2 b. For each member employed before January 1, 1976, who
73 3 has qualified for prior service credit in accordance with the
73 4 first paragraph of section 97B.43, subsection 1, a formula
73 5 benefit shall be determined equal to the larger of the benefit
73 6 determined under this paragraph and paragraph "a" of this
73 7 subsection, as applicable, the benefit determined under
73 8 subsection 3, or the benefit determined under section 97B.49G,
73 9 subsection 1. The amount of the monthly formula benefit under
73 10 this paragraph shall be equal to eight=tenths of one percent
73 11 per year of prior service credit multiplied by the monthly
73 12 rate of the member's total remuneration not in excess of three
73 13 thousand dollars annually during the twelve consecutive months
73 14 of the member's prior service for which that total remuneration
73 15 was the highest. An additional three=tenths of one percent
73 16 of the remuneration not in excess of three thousand dollars
73 17 annually shall be payable for prior service during each year
73 18 in which the accrued liability for benefit payments created by
73 19 the abolished system is funded by appropriation from the Iowa
73 20 public employees' retirement fund.
73 21 DIVISION III
73 22 CODE EDITOR DIRECTIVES
73 23 Sec. 121. CODE EDITOR DIRECTIVES
73 24 1. Sections 28A.2, 28A.19, 28A.22, 28A.26, 28E.21, 28E.25,
73 25 103A.1, 103A.54, 103A.56, 103A.57, 189.17, 304A.10, 306C.6,
73 26 306C.7, 306C.9, 306C.14, and 306C.17, Code 2016, are amended by
73 27 striking the word "division" and inserting in lieu thereof the
73 28 word "subchapter".
73 29 2. Sections 28A.3, subsection 1; 28A.4, subsection 1;
73 30 28A.5, subsection 1, paragraph "a"; 28A.7, subsection 1; 28A.9,
73 31 subsection 1; 28A.10, subsection 1, unnumbered paragraph 1 and
73 32 paragraphs "j" and "o"; 28A.10, subsection 2, paragraph "b";
73 33 28A.18, subsection 1, paragraph "a"; 28A.21, subsection 4;
73 34 28E.35, unnumbered paragraph 1; 89B.15, subsection 1; 101.21,
73 35 unnumbered paragraph 1; 101.24, subsection 1, unnumbered
74 1 paragraph 1; 101.24, subsection 1, paragraph "b", subparagraph
74 2 (2); 101.24, subsection 3; 101.24, subsection 4, unnumbered
74 3 paragraph 1; 101.24, subsection 4, paragraph "d", unnumbered
74 4 paragraph 1; 101.25, subsection 1; 101.26, subsections 1, 2, 3,
74 5 and 4; 103A.51, unnumbered paragraph 1; 103A.52, subsection 3;
74 6 161A.42, unnumbered paragraph 1; 237.15, unnumbered paragraph
74 7 1; 304A.8, unnumbered paragraph 1; 306C.1, unnumbered paragraph
74 8 1; 306C.10, unnumbered paragraph 1; 306C.10, subsection 4,
74 9 paragraph "f"; 306C.11, subsection 3, paragraph "a"; 306C.11,
74 10 subsection 5, paragraph "a", subparagraph (2); 306C.13,
74 11 unnumbered paragraph 1; 306C.13, subsection 8, paragraph "f";
74 12 306C.15, unnumbered paragraph 1 and subsection 4; 306C.18,
74 13 subsection 3; and 306C.19, unnumbered paragraph 1, Code 2016,
74 14 are amended by striking the word "division" and inserting in
74 15 lieu thereof the word "subchapter".
74 16 3. The Code editor shall change Code chapter division
74 17 designations to subchapter designations in the following Code
74 18 chapters:
74 19 a. 28A.
74 20 b. 28E.
74 21 c. 89B.
74 22 d. 101.
74 23 e. 103A.
74 24 f. 161A.
74 25 g. 189.
74 26 h. 237.
74 27 i. 304A.
74 28 j. 306C.
