House File 2423 - Introduced HOUSE FILE 2423 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO HSB 643) A BILL FOR An Act relating to statutory corrections which may adjust 1 language to reflect current practices, insert earlier 2 omissions, delete redundancies and inaccuracies, delete 3 temporary language, resolve inconsistencies and conflicts, 4 update ongoing provisions, or remove ambiguities and 5 providing effective and applicability dates. 6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 7 TLSB 5493HV (2) 85 lh/nh
H.F. 2423 DIVISION I 1 MISCELLANEOUS CHANGES 2 Section 1. Section 2C.16, subsection 3, Code 2014, is 3 amended to read as follows: 4 3. If the ombudsman believes that a law resulted in an 5 administrative action has occurred because of laws of which 6 results are is unfair or otherwise objectionable, the ombudsman 7 shall notify the general assembly concerning desirable 8 statutory change. 9 Sec. 2. Section 6B.4, Code 2014, is amended to read as 10 follows: 11 6B.4 Commission to assess damages. 12 1. Annually the board of supervisors of a county shall 13 appoint not less than twenty-eight residents of the county 14 and the names of such persons shall be placed on a list and 15 they shall be eligible to serve as members of a compensation 16 commission. One-fourth of the persons appointed shall be 17 owner-operators of agricultural property, one-fourth of the 18 persons appointed shall be owners of city property, one-fourth 19 shall be licensed real estate salespersons or real estate 20 brokers, and one-fourth shall be persons having knowledge of 21 property values in the county by reason of their occupation, 22 such as bankers, auctioneers, property managers, property 23 appraisers, and persons responsible for making loans on 24 property. 25 2. a. The chief judge of the judicial district or the chief 26 judge’s designee shall select by lot six persons from the list, 27 two who shall constitute a compensation commission to assess 28 the damages to all property to be taken by the applicant and 29 located in the county, as follows: 30 (1) Two persons who are owner-operators of agricultural 31 property when the property to be condemned is agricultural 32 property ; two . 33 (2) Two persons who are owners of city property when the 34 property to be condemned is other than agricultural property ; 35 -1- LSB 5493HV (2) 85 lh/nh 1/ 98
H.F. 2423 and two . 1 (3) Two persons from each of the remaining two 2 representative groups , who shall constitute a compensation 3 commission to assess the damages to all property to be taken 4 by the applicant and located in the county, and shall name a 5 chairperson from the persons selected . 6 b. The chief judge or the judge’s designee shall name a 7 chairperson from the persons selected and may appoint such 8 alternate members and chairpersons to the commission as are 9 deemed necessary and appropriate under the circumstances. A 10 person shall not be selected as a member or alternate member 11 of the compensation commission if the person possesses any 12 interest in the proceeding which would cause the person to 13 render a biased decision. The applicant shall mail a copy 14 of the list of commissioners and alternates appointed by the 15 chief judge by certified mail to the property owner at the 16 owner’s last known address. The applicant shall also cause 17 the list of commissioners and alternates to be published once 18 in a newspaper of general circulation in the county, not less 19 than four nor more than twenty days before the meeting of 20 the compensation commission to assess the damages. Service 21 of the list of commissioners and alternates by publication 22 shall be deemed complete on the day of publication. In 23 lieu of mailing and publishing the list of commissioners and 24 alternates, the applicant may cause the list to be served upon 25 the owner of the property in the manner provided by the Iowa 26 rules of civil procedure for the personal service of original 27 notice. The list of commissioners and alternates shall be 28 mailed and published or served, as above provided, prior to or 29 contemporaneously with service of the notice of assessment as 30 provided in section 6B.8 . 31 3. Written instructions for members of compensation 32 commissions shall be prepared under the direction of the chief 33 justice of the supreme court and distributed to the sheriff 34 in each county. The sheriff shall transmit copies of the 35 -2- LSB 5493HV (2) 85 lh/nh 2/ 98
H.F. 2423 instructions to each member of a compensation commission, and 1 such instructions shall be read aloud to each commission before 2 it commences its duties. 3 Sec. 3. Section 6B.37, Code 2014, is amended to read as 4 follows: 5 6B.37 Form of record —— certificate. 6 Said The papers described in sections 6B.35 and 6B.36 shall 7 be securely fastened together, arranged in the order named 8 above in those sections , and be accompanied by a certificate 9 of the officer filing the papers that the papers are true and 10 correct copies of the original files in the proceedings and 11 that the statements accompanying the papers are true. 12 Sec. 4. Section 6B.40, Code 2014, is amended to read as 13 follows: 14 6B.40 Failure to record —— liability. 15 Any sheriff, or clerk of the district court, as the case may 16 be, who fails to present said the required papers, statements, 17 and certificate for record, and any recorder who fails to 18 record the same as above provided in section 6B.38 shall be 19 liable for all damages caused by such failure. 20 Sec. 5. Section 7C.12, subsection 2, paragraph a, Code 2014, 21 is amended to read as follows: 22 a. Shall promulgate rules which are necessary or expedient 23 to carry out the intent and purposes of the private activity 24 bond allocation Act this chapter . 25 Sec. 6. Section 9I.3, subsection 3, paragraph d, 26 subparagraphs (5) and (6), Code 2014, are amended to read as 27 follows: 28 (5) Reserved. 29 (6) (5) Effective July 1, 2001, a nonresident alien, 30 foreign business, or foreign government or an agent, trustee, 31 or fiduciary of the alien, business, or government shall 32 not , except as provided in subparagraph (5), acquire or hold 33 agricultural land used for the primary purpose of testing, 34 developing, or producing animals. 35 -3- LSB 5493HV (2) 85 lh/nh 3/ 98
H.F. 2423 Sec. 7. Section 12C.16, subsection 1, paragraph b, 1 subparagraph (1), subparagraph division (d), Code 2014, is 2 amended to read as follows: 3 (d) To the extent of the guarantee, loans, obligations, 4 or nontransferable letters of credit upon which the payment 5 of principal and interest is fully secured or guaranteed by 6 the United States of America or an agency or instrumentality 7 of the United States of America or the United States central 8 credit union , a corporate central credit union organized 9 under section 533.213 , or a corporate credit union whose 10 activities are subject to regulation by the national credit 11 union administration, and the rating of any one of such credit 12 unions remains within the two highest classifications of prime 13 established by at least one of the standard rating services 14 approved by the superintendent of banking by rule pursuant to 15 chapter 17A . The treasurer of state shall adopt rules pursuant 16 to chapter 17A to implement this section . 17 Sec. 8. Section 12C.17, subsection 1, paragraph c, Code 18 2014, is amended to read as follows: 19 c. The securities shall be deposited with the federal 20 reserve bank, the federal home loan bank of Des Moines, Iowa, 21 or the United States central credit union, a corporate central 22 credit union organized under section 533.213 , or a corporate 23 credit union whose activities are subject to regulation by the 24 national credit union administration pursuant to a bailment 25 agreement or a pledge custody agreement. 26 Sec. 9. Section 12C.17, subsection 4, Code 2014, is amended 27 to read as follows: 28 4. Upon written request from the appropriate public 29 officer but not less than monthly, the federal reserve bank, 30 the federal home loan bank of Des Moines, Iowa, the United 31 States central credit union, a corporate central credit union 32 organized under section 533.213 , or a corporate credit union 33 whose activities are subject to regulation by the national 34 credit union administration shall report a description, the 35 -4- LSB 5493HV (2) 85 lh/nh 4/ 98
H.F. 2423 par value, and the market value of any pledged collateral by a 1 credit union. 2 Sec. 10. Section 16.2, subsection 1, unnumbered paragraph 3 1, Code 2014, is amended to read as follows: 4 An Iowa finance authority board of directors is created. The 5 powers of the authority are vested in and shall be exercised by 6 the board. The board authority includes nine members appointed 7 by the governor subject to confirmation by the senate. 8 Sec. 11. Section 16.197, Code 2014, is amended to read as 9 follows: 10 16.197 Limitation of liability. 11 The A member of the authority , a person acting on behalf of 12 the authority while acting within the scope of their employment 13 or agency, or the treasurer of state shall not be subject to 14 personal liability resulting from carrying out the powers and 15 duties of the authority or the treasurer, as applicable, in 16 sections 16.193 through 16.196 . 17 Sec. 12. Section 16.221, subsection 3, paragraph c, Code 18 2014, is amended to read as follows: 19 c. Obtain affordable operating capital , including as 20 provided by section 175.35 . 21 Sec. 13. Section 17A.4, subsection 3, paragraph c, Code 22 2014, is amended to read as follows: 23 c. If an objection to a rule is filed under this subsection , 24 a copy of the objection, properly dated, shall be forwarded to 25 the agency at the time of filing the objection. In any action 26 contesting a rule or portion of a rule adopted pursuant to 27 this subsection , the burden of proof shall be on the agency to 28 show that the procedures of subsection 1 were impracticable, 29 unnecessary, or contrary to the public interest and that, if a 30 category of rules was involved, the category was very narrowly 31 tailored . 32 Sec. 14. Section 17A.4, subsection 5, Code 2014, is amended 33 to read as follows: 34 5. No A rule adopted after July 1, 1975, is not valid unless 35 -5- LSB 5493HV (2) 85 lh/nh 5/ 98
H.F. 2423 adopted in substantial compliance with the above requirements 1 of this section that are in effect at the time of adoption of 2 the rule . However, a rule shall be conclusively presumed to 3 have been made in compliance with all of the above procedural 4 requirements of this section if it has not been invalidated on 5 the grounds of noncompliance in a proceeding commenced within 6 two years after its effective date. 7 Sec. 15. Section 17A.4, subsection 9, Code 2014, is amended 8 to read as follows: 9 9. Upon the vote of two-thirds of its members, the 10 administrative rules review committee, following notice of 11 intended action as provided in subsection 1 and prior to 12 adoption of a rule pursuant to that notice, may suspend further 13 action relating to that notice for seventy days. Notice of 14 that a notice of intended action that was suspended under this 15 provision shall be published in the Iowa administrative code 16 and bulletin. 17 Sec. 16. Section 23.6, subsection 6, Code 2014, is amended 18 to read as follows: 19 6. The board may examine Examine, as deemed necessary by 20 the board, a record of a governmental body or a government body 21 that is the subject matter of a complaint, including any record 22 that is confidential by law. Confidential records provided to 23 the board by a governmental body or a government body shall 24 continue to maintain their confidential status. Any member 25 or employee of the board is subject to the same policies and 26 penalties regarding the confidentiality of the document as an 27 employee of the governmental body or a the government body. 28 Sec. 17. Section 23.9, Code 2014, is amended to read as 29 follows: 30 23.9 Informal assistance. 31 After accepting a complaint, the board shall promptly work 32 with the parties, through employees on its own staff of the 33 board , to reach an informal, expeditious resolution of the 34 complaint. 35 -6- LSB 5493HV (2) 85 lh/nh 6/ 98
