House Study Bill 631 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON BALTIMORE) A BILL FOR An Act relating to nonsubstantive code corrections. 1 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 2 TLSB 5492HC (1) 85 lh/rj
H.F. _____ DIVISION I 1 MISCELLANEOUS CHANGES 2 Section 1. Section 2.10, subsection 5, Code 2014, is amended 3 to read as follows: 4 5. a. In addition to the salaries and expenses authorized 5 by this section , a member of the general assembly shall be paid 6 a per diem, and necessary travel and actual expenses incurred 7 in attending meetings for which per diem or expenses are 8 authorized by law for members of the general assembly who serve 9 on statutory boards, commissions, or councils, and for standing 10 or interim committee or subcommittee meetings subject to the 11 provisions of section 2.14 , or when on authorized legislative 12 business when the general assembly is not in session. However, 13 if a member of the general assembly is engaged in authorized 14 legislative business at a location other than at the seat 15 of government during the time the general assembly is in 16 session, payment may be made for the actual transportation and 17 lodging costs incurred because of the business. Such per diem 18 or expenses shall be paid promptly from funds appropriated 19 pursuant to section 2.12 . 20 b. For purposes of this section , “per diem” means the 21 maximum amount generally allowable to employees of the 22 executive branch of the federal government for per diem while 23 away from home at the seat of government. 24 Sec. 2. Section 2.48, subsection 4, Code 2014, is amended 25 to read as follows: 26 4. Subsequent additional review. A tax expenditure or 27 incentive reviewed pursuant to subsection 3 shall be reviewed 28 again not more than five years after the tax expenditure or 29 incentive was most recently reviewed. 30 Sec. 3. Section 8.6, subsection 17, paragraphs c and d, Code 31 2014, are amended to read as follows: 32 c. (1) To establish, by rule, a customer council 33 responsible for overseeing the services provided solely by the 34 department of administrative services. The rules adopted shall 35 -1- LSB 5492HC (1) 85 lh/rj 1/ 104
H.F. _____ provide for all of the following: 1 (1) (a) The method of appointment of members to the council 2 by the governmental entities required to receive the services. 3 (2) (b) The duties of the customer council which shall be 4 as follows: 5 (a) (i) Annual review and approval of the department of 6 administrative services’ business plan regarding services 7 provided solely by the department of administrative services. 8 (b) (ii) Annual review and approval of the procedure 9 for resolving complaints concerning services provided by the 10 department of administrative services. 11 (c) (iii) Annual review and approval of the procedure 12 for setting rates for the services provided solely by the 13 department of administrative services. 14 (3) (c) A process for receiving input from affected 15 governmental entities as well as for a biennial review by the 16 customer council of the determinations made by the department 17 of which services are funded by an appropriation to the 18 department of administrative services and which services are 19 funded by the governmental entities receiving the service, 20 including any recommendations as to whether the department 21 of administrative services shall be the sole provider of a 22 service funded by the governmental entities receiving the 23 service. The department, in consultation with the department 24 of administrative services, may change the determination of 25 a service if it is determined that the change is in the best 26 interests of those governmental entities receiving the service. 27 d. (2) If a service to be provided may also be provided 28 to the judicial branch and legislative branch, then the rules 29 shall provide that the chief justice of the supreme court may 30 appoint a member to the customer council, and the legislative 31 council may appoint a member from the senate and a member from 32 the house of representatives to the customer council, in their 33 discretion. 34 Sec. 4. Section 10A.104, subsection 10, Code 2014, is 35 -2- LSB 5492HC (1) 85 lh/rj 2/ 104
H.F. _____ amended to read as follows: 1 10. Enter into and implement agreements or compacts between 2 the state of Iowa and Indian tribes located in the state which 3 are entered into under the authority of the Indian Gaming 4 Regulatory Act (25 , 25 U.S.C. § 2701 et seq.). seq. The 5 agreements or compacts shall contain provisions intended to 6 implement the policies and objectives of the Indian Gaming 7 Regulatory Act. 8 Sec. 5. Section 10A.105, subsection 3, Code 2014, is amended 9 to read as follows: 10 3. The state shall maintain records and materials related 11 to an agreement or compact entered into pursuant to the Indian 12 Gaming Regulatory Act (25 , 25 U.S.C. § 2701 et seq.) seq. , as 13 confidential records if confidentiality is required by the 14 terms of the agreement or compact. 15 Sec. 6. Section 13B.4B, subsection 2, paragraph b, 16 unnumbered paragraph 1, Code 2014, is amended to read as 17 follows: 18 Summary claims data may be released if the data contains 19 no does not contain information that is required to be kept 20 confidential pursuant to an attorney’s obligations under the 21 Iowa rules of professional conduct. Such summary data may 22 include: 23 Sec. 7. Section 15J.2, subsection 13, Code 2014, is amended 24 to read as follows: 25 13. “Substantially improved” means that the cost of the 26 improvements are is equal to or exceed exceeds fifty percent of 27 the assessed value of the property, excluding the land, prior 28 to such improvements. 29 Sec. 8. Section 16.1, subsection 1, paragraph x, Code 2014, 30 is amended to read as follows: 31 x. “Low or moderate income families” means families who 32 cannot afford to pay enough to cause private enterprise in 33 their locality to build an adequate supply of decent, safe, and 34 sanitary dwellings for their use, and also includes, but is not 35 -3- LSB 5492HC (1) 85 lh/rj 3/ 104
H.F. _____ limited to , (1) elderly the following: 1 (1) Elderly families, families in which one or more persons 2 are persons with disabilities, lower income families and very 3 low income families , and (2) families . 4 (2) Families purchasing or renting qualified residential 5 housing. 6 Sec. 9. Section 16.2A, subsection 1, Code 2014, is amended 7 to read as follows: 8 1. A title guaranty division is created within the 9 authority. The powers of the division relating to the issuance 10 of title guaranties are vested in and shall be exercised by 11 a division board of five members appointed by the governor 12 subject to confirmation by the senate. The membership of 13 the division board shall include an attorney, an abstractor, 14 a real estate broker, a representative of a mortgage lender, 15 and a representative of the housing development industry. The 16 executive director of the authority shall appoint an attorney 17 as director of the title guaranty division, who shall serve as 18 an ex officio member of the division board. The appointment of 19 and compensation for the division director are exempt from the 20 merit system provisions of chapter 8A, subchapter IV . 21 Sec. 10. Section 24.9, Code 2014, is amended to read as 22 follows: 23 24.9 Filing estimates —— notice of hearing —— amendments. 24 1. a. Each municipality shall file with the secretary or 25 clerk thereof the estimates required to be made in sections 26 24.3 to 24.8 , at least twenty days before the date fixed by 27 law for certifying the same to the levying board and shall 28 forthwith fix a date for a hearing thereon, and shall publish 29 such estimates and any annual levies previously authorized 30 as provided in section 76.2 , with a notice of the time when 31 and the place where such hearing shall be held not less than 32 ten nor more than twenty days before the hearing. Provided 33 that in municipalities of less than two hundred population 34 such estimates and the notice of hearing thereon shall be 35 -4- LSB 5492HC (1) 85 lh/rj 4/ 104
H.F. _____ posted in three public places in the district in lieu of 1 publication. For any other municipality such publication shall 2 be in a newspaper published therein, if any, if not, then in a 3 newspaper of general circulation therein. 4 For any other municipality such publication shall be in 5 a newspaper published therein, if any, if not, then in a 6 newspaper of general circulation therein. 7 b. The department of management shall prescribe the form for 8 public hearing notices for use by municipalities. 9 2. Budget estimates adopted and certified in accordance 10 with this chapter may be amended and increased as the need 11 arises to permit appropriation and expenditure during the 12 fiscal year covered by the budget of unexpended cash balances 13 on hand at the close of the preceding fiscal year and which 14 cash balances had not been estimated and appropriated for 15 expenditure during the fiscal year of the budget sought to 16 be amended, and also to permit appropriation and expenditure 17 during the fiscal year covered by the budget of amounts of cash 18 anticipated to be available during the year from sources other 19 than taxation and which had not been estimated and appropriated 20 for expenditure during the fiscal year of the budget sought 21 to be amended. Such amendments to budget estimates may be 22 considered and adopted at any time during the fiscal year 23 covered by the budget sought to be amended, by filing the 24 amendments and upon publishing them and giving notice of the 25 public hearing in the manner required in this section . Within 26 ten days of the decision or order of the certifying or levying 27 board, the proposed amendment of the budget is subject to 28 protest, hearing on the protest, appeal to the state appeal 29 board and review by that body, all in accordance with sections 30 24.27 to 24.32 , so far as applicable. A local budget shall be 31 amended by May 31 of the current fiscal year to allow time for a 32 protest hearing to be held and a decision rendered before June 33 30. An amendment of a budget after May 31 which is properly 34 appealed but without adequate time for hearing and decision 35 -5- LSB 5492HC (1) 85 lh/rj 5/ 104
H.F. _____ before June 30 is void. Amendments to budget estimates 1 accepted or issued under this section are not within section 2 24.14 . 3 Sec. 11. Section 28E.24, Code 2014, is amended to read as 4 follows: 5 28E.24 Revenue and tax levies. 6 1. a. The county board of supervisors shall certify to 7 the public safety commission the amount of revenue from the 8 county general fund credited to the unincorporated area in 9 the district based upon an average of revenues raised for law 10 enforcement purposes in the unincorporated area for the three 11 previous years. The public safety commission shall subtract 12 this amount from the amount of revenue to be contributed by 13 the unincorporated area. The difference is the amount of 14 additional revenue needed for unified law enforcement purposes. 15 b. In addition, the county board of supervisors and the 16 city council of each city in the district shall certify to 17 the public safety commission the amounts of revenue from the 18 county and from the city general fund credited to each city 19 in the district based upon an average of revenues raised for 20 law enforcement purposes in each city for the three previous 21 years. The public safety commission shall subtract the total 22 of these amounts from the amount of revenue to be contributed 23 by each city respectively. The difference for each city is the 24 amount of additional revenue needed for unified law enforcement 25 purposes. 26 2. The county board of supervisors and the council of each 27 city located within the district shall review the proposed 28 budget and upon the approval of the budget by the board 29 of supervisors and all city councils in the district, each 30 governing body shall determine the source of the additional 31 revenue needed for unified law enforcement purposes. If the 32 tax levy is approved as the source of revenue, the governing 33 body shall certify to the county auditor the amount of revenue 34 to be raised from the tax levy in either the unincorporated 35 -6- LSB 5492HC (1) 85 lh/rj 6/ 104
H.F. _____ area of the district or a city in the district. 1 3. If the tax rate in any of the cities or the 2 unincorporated area exceeds the limitations prescribed in 3 section 28E.22 , the public safety commission shall revise the 4 budget to conform with the tax limitations. 5 4. The county board of supervisors and the city council of 6 each city in the district shall deposit in the public safety 7 fund the amounts of revenue certified to the public safety 8 commission in this section based upon an average of revenues 9 raised for law enforcement purposes for the three previous 10 years. 11 5. If the average of revenues raised for law enforcement 12 purposes in the unincorporated area or a city for the previous 13 three years exceeds the amount of revenue needed for unified 14 law enforcement purposes, the unincorporated area or city is 15 only required to contribute the amount of revenue needed. 16 6. Taxes collected pursuant to the tax levies and other 17 moneys received from the county and cities in the district 18 shall be placed in a public safety fund and used only for the 19 operation of the district. Any unencumbered funds remaining 20 in the fund at the end of a fiscal year shall carry over to 21 the next fiscal year and may be used for the operation of the 22 district. 23 Sec. 12. Section 49.7, Code 2014, is amended to read as 24 follows: 25 49.7 Reprecincting schedule and filing requirements. 26 1. Where reprecincting is necessary, city councils 27 and county boards of supervisors or the temporary county 28 redistricting commission shall make any necessary changes 29 in precincts as soon as possible after the redistricting of 30 congressional and legislative districts becomes law. 31 2. a. City councils shall complete any changes in precinct 32 and ward boundaries necessary to comply with sections 49.3 33 and 49.5 not later than sixty days after the redistricting 34 of congressional and legislative districts becomes law, or 35 -7- LSB 5492HC (1) 85 lh/rj 7/ 104
H.F. _____ September 1 of the year immediately following each year in 1 which the federal decennial census is taken, whichever is 2 later. Different compliance dates may be set by the general 3 assembly by joint resolution. 4 b. County boards of supervisors or the temporary county 5 redistricting commission shall complete any changes in precinct 6 and supervisor district boundaries necessary to comply with 7 sections 49.3 , 49.4 , and 331.209 not later than ninety days 8 after the redistricting of congressional and legislative 9 districts becomes law, or October 15 of the year immediately 10 following each year in which the federal decennial census is 11 taken, whichever is later. Different compliance dates may be 12 set by the general assembly by joint resolution. 13 3. Each county board of supervisors or the temporary county 14 redistricting commission and city council shall immediately 15 notify the state commissioner and the commissioner when the 16 boundaries of election precincts are changed, and shall provide 17 a map showing the new boundary lines. Each county board or 18 the temporary county redistricting commission and city council 19 shall certify to the state commissioner the populations of 20 the new election precincts or retained election precincts as 21 determined by the latest federal decennial census. Materials 22 filed with the state commissioner shall be postmarked no later 23 than the deadline specified in this section . 24 4. If the state commissioner determines that a county 25 board or the temporary county redistricting commission or city 26 council has failed to make the required changes by the dates 27 specified by this section , the state commissioner shall make 28 or cause to be made the necessary changes as soon as possible. 29 The state commissioner shall assess to the county or city, as 30 the case may be, the expenses incurred in making the necessary 31 changes. The state commissioner may request the services 32 of personnel and materials available to the legislative 33 services agency to assist the state commissioner in making 34 required changes in election precincts which become the state 35 -8- LSB 5492HC (1) 85 lh/rj 8/ 104
H.F. _____ commissioner’s responsibility. 1 5. Precinct boundaries shall become effective on January 2 15 of the second year following the year in which the census 3 was taken and shall be used for all subsequent elections. 4 Precinct boundaries drawn by the state commissioner shall be 5 incorporated into the ordinances of the city or county. 6 6. Changes made to precincts in years other than the year 7 following the year in which the federal decennial census is 8 taken shall be filed with the state commissioner as soon as 9 possible. 10 Sec. 13. Section 49.64, Code 2014, is amended to read as 11 follows: 12 49.64 Number of ballots delivered. 13 The commissioner shall cause ballots of the kind to be voted 14 in each precinct to be delivered to the precinct election 15 officials as follows: in 16 1. In general elections which are presidential elections at 17 least fifty-five ballots for every fifty votes, or fraction of 18 fifty votes, cast in the precinct at the last preceding general 19 election which was also a presidential election ; and in . 20 2. In general elections which are not presidential 21 elections, at least fifty-five ballots for every fifty votes, 22 or fraction of fifty votes, cast at the last preceding general 23 election which was not a presidential election. 24 Sec. 14. Section 53.37, subsections 1, 2, and 4, Code 2014, 25 are amended to read as follows: 26 1. This division subchapter is intended to implement the 27 federal Uniform Uniformed and Overseas Citizens Absentee Voting 28 Act, 42 U.S.C. § 1973ff et seq. 29 2. The term “armed forces of the United States” , as used in 30 this division subchapter , shall mean the army, navy, marine 31 corps, coast guard, and air force of the United States. 32 4. For the purposes of this division subchapter , “qualified 33 voter” means a person who is included within the term “armed 34 forces of the United States” as described in this section , who 35 -9- LSB 5492HC (1) 85 lh/rj 9/ 104
H.F. _____ would be qualified to register to vote under section 48A.5, 1 subsection 2 , except for residency, and who is not disqualified 2 from registering to vote and voting under section 48A.6 . 3 Sec. 15. Section 70A.26, Code 2014, is amended to read as 4 follows: 5 70A.26 Disaster service volunteer leave. 6 An employee of an appointing authority who is a certified 7 disaster service volunteer of the American red cross may be 8 granted leave with pay from work for not more than fifteen 9 working days in any twelve-month period to participate in 10 disaster relief services for the American red cross at the 11 request of the American red cross for the services of that 12 employee and upon the approval of the employee’s appointing 13 authority without loss of seniority, pay, vacation time, 14 personal days, sick leave, insurance and health coverage 15 benefits, or earned overtime accumulation. The appointing 16 authority shall compensate an employee granted leave under this 17 section at the employee’s regular rate of pay for those regular 18 work hours during which the employee is absent from work. An 19 employee deemed to be on leave under this section shall not be 20 deemed to be an employee of the state for purposes of workers’ 21 compensation. An employee deemed to be on leave under this 22 section shall not be deemed to be an employee of the state for 23 purposes of the Iowa tort claims Act , chapter 669 . Leave under 24 this section shall be granted only for services relating to a 25 disaster in the state of Iowa. 26 Sec. 16. Section 70A.39, subsection 4, Code 2014, is amended 27 to read as follows: 28 4. An employee deemed to be on leave under this section 29 shall not be deemed to be an employee of the state for purposes 30 of workers’ compensation or for purposes of the Iowa tort 31 claims Act , chapter 669 . 32 Sec. 17. Section 73A.21, subsection 6, paragraph h, Code 33 2014, is amended to read as follows: 34 h. The commissioner shall require a contractor or 35 -10- LSB 5492HC (1) 85 lh/rj 10/ 104
H.F. _____ subcontractor to file, within ten days of receipt of a request, 1 any records enumerated in subsection 7 . If the contractor or 2 subcontractor fails to provide the requested records within ten 3 days, the commissioner may direct, within fifteen days after 4 the end of the ten-day period, that the fiscal or financial 5 office charged with the custody and disbursement of funds of 6 the public body that contracted for construction of the public 7 improvement or undertook the public improvement, to immediately 8 withhold from payment to the contractor or subcontractor 9 up to twenty-five percent of the amount to be paid to the 10 contractor or subcontractor under the terms of the contract 11 or written instrument under which the public improvement is 12 being performed. The amount withheld shall be immediately 13 released upon receipt by the public body of a notice from 14 the commissioner indicating that the request for records as 15 required by this section has been satisfied. 16 Sec. 18. Section 85.64, Code 2014, is amended to read as 17 follows: 18 85.64 Limitation of benefits. 19 1. If an employee who has previously lost, or lost the 20 use of, one hand, one arm, one foot, one leg, or one eye, 21 becomes permanently disabled by a compensable injury which has 22 resulted in the loss of or loss of use of another such member 23 or organ, the employer shall be liable only for the degree of 24 disability which would have resulted from the latter injury 25 if there had been no preexisting disability. In addition to 26 such compensation, and after the expiration of the full period 27 provided by law for the payments thereof by the employer, 28 the employee shall be paid out of the “Second Injury Fund” 29 created by this division subchapter the remainder of such 30 compensation as would be payable for the degree of permanent 31 disability involved after first deducting from such remainder 32 the compensable value of the previously lost member or organ. 33 2. Any benefits received by any such employee, or to which 34 the employee may be entitled, by reason of such increased 35 -11- LSB 5492HC (1) 85 lh/rj 11/ 104
H.F. _____ disability from any state or federal fund or agency, to which 1 said employee has not directly contributed, shall be regarded 2 as a credit to any award made against said second injury fund 3 as aforesaid. 4 Sec. 19. Section 88.5, subsection 3, paragraph b, 5 subparagraphs (3) and (4), Code 2014, are amended to read as 6 follows: 7 (3) A statement of the steps the employer has taken and will 8 take (with , with specific dates) dates, to protect employees 9 against the hazard covered by the standard. 10 (4) A statement of when the employer expects to be able 11 to comply with the standard and what steps the employer 12 has taken and what steps the employer will take (with , with 13 dates specified) specified, to come into compliance with the 14 standard. 15 Sec. 20. Section 89.4, subsection 1, paragraph k, 16 subparagraph (3), Code 2014, is amended to read as follows: 17 (3) Water temperature in the boiler does not exceed three 18 hundred fifty 350 degrees Fahrenheit. 19 Sec. 21. Section 96.3, subsection 5, paragraph a, Code 2014, 20 is amended to read as follows: 21 a. Duration of benefits. The maximum total amount of 22 benefits payable to an eligible individual during a benefit 23 year shall not exceed the total of the wage credits accrued 24 to the individual’s account during the individual’s base 25 period, or twenty-six times the individual’s weekly benefit 26 amount, whichever is the lesser. The director shall maintain 27 a separate account for each individual who earns wages in 28 insured work. The director shall compute wage credits for each 29 individual by crediting the individual’s account with one-third 30 of the wages for insured work paid to the individual during 31 the individual’s base period. However, the director shall 32 recompute wage credits for an individual who is laid off due to 33 the individual’s employer going out of business at the factory, 34 establishment, or other premises at which the individual was 35 -12- LSB 5492HC (1) 85 lh/rj 12/ 104
H.F. _____ last employed, by crediting the individual’s account with 1 one-half, instead of one-third, of the wages for insured work 2 paid to the individual during the individual’s base period. 3 Benefits paid to an eligible individual shall be charged 4 against the base period wage credits in the individual’s 5 account which have not been previously charged, in the inverse 6 chronological order as the wages on which the wage credits are 7 based were paid. However if the state “off indicator” “off” 8 indicator is in effect and if the individual is laid off due to 9 the individual’s employer going out of business at the factory, 10 establishment, or other premises at which the individual was 11 last employed, the maximum benefits payable shall be extended 12 to thirty-nine times the individual’s weekly benefit amount, 13 but not to exceed the total of the wage credits accrued to the 14 individual’s account. 15 Sec. 22. Section 96.11, subsection 10, paragraph b, Code 16 2014, is amended to read as follows: 17 b. In the administration of the provisions of section 18 96.29 which are enacted to conform with the requirements of 19 the Federal-State Extended Unemployment Compensation Act of 20 1970, the department shall take such action as may be necessary 21 to insure ensure that the provisions are so interpreted and 22 applied as to meet the requirements of such federal Act as 23 interpreted by the United States department of labor, and to 24 secure to this state the full reimbursement of the federal 25 share of extended benefits paid under this chapter that are 26 reimbursable under the federal Act. 27 Sec. 23. Section 99F.9, Code 2014, is amended to read as 28 follows: 29 99F.9 Wagering —— age restrictions. 30 1. Except as permitted in this section , the licensee shall 31 permit no form of wagering on gambling games. 32 2. Reserved. 33 3. 2. The licensee may receive wagers only from a person 34 present on a licensed excursion gambling boat, licensed 35 -13- LSB 5492HC (1) 85 lh/rj 13/ 104