74 29 4. The Code editor is directed to number unnumbered
74 30 paragraphs within sections 13C.8, 28F.14, 43.4, 97A.4, 97A.6A,
74 31 161A.6, 161A.10, 161A.20, 183A.7, 183A.9, 190.2, 192.107,
74 32 257.5, 303.22, 303.26, 303.30, 303.66, 331.306, 384.19,
74 33 423B.5, 427.2, 428.4, 452A.58, 455A.8A, 455B.302, 491.112,
74 34 499.3, 499.79, 499.80, 514.5, 598.17, 622.69, 622.105, 633.89,
74 35 633.415, 669.10, 714.5, 804.1, and 804.31, Code 2016, in
75 1 accordance with established Code section hierarchy and correct
75 2 internal references in the Code and in any enacted Iowa Acts,
75 3 as necessary.
75 4 5. The Code editor is directed to letter unnumbered
75 5 paragraphs within sections 80A.17, subsection 1, and 97B.1A,
75 6 subsection 9, Code 2016, in accordance with established Code
75 7 section hierarchy and correct internal references in the Code
75 8 and in any enacted Iowa Acts, as necessary.
75 9 6. The Code editor shall combine the individual repeal
75 10 entries into combined repeal entries for the following repealed
75 11 Code sections:
75 12 a. Sections 554.3120, 554.3121, and 554.3122.
75 13 b. Sections 554.3506, 554.3507, 554.3508, 554.3509,
75 14 554.3510, and 554.3511.
75 15 c. Sections 554.3802, 554.3803, 554.3804, 554.3805, and
75 16 554.3806.
75 17 EXPLANATION
75 18 The inclusion of this explanation does not constitute agreement with
75 19 the explanation's substance by the members of the general assembly.
75 20 This bill makes Code changes and corrections that are
75 21 considered to be nonsubstantive and noncontroversial, in
75 22 addition to style changes. Changes made include updating
75 23 or correcting names of and references to public and private
75 24 entities and documents, corrections to citation form to federal
75 25 Acts and the United States Code, correcting citations to the
75 26 Iowa Acts, correcting terminology, spelling, capitalization,
75 27 punctuation, and grammar, and numbering, renumbering, and
75 28 reorganizing various provisions to eliminate unnumbered
75 29 paragraphs and to facilitate citation. The Code sections in
75 30 which the technical, grammatical, and other nonsubstantive
75 31 changes are made include the following:
75 32 DIVISION I
75 33 Section 8.55: Adds a citation to the Code section in which
75 34 the taxpayer's trust fund is established after a reference to
75 35 that fund by name, to improve hypertext linkage within this
76 1 provision establishing the Iowa economic emergency fund.
76 2 Section 13.15: Numbers unnumbered paragraphs to facilitate
76 3 citation to this provision relating to rules and forms for the
76 4 department of justice's farm assistance program.
76 5 Section 16.92: Strikes the words "Iowa finance" which
76 6 appear before the term "authority" because "authority" is
76 7 defined in Code section 16.1 for purposes of Code chapter 16 to
76 8 mean the Iowa finance authority.
76 9 Section 19B.2: Numbers unnumbered paragraphs and corrects
76 10 internal references to facilitate citation to this provision
76 11 relating to equal opportunity in state employment.
76 12 Section 26.13: Strikes the words "of transportation" which
76 13 appear after the word "department" in this provision related
76 14 to early release of retained funds to contractors working on
76 15 public improvement projects because the term "department"
76 16 is defined in this Code section to mean the department of
76 17 transportation.
76 18 Section 28F.10: Replaces parentheses with commas to
76 19 update the punctuation of this provision relating to refunding
76 20 bonds issued for purposes of calling, retiring, or paying for
76 21 outstanding bonds or to finance certain improvement projects.
76 22 Section 29B.6: Places quotation marks around two terms
76 23 which are defined and numbers unnumbered paragraphs to
76 24 facilitate citation to this provision describing when a person
76 25 may be arrested or confined under the Code chapter relating to
76 26 military justice.
76 27 Section 29C.23: Adds a citation to the Code section in
76 28 which the state interoperable communications system board is
76 29 established after a reference to that board by name, to improve
76 30 hypertext linkage and strikes the word "Iowa" to correct
76 31 the name of the board within this provision describing the
76 32 governance of the Iowa radio interoperability platform.
76 33 Section 39.17: Numbers unnumbered paragraphs to facilitate
76 34 citation, adds a comma to a series to improve grammar, and adds
76 35 the word "each" to conform the internal style of the language
77 1 of this Code section relating to the election of various county
77 2 officers.