H.F. 2423 Sec. 18. Section 24.13, Code 2014, is amended to read as 1 follows: 2 24.13 Procedure by levying board. 3 Any board which has the power to levy a tax without the same 4 first being certified to it, shall follow the same procedure 5 for hearings as is hereinbefore required of certifying boards 6 under this chapter . 7 Sec. 19. Section 28D.6, subsection 4, Code 2014, is amended 8 to read as follows: 9 4. Any employee of a sending agency assigned in this 10 state who suffers disability or death as a result of personal 11 injury arising out of and in the course of such assignment, or 12 sustained in the performance of duties in connection therewith, 13 shall be treated for the purpose of the receiving agency’s 14 employee compensation program, as an employee, as defined in 15 such compensation program, who has sustained such injury in the 16 performance of such duty, but shall not receive benefits under 17 that compensation program for any period for which the employee 18 elects to receive similar benefits as an employee under the 19 sending agency’s employee compensation program. 20 Sec. 20. Section 29A.50, Code 2014, is amended to read as 21 follows: 22 29A.50 Immunity. 23 The commanding officer and members of any of the military 24 forces engaged in the suppression of an insurrection, 25 assistance to civil authorities in emergencies, homeland 26 defense , or security duties, or the enforcement of the laws, 27 shall have the same immunity as peace officers. 28 Sec. 21. Section 35D.2, subsection 1, Code 2014, is amended 29 to read as follows: 30 1. Persons described in section 35D.1 who are disabled by 31 disease, injury, or old age, and who meet the qualifications 32 for nursing or residential care, and who are unable to earn a 33 livelihood, and who are residents of the state of Iowa on the 34 date of the application and immediately preceding the date the 35 -7- LSB 5493HV (2) 85 lh/nh 7/ 98
H.F. 2423 application is accepted, may be admitted to the home as members 1 under rules adopted by the commission. The commission shall 2 adopt rules to emphasize the admission of homeless honorably 3 discharged veterans. Eligibility determinations are subject 4 to approval by the commandant. 5 Sec. 22. Section 80D.12, subsection 2, Code 2014, is amended 6 to read as follows: 7 2. For reserve police peace officers of a tribal government, 8 hospital and medical assistance and benefits shall be provided 9 by the tribal government to members of the reserve force who 10 sustain injury while performing official duties in the same 11 manner as for a regular peace officer of the tribal government. 12 Sec. 23. Section 89.3, subsection 8, Code 2014, is amended 13 to read as follows: 14 8. Inspections of unfired steam pressure vessels operating 15 in excess of fifteen pounds per square inch and low pressure 16 steam boilers shall be conducted at least once each calendar 17 year. The inspections conducted over within each two-year 18 period shall include an external inspection conducted while 19 the boiler is operating and an internal inspection, where 20 construction permits. No more than one inspection shall be 21 conducted over a per six-month period. An internal inspection 22 of an unfired steam pressure vessel or low pressure steam 23 boiler may be required at any time by the commissioner upon the 24 observation by an inspector of conditions, enumerated by the 25 commissioner through rules, warranting an internal inspection. 26 Sec. 24. Section 101.21, subsection 1, paragraph a, Code 27 2014, is amended to read as follows: 28 a. An aboveground tank which complies with meets any of the 29 following criteria : 30 (1) Has one thousand one hundred gallons or less capacity. 31 (2) Stores flammable liquids on a farm located outside the 32 limits of a city, if the aboveground tank has two thousand 33 gallons or less capacity. 34 (3) Stores combustible liquids on a farm located outside 35 -8- LSB 5493HV (2) 85 lh/nh 8/ 98
H.F. 2423 the limits of a city, if the aboveground tank has five thousand 1 gallons or less capacity. 2 Sec. 25. Section 101A.2, subsection 4, Code 2014, is amended 3 to read as follows: 4 4. Except as permitted in section 101A.3 and sections 5 101A.9 to through 101A.11 , it shall be unlawful for any person 6 to willfully manufacture, import, store, detonate, sell, or 7 otherwise transfer any explosive materials unless such person 8 is the holder of a valid license issued pursuant to this 9 section . 10 Sec. 26. Section 105.10, subsection 2, Code 2014, is amended 11 to read as follows: 12 2. Except as provided in section 105.11 , a person shall not 13 engage in the business of designing, installing, or repairing 14 plumbing, mechanical, HVAC, refrigeration, sheet metal, or 15 hydronic systems unless at all times a licensed master, who 16 shall be responsible for the proper designing, installing, and 17 repairing of the plumbing, HVAC, refrigeration, sheet metal, 18 or hydronic system, is employed by the person and is actively 19 in charge of the plumbing, mechanical, HVAC, refrigeration, 20 sheet metal, or hydronic work of the person. An individual who 21 performs such work pursuant to a business operated as a sole 22 proprietorship shall be a licensed master in the applicable 23 discipline. 24 Sec. 27. Section 123.3, subsection 5, Code 2014, is amended 25 to read as follows: 26 5. “Alcoholic liquor” or “intoxicating liquor” means the 27 varieties of liquor defined in subsections 3 and 43 which 28 contain more than five percent of alcohol by weight, beverages 29 made as described in subsection 7 which beverages contain more 30 than five percent of alcohol by weight or six and twenty-five 31 hundredths percent of alcohol by volume but which are not 32 wine as defined in subsection 47 or high alcoholic content 33 beer as defined in subsection 19 , and every other liquid or 34 solid, patented or not, containing spirits and every beverage 35 -9- LSB 5493HV (2) 85 lh/nh 9/ 98
H.F. 2423 obtained by the process described in subsection 47 containing 1 more than seventeen percent alcohol by weight or twenty-one 2 and twenty-five hundredths percent of alcohol by volume, and 3 susceptible of being consumed by a human being, for beverage 4 purposes. Alcohol manufactured in this state for use as fuel 5 pursuant to an experimental distilled spirits plant permit or 6 its equivalent issued by the federal bureau of alcohol, tobacco 7 and firearms is not an “alcoholic liquor” . 8 Sec. 28. Section 123.30, subsection 1, paragraph b, Code 9 2014, is amended to read as follows: 10 b. As a condition for issuance of a liquor control license 11 or wine or beer permit, the applicant must give consent to 12 members of the fire, police, and health departments and the 13 building inspector of cities; the county sheriff , or deputy 14 sheriff , ; members of the department of public safety , ; 15 representatives of the division and of the department of 16 inspections and appeals , ; certified police officers , ; and 17 any official county health officer to enter upon areas of 18 the premises where alcoholic beverages are stored, served, 19 or sold, without a warrant during business hours of the 20 licensee or permittee to inspect for violations of this 21 chapter or ordinances and regulations that cities and boards 22 of supervisors may adopt. However, a subpoena issued under 23 section 421.17 or a warrant is required for inspection of 24 private records, a private business office, or attached living 25 quarters. Persons who are not certified peace officers shall 26 limit the scope of their inspections of licensed premises 27 to the regulatory authority under which the inspection is 28 conducted. All persons who enter upon a licensed premises to 29 conduct an inspection shall present appropriate identification 30 to the owner of the establishment or the person who appears 31 to be in charge of the establishment prior to commencing 32 an inspection; however, this provision does not apply to 33 undercover criminal investigations conducted by peace officers. 34 Sec. 29. Section 123.138, subsection 1, Code 2014, is 35 -10- LSB 5493HV (2) 85 lh/nh 10/ 98
H.F. 2423 amended to read as follows: 1 1. Each class “A” or special class “A” permittee shall 2 keep proper records showing the amount of beer sold by the 3 permittee, and these records shall be at all times open to 4 inspection by the administrator and to other persons pursuant 5 to section 123.30, subsection 1 . Each class “B” permittee, 6 class “C” permittee, and or retail liquor control licensee 7 shall keep proper records showing each purchase of beer made 8 by the permittee and or licensee, and the date and the amount 9 of each purchase and the name of the person from whom each 10 purchase was made, which records shall be open to inspection 11 pursuant to section 123.30, subsection 1 , during normal 12 business hours of the permittee or licensee. 13 Sec. 30. Section 125.10, subsection 16, Code 2014, is 14 amended to read as follows: 15 16. Encourage all health and disability insurance programs 16 to include substance abuse substance-related disorders as a 17 covered illness illnesses . 18 Sec. 31. Section 135C.41, Code 2014, is amended to read as 19 follows: 20 135C.41 Licensee’s response to citation. 21 Within twenty business days after service of a citation 22 under section 135C.40 , a facility shall either do one of the 23 following : 24 1. If it the facility does not desire to contest the 25 citation , take one of the following actions : 26 a. Remit to the department the amount specified by the 27 department pursuant to section 135C.36 as a penalty for each 28 Class I violation cited, and for each Class II violation unless 29 the citation specifically waives the penalty, which funds shall 30 be paid by the department into the state treasury and credited 31 to the general fund ; or . 32 b. In the case of a Class II violation for which the penalty 33 has been waived in accordance with the standards prescribed in 34 section 135C.36, subsection 2 , or a Class III violation, send 35 -11- LSB 5493HV (2) 85 lh/nh 11/ 98
H.F. 2423 to the department a written response acknowledging that the 1 citation has been received and stating that the violation will 2 be corrected within the specific period of time allowed by the 3 citation ; or . 4 2. Notify If the facility desires to contest the citation, 5 notify the director that the facility desires to contest the 6 citation and request an informal conference with an independent 7 reviewer pursuant to section 135C.42 . 8 Sec. 32. Section 144A.2, subsection 8, paragraph b, Code 9 2014, is amended to read as follows: 10 b. “Life-sustaining procedure” does not include the 11 provision of nutrition or hydration except when required 12 to be provided parenterally or through intubation , or the 13 administration of medication or performance of any medical 14 procedure deemed necessary to provide comfort care or to 15 alleviate pain. 16 Sec. 33. Section 159.18, subsection 3, Code 2014, is amended 17 to read as follows: 18 3. The department shall cooperate with private institutions 19 and public agencies in order to carry out this section , 20 including the economic development authority , the Iowa finance 21 authority, and the United States department of agriculture. 22 Sec. 34. Section 161A.44, Code 2014, is amended to read as 23 follows: 24 161A.44 Rules by commissioners —— scope. 25 1. The commissioners of each soil and water conservation 26 district shall, with approval of and within time limits set by 27 administrative order of the state soil conservation committee, 28 adopt reasonable regulations as are deemed necessary to 29 establish a soil loss limit or limits for the district and 30 provide for the implementation of the limit or limits, and 31 may subsequently amend or repeal their regulations as they 32 deem necessary. The committee shall review the soil loss 33 limit regulations adopted by the soil and water conservation 34 districts at least once every five years, and shall recommend 35 -12- LSB 5493HV (2) 85 lh/nh 12/ 98
