House File 417 AN ACT RELATING TO NONSUBSTANTIVE CODE CORRECTIONS. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: DIVISION I MISCELLANEOUS CHANGES Section 1. Section 8.6, subsection 8, Code 2013, is amended to read as follows: 8. Rules. To make such rules, subject to the approval of the governor, as may be necessary for effectively carrying on the work of the department of management. The director may, with the approval of the executive council, require any state official, agency, department , or commission, to require any applicant, registrant, filer, permit holder , or license holder, whether individual, partnership, trust , or corporation, to submit to said official, agency, department , or commission, the social security number or the tax number or both so assigned to said individual, partnership, trust , or corporation. Sec. 2. Section 8.32, Code 2013, is amended to read as follows: 8.32 Conditional availability of appropriations. 1. All appropriations made to any department or establishment of the government as receive or collect moneys available for expenditure by them under present laws, are declared to be in addition to such repayment receipts, and such appropriations are to be available as and to the extent that such receipts are insufficient to meet the costs of administration, operation, and maintenance, or public improvements of such departments: a. Provided, that such receipts or collections shall be deposited in the state treasury as part of the general fund or
House File 417, p. 2 special funds in all cases, except those collections made by the state fair board, the institutions under the state board of regents , and the natural resource commission. b. Provided further, that no repayment receipts shall be available for expenditures until allotted as provided in section 8.31 ; and c. Provided further, that the collection of repayment receipts by the state fair board and the institutions under the state board of regents shall be deposited in a bank or banks duly designated and qualified as state depositories, in the name of the state of Iowa, for the use of such boards and institutions, and such funds shall be available only on the check of such boards or institutions depositing them, which are hereby authorized to withdraw such funds, but only after allotment by the governor as provided in section 8.31 ; and d. Provided further, that this chapter shall not apply to endowment or private trust funds or to gifts to institutions owned or controlled by the state or to the income from such endowment or private trust funds, or to private funds belonging to students or inmates of state institutions. 2. The provisions of this chapter shall not be construed to prohibit the state fair board from creating an emergency or sinking fund out of the receipts of the state fair and state appropriation for the purpose of taking care of any emergency that might arise beyond the control of the board of not to exceed three hundred thousand dollars. Neither shall this chapter be construed to prohibit the state fair board from retaining an additional sum of not to exceed three hundred fifty thousand dollars to be used in carrying out the provisions of chapter 173 . Sec. 3. Section 8D.5, subsection 1, Code 2013, is amended to read as follows: 1. a. An education telecommunications council is established. The council consists of eighteen members and shall include the following: two (1) Two persons appointed by the state board of regents ; two . (2) Two persons appointed by the Iowa association of community college trustees ; two . (3) Two persons appointed by the area education agency boards ; two . (4) Two persons appointed by the Iowa association of school boards ; two .
House File 417, p. 3 (5) Two persons appointed by the school administrators of Iowa ; two . (6) Two persons appointed by the Iowa association of independent colleges and universities ; two . (7) Two persons appointed by the Iowa state education association ; three . (8) Three persons appointed by the director of the department of education including one person representing libraries and one person representing the Iowa association of nonpublic school administrators ; and one . (9) One person appointed by the administrator of the public broadcasting division of the department of education. b. The council shall establish scheduling and site usage policies for educational users of the network, coordinate the activities of the regional telecommunications councils, and develop proposed rules and changes to rules for recommendation to the commission. The council shall also recommend long-range plans for enhancements needed for educational applications. c. Administrative support and staffing for the council shall be provided by the department of education. Sec. 4. Section 15.107, subsection 5, paragraph a, Code 2013, is amended to read as follows: a. That the corporation review reviews and, at the board’s direction, implement implements the applicable portions of the strategic plan developed by members of the authority pursuant to section 15.105 . Sec. 5. Section 16.6, subsection 2, Code 2013, is amended to read as follows: 2. The executive director shall advise the authority on matters relating to housing and housing finance, carry out all directives from the authority, and hire and supervise the authority’s staff pursuant to its directions. All employees of the authority are exempt from the merit system provisions of chapter 8A, subchapter IV . Sec. 6. Section 16.27, subsection 4, Code 2013, is amended to read as follows: 4. The authority shall cause to be delivered to the legislative fiscal committee within ninety days of the close of its fiscal year its annual report certified by an independent certified public accountant , ( who may be the accountant or a member of the firm of accountants who regularly audits the books and accounts of the authority ) , selected by the authority.
House File 417, p. 4 Sec. 7. Section 24.2, subsection 3, Code 2013, is amended to read as follows: 3. The words “fiscal year” shall mean the period of twelve months beginning on July 1 and ending on the thirtieth day of June. The fiscal year of cities, counties, and other political subdivisions of the state shall begin July 1 and end the following June 30. The fiscal year of cities, counties, and other political subdivisions of the state shall begin July 1 and end the following June 30. Sec. 8. Section 28A.24, Code 2013, is amended to read as follows: 28A.24 Exemption from taxation. Since an authority is performing essential governmental functions, an authority is not required to pay any taxes or assessments of any kind or nature upon any property required or used by it for its purposes, or any rates, fees, rentals, receipts, or incomes at any time received by it, and the bonds issued by an authority, their transfer, and the income, including any profits made on the sale of the bonds, is deductible in determining net income for the purposes of the state individual and corporate income tax under chapter 422, divisions II and III of chapter 422 , and shall not be taxed by any political subdivision of this state. Sec. 9. Section 28E.2, Code 2013, is amended to read as follows: 28E.2 Definitions. For the purposes of this chapter , the term “public agency” : 1. Private agency” shall mean an individual and any form of business organization authorized under the laws of this or any other state. 2. “Public agency” shall mean any political subdivision of this state; any agency of the state government or of the United States; and any political subdivision of another state. The term “state” 3. “State” shall mean a state of the United States and the District of Columbia. The term “private agency” shall mean an individual and any form of business organization authorized under the laws of this or any other state. Sec. 10. Section 29A.15, Code 2013, is amended to read as follows: 29A.15 State awards and decorations. The adjutant general, from the funds appropriated for the
House File 417, p. 5 support and maintenance of the national guard, shall procure and issue to the members of the national guard merit or service badges or other appropriate awards for service under regulations and according to the design and pattern determined by the adjutant general. Members of the national guard who, by order of the president, serve in federal forces during a national emergency, may count the period of that federal active duty toward the procurement of a service badge. Sec. 11. Section 29C.17, subsection 2, unnumbered paragraph 1, Code 2013, is amended to read as follows: For the purposes consistent with this chapter , the local emergency management agency’s approved budget shall be funded by one or any combination of the following options, as determined by the commission: Sec. 12. Section 34A.6, subsection 1, Code 2013, is amended to read as follows: 1. Before a joint E911 service board may request imposition of the wire-line E911 service surcharge by the program manager, the board shall submit the following question to voters, as provided in subsection 2 , in the proposed E911 service area, and the question shall receive a favorable vote from a simple majority of persons submitting valid ballots on the following question within the proposed E911 service area: Shall the following public measure be adopted? YES .... NO .... Enhanced 911 emergency telephone service shall be funded, in whole or in part, by a monthly surcharge of (an amount determined by the local joint E911 service board of up to one dollar) on each telephone access line collected as part of each telephone subscriber’s monthly phone bill if provided within (description of the proposed E911 service area). Sec. 13. Section 34A.7A, subsection 2, paragraph b, Code 2013, is amended to read as follows: b. The program manager shall reimburse communication communications service providers on a calendar quarter basis for carriers’ eligible expenses for transport costs between the selective router and the public safety answering points related to the delivery of wireless E911 phase 1 services. Sec. 14. Section 49.80, subsection 2, Code 2013, is amended to read as follows: 2. a. In case of any challenges of an elector at the time the person is offering to vote in a precinct, a precinct
House File 417, p. 6 election official may place such person under oath and question the person as , (a) where to the following: (1) Where the person maintains the person’s home ; (b) how . (2) How long the person has maintained the person’s home at such place ; (c) if . (3) If the person maintains a home at any other location ; (d) the . (4) The person’s age. b. The precinct election official may permit the challenger to participate in such questions. The challenged elector shall be allowed to present to the official such evidence and facts as the elector feels sustains the fact that the person is qualified to vote. Upon completion thereof, if the challenge is withdrawn, the elector may cast the vote in the usual manner. If the challenge is not withdrawn, section 49.81 shall apply. Sec. 15. Section 50.20, Code 2013, is amended to read as follows: 50.20 Notice of number of provisional ballots. The commissioner shall compile a list of the number of provisional ballots cast under section 49.81 in each precinct. The list shall be made available to the public as soon as possible, but in no case later than nine o’clock 9:00 a.m. on the second day following the election. Any elector may examine the list during normal office hours, and may also examine the affidavit envelopes bearing the ballots of challenged electors until the reconvening of the special precinct board as required by this chapter . Only those persons so permitted by section 53.23, subsection 4 , shall have access to the affidavits while that board is in session. Any elector may present written statements or documents, supporting or opposing the counting of any provisional ballot, at the commissioner’s office until the reconvening of the special precinct board. Sec. 16. Section 53.45, subsection 1, paragraph a, unnumbered paragraph 1, Code 2013, is amended to read as follows: As provided in this section , the commissioner shall provide special absentee ballots to be used for state general elections. A special absentee ballot shall only be provided to an eligible elector who completes an application stating both of the following to the best of the eligible elector’s belief: Sec. 17. Section 68A.604, Code 2013, is amended to read as follows:
House File 417, p. 7 68A.604 Funds. Any candidate for a partisan public office, except as otherwise provided by section 68A.103, subsection 2 , may receive campaign funds from the Iowa election campaign fund through the state central committee of the candidate’s political party. However, the state central committee of each political party shall have discretion as to which of the party’s candidates for public office shall be allocated campaign funds out of money received by that party from the Iowa election campaign fund. Sec. 18. Section 88.8, subsection 2, Code 2013, is amended to read as follows: 2. Noncompliance notice. If the commissioner has reason to believe that an employer has failed to correct the violation for which a citation has been issued within the period permitted for its correction , ( which period shall not begin to run until the entry of a final order by the appeal board in the case of any review proceedings under this section initiated by the employer in good faith and not solely for delay or avoidance of penalties ) , the commissioner shall notify the employer by service in the same manner as an original notice or by certified mail of the failure and of the penalty proposed to be assessed under section 88.14 by reason of the failure, and that the employer has fifteen working days within which to notify the commissioner that the employer wishes to contest the commissioner’s notification or the proposed assessment of penalty. If, within fifteen working days from the receipt of notification issued by the commissioner, the employer fails to notify the commissioner that the employer intends to contest the notification or proposed assessment of penalty, the notification and assessment, as proposed, shall be deemed the final order of the appeal board and not subject to review by any court or agency. Sec. 19. Section 88.19, Code 2013, is amended to read as follows: 88.19 Annual report. Within one hundred twenty days following the convening of each session of each general assembly, the commissioner shall prepare and submit to the governor for transmittal to the general assembly a report upon the subject matter of this chapter , the progress toward achievement of the purpose of this chapter , the needs and requirements in the field of occupational safety and health, and any other relevant