77 3 Section 46.6: Replaces parentheses with commas to update
77 4 the punctuation of this provision relating to consideration of
77 5 judges' seniority in the selection of chairpersons for judicial
77 6 nominating commissions.
77 7 Section 80B.14: Rearranges language and replaces "such"
77 8 with "the" to update the style and improve the readability of
77 9 this provision regarding the submission of a budget by the
77 10 Iowa law enforcement academy council to the department of
77 11 management.
77 12 Section 84A.4: Replaces the word "the" with "each" in this
77 13 provision relating to establishment of workforce development
77 14 regional advisory boards to reflect the fact that because
77 15 a regional advisory board is established in each workforce
77 16 development service delivery area, more than just one board
77 17 exists.
77 18 Sections 89B.8 and 89B.12: Replaces "division of the
77 19 chapter" and "division" with "subchapter" to correct internal
77 20 references within these provisions, to correspond with a Code
77 21 editor directive in division III of this bill to convert the
77 22 Code chapter divisions into subchapters, in this Code chapter
77 23 governing the provision of warnings and other information
77 24 regarding hazardous chemicals in the workplace.
77 25 Section 92.5: Separates a sentence describing an exception
77 26 that applies to all of the listed types of work from language
77 27 that describes just one of type of work, and renumbers to
77 28 eliminate the resulting unanchored unnumbered paragraph, in
77 29 this subsection describing occupations in which persons 14 and
77 30 15 years of age may be employed or permitted to work.
77 31 Section 96.7: Adds the words "pursuant to chapter 17A" to
77 32 facilitate hypertext linkage to the Code chapter pursuant to
77 33 which the various rules described in this section pertaining to
77 34 employer unemployment compensation contributions are adopted.
77 35 Section 96.9: Strikes the redundant phrases "of this
78 1 section" and "of this chapter" the latter of which appears
78 2 after a citation to another Code section in Code chapter 96, to
78 3 improve style and to avoid unneeded hypertext linkage in this
78 4 provision establishing the unemployment compensation fund.
78 5 Section 96.14: Adds a terminal comma to a series to improve
78 6 the punctuation in this provision relating to the operation of
78 7 a lien for collection of delinquent unemployment compensation
78 8 contributions owed by a political subdivision or political
78 9 subdivision instrumentality.
78 10 Section 96.19: Strikes a redundant subsection headnote and
78 11 the words "the term" to conform the style of the definition
78 12 of the term "benefit year" to other definitions and removes
78 13 parentheses and adds commas within definitions of the terms
78 14 "employer" and "employment" to update the punctuation within
78 15 this definitional Code section that applies to the Code chapter
78 16 governing unemployment compensation.
78 17 Section 97B.43 and 97B.49A: Numbers unnumbered paragraphs
78 18 and corrects internal references to the former paragraphs to
78 19 facilitate citation to this provision relating to credit for
78 20 prior service in the determination of retirement allowance
78 21 payments under the Iowa public employees' retirement system.
78 22 An internal reference to this Code section as numbered is also
78 23 corrected in Code section 97B.49A in division II of this bill.
78 24 Section 99B.27: Updates and conforms the internal style of
78 25 this provision relating to requirements for lawful conduct of
78 26 card game tournaments by changing two provisions to include
78 27 the word "shall" within language containing descriptions of
78 28 prohibited conduct.
78 29 Sections 135B.7 and 153.15A: Updates the name of the
78 30 postsecondary education program accrediting group formerly
78 31 known as the council on postsecondary accreditation to its
78 32 current name, "the council on higher education accreditation",
78 33 in these two provisions relating to recognition of
78 34 qualifications of certain health care practitioners.
78 35 Section 148E.2: Updates the name of the postsecondary
79 1 education program accrediting group formerly known as the
79 2 national accreditation commission for schools and colleges
79 3 of acupuncture and oriental medicine and an acupuncturist
79 4 certification commission to the current names: the
79 5 accreditation commission for acupuncture and oriental medicine
79 6 and the national certification commission for acupuncture and
79 7 oriental medicine.
79 8 Section 161A.72: Replaces "division" with "subchapter"
79 9 in one instance to distinguish between reference to the Code
79 10 chapter subunit and replaces references to the division of
79 11 soil and water conservation of the department of agriculture
79 12 and land stewardship and to correct the internal reference to
79 13 correspond with a Code editor directive in division III of this
79 14 bill to convert the Code chapter divisions into subchapters, in
79 15 this Code chapter governing soil and water conservation.