H.F. 2423 changes in the regulations of a soil and water conservation 1 district which the committee deems necessary to assure that the 2 district’s soil loss limits are reasonable and attainable. The 3 commissioners may: 4 1. a. Classify land in the district on the basis of 5 topography, soil characteristics, current use, and other 6 factors affecting propensity to soil erosion. 7 2. b. Establish different soil loss limits for different 8 classes of land in the district if in their judgment and that 9 of the state soil conservation committee a lower soil loss 10 limit should be applied to some land than can reasonably be 11 applied to other land in the district, it being the intent of 12 the general assembly that no land in the state be assigned a 13 soil loss limit that cannot reasonably be applied to such land. 14 3. c. Require the owners of real property in the district 15 to employ either soil and water conservation practices or 16 erosion control practices, and : 17 a. May not specify the particular practices to be employed 18 so long as such owners voluntarily comply with the applicable 19 soil loss limits established for the district. 20 b. May may specify two or more approved soil and water 21 conservation practices or erosion control practices, one of 22 which shall be employed by the landowner to bring erosion from 23 land under the landowner’s control within the applicable soil 24 loss limit of the district when an administrative order is 25 issued to the landowner. 26 c. In no case may the commissioners require: 27 (1) The employment of erosion control practices as defined 28 in section 161A.42, subsection 4 , on land used in good faith 29 for agricultural or horticultural purposes only. 30 (2) The employment of soil and water conservation practices 31 or erosion control practices on that portion of any public 32 street, road or highway completed or under construction within 33 the corporate limits of any city, which is or will become the 34 traveled or surfaced portion of such street, road, or highway. 35 -13- LSB 5493HV (2) 85 lh/nh 13/ 98
H.F. 2423 (3) That any owner or operator of agricultural land refrain 1 from fall plowing of land on which the owner or operator 2 intends to raise a crop during the next succeeding growing 3 season, however on those lands which are prone to excessive 4 wind erosion the commissioners may require that reasonable 5 temporary measures be taken to minimize the likelihood of wind 6 erosion so long as such measures do not unduly increase the 7 cost of operation of the farm on which the land is located. 8 However, fall plowing of soil which is commonly known as gumbo 9 shall always be permitted. 10 d. May require Require that a person under an order to 11 employ soil and water conservation practices or erosion control 12 practices submit up to three bids to the commissioners for the 13 work and provide an explanation to the commissioners if a bid 14 other than the lowest bid has been selected by that person. 15 2. The commissioners shall not: 16 a. Specify the particular practices to be employed by 17 owners of real property in the district, so long as such 18 owners voluntarily comply with the applicable soil loss limits 19 established for the district. 20 b. Require the employment of erosion control practices as 21 defined in section 161A.42, subsection 4, on land used in good 22 faith for agricultural or horticultural purposes only. 23 c. Require the employment of soil and water conservation 24 practices or erosion control practices on that portion of any 25 public street, road, or highway completed or under construction 26 within the corporate limits of any city, which is or will 27 become the traveled or surfaced portion of such street, road, 28 or highway. 29 d. Require that any owner or operator of agricultural 30 land refrain from fall plowing of land on which the owner or 31 operator intends to raise a crop during the next succeeding 32 growing season, however on those lands which are prone to 33 excessive wind erosion the commissioners may require that 34 reasonable temporary measures be taken to minimize the 35 -14- LSB 5493HV (2) 85 lh/nh 14/ 98
H.F. 2423 likelihood of wind erosion so long as such measures do not 1 unduly increase the cost of operation of the farm on which 2 the land is located. However, fall plowing of soil which is 3 commonly known as gumbo shall always be permitted. 4 Sec. 35. Section 172A.10, Code 2014, is amended to read as 5 follows: 6 172A.10 Injunctions —— criminal penalties. 7 1. If any person who is required by this chapter to be 8 licensed fails to obtain the required license, or if any person 9 who is required by this chapter to maintain proof of financial 10 responsibility fails to maintain such proof , or if any licensee 11 fails to discontinue engaging in licensed activities when that 12 person’s license has been suspended, such failure shall be 13 deemed a nuisance and the secretary may bring an action on 14 behalf of the state to enjoin such nuisance. Such actions may 15 be heard on not less than five days’ notice to the person whose 16 activities are sought to be enjoined. The failure to obtain 17 a license when required, or the failure to maintain proof of 18 financial responsibility shall constitute a violation of this 19 chapter . 20 2. Any person convicted of violating any provision of this 21 chapter shall be guilty of a serious misdemeanor. 22 Sec. 36. Section 175.31, Code 2014, is amended to read as 23 follows: 24 175.31 Programs in progress. 25 The authority shall complete the administration of programs 26 in progress on July 1, 1980, to the extent that funds were 27 committed, obligations incurred or rights accrued prior to July 28 1, 1980, under the programs authorized under sections 234.15 29 to 234.20 , prior to the repeal of those sections Code 1979 . 30 Moneys received under this section shall be deposited to the 31 authority. 32 Sec. 37. Section 175.37, subsection 4, unnumbered paragraph 33 1, Code 2014, is amended to read as follows: 34 The tax credit is allowed only for agricultural assets that 35 -15- LSB 5493HV (2) 85 lh/nh 15/ 98
H.F. 2423 are subject to an agricultural assets transfer agreement. The 1 agreement shall provide for the lease of agricultural land 2 located in this state, including any improvements , and may 3 provide for the rental of agricultural equipment as defined in 4 section 322F.1 . 5 Sec. 38. Section 203.10, subsection 2, Code 2014, is amended 6 to read as follows: 7 2. The department may issue an order to suspend or revoke 8 the license of a grain dealer who violates a provision of this 9 chapter , including a rule adopted in accordance with this 10 chapter , pursuant to chapter 17A . 11 Sec. 39. Section 203C.10, subsection 2, Code 2014, is 12 amended to read as follows: 13 2. The department may issue an order to suspend or revoke 14 the license of a warehouse operator who violates a provision of 15 this chapter , including a rule adopted in accordance with this 16 chapter , pursuant to chapter 17A . 17 Sec. 40. Section 203C.15, subsection 10, paragraph d, Code 18 2014, is amended to read as follows: 19 d. Warehouse operators and owners of bulk grain. 20 Sec. 41. Section 206.2, subsection 1, unnumbered paragraph 21 1, Code 2014, is amended to read as follows: 22 The term “active ingredient” “Active ingredient” means: 23 Sec. 42. Section 206.2, subsections 2, 3, 10, 11, 13, and 24 14, Code 2014, are amended to read as follows: 25 2. The term “adulterated” “Adulterated” shall apply to any 26 pesticide if its strength or purity falls below the professed 27 standard or quality as expressed on labeling or under which it 28 is sold, or if any substance has been substituted wholly or in 29 part for the article, or if any valuable constituent of the 30 article has been wholly or in part abstracted. 31 3. The term “antidote” “Antidote” means the most practical 32 immediate treatment in case of poisoning and includes first aid 33 treatment. 34 10. The term “device” “Device” means any instrument or 35 -16- LSB 5493HV (2) 85 lh/nh 16/ 98
H.F. 2423 contrivance intended for trapping, destroying, repelling, or 1 mitigating insects, birds, or rodents or destroying, repelling, 2 or mitigating fungi, nematodes, weeds , or such other pests as 3 may be designated by the secretary, but not including equipment 4 used for the application of pesticides when sold separately 5 therefrom. 6 11. The term “distribute” “Distribute” means to offer for 7 sale, hold for sale, sell, barter, or supply pesticides in this 8 state. 9 13. The term “hazard” “Hazard” means a probability that 10 a given pesticide will have an adverse effect on man or the 11 environment in a given situation, the relative likelihood 12 of danger or ill effect being dependent on a number of 13 interrelated factors present at any given time. 14 14. The term “inert ingredient” “Inert ingredient” means an 15 ingredient which is not an active ingredient. 16 Sec. 43. Section 206.2, subsection 15, unnumbered paragraph 17 1, Code 2014, is amended to read as follows: 18 The term “ingredient statement” “Ingredient statement” means 19 either: 20 Sec. 44. Section 206.2, subsection 16, Code 2014, is amended 21 to read as follows: 22 16. The term “label” “Label” means the written, printed, 23 or graphic matter on, or attached to, the pesticide or device, 24 or the immediate container thereof, and the outside container 25 or wrapper of the retail package, if any there be, of the 26 pesticide or device. 27 Sec. 45. Section 206.2, subsection 17, unnumbered paragraph 28 1, Code 2014, is amended to read as follows: 29 The term “labeling” “Labeling” means all labels and other 30 written, printed , or graphic matter: 31 Sec. 46. Section 206.2, subsection 18, unnumbered paragraph 32 1, Code 2014, is amended to read as follows: 33 The term “misbranded” “Misbranded” shall apply: 34 Sec. 47. Section 206.2, subsections 19, 20, 21, 22, 23, 26, 35 -17- LSB 5493HV (2) 85 lh/nh 17/ 98
H.F. 2423 27, 30, and 31, Code 2014, are amended to read as follows: 1 19. The term “permit” “Permit” means a written certificate, 2 issued by the secretary or the secretary’s agent under rules 3 adopted by the department authorizing the use of certain state 4 restricted use pesticides. 5 20. The term “person” “Person” means any individual, 6 partnership, association, corporation, or organized group of 7 persons whether incorporated or not. 8 21. The term “pesticide” shall mean (a) any “Pesticide” 9 means any of the following: 10 a. Any substance or mixture of substances intended for 11 preventing, destroying, repelling, or mitigating directly or 12 indirectly any insects, rodents, nematodes, fungi, weeds, and 13 other forms of plant or animal life or viruses, except viruses 14 on or in living persons, which the secretary shall declare to 15 be a pest , and (b) any . 16 b. Any substances intended for use as a plant growth 17 regulator, defoliant, or desiccant. 18 22. The term “pesticide dealer” “Pesticide dealer” means any 19 person who distributes restricted use pesticides ; , pesticide 20 for use by commercial or public pesticide applicators ; , or 21 general use pesticides labeled for agricultural or lawn and 22 garden use with the exception of dealers whose gross annual 23 pesticide sales are less than ten thousand dollars for each 24 business location owned or operated by the dealer. 25 23. The term “plant growth regulator” “Plant growth 26 regulator” means any substance or mixture of substances 27 intended, through physiological action, for accelerating or 28 retarding the rate of growth or rate of maturation, or for 29 otherwise altering the behavior of ornamental or crop plants 30 or the produce thereof, but shall not include substances to 31 the extent that they are intended as plant nutrients, trace 32 elements, nutritional chemicals, plant inoculants, and soil 33 amendments. 34 26. The term “registrant” “Registrant” means the person 35 -18- LSB 5493HV (2) 85 lh/nh 18/ 98
H.F. 2423 registering any pesticide or device or who has obtained a 1 certificate of license from the department pursuant to the 2 provisions of this chapter . 3 27. The term “restricted use pesticide” “Restricted use 4 pesticide” means any pesticide restricted as to use by rule of 5 the secretary as adopted under section 206.20 . 6 30. The term “under the direct supervision of” “Under the 7 direct supervision of” means the act or process whereby the 8 application of a pesticide is made by a competent person acting 9 under the instructions and control of a certified applicator 10 or a state licensed commercial applicator who is available 11 if and when needed, even though such certified applicator is 12 not physically present at the time and place the pesticide is 13 applied. 14 31. The term “unreasonable adverse effects on the 15 environment” “Unreasonable adverse effects on the environment” 16 means any unreasonable risk to man or the environment, taking 17 into account the economic, social , and environmental costs and 18 benefits of the use of any pesticide. 19 Sec. 48. Section 216A.2, subsection 2, Code 2014, is amended 20 to read as follows: 21 2. The department director is the chief administrative 22 officer of the department and in that capacity administers 23 the programs and services of the department in compliance 24 with applicable federal and state laws and regulations. 25 The duties of the department director include preparing a 26 budget, establishing an internal administrative structure, and 27 employing personnel. 28 Sec. 49. Section 230.2, Code 2014, is amended to read as 29 follows: 30 230.2 Finding of residence. 31 If a person’s residency status is disputed, the residency 32 shall be determined in accordance with section 331.394 . 33 Otherwise, the district court may, when the person is 34 ordered placed in a hospital for psychiatric examination and 35 -19- LSB 5493HV (2) 85 lh/nh 19/ 98