House File 417, p. 8 information. Such The reports may include information regarding occupational the following: 1. Occupational safety and health standards, and criteria for such standards, developed during the preceding year ; evaluation . 2. Evaluation of standards and criteria previously developed under this chapter , defining areas of emphasis for new criteria and standards ; evaluation . 3. Evaluation of the degree of observance of applicable occupational safety and health standards, and a summary of inspection and enforcement activity undertaken ; analysis . 4. Analysis and evaluation of research activities for which results have been obtained under governmental and nongovernmental sponsorship ; an . 5. An analysis of major occupational diseases ; evaluation . 6. Evaluation of available control and measurement technology for hazards for which standards or criteria have been developed during the preceding year ; a . 7. A description of cooperative efforts undertaken between government agencies and other interested parties in the implementation of this chapter during the preceding year ; a . 8. A progress report on the development of an adequate supply of trained personnel in the field of occupational safety and health, including estimates of future needs and the efforts being made by government and others to meet those needs ; a . 9. A listing of all toxic substances in industrial usage for which labeling requirements, criteria, or standards have not yet been established ; and such . 10. Such recommendations for additional legislation as are deemed necessary to protect the safety and health of the worker and improve the administration of this chapter . Sec. 20. Section 96.13, subsection 2, Code 2013, is amended to read as follows: 2. Replenishment of lost funds. If any moneys received after June 30, 1941, from the social security board administration under Tit. III of the Social Security Act, or any unencumbered balances in the unemployment compensation administration fund as of that date, or any moneys granted after that date to this state pursuant to the provisions of the Wagner-Peyser Act, or any moneys made available by this state or its political subdivisions and matched by such moneys granted to this state pursuant to the provisions of the Wagner-Peyser Act, are found by the social security board
House File 417, p. 9 administration , because of any action or contingency, to have been lost or been expended for purposes other than or in amounts in excess of, those found necessary by the social security board administration for the proper administration of this chapter , it is the policy of this state that such moneys shall be replaced by moneys appropriated for such purpose from the general funds of this state to the unemployment compensation administration fund for expenditure as provided in subsection 1 of this section . Upon receipt of notice of such a finding by the social security board administration , the department shall promptly report the amount required for such replacement to the governor and the governor shall at the earliest opportunity, submit to the legislature a request for the appropriation of such amount. This subsection shall not be construed to relieve this state of its obligation with respect to funds received prior to July 1, 1941, pursuant to the provisions of Tit. III of the Social Security Act. Sec. 21. Section 97C.12, Code 2013, is amended to read as follows: 97C.12 Contribution fund. 1. There is hereby established in the office of the treasurer of state a special fund to be known as the contribution fund. Such fund shall consist of, and there shall be deposited in such fund: (1) all a. All taxes, interest, and penalties collected under sections 97C.5 , 97C.10 , and 97C.11 ; (2) all . b. All moneys appropriated thereto under this chapter ; (3) any . c. Any property or securities and earnings thereof acquired through the use of moneys belonging to the fund ; (4) interest . d. Interest earned upon any moneys in the fund ; and (5) all . e. All sums recovered upon the bond of the custodian or otherwise for losses sustained by the fund and all other moneys received for the fund from any other source. 2. Subject to the provisions of this chapter , the state agency is vested with full power, authority and jurisdiction over the fund, including all moneys and property or securities belonging thereto, and may perform any and all acts whether or not specifically designated, which are necessary to the administration thereof and are consistent with the provisions of this chapter . All moneys in this fund shall be mingled and undivided. Sec. 22. Section 123.30, subsection 2, Code 2013, is amended
House File 417, p. 10 to read as follows: 2. No A liquor control license shall not be issued for premises which do not conform to all applicable laws, ordinances, resolutions, and health and fire regulations. Nor shall any A licensee shall not have or maintain any interior access to residential or sleeping quarters unless permission is granted by the administrator in the form of a living quarters permit. Sec. 23. Section 123.50, subsection 1, Code 2013, is amended to read as follows: 1. Any person who violates any of the provisions of section 123.49 , except section 123.49, subsection 2 , paragraph “h” , or who fails to affix upon sale, defaces, or fails to record a keg identification sticker or produce a record of keg identification stickers pursuant to section 123.138 , shall be guilty of a simple misdemeanor. A person who violates section 123.49, subsection 2 , paragraph “h” , commits a simple misdemeanor punishable as a scheduled violation under section 805.8C, subsection 2 . Sec. 24. Section 123.145, Code 2013, is amended to read as follows: 123.145 Labels on bottles, barrels, etc. —— conclusive evidence. The label on any bottle, keg, barrel, or other container in which beer is offered for sale in this state, representing the alcoholic content of such beer as being in excess of five per centum percent by weight shall be conclusive evidence as to the alcoholic content of the beer contained therein. Sec. 25. Section 124.401, subsection 1, paragraph d, Code 2013, is amended to read as follows: d. Violation of this subsection , with respect to any other controlled substances, counterfeit substances, or simulated controlled substances classified in section 124.204, subsection 4, paragraph “ai” , or section 124.204, subsection 6 , paragraph “i” , or classified in schedule IV or V is an aggravated misdemeanor. However, violation of this subsection involving fifty kilograms or less of marijuana or involving flunitrazepam is a class “D” felony. Sec. 26. Section 126.11, subsection 3, paragraph b, Code 2013, is amended to read as follows: b. A drug dispensed by filling or refilling a written, electronic, facsimile, or oral prescription of a practitioner licensed by law to administer the drug is exempt from section
House File 417, p. 11 126.10 , except section 126.10, subsection 1 , paragraph “a” and , section 126.10, paragraph “i” , subparagraphs (2) and (3), and section 126.10, subsection 1 , paragraphs “k” and “l” , and the packaging requirements of section 126.10, subsection 1 , paragraphs “g” , “h” , and “p” , if the drug bears a label containing the name and address of the dispenser, the date of the prescription or of its filling, the name of the prescriber, and, if stated in the prescription, the name of the patient, and the directions for use and cautionary statements, if any, contained in the prescription. This exemption does not apply to a drug dispensed in the course of the conduct of the business of dispensing drugs pursuant to diagnosis by mail, or to a drug dispensed in violation of paragraph “a” of this subsection . Sec. 27. Section 135.74, subsection 2, Code 2013, is amended to read as follows: 2. In establishing uniform methods of financial reporting, the department shall consider all of the following : a. The existing systems of accounting and reporting currently utilized by hospitals and health care facilities ; . b. Differences among hospitals and health care facilities, respectively, according to size, financial structure, methods of payment for services, and scope, type and method of providing services ; and . c. Other pertinent distinguishing factors. Sec. 28. Section 135.75, subsection 1, Code 2013, is amended to read as follows: 1. Each hospital and each health care facility shall annually, after the close of its fiscal year, file all of the following with the department: a. A balance sheet detailing the assets, liabilities and net worth of the hospital or health care facility ; . b. A statement of its income and expenses ; and . c. Such other reports of the costs incurred in rendering services as the department may prescribe. Sec. 29. Section 135.83, Code 2013, is amended to read as follows: 135.83 Contracts for assistance with analyses, studies, and data. In furtherance of the department’s responsibilities under sections 135.76 and 135.78 , the director may contract with the Iowa hospital association and third-party payers, the Iowa health care facilities association and third-party payers, or
House File 417, p. 12 the Iowa association of homes for the aging leading age Iowa and third-party payers for the establishment of pilot programs dealing with prospective rate review in hospitals or health care facilities, or both. Such contract shall be subject to the approval of the executive council and shall provide for an equitable representation of health care providers, third-party payers, and health care consumers in the determination of criteria for rate review. No third-party payer shall be excluded from positive financial incentives based upon volume of gross patient revenues. No state or federal funds appropriated or available to the department shall be used for any such pilot program. Sec. 30. Section 135.156, subsection 2, paragraph b, unnumbered paragraph 1, Code 2013, is amended to read as follows: An executive committee of the electronic health information advisory council is established. Members of the executive committee of the advisory council shall receive reimbursement for actual expenses incurred while serving in their official capacity only if they are not eligible for reimbursement by the organization that they represent. The executive committee shall consist of the following members: Sec. 31. Section 135.156B, subsections 5 and 8, Code 2013, are amended to read as follows: 5. Apply for, acquire by gift or purchase, and hold, dispense, or dispose of funds and real or personal property from any person, governmental entity, or organization in the exercise of its the department’s powers or performance of its the department’s duties in accordance with this division . 8. Execute all instruments necessary or incidental to the performance of its the department’s duties and the execution of its the department’s powers under this division . Sec. 32. Section 135C.2, subsection 5, paragraph a, Code 2013, is amended to read as follows: a. A facility provider under the special classification must comply with rules adopted by the department for the special classification. However, a facility provider which has been accredited by the accreditation council for services to persons with an intellectual disability and other developmental disabilities on quality and leadership shall be deemed to be in compliance with the rules adopted by the department. Sec. 33. Section 135C.6, subsection 3, Code 2013, is amended to read as follows:
House File 417, p. 13 3. No change in a health care facility, its operation, program, or services, of a degree or character affecting continuing licensability licensure shall be made without prior approval thereof by the department. The department may by rule specify the types of changes which shall not be made without its prior approval. Sec. 34. Section 135C.6, subsection 8, paragraph c, unnumbered paragraph 1, Code 2013, is amended to read as follows: A residential program approved by the department of human services pursuant to this paragraph “c” to receive moneys appropriated to the department of human services under provisions of a federally approved home and community-based services waiver for persons with an intellectual disabilities disability may provide care to not more than five individuals. The department shall approve a residential program under this paragraph that complies with all of the following conditions: Sec. 35. Section 138.13, subsection 2, paragraph m, Code 2013, is amended to read as follows: m. When a camp is operated during a season requiring artificial heating, living quarters with a minimum of one hundred square feet per occupant shall be provided and such living quarters or shelters shall, also, be provided with properly installed heating equipment of adequate capacity to maintain a room temperature of at least 70 degrees F Fahrenheit . A stove or other source of heat shall be installed and vented in a manner to avoid both a fire hazard and a concentration of fumes or gas within such living quarters and shelters. In a room with wooden or combustible flooring, there shall be a concrete slab, metal sheet, or other fire-resistant material, on the floor under each stove, extending at least eighteen inches beyond the perimeter of the base of the stove. Any wall or ceiling not having a fire-resistant surface, within twenty-four inches of a stove or stovepipe, shall be protected by a metal sheet or other fire-resistant material. Heating appliances, other than electrical, shall be provided with a stovepipe or vent connected to the appliance and discharging to the outside air or chimney. The vent or chimney shall extend above the peak of the roof. Stovepipes shall be insulated with fire-resistant material where they pass through walls, ceilings, or floors. Sec. 36. Section 138.13, subsection 6, paragraph d, Code 2013, is amended to read as follows:
House File 417, p. 14 d. Every service building used during periods requiring artificial heating shall be provided with equipment capable of maintaining a room temperature of at least 70 degrees F Fahrenheit . Sec. 37. Section 144A.2, subsection 8, Code 2013, is amended to read as follows: 8. a. “Life-sustaining procedure” means any medical procedure, treatment, or intervention, including resuscitation, which meets both of the following requirements: a. (1) Utilizes mechanical or artificial means to sustain, restore, or supplant a spontaneous vital function. b. (2) When applied to a patient in a terminal condition, would serve only to prolong the dying process. b. “Life-sustaining procedure” does not include the provision of nutrition or hydration except when required to be provided parenterally or through intubation or the administration of medication or performance of any medical procedure deemed necessary to provide comfort care or to alleviate pain. Sec. 38. Section 163.26, Code 2013, is amended to read as follows: 163.26 Definition. For the purposes of this subchapter , “garbage” means putrescible animal and vegetable wastes resulting from the handling, preparation, cooking, and consumption of foods, including animal carcasses or parts. “Garbage” includes all waste material, by-products of a kitchen, restaurant, hotel, or slaughterhouse, every refuse accumulation of animal, fruit, or vegetable matter, liquids or otherwise, or grain not consumed, that is collected from hog sales pen floors in public stockyards. Animals or parts of animals, which are processed by slaughterhouses or rendering establishments, and which as part of the processing are heated to not less than 212 degrees F. Fahrenheit for thirty minutes, are not garbage for purposes of this chapter . Sec. 39. Section 176A.10, subsection 2, Code 2013, is amended to read as follows: 2. An extension council of an extension district may choose to be subject to the levy and revenue limits specified in subparagraphs (2) of subsection 1 , paragraphs “a” through “d” , and subsection 1 , paragraph “e” , for the purpose of the annual levy for the fiscal year commencing July 1, 1991, which levy is payable in the fiscal year beginning July 1, 1992.