79 16 Section 225.24: Adds the word "county" before the words
79 17 "mental health" to correct a reference by name to the county
79 18 mental health and disabilities services fund created in Code
79 19 section 331.424A in this provision relating to the collection
79 20 of expenses for the support of a committed private patient.
79 21 Section 234.39: Redesignates this provision and corrects
79 22 internal references to distinguish language relating to the
79 23 establishment of foster care services support obligations
79 24 from language relating to assignment, collection, and
79 25 characterization of payments made pursuant to an order for
79 26 support.
79 27 Section 252H.2: Replaces a numeric Code chapter
79 28 self=reference with the words "this chapter" to conform
79 29 to current Code citation style in this definition of the
79 30 term "support order" in this Code chapter pertaining to the
79 31 adjustment and modification of child support orders.
79 32 Section 256.3: Moves language and numbers unnumbered
79 33 paragraphs to update the style and facilitate citation to this
79 34 provision establishing the state board of education.
79 35 Sections 257.17 and 279.10: Replaces the phrase "year
80 1 around school" with "year=round school" to improve the usage
80 2 in language describing the schools which are exempt from state
80 3 aid payment reductions for an early school start date and
80 4 in language describing the process established for school
80 5 districts and accredited nonpublic schools seeking to maintain
80 6 a year=round school calendar.
80 7 Section 307.26: Changes certain commas to semicolons
80 8 to improve the punctuation and readability of a provision
80 9 describing the duties of the administrator for modal programs
80 10 within the state department of transportation.
80 11 Section 310.27: Updates the style of language in this
80 12 provision relating to temporary transfers of funds to the
80 13 primary road fund if claims against the fund exceed moneys
80 14 available.
80 15 Section 313.4: Updates the language and punctuation of a
80 16 series relating to the appropriation and uses of the primary
80 17 road fund.
80 18 Sections 321.189, 321.190, 724.10, and 724.17: Replaces
80 19 the word "colored" with "color" before the word "photograph"
80 20 to conform the modifier used to describe non=black=and=white
80 21 photographs in these provisions describing applications
80 22 for nonoperator's identification cards, driver's licenses,
80 23 and weapons permits, as well as the contents of cards,
80 24 licenses, and permits that are issued by the departments of
80 25 transportation and public safety, to other similar language
80 26 throughout the Code.
80 27 Sections 321.215 and 321J.20: Replaces "each section"
80 28 with "this section" and a specific Code section reference
80 29 to facilitate hypertext linkage to language relating to
80 30 requirements applicable to issuance of a temporary restricted
80 31 driver's license.
80 32 Section 321.492: Numbers and letters unnumbered paragraphs
80 33 to facilitate citation to this provision describing peace
80 34 officer authority to stop and inspect motor vehicles.
80 35 Section 321A.1: Updates the style of this definitions
81 1 Code section for the Code chapter relating to motor vehicle
81 2 financial responsibility.
81 3 Section 321A.30: Updates an expression in language
81 4 describing the applicability of the Code chapter relating to
81 5 motor vehicle financial responsibility to rights of secured
81 6 parties or lessors of a motor vehicle.
81 7 Section 331.207: Moves a period to be after quotation marks
81 8 to correct the punctuation of language describing how board
81 9 of supervisors representation plans that are submitted at a
81 10 special election are to be stated.
81 11 Section 357A.2: Adds, in two places, the alphanumeric
81 12 reference "d" after the word "paragraph" to more clearly
81 13 articulate the location of the paragraph describing when a
81 14 city is to provide water service to a rural water district and
81 15 the circumstances that predicate the provision of service by
81 16 a city.
81 17 Section 384.78: Updates the style of a citation to a 1972
81 18 Iowa Act in this provision relating to the levy of special
81 19 assessments and the issuance of certain special assessment
81 20 bonds to conform the citation to the current style for citation
81 21 to Iowa Acts.
81 22 Section 384.84: Adds the words "of this subsection" after a
81 23 reference to paragraph "a" to distinguish the reference from
81 24 references to other paragraphs in other subsections in this
81 25 provision relating to the legal authority of certain entities
81 26 providing utility services within cities.