H.F. _____ gambling structure, or in a licensed racetrack enclosure. 1 4. 3. The licensee shall exchange the money of each wagerer 2 for tokens, chips, or other forms of credit to be wagered on 3 the gambling games. However, nickels and quarters of legal 4 tender may be used for wagering in lieu of tokens or other 5 forms of credit. The licensee shall exchange the gambling 6 tokens, chips, or other forms of wagering credit for money at 7 the request of the wagerer. 8 5. 4. A person under the age of twenty-one years shall not 9 make or attempt to make a wager on an excursion gambling boat, 10 gambling structure, or in a racetrack enclosure and shall not 11 be allowed on the gaming floor of an excursion gambling boat 12 or gambling structure or in the wagering area, as defined in 13 section 99D.2 , or on the gaming floor of a racetrack enclosure. 14 However, a person eighteen years of age or older may be 15 employed to work on the gaming floor of an excursion gambling 16 boat or gambling structure or in the wagering area or on the 17 gaming floor of a racetrack enclosure. A person who violates 18 this subsection with respect to making or attempting to make 19 a wager commits a scheduled violation under section 805.8C, 20 subsection 5 , paragraph “a” . 21 6. 5. a. A person under the age of twenty-one years shall 22 not enter or attempt to enter the gaming floor or wagering 23 area, as defined in section 99D.2 , of a facility licensed under 24 this chapter to operate gambling games. 25 b. A person under the age of twenty-one years does not 26 violate this subsection if any of the following circumstances 27 apply: 28 (1) The person is employed to work at the facility. 29 (2) The person is an employee or agent of the commission, 30 the division, a distributor, or a manufacturer, and acting 31 within the scope of the person’s employment. 32 (3) The person is present in a racetrack enclosure and does 33 not enter or attempt to enter the gaming floor or wagering area 34 of the facility. 35 -14- LSB 5492HC (1) 85 lh/rj 14/ 104
H.F. _____ c. A person who violates this subsection commits a simple 1 misdemeanor punishable as a scheduled violation under section 2 805.8C, subsection 5 , paragraph “b” . 3 7. 6. A licensee shall not accept a credit card as defined 4 in section 537.1301, subsection 17 , to purchase coins, tokens, 5 or other forms of credit to be wagered on gambling games. 6 Sec. 24. Section 99F.11, subsection 3, paragraph d, 7 subparagraph (3), Code 2014, is amended to read as follows: 8 (3) One-half of the moneys remaining after the 9 appropriation in subparagraph (1) shall be credited, on a 10 quarterly basis, to the rebuild Iowa infrastructure fund 11 created in section 8.57 . 12 Sec. 25. Section 101A.7, Code 2014, is amended to read as 13 follows: 14 101A.7 Inspection of storage facility. 15 1. The licensee’s or permittee’s explosive storage facility 16 shall be inspected at least once a year by a representative of 17 the state fire marshal’s office, except that the state fire 18 marshal may, at those mining operations licensed and regulated 19 by the United States department of labor, accept an approved 20 inspection report issued by the United States department 21 of labor, mine safety and health administration, for the 22 twelve-month period following the issuance of the report. The 23 state fire marshal shall notify the appropriate city or county 24 governing board of licenses to be issued in their respective 25 jurisdictions pursuant to this chapter . The notification shall 26 contain the name of the applicant to be licensed, the location 27 of the facilities to be used in storing explosives, the types 28 and quantities of explosive materials to be stored, and other 29 information deemed necessary by either the governing boards 30 or the state fire marshal. The facility may be examined at 31 other times by the sheriff of the county where the facility is 32 located or by the local police authority if the facility is 33 located within a city of over ten thousand population and if 34 the sheriff or city council considers it necessary. 35 -15- LSB 5492HC (1) 85 lh/rj 15/ 104
H.F. _____ 2. If the state fire marshal finds the facility to be 1 improperly secured, the licensee or permittee shall immediately 2 correct the improper security and, if not so corrected, the 3 state fire marshal shall immediately confiscate the stored 4 explosives. Explosives may be confiscated by the county 5 sheriff or local police authority only if a situation that 6 is discovered during an examination by those authorities is 7 deemed to present an immediate danger. If the explosives are 8 confiscated by the county sheriff or local police authority, 9 they shall be delivered to the state fire marshal. The state 10 fire marshal shall hold confiscated explosives for a period of 11 thirty days under proper security unless the period of holding 12 is shortened pursuant to this section . 13 3. If the licensee or permittee corrects the improper 14 security within the thirty-day period, the explosives shall 15 be returned to the licensee or permittee after correction and 16 after the licensee or permittee has paid to the state an amount 17 equal to the expense incurred by the state in storing the 18 explosives during the period of confiscation. The amount of 19 expense shall be determined by the state fire marshal. 20 4. If the improper security is not corrected during the 21 thirty-day period, the state fire marshal shall dispose of the 22 explosives and the license or permit shall be canceled. A 23 canceled license or permit shall not be reissued for a period 24 of two years from the date of cancellation. 25 Sec. 26. Section 123.41, subsection 1, Code 2014, is amended 26 to read as follows: 27 1. Each application to obtain or renew a manufacturer’s 28 license shall be submitted to the division electronically, 29 or in a manner prescribed by the administrator, and shall be 30 accompanied by a fee of three hundred fifty dollars payable to 31 the division. The administrator may in accordance with this 32 chapter grant and issue to a manufacturer a manufacturer’s 33 license, valid for a one-year period after date of issuance, 34 to a manufacturer which shall allow the manufacture, storage, 35 -16- LSB 5492HC (1) 85 lh/rj 16/ 104
H.F. _____ and wholesale disposition and sale of alcoholic liquors to the 1 division and to customers outside of the state. 2 Sec. 27. Section 123.50, subsection 2, Code 2014, is amended 3 to read as follows: 4 2. The conviction of any liquor control licensee, wine 5 permittee, or beer permittee for a violation of any of the 6 provisions of section 123.49 , subject to subsection 3 of this 7 section , is grounds for the suspension or revocation of the 8 license or permit by the division or the local authority. 9 However, if any liquor control licensee is convicted of any 10 violation of section 123.49, subsection 2 , paragraph “a” , 11 “d” , or “e” , of that section, or any wine or beer permittee 12 is convicted of a violation of section 123.49, subsection 13 2, paragraph “a” or “e” of that section , the liquor control 14 license, wine permit, or beer permit shall be revoked and shall 15 immediately be surrendered by the holder, and the bond, if 16 any, of the license or permit holder shall be forfeited to the 17 division. 18 Sec. 28. Section 124.201, subsection 4, Code 2014, is 19 amended to read as follows: 20 4. If any new substance is designated as a controlled 21 substance under federal law and notice of the designation is 22 given to the board, the board shall similarly designate as 23 controlled the new substance under this chapter after the 24 expiration of thirty days from publication in the Federal 25 Register federal register of a final order designating a 26 new substance as a controlled substance, unless within that 27 thirty-day period the board objects to the new designation. In 28 that case the board shall publish the reasons for objection 29 and afford all interested parties an opportunity to be heard. 30 At the conclusion of the hearing the board shall announce its 31 decision. Upon publication of objection to a new substance 32 being designated as a controlled substance under this chapter 33 by the board, control under this chapter is stayed until the 34 board publishes its decision. If a substance is designated as 35 -17- LSB 5492HC (1) 85 lh/rj 17/ 104
H.F. _____ controlled by the board under this subsection the control shall 1 be temporary and if, within sixty days after the next regular 2 session of the general assembly convenes, the general assembly 3 has not made the corresponding changes in this chapter , the 4 temporary designation of control of the substance by the board 5 shall be nullified. 6 Sec. 29. Section 135.64, subsection 3, Code 2014, is amended 7 to read as follows: 8 3. In the evaluation of applications for certificates 9 of need submitted by the university hospital at of Iowa 10 City hospitals and clinics , the unique features of that 11 institution relating to statewide tertiary health care, health 12 science education, and clinical research shall be given due 13 consideration. Further, in administering this division , the 14 unique capacity of university hospitals for the evaluation 15 of technologically innovative equipment and other new health 16 services shall be utilized. 17 Sec. 30. Section 135.152, subsection 5, paragraph c, Code 18 2014, is amended to read as follows: 19 c. The department, in cooperation with the department of 20 human services, shall develop a standardized application form 21 for the program and shall coordinate the determination of 22 eligibility for the medical assistance and medically needy 23 programs under chapter 249A , and for the obstetrical and 24 newborn indigent patient care program. 25 Sec. 31. Section 135B.34, subsection 2, paragraph b, 26 subparagraph (1), Code 2014, is amended to read as follows: 27 (1) If a person being considered for employment, other than 28 employment involving the operation of a motor vehicle, has 29 been convicted of a crime listed in subparagraph (2) but does 30 not have a record of founded child or dependent adult abuse 31 and the hospital has requested an evaluation in accordance 32 with paragraph “a” to determine whether the crime warrants 33 prohibition of the person’s employment, the hospital may employ 34 the person for not more than sixty calendar days pending 35 -18- LSB 5492HC (1) 85 lh/rj 18/ 104
H.F. _____ completion of the evaluation. 1 Sec. 32. Section 137F.1, subsection 12, paragraph c, Code 2 2014, is amended to read as follows: 3 c. A food with a hydrogen ion concentration (pH) level of 4 4.6 or below when measured at twenty-four 24 degrees Centigrade 5 or seventy-five 75 degrees Fahrenheit. 6 Sec. 33. Section 163.4, Code 2014, is amended to read as 7 follows: 8 163.4 Powers of assistants. 9 Such assistant Assistant veterinarians shall have power, 10 under the direction of the department, to perform all acts 11 necessary to carry out the provisions of law relating to 12 infectious and contagious diseases among animals, and shall be 13 furnished by the department with the necessary supplies and 14 materials which shall be paid for out of the appropriation for 15 the eradication of infectious and contagious diseases among 16 animals. 17 Sec. 34. Section 163.5, Code 2014, is amended to read as 18 follows: 19 163.5 Oaths. 20 Such assistant Assistant veterinarians shall have power to 21 administer oaths and affirmations to appraisers acting under 22 this and the following chapters of this subtitle. 23 Sec. 35. Section 163.27, subsection 1, Code 2014, is amended 24 to read as follows: 25 1. Garbage shall not be fed to an animal unless such garbage 26 has been heated to a temperature of two hundred twelve 212 27 degrees Fahrenheit for thirty minutes, or other acceptable 28 method, as provided by rules adopted by the department. 29 However, this requirement shall not apply to an individual who 30 feeds to the individual’s own animals only the garbage obtained 31 from the individual’s own household. 32 Sec. 36. Section 175.5, unnumbered paragraph 1, Code 2014, 33 is amended to read as follows: 34 In the performance of its duties, implementation of its 35 -19- LSB 5492HC (1) 85 lh/rj 19/ 104
H.F. _____ powers, and the selection of specific programs and projects to 1 receive its assistance under this chapter , the authority shall 2 be guided by the following principles: 3 Sec. 37. Section 176A.10, subsection 2, Code 2014, is 4 amended to read as follows: 5 2. An extension council of an extension district may choose 6 to be subject to the levy and revenue limits specified in 7 subparagraphs (2) of subsection 1 , paragraphs paragraph “a” 8 through , subparagraph (2), paragraph “b” , subparagraph (2), 9 paragraph “c” , subparagraph (2), and paragraph “d” , subparagraph 10 (2) and subsection 1 , paragraph “e” , for the purpose of the 11 annual levy for the fiscal year commencing July 1, 1991, which 12 levy is payable in the fiscal year beginning July 1, 1992. 13 Before an extension district may be subject to the levy and 14 revenue limits specified in subparagraphs (2) of subsection 1 , 15 paragraphs paragraph “a” through , subparagraph (2), paragraph 16 “b” , subparagraph (2), paragraph “c” , subparagraph (2), and 17 paragraph “d” , subparagraph (2) and subsection 1 , paragraph 18 “e” , for fiscal years beginning on or after July 1, 1992, which 19 levy is payable in fiscal years beginning on or after July 1, 20 1993, the question of whether the district shall be subject to 21 the levy and revenue limits as specified in such paragraphs 22 must be submitted to the registered voters of the district. 23 The question shall be submitted at the time of a general 24 election. If the question is approved by a majority of those 25 voting on the question the levy and revenue limits specified 26 in subparagraphs (2) of subsection 1 , paragraphs paragraph “a” 27 through , subparagraph (2), paragraph “b” , subparagraph (2), 28 paragraph “c” , subparagraph (2), and paragraph “d” , subparagraph 29 (2) and subsection 1 , paragraph “e” , shall thereafter apply to 30 the extension district. The question need only be approved at 31 one general election. If a majority of those voting on the 32 question vote against the question, the district may continue 33 to submit the question at subsequent general elections until 34 approved. 35 -20- LSB 5492HC (1) 85 lh/rj 20/ 104
H.F. _____ Sec. 38. Section 185C.6, subsection 2, Code 2014, is amended 1 to read as follows: 2 2. Three board elected directors. Each such director shall 3 be elected by the board. The candidate receiving the highest 4 number of votes by the board shall be elected to represent the 5 state on an at-large basis. 6 Sec. 39. Section 189A.2, subsections 7 and 8, Code 2014, are 7 amended to read as follows: 8 7. “Federal Food, Drug, and Cosmetic Act” means the Act so 9 entitled, approved June 25, 1938 (52 , 52 Stat. 1040) 1040 , and 10 Acts amendatory thereof or supplementary thereto. 11 8. “Federal Meat Inspection Act” means the Act so entitled 12 approved March 4, 1907 (34 , 34 Stat. 1260) 1260 , as amended by 13 the Wholesome Meat Act (81 , 81 Stat. 584) 584 ; “Federal Poultry 14 Products Inspection Act” means the Act so entitled approved 15 August 28, 1957 (71 , 71 Stat. 441) 441 , as amended by the 16 Wholesome Poultry Products Act (82 , 82 Stat. 791) 791 ; and 17 “federal Acts” means these two federal laws. 18 Sec. 40. Section 196.8, subsection 1, Code 2014, is amended 19 to read as follows: 20 1. All eggs offered for sale to an establishment must be 21 no lower than United States department of agriculture consumer 22 grade “B”. From the time of candling and grading until they 23 reach the consumer, all eggs designated for human consumption 24 shall be held at a temperature not to exceed forty-five 25 45 degrees Fahrenheit or seven 7 degrees Celsius ambient 26 temperature. The forty-five 45 degrees Fahrenheit or seven 7 27 degrees Celsius ambient temperature requirement applies to any 28 place or room in which eggs are stored, except inside a vehicle 29 during transportation where the ambient temperature may exceed 30 forty-five 45 degrees Fahrenheit or seven 7 degrees Celsius, 31 provided the transport vehicle is equipped with refrigeration 32 units capable of delivering air at a temperature not greater 33 than forty-five 45 degrees Fahrenheit or seven 7 degrees 34 Celsius and capable of cooling the vehicle to a temperature 35 -21- LSB 5492HC (1) 85 lh/rj 21/ 104
H.F. _____ not greater than forty-five 45 degrees Fahrenheit or seven 7 1 degrees Celsius. All shell eggs shall be kept from freezing. 2 Sec. 41. Section 203C.3, subsection 7, Code 2014, is amended 3 to read as follows: 4 7. The actions of the department in connection with 5 petitioning for appointment as a receiver, and all actions 6 pursuant to such appointment shall not be subject to the 7 provisions of the administrative procedure Act , chapter 17A . 8 Sec. 42. Section 203C.28, Code 2014, is amended to read as 9 follows: 10 203C.28 Tariff rates. 11 1. A warehouse operator shall, at the time of application 12 for a license, file a tariff with the department which shall 13 contain rates to be charged for receiving, storage, and 14 load-out of grain. The tariff shall be posted in a conspicuous 15 place at the place of business of the licensee in a form 16 prescribed by the department and shall become effective at the 17 time the license becomes effective. 18 2. Storage charges shall commence on the date of delivery to 19 the warehouse. Storage, receiving, or load-out charges other 20 than those specified in the tariff may be made if the charge 21 is required by the terms of a written contract with the United 22 States government or any of its subdivisions or agencies. 23 3. Grain deposited with the warehouse for the sole purpose 24 of processing and redelivery to the depositor is subject only 25 to the charges listed under the grain bank section of the 26 tariff. Drying and cleaning of grain shall not be construed 27 as processing. 28 4. A tariff may be amended at any time and is effective 29 immediately, except that grain in store on the effective date 30 of a storage charge increase does not assume the increased rate 31 until the subsequent anniversary date of deposit. Any decrease 32 in storage rates shall be effective immediately and shall be 33 applicable to all grain in store on the effective date of the 34 decrease. 35 -22- LSB 5492HC (1) 85 lh/rj 22/ 104
H.F. _____ 5. A warehouse operator may file with the department and 1 publish the supplemental tariff applicable only to grain 2 meeting special descriptive standards or characteristics as 3 set forth in the supplemental tariff. A supplemental tariff 4 shall be in a form prescribed by the department and be posted 5 adjacent to the warehouse tariff. 6 6. All tariff charges shall be nondiscriminatory within 7 classes. 8 Sec. 43. Section 207.4, subsections 1 and 5, Code 2014, are 9 amended to read as follows: 10 1. a. Prior to beginning mining or removal of overburden 11 at mining site, an operator shall obtain a permit from the 12 division for the site. Application for a permit shall be made 13 upon a form provided by the division. The permit fee shall be 14 established by the division in an amount not to exceed the cost 15 of administering the permit provisions of this chapter . 16 b. The application shall include , but not be limited to: 17 a. (1) A legal description of the land where the site is 18 located and the estimated number of acres affected. 19 b. (2) A statement explaining the authority of the 20 applicant’s legal right to operate a mine on the land. 21 c. (3) A reclamation plan meeting the requirements of this 22 chapter . 23 d. (4) A determination by an appropriate state or federal 24 agency of the probable hydrologic consequences of the mining 25 and reclamation operations, both on and off the mine site, 26 with respect to the hydrologic regime, quantity, and quality 27 of water in surface and groundwater systems including the 28 dissolved and suspended solids under seasonal flow conditions 29 and the collection of sufficient data for the mine site and 30 surrounding areas so that an assessment can be made by the 31 division of the probable cumulative impacts of all anticipated 32 mining in the area upon the hydrology of the area and 33 particularly upon water availability. If the division finds 34 that the probable total annual production at all locations of 35 -23- LSB 5492HC (1) 85 lh/rj 23/ 104
H.F. _____ a coal mining operator will not exceed one hundred thousand 1 tons, the determination of probable hydrologic consequences and 2 a statement of the result of test borings on core samplings 3 which the division may require shall upon the written request 4 of the operator be performed by a qualified public or private 5 laboratory designated by the division and the cost of the 6 preparation of the determination and statement shall be assumed 7 by the division. 8 5. a. A permit renewal shall be for a term not to exceed 9 the period of the original permit. 10 b. Application for renewal shall be made at least one 11 hundred twenty days prior to the expiration of the permit. 12 Prior to the approval of a renewal of permit the division shall 13 provide notice to the appropriate public authorities. 14 Sec. 44. Section 215.20, subsections 1 and 2, Code 2014, are 15 amended to read as follows: 16 1. All liquefied petroleum gas, including but not limited 17 to propane, butane, and mixtures of them, shall be kept, 18 offered, exposed for sale, or sold by the pound, metered cubic 19 foot of vapor, defined as one cubic foot at sixty 60 degrees 20 Fahrenheit, or by the gallon, defined as two hundred thirty-one 21 cubic inches at sixty 60 degrees Fahrenheit. 22 2. All metered sales exceeding one hundred gallons 23 shall be corrected to a temperature of sixty 60 degrees 24 Fahrenheit through use of an approved meter with a sealed 25 automatic compensation mechanism. All sale tickets for sales 26 exceeding one hundred gallons shall show the stamped delivered 27 gallons and shall state that the temperature correction was 28 automatically made. 29 Sec. 45. Section 225C.12, subsection 2, Code 2014, is 30 amended to read as follows: 31 2. A county may claim reimbursement by filing with the 32 administrator a claim in a form prescribed by the administrator 33 by rule. Claims may be filed on a quarterly basis, and when 34 received shall be verified as soon as reasonably possible by 35 -24- LSB 5492HC (1) 85 lh/rj 24/ 104
H.F. _____ the administrator. The administrator shall certify to the 1 director of the department of administrative services the 2 amount to which each county claiming reimbursement is entitled, 3 and the director of the department of administrative services 4 shall issue warrants to the respective counties drawn upon 5 funds appropriated by the general assembly for the purpose of 6 this section . A county shall place funds received under this 7 section in the county mental health , intellectual disability, 8 and developmental disabilities services fund created under 9 section 331.424A . If the appropriation for a fiscal year is 10 insufficient to pay all claims arising under this section , the 11 director of the department of administrative services shall 12 prorate the funds appropriated for that year among the claimant 13 counties so that an equal proportion of each county’s claim is 14 paid in each quarter for which proration is necessary. 15 Sec. 46. Section 225C.32, Code 2014, is amended to read as 16 follows: 17 225C.32 Plan appeals process. 18 The department shall establish an appeals process by which 19 a mental health , intellectual disability, and developmental 20 disabilities services coordinating board or an affected party 21 may appeal a decision of the department or of the coordinating 22 board. 23 Sec. 47. Section 226.9C, subsection 2, paragraph a, Code 24 2014, is amended to read as follows: 25 a. A county may split the charges between the county’s 26 mental health , intellectual disability, and developmental 27 disabilities services fund created pursuant to section 331.424A 28 and the county’s budget for substance abuse expenditures. 29 Sec. 48. Section 227.2, subsection 2, Code 2014, is amended 30 to read as follows: 31 2. A copy of the written report prescribed by subsection 1 32 shall be furnished to the county board of supervisors, to the 33 county mental health and intellectual disability disabilities 34 services coordinating board or to its advisory board if 35 -25- LSB 5492HC (1) 85 lh/rj 25/ 104
H.F. _____ the county board of supervisors constitutes ex officio the 1 coordinating board, to the administrator of the county care 2 facility inspected and to its certified volunteer long-term 3 care ombudsman, and to the department on aging. 4 Sec. 49. Section 229.21, subsection 2, Code 2014, is amended 5 to read as follows: 6 2. When an application for involuntary hospitalization 7 under section 229.6 or for involuntary commitment or treatment 8 of persons with substance-related disorders under section 229.6 9 or 125.75 is filed with the clerk of the district court in any 10 county for which a judicial hospitalization referee has been 11 appointed, and no district judge, district associate judge, or 12 magistrate who is admitted to the practice of law in this state 13 is accessible, the clerk shall immediately notify the referee 14 in the manner required by section 229.7 or section 125.77 . The 15 referee shall discharge all of the duties imposed upon the 16 court by sections 229.7 to 229.22 or sections 125.75 to 125.94 17 in the proceeding so initiated. Subject to the provisions 18 of subsection 4 , orders issued by a referee, in discharge of 19 duties imposed under this section , shall have the same force 20 and effect as if ordered by a district judge. However, any 21 commitment to a facility regulated and operated under chapter 22 135C shall be in accordance with section 135C.23 . 23 Sec. 50. Section 231.23A, subsection 4, Code 2014, is 24 amended to read as follows: 25 4. The aging and disability resource center program . 26 Sec. 51. Section 232.7, subsection 2, Code 2014, is amended 27 to read as follows: 28 2. In any proceeding held or action taken under this chapter 29 involving an Indian child, the applicable requirements of the 30 federal Adoption and Safe Families Act of 1999 1997 , Pub. L. 31 No. 105-89, shall be applied to the proceeding or action in a 32 manner that complies with chapter 232B and the federal Indian 33 Child Welfare Act, Pub. L. No. 95-608. 34 Sec. 52. Section 232.175, Code 2014, is amended to read as 35 -26- LSB 5492HC (1) 85 lh/rj 26/ 104