House File 417, p. 15 Before an extension district may be subject to the levy and revenue limits specified in subparagraphs (2) of subsection 1 , paragraphs “a” through “d” , and subsection 1 , paragraph “e” , for fiscal years beginning on or after July 1, 1992, which levy is payable in fiscal years beginning on or after July 1, 1993, the question of whether the district shall be subject to the levy and revenue limits as specified in such paragraphs must be submitted to the registered voters of the district. The question shall be submitted at the time of a state general election. If the question is approved by a majority of those voting on the question the levy and revenue limits specified in subparagraphs (2) of subsection 1 , paragraphs “a” through “d” , and subsection 1 , paragraph “e” , shall thereafter apply to the extension district. The question need only be approved at one state general election. If a majority of those voting on the question vote against the question, the district may continue to submit the question at subsequent state general elections until approved. Sec. 40. Section 189A.11, Code 2013, is amended to read as follows: 189A.11 Access by inspectors —— acceptance by state agencies. 1. No A person shall not deny access to any authorized inspectors upon the presentation of proper identification at any reasonable time to establishments and to all parts of such premises for the purposes of making inspections under this chapter . 2. When meat has been inspected and approved by the department, such inspection will be equal to federal inspection and therefore may be accepted by state agencies and political subdivisions of the state and no other inspection can be required. 1. a. No An inspection of products placed in any container at any official establishment shall not be deemed to be complete until the products are sealed or enclosed therein under the supervision of an inspector. 2. b. For purposes of any inspection of products required by this chapter , inspectors authorized by the secretary shall have access at all times by day or night to every part of every establishment required to have inspection under this chapter , whether the establishment is operated or not. Sec. 41. Section 190.12, subsection 1, Code 2013, is amended to read as follows: 1. Frozen desserts and the pasteurized dairy ingredients
House File 417, p. 16 used in the manufacture thereof, shall comply with the following standards: ____________________________________________________________ Milk, cream, and fluid Temperature Storage at 45 degrees F Fahrenheit . dairy ingredient Bacterial limit 50,000 per milliliter Coliform limit 10 per milliliter ____________________________________________________________ Frozen dessert mixes, Temperature Storage at 45 degrees F Fahrenheit . frozen desserts (plain) Bacterial limit 50,000 per gram Coliform limit 10 per gram ____________________________________________________________ Dry dairy ingredient Extra grade or better as defined by U. S. Standards for grades for the particular product. ____________________________________________________________ Dry powder mix Bacterial limit 50,000 per gram Coliform limit 10 per gram ____________________________________________________________ Sec. 42. Section 203C.15, subsection 6, paragraph a, unnumbered paragraph 1, Code 2013, is amended to read as follows: The licensed warehouse operator may comply to with the demand by doing any of the following: Sec. 43. Section 230.15, Code 2013, is amended to read as follows: 230.15 Personal liability. 1. A person with mental illness and a person legally liable for the person’s support remain liable for the support of the person with mental illness as provided in this section . Persons legally liable for the support of a person with mental illness include the spouse of the person, any person bound by contract for support of the person, and, with respect to persons with mental illness under eighteen years of age only, the father and mother of the person. The county auditor, subject to the direction of the board of supervisors, shall enforce the obligation created in this section as to all sums advanced by the county. The liability to the county incurred by a person with mental illness or a person legally liable for the person’s support under this section is limited to an amount equal to one hundred percent of the cost of care and treatment
House File 417, p. 17 of the person with mental illness at a state mental health institute for one hundred twenty days of hospitalization. This limit of liability may be reached by payment of the cost of care and treatment of the person with mental illness subsequent to a single admission or multiple admissions to a state mental health institute or, if the person is not discharged as cured, subsequent to a single transfer or multiple transfers to a county care facility pursuant to section 227.11 . After reaching this limit of liability, a person with mental illness or a person legally liable for the person’s support is liable to the county for the care and treatment of the person with mental illness at a state mental health institute or, if transferred but not discharged as cured, at a county care facility in an amount not in excess of the average minimum cost of the maintenance of an individual who is physically and mentally healthy residing in the individual’s own home, which standard shall be established and may from time to time be revised by the department of human services. A lien imposed by section 230.25 shall not exceed the amount of the liability which may be incurred under this section on account of a person with mental illness. 2. A person with a substance-related disorder is legally liable for the total amount of the cost of providing care, maintenance, and treatment for the person with a substance-related disorder while a voluntary or committed patient. When a portion of the cost is paid by a county, the person with a substance-related disorder is legally liable to the county for the amount paid. The person with a substance-related disorder shall assign any claim for reimbursement under any contract of indemnity, by insurance or otherwise, providing for the person’s care, maintenance, and treatment in a state hospital to the state. Any payments received by the state from or on behalf of a person with a substance-related disorder shall be in part credited to the county in proportion to the share of the costs paid by the county. 3. Nothing in this section shall be construed to prevent a relative or other person from voluntarily paying the full actual cost or any portion of the care and treatment of any person with mental illness or a substance-related disorder as established by the department of human services. Sec. 44. Section 231D.3A, Code 2013, is amended to read as follows:
House File 417, p. 18 231D.3A Exception. An entity certified by the centers for Medicare and Medicaid services of the United States department of health and human services as a federal program of all-inclusive care for the elderly shall not be required to be certified as an adult day services program under this chapter . A program for of all-inclusive care for the elderly, as used in this section , shall not identify itself or hold itself out to be an adult day services program as defined in section 231D.1 . Sec. 45. Section 235.3, subsection 2, Code 2013, is amended to read as follows: 2. Make such reports and obtain and furnish such information from time to time as may be necessary to permit cooperation by the state division with the United States children’s bureau, the social security board administration , or any other federal agency which is now or may hereafter be charged with any duty regarding child care or child welfare services. Sec. 46. Section 235B.1, subsection 4, paragraph a, subparagraph (1), Code 2013, is amended to read as follows: (1) Advise the director of human services, the director of elder affairs the department on aging , the director of inspections and appeals, the director of public health, the director of the department of corrections, and the director of human rights regarding dependent adult abuse. Sec. 47. Section 235B.16A, subsection 4, Code 2013, is amended to read as follows: 4. The department of human services shall cooperate with the department on aging, the departments of elder affairs, inspections and appeals, public health, public safety, and workforce development, the civil rights commission, and other state and local agencies performing inspections or otherwise visiting residential settings where dependent adults live, to regularly provide training to the appropriate staff in the agencies concerning each agency’s procedures involving dependent adults, and to build awareness concerning dependent adults and reporting of dependent adult abuse. Sec. 48. Section 249A.4B, subsection 2, paragraph a, subparagraphs (29) and (41), Code 2013, are amended to read as follows: (29) The Iowa association of homes and services for the aging Leading age Iowa . (41) The Iowa dietetic association academy of nutrition and dietetics .
House File 417, p. 19 Sec. 49. Section 249A.12, subsection 3, paragraph b, Code 2013, is amended to read as follows: b. The state shall be responsible for all of the nonfederal share of medical assistance home and community-based services waivers for persons with an intellectual disabilities disability services provided to minors, and a county is not required to reimburse the department and shall not be billed for the nonfederal share of the costs of the services. Sec. 50. Section 249A.12, subsection 5, paragraph b, Code 2013, is amended to read as follows: b. The department of human services shall seek federal approval to amend the home and community-based services waiver for persons with an intellectual disabilities disability to include day habilitation services. Inclusion of day habilitation services in the waiver shall take effect upon receipt of federal approval. Sec. 51. Section 249A.26, subsection 4, Code 2013, is amended to read as follows: 4. The state shall pay for the entire nonfederal share of the costs for case management services provided to persons seventeen years of age or younger who are served in a home and community-based services waiver program under the medical assistance program for persons with an intellectual disabilities disability . Sec. 52. Section 249A.30, subsection 1, Code 2013, is amended to read as follows: 1. The base reimbursement rate for a provider of services under a medical assistance program home and community-based services waiver for persons with an intellectual disabilities disability shall be recalculated at least every three years to adjust for the changes in costs during the immediately preceding three-year period. Sec. 53. Section 249L.4, subsection 5, paragraph b, subparagraph (4), Code 2013, is amended to read as follows: (4) Each nursing facility shall submit to the department, information in a form as specified by the department and developed in cooperation with representatives of the Iowa caregivers association, the Iowa health care association, the leading age Iowa association of homes and services for the aging , and the AARP Iowa chapter, that demonstrates compliance by the nursing facility with the requirements for use of the rate adjustment increases and other reimbursements provided to nursing facilities through the quality assurance assessment.