81 27 Section 384.103: Adds a comma after the word "event" to set
81 28 off a prefatory clause and improve the readability of language
81 29 regarding the circumstances under which the chief officer or
81 30 official of a governing body or a governing body may accept,
81 31 enter into, and make payment under a contract for emergency
81 32 repairs without holding a public hearing and advertising for
81 33 bids.
81 34 Section 403A.3: Adds the word "and" in three places to
81 35 complete three series describing the powers of municipalities
82 1 with respect to municipal housing projects.
82 2 Section 403A.13: Numbers unnumbered paragraphs, replaces
82 3 parentheses with commas, adds a comma to a series to improve
82 4 citation and punctuation, and updates the style of this
82 5 provision relating to form and sale of bonds issued by
82 6 municipalities for municipal housing projects.
82 7 Section 403A.14: Replaces parentheses with a comma and a
82 8 semicolon to update the punctuation and style of this provision
82 9 describing the additional powers possessed by a municipality
82 10 in connection with the issuance of bonds or the incurring of
82 11 obligations under municipal housing project leases.
82 12 Section 403A.16: Replaces parentheses with commas and adds
82 13 a terminal comma to a series to update the punctuation and
82 14 style of this provision relating to powers of municipalities to
82 15 confer upon an obligee certain rights and remedies with respect
82 16 to municipal housing projects.
82 17 Section 403A.17: Replaces parentheses with commas and
82 18 divides a sentence to eliminate a mid=paragraph colon to update
82 19 the punctuation and style of this provision exempting property
82 20 owned or held by a municipality for the purposes of a municipal
82 21 housing project from levy and sale by virtue of an execution.
82 22 Section 403A.18: Eliminates parentheses and adds commas to
82 23 update the punctuation and style of this provision relating
82 24 transfer of possession of or title to a municipal housing
82 25 project by a municipality to the federal government.
82 26 Section 404.5: Numbers unnumbered paragraphs and adds
82 27 a terminal comma to a series to facilitate citation to and
82 28 improve the punctuation of this provision relating to physical
82 29 review and determinations of value of real property as part of
82 30 reviews of applications for property tax exemptions.
82 31 Section 422.7: Redesignates to eliminate unanchored
82 32 unnumbered paragraphs, letters unnumbered paragraphs, and
82 33 corrects internal references to account for the redesignations
82 34 and to facilitate citation to these provisions which describe
82 35 the computation of a taxpayer's net income.
83 1 Section 441.10: Numbers unnumbered paragraphs and corrects
83 2 internal references to facilitate citation to this provision
83 3 regarding the appointment, examination, suspension, and
83 4 discharge of deputy county assessors.
83 5 Section 445.3: Numbers unnumbered paragraphs and corrects
83 6 internal references to facilitate citation to this provision
83 7 regarding legal actions authorized for the collection of
83 8 property taxes.
83 9 Section 452A.10: Numbers and letters paragraphs to
83 10 facilitate citation to these provisions requiring the
83 11 maintaining and disposal of records of transactions relating to
83 12 the importing, withdrawal from storage, sale, or acquisition
83 13 of motor fuel or special fuel.
83 14 Section 452A.57: Replaces parentheses with commas and
83 15 adds a terminal comma to a series in this definition of motor
83 16 vehicle that applies to taxes imposed on motor fuels and
83 17 special fuels.
83 18 Section 452A.66: Numbers unnumbered paragraphs and replaces
83 19 "therein" with a specific Code citation to facilitate citation
83 20 and hypertext linkage in this provision relating to the
83 21 statutes that apply to the imposition of motor fuel and special
83 22 fuel taxes.
83 23 Section 453A.1: Updates the style of an exception to the
83 24 definition of what constitutes a cigarette for purposes of the
83 25 chapter governing imposition of taxes on cigarettes, tobacco,
83 26 and alternative nicotine and vapor products.
83 27 Sections 455B.133B and 455B.133C: Updates the word order
83 28 of two provisions disallowing the reimbursement of expenses
83 29 for attendees of Title V and air quality fees stakeholder
83 30 meetings held by the environmental protection commission of the
83 31 department of natural resources.
83 32 Section 455B.183: Conforms the capitalization of the name
83 33 of a publication to current Code style in this provision
83 34 requiring the securing of a permit prior to constructing,
83 35 installing, or operating a disposal or public water supply
84 1 system.