H.F. _____ follows: 1 232.175 Placement oversight. 2 Placement oversight shall be provided pursuant to this 3 division when the parent, guardian, or custodian of a child 4 with an intellectual disability or other developmental 5 disability requests placement of the child in foster family 6 care for a period of more than thirty days. The oversight 7 shall be provided through review of the placement every six 8 months by the department’s foster care review committees or 9 by a local citizen foster care review board. Court oversight 10 shall be provided prior to the initial placement and at 11 periodic intervals which shall not exceed twelve months. It 12 is the purpose and policy of this division to ensure the 13 existence of oversight safeguards as required by the federal 14 Adoption Assistance and Child Welfare Act of 1980, Pub. L. No. 15 96-272, as codified in 42 U.S.C. § 671(a)(16), 627(a)(2)(B), 16 and 675(1),(5), while maintaining parental decision-making 17 authority. 18 Sec. 53. Section 232.178, subsection 1, Code 2014, is 19 amended to read as follows: 20 1. For a placement initiated on or after July 1, 1992, 21 the department shall file a petition to initiate a voluntary 22 placement proceeding prior to the child’s placement in 23 accordance with criteria established pursuant to the federal 24 Adoption Assistance and Child Welfare Act of 1980, Pub. L. No. 25 96-272, as codified in 42 U.S.C. § 627(a). For a placement 26 initiated before July 1, 1992, the department shall file a 27 petition to approve placement on or before September 1, 1992. 28 Sec. 54. Section 235A.18, subsection 1, paragraph a, 29 subparagraph (3), subparagraph division (b), Code 2014, is 30 amended to read as follows: 31 (b) Subparagraph division (a) shall not apply, and the 32 name of a person named in the initial data as having abused a 33 child shall remain in the registry as described in subparagraph 34 (1), if the department determined in the initial report 35 -27- LSB 5492HC (1) 85 lh/rj 27/ 104
H.F. _____ and disposition data that the person committed child abuse 1 as defined in section 232.68, subsection 2 , paragraph “a” , 2 subparagraph (1), (4), or (6), and the child abuse resulted in 3 the child’s death or a serious injury. 4 Sec. 55. Section 249A.26, subsection 8, Code 2014, is 5 amended to read as follows: 6 8. Notwithstanding section 8.39 , the department may 7 transfer funds appropriated for the medical assistance program 8 to a separate account established in the department’s case 9 management unit in an amount necessary to pay for expenditures 10 required to provide case management for mental health , 11 intellectual disability, and developmental disabilities 12 services under the medical assistance program which are jointly 13 funded by the state and county, pending final settlement of the 14 expenditures. Funds received by the case management unit in 15 settlement of the expenditures shall be used to replace the 16 transferred funds and are available for the purposes for which 17 the funds were originally appropriated. 18 Sec. 56. Section 252.13, Code 2014, is amended to read as 19 follows: 20 252.13 Recovery by county. 21 1. Any county having expended money for the assistance or 22 support of a poor person under this chapter , may recover the 23 money from any of the following: from 24 a. From the poor person if the person becomes able, or from 25 the person’s estate ; from . 26 b. From relatives by action brought within two years from 27 the payment of the assistance or support , from . 28 c. From the poor person by action brought within two years 29 after the person becomes able , and from . 30 d. From the person’s estate by filing the claim as provided 31 by law. 32 2. There shall be allowed against the person’s estate a 33 claim of the sixth class for that portion of the liability to 34 the county which exceeds the total amount of all claims of 35 -28- LSB 5492HC (1) 85 lh/rj 28/ 104
H.F. _____ the first through the fifth classes, inclusive, as defined in 1 section 633.425 , which are allowed against that estate. 2 Sec. 57. Section 252B.4, subsection 5, paragraph b, Code 3 2014, is amended to read as follows: 4 b. A foreign reciprocating country or foreign country with 5 which the state has an arrangement as provided in 42 U.S.C. 6 § 659A §659a . 7 Sec. 58. Section 252B.13A, subsection 2, paragraph a, Code 8 2014, is amended to read as follows: 9 a. The collection services center shall meet the 10 requirements for a state disbursement unit pursuant to 42 11 U.S.C. § 654B §654b , section 252B.14 , and this section by 12 October 1, 1999. 13 Sec. 59. Section 252B.13A, subsection 2, paragraph b, 14 subparagraph (4), Code 2014, is amended to read as follows: 15 (4) Furnishing, upon request, timely information on the 16 current status of support payments as provided in 42 U.S.C. 17 § 654B(b)(4) §654b(b)(4) , in a manner consistent with state 18 law. 19 Sec. 60. Section 252B.24, subsection 1, unnumbered 20 paragraph 1, Code 2014, is amended to read as follows: 21 Beginning October 1, 1998, the unit shall operate a state 22 case registry to the extent determined by applicable time 23 frames and other provisions of 42 U.S.C. § 654A(e) §654a(e) 24 and this section . The unit and the judicial branch shall 25 enter into a cooperative agreement for the establishment and 26 operation of the registry by the unit. The state case registry 27 shall include records with respect to all of the following: 28 Sec. 61. Section 252B.24, subsection 2, paragraphs a and c, 29 Code 2014, are amended to read as follows: 30 a. Provision to the unit of information, orders, and 31 documents necessary for the unit to meet requirements described 32 in 42 U.S.C. § 654A(e) §654a(e) and this section . 33 c. Use of automation, as appropriate, to meet the 34 requirements described in 42 U.S.C. § 654A(e) §654a(e) and this 35 -29- LSB 5492HC (1) 85 lh/rj 29/ 104
H.F. _____ section . 1 Sec. 62. Section 256.35, Code 2014, is amended to read as 2 follows: 3 256.35 Regional autism assistance program. 4 The department shall establish a regional autism assistance 5 program, to be administered by the child health specialty 6 clinic clinics of the university of Iowa hospitals and clinics. 7 The program shall be designed to coordinate educational, 8 medical, and other human services for persons with autism, 9 their parents, and providers of services to persons with 10 autism. The function of the program shall include, but is 11 not limited to, the coordination of diagnostic and assessment 12 services, the maintaining of a research base, coordination 13 of in-service training, providing technical assistance, and 14 providing consultation. 15 Sec. 63. Section 256.39, subsection 2, paragraph a, Code 16 2014, is amended to read as follows: 17 a. Measure Measurement of the employability skills of 18 students. Employability skills shall include, but are not 19 limited to, reading for information, applied mathematics, 20 listening, and writing. 21 Sec. 64. Section 256F.2, subsection 6, Code 2014, is amended 22 to read as follows: 23 6. “Innovation zone consortium” means a consortium of two or 24 more school districts and an area education agency in which one 25 or more of the school districts is are located, that receives 26 approval to establish an innovation zone school pursuant to 27 this chapter . In addition, the innovation zone consortium 28 may receive technical assistance from an accredited higher 29 education institution. 30 Sec. 65. Section 257.31, subsection 14, paragraph b, 31 subparagraph (2), Code 2014, is amended to read as follows: 32 (2) There is appropriated from the general fund of the 33 state to the school budget review committee for each fiscal 34 year an amount equal to the state aid portion of five percent 35 -30- LSB 5492HC (1) 85 lh/rj 30/ 104
H.F. _____ of the receipts for special education instruction programs in 1 all districts that has have a positive balance determined under 2 paragraph “a” for the base year, or the state aid portion of all 3 of the positive balances determined under paragraph “a” for the 4 base year, whichever is less, to be used for supplemental aid 5 payments to school districts. Except as otherwise provided in 6 this lettered paragraph “b” , supplemental aid paid to a district 7 is equal to the state aid portion of the district’s negative 8 balance. The school budget review committee shall direct the 9 director of the department of management to make the payments 10 to school districts under this lettered paragraph “b” . 11 Sec. 66. Section 258.16, subsection 3, paragraph c, Code 12 2014, is amended to read as follows: 13 c. Provide for development of a five-year plan addressing 14 the delivery of quality vocational education instructional 15 programs pursuant to section 256.11, subsection 4 , and section 16 256.11, subsection 5 , paragraph “h” , and section 260C.14, 17 subsection 1 . The plan shall be updated annually. 18 Sec. 67. Section 260C.18A, subsection 2, paragraph c, Code 19 2014, is amended to read as follows: 20 c. For the development and implementation of career 21 academies designed to provide new career preparation 22 opportunities for high school students that are formally 23 linked with postsecondary career and technical education 24 programs. For purposes of this section , “career academy” 25 means a program of study that combines a minimum of two 26 years of secondary education with an associate degree, or the 27 equivalent, career preparatory program in a nonduplicative, 28 sequential course of study that is standards based, integrates 29 academic and technical instruction, utilizes work-based and 30 worksite learning where appropriate and available, utilizes an 31 individual career planning process with parent involvement, 32 and leads to an associate degree or postsecondary diploma or 33 certificate in a career field that prepares an individual for 34 entry and advancement in a high-skill and reward career field 35 -31- LSB 5492HC (1) 85 lh/rj 31/ 104
H.F. _____ and further education. The state board, in conjunction with 1 the division of community colleges and workforce preparation 2 of the department of education , shall adopt administrative 3 rules for the development and implementation of such career 4 academies pursuant to section 256.11, subsection 5 , paragraph 5 “h” , section 260C.1 , and Tit. II of Pub. L. No. 105-332, Carl D. 6 Perkins Vocational and Technical Education Act of 1998. 7 Sec. 68. Section 260C.58, Code 2014, is amended to read as 8 follows: 9 260C.58 Bonds or notes. 10 1. To pay all or any part of the cost of carrying out any 11 project at any institution the board is authorized to borrow 12 money and to issue and sell negotiable bonds or notes and to 13 refund and refinance bonds or notes issued for any project or 14 for refunding purposes at a lower rate, the same rate, or a 15 higher rate or rates of interest and from time to time as often 16 as the board shall find it to be advisable and necessary so 17 to do. Bonds or notes issued by the board for residence hall 18 or dormitory purposes at any institution, including dining 19 or other facilities and additions, or issued for refunding 20 purposes, may either be sold in the manner specified for the 21 selling of certificates under section 260E.6 and the proceeds 22 applied to the payment of the obligations being refunded, 23 or the refunding bonds or notes may be exchanged for and in 24 payment and discharge of the obligations being refunded. A 25 finding by the board in the resolution authorizing the issuance 26 of the refunding bonds or notes, that the bonds or notes being 27 refunded were issued for a purpose specified in this division 28 subchapter and constitute binding obligations of the board, 29 shall be conclusive and may be relied upon by any holder of 30 any refunding bond or note issued under the provisions of this 31 division subchapter . The refunding bonds or notes may be sold 32 or exchanged in installments at different times or an entire 33 issue or series may be sold or exchanged at one time. Any issue 34 or series of refunding bonds or notes may be exchanged in part 35 -32- LSB 5492HC (1) 85 lh/rj 32/ 104
H.F. _____ or sold in parts in installments at different times or at one 1 time. The refunding bonds or notes may be sold or exchanged 2 at any time on, before, or after the maturity of any of the 3 outstanding notes, bonds or other obligations to be refinanced 4 thereby and may be issued for the purpose of refunding a like 5 or greater principal amount of bonds or notes, except that the 6 principal amount of the refunding bonds or notes may exceed 7 the principal amount of the bonds or notes to be refunded to 8 the extent necessary to pay any premium due on the call of the 9 bonds or notes to be refunded, to fund interest in arrears or 10 about to become due, or to allow for sufficient funding of the 11 escrow account on the bonds to be refunded. 12 2. All bonds or notes issued under the provisions of this 13 division subchapter shall be payable from and shall be secured 14 by an irrevocable first lien pledge of a sufficient portion 15 of the following: the net rents, profits and income derived 16 from the operation of residence halls, dormitories, dining or 17 other incidental facilities and additions, including necessary 18 real and personal property, acquired or improved in whole or 19 in part with the proceeds of such bonds or notes, regardless 20 of the manner of such acquisition or improvement; and the 21 net rents, profits and income not pledged for other purposes 22 derived from the operation of any other residence halls or 23 dormitories, including dining or other incidental facilities 24 and additions, at the particular institution. In addition, the 25 board may secure any bonds or notes issued by borrowing money, 26 by mortgaging any real estate or improvements erected on real 27 estate, or by pledging rents, profits, and income received from 28 property for the discharge of mortgages. All bonds or notes 29 issued under the provisions of this division subchapter shall 30 have all the qualities of negotiable instruments under the laws 31 of this state. 32 Sec. 69. Section 260C.62, Code 2014, is amended to read as 33 follows: 34 260C.62 Accounts. 35 -33- LSB 5492HC (1) 85 lh/rj 33/ 104
H.F. _____ 1. A certified copy of each resolution providing for the 1 issuance of bonds or notes under this division subchapter shall 2 be filed with the treasurer of the institution on behalf of 3 which the bonds or notes are issued and the treasurer shall 4 keep and maintain separate accounts for each issue of bonds 5 or notes in accordance with the covenants and directions 6 set out in the resolution providing for the issuance of the 7 bonds or notes. All rates, fees, or rentals collected for 8 the use of and services provided by the residence halls and 9 dormitories, including dining and other incidental facilities, 10 at each institution shall be held in trust by the treasurer, 11 separate and apart from all other funds, to be used only for 12 the purposes specified in this division subchapter and as may 13 be required and provided for by the proceedings of the board 14 authorizing the issuance of bonds or notes. The treasurer of 15 each institution shall disburse funds from the proper account 16 for the payment of the principal of and interest on the bonds 17 or notes in accordance with the directions and covenants of the 18 resolution authorizing the issuance of the bonds or notes. 19 2. If the amount of bonds or notes issued under this chapter 20 exceeds the actual costs of the projects for which the bonds or 21 notes were issued, the amount of the difference shall be used 22 to pay the principal and interest due on bonds or notes issued 23 under this chapter . 24 Sec. 70. Section 260F.6, subsection 2, Code 2014, is amended 25 to read as follows: 26 2. To provide funds for the present payment of the costs 27 of a training program by the business, the community college 28 may provide to the business an advance of the moneys to be used 29 to pay for the program costs as provided in the agreement. To 30 receive the funds for this advance from the job training fund 31 established in subsection 1 , the community college shall submit 32 an application to the economic development authority. The 33 amount of the advance shall not exceed fifty thousand dollars 34 for any business site, or one hundred thousand dollars within 35 -34- LSB 5492HC (1) 85 lh/rj 34/ 104
H.F. _____ a three-fiscal-year period for any business site. If the 1 project involves a consortium of businesses, the maximum award 2 per project shall not exceed one hundred thousand dollars. 3 Participation in a consortium does not affect a business 4 site’s eligibility for individual project assistance. Prior 5 to approval a business shall agree to match program amounts in 6 accordance with criteria established by the authority. 7 Sec. 71. Section 260F.6B, Code 2014, is amended to read as 8 follows: 9 260F.6B High technology apprenticeship program. 10 The community colleges and the economic development 11 authority are authorized to fund high technology apprenticeship 12 programs which comply with the requirements specified in 13 section 260C.44 and which may include both new and statewide 14 apprenticeship programs. Notwithstanding the provisions 15 of section 260F.6, subsection 2 , relating to maximum award 16 amounts, moneys allocated to the community colleges with high 17 technology apprenticeship programs shall be distributed to the 18 community colleges based upon contact hours under the programs 19 administered during the prior fiscal year as determined by the 20 department of education. The economic development authority 21 shall adopt rules governing this section ’s operation and 22 participant eligibility. 23 Sec. 72. Section 260F.7, Code 2014, is amended to read as 24 follows: 25 260F.7 Economic development authority Authority to 26 coordinate. 27 The economic development authority, in consultation with 28 the department of education and the department of workforce 29 development, shall coordinate the jobs training program. A 30 project shall not be funded under this chapter unless the 31 economic development authority approves the project. The 32 authority shall adopt rules pursuant to chapter 17A governing 33 the program’s operation and eligibility for participation in 34 the program. The authority shall establish by rule criteria 35 -35- LSB 5492HC (1) 85 lh/rj 35/ 104
H.F. _____ for determining what constitutes an eligible business. 1 Sec. 73. Section 261.19, subsections 1 and 2, Code 2014, are 2 amended to read as follows: 3 1. A health care professional recruitment program is 4 established to be administered by the college student aid 5 commission for Des Moines university —— osteopathic medical 6 center . The program shall consist of a loan repayment program 7 for health care professionals. The commission shall regularly 8 adjust the service requirement under each aspect of the program 9 to provide, to the extent possible, an equal financial benefit 10 for each period of service required. 11 2. A health care professional shall be eligible for the 12 loan repayment program if the health care professional agrees 13 to practice in an eligible rural community in this state. Des 14 Moines university —— osteopathic medical center shall recruit 15 and place health care professionals in rural communities which 16 have agreed to provide additional funds for the recipient’s 17 loan repayment. The contract for the loan repayment shall 18 stipulate the time period the recipient shall practice in an 19 eligible rural community in this state. In addition, the 20 contract shall stipulate that the recipient repay any funds 21 paid on the recipient’s loan by the commission if the recipient 22 fails to practice in an eligible rural community in this state 23 for the required period of time. 24 Sec. 74. Section 262.57, Code 2014, is amended to read as 25 follows: 26 262.57 Bonds or notes. 27 1. To pay all or any part of the cost of carrying out any 28 project at any institution the board is authorized to borrow 29 money and to issue and sell negotiable bonds or notes and 30 to refund and refinance bonds or notes heretofore issued or 31 as may be hereafter issued for any project or for refunding 32 purposes at a lower rate, the same rate, or a higher rate or 33 rates of interest and from time to time as often as the board 34 shall find it to be advisable and necessary so to do. Such 35 -36- LSB 5492HC (1) 85 lh/rj 36/ 104
H.F. _____ bonds or notes may be sold by said board at public sale in 1 the manner prescribed by chapter 75 , but if the board shall 2 find it to be advantageous and in the public interest to do 3 so, such bonds or notes may be sold by the board at private 4 sale without published notice of any kind and without regard 5 to the requirements of chapter 75 in such manner and upon such 6 terms as may be prescribed by the resolution authorizing the 7 same. Bonds or notes issued to refund other bonds or notes 8 heretofore or hereafter issued by the board for residence hall 9 or dormitory purposes at any institution, including dining or 10 other facilities and additions, or heretofore or hereafter 11 issued for refunding purposes, may either be sold in the 12 manner hereinbefore specified and the proceeds thereof applied 13 to the payment of the obligations being refunded, or the 14 refunding bonds or notes may be exchanged for and in payment 15 and discharge of the obligations being refunded, and a finding 16 by the board in the resolution authorizing the issuance of 17 such refunding bonds or notes that the bonds or notes being 18 refunded were issued for a purpose specified in this division 19 subchapter and constitute binding obligations of the board 20 shall be conclusive and may be relied upon by any holder of 21 any refunding bond or note issued under the provisions of this 22 division subchapter . The refunding bonds or notes may be sold 23 or exchanged in installments at different times or an entire 24 issue or series may be sold or exchanged at one time. Any issue 25 or series of refunding bonds or notes may be exchanged in part 26 or sold in parts in installments at different times or at one 27 time. The refunding bonds or notes may be sold or exchanged 28 at any time on, before, or after the maturity of any of the 29 outstanding notes, bonds, or other obligations to be refinanced 30 thereby and may be issued for the purpose of refunding a like 31 or greater principal amount of bonds or notes, except that the 32 principal amount of the refunding bonds or notes may exceed 33 the principal amount of the bonds or notes to be refunded to 34 the extent necessary to pay any premium due on the call of the 35 -37- LSB 5492HC (1) 85 lh/rj 37/ 104
H.F. _____ bonds or notes to be refunded or to fund interest in arrears or 1 about to become due. 2 2. All bonds or notes issued under the provision of this 3 division subchapter shall be payable solely and only from and 4 shall be secured by an irrevocable pledge of a sufficient 5 portion of the net rents, profits and income derived from the 6 operation of residence halls, dormitories, dining or other 7 incidental facilities and additions, including necessary real 8 and personal property, acquired or improved in whole or in part 9 with the proceeds of such bonds or notes, regardless of the 10 manner of such acquisition or improvement, and the net rents, 11 profits and income not pledged for other purposes derived from 12 the operation of any other residence halls or dormitories, 13 including dining or other incidental facilities and additions, 14 at the particular institution. All bonds or notes issued under 15 the provisions of this division subchapter shall have all the 16 qualities of negotiable instruments under the laws of this 17 state. 18 Sec. 75. Section 262.61, Code 2014, is amended to read as 19 follows: 20 262.61 Accounts. 21 1. A certified copy of each resolution providing for the 22 issuance of bonds or notes under this division subchapter shall 23 be filed with the treasurer of the institution on behalf of 24 which the bonds or notes are issued and it shall be the duty 25 of said treasurer to keep and maintain separate accounts for 26 each issue of bonds or notes in accordance with the covenants 27 and directions set out in the resolution providing for the 28 issuance thereof. All rates, fees or rentals collected for 29 the use of and services provided by the residence halls and 30 dormitories, including dining and other incidental facilities 31 therefor, at each institution shall be held in trust by the 32 treasurer thereof, separate and apart from all other funds, 33 to be used solely and only for the purposes specified in this 34 division subchapter and as may be required and provided for 35 -38- LSB 5492HC (1) 85 lh/rj 38/ 104