House File 417, p. 20 Sec. 54. Section 252.27, unnumbered paragraph 2, Code 2013, is amended to read as follows: The board shall record its proceedings relating to the provision of assistance to specific persons under this chapter . A person who is aggrieved by a decision of the board may appeal the decision as if it were a contested case before an agency and as if the person had exhausted administrative remedies in accordance with the procedures and standards in section 17A.19, subsections 2 to 12 , except section 17A.19, subsection 10 , paragraphs “b” and “g” , and section 17A.20 . Sec. 55. Section 252D.17, Code 2013, is amended to read as follows: 252D.17 Notice to payor of income —— duties and liability —— criminal penalty. 1. The district court shall provide notice by sending a copy of the order for income withholding or a notice of the order for income withholding to the obligor and the obligor’s payor of income by regular mail, with proof of service completed according to rule of civil procedure 1.442. The child support recovery unit shall provide notice of the income withholding order by sending a notice of the order to the obligor’s payor of income by regular mail or by electronic means. Proof of service may be completed according to rule of civil procedure 1.442. The child support recovery unit’s notice of the order may be sent to the payor of income on the same date that the order is sent to the clerk of court for filing. In all other instances, the income withholding order shall be filed with the clerk of court prior to sending the notice of the order to the payor of income. In addition to the amount to be withheld for payment of support, the order or the notice of the order shall be in a standard format as prescribed by the unit and shall include all of the following information regarding the duties of the payor in implementing the withholding order: 1. a. The withholding order or notice of the order for income withholding for child support or child support and spousal support has priority over a garnishment or an assignment for any other purpose. 2. b. As reimbursement for the payor’s processing costs, the payor may deduct a fee of no more than two dollars for each payment in addition to the amount withheld for support. The payor of income is not required to vary the payroll cycle to comply with the frequency of payment of a support order. 3. c. The amount withheld for support, including the
House File 417, p. 21 processing fee, shall not exceed the amounts specified in 15 U.S.C. § 1673(b). 4. d. The income withholding order is binding on an existing or future payor of income ten days after receipt of the copy of the order or the notice of the order, and is binding whether or not the copy of the order received is file-stamped. 5. e. The payor shall send the amounts withheld to the collection services center or the clerk of the district court pursuant to section 252B.14 within seven business days of the date the obligor is paid. “Business day” means a day on which state offices are open for regular business. 6. f. The payor may combine amounts withheld from the obligors’ income in a single payment to the clerk of the district court or to the collection services center, as appropriate. Whether combined or separate, payments shall be identified by the name of the obligor, account number, amount, and the date withheld. If payments for multiple obligors are combined, the portion of the payment attributable to each obligor shall be specifically identified. 7. g. The withholding is binding on the payor until further notice by the court or the child support recovery unit. 8. h. If the payor, with actual knowledge and intent to avoid legal obligation, fails to withhold income or to pay the amounts withheld to the collection services center or the clerk of court in accordance with the provisions of the order, the notice of the order, or the notification of payors of income provisions established in section 252B.13A , the payor commits a simple misdemeanor for a first offense and is liable for the accumulated amount which should have been withheld, together with costs, interest, and reasonable attorney fees related to the collection of the amounts due from the payor. For each subsequent offense prescribed under this subsection paragraph , the payor commits a serious misdemeanor and is liable for the accumulated amount which should have been withheld, together with costs, interest, and reasonable attorney fees related to the collection of the amounts due from the payor. 9. i. The payor shall promptly notify the court or the child support recovery unit when the obligor’s employment or other income terminates, and provide the obligor’s last known address and the name and address of the obligor’s new employer, if known. 10. j. Any payor who discharges an obligor, refuses to employ an obligor, or takes disciplinary action against an
House File 417, p. 22 obligor based upon income withholding is guilty of a simple misdemeanor. A withholding order or the notice of the order for income withholding has the same force and effect as any other district court order, including , but not limited to , contempt of court proceedings for noncompliance. 11. a. k. (1) Beginning July 1, 1997, if a payor of income does business in another state through a registered agent and receives a notice of income withholding issued by another state , the payor shall, and beginning January 1, 1998, any payor of income shall , withhold funds as directed in a notice issued by another state, except that a payor of income shall follow the laws of the obligor’s principal place of employment when determining all of the following: (1) (a) The payor’s fee for processing an income withholding payment. (2) (b) The maximum amount permitted to be withheld from the obligor’s income. (3) (c) The time periods for implementing the income withholding order and forwarding the support payments. (4) (d) The priorities for withholding and allocating income withheld for multiple child support obligees. (5) (e) Any withholding terms or conditions not specified in the order. b. (2) A payor of income who complies with an income withholding notice that is regular on its face shall not be subject to any civil liability to any individual or agency for conduct in compliance with the notice. 12. l. The payor of income shall comply with chapter 252K when receiving a notice of income withholding from another state. 13. m. The department shall establish criteria and a phased-in schedule to require, no later than June 30, 2015, payors of income to electronically transmit the amounts withheld under an income withholding order. The department shall assist payors of income in complying with the required electronic transmission, and shall adopt rules setting forth procedures for use in electronic transmission of funds, and exemption from use of electronic transmission taking into consideration any undue hardship electronic transmission creates for payors of income. Sec. 56. Section 256.9, subsection 55, paragraph a, Code 2013, is amended to read as follows: a. The Iowa dietetic association academy of nutrition and
House File 417, p. 23 dietetics . Sec. 57. Section 256.18A, Code 2013, is amended to read as follows: 256.18A Service learning. The board of directors of a school district or the authorities in charge of a nonpublic school may require a certain number of service learning units as a condition for the inclusion of a service learning endorsement on a student’s diploma or as a condition of graduation from the district or school. For purposes of this paragraph section , “service learning” means a method of teaching and learning which engages students in solving problems and addressing issues in their school or greater community as part of the academic curriculum. Sec. 58. Section 256.42, subsection 6, Code 2013, is amended to read as follows: 6. Coursework offered under the initiative shall be rigorous and high quality, and the department shall annually evaluate the quality of the courses , and ensure that coursework is aligned with the state’s core curriculum and core content requirements and standards, as well as national standards of quality for online courses issued by an internationally recognized association for kindergarten through grade twelve online learning. Sec. 59. Section 258.16, subsection 3, paragraph d, Code 2013, is amended to read as follows: d. Implement the procedures and contract, at the request of the director of the board of vocational education, for the delivery of vocational education programs and services pursuant to section 256.11, subsection 4 , and section 256.11, subsection 5 , paragraph “h” , and section 260C.14, subsection 1 . Sec. 60. Section 261B.2, subsection 5, paragraph c, Code 2013, is amended to read as follows: c. Uses in its name the term “college” , “academy” , “institute” , or “university” or a similar term to imply that the person is primarily engaged in the education of students at the postsecondary level, and which makes a charge charges for its services. Sec. 61. Section 261B.9, subsection 7, Code 2013, is amended to read as follows: 7. The disclosures required by the department of education for an out-of-state school that the state board of education approves to offer a practitioner preparation program by distance delivery method.