84 2 Section 455B.187: Numbers unnumbered paragraphs and
84 3 corrects internal references to improve citation to this
84 4 provision relating to water well construction.
84 5 Section 455B.474: Replaces parentheses with commas to
84 6 update the style of this provision relating to the adoption
84 7 of rules pertaining to standards of performance for new
84 8 underground storage tanks used to contain certain regulated
84 9 substances.
84 10 Section 460.305: Corrects a headnote to reflect the
84 11 fact that only one program is regulated, and then numbers
84 12 unnumbered paragraphs and adds a citation to the statute
84 13 establishing the groundwater protection fund, to facilitate
84 14 citation and hypertext linkage to this provision relating to a
84 15 conservation easement program for the prevention of groundwater
84 16 contamination through sinkholes.
84 17 Section 468.13: Numbers unnumbered paragraphs to facilitate
84 18 citation and updates language in this provision relating to
84 19 board of supervisor's procedures upon the filing of a report
84 20 recommending the establishment of a levee or drainage district.
84 21 Section 468.35: Supplies the missing word "a" before the
84 22 word "contract" to improve the grammar of a provision relating
84 23 to bids on construction contracts for improvements within
84 24 drainage or levee districts.
84 25 Section 468.103: Updates the style of language and numbers
84 26 unnumbered paragraphs to improve citation to this provision
84 27 relating to final settlement of claims for work completed and
84 28 damages relating to work performed on a drainage or levee
84 29 district improvement.
84 30 Section 475A.6: Numbers and letters unnumbered paragraphs
84 31 to facilitate citation to this provision relating to
84 32 certification of expenses by the consumer advocate to the
84 33 utilities division of the department of commerce.
84 34 Sections 476B.6 and 476C.4: Conforms the grammar of
84 35 language in provisions describing the types of entities to
85 1 which tax credit certificates are issued directly for purposes
85 2 of receipt of wind energy production and the renewable energy
85 3 tax credits to other similar language elsewhere in each of
85 4 these two Code sections.
85 5 Section 478.14: Numbers unnumbered paragraphs to facilitate
85 6 citation, replaces parentheses with commas, and updates the
85 7 style of language relating to services furnished by electric
85 8 light or power distribution systems owned or operated by a
85 9 city.
85 10 Section 481A.22: Updates language by changing the word
85 11 order in this provision regulating the conduct of field or
85 12 retriever meets or trials.
85 13 Section 508.37: Conforms the capitalization of the names
85 14 of publications to current Code style in this provision
85 15 establishing nonforfeiture benefits standards for life
85 16 insurance policies.
85 17 Section 508.38: Replaces parentheses with commas in
85 18 language describing how certain minimum values of benefits
85 19 available under an annuity contract are to be calculated.
85 20 Section 509.19: Updates the citation form for a United
85 21 States Code citation to a definition of the term "multiple
85 22 employer welfare arrangement" within a definition of the term
85 23 "person issuing a policy or contract providing group health
85 24 benefit coverages".
85 25 Sections 511.34 and 515.134: Replaces "it" with "company or
85 26 association" and "such" with "the" to update the language in
85 27 these provisions relating to the consequences associated with a
85 28 company or association's failure to attach the application or
85 29 representation of an assured which, pursuant to the terms of an
85 30 insurance policy, are made part of the policy.
85 31 Section 514C.27: Corrects the hyphenation of the modifier
85 32 "accident=only" in language excluding certain types of
85 33 insurance policies from the requirements for coverage benefits
85 34 for mental illness and substance abuse treatment.
85 35 Section 514J.107: Strikes a comma to correct the
86 1 punctuation in language describing one of the determinations
86 2 that must be made by a health carrier in a preliminary review
86 3 of a request for external review of a health care coverage
86 4 decision.
86 5 Section 515.63: Strikes redundant ordinal expressions which
86 6 appear after numeric expressions of the same order in this
86 7 listing of items and facts required for an insurer's annual
86 8 statement.
86 9 Section 524.103: Supplies a missing terminal comma within a
86 10 series describing the individuals who are considered to be a
86 11 fiduciary within the meaning of the Code chapter pertaining to
86 12 banking.
86 13 Section 524.215: Supplies a missing terminal comma within a
86 14 series describing the confidentiality of certain records of the
86 15 banking division of the department of commerce.