H.F. _____ by the proceedings of the board authorizing the issuance of 1 bonds or notes. It shall be the duty of the treasurer of each 2 institution to disburse funds from the proper account for 3 the payment of the principal of and interest on the bonds or 4 notes in accordance with the directions and covenants of the 5 resolution authorizing the issuance thereof. 6 2. If the amount of bonds or notes issued under this chapter 7 exceeds the actual costs of the projects for which the bonds or 8 notes were issued, the amount of the difference shall be used 9 to pay the principal and interest due on bonds or notes issued 10 under this chapter . 11 Sec. 76. Section 275.23A, subsection 2, Code 2014, is 12 amended to read as follows: 13 2. Following each federal decennial census the school 14 board shall determine whether the existing director district 15 boundaries meet the standards in subsection 1 according to 16 the most recent federal decennial census. In addition to the 17 authority granted to voters to change the number of directors 18 or method of election as provided in sections 275.35 , 275.36 , 19 and 278.1 , the board of directors of a school district may, 20 following a federal decennial census, by resolution and in 21 accordance with this section , authorize a change in the method 22 of election as set forth in section 275.12, subsection 2 , or 23 a change to either five or seven directors after the board 24 conducts a hearing on the resolution. If the board proposes to 25 change the number of directors from seven to five directors, 26 the resolution shall include a plan for reducing the number 27 of directors. If the board proposes to increase the number 28 of directors to seven directors, two directors shall be 29 added according to the procedure described in section 277.23, 30 subsection 2 . If necessary, the board of directors shall 31 redraw the director district boundaries. The director district 32 boundaries shall be described in the resolution adopted by 33 the school board. The resolution shall be adopted no earlier 34 than November 15 of the second year immediately following the 35 -39- LSB 5492HC (1) 85 lh/rj 39/ 104
H.F. _____ year in which the federal decennial census is taken nor and 1 no later than May 15 of the third year immediately following 2 the year in which the federal decennial census is taken. 3 A copy of the plan shall be filed with the area education 4 agency administrator of the area education agency in which the 5 school’s electors reside. If the board does not provide for 6 an election as provided in sections 275.35 , 275.36 , and 278.1 7 and adopts a resolution to change the number of directors or 8 method of election in accordance with this subsection , the 9 district shall change the number of directors or method of 10 election as provided unless, within twenty-eight days following 11 the action of the board, the secretary of the board receives a 12 petition containing the required number of signatures, asking 13 that an election be called to approve or disapprove the action 14 of the board in adopting the resolution. The petition must be 15 signed by eligible electors equal in number to not less than 16 one hundred or thirty percent of the number of voters at the 17 last preceding regular school election, whichever is greater. 18 The board shall either rescind its action or direct the 19 county commissioner of elections to submit the question to the 20 registered voters of the school district at an election held 21 on a date specified in section 39.2, subsection 4 , paragraph 22 “c” . If a majority of those voting on the question at the 23 election favors disapproval of the action of the board, the 24 district shall not change the number of directors or method of 25 election. If a majority of those voting on the question does 26 not favor disapproval of the action, the board shall certify 27 the results of the election to the department of management and 28 the district shall change the number of directors or method of 29 election as provided in this subsection . At the expiration of 30 the twenty-eight-day period, if no petition is filed, the board 31 shall certify its action to the department of management and 32 the district shall change the number of directors or method of 33 election as provided in this subsection . 34 Sec. 77. Section 297.36, Code 2014, is amended to read as 35 -40- LSB 5492HC (1) 85 lh/rj 40/ 104
H.F. _____ follows: 1 297.36 Loan agreements. 2 1. a. In order to make immediately available proceeds of 3 the voter-approved physical plant and equipment levy which 4 has been approved by the voters as provided in section 298.2 , 5 the board of directors may, with or without notice, borrow 6 money and enter into loan agreements in anticipation of the 7 collection of the tax with a bank, investment banker, trust 8 company, insurance company, or insurance group. 9 b. By resolution, the board shall provide for an annual levy 10 which is within the limits of the voter-approved physical plant 11 and equipment levy to pay for the amount of the principal and 12 interest due each year until maturity. The board shall file 13 a certified copy of the resolution with the auditor of each 14 county in which the district is located. The filing of the 15 resolution with the auditor makes it the duty of the auditor 16 to annually levy the amount certified for collection until 17 funds are realized to repay the loan and interest on the loan 18 in full. 19 c. The loan must mature within the period of time authorized 20 by the voters and shall bear interest at a rate which does not 21 exceed the limits under chapter 74A . A loan agreement entered 22 into pursuant to this section shall be in a form as the board 23 of directors shall by resolution provide and the loan shall be 24 payable as to both principal and interest from the proceeds 25 of the annual levy of the voter-approved physical plant and 26 equipment levy, or so much thereof as will be sufficient to pay 27 the loan and interest on the loan. 28 d. The proceeds of a loan must be deposited in the physical 29 plant and equipment levy fund. Warrants paid from this fund 30 must be for purposes authorized for the voter-approved physical 31 plant and equipment levy. 32 2. This section does not limit the authority of the board 33 of directors to levy the full amount of the voter-approved 34 physical plant and equipment levy, but if and to whatever 35 -41- LSB 5492HC (1) 85 lh/rj 41/ 104
H.F. _____ extent the tax is levied in any year in excess of the amount 1 of principal and interest falling due in that year under a 2 loan agreement, the first available proceeds, to an amount 3 sufficient to meet maturing installments of principal and 4 interest under the loan agreement, shall be paid into the 5 debt service fund for the loan before the taxes are otherwise 6 made available to the school corporation for other school 7 purposes, and the amount required to be annually set aside to 8 pay principal of and interest on the money borrowed under the 9 loan agreement constitutes a first charge upon the proceeds of 10 the voter-approved physical plant and equipment levy, which tax 11 shall be pledged to pay the loan and the interest on the loan. 12 3. This section is supplemental and in addition to existing 13 statutory authority to finance the purposes specified in 14 section 298.2 for the physical plant and equipment levy, and 15 for the borrowing of money and execution of loan agreements in 16 connection with that section, and is not subject to any other 17 law. The fact that a school corporation may have previously 18 borrowed money and entered into loan agreements under authority 19 of this section does not prevent the school corporation from 20 borrowing additional money and entering into further loan 21 agreements if the aggregate of the amount payable under all 22 of the loan agreements does not exceed the proceeds of the 23 voter-approved physical plant and equipment levy. 24 Sec. 78. Section 312.2, subsection 2, unnumbered paragraph 25 1, Code 2014, is amended to read as follows: 26 The treasurer of state shall before making the allotments 27 in subsection 1 credit annually to the highway grade crossing 28 safety fund the sum of seven hundred thousand dollars, credit 29 annually from the road use tax fund the sum of nine hundred 30 thousand dollars to the highway railroad grade crossing surface 31 repair fund, credit monthly to the primary road fund the 32 dollars yielded from an allotment of sixty-five hundredths of 33 one percent of all road use tax funds for the express purpose 34 of carrying out subsection 11 of section 307A.2 , subsection 11, 35 -42- LSB 5492HC (1) 85 lh/rj 42/ 104
H.F. _____ section 313.4, subsection 2 , and section 307.45 , and credit 1 annually to the primary road fund the sum of five hundred 2 thousand dollars to be used for paying expenses incurred by the 3 state department of transportation other than expenses incurred 4 for extensions of primary roads in cities. All unobligated 5 funds provided by this subsection , except those funds credited 6 to the highway grade crossing safety fund, shall at the end of 7 each year revert to the road use tax fund. Funds in the highway 8 grade crossing safety fund shall not revert to the road use tax 9 fund except to the extent they exceed five hundred thousand 10 dollars at the end of any biennium. The cost of each highway 11 railroad grade crossing repair project shall be allocated in 12 the following manner: 13 Sec. 79. Section 321.258, Code 2014, is amended to read as 14 follows: 15 321.258 Arrangement of lights on official traffic-control 16 signals. 17 1. Colored lights placed on a vertical official 18 traffic-control signal face shall be arranged from the top to 19 the bottom in the following order when used: 20 a. Circular red , circular . 21 b. Circular yellow , circular . 22 c. Circular green , straight . 23 d. Straight through yellow arrow , straight . 24 e. Straight through green arrow , left . 25 f. Left turn yellow arrow , left . 26 g. Left turn green arrow , right . 27 h. Right turn yellow arrow , and right . 28 i. Right turn green arrow. 29 2. Colored lights placed on a horizontal official 30 traffic-control signal face shall be arranged from the left to 31 the right in the following order when used: 32 a. Circular red , circular . 33 b. Circular yellow , left . 34 c. Left turn yellow arrow , left . 35 -43- LSB 5492HC (1) 85 lh/rj 43/ 104
H.F. _____ d. Left turn green arrow , circular . 1 e. Circular green , straight . 2 f. Straight through yellow arrow , straight . 3 g. Straight through green arrow , right . 4 h. Right turn yellow arrow , and right . 5 i. Right turn green arrow. 6 Sec. 80. Section 321.440, subsection 1, Code 2014, is 7 amended to read as follows: 8 1. Every solid rubber tire on a vehicle shall have rubber on 9 its entire traction surface at least one inch thick above the 10 edge of the flange of the entire periphery. Any pneumatic tire 11 on a vehicle shall be considered unsafe if it has: 12 a. Any part of the ply or cord exposed ; . 13 b. Any bump, bulge or separation ; . 14 c. A tread design depth of less than one-sixteenth of 15 an inch measured in any two or more adjacent tread grooves, 16 exclusive of tie bars or, for those tires with tread wear 17 indicators, worn to the level of the tread wear indicators in 18 any two tread grooves ; . 19 d. A marking “not for highway use”, “for racing purposes 20 only”, “unsafe for highway use” ; . 21 e. Tread or sidewall cracks, cuts or snags deep enough to 22 expose the body cord ; . 23 f. Such other conditions as may be reasonably demonstrated 24 to render it unsafe ; . 25 g. Been regrooved or recut below the original tread design 26 depth, excepting special tires which have extra under tread 27 rubber and are identified as such, or if a pneumatic tire was 28 originally designed without grooves or tread. 29 Sec. 81. Section 331.382, subsection 8, paragraph a, Code 30 2014, is amended to read as follows: 31 a. The board is subject to chapter 161F , chapters 357 32 through 358 , or chapter 468, subchapters I through III , chapter 33 468, subchapter IV, parts 1 and 2 , or chapter 468, subchapter 34 V , as applicable, in acting relative to a special district 35 -44- LSB 5492HC (1) 85 lh/rj 44/ 104
H.F. _____ authorized under any of those chapters. 1 Sec. 82. Section 341A.18, Code 2014, is amended to read as 2 follows: 3 341A.18 Civil rights respected. 4 1. A person shall not be appointed or promoted to, or 5 demoted or discharged from, any position subject to civil 6 service, or in any way favored or discriminated against with 7 respect to employment in the sheriff’s office because of the 8 person’s political or religious opinions or affiliations or 9 race or national origin or sex, or age. 10 2. a. A person holding a position subject to civil service 11 shall not, during the person’s scheduled working hours or when 12 performing duties or when using county equipment or at any 13 time on county property, take part in any way in soliciting 14 any contribution for any political party or any person seeking 15 political office, nor shall such employee engage in any 16 political activity that will impair the employee’s efficiency 17 during working hours or cause the employee to be tardy or 18 absent from work. The provisions of this section do not 19 preclude any employee from holding any office for which no pay 20 is received or any office for which only token pay is received. 21 b. A person shall not seek or attempt to use any political 22 endorsement in connection with any appointment to a position 23 subject to civil service. 24 c. A person shall not use or promise to use, directly 25 or indirectly, any official authority or influence, whether 26 possessed or anticipated, to secure or attempt to secure for 27 any person an appointment or advantage in the appointment to 28 a position subject to civil service, or an increase in pay or 29 other advantage in employment in any such position, for the 30 purpose of influencing the vote or political action of any 31 person or for any consideration. 32 d. An employee shall not use the employee’s official 33 authority or influence for the purpose of interfering with an 34 election or affecting the results thereof. 35 -45- LSB 5492HC (1) 85 lh/rj 45/ 104
H.F. _____ 3. Any officer or employee subject to civil service who 1 violates any of the provisions of this section shall be subject 2 to suspension, dismissal, or demotion subject to the right of 3 appeal herein. 4 4. All employees shall retain the right to vote as they 5 please and to express their opinions on all subjects. 6 5. An officer or employee subject to civil service and 7 a chief deputy sheriff or second deputy sheriff, who becomes 8 a candidate for a partisan elective office for remuneration, 9 upon request, shall automatically be given a leave of absence 10 without pay, commencing thirty days before the date of the 11 primary election and continuing until the person is eliminated 12 as a candidate or wins the primary, and commencing thirty days 13 before the date of the general election and continuing until 14 the person is eliminated as a candidate or wins the general 15 election, and during the leave period shall not perform any 16 duties connected with the office or position so held. The 17 officer or employee subject to civil service, or chief deputy 18 sheriff or second deputy sheriff, may, however, use accumulated 19 paid vacation time for part or all of any leave of absence 20 under this section . The county shall continue to provide 21 health benefit coverages, and may continue to provide other 22 fringe benefits, to any officer or employee subject to civil 23 service, or to any chief deputy sheriff or second deputy 24 sheriff during any leave of absence under this section . 25 Sec. 83. Section 392.5, Code 2014, is amended to read as 26 follows: 27 392.5 Library board. 28 1. a. A city library board of trustees functioning on the 29 effective date of the city code shall continue to function in 30 the same manner until altered or discontinued as provided in 31 this section . 32 b. In order for the board to function in the same manner, 33 the council shall retain all applicable ordinances, and shall 34 adopt as ordinances all applicable state statutes repealed by 35 -46- LSB 5492HC (1) 85 lh/rj 46/ 104
H.F. _____ 1972 Iowa Acts, chapter ch. 1088 . 1 2. A library board may accept and control the expenditure of 2 all gifts, devises, and bequests to the library. 3 3. a. A proposal to alter the composition, manner of 4 selection, or charge of a library board, or to replace it with 5 an alternate form of administrative agency, is subject to the 6 approval of the voters of the city. 7 b. The proposal may be submitted to the voters at any city 8 election by the council on its own motion. Upon receipt of a 9 valid petition as defined in section 362.4 , requesting that a 10 proposal be submitted to the voters, the council shall submit 11 the proposal at the next regular city election. A proposal 12 submitted to the voters must describe with reasonable detail 13 the action proposed. 14 c. If a majority of those voting approves the proposal, the 15 city may proceed as proposed. 16 d. If a majority of those voting does not approve the 17 proposal, the same or a similar proposal may not be submitted 18 to the voters of the city for at least four years from the date 19 of the election at which the proposal was defeated. 20 Sec. 84. Section 403.8, subsection 3, Code 2014, is amended 21 to read as follows: 22 3. The requirement that real property or an interest in 23 real property transferred or retained for the purpose of 24 a development or redevelopment be sold, leased, otherwise 25 transferred, or retained at not less than its fair market 26 value does not apply if the developer enters into a written 27 assessment agreement with the municipality pursuant to section 28 403.6, subsections 18 and 19 and the minimum actual value 29 contained in the assessment agreement would indicate that there 30 will be sufficient taxable valuations to permit the collection 31 of incremental taxes as provided in subsection 2 of section 32 403.19 , subsection 2, to cause the indebtedness and other costs 33 incurred by the municipality with respect to the property 34 or interest transferred or retained to be repayable as to 35 -47- LSB 5492HC (1) 85 lh/rj 47/ 104
H.F. _____ principal within four tax years following the commencement of 1 full operation of the development. 2 Sec. 85. Section 403.9, subsection 1, Code 2014, is amended 3 to read as follows: 4 1. A municipality shall have power to periodically issue 5 bonds in its discretion to pay the costs of carrying out the 6 purposes and provisions of this chapter , including, but not 7 limited to, the payment of principal and interest upon any 8 advances for surveys and planning, and the payment of interest 9 on bonds, herein authorized, not to exceed three years from 10 the date the bonds are issued. The municipality shall have 11 power to issue refunding bonds for the payment or retirement 12 of such bonds previously issued by it. Said bonds shall be 13 payable solely from the income and proceeds of the fund and 14 portion of taxes referred to in subsection 2 of section 403.19 , 15 subsection 2, and revenues and other funds of the municipality 16 derived from or held in connection with the undertaking and 17 carrying out of urban renewal projects under this chapter . The 18 municipality may pledge to the payment of the bonds the fund 19 and portion of taxes referred to in subsection 2 of section 20 403.19 , subsection 2, and may further secure the bonds by a 21 pledge of any loan, grant or contribution from the federal 22 government or other source in aid of any urban renewal projects 23 of the municipality under this chapter , or by a mortgage of any 24 such urban renewal projects, or any part thereof, title which 25 is vested in the municipality. 26 Sec. 86. Section 419.4, subsection 2, paragraph b, 27 subparagraph (2), Code 2014, is amended to read as follows: 28 (2) A municipality shall also have the power to provide 29 that the project and improvements shall be constructed by 30 the municipality, the lessee, the lessee’s designee, the 31 contracting party, or the contracting party’s designee, or any 32 one or more of them on real estate owned by the municipality, 33 the lessee, the lessee’s designee, the contracting party, or 34 the contracting party’s designee, as the case may be, and that 35 -48- LSB 5492HC (1) 85 lh/rj 48/ 104
H.F. _____ the bond proceeds shall be disbursed by the trustee bank or 1 banks, trust company or trust companies, during construction 2 upon the estimate, order or certificate of the lessee, the 3 lessee’s designee, the contracting party, or the contracting 4 party’s designee. 5 Sec. 87. Section 422.11S, subsection 8, paragraph a, 6 subparagraph (2), Code 2014, is amended to read as follows: 7 (2) “Total approved tax credits” means for the tax year 8 beginning in the 2006 calendar year, two million five hundred 9 thousand dollars, for the tax year beginning in the 2007 10 calendar year, five million dollars, and for tax years 11 beginning on or after January 1, 2008, but before January 1, 12 2012, seven million five hundred thousand dollars, for tax 13 years beginning on or after January 1, 2012, but before January 14 1, 2014, eight million seven hundred fifty thousand dollars, 15 and for tax years beginning on or after January 1, 2014, twelve 16 million dollars. 17 Sec. 88. Section 422.12C, subsection 2, Code 2014, is 18 amended to read as follows: 19 2. a. The taxes imposed under this division , less the 20 amounts of nonrefundable credits allowed under this division , 21 may be reduced by an early childhood development tax credit 22 equal to twenty-five percent of the first one thousand dollars 23 which the taxpayer has paid to others for each dependent, as 24 defined in the Internal Revenue Code, ages three through five 25 for early childhood development expenses. In determining the 26 amount of early childhood development expenses for the tax year 27 beginning in the 2006 calendar year only, such expenses paid 28 during November and December of the previous tax year shall 29 be considered paid in the tax year for which the tax credit 30 is claimed. This credit is available to a taxpayer whose net 31 income is less than forty-five thousand dollars. If the early 32 childhood development tax credit is claimed for a tax year, the 33 taxpayer and the taxpayer’s spouse shall not claim the child 34 and dependent care credit under subsection 1 . 35 -49- LSB 5492HC (1) 85 lh/rj 49/ 104
H.F. _____ b. As used in this subsection , “early : 1 (1) “Early childhood development expenses” means services 2 provided to the dependent by a preschool, as defined in section 3 237A.1 , materials, and other activities as follows: 4 a. (a) Books that improve child development, including 5 textbooks, music books, art books, teacher’s editions, and 6 reading books. 7 b. (b) Instructional materials required to be used in a 8 child development or educational lesson activity, including but 9 not limited to paper, notebooks, pencils, and art supplies. 10 c. (c) Lesson plans and curricula. 11 d. (d) Child development and educational activities outside 12 the home, including drama, art, music, and museum activities, 13 and the entrance fees for such activities, but not including 14 food or lodging, membership fees, or other nonacademic 15 expenses. 16 (2) “Early childhood development expenses” does not include 17 services, materials, or activities for the teaching of 18 religious tenets, doctrines, or worship, the purpose of which 19 is to inculcate those tenets, doctrines, or worship. 20 Sec. 89. Section 422.33, subsections 2, 4, and 7, Code 2014, 21 are amended to read as follows: 22 2. a. If the trade or business of the corporation is 23 carried on entirely within the state, the tax shall be imposed 24 on the entire net income, but if the trade or business is 25 carried on partly within and partly without the state or if 26 income is derived from sources partly within and partly without 27 the state, or if income is derived from trade or business 28 and sources, all of which are not entirely in the state, the 29 tax shall be imposed only on the portion of the net income 30 reasonably attributable to the trade or business or sources 31 within the state, with the net income attributable to the state 32 to be determined as follows: 33 a. (1) Nonbusiness interest, dividends, rents and 34 royalties, less related expenses, shall be allocated within and 35 -50- LSB 5492HC (1) 85 lh/rj 50/ 104
H.F. _____ without the state in the following manner: 1 (1) (a) Nonbusiness interest, dividends, and royalties 2 from patents and copyrights shall be allocable to this state if 3 the taxpayer’s commercial domicile is in this state. 4 (2) (b) Nonbusiness rents and royalties received from real 5 property located in this state are allocable to this state. 6 (3) (c) Nonbusiness rents and royalties received from 7 tangible personal property are allocable to this state to the 8 extent that the property is utilized in this state; or in their 9 entirety if the taxpayer’s commercial domicile is in this state 10 and the taxpayer is not taxable in the state in which the 11 property is utilized. The extent of utilization of tangible 12 personal property in a state is determined by multiplying the 13 rents and royalties by a fraction, the numerator of which is 14 the number of days of physical location of the property in the 15 state during the rental or royalty period in the taxable year 16 and the denominator of which is the number of days of physical 17 location of the property everywhere during all rental or 18 royalty periods in the taxable year. If the physical location 19 of the property during the rental or royalty period is unknown, 20 or unascertainable by the taxpayer tangible personal property 21 is utilized in the state in which the property was located at 22 the time the rental or royalty payor obtained possession. 23 (4) (d) Nonbusiness capital gains and losses from the sale 24 or other disposition of assets shall be allocated as follows: 25 (i) Gains and losses from the sale or other disposition 26 of real property located in this state are allocable to this 27 state. 28 (ii) Gains and losses from the sale or other disposition of 29 tangible personal property are allocable to this state if the 30 property had a situs in this state at the time of the sale or 31 disposition or if the taxpayer’s commercial domicile is in this 32 state and the taxpayer is not taxable in the state in which the 33 property had a situs. 34 (iii) Gains and losses from the sale or disposition of 35 -51- LSB 5492HC (1) 85 lh/rj 51/ 104