House File 417, p. 24 Sec. 62. Section 261E.5, subsection 3, Code 2013, is amended to read as follows: 3. From the funds allocated pursuant to section 261E.13, subsection 1 , paragraph “d” , the department shall remit amounts to the college board for advanced placement examinations administered by the college board for students enrolled in school districts and accredited nonpublic schools pursuant to subsection 2 and shall distribute an amount per student to a school district submitting a list of students properly registered for the advanced placement examinations pursuant to subsection 2 . The remittance rates to the college board and distribution amounts to the school districts in accordance with this subsection for the fiscal year beginning July 1, 2008, are as follows: thirty-eight a. Thirty-eight dollars for each school district or accredited nonpublic school student who does not qualify for fee reduction ; twenty-seven . b. Twenty-seven dollars for each school district or accredited nonpublic school student who qualifies for fee reduction ; and eight . c. Eight dollars to the school district for each school district or accredited nonpublic school student who was listed by the school district and who takes an advanced placement examination in accordance with this section . Sec. 63. Section 263B.3, Code 2013, is amended to read as follows: 263B.3 Agreements with federal departments. The state archaeologist is authorized to enter agreements and cooperative efforts with the United States commissioner of public roads federal highway administrator , the United States departments of commerce, interior, agriculture , and defense, and any other federal or state agencies concerned with archaeological salvage or the preservation of antiquities. Sec. 64. Section 266.48, subsection 1, paragraph a, Code 2013, is amended to read as follows: a. Iowa state university, in cooperation with the department of agriculture and land stewardship and the department of natural resources, shall establish a cost-share program for the livestock odor mitigation research efforts as established in sections 266.43 through 266.45 that maximizes participation in the livestock odor mitigation research efforts so as to accomplish the purposes in section 266.42, subsection 1 . Sec. 65. Section 272.31, subsection 5, Code 2013, is amended
House File 417, p. 25 to read as follows: 5. The state board of education shall work with institutions of higher education, private colleges and universities, community colleges, area education agencies, and professional organizations to ensure that the courses and programs required for authorization authorizations under this section are offered throughout the state at convenient times and at a reasonable cost. Sec. 66. Section 273.3, subsection 2, Code 2013, is amended to read as follows: 2. Be authorized to receive and expend money for providing programs and services as provided in sections 273.1 , 273.2 , this section , sections 273.4 to 273.9 , and chapters 256B and 257 . All costs incurred in providing the programs and services, including administrative costs, shall be paid from funds received pursuant to sections 273.1 , 273.2, this section, sections 273.4 to 273.9 and chapters 256B and 257 . Sec. 67. Section 280.10, subsection 4, Code 2013, is amended to read as follows: 4. “Industrial quality eye-protective devices” , as used in this section , means devices meeting American national standard , practice for occupational and educational eye and face protection promulgated by the American national standards institute, inc. Sec. 68. Section 321.105A, subsection 5, paragraph b, Code 2013, is amended to read as follows: b. If an amount of the fee for new registration represented by a dealer to a purchaser is computed upon a purchase price that is not subject to the fee for new registration or the amount represented is in excess of the actual amount subject to the fee and the amount represented is actually paid by the purchaser to the dealer, the excess amount of fee for new registration paid shall be returned to the purchaser upon proper notification to the dealer by the purchaser that an excess payment exists. “Proper” notification is written notification which allows a dealer at least sixty days to respond and which contains enough information to allow a dealer to determine the validity of a purchaser’s claim that an excess amount of fee for new registration has been paid. No cause of action shall accrue against a dealer for excess fee for new registration paid until sixty days after proper notice notification has been given the dealer by the purchaser. Sec. 69. Section 322.33, subsection 2, Code 2013, is amended
House File 417, p. 26 to read as follows: 2. Article Chapter 537, article 2, parts 5 and 6 , and chapter 537, article 3 , sections 537.3203 , 537.3206 , 537.3209 , 537.3304 , 537.3305 , and 537.3306 shall apply to any credit transaction as defined in section 537.1301 , that is a retail installment transaction. For the purpose of applying provisions of the consumer credit code in those transactions, “consumer credit sale” shall include a sale for a business purpose. Sec. 70. Section 322A.1, subsection 5, paragraph a, subparagraphs (3) and (5), Code 2013, are amended to read as follows: (3) The franchisee, as an independent business, constitutes a component of the franchiser’s distribution system. (5) The operation of the franchisee’s business is substantially reliant on the franchiser for the continued supply of motor vehicles, parts, and accessories. Sec. 71. Section 326.2, subsection 6, paragraph a, Code 2013, is amended to read as follows: a. A one-way movement from one point originating outside this state and destined to for another point outside this state. Sec. 72. Section 331.362, subsection 1, Code 2013, is amended to read as follows: 1. A county has jurisdiction over secondary roads as provided in section 306.4, subsection 2 , section 306.4, subsection 5 , paragraph “b” , and section 306.4, subsection 6 , paragraph “b” . Sec. 73. Section 331.382, subsection 8, paragraph a, Code 2013, is amended to read as follows: a. The board is subject to chapter 161F , chapters 357 through 358 , or chapter 468, subchapters I through III , chapter 468, subchapter IV, parts 1 and 2 , or chapter 468, subchapter V , as applicable, in acting relative to a special district authorized under any of those chapters. Sec. 74. Section 331.390, subsection 2, paragraph a, Code 2013, is amended to read as follows: a. The voting membership of the governing board shall consist of at least one board of supervisors member from each county comprising the regions region or their designees. Sec. 75. Section 331.390, subsection 3, paragraph b, Code 2013, is amended to read as follows: b. The regional administrator staff shall include
House File 417, p. 27 one or more coordinators of disability services. A coordinator shall possess a bachelor’s or higher level degree in a human services-related or administrative-related administration-related field, including but not limited to social work, psychology, nursing, or public or business administration, from an accredited college or university. However, in lieu of a degree in public or business administration, a coordinator may provide documentation of relevant management experience. An action of a coordinator involving a clinical decision shall be made in conjunction with a professional who is trained in the delivery of the mental health or disability service addressed by the clinical decision. The regional administrator shall determine whether referral to a coordinator of disability services is required for a person seeking to access a service through a local access point of the regional service system. Sec. 76. Section 331.552, subsection 25, Code 2013, is amended to read as follows: 25. Carry out duties relating to the funding of drainage districts as provided in chapter 468, subchapter I, parts 1 to 5 , chapter 468, subchapter II, parts 1 , 5 , and 6 , chapter 468, subchapter III , and chapter 468, subchapter IV, parts 1 and 2 . Sec. 77. Section 341A.2, Code 2013, is amended to read as follows: 341A.2 Civil service commission. 1. Subject to the alternate plan enumerated in section 341A.3 , there is created in each county a civil service commission composed of three members. Two members shall be appointed by the county board of supervisors and one member shall be appointed by the county attorney of each county. Appointees to the commission shall be residents of the county for at least two years immediately preceding appointment, and shall be electors. Terms of office shall be six years; however, the initial members of the commission shall be appointed as follows: a. One of the members appointed by the board of supervisors shall serve for a period of two years while the other member shall serve for a period of six years and the board shall specify the term of each member so appointed. b. The member appointed by the county attorney shall serve for a period of four years. 2. Any member of the commission may be removed by the appointing authority for incompetence, dereliction of duty,
House File 417, p. 28 malfeasance in office, or for other good cause; however, no member of the commission shall be removed until apprised in writing of the nature of the charges against the member and a hearing on such charges has been held before the board of supervisors. In the event a vacancy occurs in the commission for any reason other than expiration of the term, an appointment to fill the vacancy for the unexpired term shall be made in the same manner as the original appointment. 3. A majority vote of the membership of the commission shall be sufficient to transact the business of the commission. 4. Not more than two commissioners shall be members of the same political party. Commissioners shall hold no elective or other appointive public office during their terms of appointment to the commission. Commissioners shall serve without compensation but shall be reimbursed for necessary expense and mileage incurred in the actual performance of their duties. Sec. 78. Section 350.4, subsection 9, paragraph a, Code 2013, is amended to read as follows: a. To participate in watershed projects of soil and water conservation districts and the federal government and in projects of drainage districts organized under the provisions of chapter 161F and , chapter 468, subchapter I, parts 1 through 5 , and chapter 468, subchapter II, parts 1 , 5 , and 6 , for the purpose of increasing the recreational resources of the county. Sec. 79. Section 354.9, subsection 3, Code 2013, is amended to read as follows: 3. If cities establish overlapping areas of review outside their boundaries, then the cities shall establish by agreement pursuant to chapter 28E reasonable standards and conditions for review of subdivisions within the overlapping area. If no agreement is recorded pursuant to chapter 28E then the city which is closest to the boundary of the subdivision shall have authority to review of the subdivision. Sec. 80. Section 355.7, subsection 6, Code 2013, is amended to read as follows: 6. a. The plat shall show the lengths and bearings of the boundaries of the parcels surveyed. The course of each boundary line shown on the plat may be indicated by a direct bearing reference or by an angle between the boundary line and an intersecting line having a shown bearing, except when the boundary line has an irregular or constantly changing course, as along a body of water, or when a description of the boundary
House File 417, p. 29 line is better achieved by measurements shown at points or intervals along a meander line or an offset line having a shown course. The bearings shall be referenced to a United States public land survey system land line, or recorded subdivision line. If the boundary lines show bearings, lengths, or locations which vary from those recorded in deeds, abutting plats, or other instruments of record, the following note shall be placed along the lines: “recorded Recorded as (show recorded bearing, length, or location)” location) . b. Bearings and angles shown shall be given to at least the nearest minute of arc. Sec. 81. Section 355.8, subsection 8, Code 2013, is amended to read as follows: 8. a. The plat shall show the lengths and bearings of the boundaries of the tracts surveyed. The course of each boundary line shown on the plat may be indicated by a direct bearing reference or by an angle between the boundary line and an intersecting line having a shown bearing, except when the boundary line has an irregular or constantly changing course, as along a body of water, or when a description of the boundary line is better achieved by measurements shown at points or intervals along a meander line or an offset line having a shown course. The bearing shall be referenced to a United States public land survey system land line, or recorded subdivision line. If the boundary lines show bearings, lengths, or locations which vary from those recorded in deeds, abutting plats, or other instruments of record, the following note shall be placed along the lines: “recorded Recorded as (show recorded bearing, length, or location)” location) . b. Bearings and angles shown shall be given to at least the nearest minute of arc. Sec. 82. Section 384.6, subsection 1, paragraph b, Code 2013, is amended to read as follows: b. If a police chief or fire chief has submitted a written request to the board of trustees to be exempt from chapter 411 , authorized in section 411.3, subsection 1 , a city shall make contributions for the chief, in an amount not to exceed the amount that would have been contributed by the city under section 411.8, subsection 1 , paragraph “a” , to the international city management association/retirement association retirement corporation.
House File 417, p. 30 Sec. 83. Section 419.4, subsection 2, paragraph a, subparagraph (5), Code 2013, is amended to read as follows: (5) The creation, maintenance, custody, investment and reinvestment and use of special funds from the revenues of such project , and . Sec. 84. Section 419.4, subsection 2, paragraph b, Code 2013, is amended to read as follows: b. (1) A municipality shall have the power to provide that proceeds from the sale of bonds and special funds from the revenues of the project shall be invested and reinvested in such securities and other investments as shall be provided in the proceedings under which the bonds are authorized to be issued including: (1) (a) Obligations issued or guaranteed by the United States ; . (2) (b) Obligations issued or guaranteed by any person controlled or supervised by and acting as an instrumentality of the United States pursuant to authority granted by the Congress of the United States ; . (3) (c) Obligations issued or guaranteed by any state of the United States, or the District of Columbia, or any political subdivision of any such state or district ; . (4) (d) Prime commercial paper ; . (5) (e) Prime finance company paper ; . (6) (f) Bankers’ acceptances drawn on and accepted by banks organized under the laws of any state or of the United States ; . (7) (g) Repurchase agreements fully secured by obligations issued or guaranteed by the United States or by any person controlled or supervised by and acting as an instrumentality of the United States pursuant to authority granted by the Congress of the United States ; and . (8) (h) Certificates of deposit issued by banks organized under the laws of any state or of the United States; whether or not such investment or reinvestment is authorized under any other law of this state. The municipality shall also have the power to provide that such proceeds or funds or investments and the amounts payable under the lease, sale contract, or loan agreement shall be received, held and disbursed by one or more banks or trust companies located in or out of the state of Iowa. (2) A municipality shall also have the power to provide that the project and improvements shall be constructed by the municipality, lessee, the lessee’s designee, the contracting
House File 417, p. 31 party, or the contracting party’s designee, or any one or more of them on real estate owned by the municipality, the lessee, the lessee’s designee, the contracting party, or the contracting party’s designee, as the case may be, and that the bond proceeds shall be disbursed by the trustee bank or banks, trust company or trust companies, during construction upon the estimate, order or certificate of the lessee, the lessee’s designee, the contracting party, or the contracting party’s designee. Sec. 85. Section 421.24, subsection 3, Code 2013, is amended to read as follows: 3. a. For the purposes of this section , the words “tax” and “taxes” shall include interest and penalties due under any taxing statute, and liability for such interest or penalties, or both, due under a taxing statute of another state or a political subdivision thereof, shall be recognized and enforced by the courts of this state to the same extent that the laws of such other state permit the enforcement in its courts of liability for such interest or penalties, or both, due under a taxing statute of this state or a political subdivision thereof. b. The courts of this state may not enforce interest rates or penalties on taxes of any other state which exceed the interest rates and penalties imposed by the state of Iowa for the same or a similar tax. Sec. 86. Section 422.16, subsection 10, paragraph c, Code 2013, is amended to read as follows: c. If any withholding agent, being a domestic or foreign corporation, required under the provisions of this section to withhold on wages or other taxable Iowa income subject to this chapter , fails to withhold the amounts required to be withheld, make the required returns or remit to the department the amounts withheld, the director may, having exhausted all other means of enforcement of the provisions of this chapter , certify such fact or facts to the secretary of state, who shall thereupon cancel the articles of incorporation or certificate of authority , (as as the case may be) be, of such corporation, and the rights of such corporation to carry on business in the state of Iowa shall thereupon cease. The secretary of state shall immediately notify by registered mail such domestic or foreign corporation of the action taken by the secretary of state. The provisions of section 422.40, subsection 3 , shall be applicable.