86 16 Section 524.911: Supplies a missing terminal comma within a
86 17 series describing the powers of a state bank to issue, advise,
86 18 and confirm letters of credit.
86 19 Section 524.1002: Supplies missing terminal commas within
86 20 several series in language placing restrictions on the making
86 21 of certain loans or extensions of credit by state banks.
86 22 Section 524.1805: Replaces "that division" with a numeric
86 23 division reference to the division within the business
86 24 corporations Code chapter referenced in language describing
86 25 requirements that apply to out=of=state banks and bank holding
86 26 companies.
86 27 Section 535.12: Strikes internal references to defined
86 28 terms and combines two subsections to create a single
86 29 alphabetical definitions subsection within this provision
86 30 relating to loans made by agricultural credit corporations.
86 31 Section 536.26: Numbers and letters unnumbered paragraphs
86 32 to facilitate citation, updates language, replaces parentheses
86 33 with commas, and adds a terminal comma to a series in this
86 34 provision relating to insured loans.
86 35 Section 554.2602: Conforms the capitalization of a
87 1 reference by name to another Code section in this provision
87 2 relating to rejection of goods under the uniform commercial
87 3 code to other similar references throughout the Code.
87 4 Section 600B.22: Updates the style to eliminate a gender
87 5 reference in this provision relating to prosecution of deceased
87 6 persons who are named in actions to establish paternity and
87 7 support obligations.
87 8 Section 600B.37: Updates the style to eliminate a gender
87 9 reference in this provision relating to punishment of fathers
87 10 by contempt for failure to comply with or violations of the
87 11 terms or conditions of support orders.
87 12 Section 602.9115: Moves a definition of the term "survivor"
87 13 to the beginning of the Code section and renumbers an
87 14 intervening subsection in this provision relating to annuities
87 15 for survivors of deceased judges under the judicial retirement
87 16 system.
87 17 Section 614.6: Renumbers this Code section relating to
87 18 the statute of limitations applicable to crimes committed by
87 19 nonresidents or unknown defendants to eliminate unanchored
87 20 unnumbered paragraphs.
87 21 Section 636.21: Updates the style of language relating to
87 22 the duty of the commissioner of insurance to mail copies of
87 23 notices to any company to whom the commissioner has issued a
87 24 certificate of authority to transact the business of a surety
87 25 and for whom the commissioner is acting as the agent for
87 26 service of process.
87 27 Section 657A.12: Supplies the missing word "a" before
87 28 the words "tax sale" in language relating to notations to be
87 29 made by the county treasurer in the county system regarding
87 30 petitions for title to abandoned property that have been filed
87 31 by a governmental entity.
87 32 Section 670.2: Numbers unnumbered paragraphs to facilitate
87 33 citation and places quotation marks around a term that is
87 34 defined in this provision relating to the liability of a
87 35 municipality for torts committed by officers or employees of
88 1 the municipality.
88 2 Section 670.9: Corrects the style of a disjunctive string
88 3 citation to conform to current Code style in this provision
88 4 relating to adjustment and settlement of municipal tort claims.
88 5 Section 724.25: Replaces parentheses with commas in
88 6 language defining the meaning of the term "antique firearm" in
88 7 the Code chapter regulating possession and use of weapons.
88 8 Section 903A.2: Redesignates within a paragraph to
88 9 eliminate unanchored unnumbered paragraphs within language
88 10 describing category "A" sentences served by inmates of
88 11 institutions under the control of the department of
88 12 corrections.
88 13 DIVISION II
88 14 This division contains a correction to an internal reference
88 15 to Code section 97B.43, which is redesignated in division I of
88 16 the bill.
88 17 DIVISION III
88 18 This division contains Code editor directives to change the
88 19 word "division" to "subchapter" in various enumerated Code
88 20 sections in the Code and to change the Code chapter division
88 21 designations to subchapter designations within a corresponding
88 22 list of enumerated Code chapters.
88 23 The division also requires the Code editor to number the
88 24 unnumbered paragraphs in various enumerated provisions in
88 25 accordance with established Code section hierarchy and to
88 26 correct internal references as necessary.
88 27 The division also directs the Code editor to combine
88 28 individual repeal entries for several series of repealed
88 29 Code sections within the Code chapter containing the uniform
88 30 commercial code.
LSB 5540SV (2) 86
lh/rj