H.F. 2423 appropriate treatment, or as soon thereafter as the court 1 obtains the proper information, determine make one of the 2 following determinations and enter of record whether the 3 residence of the person is in a county or the person is deemed 4 to be a state case, as follows: 5 1. In That the person’s residence is in the county from 6 which the person was placed in the hospital. 7 2. In That the person’s residence is in another county of 8 the state. 9 3. In That the person’s residence is in a foreign state or 10 country and the person is deemed to be a state case. 11 4. Unknown That the person’s residence is unknown and the 12 person is deemed to be a state case. 13 Sec. 50. Section 230.11, Code 2014, is amended to read as 14 follows: 15 230.11 Recovery of costs from state. 16 Costs and expenses attending the taking into custody, 17 care, and investigation of a person who has been admitted 18 or committed to a state hospital, United States department 19 of veterans affairs hospital, or other agency of the United 20 States government, for persons with mental illness and who 21 has no residence in this state or whose residence is unknown, 22 including cost of commitment, if any, shall be paid as a state 23 case as approved by the administrator. The amount of the costs 24 and expenses approved by the administrator is appropriated 25 to the department from any money in the state treasury not 26 otherwise appropriated , . Payment shall be made on itemized 27 vouchers executed by the auditor of the county which has paid 28 them, and approved by the administrator. 29 Sec. 51. Section 230.34, Code 2014, is amended to read as 30 follows: 31 230.34 Definitions. 32 As used in this chapter, unless the context otherwise 33 requires: 34 1. As used in this chapter , “administrator” “Administrator” 35 -20- LSB 5493HV (2) 85 lh/nh 20/ 98
H.F. 2423 means the administrator of the department of human services 1 assigned, in accordance with section 218.1 , to control the 2 state mental health institutes, or that administrator’s 3 designee. 4 2. As used in this chapter , “auditor” “Auditor” means the 5 county auditor or the auditor’s designee. 6 3. As used in this chapter , unless the context otherwise 7 requires, “book” “Book” , “list” , “record” , or “schedule” kept 8 by a county auditor, assessor, treasurer, recorder, sheriff, 9 or other county officer means the county system as defined in 10 section 445.1 . 11 4. As used in this chapter , unless the context otherwise 12 requires, “department” “Department” means the department of 13 human services. 14 Sec. 52. Section 231.4, subsection 1, paragraph j, Code 15 2014, is amended to read as follows: 16 j. “Home and community-based services” means a continua of 17 services available in an individual’s home or community which 18 include but are not limited to case management, homemaker, 19 home homemaker-home health aide, personal care, adult day, 20 respite, home delivered meals, nutrition counseling, and other 21 medical and social services which contribute to the health and 22 well-being of individuals and their ability to reside in a home 23 or community-based care setting. 24 Sec. 53. Section 232.80, Code 2014, is amended to read as 25 follows: 26 232.80 Homemaker services. 27 A homemaker-home health aide may be assigned to give care to 28 a child in the child’s place of residence. Whenever possible, 29 the services shall be provided in preference to removal of 30 the child from the home. The care may be provided under this 31 Act chapter on an emergency basis for up to twenty-four hours 32 without court order, and may be ordered by the court for a 33 period of time extending until dismissal or disposition of the 34 case. 35 -21- LSB 5493HV (2) 85 lh/nh 21/ 98
H.F. 2423 Sec. 54. Section 232.90, subsection 4, Code 2014, is amended 1 to read as follows: 2 4. The county attorney and the attorney general shall comply 3 with the requirements of chapter 232B and the federal Indian 4 Child Welfare Act, Pub. L. No. 95-608, when either chapter 232B 5 or the federal Indian Child Welfare Act is determined to be 6 applicable in any proceeding under this division . 7 Sec. 55. Section 232.102, subsection 3, Code 2014, is 8 amended to read as follows: 9 3. After a dispositional hearing and upon written 10 findings of fact based upon evidence in the record that an 11 alternative placement set forth in subsection 1 , paragraph 12 “a” , subparagraph (1), has previously been made and is not 13 appropriate the court may enter an order transferring the 14 guardianship of the child for the purposes of subsection 8 9 , 15 to the director of human services for the purposes of placement 16 in the Iowa juvenile home at Toledo. 17 Sec. 56. Section 249A.47, subsection 1, paragraph h, Code 18 2014, is amended to read as follows: 19 h. A provider who intentionally and purposefully and without 20 good cause fails to grant timely access, upon reasonable 21 request and without good cause , to the department for the 22 purpose of audits, investigations, evaluations, or other 23 functions of the department, is subject to a civil penalty of 24 fifteen thousand dollars for each day of the failure. 25 Sec. 57. Section 252.27, unnumbered paragraph 2, Code 2014, 26 is amended to read as follows: 27 The board shall record its proceedings relating to the 28 provision of assistance to specific persons under this chapter . 29 A person who is aggrieved by a decision of the board may appeal 30 the decision as if it were a contested case before an agency 31 and as if the person had exhausted administrative remedies in 32 accordance with the procedures and standards in section 17A.19, 33 subsections 2 to through 12, except section 17A.19, subsection 34 10 , paragraphs “b” and “g” , and section 17A.20 . 35 -22- LSB 5493HV (2) 85 lh/nh 22/ 98
H.F. 2423 Sec. 58. Section 252.37, Code 2014, is amended to read as 1 follows: 2 252.37 Appeal to supervisors. 3 If a poor person, on application to the general assistance 4 director, is refused the required assistance, the applicant may 5 appeal to the board of supervisors, who, upon examination into 6 the matter, may order the director to provide assistance, or it 7 who may direct specific assistance. 8 Sec. 59. Section 256.7, subsection 26, paragraph a, 9 subparagraph (3), Code 2014, is amended to read as follows: 10 (3) The rules establishing a core curriculum shall address 11 the core content standards in subsection 28 and the skills and 12 knowledge students need to be successful in the twenty-first 13 century. The core curriculum shall include social studies and 14 twenty-first century learning skills which include but are 15 not limited to civic literacy, health literacy, technology 16 literacy, financial literacy, and employability skills; and 17 shall address the curricular needs of students in kindergarten 18 through grade twelve in those areas. The department state 19 board shall further define the twenty-first century learning 20 skills components by rule. 21 Sec. 60. Section 256.42, subsection 4, Code 2014, is amended 22 to read as follows: 23 4. Each participating school district and accredited 24 nonpublic school shall submit its online curricula to the 25 department for review. Each participating school district and 26 accredited nonpublic school shall include in its comprehensive 27 school improvement plan submitted pursuant to section 256.7, 28 subsection 21 , a list and description of the online coursework 29 offered by the district or school . 30 Sec. 61. Section 258.6, Code 2014, is amended to read as 31 follows: 32 258.6 Definitions. 33 As used in this chapter: 34 1. “Approved practitioner preparation school, department, 35 -23- LSB 5493HV (2) 85 lh/nh 23/ 98
H.F. 2423 or class” means a school, department, or class approved by the 1 board as entitled under this chapter to federal moneys for the 2 training of teachers of vocational subjects. 3 2. “Approved school, department, or class” means a school, 4 department, or class approved by the board as entitled under 5 this chapter to federal and state moneys for the salaries and 6 authorized travel of teachers of vocational subjects. “Approved 7 practitioner preparation school, department, or class” means a 8 school, department, or class approved by the board as entitled 9 under this chapter to federal moneys for the training of 10 teachers of vocational subjects. 11 Sec. 62. Section 258.12, Code 2014, is amended to read as 12 follows: 13 258.12 Custodian of funds. 14 The treasurer of state shall be custodian of the funds 15 paid to the state from the appropriations made under said the 16 federal Carl D. Perkins Vocational and Technical Education Act 17 of Congress of 1998 , and shall disburse the same on vouchers 18 audited as provided by law. 19 Sec. 63. Section 278.3, Code 2014, is amended to read as 20 follows: 21 278.3 Power given electors not to limit directors’ power. 22 The power vested in the electors by section 278.1 shall not 23 affect or limit the power granted to the board of directors 24 of a school district in section 297.7, subsection 2 , and the 25 authority granted in said section 297.7, subsection 2, shall be 26 construed as independent of the power vested in the electors 27 by section 278.1 . 28 Sec. 64. Section 283A.1, unnumbered paragraph 1, Code 2014, 29 is amended to read as follows: 30 For the purpose of this chapter , unless the context 31 otherwise requires : 32 Sec. 65. Section 297.30, Code 2014, is amended to read as 33 follows: 34 297.30 Public sale. 35 -24- LSB 5493HV (2) 85 lh/nh 24/ 98
H.F. 2423 If the owner of the tract from which said site was taken 1 fails to pay the amount of such appraisement to such executive 2 council the department within thirty days after the filing of 3 the same with the sheriff, the executive council department may 4 sell said site or building to any other person at the appraised 5 value, or may sell the same at public sale to the highest 6 bidder and the proceeds of such sale are to be added to the 7 permanent school fund of the state. 8 Sec. 66. Section 299.6A, subsection 1, Code 2014, is amended 9 to read as follows: 10 1. In lieu of a criminal proceeding under section 299.6 , 11 a county attorney may bring a civil action against a parent, 12 guardian, or legal or actual custodian of a child who is of 13 compulsory attendance age, has not completed educational 14 requirements, and is truant, if the parent, guardian, or legal 15 or actual custodian has failed to cause the child to attend 16 a public school or an accredited nonpublic school, or placed 17 to place the child under competent private instruction or 18 independent private instruction in the manner provided in this 19 chapter . If the court finds that the parent, guardian, or 20 legal or actual custodian has failed to cause the child to 21 attend as required in this section , the court shall assess a 22 civil penalty of not less than one hundred but not more than 23 one thousand dollars for each violation established. 24 Sec. 67. Section 306D.1, subsection 2, Code 2014, is amended 25 to read as follows: 26 2. In addition to other goals for the program, it is the 27 intention of the general assembly that the scenic highways 28 program be coordinated with the state’s open space program 29 under chapter 465A . 30 Sec. 68. Section 307.23, Code 2014, is amended to read as 31 follows: 32 307.23 General counsel. 33 1. The general counsel shall be a special assistant attorney 34 general appointed by the attorney general who shall act as the 35 -25- LSB 5493HV (2) 85 lh/nh 25/ 98