House File 417, p. 32 Sec. 87. Section 422.20, subsection 3, paragraph a, Code 2013, is amended to read as follows: a. Unless otherwise expressly permitted by section 8A.504 , section 8G.4 , section 96.11, subsection 6 , section 421.17, subsections 22 , 23 , and 26 , section 421.17, subsection 27 , paragraph “k” , and section 421.17, subsection 31 , section 252B.9 , section 321.40, subsection 6 , sections 321.120 , 421.19 , 421.28 , 422.72 , and 452A.63 , and this section , a tax return, return information, or investigative or audit information shall not be divulged to any person or entity, other than the taxpayer, the department, or internal revenue service for use in a matter unrelated to tax administration. Sec. 88. Section 422.32, subsection 2, Code 2013, is amended to read as follows: 2. The words, terms, and phrases defined in division II, section 422.4, subsections 4 to 6, 8, 9, 13, and 15 to 17 , when used in this division , shall have the meanings ascribed to them in said section except where the context clearly indicates a different meaning. Sec. 89. Section 422.33, subsection 5, Code 2013, is amended to read as follows: 5. a. The taxes imposed under this division shall be reduced by a state tax credit for increasing research activities in this state equal to the sum of the following: (1) Six and one-half percent of the excess of qualified research expenses during the tax year over the base amount for the tax year based upon the state’s apportioned share of the qualifying expenditures for increasing research activities. (2) Six and one-half percent of the basic research payments determined under section 41(e)(1)(A) of the Internal Revenue Code during the tax year based upon the state’s apportioned share of the qualifying expenditures for increasing research activities. b. The state’s apportioned share of the qualifying expenditures for increasing research activities is a percent equal to the ratio of qualified research expenditures in this state to the total qualified research expenditures. b. c. In lieu of the credit amount computed in paragraph “a” , subparagraph (1), a corporation may elect to compute the credit amount for qualified research expenses incurred in this state in a manner consistent with the alternative simplified credit described in section 41(c)(5) of the Internal Revenue Code. The taxpayer may make this election regardless of
House File 417, p. 33 the method used for the taxpayer’s federal income tax. The election made under this paragraph is for the tax year and the taxpayer may use another or the same method for any subsequent year. c. d. For purposes of the alternate credit computation method in paragraph “b” “c” , the credit percentages applicable to qualified research expenses described in section 41(c)(5)(A) and clause (ii) of section 41(c)(5)(B) of the Internal Revenue Code are four and fifty-five hundredths percent and one and ninety-five hundredths percent, respectively. d. e. (1) For purposes of this subsection , “base amount” , “basic research payment” , and “qualified research expense” mean the same as defined for the federal credit for increasing research activities under section 41 of the Internal Revenue Code, except that for the alternative simplified credit such amounts are for research conducted within this state. (2) For purposes of this subsection , “Internal Revenue Code” means the Internal Revenue Code in effect on January 1, 2012. e. f. Any credit in excess of the tax liability for the taxable year shall be refunded with interest computed under section 422.25 . In lieu of claiming a refund, a taxpayer may elect to have the overpayment shown on its final, completed return credited to the tax liability for the following taxable year. f. Reserved. g. A corporation which is an eligible business may claim an additional research activities credit authorized pursuant to section 15.335 . h. The department shall by February 15 of each year issue an annual report to the general assembly containing the total amount of all claims made by employers under this subsection and the portion of the claims issued as refunds, for all claims processed during the previous calendar year. The report shall contain the name of each claimant for whom a tax credit in excess of five hundred thousand dollars was issued and the amount of the credit received. Sec. 90. Section 422.70, subsection 1, Code 2013, is amended to read as follows: 1. The director, for the purpose of ascertaining the correctness of a return or for the purpose of making an estimate of the taxable income or receipts of a taxpayer, has power the following powers : a. To examine or cause to be examined by an agent or
House File 417, p. 34 representative designated by the director, books, papers, records, or memoranda ; to . b. To require by subpoena the attendance and testimony of witnesses; to issue and sign subpoenas ; to . c. To administer oaths, to examine witnesses and receive evidence ; to . d. To compel witnesses to produce for examination books, papers, records, and documents relating to any matter which the director has the authority to investigate or determine. Sec. 91. Section 422.72, subsection 3, paragraph a, Code 2013, is amended to read as follows: a. Unless otherwise expressly permitted by section 8A.504 , section 8G.4 , section 96.11, subsection 6 , section 421.17, subsections 22, 23, and 26 , section 421.17, subsection 27 , paragraph “k” , and section 421.17, subsection 31 , section 252B.9 , section 321.40, subsection 6 , sections 321.120 , 421.19 , 421.28 , 422.20 , and 452A.63 , and this section , a tax return, return information, or investigative or audit information shall not be divulged to any person or entity, other than the taxpayer, the department, or internal revenue service for use in a matter unrelated to tax administration. Sec. 92. Section 422D.1, subsection 2, paragraph a, unnumbered paragraph 1, Code 2013, is amended to read as follows: The taxes for emergency medical services shall only be imposed after an election at which a majority of those voting on the question of imposing the tax or combination of taxes specified in subsection 1 , paragraph “a” , subparagraph (1) or (2), vote in favor of the question. However, the tax or combination of taxes specified in subsection 1 shall not be imposed on property within or on residents of a benefited emergency medical services district under chapter 357F . The question of imposing the tax or combination of the taxes may be submitted at the regular city election, a special election, or state the general election. Notice of the question shall be provided by publication at least sixty days before the time of the election and shall identify the tax or combination of taxes and the rate or rates, as applicable. If a majority of those voting on the question approve the imposition of the tax or combination of taxes, the tax or combination of taxes shall be imposed as follows: Sec. 93. Section 423.3, subsection 18, paragraph c, Code 2013, is amended to read as follows:
House File 417, p. 35 c. Rehabilitation facilities that provide accredited rehabilitation services to persons with disabilities which are accredited by the commission on accreditation of rehabilitation facilities or the accreditation council for services for persons with an intellectual disability and other persons with developmental disabilities on quality and leadership and adult day care services approved for reimbursement by the state department of human services. Sec. 94. Section 423.5, Code 2013, is amended to read as follows: 423.5 Imposition of tax. 1. Except as provided in subsection 3 paragraph “c” , an excise tax at the rate of six percent of the purchase price or installed purchase price is imposed on the following: 1. a. The use in this state of tangible personal property as defined in section 423.1 , including aircraft subject to registration under section 328.20 , purchased for use in this state. For the purposes of this subchapter , the furnishing or use of the following services is also treated as the use of tangible personal property: optional service or warranty contracts, except residential service contracts regulated under chapter 523C , vulcanizing, recapping, or retreading services, engraving, photography, retouching, printing, or binding services, and communication service when furnished or delivered to consumers or users within this state. 2. b. The use of manufactured housing in this state, on the purchase price if the manufactured housing is sold in the form of tangible personal property or on the installed purchase price if the manufactured housing is sold in the form of realty. 3. c. An excise tax at the rate of five percent is imposed on the use of vehicles subject only to the issuance of a certificate of title and the use of manufactured housing, and on the use of leased vehicles, if the lease transaction does not require titling or registration of the vehicle, on the amount subject to tax as calculated pursuant to section 423.26, subsection 2 . 4. d. Purchases of tangible personal property made from the government of the United States or any of its agencies by ultimate consumers shall be subject to the tax imposed by this section . Services purchased from the same source or sources shall be subject to the service tax imposed by this subchapter and apply to the user of the services.