H.F. _____ intangible personal property are allocable to this state if the 1 taxpayer’s commercial domicile is in this state. 2 b. (2) Net nonbusiness income of the above class having 3 been separately allocated and deducted as above provided, 4 the remaining net business income of the taxpayer shall be 5 allocated and apportioned as follows: 6 (1) (a) Business interest, dividends, rents, and royalties 7 shall be reasonably apportioned within and without the state 8 under rules adopted by the director. 9 (2) (b) Capital gains and losses from the sale or other 10 disposition of assets shall be apportioned to the state based 11 upon the business activity ratio applicable to the year the 12 gain or loss is determined if the corporation determines Iowa 13 taxable income by a sales, gross receipts or other business 14 activity ratio. If the corporation has only allocable income, 15 capital gains and losses from the sale or other disposition of 16 assets shall be allocated in accordance with paragraph “a” , 17 subparagraph (4) (1), subparagraph division (d) . 18 (3) (c) Where income is derived from business other than 19 the manufacture or sale of tangible personal property, the 20 income shall be specifically allocated or equitably apportioned 21 within and without the state under rules of the director. 22 (4) (d) Where income is derived from the manufacture or 23 sale of tangible personal property, the part attributable to 24 business within the state shall be in that proportion which 25 the gross sales made within the state bear to the total gross 26 sales. 27 (5) (e) Where income consists of more than one class of 28 income as provided in subparagraphs (1) to (4) subparagraph 29 divisions (a) through (d) of this paragraph subparagraph , it 30 shall be reasonably apportioned by the business activity ratio 31 provided in rules adopted by the director. 32 (6) (f) The gross sales of the corporation within the 33 state shall be taken to be the gross sales from goods delivered 34 or shipped to a purchaser within the state regardless of 35 -52- LSB 5492HC (1) 85 lh/rj 52/ 104
H.F. _____ the F.O.B. point or other conditions of the sale, excluding 1 deliveries for transportation out of the state. 2 b. For the purpose of this section , the word “sale” 3 subsection: 4 (1) “Sale” shall include exchange , and the word 5 “manufacture” . 6 (2) “Manufacture” shall include the extraction and recovery 7 of natural resources and all processes of fabricating and 8 curing. The words “tangible 9 (3) “Tangible personal property” shall be taken to mean 10 corporeal personal property, such as machinery, tools, 11 implements, goods, wares, and merchandise, and shall not be 12 taken to mean money deposits in banks, shares of stock, bonds, 13 notes, credits, or evidence of an interest in property and 14 evidences of debt. 15 4. a. In addition to all taxes imposed under this division , 16 there is imposed upon each corporation doing business within 17 the state the greater of the tax determined in subsection 1 , 18 paragraphs “a” through “d” or the state alternative minimum tax 19 equal to sixty percent of the maximum state corporate income 20 tax rate, rounded to the nearest one-tenth of one percent, of 21 the state alternative minimum taxable income of the taxpayer 22 computed under this subsection . 23 b. The state alternative minimum taxable income of a 24 taxpayer is equal to the taxpayer’s state taxable income as 25 computed with the adjustments in section 422.35 and with the 26 following adjustments: 27 a. (1) Add items of tax preference included in federal 28 alternative minimum taxable income under section 57, except 29 subsections (a)(1) and (a)(5), of the Internal Revenue Code, 30 make the adjustments included in federal alternative minimum 31 taxable income under section 56, except subsections (a)(4) and 32 (d), of the Internal Revenue Code, and add losses as required 33 by section 58 of the Internal Revenue Code. In making the 34 adjustment under section 56(c)(1) of the Internal Revenue Code, 35 -53- LSB 5492HC (1) 85 lh/rj 53/ 104
H.F. _____ interest and dividends from federal securities and interest and 1 dividends from state and other political subdivisions and from 2 regulated investment companies exempt from federal income tax 3 under the Internal Revenue Code, net of amortization of any 4 discount or premium, shall be subtracted. 5 b. (2) Apply the allocation and apportionment provisions of 6 subsection 2 . 7 c. (3) Subtract an exemption amount of forty thousand 8 dollars. This exemption amount shall be reduced, but not 9 below zero, by an amount equal to twenty-five percent of the 10 amount by which the alternative minimum taxable income of the 11 taxpayer, computed without regard to the exemption amount in 12 this paragraph, exceeds one hundred fifty thousand dollars. 13 d. (4) In the case of a net operating loss computed for a 14 tax year beginning after December 31, 1986, which is carried 15 back or carried forward to the current taxable year, the net 16 operating loss shall be reduced by the amount of items of 17 tax preference and adjustments arising in the tax year which 18 is taken into account in computing the net operating loss 19 in section 422.35, subsection 11 . The deduction for a net 20 operating loss for a tax year beginning after December 31, 21 1986, which is carried back or carried forward to the current 22 taxable year shall not exceed ninety percent of the alternative 23 minimum taxable income determined without regard for the net 24 operating loss deduction. 25 7. a. (1) There is allowed as a credit against the tax 26 determined in subsection 1 for a tax year an amount equal to 27 the minimum tax credit for that tax year. 28 (2) The minimum tax credit for a tax year is the excess, 29 if any, of the net minimum tax imposed for all prior tax 30 years beginning on or after January 1, 1987, over the amount 31 allowable as a credit under this subsection for those prior tax 32 years. 33 b. (1) The allowable credit under paragraph “a” for a tax 34 year shall not exceed the excess, if any, of the tax determined 35 -54- LSB 5492HC (1) 85 lh/rj 54/ 104
H.F. _____ in subsection 1 over the state alternative minimum tax as 1 determined in subsection 4 . 2 (2) The net minimum tax for a tax year is the excess, if 3 any, of the tax determined in subsection 4 for the tax year 4 over the tax determined in subsection 1 for the tax year. 5 Sec. 90. Section 422.70, subsection 1, paragraphs b, c, and 6 d, Code 2014, are amended to read as follows: 7 b. To require by subpoena the attendance and testimony of 8 witnesses ; to . 9 c. To issue and sign subpoenas. 10 c. d. To administer oaths, to examine witnesses and receive 11 evidence. 12 d. e. To compel witnesses to produce for examination books, 13 papers, records, and documents relating to any matter which the 14 director has the authority to investigate or determine. 15 Sec. 91. Section 423.3, subsection 60, paragraph h, Code 16 2014, is amended to read as follows: 17 h. (1) “Prosthetic device” means a replacement, corrective, 18 or supportive device including repair and replacement parts for 19 the same worn on or in the body to do any of the following: 20 (1) (a) Artificially replace a missing portion of the body. 21 (2) (b) Prevent or correct physical deformity or 22 malfunction. 23 (3) (c) Support a weak or deformed portion of the body. 24 (2) “Prosthetic device” includes but is not limited to 25 orthopedic or orthotic devices, ostomy equipment, urological 26 equipment, tracheostomy equipment, and intraocular lenses. 27 Sec. 92. Section 426A.8, Code 2014, is amended to read as 28 follows: 29 426A.8 Excess remitted —— appeals. 30 1. If the amount of credit apportioned to any property 31 eligible for military service tax exemption under this chapter 32 in any year shall exceed the total tax, exclusive of any 33 special assessments levied against such property eligible 34 for military service tax exemption, then the excess shall 35 -55- LSB 5492HC (1) 85 lh/rj 55/ 104
H.F. _____ be remitted by the county treasurer to the department of 1 revenue to be redeposited in the general fund of the state and 2 reallocated the following year by the department. 3 2. a. If any claim for exemption made has been denied 4 by the board of supervisors, and the action is subsequently 5 reversed on appeal, the same credit shall be allowed on the 6 assessed valuation, not to exceed the amount of the military 7 service tax exemption involved in the appeal, as was allowed on 8 other military service tax exemption valuations for the year 9 or years in question, and the director of revenue, the county 10 auditor, and the county treasurer shall credit and change their 11 books and records accordingly. 12 b. If the appealing taxpayer has paid one or both of 13 the installments of the tax payable in the year or years in 14 question on such military service tax exemption valuation, 15 remittance shall be made to the county treasurer in the amount 16 of such credit. 17 c. The amount of the credit shall be allocated and paid 18 from the surplus redeposited in the general fund of the state 19 provided for in the first paragraph of this section subsection 20 1 . 21 Sec. 93. Section 426A.11, subsections 1 and 2, Code 2014, 22 are amended to read as follows: 23 1. The property, not to exceed two thousand seven hundred 24 seventy-eight dollars in taxable value , of any veteran, as 25 defined in section 35.1 , of World War I. 26 2. The property, not to exceed one thousand eight hundred 27 fifty-two dollars in taxable value , of an honorably separated, 28 retired, furloughed to a reserve, placed on inactive status, 29 or discharged veteran, as defined in section 35.1, subsection 30 2 , paragraph “a” or “b” . 31 Sec. 94. Section 426B.5, subsection 1, paragraph d, 32 subparagraph (1), subparagraph divisions (a) and (b), Code 33 2014, are amended to read as follows: 34 (a) The county is levying the maximum amount allowed for 35 -56- LSB 5492HC (1) 85 lh/rj 56/ 104
H.F. _____ the county’s mental health , intellectual disability, and 1 developmental disabilities services fund under section 331.424A 2 for the fiscal year in which the funding is distributed. 3 (b) In the latest fiscal year reported in accordance with 4 section 331.403 , the county’s mental health , intellectual 5 disability, and developmental disabilities services fund ending 6 balance under generally accepted accounting principles was 7 equal to or less than twenty-five percent of the county’s 8 actual gross expenditures for that fiscal year. 9 Sec. 95. Section 426B.5, subsection 2, paragraph a, Code 10 2014, is amended to read as follows: 11 a. For the purposes of this subsection , unless the context 12 otherwise requires, “services fund” means a county’s mental 13 health , intellectual disability, and developmental disabilities 14 services fund created in section 331.424A . 15 Sec. 96. Section 445.37, Code 2014, is amended to read as 16 follows: 17 445.37 When delinquent. 18 1. a. If the semiannual installment of any tax has not 19 been paid before October 1 succeeding the levy, that amount 20 becomes delinquent from October 1 after due. However, in those 21 instances when the last day of September is a Saturday or 22 Sunday, that amount becomes delinquent on the second business 23 day of October. If the second installment is not paid before 24 April 1 succeeding its maturity, it becomes delinquent from 25 April 1 after due. However, in those instances when the last 26 day of March is a Saturday or Sunday, that amount becomes 27 delinquent on the second business day of April. This paragraph 28 applies to all taxes as defined in section 445.1, subsection 6 . 29 b. However, if there is a delay in the delivery of the tax 30 list referred to in chapter 443 to the county treasurer, the 31 amount of ad valorem taxes and manufactured or mobile home 32 taxes due shall become delinquent thirty days after the date of 33 delivery or on the delinquent date of the first installment, 34 whichever date occurs later. The delay shall not affect the 35 -57- LSB 5492HC (1) 85 lh/rj 57/ 104
H.F. _____ due dates for special assessments and rates or charges. The 1 delinquent date for special assessments and rates or charges 2 is the same as the first installment delinquent date for ad 3 valorem taxes, including any extension, in absence of a statute 4 to the contrary. 5 2. a. To avoid interest on delinquent taxes, a payment must 6 be received by the treasurer on or before the last business 7 day of the month preceding the delinquent date, or mailed with 8 appropriate postage and applicable fees paid, and a United 9 States postal service postmark affixed to the payment envelope, 10 with the postmark bearing a date preceding the delinquent 11 date. Items returned to the sender by the United States postal 12 service for insufficient postage or applicable fees shall be 13 assessed interest, unless the appropriate postage and fees are 14 paid and the items are postmarked again before the delinquent 15 date. However, if the last calendar day of a month falls on a 16 Saturday, Sunday, or a holiday, that amount becomes delinquent 17 on the second business day of the following month. 18 b. To avoid interest on current or delinquent taxes, for 19 payments made through a county treasurer’s authorized internet 20 site only, if the last day of the month falls on a Saturday, 21 Sunday, or a holiday, the electronic payment must be initiated 22 by midnight on the first business day of the next month. All 23 other electronic payments must be initiated by midnight on the 24 last day of the month preceding the delinquent date. 25 Sec. 97. Section 452A.2, subsection 27, paragraph a, 26 subparagraph (2), Code 2014, is amended to read as follows: 27 (2) Any liquid advertised, offered for sale, sold 28 for use as, or commonly or commercially used as a fuel 29 for propelling motor vehicles which, when subjected to 30 distillation of gasoline, naphtha, kerosene and similar 31 petroleum products [ASTM (American society for testing and 32 materials) international designation D-86], shows not less 33 than ten percent distilled (recovered) below three hundred 34 forty-seven 347 degrees Fahrenheit (one hundred seventy-five 35 -58- LSB 5492HC (1) 85 lh/rj 58/ 104
H.F. _____ (175 degrees Centigrade) and not less than ninety-five percent 1 distilled (recovered) below four hundred sixty-four 464 degrees 2 Fahrenheit (two hundred forty (240 degrees Centigrade). 3 Sec. 98. Section 452A.2, subsection 27, paragraph b, Code 4 2014, is amended to read as follows: 5 b. “Motor fuel” does not include special fuel, and does not 6 include liquefied gases which would not exist as liquids at a 7 temperature of sixty 60 degrees Fahrenheit and a pressure of 8 fourteen and seven-tenths pounds per square inch absolute, or 9 naphthas and solvents unless the liquefied gases or naphthas 10 and solvents are used as a component in the manufacture, 11 compounding, or blending of a liquid within paragraph “a” , 12 subparagraph (2), in which event the resulting product shall be 13 deemed to be motor fuel. “Motor fuel” does not include methanol 14 unless blended with other motor fuels for use in an aircraft or 15 for propelling motor vehicles. 16 Sec. 99. Section 452A.3, subsection 4, Code 2014, is amended 17 to read as follows: 18 4. For compressed natural gas used as a special fuel, the 19 rate of tax that is equivalent to the motor fuel tax shall 20 be sixteen cents per hundred cubic feet adjusted to a base 21 temperature of sixty 60 degrees Fahrenheit and a pressure of 22 fourteen and seventy-three hundredths pounds per square inch 23 absolute. 24 Sec. 100. Section 452A.86, Code 2014, is amended to read as 25 follows: 26 452A.86 Method of determining gallonage. 27 The exclusive method of determining gallonage of any 28 purchases or sales of motor fuel, undyed special fuel, 29 compressed natural gas, or liquefied petroleum gas as defined 30 in this chapter and distillate fuels shall be on a gross volume 31 basis. A temperature-adjusted or other method shall not be 32 used, except as it applies to liquefied petroleum gas and 33 the sale or exchange of petroleum products between petroleum 34 refiners. All invoices, bills of lading, or other records of 35 -59- LSB 5492HC (1) 85 lh/rj 59/ 104
H.F. _____ sale or purchase and all returns or records required to be 1 made, kept, and maintained by a supplier, restrictive supplier, 2 importer, exporter, blender, or compressed natural gas or 3 liquefied petroleum gas dealer or user shall be made, kept, 4 and maintained on the gross volume basis. For purposes of 5 this section , “distillate fuels” means any fuel oil, gas oil, 6 topped crude oil, or other petroleum oils derived by refining 7 or processing crude oil or unfinished oils which have a boiling 8 range at atmospheric pressure which falls completely or in part 9 between five hundred fifty 550 and twelve hundred 1,200 degrees 10 Fahrenheit. 11 Sec. 101. Section 455B.471, subsections 7 and 8, Code 2014, 12 are amended to read as follows: 13 7. “Petroleum” means petroleum, including crude oil or any 14 fraction of crude oil which is liquid at standard conditions 15 of temperature and pressure (sixty (60 degrees Fahrenheit and 16 fourteen and seven-tenths pounds per square inch absolute). 17 8. “Regulated substance” means an element, compound, 18 mixture, solution or substance which, when released into the 19 environment, may present substantial danger to the public 20 health or welfare or the environment. Regulated substance 21 includes substances designated in 40 C.F.R., pts. 61 and 22 116, and 40 C.F.R. § 401.15, and petroleum including crude 23 oil or any fraction of crude oil which is liquid at standard 24 conditions of temperature and pressure (sixty (60 degrees 25 Fahrenheit and fourteen and seven-tenths pounds per square inch 26 absolute). However, regulated substance does not include a 27 substance regulated as a hazardous waste under the Resource 28 Conservation and Recovery Act of 1976. Substances may be added 29 or deleted as regulated substances by rule of the commission 30 pursuant to section 455B.474 . 31 Sec. 102. Section 455E.11, subsection 2, paragraph b, 32 subparagraph (3), subparagraph division (b), subparagraph 33 subdivision (ii), Code 2014, is amended to read as follows: 34 (ii) Not more than six percent of the moneys is appropriated 35 -60- LSB 5492HC (1) 85 lh/rj 60/ 104
H.F. _____ annually to the state hygienic laboratory to assist in well 1 testing. 2 (iii) For purposes of this subparagraph division, “cistern” 3 means an artificial reservoir constructed underground for the 4 purpose of storing rainwater. 5 Sec. 103. Section 455G.2, subsection 13, Code 2014, is 6 amended to read as follows: 7 13. “Petroleum” means petroleum, including crude oil or any 8 fraction of crude oil which is liquid at standard conditions 9 of temperature and pressure (sixty (60 degrees Fahrenheit and 10 fourteen and seven-tenths pounds per square inch absolute). 11 Sec. 104. Section 455G.13, subsection 2, paragraph b, Code 12 2014, is amended to read as follows: 13 b. An owner owner’s or operator’s liability for a release 14 for which coverage is admitted under the underground storage 15 tank insurance fund established in section 455G.11 , Code 2003, 16 shall not exceed the amount of the deductible. 17 Sec. 105. Section 455G.13, subsection 10, paragraph a, Code 18 2014, is amended to read as follows: 19 a. Upon payment by the fund for corrective action or 20 third-party liability pursuant to this subchapter , the rights 21 of the claimant to recover payment from any potentially 22 responsible party , are assumed by the board to the extent paid 23 by the fund. A claimant is precluded from receiving double 24 compensation for the same injury. 25 Sec. 106. Section 456A.37, subsection 1, paragraph a, Code 26 2014, is amended to read as follows: 27 a. “Aquatic invasive species” means a nonnative wildlife or 28 plant species that have has been determined by the department 29 to pose a significant threat to the aquatic resources or water 30 infrastructure of the state. 31 Sec. 107. Section 462A.2, subsection 32, Code 2014, is 32 amended to read as follows: 33 32. “Proceeds” includes whatever is received when collateral 34 or proceeds are sold, exchanged, collected, or otherwise 35 -61- LSB 5492HC (1) 85 lh/rj 61/ 104
H.F. _____ disposed of. The term also includes the account arising when 1 the right to payment is earned under a contract right. Money, 2 checks, and the like are cash “proceeds” “cash proceeds” . All 3 other proceeds are “noncash proceeds” . 4 Sec. 108. Section 468.188, Code 2014, is amended to read as 5 follows: 6 468.188 Public improvements which divide a district —— 7 procedure. 8 1. If it should develop that any type of public improvement, 9 other than the forces of nature, has caused such a change in 10 the district as to effectively sever and cut off some of the 11 land in the district from other lands in the district and from 12 the improvements in the district in such a way as to deprive 13 the land of any further benefits from the improvement, or in 14 some manner to divide the benefits that may be derived from 15 two separated portions of the improvement, then the board 16 of supervisors or the board of trustees in charge may upon 17 notice to interested parties and hearing as provided by this 18 subchapter, parts 1 through 5 , for the original establishment 19 of a district make an order to remove lands so deprived of 20 benefits from the district without any reclassification, or 21 may subdivide the district into two separate entities if the 22 public improvement splits the district into two separate units, 23 each of which may still derive some separate benefits from the 24 separated portions of the district. 25 2. If the public improvement is such as to leave two 26 separate portions of the improvement that are still operable 27 and of benefit to the land on each side of the division made by 28 the public improvement, then the board may divide the district 29 into two separate units so that each may perform further work 30 on the improvements in their respective parts, but neither 31 shall be charged for work completed on the opposite side of 32 the new improvement that divides them and may only be charged 33 for the work done in that portion of the district remaining on 34 their side of the division. 35 -62- LSB 5492HC (1) 85 lh/rj 62/ 104
H.F. _____ 3. The same authority provided in this section shall vest in 1 the board of supervisors or the board of trustees in the event 2 a drainage district in any manner relinquishes its control over 3 any portion of its improvements or its obligation to maintain 4 same to another district and lands may be removed from the 5 district or the district may be divided as provided in this 6 section . 7 4. The board may further in dividing the district award to 8 each of the separated portions of the district the improvement 9 remaining in each portion, determine the value of the 10 improvement so remaining on each side and secondly determine 11 the contributions of the lands in the separated portions to the 12 improvements and the upkeep of the earlier district, and if 13 the contribution is proportionate neither side shall owe the 14 other portion of the district any money, but if contribution 15 is disproportionate, the board shall determine an equitable 16 adjustment and the amount of payment required for one portion 17 to pay to the other to buy the existing improvement. 18 5. If land is eliminated from any further benefits, there 19 need not be any reclassification and the board may remove the 20 same from the district in the same manner as if the land has 21 been destroyed in whole by the erosion of a river and spread 22 any deficiency in assessment among the remaining lands as 23 provided by section 468.49 . 24 6. “Type of public improvement” for the purpose of this 25 section includes drainage or levee improvements or new 26 highways. 27 Sec. 109. Section 468.500, subsection 1, paragraph b, Code 28 2014, is amended to read as follows: 29 b. A drainage or levee district under the control of a city 30 council as provided in subchapter II, part 3 , may be placed 31 under the control and management of a board of trustees by the 32 city council following the procedures provided in subchapter 33 II, part 2 , for the county board of supervisors. 34 Sec. 110. Section 468.500, subsection 2, Code 2014, is 35 -63- LSB 5492HC (1) 85 lh/rj 63/ 104
H.F. _____ amended to read as follows: 1 2. An overlying drainage or levee district that controls and 2 manages improvements and rights-of-way surrendered by a board 3 of supervisors or board of trustees of a contained district, 4 in accordance with sections 468.256 through 468.259 , shall 5 continue to be controlled and managed by a board of trustees as 6 provided in subchapter II, part 3 . 7 Sec. 111. Section 479.5, Code 2014, is amended to read as 8 follows: 9 479.5 Application for permit. 10 1. A pipeline company doing business in this state shall 11 file with the board its verified petition asking for a permit 12 to construct, maintain and operate its pipeline or lines along, 13 over or across the public or private highways, grounds, waters 14 and streams of any kind of this state. Any pipeline company 15 now owning or operating a pipeline in this state shall be 16 issued a permit by the board upon supplying the information as 17 provided for in section 479.6 . 18 2. A pipeline company doing business in this state and 19 proposing to engage in underground storage of gas within this 20 state shall file with the board its verified petition asking 21 for a permit to construct, maintain and operate facilities for 22 the underground storage of gas to include the construction, 23 placement, maintenance and operation of machinery, appliances, 24 fixtures, wells, pipelines, and stations necessary for the 25 construction, maintenance and operation of the gas underground 26 storage facilities. 27 3. a. A pipeline company shall hold informational meetings 28 in each county in which real property or property rights 29 will be affected at least thirty days prior to filing the 30 petition for a new pipeline. A member of the board or a person 31 designated by the board shall serve as the presiding officer 32 at each meeting, shall present an agenda for the meeting which 33 shall include a summary of the legal rights of the affected 34 landowners, and shall distribute and review the statement of 35 -64- LSB 5492HC (1) 85 lh/rj 64/ 104