H.F. 2423 attorney for the department and the . The general counsel shall 1 have the following duties and responsibilities: 2 a. Act as legal advisor to the commission and the director , 3 and provide . 4 b. Provide all legal services for the department. 5 2. The attorney general shall appoint additional assistant 6 attorneys general as the director deems necessary to carry out 7 the duties assigned to the office of the general counsel. The 8 salary of the general counsel shall be fixed by the director, 9 subject to the approval of the attorney general. The director 10 shall provide and furnish a suitable office for the general 11 counsel upon request of the attorney general. 12 Sec. 69. Section 309.41, Code 2014, is amended to read as 13 follows: 14 309.41 Optional advertisement and letting. 15 1. Contracts not embraced within the provisions of section 16 309.40 or 309.40A shall be either advertised and let at 17 a public letting ; , or, where the cost does not exceed the 18 engineer’s estimate, let through informal bid procedure by 19 contacting at least three qualified bidders prior to letting 20 the contract. The informal bids received together with a 21 statement setting forth the reasons for use of the informal 22 procedure and bid acceptance shall be entered in the minutes 23 of the board of supervisors meeting at which such action was 24 taken. 25 2. Nothing contained in this section shall be deemed to 26 prohibit the board of supervisors from purchasing material 27 and using county equipment and regularly employed county road 28 personnel on a project within their capability as determined 29 by the county engineer. 30 Sec. 70. Section 309.43, Code 2014, is amended to read as 31 follows: 32 309.43 Record of bids. 33 All bids received shall be publicly opened, at the time and 34 place specified in the advertisement, and shall be recorded 35 -26- LSB 5493HV (2) 85 lh/nh 26/ 98
H.F. 2423 in detail , in the road book , by the county auditor ; and the . 1 The county engineer shall in all instances of day labor , and 2 private or public contracts , file a detailed cost accounting 3 sheet with the county auditor ; said . The road book and cost 4 sheets shall at all times be open to public inspection. 5 Sec. 71. Section 313.2, Code 2014, is amended to read as 6 follows: 7 313.2 “Road systems” defined —— roadside parks. 8 1. The roads and streets of the state are, for the purpose 9 of this chapter , those roads and streets established under 10 chapter 306 . 11 2. a. Whenever the board of supervisors of a county and 12 the department mutually determine that a portion of a highway 13 under the jurisdiction of either party should be transferred to 14 the jurisdiction of the other party, the board and department 15 may enter into an agreement to effect such transfer. Such 16 agreement may provide that each party may undertake or share 17 responsibility for improving said road with the costs of such 18 improvement to be borne entirely by either the county or the 19 department or equitably divided between the two jurisdictions. 20 All such improvements shall be completed and all actual costs 21 thereof paid or reimbursed prior to the time transfer of the 22 road is made. In carrying out such agreement, the board of 23 supervisors may expend secondary road funds of the county and 24 the department may expend primary road funds. 25 b. However, prior to entering into the agreement, a notice 26 of intent to execute such agreement shall be published in a 27 newspaper of general circulation within the county and the cost 28 of such notice shall be jointly borne by the department and 29 the board of supervisors. If one hundred or more residents of 30 the county request by petition or in writing that a hearing 31 be held in regard to such agreement within ten days after 32 the publication of the notice, the board of supervisors and 33 the department shall hold such a hearing not more than seven 34 days after receiving the petition or written instrument, and 35 -27- LSB 5493HV (2) 85 lh/nh 27/ 98
H.F. 2423 based upon evidence presented at such hearing shall reexamine 1 the merits of executing such agreement and make a decision in 2 regard to it. 3 3. The department may, for the purpose of affording access 4 to cities or state parks, or for the purpose of shortening 5 the direct line of travel on important routes, or to effect 6 connections with interstate roads at the state line, add such 7 road or roads to the primary system. 8 4. The department, either alone or in cooperation with any 9 county, shall have the authority to utilize any land acquired 10 incidental to the acquisition of land for highway right-of-way 11 and to also accept by gift , lands not exceeding two acres in 12 area for roadside parks and parking areas. The department may 13 furnish necessary maintenance. The department shall also have 14 authority to accept by gift , equipment or other installations 15 incidental to the use of said parks and parking areas. Said 16 The parks and parking areas shall be a part of the primary 17 road system and the department may at its discretion sell or 18 otherwise dispose of said the lands. 19 5. Reasonable maintenance and surveillance of rest area 20 sites and buildings located thereon on the sites shall be 21 provided by employees of the department within the limits of 22 appropriations provided for such purpose. 23 Sec. 72. Section 313.28, subsection 1, Code 2014, is amended 24 to read as follows: 25 1. When the department, for the purpose of establishing, 26 constructing, or maintaining any primary road, determines 27 that any secondary road or portion thereof is necessary for a 28 detour or haul road, the department, after consultation with 29 the county board of supervisors having jurisdiction of the 30 route, shall by order temporarily designate the secondary road 31 or portion thereof as a temporary primary road detour or as 32 a temporary primary road haul road, and the department shall 33 maintain the same as a primary road until it shall revoke the 34 temporary designation order. Prior to use of a secondary road 35 -28- LSB 5493HV (2) 85 lh/nh 28/ 98
H.F. 2423 as a primary road haul road or detour, the department shall 1 designate a representative to inspect the secondary road with 2 the county engineer to determine and note the condition of the 3 road. 4 Sec. 73. Section 313.65, Code 2014, is amended to read as 5 follows: 6 313.65 Approval of taxing bodies. 7 Before any bridge owned by any individual or private 8 corporation shall be accepted by the department under the 9 provisions of sections 313.59 to 313.64 , the said proposal and 10 acceptance shall first be approved by the following tax levying 11 and tax certifying bodies located in the said tax district: 12 1. The board of supervisors , the . 13 2. The city councils and the . 14 3. The school board or boards. 15 Sec. 74. Section 313.66, subsection 4, Code 2014, is amended 16 to read as follows: 17 4. Before the purchase of any such bridge shall be completed 18 by the department under the provisions of this section , the 19 purchase thereof shall first be approved by the following 20 tax levying and tax certifying bodies located in said the 21 district: 22 a. The board of supervisors , the . 23 b. The city councils , and the . 24 c. The school board or boards. 25 Sec. 75. Section 317.25, subsection 1, Code 2014, is amended 26 to read as follows: 27 1. a. A person shall not import, sell, offer for sale, 28 or distribute teasel in this state in any form, including the 29 seeds, any of the following plants: 30 (1) Teasel (Dipsacus) biennial , the multiflora . 31 (2) Multiflora rose (Rosa multiflora) , purple . 32 (3) Purple loosestrife (Lythrum salicaria) , purple . 33 (4) Purple loosestrife (Lythrum virgatum) , garlic . 34 (5) Garlic mustard (Alliaria petiolata) , oriental . 35 -29- LSB 5493HV (2) 85 lh/nh 29/ 98
H.F. 2423 (6) Oriental bittersweet (Celastrus orbiculatus) , . 1 (7) Japanese knotweed (Fallopia japonica) , or . 2 (8) Japanese hop (Humulus japonicus) , including the seeds 3 of those plants, in any form in this state . 4 b. However, this subsection paragraph “a” does not prohibit 5 the sale, offer for sale, or distribution of the multiflora 6 rose (Rosa multiflora) used for understock for either 7 cultivated roses or ornamental shrubs in gardens. 8 Sec. 76. Section 321.24, subsections 7 and 10, Code 2014, 9 are amended to read as follows: 10 7. The certificate shall contain the name of the county 11 treasurer or of the department and, if the certificate of 12 title is printed, the signature of the county treasurer, the 13 deputy county treasurer, or the department director or deputy 14 designee. The certificate of title shall contain upon the 15 reverse side a form for assignment of title or interest and 16 warranty by the owner, for reassignments by a dealer licensed 17 in this state or in another state if the state in which the 18 dealer is licensed permits Iowa licensed dealers to similarly 19 reassign certificates of title. However, titles for mobile 20 homes or manufactured homes shall not be reassigned by licensed 21 dealers. Notwithstanding section 321.1, subsection 17 , as 22 used in this paragraph subsection, “dealer” means every person 23 engaged in the business of buying, selling, or exchanging 24 vehicles of a type required to be registered under this 25 chapter . 26 10. A vehicle shall be registered for the registration 27 year. A vehicle registered for the first time in this state 28 shall be registered for the remaining unexpired months of the 29 registration year and pay an annual registration fee prorated 30 for the remaining unexpired months of the registration year 31 plus a fee for new registration if applicable pursuant to 32 section 321.105A . Except for a vehicle registered under 33 chapter 326 , a vehicle registered for the first time during 34 the eleventh month of the owner’s registration year may 35 -30- LSB 5493HV (2) 85 lh/nh 30/ 98
H.F. 2423 be registered for the remaining unexpired months of the 1 registration year as provided in this paragraph subsection or 2 for the remaining unexpired months of the registration year and 3 for the next registration year, upon payment of the applicable 4 registration fees. 5 Sec. 77. Section 321.178, subsection 2, paragraph a, 6 subparagraph (2), subparagraph division (b), Code 2014, is 7 amended to read as follows: 8 (b) For the period beginning July 1, 2010, through June 9 30, 2011, peace officers shall issue only warning citations 10 for violations of subparagraph division (a). The department, 11 in cooperation with the department of public safety, shall 12 establish educational programs to foster compliance with the 13 requirements of subparagraph division (a). 14 Sec. 78. Section 321.180A, subsection 1, Code 2014, is 15 amended to read as follows: 16 1. Notwithstanding other provisions of this chapter , a 17 person with a physical disability, who is not suffering from 18 a convulsive disorder and who can provide a favorable medical 19 report, whose license renewal has been denied under section 20 321.177, subsection 6 or 7 , or whose driver’s license has been 21 suspended under section 321.210, subsection 1 , paragraph “a” , 22 subparagraph (3), upon meeting the requirements of section 23 321.186 , other than a driving demonstration or elimination 24 of the person’s limitations which caused the denial under 25 section 321.177, subsection 6 or 7 , or suspension under section 26 321.210, subsection 1 , paragraph “a” , subparagraph (3), and 27 upon paying the fee required in section 321.191 , shall be 28 issued a special instruction permit by the department. Upon 29 issuance of the permit the denial or suspension shall be stayed 30 and the stay shall remain in effect as long as the permit is 31 valid. 32 Sec. 79. Section 321.180B, subsection 6, paragraph b, Code 33 2014, is amended to read as follows: 34 b. For the period beginning July 1, 2010, through June 30, 35 -31- LSB 5493HV (2) 85 lh/nh 31/ 98