House File 417, p. 36 5. e. The use in this state of services enumerated in section 423.2 . This tax is applicable where the service is first used in this state. 6. 2. The excise tax is imposed upon every person using the property within this state until the tax has been paid directly to the county treasurer, the state department of transportation, a retailer, or the department. This tax is imposed on every person using the services or the product of the services in this state until the user has paid the tax either to an Iowa use tax permit holder or to the department. 7. 3. For the purpose of the proper administration of the use tax and to prevent its evasion, evidence that tangible personal property was sold by any person for delivery in this state shall be prima facie evidence that such tangible personal property was sold for use in this state. 8. 4. Any person or that person’s affiliate, which is a retailer in this state or a retailer maintaining a place of business in this state under this chapter , that enters into a contract with an agency of this state must register, collect, and remit Iowa use tax under this chapter on all sales of tangible personal property and enumerated services. Every bid submitted and each contract executed by a state agency shall contain a certification by the bidder or contractor stating that the bidder or contractor is registered with the department and will collect and remit Iowa use tax due under this chapter . In the certification, the bidder or contractor shall also acknowledge that the state agency may declare the contract or bid void if the certification is false. Fraudulent certification, by act or omission, may result in the state agency or its representative filing for damages for breach of contract. 9. 5. The use tax rate of six percent is reduced to five percent on January 1, 2030. Sec. 95. Section 423.6, subsection 6, Code 2013, is amended to read as follows: 6. Tangible personal property or services the sales price of which is exempt from the sales tax under section 423.3 , except section 423.3, subsections 39 and 73 , as it relates to the sale, but not the lease or rental, of vehicles subject only to the issuance of a certificate of title and as it relates to aircraft subject to registration under section 328.20 . Sec. 96. Section 426A.8, unnumbered paragraph 1, Code 2013, is amended to read as follows:
House File 417, p. 37 If the amount of credit apportioned to any property eligible to for military service tax exemption under this chapter in any year shall exceed the total tax, exclusive of any special assessments levied against such property eligible for military service tax exemption, then the excess shall be remitted by the county treasurer to the department of revenue to be redeposited in the general fund of the state and reallocated the following year by the department. Sec. 97. Section 426A.11, subsection 1, Code 2013, is amended to read as follows: 1. The property, not to exceed two thousand seven hundred seventy-eight dollars in taxable value of any veteran, as defined in section 35.1 , of the First World War I . Sec. 98. Section 441.16, subsection 2, paragraph b, Code 2013, is amended to read as follows: b. The combined budgets shall contain an itemized list of the proposed salaries of the assessor and each deputy , ; the amount required for field personnel and other personnel, their number , and their compensation; the estimated amount needed for expenses, printing, mileage, and other expenses necessary to operate the assessor’s office , ; the estimated expenses of the examining board , ; and the salaries and expenses of the local board of review. Sec. 99. Section 452A.2, subsection 25, paragraph a, subparagraph (2), Code 2013, is amended to read as follows: (2) Any liquid advertised, offered for sale, sold for use as, or commonly or commercially used as a fuel for propelling motor vehicles which, when subjected to distillation of gasoline, naphtha, kerosene and similar petroleum products [ASTM (American society for testing and materials) international designation D-86], shows not less than ten per centum percent distilled (recovered) below three hundred forty-seven degrees Fahrenheit (one hundred seventy-five degrees Centigrade) and not less than ninety-five per centum percent distilled (recovered) below four hundred sixty-four degrees Fahrenheit (two hundred forty degrees Centigrade). Sec. 100. Section 455B.105, subsection 11, paragraph a, subparagraph (2), Code 2013, is amended to read as follows: (2) The relative benefits to the applicant and to the public of permit and conditional permit review, issuance, and monitoring compliance. It is the intention of the legislature that permit fees shall not cover any costs connected with correcting violation of the terms of any permit and shall not
House File 417, p. 38 impose unreasonable costs on any municipality. It is the intention of the legislature that permit fees shall not cover any costs connected with correcting violation of the terms of any permit and shall not impose unreasonable costs on any municipality. Sec. 101. Section 455B.474A, Code 2013, is amended to read as follows: 455B.474A Rules consistent with federal regulations. The rules adopted by the commission under section 455B.474 shall be consistent with and shall not exceed the requirements of federal regulations relating to the regulation of underground storage tanks except as provided in section 455B.474, subsection 1 , paragraph “a” , subparagraph (6), and section 455B.474, subsection 3 , paragraph “d” . It is the intent of the general assembly that state rules adopted pursuant to section 455B.474, subsection 1 , paragraph “a” , subparagraph (6), and section 455B.474, subsection 3 , paragraph “d” , be consistent with and not more restrictive than federal regulations adopted by the United States environmental protection agency when those rules are adopted. Sec. 102. Section 455B.516, subsection 9, Code 2013, is amended to read as follows: 9. a. “Toxics pollution prevention” means employment of a practice which reduces the industrial use of toxic substances or reduces the environmental and health hazards associated with an environmental waste without diluting or concentrating the waste before the release, handling, storage, transport, treatment, or disposal of the waste. The term includes toxics pollution prevention techniques but does not include a practice which is applied to an environmental waste after the waste is generated or comes into existence on or after the waste exits a production or commercial operation. b. “Toxics pollution prevention” does not include, promote, or require any of the following: a. (1) Waste burning in industrial furnaces, boilers, smelters, or cement kilns for the purpose of energy recovery. b. (2) The transfer of an environmental waste from one environmental medium to another environmental medium, the workplace environment, or a product. c. (3) Off-site waste recycling. d. (4) Any other method of end-of-pipe management of environmental wastes including waste exchange and the incorporation or embedding of regulated environmental wastes
House File 417, p. 39 into products or by-products. Sec. 103. Section 456A.19, Code 2013, is amended to read as follows: 456A.19 Expenditures. 1. All funds accruing to the fish and game protection fund, except an equitable portion of the administration fund, shall be expended solely in carrying on fish and wildlife activities. Expenditures incurred by the department in carrying on the activities shall be only on authorization by the general assembly. a. The department shall by October 1 of each year submit to the department of management for transmission to the general assembly a detailed estimate of the amount required by the department during the succeeding year for carrying on fish and wildlife activities. The estimate shall be in the same general form and detail as required by law in estimates submitted by other state departments. b. Any unexpended balance at the end of the biennium shall revert to the fish and game protection fund. c. All administrative expense shall be paid from the administration fund. d. All other expenditures shall be paid from the state conservation fund. 2. All expenditures under this chapter are subject to approval by the director of management and the director of the department of administrative services. 3. All moneys credited to the county conservation board fund shall be used to provide grants to county conservation boards to provide funding for the purposes of chapter 350 . These grants are in addition to moneys appropriated to the conservation boards from the county boards of supervisors. The grants shall be made to the conservation boards based upon the needs of the boards. Applications shall be made by the boards to the commission. Sec. 104. Section 459.202, subsection 1, unnumbered paragraphs 1 and 2, Code 2013, are amended to read as follows: a. Except as provided in subsection 3 and sections 459.203 , 459.205 , and 459.206 , this subsection applies to confinement feeding operation structures constructed on or after May 31, 1995, but prior to January 1, 1999; and to the expansion of structures constructed prior to January 1, 1999. b. The following table represents the minimum separation distance in feet required between a confinement feeding
House File 417, p. 40 operation structure and a residence not owned by the owner of the confinement feeding operation, or a commercial enterprise, bona fide religious institution, or an educational institution: Sec. 105. Section 459.202, subsection 2, unnumbered paragraphs 1 and 2, Code 2013, are amended to read as follows: a. Except as provided in subsection 3 and sections 459.203 , 459.205 , and 459.206 , this subsection applies to confinement feeding operation structures constructed on or after January 1, 1999, but prior to March 1, 2003, and to the expansion of structures constructed on or after January 1, 1999, but prior to March 1, 2003. b. The following table represents the minimum separation distance in feet required between a confinement feeding operation structure and a residence not owned by the owner of the confinement feeding operation, or a commercial enterprise, bona fide religious institution, or an educational institution: Sec. 106. Section 459.202, subsection 3, unnumbered paragraphs 1 and 2, Code 2013, are amended to read as follows: a. Except as provided in sections 459.203 , 459.205 , and 459.206 , this subsection applies to confinement feeding operation structures constructed on or after May 31, 1995, but prior to March 1, 2003; to the expansion of structures constructed on or after May 31, 1995, but prior to March 1, 2003; and to the expansion of structures constructed prior to May 31, 1995. b. The following table represents the minimum separation distance in feet required between a confinement feeding operation structure and a public use area; or between a confinement feeding operation structure and a residence not owned by the owner of the confinement feeding operation, a commercial enterprise, a bona fide religious institution, or an educational institution, if the residence, commercial enterprise, religious institution, or educational institution is located within the corporate limits of a city: Sec. 107. Section 459.202, subsection 4, unnumbered paragraphs 1 and 2, Code 2013, are amended to read as follows: a. Except as provided in subsection 5 and sections 459.203 , 459.205 , and 459.206 , this subsection applies to confinement feeding operation structures constructed on or after March 1, 2003, and to the expansion of confinement feeding operation structures constructed on or after March 1, 2003. b. The following table represents the minimum separation distance in feet required between a confinement feeding
House File 417, p. 41 operation structure and a residence not owned by the owner of the confinement feeding operation, a commercial enterprise, a bona fide religious institution, or an educational institution: Sec. 108. Section 459.202, subsection 5, unnumbered paragraphs 1 and 2, Code 2013, are amended to read as follows: a. Except as provided in sections 459.203 , 459.205 , and 459.206 , this subsection applies to confinement feeding operation structures constructed on or after March 1, 2003, and to the expansion of confinement feeding operation structures constructed on or after March 1, 2003. b. The following table represents the minimum separation distance in feet required between a confinement feeding operation structure and a public use area; or between a confinement feeding operation structure and a residence not owned by the owner of the confinement feeding operation, a commercial enterprise, a bona fide religious institution, or an educational institution, if the residence, commercial enterprise, religious institution, or educational institution is located within the corporate limits of a city: Sec. 109. Section 459.401, subsection 2, unnumbered paragraph 1, Code 2013, is amended to read as follows: The compliance fund is composed of three accounts , : the general account, the assessment account, and the educational program account. Sec. 110. Section 468.202, Code 2013, is amended to read as follows: 468.202 Agreement in advance. The agreement with the federal government contemplated in section 468.201 may be entered into by the board in advance of the filing of the plan —— plan, such agreement to be effective if the plan is finally adopted. If the plan is approved the board shall make a record of any such cooperative agreement. Sec. 111. Section 468.309, Code 2013, is amended to read as follows: 468.309 Appeal by trustees or boards. Trustees or boards of supervisors having charge of any previously organized district which is proposed to be included ( either in whole or in part ) within the new intercounty district may, in the same manner and under the same procedure , appeal to the district court from the action of the joint boards in establishing the new district or in including therein the previously organized district or any part thereof. Sec. 112. Section 476.6, subsection 22, Code 2013, is
House File 417, p. 42 amended to read as follows: 22. Nuclear generating facilities —— legislative intent. a. It is the intent of the general assembly to require certain rate-regulated public utilities to undertake analyses of and preparations for the possible construction of nuclear generating facilities in this state that would be beneficial in a carbon-constrained environment. b. A rate-regulated electric utility that was subject to a revenue sharing settlement agreement with regard to its electric base rates as of January 1, 2010, shall recover, through a rider and pursuant to a tariff filing made on or before December 31, 2013, the reasonable and prudent costs of its analyses of and preparations for the possible construction of facilities of the type referenced in paragraph “a” . Cost recovery shall be accomplished by instituting a revenue increase applied in the same percentage amount to each customer class and not designed to recover, on an annual basis, more than five-tenths percent of the electric utility’s calendar year 2009 revenues attributable to billed base rates in this state. At the conclusion of the cost recovery period, which shall extend no more than thirty-six months in total, the board shall conduct a contested case proceeding pursuant to chapter 17A to evaluate the reasonableness and prudence of the cost recovery. The utility shall file such information with the board as the board deems appropriate, including the filing of an annual report identifying and explaining expenditures identified in the rider as items for cost recovery, and any other information required by the board. If the board determines that the utility has imprudently incurred costs, or has incurred costs that are less than the amount recovered, the board shall order the utility to modify the rider to adjust the amount recoverable. c. Costs that may be recovered through the rider described in paragraph “b” shall be consistent with the “United States Nuclear Regulatory Guide, Section 4.7, General Site Suitability Criteria for Nuclear Power Stations, Revision Two, April 1998,” including costs related to the study and use of sites for nuclear generation. Sec. 113. Section 476.53, subsection 2, paragraph a, Code 2013, is amended to read as follows: a. The general assembly’s intent with regard to the development of electric power generating and transmission facilities, or the significant alteration of an existing
House File 417, p. 43 generating facility, as provided in subsection 1 , shall be implemented in a manner that is cost-effective and compatible with the environmental policies of the state, as expressed in this Title XI . Sec. 114. Section 489.110, subsection 3, paragraph h, Code 2013, is amended to read as follows: h. Vary the requirement to wind up a limited liability company’s business as specified in section 489.702, subsection 1 , and section 489.702, subsection 2 , paragraph “a” . Sec. 115. Section 489.110, subsection 4, paragraph a, Code 2013, is amended to read as follows: a. Restrict or eliminate the duty to do any of the following: (1) As required in section 489.409, subsection 2 , paragraph “a” , and section 489.409, subsection 8 , to account to the limited liability company and to hold as trustee for it any property, profit, or benefit derived by the member in the conduct or winding up of the company’s business, from a use by the member of the company’s property, or from the appropriation of a limited liability company opportunity. (2) As required in section 489.409, subsection 2 , paragraph “b” , and section 489.409, subsection 8 , to refrain from dealing with the company in the conduct or winding up of the company’s business as or on behalf of a party having an interest adverse to the company. (3) As required by section 489.409, subsection 2 , paragraph “c” , and section 489.409 subsection 8 , to refrain from competing with the company in the conduct of the company’s business before the dissolution of the company. Sec. 116. Section 490.850, subsection 6, Code 2013, is amended to read as follows: 6. a. “Official capacity” means: a. (1) When used with respect to a director, the office of director in a corporation. b. (2) When used with respect to an officer, as contemplated in section 490.856 , the office in a corporation held by the officer. b. “Official capacity” does not include service for any other domestic or foreign corporation or any partnership, joint venture, trust, employee benefit plan, or other entity. Sec. 117. Section 493.9, Code 2013, is amended to read as follows: 493.9 Change in stock.