H.F. _____ individual rights required under section 6B.2A . A formal record 1 of the meeting shall not be required. 2 b. The meeting shall be held at a location reasonably 3 accessible to all persons, companies, or corporations which may 4 be affected by the granting of the permit. 5 4. a. The pipeline company seeking the permit for a new 6 pipeline shall give notice of the informational meeting to each 7 person determined to be a landowner affected by the proposed 8 project and each person in possession of or residing on the 9 property. For the purposes of the informational meeting, 10 “landowner” means a person listed on the tax assessment rolls 11 as responsible for the payment of real estate taxes imposed on 12 the property and “pipeline” means a line transporting a solid, 13 liquid, or gaseous substance, except water, under pressure 14 in excess of one hundred fifty pounds per square inch and 15 extending a distance of not less than five miles or having a 16 future anticipated extension of an overall distance of five 17 miles. 18 b. The notice shall set forth the name of the applicant; 19 the applicant’s principal place of business; the general 20 description and purpose of the proposed project; the general 21 nature of the right-of-way desired; the possibility that the 22 right-of-way may be acquired by condemnation if approved by 23 the utilities board; a map showing the route of the proposed 24 project; a description of the process used by the utilities 25 board in making a decision on whether to approve a permit 26 including the right to take property by eminent domain; that 27 the landowner has a right to be present at such meeting and 28 to file objections with the board; and a designation of the 29 time and place of the meeting. The notice shall be served by 30 certified mail with return receipt requested not less than 31 thirty days previous to the time set for the meeting, and shall 32 be published once in a newspaper of general circulation in 33 the county. The publication shall be considered notice to 34 landowners whose residence is not known and to each person in 35 -65- LSB 5492HC (1) 85 lh/rj 65/ 104
H.F. _____ possession of or residing on the property provided a good faith 1 effort to notify can be demonstrated by the pipeline company. 2 5. A pipeline company seeking rights under this chapter 3 shall not negotiate or purchase any easements or other 4 interests in land in any county known to be affected by the 5 proposed project prior to the informational meeting. 6 Sec. 112. Section 481A.1, subsection 35, Code 2014, is 7 amended to read as follows: 8 35. “Whitetail” means an animal belonging to the cervidae 9 Cervidae family and classified as part of the virginianus 10 Virginianus species of the odocoileus Odocoileus genus, 11 commonly referred to as whitetail. 12 Sec. 113. Section 481A.10A, Code 2014, is amended to read 13 as follows: 14 481A.10A Farmer advisory committee. 15 1. The director shall establish a farmer advisory committee 16 for the purpose of providing information to the department 17 regarding crop and tree damage caused by deer, wild turkey, and 18 other predators. 19 2. Members of the committee shall include a representative 20 designated by each of the following organizations: the 21 a. The Iowa corn growers association , the . 22 b. The Iowa farm bureau federation , the . 23 c. The Iowa farmers union , the . 24 d. The Iowa state horticulture society , the . 25 e. The Iowa Christmas tree growers association , the . 26 f. The Iowa nursery and landscape association , the . 27 g. The department of agriculture and land stewardship , and 28 the . 29 h. The Iowa state university agricultural extension service. 30 3. The committee shall meet with a representative of the 31 department of natural resources on a semiannual basis. The 32 committee shall serve without compensation or reimbursement for 33 expenses. 34 Sec. 114. Section 483A.54, Code 2014, is amended to read as 35 -66- LSB 5492HC (1) 85 lh/rj 66/ 104
H.F. _____ follows: 1 483A.54 Nonliability of the state and its officials. 2 1. Bonds issued are special limited obligations of the 3 commission and are not a debt or liability of the state or 4 any other political subdivision within the meaning of any 5 constitutional or statutory debt limitation and are not a 6 pledge of the state’s credit or taxing power within the meaning 7 of any constitutional or statutory limitation or provision 8 and, except as provided in this division subchapter , an 9 appropriation shall not be made, directly or indirectly, by the 10 state or any political subdivision of the state for the payment 11 of bonds. The bonds are special obligations of the commission 12 payable solely from the wildlife habitat bond fund. Funds from 13 the general fund of the state shall not be used to pay interest 14 or principal on the bonds if revenues deposited in the wildlife 15 habitat bond fund are insufficient. 16 2. The members of the commission or other person executing 17 the bonds is not personally liable for the payment of the 18 bonds. The bonds are valid and binding obligations of the 19 commission notwithstanding the fact that before the delivery of 20 the bonds any of the officers whose signatures appear on the 21 bonds cease to be officers of the state. From and after the 22 sale and delivery of the bonds, they shall be incontestable by 23 the commission. 24 Sec. 115. Section 493.9, Code 2014, is amended to read as 25 follows: 26 493.9 Change in stock. 27 Any such corporation may, by appropriate amendments to its 28 articles of incorporation, adopted by a two-third two-thirds 29 affirmative vote of each class of stock then issued and 30 outstanding and affected by such amendment, change its common 31 or preferred stock having a par value to an equal, greater or 32 less number of shares of stock having no par value, and, in 33 connection therewith, may fix the amount of capital represented 34 by such shares of stock without par value. 35 -67- LSB 5492HC (1) 85 lh/rj 67/ 104
H.F. _____ Sec. 116. Section 508.36, subsection 5, paragraph c, Code 1 2014, is amended to read as follows: 2 c. Weighting factors. 3 (1) The weighting factors referred to in paragraph “b” are 4 given in the following tables: 5 (a) (i) (1) (a) Weighting Factors for Life Insurance: 6 Guarantee Duration (Years) Weighting Factors 7 10 or less .50 8 More than 10, 9 but not more than 20 .45 10 More than 20 .35 11 (ii) (b) For life insurance, the guarantee duration is the 12 maximum number of years the life insurance can remain in force 13 on a basis guaranteed in the policy or under options to convert 14 to plans of life insurance with premium rates or nonforfeiture 15 values or both which are guaranteed in the original policy. 16 (b) (2) The weighting factors for single premium immediate 17 annuities and for annuity benefits involving life contingencies 18 arising from other annuities with cash settlement options and 19 guaranteed interest contracts with cash settlement options is 20 .80. 21 (c) (3) Weighting factors for other annuities and for 22 guaranteed interest contracts, except as stated in subparagraph 23 division (b) (2) , shall be as specified in subparagraph 24 subdivisions (i), (ii), and (iii) divisions (a), (b), and (c) 25 of this subparagraph division , according to the rules and 26 definitions in subparagraph subdivisions (iv), (v), and (vi) 27 divisions (d), (e), and (f) of this subparagraph division : 28 (i) (a) For annuities and guaranteed interest contracts 29 valued on an issue-year basis: 30 Weighting Factor 31 for Plan Type 32 Guarantee Duration (Years) A B C 33 5 or less .80 .60 .50 34 More than 5, 35 -68- LSB 5492HC (1) 85 lh/rj 68/ 104
H.F. _____ but not more than 10 .75 .60 .50 1 More than 10, 2 but not more than 20 .65 .50 .45 3 More than 20 .45 .35 .35 4 (ii) (b) For annuities and guaranteed interest contracts 5 valued on a change-in-fund basis, the factors shown in 6 subparagraph subdivision (i) division (a) of this subparagraph 7 division increased by: 8 Plan Type 9 A B C 10 .15 .25 .05 11 (iii) (c) For annuities and guaranteed interest contracts 12 valued on an issue-year basis, other than those with no 13 cash settlement options, which do not guarantee interest on 14 considerations received more than one year after issue or 15 purchase and for annuities and guaranteed interest contracts 16 valued on a change-in-fund basis which do not guarantee 17 interest rates on considerations received more than twelve 18 months beyond the valuation date, the factors shown in 19 subparagraph subdivision (i) division (a) of this subparagraph 20 division or derived in subparagraph subdivision (ii) division 21 (b) of this subparagraph division increased by: 22 Plan Type 23 A B C 24 .05 .05 .05 25 (iv) (d) For other annuities with cash settlement options 26 and guaranteed interest contracts with cash settlement options, 27 the guarantee duration is the number of years for which the 28 contract guarantees interest rates in excess of the calendar 29 year statutory valuation interest rate for life insurance 30 policies with guarantee durations in excess of twenty years. 31 For other annuities with no cash settlement options and for 32 guaranteed interest contracts with no cash settlement options, 33 the guarantee duration is the number of years from the date 34 of issue or date of purchase to the date annuity benefits are 35 -69- LSB 5492HC (1) 85 lh/rj 69/ 104
H.F. _____ scheduled to commence. 1 (v) (e) “Plan type” , as used in subparagraph subdivisions 2 (i), (ii), and (iii) divisions (a), (b), and (c) of this 3 subparagraph division , is defined as follows: 4 (A) (i) “Plan Type A” : At any time, the policyholder 5 may withdraw funds only with an adjustment to reflect changes 6 in interest rates or asset values since receipt of the funds 7 by the insurance company, or may withdraw funds without that 8 adjustment but in installments over five years or more, or may 9 withdraw funds as in immediate life annuity; or no withdrawal 10 is permitted. 11 (B) (ii) “Plan Type B” : Before expiration of the interest 12 rate guarantee, the policyholder may withdraw funds only with 13 an adjustment to reflect changes in interest rates or asset 14 values since receipt of the funds by the insurance company, or 15 may withdraw funds without that adjustment but in installments 16 over five years or more; or no withdrawal is permitted. At the 17 end of interest rate guarantee, funds may be withdrawn without 18 adjustment in a single sum or installments over less than five 19 years. 20 (C) (iii) “Plan Type C” : The policyholder may withdraw 21 funds before expiration of interest rate guarantee in a single 22 sum or installments over less than five years either without 23 adjustment to reflect changes in interest rates or asset values 24 since receipt of the funds by the insurance company, or subject 25 only to a fixed surrender charge stipulated in the contract as 26 a percentage of the fund. 27 (vi) (f) A company may elect to value guaranteed interest 28 contracts with cash settlement options and annuities with 29 cash settlement options on either an issue-year basis or on 30 a change-in-fund basis. Guaranteed interest contracts with 31 no cash settlement options and other annuities with no cash 32 settlement options must be valued on an issue-year basis. 33 As used in this section , an issue-year basis of valuation 34 refers to a valuation basis under which the interest rate used 35 -70- LSB 5492HC (1) 85 lh/rj 70/ 104
H.F. _____ to determine the minimum valuation standard for the entire 1 duration of the annuity or guaranteed interest contract is the 2 calendar year valuation interest rate for the year of issue 3 or year of purchase of the annuity or guaranteed interest 4 contract, and the change-in-fund basis of valuation refers to a 5 valuation basis under which the interest rate used to determine 6 the minimum valuation standard applicable to each change in the 7 fund held under the annuity or guaranteed interest contract is 8 the calendar year valuation interest rate for the year of the 9 change in the fund. 10 Sec. 117. Section 514.1, subsection 2, Code 2014, is amended 11 to read as follows: 12 2. For the purposes of this chapter , “subscriber” : 13 a. “Health care” means that care necessary for the purpose 14 of preventing, alleviating, curing, or healing human physical 15 or mental illness, injury, or disability. 16 b. “Provider” means a person as defined in section 4.1, 17 subsection 20, which is licensed or authorized in this state to 18 furnish health care services. 19 c. “Subscriber” means an individual who enters into a 20 contract for health care services with a corporation subject 21 to this chapter and includes a person eligible for mandatory 22 medical assistance or optional medical assistance as defined 23 under chapter 249A , with respect to whom the department 24 of human services has entered into a contract with a firm 25 operating under this chapter. For purposes of this chapter , 26 “provider” means a person as defined in section 4.1, subsection 27 20 , which is licensed or authorized in this state to furnish 28 health care services. “Health care” means that care necessary 29 for the purpose of preventing, alleviating, curing, or healing 30 human physical or mental illness, injury, or disability. 31 Sec. 118. Section 514I.10, subsection 1, Code 2014, is 32 amended to read as follows: 33 1. Cost sharing for eligible children whose family income 34 is below one hundred fifty percent of the federal poverty 35 -71- LSB 5492HC (1) 85 lh/rj 71/ 104
H.F. _____ level shall not exceed the standards permitted under 42 U.S.C. 1 § 1396(o)(a)(3) §1396o(a)(3) or § 1396(o)(b)(1) §1396o(b)(1) . 2 Sec. 119. Section 521B.102, subsection 5, paragraph b, 3 subparagraph (1), Code 2014, is amended to read as follows: 4 (1) The association shall satisfy the association’s minimum 5 capital and surplus requirements through the capital and 6 surplus equivalents (net , net of liabilities) liabilities, of 7 the association and its members, which shall include a joint 8 central fund that may be applied to any unsatisfied obligation 9 of the association or any of its members, in an amount 10 determined by the commissioner to provide adequate protection. 11 Sec. 120. Section 554.1110, Code 2014, is amended to read 12 as follows: 13 554.1110 Rules for filing and indexing Rules for filing and 14 indexing . 15 The secretary of state shall make and promulgate rules for 16 all filing and indexing pursuant to this chapter and chapter 17 554B including but not limited to rules on whether statements 18 and documents shall be indexed in real estate records. 19 Sec. 121. Section 554.1201, subsection 2, paragraph p, Code 20 2014, is amended to read as follows: 21 p. “Document of title” means a record that in the regular 22 course of business or financing is treated as adequately 23 evidencing that the person in possession or control of the 24 record is entitled to receive, control, hold, and dispose of 25 the record and the goods the record covers and that purports 26 to be issued by or addressed to a bailee and to cover goods 27 in the bailee’s possession which are either identified or are 28 fungible portions of an identified mass. The term includes a 29 bill of lading, transport document, dock warrant, dock receipt, 30 warehouse receipt, and order for delivery of goods. An 31 electronic “electronic document of title title” means a document 32 of title evidenced by a record consisting of information stored 33 in an electronic medium. A tangible “tangible document of 34 title title” means a document of title evidenced by a record 35 -72- LSB 5492HC (1) 85 lh/rj 72/ 104
H.F. _____ consisting of information that is inscribed on a tangible 1 medium. 2 Sec. 122. Section 554.2311, subsection 2, Code 2014, is 3 amended to read as follows: 4 2. Unless otherwise agreed specifications relating to 5 assortment of the goods are at the buyer’s option and except as 6 otherwise provided in section 554.2319, subsection 1, paragraph 7 “c” , and section 554.2319 , subsection 3 , specifications or 8 arrangements relating to shipment are at the seller’s option. 9 Sec. 123. Section 556.1, subsection 12, Code 2014, is 10 amended to read as follows: 11 12. a. “Property” means a fixed and certain interest 12 in or right in an intangible that is held, issued, or owed 13 in the course of a holder’s business, or by a government or 14 governmental entity, and all income or increment therefrom, 15 including that which is referred to as or evidenced by any of 16 the following: 17 a. (1) Money, check, draft, deposit, interest, dividend, 18 and income. 19 b. (2) Credit balance, customer overpayment, gift 20 certificate, security deposit, refund, credit memorandum, 21 unpaid wage, unused airline ticket, unused ticket, mineral 22 proceeds, and unidentified remittance and electronic fund 23 transfer. 24 c. (3) Stock or other evidence of ownership interests in 25 a business association. 26 d. (4) Bond, debenture, note, or other evidence of 27 indebtedness. 28 e. (5) Money deposited to redeem stocks, bonds, coupons, 29 and other securities, or to make distributions. 30 f. (6) An amount due and payable under the terms of an 31 insurance policy, including policies providing life insurance, 32 property and casualty insurance, workers’ compensation 33 insurance, or health and disability benefits insurance. 34 g. (7) An amount distributable from a trust or custodian 35 -73- LSB 5492HC (1) 85 lh/rj 73/ 104
H.F. _____ fund established under a plan to provide health, welfare, 1 pension, vacation, severance, retirement, death, stock 2 purchase, profit sharing, employee savings, supplemental 3 unemployment insurance, or similar benefits. 4 h. (8) Amounts distributable from a mineral interest in 5 land. 6 i. (9) Any other fixed and certain interest or right in an 7 intangible that is held, issued, or owing in the course of a 8 holder’s business, or by a government or governmental entity. 9 b. “Property” does not include credits, advance payments, 10 overpayments, refunds, or credit memoranda shown on the books 11 and records of a business association with respect to another 12 business association unless the balance is property described 13 in section 556.2 held by a banking organization or financial 14 organization. 15 Sec. 124. Section 559.2, subsections 1 and 2, Code 2014, are 16 amended to read as follows: 17 1. General, special , or otherwise. 18 2. Vested, contingent , or conditional. 19 Sec. 125. Section 562A.2, subsection 2, paragraph c, Code 20 2014, is amended to read as follows: 21 c. To insure ensure that the right to the receipt of rent is 22 inseparable from the duty to maintain the premises. 23 Sec. 126. Section 562A.12, subsection 7, Code 2014, is 24 amended to read as follows: 25 7. The bad faith bad-faith retention of a deposit by a 26 landlord, or any portion of the rental deposit, in violation 27 of this section shall subject the landlord to punitive damages 28 not to exceed twice the monthly rental payment in addition to 29 actual damages. 30 Sec. 127. Section 589.16, Code 2014, is amended to read as 31 follows: 32 589.16 Tax sales legalized. 33 In all instances where a county treasurer heretofore 34 conducted a tax sale at the time provided in section 7259 , 35 -74- LSB 5492HC (1) 85 lh/rj 74/ 104
H.F. _____ Code 1935, or section 7262, both of the Code , 1935, sales made 1 at such tax sale or any adjournment thereof shall not be held 2 invalid by reason of the failure of the county treasurer to 3 have brought forward the delinquent tax of prior years upon the 4 current tax lists in use by the said county treasurer at the 5 time of conducting the sale, or by reason of the failure of the 6 county treasurer to have offered all the property unsold before 7 each adjournment of said sale and said tax sales are hereby 8 legalized and declared valid notwithstanding the provisions of 9 section 7193 , Code 1935, and section 7259, both of the Code , 10 1935, provided the delinquent taxes for which the said real 11 estate was sold had been brought forward upon the current tax 12 list of the year preceding the year in which the said tax 13 sale was conducted. Provided, however, that no tax sale so 14 legalized and validated shall affect a special assessment if 15 the same continues to remain a lien notwithstanding a tax deed 16 now or hereafter issued pursuant to such tax sale. 17 Sec. 128. Section 600.1, unnumbered paragraph 2, Code 2014, 18 is amended to read as follows: 19 If a proceeding held under this chapter involves an Indian 20 child as defined in section 232B.3 and the proceeding is 21 subject to the Iowa Indian child welfare Act under chapter 22 232B , the proceeding and other actions taken in connection 23 with the proceeding or this chapter shall comply with chapter 24 232B . In any proceeding held or action taken under this chapter 25 involving an Indian child, the applicable requirements of the 26 federal Adoption and Safe Families Act of 1999 1997 , Pub. L. 27 No. 105-89, shall be applied to the proceeding or action in a 28 manner that complies with chapter 232B and the federal Indian 29 Child Welfare Act, Pub. L. No. 95-608. 30 Sec. 129. Section 600A.3, unnumbered paragraph 2, Code 31 2014, is amended to read as follows: 32 If a proceeding held under this chapter involves an Indian 33 child as defined in section 232B.3 and the proceeding is 34 subject to the Iowa Indian child welfare Act under chapter 35 -75- LSB 5492HC (1) 85 lh/rj 75/ 104
H.F. _____ 232B , the proceeding and other actions taken in connection 1 with the proceeding or this chapter shall comply with chapter 2 232B . In any proceeding held or action taken under this chapter 3 involving an Indian child, the applicable requirements of the 4 federal Adoption and Safe Families Act of 1999 1997 , Pub. L. 5 No. 105-89, shall be applied to the proceeding or action in a 6 manner that complies with chapter 232B and the federal Indian 7 Child Welfare Act, Pub. L. No. 95-608. 8 Sec. 130. Section 602.11101, subsection 2, paragraph a, 9 Code 2014, is amended to read as follows: 10 a. For the period beginning July 1, 1983, and ending June 11 30, 1987, the provisions of division I (articles of 1983 Iowa 12 Acts, ch. 186, articles 1 through 10) 10 of this chapter, take 13 effect only to the extent that the provisions do not conflict 14 with the scheduled state assumption of responsibility for the 15 components of the court system, and the amendments and repeals 16 of divisions II and III of 1983 Iowa Acts, ch. 186, take effect 17 only to the extent necessary to implement that scheduled state 18 assumption of responsibility. If an amendment or repeal to a 19 Code section in division II or III of 1983 Iowa Acts, ch. 186, 20 is not effective during the period beginning July 1, 1983, and 21 ending June 30, 1987, the Code section remains in effect for 22 that period. On July 1, 1987, 1983 Iowa Acts, chapter ch. 186, 23 takes effect in its entirety. 24 Sec. 131. Section 633.356, subsection 3, paragraph a, 25 subparagraph (6), Code 2014, is amended to read as follows: 26 (6) If applicable, that the attached copy of the decedent’s 27 will is the last will of the decedent and has been admitted 28 to probate or otherwise filed in the office of a clerk of the 29 district court. 30 Sec. 132. Section 633.361, subsection 6, Code 2014, is 31 amended to read as follows: 32 6. Name, relationship and post office address of each 33 beneficiary under the will (if if the decedent died testate) 34 testate or of each heir (if if the decedent died intestate) 35 -76- LSB 5492HC (1) 85 lh/rj 76/ 104
H.F. _____ intestate . If any persons take by representation, the personal 1 representative shall list the deceased person through whom 2 those persons take and shall also list the persons taking under 3 that deceased person. 4 Sec. 133. Section 633.510, subsection 2, Code 2014, is 5 amended to read as follows: 6 2. That the said absentee has property in this state 7 (describing , describing it with reasonable certainty) 8 certainty , all or part of which is situated in the county in 9 which the petition is filed. 10 Sec. 134. Section 633.647, subsection 3, Code 2014, is 11 amended to read as follows: 12 3. To make payments to, or for the benefit of, the ward in 13 any of the following ways: 14 a. Directly to the ward ; . 15 b. Directly for the maintenance, welfare , and education of 16 the ward ; . 17 c. To the legal guardian of the person of the ward ; or . 18 d. To anyone who at the time shall have the custody and care 19 of the person of the ward. 20 Sec. 135. Section 657.11, subsection 3, Code 2014, is 21 amended to read as follows: 22 3. a. This section does not apply to a person during any 23 period that the person is classified as a chronic violator 24 under this subsection as to any confinement feeding operation 25 in which the person holds a controlling interest, as defined 26 by rules adopted by the department of natural resources. This 27 section shall apply to the person on and after the date that 28 the person is removed from the classification of chronic 29 violator. For purposes of this subsection , “confinement feeding 30 operation” means an animal feeding operation in which animals 31 are confined to areas which are totally roofed, and which 32 are regulated by the department of natural resources or the 33 environmental protection commission. 34 a. b. (1) A person shall be classified as a chronic 35 -77- LSB 5492HC (1) 85 lh/rj 77/ 104
H.F. _____ violator if the person has committed three or more violations 1 as described in this subsection prior to, on, or after July 1, 2 1996. In addition, in relation to each violation, the person 3 must have been subject to either of the following: 4 (a) The assessment of a civil penalty by the department or 5 the commission in an amount equal to three thousand dollars or 6 more. 7 (b) A court order or judgment for a legal action brought 8 by the attorney general after referral by the department or 9 commission. 10 (2) Each violation must have occurred within five years 11 prior to the date of the latest violation, counting any 12 violation committed by a confinement feeding operation in which 13 the person holds a controlling interest. A violation occurs 14 on the date the department issues an administrative order to 15 the person assessing a civil penalty of three thousand dollars 16 or more, or on the date the department notifies a person in 17 writing that the department will recommend that the commission 18 refer, or the commission refers the case to the attorney 19 general for legal action, or the date of entry of the court 20 order or judgment, whichever occurs first. A violation under 21 this subsection shall not be counted if the civil penalty 22 ultimately imposed is less than three thousand dollars, the 23 department or commission does not refer the action to the 24 attorney general, the attorney general does not take legal 25 action, or a court order or judgment is not entered against 26 the person. A person shall be removed from the classification 27 of chronic violator on the date on which the person and all 28 confinement feeding operations in which the person holds a 29 controlling interest have committed less than three violations 30 described in this subsection for the prior five years. 31 b. c. For purposes of counting violations, a continuing and 32 uninterrupted violation shall be considered as one violation. 33 Different types of violations shall be counted as separate 34 violations regardless of whether the violations were committed 35 -78- LSB 5492HC (1) 85 lh/rj 78/ 104