H.F. 2423 2011, peace officers shall issue only warning citations for 1 violations of paragraph “a” . The department, in cooperation 2 with the department of public safety, shall establish 3 educational programs to foster compliance with the requirements 4 of paragraph “a” . 5 Sec. 80. Section 321.194, subsection 1, paragraph d, 6 subparagraph (2), Code 2014, is amended to read as follows: 7 (2) For the period beginning July 1, 2010, through June 30, 8 2011, peace officers shall issue only warning citations for 9 violations of subparagraph (1). The department, in cooperation 10 with the department of public safety, shall establish 11 educational programs to foster compliance with the requirements 12 of subparagraph (1). 13 Sec. 81. Section 321.498, subsection 1, Code 2014, is 14 amended to read as follows: 15 1. The acceptance by any nonresident of this state of the 16 privileges extended by the laws of this state to nonresident 17 operators or owners of operating a motor vehicle, or having the 18 same operated, within this state shall be deemed to be all of 19 the following : 20 a. An agreement by the nonresident that the nonresident 21 shall be subject to the jurisdiction of the district court 22 of this state over all civil actions and proceedings against 23 the nonresident for damages to person or property growing or 24 arising out of such use and operation , and . 25 b. An appointment by such nonresident of the director of 26 this state as the nonresident’s lawful attorney upon whom may 27 be served all original notices of suit pertaining to such 28 actions and proceedings , and . 29 c. An agreement by such nonresident that any original notice 30 of suit so served shall be of the same legal force and validity 31 as if personally served on the nonresident in this state. 32 Sec. 82. Section 321.555, unnumbered paragraph 1, Code 33 2014, is amended to read as follows: 34 As used in this division section and sections 321.556 35 -32- LSB 5493HV (2) 85 lh/nh 32/ 98
H.F. 2423 through 321.562 , “habitual offender” means any person who has 1 accumulated convictions for separate and distinct offenses 2 described in subsection 1, 2, or 3 , committed after July 1, 3 1974, for which final convictions have been rendered, as 4 follows: 5 Sec. 83. Section 321.562, Code 2014, is amended to read as 6 follows: 7 321.562 Rule of construction. 8 Nothing in sections 321.555 through 321.561 or this 9 division section shall be construed as amending, modifying, or 10 repealing any existing law of this state or any ordinance of 11 any political subdivision relating to the operation of motor 12 vehicles, the licensing of persons to operate motor vehicles, 13 or providing penalties for the violation thereof. 14 Sec. 84. Section 321A.8, Code 2014, is amended to read as 15 follows: 16 321A.8 Application to unlicensed drivers and unregistered 17 motor vehicles. 18 In case the operator or the owner of a motor vehicle 19 involved in an accident within this state has no license or 20 registration, the operator or owner shall not be allowed 21 a license or registration until the operator or owner has 22 complied with the requirements of sections 321A.4 to through 23 321A.7, this section, and sections 321A.9 through 321A.11 to 24 the same extent that would be necessary if, at the time of 25 the accident, the operator or owner had held a license and 26 registration. 27 Sec. 85. Section 321A.9, subsection 1, Code 2014, is amended 28 to read as follows: 29 1. The security required under sections 321A.4 to through 30 321A.8, this section, and sections 321A.10 and 321A.11 shall be 31 in such form and in such amount as the department may require 32 but in no case in excess of the limits specified in section 33 321A.5 in reference to the acceptable limits of a policy or 34 bond. The person depositing security shall specify in writing 35 -33- LSB 5493HV (2) 85 lh/nh 33/ 98
H.F. 2423 the person or persons on whose behalf the deposit is made 1 and, at any time while such deposit is in the custody of the 2 department or state treasurer, the person depositing it may, 3 in writing, amend the specification of the person or persons 4 on whose behalf the deposit is made to include an additional 5 person or persons; provided, however, that a single deposit of 6 security shall be applicable only on behalf of persons required 7 to furnish security because of the same accident. 8 Sec. 86. Section 321A.10, Code 2014, is amended to read as 9 follows: 10 321A.10 Custody, disposition, and return of security. 11 Security deposited in compliance with the requirements of 12 sections 321A.4 to through 321A.9, this section, and section 13 321A.11 shall be placed by the department in the custody 14 of the state treasurer and shall be applicable only to the 15 payment of a judgment or judgments rendered against the person 16 or persons on whose behalf the deposit was made, for damages 17 arising out of the accident in question in an action at law, 18 begun not later than one year after the date of such accident, 19 or within one year after the date of deposit of any security 20 under subsection 3 of section 321A.7 , and such deposit or any 21 balance thereof shall be returned to the depositor or the 22 depositor’s personal representative when evidence satisfactory 23 to the department has been filed with the department that there 24 has been a release from liability, or a final adjudication of 25 nonliability, or a warrant for confession of judgment, or a 26 duly acknowledged agreement, in accordance with subsection 4 of 27 section 321A.6 , or whenever, after the expiration of one year 28 from the date of the accident, or within one year after the 29 date of deposit of any security under subsection 3 of section 30 321A.7 , the department shall be given reasonable evidence that 31 there is no such action pending and no judgment rendered in 32 such action left unpaid. 33 Sec. 87. Section 321A.13, subsection 3, Code 2014, is 34 amended to read as follows: 35 -34- LSB 5493HV (2) 85 lh/nh 34/ 98
H.F. 2423 3. Any person whose license, registration, or nonresident’s 1 operating privilege has been suspended or is about to be 2 suspended or shall become subject to suspension under the 3 provisions of sections 321A.12 to , this section, and sections 4 321A.14 through 321A.29 may be relieved from the effect of such 5 judgment as hereinbefore prescribed in said sections by filing 6 with the department an affidavit stating that at the time of 7 the accident upon which such judgment has been rendered the 8 affiant was insured, that the insurer is liable to pay such 9 judgment, and the reason, if known, why such insurance company 10 has not paid such judgment. Such a person shall also file 11 the original policy of insurance or a certified copy thereof, 12 if available, and such other documents as the department may 13 require to show that the loss, injury, or damage for which such 14 judgment was rendered, was covered by such policy of insurance. 15 If the department is satisfied from such papers that such 16 insurer was authorized to issue such policy of insurance at the 17 time and place of issuing such policy and that such insurer is 18 liable to pay such judgment, at least to the extent and for 19 the amounts required in this chapter , the department shall not 20 suspend such license or registration or nonresident’s operating 21 privilege, or if already suspended shall reinstate them. 22 Sec. 88. Section 321J.17, subsection 3, Code 2014, is 23 amended to read as follows: 24 3. The department shall also require certification of 25 installation of an ignition interlock device of a type approved 26 by the commissioner of public safety on all motor vehicles 27 owned or operated by any person seeking reinstatement following 28 a second or subsequent revocation under section 321J.4 , 29 321J.9 , or 321J.12 . The requirement for the installation of 30 an approved ignition interlock device shall be for one year 31 from the date of reinstatement unless a longer time period 32 is required by statute. The one-year period a person is 33 required to maintain an ignition interlock device under this 34 subsection shall be reduced by any period of time the person 35 -35- LSB 5493HV (2) 85 lh/nh 35/ 98
H.F. 2423 held a valid temporary restricted license during the period 1 of the revocation for the occurrence from which the arrest 2 arose. The person shall not operate any motor vehicle which 3 is not equipped with an approved ignition interlock device 4 during the period in which an ignition interlock device must be 5 maintained, and the department shall not grant reinstatement 6 unless the person certifies installation of an ignition 7 interlock device as required in this subsection . 8 Sec. 89. Section 331.301, subsection 6, paragraph b, Code 9 2014, is amended to read as follows: 10 b. A county shall not impose any fee or charge on any 11 individual or business licensed by the plumbing and mechanical 12 systems board for the right to perform plumbing, mechanical, 13 HVAC, refrigeration, sheet metal, or hydronic systems work 14 within the scope of the license. This paragraph does not 15 prohibit a county from charging fees for the issuance of 16 permits for, and inspections of, work performed in its 17 jurisdiction. 18 Sec. 90. Section 364.3, subsection 3, paragraph b, Code 19 2014, is amended to read as follows: 20 b. A city shall not impose any fee or charge on any 21 individual or business licensed by the plumbing and mechanical 22 systems board for the right to perform plumbing, mechanical, 23 HVAC, refrigeration, sheet metal, or hydronic systems work 24 within the scope of the license. This paragraph does not 25 prohibit a city from charging fees for the issuance of permits 26 for, and inspections of, work performed in its jurisdiction. 27 Sec. 91. Section 384.3A, subsection 3, paragraph j, Code 28 2014, is amended to read as follows: 29 j. For franchise fees assessed and collected by a city in 30 excess of five percent of gross revenues generated from sales 31 of the franchisee within the city pursuant to section 364.2, 32 subsection 4 , paragraph “f” , subparagraph (1), subparagraph 33 division (b), during fiscal years beginning on or after July 34 1, 2013, but before July 1, 2030, the adjustment, renewal, 35 -36- LSB 5493HV (2) 85 lh/nh 36/ 98
H.F. 2423 or extension of any part or all of the legal indebtedness of 1 a city, whether evidenced by bonds, warrants, court-approved 2 settlements, court-approved compromises, or judgments, or the 3 funding or refunding of the same, if such legal indebtedness 4 relates to restitution, a refund, or a return ordered by a 5 court of competent jurisdiction for franchise fees assessed and 6 collected by the city before June 30 20 , 2013. This paragraph 7 “j” is repealed July 1, 2030. 8 Sec. 92. Section 422.32, subsection 1, Code 2014, is amended 9 by adding the following new paragraph: 10 NEW PARAGRAPH . 0g. “Income from sources within this state” 11 means income from real, tangible, or intangible property 12 located or having a situs in this state. 13 Sec. 93. Section 422.33, subsection 1, unnumbered paragraph 14 2, Code 2014, is amended by striking the unnumbered paragraph. 15 Sec. 94. Section 423A.6, subsection 1, Code 2014, is amended 16 to read as follows: 17 1. The director of revenue shall administer the state and 18 local hotel and motel tax as nearly as possible in conjunction 19 with the administration of the state sales tax law, except 20 that portion of the law which implements the streamlined sales 21 and use tax agreement. The director shall provide appropriate 22 forms, or provide on the regular state tax forms, for reporting 23 state and local hotel and motel tax liability. All moneys 24 received or refunded one hundred eighty days after the date 25 on which a city or county terminates its local hotel and 26 motel tax and all moneys received from the state hotel and 27 motel tax shall be deposited in or withdrawn from the general 28 fund of the state. Beginning the first day of the calendar 29 quarter beginning on the reinvestment district’s commencement 30 date, the director of revenue shall, subject to remittance 31 limitations established by the economic development authority 32 board pursuant to section 15J.4, subsection 3 , transfer from 33 the general fund of the state to a district account created 34 in the state reinvestment district fund for each reinvestment 35 -37- LSB 5493HV (2) 85 lh/nh 37/ 98