House File 417, p. 44 Any such corporation may, by appropriate amendments to its articles of incorporation, adopted by a two-third affirmative vote of each class of stock then issued and outstanding and affected by such amendment, change its common or preferred stock (common or preferred) having a par value to an equal, greater or less number of shares of stock having no par value, and, in connection therewith, may fix the amount of capital represented by such shares of stock without par value. Sec. 118. Section 502.610, subsections 1, 2, and 6, Code 2013, are amended to read as follows: 1. Sales and offers to sell. Sections 502.301 , 502.302 , section 502.401, subsection 1 , section 502.402, subsection 1 , section 502.403, subsection 1 , section 502.404, subsection 1 , and sections 502.501 , 502.506 , 502.509 , and 502.510 do not apply to a person that sells or offers to sell a security unless the offer to sell or the sale is made in this state or the offer to purchase or the purchase is made and accepted in this state. 2. Purchases and offers to purchase. Sections Section 502.401, subsection 1 , section 502.402, subsection 1 , section 502.403, subsection 1 , section 502.404, subsection 1 , and sections 502.501 , 502.506 , 502.509 , and 502.510 do not apply to a person that purchases or offers to purchase a security unless the offer to purchase or the purchase is made in this state or the offer to sell or the sale is made and accepted in this state. 6. Investment advice and misrepresentations. Sections Section 502.403, subsection 1 , section 502.404, subsection 1 , section 502.405, subsection 1 , and sections 502.502 , 502.505 , and 502.506 apply to a person if the person engages in an act, practice, or course of business instrumental in effecting prohibited or actionable conduct in this state, whether or not either party is then present in this state. Sec. 119. Section 507A.7, subsection 2, Code 2013, is amended to read as follows: 2. The court in any action, suit, or proceeding in which service is made as provided in section 507A.6, subsections 2 and 3 of section 507A.6 , or the commissioner of insurance in any administrative proceeding before the commissioner in which service is made as provided in section 507A.6, subsections 2 and 3 of section 507A.6 , may in the court’s or commissioner’s discretion, order such postponement as may be necessary to afford the defendant reasonable opportunity to comply with the
House File 417, p. 45 provisions of subsection 1 of this section and to defend such action. Sec. 120. Section 507C.28, subsection 1, paragraph b, subparagraph (4), Code 2013, is amended to read as follows: (4) The creditor receiving the transfer was an officer, or an employee, attorney or other person who was in fact in a position of comparable influence in the insurer to an officer whether or not the person held the position of an officer, or a shareholder directly or indirectly holding more than five per centum percent of a class of an equity security issued by the insurer, or other person, firm, corporation, association, or aggregation of persons with whom the insurer did not deal at arm’s length. Sec. 121. Section 508.36, subsection 4, Code 2013, is amended to read as follows: 4. Computation for minimum standards for annuities. a. Except as provided in subsection 5 , the minimum standard for the valuation of all individual annuity and pure endowment contracts issued on or after the operative date of this subsection , and for all annuities and pure endowments purchased on or after the operative date of this subsection under group annuity and pure endowment contracts, shall be the commissioner’s reserve valuation methods defined in subsections 6 and 7 , and the following tables and interest rates: a. (1) For individual annuity and pure endowment contracts issued prior to January 1, 1980, excluding any disability and accidental death benefits in such contracts, both of the following: (1) (a) The 1971 individual annuity mortality table, or any modification of this table approved by the commissioner. (2) (b) Six percent interest for single premium immediate annuity contracts, and four percent interest for all other individual annuity and pure endowment contracts. b. (2) For individual single premium immediate annuity contracts issued on or after January 1, 1980, excluding any disability and accidental death benefits in such contracts, both of the following: (1) (a) One of the following tables: (a) (i) The 1971 individual annuity mortality table. (b) (ii) An individual annuity mortality table, adopted after 1980 by the national association of insurance commissioners and approved by rule adopted by the commissioner for use in determining the minimum standard of valuation for
House File 417, p. 46 such contracts. (c) (iii) A modification of the tables identified in subparagraph divisions (a) subdivisions (i) and (b) (ii) approved by the commissioner. (2) (b) Seven and one-half percent interest. c. (3) For individual annuity and pure endowment contracts issued on or after January 1, 1980, other than single premium immediate annuity contracts, excluding any disability and accidental death benefits in such contracts, both of the following: (1) (a) One of the following tables: (a) (i) The 1971 individual annuity mortality table. (b) (ii) An individual annuity mortality table adopted after 1980 by the national association of insurance commissioners and approved by rule adopted by the commissioner for use in determining the minimum standard of valuation for such contracts. (c) (iii) A modification of the tables identified in subparagraph divisions (a) subdivisions (i) and (b) (ii) approved by the commissioner. (2) (b) Five and one-half percent interest for single premium deferred annuity and pure endowment contracts and four and one-half percent interest for all other such individual annuity and pure endowment contracts. d. (4) For all annuities and pure endowments purchased prior to January 1, 1980, under group annuity and pure endowment contracts, excluding any disability and accidental death benefits purchased under such contracts, both of the following: (1) (a) The 1971 group annuity mortality table or any modification of this table approved by the commissioner. (2) (b) Six percent interest. e. (5) For all annuities and pure endowments purchased on or after January 1, 1980, under group annuity and pure endowment contracts, excluding any disability and accidental death benefits purchased under such contracts, both of the following: (1) (a) One of the following tables: (a) (i) The 1971 group annuity mortality table. (b) (ii) A group annuity mortality table adopted after 1980 by the national association of insurance commissioners and approved by rule adopted by the commissioner for use in determining the minimum standard of valuation for such
House File 417, p. 47 annuities and pure endowments. (c) (iii) A modification of the tables identified in subparagraph divisions (a) subdivisions (i) and (b) (ii) approved by the commissioner. (2) (b) Seven and one-half percent interest. b. After July 1, 1973, a company may file with the commissioner a written notice of its election to comply with the provisions of this subsection after a specified date before January 1, 1979, which shall be the operative date of this section for such company, provided, if a company makes no election, the effective date of this section for a company is January 1, 1979. Sec. 122. Section 508.36, subsection 5, paragraph c, subparagraph (1), subparagraph division (a), Code 2013, is amended to read as follows: (a) (i) Weighting Factors for Life Insurance: Guarantee Duration (Years) Weighting Factors 10 or less .50 More than 10, but not more than 20 .45 More than 20 .35 (ii) For life insurance, the guarantee duration is the maximum number of years the life insurance can remain in force on a basis guaranteed in the policy or under options to convert to plans of life insurance with premium rates or nonforfeiture values or both which are guaranteed in the original policy. Sec. 123. Section 508.36, subsection 6, paragraph b, Code 2013, is amended to read as follows: b. (1) However, for a life insurance policy issued on or after January 1, 1998, for which the contract premium in the first policy year exceeds that of the second year and for which no comparable additional benefit is provided in the first year for such additional premium and which provides an endowment benefit or a cash surrender value or a combination of such benefit or value in an amount greater than the additional premium, the reserve according to the commissioner’s reserve valuation method as of any policy anniversary occurring on or before the assumed ending date defined as the first policy anniversary on which the sum of any endowment benefit and any cash surrender value then available is greater than such additional premium shall be, except as otherwise provided in subsection 10 , the greater of the reserve as of such policy anniversary calculated as described in paragraph “a” and the
House File 417, p. 48 reserve as of such policy anniversary calculated as described in paragraph “a” , but with the following modifications: (1) (a) The value defined in paragraph “a” being reduced by fifteen percent of the amount of such excess first year premium. (2) (b) All present values of benefits and premiums being determined without reference to premiums or benefits provided for by the policy after the assumed ending date. (3) (c) The policy being assumed to mature on such date as an endowment. (4) (d) The cash surrender value provided on such date being considered as an endowment benefit. (2) In making the above comparison the mortality and interest bases stated in subsections 4 and 5 shall be used. Sec. 124. Section 510.5, subsection 1, paragraph e, Code 2013, is amended to read as follows: e. Appropriate underwriting guidelines including but not limited to the following: (1) The maximum annual premium volume. (2) The basis of the rates to be charged. (3) The types of risks which may be written. (4) Maximum limits of liability. (5) Applicable exclusions. (6) Territorial limitations. (7) Policy cancellation provisions. (8) The maximum length or duration of the policy period. f. The insurer may cancel or refuse to renew any policy of insurance produced or underwritten by a managing general agent, subject to the applicable laws and rules concerning the cancellation and nonrenewal of insurance policies. Sec. 125. Section 511.8, subsection 22, paragraph a, subparagraph (4), Code 2013, is amended to read as follows: (4) “United States government-sponsored enterprise” means the federal national mortgage corporation under 12 U.S.C. § 1716 23i 1723i of the National Housing Act and the federal home loan marketing association under the Federal Home Loan Mortgage Act, 12 U.S.C. § 1451 59 1459 . Sec. 126. Section 515.13, Code 2013, is amended to read as follows: 515.13 Reservation. None of the provisions of subsection 5 of section 515.12 , subsection 5, shall apply to any company heretofore organized and approved by the commissioner of insurance, but which had