H.F. _____ during the same period. The violation must be a violation of 1 a state statute, or a rule adopted by the department, which 2 applies to a confinement feeding operation and any related 3 animal feeding operation structure, including an anaerobic 4 lagoon, earthen manure storage basin, formed manure storage 5 structure, or egg washwater storage structure; or any related 6 pollution control device or practice. The structure, device, 7 or practice must be part of the confinement feeding operation. 8 The violation must be one of the following: 9 (1) Constructing or operating a related animal feeding 10 operation structure or installing or using a related pollution 11 control device or practice, for which the person must obtain 12 a permit, in violation of statute or rules adopted by the 13 department, including the terms or conditions of the permit. 14 (2) Intentionally making a false statement or 15 misrepresenting information to the department as part of an 16 application for a construction permit for the related animal 17 feeding operation structure, or the installation of the related 18 pollution control device or practice, for which the person must 19 obtain a construction permit from the department. 20 (3) Failing to obtain a permit or approval by the department 21 for a permit to construct or operate a confinement feeding 22 operation or use a related animal feeding operation structure 23 or pollution control device or practice, for which the person 24 must obtain a permit from the department. 25 (4) Operating a confinement feeding operation, including a 26 related animal feeding operation structure or pollution control 27 device or practice, which causes pollution to the waters of the 28 state, if the pollution was caused intentionally, or caused 29 by a failure to take measures required to abate the pollution 30 which resulted from an act of God. 31 (5) Failing to submit a manure management plan as required, 32 or operating a confinement feeding operation required to have 33 a manure management plan without having submitted the manure 34 management plan. 35 -79- LSB 5492HC (1) 85 lh/rj 79/ 104
H.F. _____ Sec. 136. Section 692.5, Code 2014, is amended to read as 1 follows: 2 692.5 Right of notice, access and challenge. 3 1. Any person or the person’s attorney shall have the 4 right to examine and obtain a copy of criminal history data 5 filed with the department that refers to the person. The 6 person or person’s attorney shall present or mail to the 7 department written authorization and the person’s fingerprint 8 identification. The department shall not copy the fingerprint 9 identification and shall return or destroy the identification 10 after the copy of the criminal history data is made. The 11 department may prescribe reasonable hours and places of 12 examination. 13 2. Any person who files with the division a written 14 statement to the effect that a statement contained in the 15 criminal history data that refers to the person is nonfactual, 16 or information not authorized by law to be kept, and requests 17 a correction or elimination of that information that refers 18 to that person shall be notified within twenty days by the 19 division, in writing, of the division’s decision or order 20 regarding the correction or elimination. Judicial review of 21 the actions of the division may be sought in accordance with 22 the terms of the Iowa administrative procedure Act, chapter 23 17A . Immediately upon the filing of the petition for judicial 24 review the court shall order the division to file with the 25 court a certified copy of the criminal history data and in no 26 other situation shall the division furnish an individual or the 27 individual’s attorney with a certified copy, except as provided 28 by this chapter . 29 3. Upon the request of the petitioner, the record and 30 evidence in a judicial review proceeding shall be closed to 31 all but the court and its officers, and access thereto shall 32 be refused unless otherwise ordered by the court. The clerk 33 shall maintain a separate docket for such actions. A person, 34 other than the petitioner, shall not permit a copy of any of 35 -80- LSB 5492HC (1) 85 lh/rj 80/ 104
H.F. _____ the testimony or pleadings or the substance thereof to be made 1 available to any person other than a party to the action or 2 the party’s attorney. Violation of this section shall be a 3 public offense, punishable under section 692.7 . The provisions 4 of this section shall be the sole right of action against the 5 department, its subdivisions, or employees regarding improper 6 storage or release of criminal history data. 7 4. Whenever the division corrects or eliminates data as 8 requested or as ordered by the court, the division shall advise 9 all agencies or individuals who have received the incorrect 10 information to correct their files. Upon application to the 11 district court and service of notice on the commissioner of 12 public safety, any individual may request and obtain a list of 13 all persons and agencies who received criminal history data 14 referring to the individual, unless good cause be shown why the 15 individual should not receive said the list. 16 Sec. 137. Section 707.11, subsection 1, Code 2014, is 17 amended to read as follows: 18 1. A person commits the offense of attempt to commit murder 19 when, with the intent to cause the death of another person 20 and not under circumstances which would justify the person’s 21 actions, the person does any act by which the person expects 22 to set in motion a force or chain of events which will cause or 23 result in the death of the other person. 24 Sec. 138. Section 715C.1, subsection 11, Code 2014, is 25 amended to read as follows: 26 11. a. “Personal information” means an individual’s first 27 name or first initial and last name in combination with any 28 one or more of the following data elements that relate to the 29 individual if any of the data elements are not encrypted, 30 redacted, or otherwise altered by any method or technology in 31 such a manner that the name or data elements are unreadable: 32 a. (1) Social security number. 33 b. (2) Driver’s license number or other unique 34 identification number created or collected by a government 35 -81- LSB 5492HC (1) 85 lh/rj 81/ 104
H.F. _____ body. 1 c. (3) Financial account number, credit card number, or 2 debit card number in combination with any required security 3 code, access code, or password that would permit access to an 4 individual’s financial account. 5 d. (4) Unique electronic identifier or routing code, in 6 combination with any required security code, access code, or 7 password that would permit access to an individual’s financial 8 account. 9 e. (5) Unique biometric data, such as a fingerprint, retina 10 or iris image, or other unique physical representation or 11 digital representation of biometric data. 12 b. “Personal information” does not include information 13 that is lawfully obtained from publicly available sources, or 14 from federal, state, or local government records lawfully made 15 available to the general public. 16 Sec. 139. Section 719.1, subsections 1 and 2, Code 2014, are 17 amended to read as follows: 18 1. a. A person commits interference with official acts when 19 the person knowingly resists or obstructs anyone known by the 20 person to be a peace officer, emergency medical care provider 21 under chapter 147A , or fire fighter, whether paid or volunteer, 22 in the performance of any act which is within the scope of the 23 lawful duty or authority of that officer, emergency medical 24 care provider under chapter 147A , or fire fighter, whether paid 25 or volunteer, or who knowingly resists or obstructs the service 26 or execution by any authorized person of any civil or criminal 27 process or order of any court. 28 a. b. Interference with official acts is a simple 29 misdemeanor. In addition to any other penalties, the 30 punishment imposed under this paragraph shall include 31 assessment of a fine of not less than two hundred fifty 32 dollars. 33 b. c. If a person commits interference with official acts, 34 as defined in this subsection, which results in bodily injury, 35 -82- LSB 5492HC (1) 85 lh/rj 82/ 104
H.F. _____ the person commits a serious misdemeanor. 1 c. d. If a person commits interference with official acts, 2 as defined in this subsection, which results in serious injury, 3 the person commits an aggravated misdemeanor. 4 d. e. If a person commits an interference with official 5 acts, as defined in this subsection , and in so doing inflicts 6 bodily injury other than serious injury, that person commits an 7 aggravated misdemeanor. 8 e. f. If a person commits an interference with official 9 acts, as defined in this subsection , and in so doing inflicts 10 or attempts to inflict serious injury, or displays a dangerous 11 weapon, as defined in section 702.7 , or is armed with a 12 firearm, that person commits a class “D” felony. 13 2. a. A person under the custody, control, or supervision 14 of the department of corrections commits interference with 15 official acts when the person knowingly resists, obstructs, or 16 interferes with a correctional officer, agent, employee, or 17 contractor, whether paid or volunteer, in the performance of 18 the person’s official duties. 19 a. b. Interference with official acts in violation of this 20 subsection is a serious misdemeanor. 21 b. c. If a person violates this subsection and in so doing 22 commits an assault, as defined in section 708.1 , the person 23 commits an aggravated misdemeanor. 24 c. d. If a person violates this subsection and the 25 violation results in bodily injury to another, the person 26 commits an aggravated misdemeanor. 27 d. e. If a person violates this subsection and the 28 violation results in serious injury to another, the person 29 commits a class “D” felony. 30 e. f. If a person violates this subsection and in so 31 doing inflicts or attempts to inflict bodily injury other 32 than serious injury to another, displays a dangerous weapon, 33 as defined in section 702.7 , or is armed with a firearm, the 34 person commits a class “D” felony. 35 -83- LSB 5492HC (1) 85 lh/rj 83/ 104
H.F. _____ f. g. If a person violates this subsection and uses or 1 attempts to use a dangerous weapon, as defined in section 2 702.7 , or inflicts serious injury to another, the person 3 commits a class “C” felony. 4 Sec. 140. Section 904.602, subsection 10, Code 2014, is 5 amended to read as follows: 6 10. Regulations, procedures, and policies that govern the 7 internal administration of the department and the judicial 8 district departments of correctional services under chapter 9 905 , which if released may jeopardize the secure operation of a 10 correctional institution operation or program are confidential 11 unless otherwise ordered by a court. These records include 12 procedures on inmate movement and control, staffing patterns 13 and regulations, emergency plans, internal investigations, 14 equipment use and security, building plans, operation, 15 and security, security procedures for inmate, staff, and 16 visits, daily operation records, and contraband and medicine 17 control. These records are exempt from the public inspection 18 requirements in section 17A.3 and section 22.2. 19 These records are exempt from the public inspection 20 requirements in section 17A.3 and section 22.2 . 21 DIVISION II 22 CORRESPONDING CHANGES 23 Sec. 141. Section 99F.15, subsection 6, Code 2014, is 24 amended to read as follows: 25 6. Except for wagers on gambling games or exchanges for 26 money as provided in section 99F.9, subsection 4 3 , a licensee 27 who exchanges tokens, chips, or other forms of credit to be 28 used on gambling games for anything of value commits a simple 29 misdemeanor. 30 Sec. 142. Section 99F.16, subsection 2, Code 2014, is 31 amended to read as follows: 32 2. Except for coins authorized in section 99F.9, subsection 33 4 3 , all moneys, coin, and currency found in close proximity of 34 wagers, or of records of wagers are presumed forfeited. The 35 -84- LSB 5492HC (1) 85 lh/rj 84/ 104
H.F. _____ burden of proof is upon the claimant of the property to rebut 1 this presumption. 2 Sec. 143. Section 422.34A, subsection 8, Code 2014, is 3 amended to read as follows: 4 8. Utilizing a distribution facility within this state, 5 owning or leasing property at a distribution facility within 6 this state that is used at or distributed from the distribution 7 facility, or selling property shipped or distributed from 8 a distribution facility. For purposes of this subsection , 9 “distribution facility” means an establishment where shipments 10 of tangible personal property are processed for delivery 11 to customers. “Distribution facility” does not include an 12 establishment where retail sales of tangible personal property 13 or returns of such property are undertaken with respect to 14 retail customers on more than twelve days a year except for a 15 distribution facility which processes customer sales orders 16 by mail, telephone, or electronic means, if the distribution 17 facility also processes shipments of tangible personal property 18 to customers provided that not more than ten percent of the 19 dollar amount of goods are delivered and shipped so as to be 20 included in the gross sales of the corporation within this 21 state as provided in section 422.33, subsection 2 , paragraph “b” 22 “a” , subparagraph (6) (2), subparagraph division (f) . 23 Sec. 144. Section 422.36, subsection 6, Code 2014, is 24 amended to read as follows: 25 6. A foreign corporation is not required to file a return 26 if its only activities in Iowa are the storage of goods for a 27 period of sixty consecutive days or less in a warehouse for 28 hire located in this state whereby the foreign corporation 29 transports or causes a carrier to transport such goods 30 to that warehouse and provided that none of the goods are 31 delivered or shipped so as to be included in the gross sales 32 of the corporation within this state as provided in section 33 422.33, subsection 2 , paragraph “b” “a” , subparagraph (6) (2), 34 subparagraph division (f) . 35 -85- LSB 5492HC (1) 85 lh/rj 85/ 104
H.F. _____ Sec. 145. Section 805.8C, subsection 5, paragraphs a and b, 1 Code 2014, are amended to read as follows: 2 a. For violations of legal age for gambling wagering under 3 section 99D.11, subsection 7 , section 99F.9, subsection 5 4 , 4 and section 725.19, subsection 1 , the scheduled fine is five 5 hundred dollars. Failure to pay the fine by a person under the 6 age of eighteen shall not result in the person being detained 7 in a secure facility. 8 b. For legal age violations for entering or attempting 9 to enter a facility under section 99F.9, subsection 6 5 , the 10 scheduled fine is five hundred dollars. Failure to pay the 11 fine by a person under the age of eighteen shall not result in 12 the person being detained in a secure facility. 13 DIVISION III 14 DIRECTIVES 15 Sec. 146. CODE EDITOR DIRECTIVES. 16 1. Sections 53.38, 53.39, 53.41, 53.44, 53.48, 53.49, 17 53.50, 53.51, 53.52, 73.15, 73.21, 85.63, 85.67, 85.68, 18 234.24, 234.26, 234.27, 234.28, 260C.56, 260C.57, 260C.61, 19 260C.63, 260C.64, 260C.65, 260C.67, 262.53, 262.56, 262.59, 20 262.60, 262.62, 262.63, 262.64, 262.65, 263.13, 358.36, 358.37, 21 461A.75, 461A.76, 461A.78, 462A.85, 476.26, 476.82, 483A.56, 22 and 499.71, are amended by striking the word “division” and 23 inserting in lieu thereof the word “subchapter”. 24 2. Sections 53.46, subsections 1, 3, 5, 6, and 7; 53.53, 25 subsections 1 and 3; 73.16, subsection 2, paragraph “c”; 26 85.65A, subsection 3, paragraph “e”; 85.66, subsection 1; 27 262.55, unnumbered paragraph 1; 263.11, unnumbered paragraph 28 1; 462A.77, subsection 9; 462A.83, unnumbered paragraph 1; 29 476.23, subsections 2 and 4; 476.25, subsection 1; 476.42, 30 unnumbered paragraph 1; 476.42, subsection 1, paragraph 31 “b”; 476.42, subsection 4, paragraph “b”; 476.44, subsection 32 2, paragraph “a”; 476.72, unnumbered paragraph 1; 476.76, 33 unnumbered paragraph 1; 483A.50, unnumbered paragraph 1; 34 483A.50, subsection 1; 483A.51, subsections 2, 5, and 6; 35 -86- LSB 5492HC (1) 85 lh/rj 86/ 104
H.F. _____ 499.61, unnumbered paragraph 1; 499.69, subsection 1, paragraph 1 “a”; and 499.69, subsection 1, paragraph “b”, subparagraph (3), 2 are amended by striking the word “division” and inserting in 3 lieu thereof the word “subchapter”. 4 3. Sections 144A.12, 331.449, 331.470, 554.9801, 554.9802, 5 554.9803, 554.9805, and 554.9809 are amended by striking, 6 within the Iowa Acts citation, the word “chapter” and inserting 7 in lieu thereof the abbreviation “ch.”. 8 4. Sections 202B.202, subsections 2 and 3; 490.1703, 9 subsection 1, unnumbered paragraph 1; 490.1703, subsection 10 2; 514C.27, subsection 1, unnumbered paragraph 1; 516B.2, 11 unnumbered paragraph 1; 535.2, subsection 6, paragraph “a”; 12 554.9804, subsection 1; 554.9806, subsection 1, paragraph “a”; 13 554.9806, subsection 2, paragraph “b”; 554.9806, subsection 14 3, paragraph “a”; 554.9807, subsections 2 and 5; 602.11101, 15 subsection 2, paragraph “b”; and 602.11101, subsection 3, are 16 amended by striking, within the Iowa Acts citation, the word 17 “chapter” and inserting in lieu thereof the abbreviation “ch.”. 18 5. Section 589.22 is amended by striking, within the Iowa 19 Acts citation, the letters “ch” and inserting in lieu thereof 20 the abbreviation “ch.”. 21 6. Sections 202B.202, subsection 1; 426C.4, subsection 22 1, paragraph “b”, subparagraph (2); 504.1703, subsection 1, 23 unnumbered paragraph 1; 504.1703, subsection 2; and 508.38, 24 subsection 11, are amended by striking, within the Iowa Acts 25 citation, the letters “ch” and inserting in lieu thereof the 26 abbreviation “ch.”. 27 7. Section 155A.43 is amended by striking, within the Iowa 28 Acts citation, the words “chapter” and “section” and inserting 29 in lieu thereof the abbreviation “ch.” and the symbol “§”. 30 8. Sections 8.57, subsection 2; 135C.2, subsection 5; 31 144D.4, subsection 10; 233A.1, subsection 3; 233B.1, subsection 32 3; and 411.30, subsection 1, paragraph “c”, are amended by 33 striking, within the Iowa Acts citation, the words “chapter” 34 and “section” and inserting in lieu thereof the abbreviation 35 -87- LSB 5492HC (1) 85 lh/rj 87/ 104
H.F. _____ “ch.” and the symbol “§”. 1 9. Section 554.11101 is amended by striking, within the Iowa 2 Acts citation, the words “chapter” and “sections” and inserting 3 in lieu thereof the abbreviation “ch.” and the symbol “§”. 4 10. Sections 12E.3A, subsection 1; 16.54, subsection 5 2; 135.153, subsection 1; 135.166, subsection 1; 249L.4, 6 subsection 5, paragraph “a”; 312A.3, subsection 1, paragraph 7 “a”; 315.4, subsection 1, paragraph “a”, subparagraph (2); 8 455E.11, subsection 2, paragraph “a”, subparagraph (2), 9 subparagraph division (f); and 505.32, subsection 2, paragraph 10 “g”, are amended by striking, within the Iowa Acts citation, 11 the word “section” and inserting in lieu thereof the symbol 12 “§”. 13 11. Section 446.45 is amended by striking, within the 14 Iowa Acts citation, the word “sections” and inserting in lieu 15 thereof the symbol “§”. 16 12. Section 229.39, subsection 3, paragraph “a”, is amended 17 by striking, within the Iowa Acts citation, the word “sections” 18 and inserting in lieu thereof the symbol “§”. 19 EXPLANATION 20 The inclusion of this explanation does not constitute agreement with 21 the explanation’s substance by the members of the general assembly. 22 This bill makes Code changes and corrections that are 23 considered to be nonsubstantive and noncontroversial, in 24 addition to style changes. Changes made include updating 25 or correcting names of and references to public and private 26 entities and funds, corrections to references to federal 27 Acts, changes to format, correcting internal Code and Iowa 28 Acts references and terminology, making various corrections 29 to spelling and grammar, punctuation changes, and numbering, 30 renumbering, and reorganizing various provisions to eliminate 31 unnumbered paragraphs and to facilitate citation. The Code 32 sections in which the technical, grammatical, and other 33 nonsubstantive changes are made include the following: 34 DIVISION I. 35 -88- LSB 5492HC (1) 85 lh/rj 88/ 104
H.F. _____ Code section 2.10: Numbers unnumbered paragraphs to 1 eliminate the unanchored unnumbered paragraph within this 2 provision relating to payment of per diem to members of the 3 general assembly. 4 Code section 2.48: Adds a subsection headnote to a 5 provision relating to subsequent reviews of tax expenditures or 6 incentives by the legislative oversight committee. All other 7 subsections in the Code section have subsection headnotes. 8 Code section 8.6: Combines a paragraph relating to rules 9 pertaining to customer councils with another paragraph that 10 also relates to those rules, and renumbers the resulting 11 paragraph. 12 Code sections 10A.104 and 10A.105: Updates punctuation 13 by replacing parentheses with commas around citations to the 14 federal Indian Gaming Regulatory Act, in provisions regarding 15 agreements or compacts between the state of Iowa and Indian 16 tribes to implement the federal Act and the confidentiality of 17 related records and materials. 18 Code section 13B.4B: Updates the style of language relating 19 to when summary claims data, which has been submitted to 20 the state public defender and pertains to an attorney’s 21 representation of an indigent client, may be released. 22 Code section 15J.2: Corrects the subject-verb agreement in 23 language defining what constitutes a substantial improvement 24 to property. 25 Code section 16.1: Reformats and adds the words “the 26 following” to eliminate a nonconforming Code numbering scheme 27 in language defining the term “low or moderate income families” 28 for purposes of provisions under the jurisdiction of the Iowa 29 finance authority. 30 Code section 16.2A: Adds the word “division” before the 31 word “board” in two places in language relating to the board 32 of the title guaranty division of the Iowa finance authority. 33 The term “board” is defined in Code chapter 16 to mean the Iowa 34 finance authority board of directors. 35 -89- LSB 5492HC (1) 85 lh/rj 89/ 104
H.F. _____ Code section 24.9: Numbers unnumbered paragraphs to 1 facilitate citation to this provision pertaining to the process 2 for adoption and certification of municipal budget estimates. 3 Code section 28E.24: Numbers unnumbered paragraphs to 4 facilitate citation to this provision pertaining to the 5 determination of the amount and sources of revenue for a 6 unified law enforcement district created by a Code chapter 28E 7 agreement. 8 Code section 49.7: Numbers unnumbered paragraphs to 9 facilitate citation to this provision pertaining to the 10 schedule and filing requirement for changes to election 11 precinct boundary lines after the redistricting if 12 congressional and legislative districts becomes law. 13 Code section 49.64: Numbers items in a series that appears 14 after a colon and which describes the number of ballots that 15 are to be delivered to an election precinct by the commissioner 16 of elections in presidential and nonpresidential elections. 17 Code section 53.37: Replaces chapter subunit references 18 to “division” with chapter subunit references to “subchapter” 19 and corrects the name of a federal Act pertaining to absentee 20 voting by members of the armed forces and oversees citizens, 21 in this provision regarding absentee voting by members of the 22 armed forces. 23 Code sections 70A.26 and 70A.39: Adds, to facilitate 24 hypertext linkage, a numeric citation to the Code chapter which 25 contains Iowa tort claims Act after a reference to that Act by 26 name in provisions relating to disaster service volunteer leave 27 by public employees and the bone marrow and organ donation 28 incentive program. 29 Code section 73A.21: Strikes an extraneous “that” in 30 language relating to the remedies for the failure of a 31 contractor or subcontractor of a public improvement to file 32 records after receiving a request for records from the labor 33 commissioner. 34 Code section 85.64: Replaces a chapter subunit reference to 35 -90- LSB 5492HC (1) 85 lh/rj 90/ 104
H.F. _____ “division” with a chapter subunit reference to “subchapter” and 1 numbers unnumbered paragraphs to facilitate citation to this 2 provision regarding limitations of benefits for an employee who 3 becomes permanently disabled due to a compensable injury to or 4 loss of a member or organ if the employee has previously lost 5 or lost use of a different member or organ. 6 Code section 88.5: Updates punctuation by replacing a set of 7 parentheses with commas in language relating to the contents of 8 an application for an order for a temporary variance from an 9 occupational safety or health standard. 10 Code section 89.4: Changes the language of an exception from 11 boiler regulations, for continuous coil-type boilers that are 12 used only for steam vapor, that describes the water temperature 13 that the water inside the boiler cannot exceed, so that the 14 expression of temperature is in numerals, not in words. 15 Code section 96.3: Moves a quotation mark to correct a 16 reference to the term “off” indicator to conform to other 17 instances of that same term in other provisions of Code chapter 18 96, which pertains to unemployment compensation. The term 19 appears correctly in Code section 96.19, subsections 21, 29, 20 and 30, and Code section 96.29, subsection 5. 21 Code section 96.11: Changes the word “insure” to “ensure” in 22 language relating to the taking of actions by the department 23 to make certain that the Iowa extended unemployment insurance 24 benefit language is interpreted and applied in a manner which 25 meets federal requirements. 26 Code section 99F.9: Renumbers to eliminate a reserved 27 subsection within this provision regulating wagering on 28 gambling games. Internal references to this provision are 29 corrected in Division II of this bill. 30 Code section 99F.11: Adds a numeric citation after a 31 reference to the rebuild Iowa infrastructure fund by name to 32 facilitate hypertext linkage to the statute in which the fund 33 is created in language relating to distribution of tax revenues 34 from gambling games. 35 -91- LSB 5492HC (1) 85 lh/rj 91/ 104