H.F. 2423 district established under chapter 15J , the amount of the new 1 state hotel and motel tax revenue, determined in section 15J.5, 2 subsection 2 , paragraph “b” , in the district. Such transfers 3 shall cease pursuant to section 15J.8 . 4 Sec. 95. Section 433.2, Code 2014, is amended to read as 5 follows: 6 433.2 Additional statement. 7 Upon the receipt of said the statements required in section 8 433.1 from the several companies, the director of revenue 9 shall examine said the statements and if . If the director 10 shall deem deems the same statements insufficient and that 11 further information is requisite, the director shall require 12 the officer making same the statements to make such other or 13 further statement as the director may desire. 14 Sec. 96. Section 433.4, subsection 1, Code 2014, is amended 15 to read as follows: 16 1. The director of revenue shall on or before October 31 17 each year, proceed to find the actual value of the property 18 of these telegraph and telephone companies in this state that 19 is used by the companies in the transaction of telegraph and 20 telephone business, taking into consideration the information 21 obtained from the statements required, and any further 22 information the director can obtain, using the same as a means 23 for determining the actual value of the property of these the 24 companies within this state. The director shall also take 25 into consideration the valuation of all property of these the 26 companies, including franchises and the use of the property 27 in connection with lines outside the state, and making these 28 deductions as may be necessary on account of extra value of 29 property outside the state as compared with the value of 30 property in the state, in order that the actual value of the 31 property of the company within this state may be ascertained. 32 The assessment shall include all property of every kind 33 and character whatsoever, real, personal, or mixed, used by 34 the companies in the transaction of telegraph and telephone 35 -38- LSB 5493HV (2) 85 lh/nh 38/ 98
H.F. 2423 business. The property so included in the assessment shall not 1 be taxed in any other manner than as provided in this chapter . 2 Sec. 97. Section 437A.3, subsection 18, paragraph a, 3 subparagraph (2), Code 2014, is amended to read as follows: 4 (2) An electric power generating plant where the 5 acquisition cost of all interests acquired exceeds ten million 6 dollars. For purposes of this paragraph subparagraph , “electric 7 power generating plant” means each nameplate rated electric 8 power generating plant owned solely or jointly by any person 9 or electric power facility financed under the provisions of 10 chapter 28F or 476A in which electrical energy is produced from 11 other forms of energy, including all equipment used in the 12 production of such energy through its step-up transformer. 13 Sec. 98. Section 441.4, Code 2014, is amended to read as 14 follows: 15 441.4 Removal of member. 16 A member of this examining board may be removed by the 17 voting unit of the conference board by which the member was 18 appointed but only after specific charges have been filed and a 19 public hearing held, if a public hearing is requested by the 20 discharged member of the board. Subsequent appointments and an 21 appointment to fill a vacancy shall be made in the same way as 22 the original appointment. 23 Sec. 99. Section 452A.6A, subsection 2, Code 2014, is 24 amended to read as follows: 25 2. A refiner, supplier, terminal operator, or terminal 26 owner who in the ordinary course of business sells or 27 transports a conventional blendstock for oxygenate blending, 28 gasoline unblended or blended with a biofuel, or diesel fuel 29 unblended or blended with a biofuel shall not refuse to sell 30 or transport to a distributor or dealer any conventional 31 blendstock for oxygenate blending, unblended gasoline, or 32 unblended diesel fuel that is at the terminal, based on the 33 distributor’s or dealer’s intent to use the conventional 34 blendstock for oxygenate blending , or to blend the gasoline or 35 -39- LSB 5493HV (2) 85 lh/nh 39/ 98
H.F. 2423 diesel fuel with a biofuel. 1 Sec. 100. Section 455A.20, subsection 2, Code 2014, is 2 amended to read as follows: 3 2. The duties of the county resource enhancement committee 4 are to coordinate the resource enhancement program, plans, and 5 proposed projects developed by cities, county conservation 6 board, and soil and water conservation district commissioners 7 for funding under this division subchapter . The county 8 committee shall review and comment upon all projects before 9 they are submitted for funding under section 455A.19 . Each 10 county committee shall propose a five-year program plan which 11 includes a one-year proposed expenditure plan and submit it to 12 the department. 13 Sec. 101. Section 461.1, Code 2014, is amended to read as 14 follows: 15 461.1 Title. 16 This Act chapter shall be known and may be cited as the 17 “Natural Resources and Outdoor Recreation Act” . 18 Sec. 102. Section 462A.49, Code 2014, is amended to read as 19 follows: 20 462A.49 Prohibited use of “applied for” card. 21 No A manufacturer or dealer shall not permit the use of such 22 a “registration applied for” card unless an application for a 23 registration certificate has been made. 24 Sec. 103. Section 462A.77, subsections 4 and 9, Code 2014, 25 are amended to read as follows: 26 4. Every owner of a vessel subject to titling under this 27 chapter shall apply to the county recorder for issuance of 28 a certificate of title for the vessel within thirty days 29 after acquisition. The application shall be on forms the 30 department prescribes, and accompanied by the required 31 fee. The application shall be signed and sworn to before a 32 notarial officer as provided in chapter 9B or other person 33 who administers oaths, or shall include a certification 34 signed in writing containing substantially the representation 35 -40- LSB 5493HV (2) 85 lh/nh 40/ 98
H.F. 2423 that statements made are true and correct to the best of the 1 applicant’s knowledge, information, and belief, under penalty 2 of perjury. The application shall contain the date of sale 3 and gross price of the vessel or the fair market value if no 4 sale immediately preceded the transfer, and any additional 5 information the department requires. If the application 6 is made for a vessel last previously registered or titled 7 in another state or foreign country, it shall contain this 8 information and any other information the department requires. 9 9. A person who owns a vessel which is not required to have 10 a certificate of title may apply for and receive a certificate 11 of title for the vessel and the vessel shall subsequently be 12 subject to the requirements of this division subchapter as 13 though the vessel was required to be titled. 14 Sec. 104. Section 466.9, subsection 1, Code 2014, is amended 15 to read as follows: 16 1. An on-site wastewater systems assistance fund is 17 established as a separate fund in the state treasury under the 18 control of the department of natural resources . Moneys in the 19 fund are appropriated to the department of natural resources 20 for the exclusive purpose of supporting and administering the 21 on-site wastewater systems assistance program as established 22 in section 466.8 . 23 Sec. 105. Section 466.9, subsection 3, paragraph a, 24 subparagraph (1), Code 2014, is amended to read as follows: 25 (1) The financing account which shall be used for the 26 exclusive purpose of providing financing to homeowners with 27 for improving on-site wastewater systems under the on-site 28 wastewater systems assistance program. 29 Sec. 106. Section 468.69, Code 2014, is amended to read as 30 follows: 31 468.69 Bonds received for assessments. 32 Bonds issued for the cost of construction, maintenance , or 33 repair of any drainage or levee district, or for the refunding 34 of any obligation of such district , may be acquired by any 35 -41- LSB 5493HV (2) 85 lh/nh 41/ 98
H.F. 2423 taxpayer or group of taxpayers of such district , and applied 1 at their face value in the order of their priority, if any 2 priority exists between bonds of the same issue, upon the 3 payment of the delinquent and/or or future assessments levied 4 against the property of such taxpayers to pay off the bonds so 5 acquired ; the . The interest coupons attached to such bonds , 6 may likewise be applied at their face value to the payment of 7 assessments for interest accounts, delinquent or future. 8 Sec. 107. Section 490.728, subsection 1, Code 2014, is 9 amended to read as follows: 10 1. Unless otherwise provided in the articles of 11 incorporation, directors are elected by a plurality of the 12 votes cast by the shares entitled to vote be voted in the 13 election at a meeting at which a quorum is present. 14 Sec. 108. Section 490.728, subsection 4, unnumbered 15 paragraph 1, Code 2014, is amended to read as follows: 16 Shares otherwise entitled to vote be voted cumulatively 17 shall not be voted cumulatively at a particular meeting unless 18 any of the following applies: 19 Sec. 109. Section 490.860, subsection 6, paragraph b, Code 20 2014, is amended to read as follows: 21 b. If the transaction is not brought before the board of 22 directors of the corporation, or its committee, for action 23 under section 490.862 , at the time at which the corporation, 24 or an entity controlled by the corporation, becomes legally 25 obligated to consummate the transaction. 26 Sec. 110. Section 499.66, subsection 2, paragraph c, Code 27 2014, is amended to read as follows: 28 c. The fair value of a dissenting member’s interest in the 29 old association shall be determined as of the day preceding 30 the merger or consolidation by taking the lesser of either 31 the issue price of the dissenting member’s membership, common 32 stock, deferred patronage dividends, and preferred stock, or 33 the amount determined by subtracting the old association’s 34 debts from the fair market value of the old association’s 35 -42- LSB 5493HV (2) 85 lh/nh 42/ 98
H.F. 2423 assets, dividing the remainder by the total issue price of 1 all memberships, common stock, preferred stock, and revolving 2 funds, and then multiplying the quotient from this division 3 equation by the total issue price of a dissenting member’s 4 membership, common stock, preferred stock, and revolving fund 5 interest. 6 Sec. 111. Section 501.616, subsection 3, Code 2014, is 7 amended to read as follows: 8 3. The fair value of a dissenting member’s interest in the 9 old cooperative shall be determined as of the day preceding 10 the merger or consolidation by taking the lesser of either the 11 issue price of the dissenting member’s membership, deferred 12 patronage, and any other interests in the cooperative, or 13 the amount determined by subtracting the old cooperative’s 14 debts from the fair market value of the old cooperative’s 15 assets, dividing the remainder by the total issue price of all 16 memberships, deferred patronage, and all other interests, and 17 then multiplying the quotient from this division equation by 18 the total issue price of a dissenting member’s membership, 19 deferred patronage, and other interests. 20 Sec. 112. Section 501B.7, subsection 7, Code 2014, is 21 amended to read as follows: 22 7. A statement of authority filed by in the office of the 23 county recorder as provided in subsection 2 is effective until 24 amended or canceled, unless an earlier cancellation date is 25 specified in the statement. 26 Sec. 113. Section 502.412, subsection 3, Code 2014, is 27 amended to read as follows: 28 3. Disciplinary penalties —— registrants. If the 29 administrator finds that the order is in the public interest 30 and subsection 4 , paragraphs “a” through “f” , “h” , “i” , “j” , 31 “l” , or “m” , authorizes the action, an order under this chapter 32 may censure, impose a bar, or impose a civil penalty in an 33 amount not to exceed a maximum of ten thousand dollars for 34 a single violation or one million dollars for more than one 35 -43- LSB 5493HV (2) 85 lh/nh 43/ 98
H.F. 2423 violation, or in an amount as agreed to by the parties, on 1 a registrant, and, if the registrant is a broker-dealer or 2 investment adviser, on a partner, officer, director, or person 3 having a similar status or performing similar functions, 4 or on a person directly or indirectly in control, of the 5 broker-dealer or investment adviser. 6 Sec. 114. Section 508C.3, subsection 1, paragraph e, Code 7 2014, is amended by striking the paragraph. 8 Sec. 115. Section 508C.3, subsection 1, paragraph f, Code 9 2014, is amended to read as follows: 10 f. Coverage under this chapter shall be provided to a A 11 person who is a resident of this state and, only in special 12 circumstances, to a nonresident. In order to avoid duplicate 13 coverage, if a person who would otherwise receive coverage 14 under this chapter is provided coverage under the laws of 15 any other state, that person shall not be provided coverage 16 under this chapter . In determining the application of the 17 provisions of this paragraph in situations where a person could 18 be provided coverage by the association of more than one state, 19 whether as an owner, payee, beneficiary, or assignee, this 20 chapter shall be construed in conjunction with other state laws 21 to result in coverage by the association of only one state. 22 Sec. 116. Section 508C.3, Code 2014, is amended by adding 23 the following new subsection: 24 NEW SUBSECTION . 2A. Coverage under this chapter shall not 25 be provided to any of the following: 26 a. A person who is a payee, or the beneficiary of a payee 27 if the payee is deceased, of a contract owner who is a resident 28 of this state, if the payee or the beneficiary of the payee is 29 provided any coverage by the association of another state. 30 b. A person who is covered pursuant to subsection 1, 31 paragraph “c” if that person is provided any coverage by the 32 association of another state. 33 Sec. 117. Section 514I.8, subsection 2, paragraph c, Code 34 2014, is amended to read as follows: 35 -44- LSB 5493HV (2) 85 lh/nh 44/ 98
H.F. 2423 c. Is a member of a family whose income does not exceed 1 three hundred percent of the federal poverty level, as defined 2 in 42 U.S.C. § 9902(2), including any revision required by 3 such section, and in accordance with the federal Children’s 4 Health Insurance Program Reauthorization Act of 2009, Pub. L. 5 No. 111-3. The modified adjusted gross income methodology 6 prescribed in section 2101 of the federal Patient Protection 7 and Affordable Care Act, Pub. L. No. 111-148, shall be used to 8 determine family income under this paragraph. 9 Sec. 118. Section 515.35, subsection 4, paragraphs n and o, 10 Code 2014, are amended to read as follows: 11 n. Other investments. 12 (1) A company organized under this chapter may invest up to 13 five percent of its admitted assets in securities or property 14 of any kind, without restrictions or limitations except those 15 imposed on business corporations in general. 16 (2) A company organized under this chapter may invest 17 its assets in any additional forms not specifically included 18 in paragraphs “a” through “o” “m” and this paragraph when 19 authorized by rules adopted by the commissioner. 20 o. Rules. The commissioner may adopt rules pursuant to 21 chapter 17A to carry out the purposes and provisions of this 22 section . 23 Sec. 119. Section 515.35, Code 2014, is amended by adding 24 the following new subsection: 25 NEW SUBSECTION . 5. Rules. The commissioner may adopt 26 rules pursuant to chapter 17A to carry out the purposes and 27 provisions of this section. 28 Sec. 120. Section 521B.104, subsection 2, paragraph b, Code 29 2014, is amended to read as follows: 30 b. Is regulated, supervised, and examined by United States 31 federal or state authorities having regulatory authority over 32 banks and trust companies. 33 Sec. 121. Section 535.2, subsection 1, unnumbered paragraph 34 1, Code 2014, is amended to read as follows: 35 -45- LSB 5493HV (2) 85 lh/nh 45/ 98
H.F. 2423 Except as provided in subsection 2 hereof , the rate of 1 interest shall be five cents on the hundred by the year in the 2 following cases, unless the parties shall agree in writing 3 for the payment of interest at a rate not exceeding the rate 4 permitted by subsection 3 : 5 Sec. 122. Section 543B.20, Code 2014, is amended to read as 6 follows: 7 543B.20 Examination. 8 Examinations for registration a license shall be given as 9 often as deemed necessary by the real estate commission, but 10 no less than one time per year. Each applicant for a license 11 must pass an examination authorized by the commission and 12 administered by the commission or persons designated by the 13 commission. The examination shall be of scope and wording 14 sufficient in the judgment of the commission to establish 15 the competency of the applicant to act as a real estate 16 broker or salesperson in a manner to protect the interests of 17 the public. An examination for a real estate broker shall 18 be of a more exacting nature than that for a real estate 19 salesperson and require higher standards of knowledge of real 20 estate. The identity of the persons taking the examinations 21 shall be concealed until after the examination has been 22 graded. A person who fails to pass either examination once 23 may immediately apply to take the next available examination. 24 Thereafter, the applicant may take the examination at the 25 discretion of the commission. An applicant who has failed 26 either examination may request in writing information from the 27 commission concerning the applicant’s examination grade and 28 subject areas or questions which the applicant failed to answer 29 correctly, except that if the commission administers a uniform, 30 standardized examination, the commission is only required to 31 provide the examination grade and other information concerning 32 the applicant’s examination results which is available to the 33 commission. 34 Sec. 123. Section 543B.46, subsections 2 and 3, Code 2014, 35 -46- LSB 5493HV (2) 85 lh/nh 46/ 98
H.F. 2423 are amended to read as follows: 1 2. Each broker shall notify the real estate commission of 2 the name of each bank or , savings association , or credit union 3 in which a trust account is maintained and also the name of the 4 account on forms provided therefor. 5 3. Each broker shall authorize the real estate commission to 6 examine each trust account and shall obtain the certification 7 of the bank or , savings association , or credit union attesting 8 to each trust account and consenting to the examination and 9 audit of each account by a duly authorized representative 10 of the commission. The certification and consent shall 11 be furnished on forms prescribed by the commission. This 12 subsection does not apply to an individual farm account 13 maintained in the name of the owner or owners for the purpose 14 of conducting ongoing farm business whether it is conducted by 15 the farm owner or by an agent or farm manager when the account 16 is part of a farm management agreement between the owner and 17 agent or manager. This subsection also does not apply to an 18 individual property management account maintained in the name 19 of the owner or owners for the purpose of conducting ongoing 20 property management whether it is conducted by the property 21 owner or by an agent or manager when the account is part of a 22 property management agreement between the owner and agent or 23 manager. 24 Sec. 124. Section 554.3312, subsection 2, paragraph a, Code 25 2014, is amended to read as follows: 26 a. The claim becomes enforceable at the later of (i) the 27 time the claim is asserted, or (ii) the ninetieth day following 28 the date of the check, in the case of a cashier’s check or 29 teller’s check, or the ninetieth day following the date of the 30 acceptance, in the case of a certified check. 31 Sec. 125. Section 554.3504, subsection 1, Code 2014, is 32 amended to read as follows: 33 1. Presentment for payment or acceptance of an instrument 34 is excused if the person entitled to present the instrument 35 -47- LSB 5493HV (2) 85 lh/nh 47/ 98
H.F. 2423 cannot with reasonable diligence make presentment , ; the maker 1 or acceptor has repudiated an obligation to pay the instrument 2 or is dead or in insolvency proceedings , ; by the terms of 3 the instrument presentment is not necessary to enforce the 4 obligation of endorsers or the drawer , ; the drawer or endorser 5 whose obligation is being enforced has waived presentment or 6 otherwise has no reason to expect or right to require that the 7 instrument be paid or accepted , ; or the drawer instructed the 8 drawee not to pay or accept the draft or the drawee was not 9 obligated to the drawer to pay the draft. 10 Sec. 126. Section 554.9502, subsection 3, paragraph c, Code 11 2014, is amended to read as follows: 12 c. the record satisfies the requirements for a financing 13 statement in this section , but : 14 (1) the record need not indicate that it is to be filed in 15 the real property records; and 16 (2) the record sufficiently provides the name of a debtor 17 who is an individual if it provides the individual name of the 18 debtor or the surname and first personal name of the debtor, 19 even if the debtor is an individual to whom section 554.9503, 20 subsection 1 , paragraph “d” applies; and 21 Sec. 127. Section 559.2, unnumbered paragraph 1, Code 2014, 22 is amended to read as follows: 23 The term “power to appoint” as used in section 559.1 this 24 chapter , shall mean and include all powers which are in 25 substance and effect powers of appointment, regardless of the 26 language used in creating them and whether they are: 27 Sec. 128. Section 572.13A, subsection 3, paragraphs a and c, 28 Code 2014, are amended to read as follows: 29 a. At the time a notice of commencement of work is posted 30 on the mechanics’ notice and lien registry internet site, 31 the administrator shall assign a mechanics’ notice and lien 32 registry number and send a copy of the owner notice described 33 in section 572.13 . The owner notice shall contain the 34 following language: 35 -48- LSB 5493HV (2) 85 lh/nh 48/ 98
H.F. 2423 Persons or companies furnishing labor or materials for the 1 improvement of real property may enforce a lien upon the 2 improved property if they are not paid for their contributions, 3 even if the parties have no direct contractual relationship 4 with the owner. The mechanics’ notice and lien registry 5 internet site provides a listing of all persons or companies 6 furnishing labor or materials who have posted a lien or who 7 may post a lien upon the improved property. If the person or 8 company has posted its notice or lien to the mechanics’ notice 9 and lien registry internet site , you may be required to pay the 10 person or company even if you have paid the general contractor 11 the full amount due. Therefore, check the mechanics’ notice 12 and lien registry internet site for information about the 13 property including persons or companies furnishing labor or 14 materials before paying your general contractor. In addition, 15 when making payment to your general contractor, it is important 16 to obtain lien waivers from your general contractor and 17 from persons or companies registered as furnishing labor or 18 materials to your property. The information in the mechanics’ 19 notice and lien registry is posted on the internet site of the 20 mechanics’ notice and lien registry. 21 c. The notice described in subsection 1 shall be sent 22 to the owner’s address as posted to the mechanics’ notice 23 and lien registry internet site by the general contractor, 24 owner-builder, or subcontractor. If the owner’s address is 25 different than the property address, a copy of the notice shall 26 also be sent to the property address, addressed to the owner 27 if a mailing address has been assigned to the property by the 28 United States postal service. 29 Sec. 129. Section 572.13B, subsection 2, Code 2014, is 30 amended to read as follows: 31 2. At the time a preliminary notice is posted to the 32 mechanics’ notice and lien registry internet site , the 33 administrator shall send notification to the owner, including 34 the owner notice described in section 572.13, subsection 1 , 35 -49- LSB 5493HV (2) 85 lh/nh 49/ 98
H.F. 2423 and shall post the mailing of the notice on the mechanics’ 1 notice and lien registry internet site as prescribed by the 2 administrator pursuant to rule. Notices under this section 3 shall not be sent to owner-builders. Upon request, the 4 administrator shall provide proof of service at no cost for the 5 notice required under this section . 6 Sec. 130. Section 572.33A, subsection 1, unnumbered 7 paragraph 1, Code 2014, is amended to read as follows: 8 An owner of a building, land, or improvement upon which 9 a mechanic’s lien of a subcontractor may be posted , is not 10 required to pay the general contractor for compensation for 11 work done or material furnished for the building, land, or 12 improvement until the expiration of ninety days after the 13 completion of the building or improvement unless the general 14 contractor furnishes to the owner one of the following: 15