H.F. _____ Code section 101A.7: Numbers unnumbered paragraphs to 1 facilitate citation to this provision relating to inspection 2 by the state fire marshal’s office of storage facilities for 3 explosives. 4 Code section 123.41: Moves the words “to a manufacturer” to 5 improve the readability of language relating to application, 6 granting, and renewal of licenses to allow the manufacture, 7 storage, and wholesale disposition and sale of alcoholic 8 liquors. 9 Code section 123.50: Corrects the form of two citations to 10 Code section 123.49 to facilitate hypertext linkage to that 11 Code section in language stating that if a liquor control 12 licensee or wine or beer permittee is convicted of certain 13 offenses, the conviction constitutes grounds for revocation or 14 suspension of the person’s license or permit. 15 Code section 124.401: Changes the capitalization of a 16 reference to the term “federal register” in language regarding 17 the designation of controlled substances to conform the 18 capitalization of the term to other instances of the term 19 elsewhere in the Code. 20 Code section 135.64: Corrects a reference to the university 21 of Iowa hospitals and clinics by name in language relating to 22 applications for certificates of need that are submitted by 23 that institution. 24 Code section 135.152: Adds the word “for” to improve 25 the readability of language relating to determinations of 26 eligibility for assistance under the medical assistance and 27 medically needy programs and the obstetrical and newborn 28 indigent patient care program. 29 Code section 135B.34: Adds the word “adult” to correct 30 a reference to dependent adult abuse in language relating 31 to employment screening for persons being considered for 32 employment in hospitals. 33 Code section 137F.1: Changes an exception to the definition 34 of potentially hazardous food that describes the hydrogen 35 -92- LSB 5492HC (1) 85 lh/rj 92/ 104
H.F. _____ ion concentration of certain food when measured at certain 1 temperatures by changing the description of temperature levels 2 from words to numbers. 3 Code sections 163.4 and 163.5: Strikes the extraneous 4 word “such” in language describing the powers of assistant 5 veterinarians. 6 Code section 163.27: Changes language describing the 7 boiling requirements for garbage that is to be fed to animals 8 by changing the description of temperature levels from words 9 to numbers. 10 Code section 175.5: Adds the word “and” before the last 11 item in a series to correct the grammar of language describing 12 the duties and powers of the Iowa finance authority under the 13 chapter relating to agricultural development. 14 Code section 176A.10: Corrects internal references to 15 subparagraphs to allow for hypertext linkage in this provision 16 relating to taxation for county agricultural extension 17 education. 18 Code section 185C.6: Adds the word “an” before the words 19 “at-large” in language describing the election of directors 20 to the Iowa corn promotion board to conform the language to 21 similar language elsewhere in the Code describing at-large 22 representation by elected officials. 23 Code section 189A.2: Updates punctuation by replacing 24 parentheses with commas in citations to various federal Acts 25 within definitions referring to those Acts in the Code chapter 26 relating to meat and poultry inspection. 27 Code section 196.8: Changes language describing the 28 temperature limit for storage of eggs intended for human 29 consumption by changing the description of temperature levels 30 from words to numbers. 31 Code section 203C.3: Adds, to facilitate hypertext 32 linkage, a numeric reference to the Code chapter containing 33 the administrative procedure Act, after a reference to that 34 Act by name, in language relating to the appointment of the 35 -93- LSB 5492HC (1) 85 lh/rj 93/ 104
H.F. _____ department of agriculture and land stewardship as the receiver 1 for agricultural commodities stored in the warehouse of a 2 licensee whose license has been suspended. 3 Code section 203C.28: Numbers unnumbered paragraphs to 4 facilitate citation to a provision relating to tariff rates on 5 the receiving, storage, and load-out of grain by warehouses for 6 agricultural products. 7 Code section 207.4: Numbers and renumbers to eliminate 8 unanchored unnumbered paragraphs in language relating to coal 9 mine site permits. 10 Code section 215.20: Changes language describing the 11 temperature at which liquefied petroleum gas shall be kept, 12 offered, exposed for sale, or sold by the pound or metered 13 cubic foot of vapor by changing the description of the 14 temperature level from words to numbers. 15 Code section 225C.12: Corrects the name of the mental 16 health and disabilities fund in language relating to local 17 deposit and use of state funds appropriated for mental health 18 and disability services to conform to the changes made by 2012 19 Acts, chapter 1120, to the name of the county fund contained in 20 Code section 331.424A. 21 Code sections 225C.32 and 227.2: Updates the name of the 22 local board that coordinates mental health and disability 23 services to conform the name to the changes made to the names 24 of entities, funds, and services for persons with mental health 25 and other disabilities by 2012 Acts, chapter 1120. 26 Code section 226.9C: Corrects the name of the mental health 27 and disabilities fund in language relating to the splitting 28 of charges for services between the fund established in Code 29 section 331.424A and the county’s budget for substance abuse 30 expenditures to conform to the change made to the name of that 31 fund by 2012 Acts, chapter 1120. 32 Code section 229.21: Moves a reference to Code section 33 229.6 to place the reference both in Code order and with the 34 language relating to involuntary hospitalization that the 35 -94- LSB 5492HC (1) 85 lh/rj 94/ 104
H.F. _____ reference modifies in this provision relating to the filing of 1 applications for involuntary hospitalization of persons with 2 mental health or substance-related disorders. 3 Code section 231.23A: Strikes the word “program” from 4 language listing the aging and disability resource center as 5 an entity that is administered by the department on aging to 6 conform to changes made to the enabling statute for the center, 7 Code section 231.64, by 2013 Acts, chapter 29, §29. 8 Code section 232.7: Corrects the year of enactment in a 9 citation to the federal Adoption and Safe Families Act in this 10 provision relating to juvenile court proceedings involving an 11 Indian child. Public law number 105-89 was signed on November 12 19, 1997, by President Bill Clinton. 13 Code sections 232.175 and 232.178: Corrects the name of the 14 federal Adoption Assistance and Child Welfare Act in language 15 relating to foster care placement of children in conformance 16 with that Act. 17 Code section 235A.18: Adds the word “that” to improve the 18 readability of language regarding the retention of a person’s 19 name on the child abuse registry. 20 Code section 249A.26: Changes language relating to case 21 management for mental health and disabilities services 22 to conform to the changes made by 2012 Acts, chapter 23 1120, to names of the entities, funds, and services that 24 provide assistance to persons with mental health and other 25 disabilities. 26 Code section 252.13: Numbers unnumbered paragraphs and 27 creates a lettered list in language describing the recovery of 28 expenditures made by counties for the assistance or support of 29 the poor from various persons and entities. 30 Code sections 252B.4, 252B.13A, and 252.24: Corrects 31 multiple federal United States Code section citations by 32 lower-casing the lettered portion of the alphanumeric section 33 cited in provisions governing the collection of child support. 34 Code section 256.35: Corrects a reference in this provision 35 -95- LSB 5492HC (1) 85 lh/rj 95/ 104
H.F. _____ establishing the regional autism assistance program to the 1 child health specialty clinics of the university of Iowa 2 hospitals and clinics by name to conform the reference to other 3 references to the clinics elsewhere in the Code. 4 Code section 256.39: Changes a verb to a noun to conform 5 the usage in this paragraph describing an element that must be 6 included in a career pathways program to the language contained 7 in the prefatory clause and to the usage in the remaining 8 paragraphs of the subsection. 9 Code section 256F.2: Corrects the subject-verb agreement in 10 this definition of an “innovation zone consortium”. 11 Code section 257.31: Corrects the subject-verb agreement 12 and replaces generic paragraph references with specific 13 letter references in language relating to the appropriation of 14 supplemental aid to certain school districts. 15 Code section 258.16: Corrects an internal reference to 16 facilitate hypertext linkage in language relating to planning 17 for vocational education instructional programs. 18 Code section 260C.18A: Strikes the words “of education” 19 after a reference to the department of education in language 20 relating to the development of career academies. The term 21 “department” is defined in Code chapter 260C as meaning the 22 department of education. 23 Code sections 260C.58 and 260C.62: Numbers unnumbered 24 paragraphs to facilitate citation and replaces chapter subunit 25 references to “division” with chapter subunit references 26 to “subchapter” in two provisions relating to bonding for 27 community college facilities. 28 Code sections 260F.6, 260F.6B, and 260F.7: Strikes the 29 words “economic development” that appear before the word 30 “authority” in two Iowa jobs training program provisions. The 31 term “authority” is defined in Code chapter 260F as meaning the 32 economic development authority. 33 Code section 261.19: Corrects a reference by name to the Des 34 Moines university —— osteopathic medical center within language 35 -96- LSB 5492HC (1) 85 lh/rj 96/ 104
H.F. _____ establishing the health care professional recruitment program 1 to conform the reference to other references to that medical 2 center elsewhere in the Code. 3 Code sections 262.57 and 262.61: Numbers unnumbered 4 paragraphs to facilitate citation and replaces chapter subunit 5 references to “division” with chapter subunit references 6 to “subchapter” in two provisions relating to bonding for 7 facilities at board of regents institutions. 8 Code section 275.23A: Changes the word “nor” to “and not” to 9 correct the grammar of a sentence that established the timing 10 for adoption of a resolution by a school board to authorize 11 a change in the boundaries, the number of directors, or the 12 method of election of directors of an existing school district 13 director district. 14 Code section 297.36: Numbers unnumbered paragraphs to 15 facilitate citation to this provision regarding loan agreements 16 that are entered into by school boards in anticipation of 17 collection of a voter-approved tax levy to fund physical plant 18 and equipment improvements. 19 Code section 312.2: Reformats an internal reference to 20 facilitate hypertext linkage in language relating to allotments 21 from the road use tax fund. 22 Code section 321.258: Reformats an extended series into 23 a lettered list to improve the readability of this provision 24 regarding arrangement of lights on official traffic-control 25 signals. 26 Code section 321.440: Updates the punctuation in a lettered 27 list to conform to current Code style in a provision that 28 enumerates the defects that will cause a pneumatic tire to be 29 deemed unsafe. 30 Code section 331.382: Strikes an extraneous “or” in a series 31 of citations to Code chapters and portions of Code chapters, 32 which a county board must follow when taking action regarding 33 the special districts that are authorized under those Code 34 chapters. 35 -97- LSB 5492HC (1) 85 lh/rj 97/ 104
H.F. _____ Code section 341A.18: Numbers unnumbered paragraphs to 1 facilitate citation to this provision enumerating the civil 2 rights and responsibilities of persons who seek or obtain civil 3 service employment. 4 Code section 392.5: Numbers unnumbered paragraphs and 5 modifies the format of an existing Iowa Acts reference in 6 this provision relating to local library boards to facilitate 7 citation and to conform to the Iowa Acts reference to 8 references which are modified elsewhere in this bill. 9 Code sections 403.8 and 403.9: Reformats internal 10 references to facilitate hypertext linkage in these two 11 provisions in the urban renewal chapter. 12 Code section 419.4: Adds the word “the” before the word 13 “lessee” to improve the readability of a series and conform the 14 series to other language within the same subparagraph in this 15 provision relating to bond revenues for municipal projects. 16 Code section 422.11S: Strikes an extraneous “and” in a 17 series that describes the years and amounts which constitute 18 “total approved tax credits” in the enumerated tax years. 19 Code section 422.12C: Renumbers to eliminate unanchored 20 unnumbered paragraphs within this provision governing early 21 childhood development tax credits and expenses. 22 Code section 422.33: Renumbers to eliminate unanchored 23 unnumbered paragraphs and corrects internal references within 24 this provision relating to business tax on corporations. 25 Internal references to this Code section are corrected in 26 division II of this bill. 27 Code section 422.70: Splits a paragraph into two and then 28 redesignates the new and the remaining, succeeding paragraphs 29 to perfect the listing of the powers of the director of revenue 30 with respect to determinations of taxpayer tax liability. 31 Code section 423.3: Renumbers to eliminate unanchored 32 unnumbered paragraphs within this provision defining the term 33 “prosthetic device” for purposes of a sales tax exemption for 34 certain drugs, devices, and equipment. 35 -98- LSB 5492HC (1) 85 lh/rj 98/ 104
H.F. _____ Code section 426A.8: Numbers unnumbered paragraphs to 1 facilitate citation and corrects an internal reference in this 2 provision governing military service tax exemptions. 3 Code section 426A.11: Adds commas in two places to complete 4 the set-off of descriptive clauses in language describing the 5 amount of the value of a veteran’s property that is allowed for 6 purposes of the military service tax exemption. 7 Code section 426B.5: Corrects, in two places, references 8 by name to the mental health and disabilities fund which is 9 established in Code section 331.424A to conform to the changes 10 made to the name of that fund by 2012 Acts, chapter 1120. 11 Code section 445.37: Numbers unnumbered paragraphs to 12 facilitate citation to this provision describing when taxes are 13 considered delinquent. 14 Code sections 452A.2, 452A.3, and 452A.86: Changes language 15 describing the temperature at which various motor fuels 16 are kept when offered for sale, exposed for sale, or sold, 17 for purposes of excise taxes on that fuel, by changing the 18 description of the temperature level from words to numbers. 19 Code section 455B.171: Changes language in two definitions 20 describing petroleum and other regulated substances, for 21 purposes of federal and state environmental protection 22 regulation, by changing the description of temperature levels 23 from words to numbers. 24 Code section 455E.11: Splits a subparagraph subdivision and 25 numbers the resulting new subparagraph subdivision, to place 26 a definition that, by its own terms, applies to the entire 27 subparagraph division. 28 Code section 455G.2: Changes language in the definition of 29 petroleum-leaking underground petroleum storage tank chapter, 30 by changing the description of temperature levels from words 31 to numbers. 32 Code section 455G.13: Changes “owner” to “owner’s” and 33 strikes a comma to correct the grammar and punctuation in this 34 provision relating to rights and liabilities of persons for 35 -99- LSB 5492HC (1) 85 lh/rj 99/ 104
H.F. _____ release of petroleum from an underground storage tank. 1 Code section 456A.37: Changes a reference to wildlife 2 or plant species, within this provision relating to invasive 3 species, from plural to singular, to make references to those 4 species consistent throughout this Code section. 5 Code section 462A.2: Moves a quotation mark that relates to 6 a subdefinition within the definition of the term “proceeds” to 7 be consistent with the quotation marks used to describe another 8 related subdefinition within this definitions provision for the 9 Code chapter regulating water navigation. 10 Code section 468.188: Numbers unnumbered paragraphs to 11 facilitate citation to this provision relating to public 12 improvements which divide a levee and drainage district. 13 Code section 468.500: Adds the words “subchapter II” to 14 two internal references to facilitate hypertext linkage to 15 those references in a provision relating to the placement of 16 the management of a drainage or levee district under a board 17 of trustees. 18 Code section 479.5: Numbers and letters unnumbered 19 paragraphs to facilitate citation to this provision relating to 20 applications for permits to construct, maintain, and operate a 21 pipeline in this state. 22 Code section 481A.1: Capitalizes the scientific names used 23 in this definition of whitetail deer to be consistent with the 24 capitalization of the other scientific names used in this Code 25 section. 26 Code section 481A.10A: Reformats this provision relating 27 to the farmer advisory committee to create subsections and to 28 put the elements of an extended series into a lettered list to 29 improve the readability of the provision. 30 Code section 483A.54: Numbers unnumbered paragraphs to 31 facilitate citation and replaces chapter subunit references to 32 “division” with chapter subunit references to “subchapter” in 33 this provision that exempts the state and state officials from 34 liability for the payment of bonds that are payable from the 35 -100- LSB 5492HC (1) 85 lh/rj 100/ 104
H.F. _____ wildlife habitat bond fund. 1 Code section 493.9: Changes the word “two-third” to 2 “two-thirds” to correctly describe the proportion of the 3 vote of each class of stock that is needed for a business or 4 professional corporation to make changes to the corporation’s 5 stock. 6 Code section 508.36: Redesignates this provision describing 7 the weighting factors used in computation of the minimum 8 standard for the valuation of life insurance policies, 9 annuities, and pure endowment contracts to eliminate one 10 level of numbering, and corrects related internal references, 11 because the current scheme has a subparagraph (1), but has no 12 subparagraph (2). 13 Code section 514.1: Alphabetizes definitions within 14 the definitions provision for the Code chapter relating to 15 nonprofit health service corporations. 16 Code section 514I.10: Strikes parentheses within a United 17 State Code reference to correct the alphanumeric section 18 reference in language describing the federal cost sharing 19 standards used in the hawk-i program. 20 Code section 521B.102: Replaces parentheses with commas to 21 improve the punctuation within this provision governing when 22 credit for reinsurance is allowed to a domestic ceding insurer. 23 Code section 554.1110: Enacts a Code section headnote 24 for a section of the uniform commercial code, pertaining to 25 the adoption of rules for filing and indexing. The headnote 26 for the Code section was supplied by the Code editor at the 27 time the section was codified, because the headnote was not 28 present in 1967 Iowa Acts, chapter 390, §6, when the enabling 29 legislation was enacted. Code section 3.3 provides that 30 headnotes in Code chapter 554 are to be considered part of the 31 law as enacted. 32 Code section 554.1201: Places quotes around defined terms 33 that are within the definition of the term “document of title” 34 in the general definitions section for the uniform commercial 35 -101- LSB 5492HC (1) 85 lh/rj 101/ 104
H.F. _____ code. 1 Code section 554.2311: Supplies two missing commas after 2 internal references that appear in this provision regarding 3 options relating to assortment of the goods under a contract 4 for sale. 5 Code section 556.1: Redesignates paragraphs to eliminate 6 unanchored unnumbered paragraphs in this definition of property 7 that is contained within the general definitions section of the 8 Code chapter governing disposition of unclaimed property. 9 Code section 559.2: Supplies missing commas in two 10 provisions that each contain a series describing the nature of 11 a power to appoint that is conveyed in a written instrument and 12 that affects real property. 13 Code section 562A.2: Changes the word “insure” to “ensure” 14 in language describing the purposes of the Code chapter 15 governing the rental of property and obligations of landlords 16 and tenants. 17 Code section 562A.12: Hyphenates to correct the usage of 18 the term “bad-faith” in this provision describing when the 19 retention of a deposit by a landlord will subject the landlord 20 to punitive damages. 21 Code section 589.16: Standardizes the citation form of 22 two citations to the Code of 1935 to permit future hypertext 23 linkage to those prior Codes within this legalizing Act that 24 validates certain tax sales. 25 Code sections 600.1 and 600A.3: Corrects the year of 26 enactment within two citations to the federal Adoption and 27 Safe Families Act, Pub. L. No. 105-89, in provisions relating 28 to adoption of an Indian child and termination of the child’s 29 parents’ parental rights. The public law was signed on 30 November 19, 1997, by President Bill Clinton. 31 Code section 602.11101: Updates the form of citations to 32 1983 Iowa Acts, chapter 186 to facilitate future hypertext 33 linkage to that 1983 Iowa Act and to distinguish references 34 to portions of that Act from references to portions of Code 35 -102- LSB 5492HC (1) 85 lh/rj 102/ 104
H.F. _____ chapter 602 in this provision describing the transitional 1 implementation of those 1983 changes to this Code chapter 2 relating to the operation of the Iowa judicial system. 3 Code section 633.356: Adds the word “the” to enhance the 4 readability of language describing the circumstances under 5 which a decedent’s personal property may be distributed by 6 affidavit. 7 Code section 633.361: Strikes parentheses to improve the 8 readability of this provision describing the probate report and 9 inventory by the personal representative of an estate. 10 Code section 633.510: Strikes parentheses to improve 11 the punctuation of this provision describing one of the 12 circumstances that must be alleged in order that administration 13 may be had upon the estate of a person who is an absentee. 14 Code section 633.647: Updates the punctuation and deletes 15 the extraneous word “or” within a list describing the way that 16 payments may be made by a conservator to a ward, to conform the 17 provision to current style. 18 Code section 657.11: Redesignates, to eliminate an initial 19 unanchored unnumbered paragraph and to conform to current Code 20 drafting style, in this provision describing when an animal 21 feeding operation is or is not considered to be a chronic 22 violator for purposes of defending against a nuisance suit 23 against the operation. 24 Code section 692.5: Numbers unnumbered paragraphs to 25 facilitate citation to this provision regarding a person’s 26 rights with respect to criminal history data that is filed with 27 the department of public safety. 28 Code section 707.11: Adds the words “the offense of” 29 before language naming the offense and then describing the 30 elements of the crime of attempt to commit murder to improve 31 the readability of the language. 32 Code section 715C.1: Redesignates to eliminate unanchored 33 unnumbered paragraphs in the definition of “personal 34 information” in the general definitions provision of the 35 -103- LSB 5492HC (1) 85 lh/rj 103/ 104
H.F. _____ chapter regarding personal information security breach 1 protection. 2 Code section 719.1: Redesignates, to eliminate an initial 3 unanchored unnumbered paragraph and to conform to current Code 4 drafting style, within this provision regarding the commission 5 of the crime of interference with official acts. 6 Code section 904.602: Combines two paragraphs to eliminate 7 an unanchored unnumbered paragraph in language describing one 8 of the types of records of the department of corrections that 9 are confidential, unless otherwise ordered by a court. 10 DIVISION II. This division contains corrections to internal 11 references to Code sections 99F.9 and 422.33 that are numbered, 12 renumbered, designated, or redesignated in division I of this 13 bill. 14 DIVISION III. This division contains a series of 12 Code 15 editor directives that make internal references within the 16 Code more consistent. The first two directives amend various 17 provisions within the Code to replace references to divisions 18 with references to subchapters in chapters in which the 19 chapter subunits are not currently assigned a chapter subunit 20 designation or numbered, but which have a chapter subunit 21 title. The third through twelfth directives modify the format 22 of existing Iowa Acts references throughout the Code to make 23 the citations consistent. 24 -104- LSB 5492HC (1) 85 lh/rj 104/ 104